treasurer; duty imposed in each year, and credit the account with the amount of tax received of auditor. and paid over to the collector as aforesaid; and it shall be the duty of the clerks in the several counties, to open accounts with the state, in which shall be entered the different sums imposed under this act, together with the sums received and paid over as aforesaid; and it shall be lawful for the auditor to prescribe the form of opening and keeping such accounts: Provided, That nothing in this act contained shall extend to proceedings before justices of the peace.* [Passed, February 14, 1815.] Obsolete. Duty of county clerks. ACTS OF THE FOURTEENTH GENERAL ASSEMBLY OF THE Passed at the first session, which was held at Chillicothe, and commenced December 4, 1815. CHAP. CCCLIII.-An act to extend the time for taking, transmitting and receiving the returns of the enumeration of the white male inhabitants above the age of twenty-one years. † 1. Be it enacted, &c. That the time for taking, transmitting and receiving the returns of the white male inhabitants above the age of twenty-one years, be extended to the fourth Monday in January next, any law or regulation to the contrary notwithstanding. 2. That the clerks of the courts of common pleas in each county in this state, where the whole enumeration of the white male inhabitants above twenty-one years of age, has not been taken by the listers of taxable property in the month of May last, agreeably to the provisions of the act, enti *RESCLUTIONS. 1. A resolution appointing certain road commissioners. 2. Resolution appointing commissioners to fix the seat of justice for the county of Monroe. 3. Resolution prescribing certain duties to the doorkeepers of the senate and house of representatives. 4. Resolution appointing trustees for the Ohio university. 5. Resolution presenting the thanks of the general assembly to general Jackson, his officers and soldiers for the defence of New Orleans. 6. 7. Resolution as to volunteers. Resolution for printing three thousand copies of the militia law. 8. Resolution relating to the assumption of the direct tax of the United States. Resolved, &c. That the governor be requested to open a correspondence with the secretary of the treasury of the United States, for the purpose of ascertaining on what conditions this state will be permitted to assume and pay the proportion of the direct tax of the United States, to be assessed on this state for the year one thousand eight hundred and fifteen; and that he use his influence to obtain the privilege of disbursing the whole or a part thereof, in discharging claims against the United States, that now exist or that may hereafter accrue in favor of citizens of this state, for the purpose of enabling the legislature to assume the payment, without being required to make an immediate advance. Resolved, That the governor be authorized and requested, in case the United States will permit the disbursement to be made as aforesaid, to stipulate on the part of this state, that they will, prior to the first day of July next, satisfy and discharge claims in favor of citizens of this state, for military services and for supplies furnished by others (than contractors and officers in the service of the United States,) and for property impressed, in the first place, in preference to any other description of public creditors, who may be authorized by the United States, to demand payment at the treasury of this state, to the full amount that this state will be required to pay, by assuming her proportion of the direct tax. Resolved, That the governor of this state be requested to open a correspondence with the several banking institutions of this state, in order to ascertain, whether it will be possible for the state, to obtain from any or all the banks aforesaid, a loan sufficient in whole or is part, to satisfy the amount of the direct tax, to be levied by the United States upon this state, for the year one thousand eight hundred and fifteen, if such loans can be procured, upon what terms, and to report to this general assembly, the result of such correspondence. [Passed, December 24, 1814.] 9. Resolution requesting the governor to forward a copy of a certain act to the secretary of the treasury of the United States. 10. Resolution authorizing the governor to appoint a day of fasting and prayer. 11. Resolution appointing William Ludlow, director of the town of Columbus. 12. Resolution appointing commissioners to fix the seat of justice in the county of Pike. 13. Resolution appointing trustees of the Miami university. 14. Resolution for the distribution of the laws and journals. + See O. L. c. 14. tled an act regulating the mode of taking the enumeration of the white male inhabitants above twenty-one years of age,' passed the sixteenth day of April, eighteen hundred and three, be, and they are hereby required, on the receipt of a copy of this act, to issue and transmit an order to the several delinquent listers of taxable property, commanding them to proceed, without delay, to take the enumeration of all white male inhabitants, within their respective townships, over twenty-one years of age, whose usual place of abode was in any family within his township, on the first day of May last; and if any doubt should arise, relative to the residence of any person, the lister or person authorized to take the enumeration, may examine such person, under oath, touching his résidence, which oath they are hereby authorized to administer. 3. That in case of a vacancy in the office of lister, in any such delin- Further duty of quent township, by death or otherwise, the clerk shall proceed to appoint county clerks. some suitable person, within such township, to take the enumeration, and issue his order to him accordingly. 4. That each lister or person, appointed by the clerk to take the enu- Duty of townmeration as aforesaid, shall, on the receipt of an order from the clerk of ship listers. the court of comnon pleas of their respective counties, proceed to take the oath prescribed by the first section of the before recited act; and shall within ten days after receiving the notice as aforesaid, take the enumeration of all white male inhabitants above twenty-one years of age, resident within his township as aforesaid, and make an accurate return thereof to the clerks of the courts of common pleas of their respective counties. 5. That the clerks of the courts of common pleas respectively, shall Clerk's duty on file the several returns made as aforesaid, and carefully preserve the same; receiving reand shall transmit, under their hands and the seals of their counties, to the turns from speaker of the senate within the time mentioned in the first section of this lister; penalty act, the aggregate amount of all white male inhabitants above twenty-one for neglect. years of age, within their respective counties, agreeably to the returns to them made as aforesaid; and if any clerk of the court of common pleas shall neglect or refuse to perform all or any of the duties imposed on him by this act, he shall forfeit and pay, for the use of the county, the sum of fifty dollars, to be recovered before any court having competent jurisdiction, at the suit of the county treasurer. 6. That if any lister or other person appointed to take the enumera- Penalty on tion as aforesaid, shall neglect or refuse to discharge all and singular the lister for neduties imposed on him by this act, every such lister or other person appointed glect. to take the enumeration as aforesaid, shall, on conviction thereof before any justice of the peace, at the suit of the clerk of the court of common pleas, forfeit and pay for the use of the county, the sum of twenty dollars. 7. That the clerks of the courts of common pleas aforesaid, shall, Further duty of immediately on the receipt of this act, transmit to the several delinquent county clerks. listers, or persons appointed to take the enumeration as aforesaid, within their respective counties, a copy of the second, fourth and sixth sections of this act, duly certified under the seal of the court. 8. That the clerks of the courts of common pleas respectively, shall, Their compenfor the services by them performed under this act, receive such compensation sation. as shall be allowed them by the associate judges of their respective counties, to be paid out of the county treasury, on the order of the commissioners. 9. That the listers and persons appointed to take the enumeration as Lister's comaforesaid, shall be allowed the same fees that are allowed, by the seventh sec- pensation. tion of the beforerecited act to listers of taxable property, for taking the enumeration of white male inhabitants over twenty-one years of age, which fees shall be paid out of the county treasury. [Passed, December 12, 1815.] CHAP. CCCLIV.—An act extending the time for the county commissioners to make out the Obsolete. duplicates of tax, on the lands of residents, for the year eighteen hundred and sixteen.* 1. Be it enacted, &c. That the commissioners of the several counties, Duty of county within this state, shall postpone the making out the duplicates of taxes on the commissioners. lands of resident proprietors, within their respective counties, for the year one thousand eight hundred and sixteen, until the first Monday in March next, any former law to the contrary notwithstanding. * See O. L. c. 244. Duty of auditor. [IN FORCE.] Penalty for acting as an officer to a bank. No company to lend money or issue notes. Who shall be 2. That the auditor of public accounts shall, forthwith, transmit a copy of this act to the commissioners of the several counties, within this state, who shall govern themselves accordingly. [Passed, December 16, 1815.] CHAP. CCCLV.-An act to prohibit the issuing and circulating of unauthorized bank paper. 1. Be it enacted, &c. That if any person shall within this state, act as an officer, servant, agent or trustee to any bank or monied association, coming within the description contained in the second section of this act, except a bank incorporated by a law of this state, he shall, for every such offence, forfeit and pay the sum of one thousand dollars. 2. That every company or association that shall lend money, and shall issue by their officer or officers, or by any other person or persons, bonds, notes or bills, payable to bearer or payable to order, and endorsed in blank, or use other shift or device, whereby the bonds, notes or bills given by such company or association or on their behalf, pass or circulate by delivery, shall be taken and deemed a bank within this act. 3. That every person who shall act as a president, cashier, clerk or considered offi- director to any such bank, or shall in any respect assist in the discounting of cers of a bank. paper, or lending money for such bank, or in paying out or receiving money for such bank, or in any manner intermeddle for the benefit of such bank, with its concerns; and every person whose handwriting shall appear on the bond, bill, note or contract of such bank, whether as the drawer thereof, a witness or payee and endorser, shall be deemed and taken an officer of such bank within the meaning of this act. Penalty for receiving or passing notes. Fines, how recovered. Form of indict ment. Pleadings thercon. Judges to give thisact in charge. Contracts with banks void. 4. That if any person shall receive and offer in payment, the bond, bill, note, or contract of any such bank, knowing the same to be unincorporated, payable to bearer or to order, and endorsed in blank, he shall for such offence, forfeit three times the amount of such bond, bill, note or contract; and if any person shall receive and pass or circulate the bond, bill, note or contract, of any such bank by delivery, without endorsing the same, knowing such bank to be unincorporated, he or she so offending, shall forfeit and pay four times the amount of such bond, bill, note or contract. 5. That all fines and forfeitures imposed by this act, may be recovered by action of debt or by indictment, or presentment of the grand jury, and shall go one half to the informer where the action is brought, and the other half in aid of the public revenue of this state; but where the same is recovered by indictment or presentment, the whole shall be to the use of the state. § 6. That in every such indictment or presentment, it shall be sufficient to state in substance, that the defendant on the day of at acted as an officer of a bank, not incorporated by law, or that the defendant on the at paid (or offered in payment, as the case may be) the bond, bill, note or contract, of a bank not incorpo- the special matter. 7. That in every suit brought under this act, it shall be sufficient to set forth in substance the matter aforesaid, without setting forth the special matter. 8. That it shall be the duty of the presidents, or in case of the absence of the president, it shall be the duty of the presiding associate judge of the different courts of common pleas of this state, to give this act in charge to the grand jury. 9. That all bonds, bills, notes or contracts, hereafter executed, which shall purport to be negotiable or payable at such bank, shall be, and the same are hereby declared null and void; and all bonds, bills, notes or written contracts given to such bank, or discounted by such bank, or given to any other person or persons, for the use of such bank, either expressed or understood, or for the purpose of being discounted at such bank, or of obtaining money or the notes, bills or bonds of such bank, either directly or indirectly from such bank, shall be and are hereby declared null and void. No action to be 10. That every such bank, and every trustee or person on its behalf or maintained on for its benefit, is hereby declared incapable of maintaining any suit in any any bill or note. court in this state, for any matter whatever, appertaining to such bank or for its use; and every suit in which it shall at any stage thereof be made appear, that such suit is, in whole or in part, for the benefit of such bank, shall be dismissed with costs. 11. That every stockholder, shareholder or partner, hereafter interested Stockholders in any such bank, shall be jointly and severally answerable, in their individual liable in their capacity, for the whole amount of the bonds, bills, notes and contracts of such individual cabank, hereafter executed, any agreement, shift or device, in such bond, bill, pacity. note or contract or otherwise, to the contrary notwithstanding. 12. That the holder of any bond, bill, note or contract, of such bank, Holders of may institute suit and recover judgment thereon, against any part or the notes may sue whole of the persons who were interested in such bank, at the date of such any person inbond, bill, note or contract, or who became interested in such bank, at any time between that and the commencement of such suit. terested. 13. That in such suit, it shall be sufficient for the plaintiff to set forth in Pleading on substance, that he is the holder of such bond, note, bill or contract; that the such suit. defendants were interested in said bank at the date of such bond, bill, note or contract, or subsequently thereto, and that it remains unpaid: it shall be unnecessary to show in the declaration or pleadings, and unnecessary to prove on the trial, that a demand was made of the contents of such bond, bill, note or contract, at the time or place when and where it purports to be payable, but the persons aforesaid shall be liable without such demand. 14. That if, during the progress or on the trial of such suit, it shall Pleading conappear that any one or more of the defendants are not liable to such action, tinued. under this act, it shall not prevent the suit from proceeding as to any other defendant, but judgment shall be given for the full amount of such bond, bill, note or contract, against any one or more of the defendants, who may appear to be liable. 15. That nothing in this act contained shall extend to any company This act not to incorporated by a law of this state, who may be authorized by their charter extend to incorto loan money or otherwise to act as a bank, so long as the charter of such porated banks. company remains in full force. 16. That this act shall commence, and be in force, from and after When to take the first day of May next: Provided however, That time shall be allowed to effect; proviso, all such private companies and associations now existing, till the first day of January, eighteen hundred and seventeen, for the sole and only purpose of settling and closing their business and accounts: And provided also, That the penalties and forfeitures herein enacted, in the fourth and tenth sections of this act, against persons offering in payment the bond, bill, note or contract, of such company or association, or bringing suit upon such bond, bill, note or contract, shall be suspended until the said first day of January, eighteen hundred and seventeen: And provided also, That such company or association may renew any note or notes, which may have been discounted before the passage of this act, until the said first day of January, eighteen hundred and seventeen: Provided nevertheless, That this act shall not affect the bank of Cincinnati, the Lebanon Miami banking company, the Urbana banking company, the Columbiana bank of New Lisbon, and the Zanesville canal and manufacturing company, previous to the first day of January, eighteen hundred and eighteen. 17. That the sixth and eighth sections of the act to raise a revenue from O. L. c. 340, banks, and to prohibit the unauthorized issuing of bank paper, be and the repealed in same are hereby repealed: Provided all suits instituted, all fines and for- part. feitures incurred, and all transactions had under the aforesaid sections, shall be conducted, carried into execution, and money paid over in the same manner as if this act had not been passed; but nothing in this or the preceding section, shall be so construed as to permit any person or persons, company or association, to strike, issue or put in circulation any notes or bills, prohibited by the sixth and eighth sections of the act to raise a revenue from banks, and to prohibit the unauthorized issuing of bank paper, or prohibited by this act, from the first day of May next until the first day of January next thereafter, nor to discount during the aforesaid period, any notes, bills or bonds, except such as may be given for the purpose of renewing notes, bills or bonds discounted previous to the taking effect of this act. [Passed, January 27, 1816.] Repealed, Feb- CHAP. CCCLVI.—An act regulating the course of descents and distribution of personal ruary 11, 1824; O. L. c. 590, 16. Real estate of persons dying intestate to descend in par cenary; course of descents. Course of descents continued. Continued. Continued. Continued. Continued. When they shall take per capita; when per stirpes. When estate advanced, it may be brought into hotch pot. Alienage of ancestors, no bar to title by descent; bastards may inherit in certain cases. How bastards may be legitimated. estate.* 1. Be it enacted, &c. That when any person shall die intestate having title to any real estate of inheritance lying and being in this state, which title shall have come to such intestate by descent, devise, or deed of gift from an ancestor, such estate shall descend and pass in parcenary to his or her kindred, in the following course: First-to the children of such intestate or their legal representatives: Second-if there be no children, or their legal representatives, the estate shall pass to the brothers and sisters of the intestate, who may be of the blood of the ancestor from whom the estate came, or their legal representatives, whether such brothers and sisters be of the whole or of the half blood of the intestate: Third-if there be no brothers and sisters of the intestate of the blood of the ancestor from whom the estate came, or their legal representatives, and if the estate came by deed of gift from an ancestor who may be living, the estate shall ascend to such ancestor: Fourth-if there be neither brother nor sister of the intestate of the blood of the ancestor from whom the estate came, or their legal representatives, and if the ancestor from whom the estate came be deceased, the estate shall pass to the brothers and sisters of the ancestor from whom the estate came, or their legal representatives; and for want of such brothers or sisters or their legal representatives to the brothers and sisters of the intestate of the half blood, or their legal representatives, though such brothers and sisters be not of the blood of the ancestor from whom the estate came: Fifth-if there be no brothers or sisters of the intestate, or their legal representatives, the estate shall pass to the next of kin to the intestate of the blood of the ancestor from whom the estate came. 2. That if the estate come not by descent, devise, or deed of gift, but was acquired by purchase by the intestate, it shall descend to the children of the intestate and their legal representatives. 3. That if there be no children or their legal representatives, the estate shall pass to the brothers and sisters of the intestate of the whole blood and their legal representatives. 4. That if there be no brothers or sisters of the intestate of the whole blood or their legal representatives, the estate shall pass to the brothers and sisters of the half blood and their legal representatives.† 5. That if there be no brothers and sisters of the intestate of the half blood or their legal representatives, the estate shall ascend to the father, if the father be dead, then to the mother. 6. That if the father and mother be dead, the estate shall pass to the next - of kin to and of the blood of the intestate. 7. That where any of the beforementioned children, brothers, sisters, or their legal representatives in the same degree of consanguinity or kindred, come into the partition of any real estate, they shall take per capita, that is to say by persons; but where one or more of them are dead and one or more living, the issue of those dead shall have a right to partition, and such issue, in such case, shall take per stirpes, that is to say, the share of their deceased parents. 8. That where any of the children of the intestate or their issue shall have received from the intestate in his lifetime any real estate by way of advancement, and shall choose to come into partition with the other parceners, such advancement shall be brought into hotch pot with the estate descended. 9. That in making title by descent, it shall be no bar to a party that any ancestor through whom he derives his descent from the intestate is or hath been an alien; bastards also shall be capable of inheriting or of transmitting inheritance on the part of their mother in like manner as if they had been lawfully begotten of such mother. 10. That where a man having by a woman one or more children, shall afterwards intermarry with such woman, such child or children, if recognized and acknowledged by him as his children shall be thereby legitimated; the issue also in marriages deemed null in law, shall nevertheless be legitimate. * See O. L. c. 109, 329. + If land, inherited by an infant from his father, be sold by guardian and converted into money under an order of court, and the infant dies in his minority, his half brothers and sisters are his heirs. (6 O. R. 124.) |