ACTS OF THE NINTH GENERAL ASSEMBLY OF THE STATE OF OHIO: Passed at the first session, which was held at Zanesville, and commenced December 3, 1810. tatives. CHAP. CCXLV.-An act supplementary to the act levying a tax on land.* District collector to make Repealed, O. 1. Be it enacted, &c. That the district collectors for the time being, L. c. 385, $46. shall make deeds to the purchaser or purchasers, his or their heirs or assigns, See also 281, for all lands heretofore sold for taxes within their respective districts which 282, 317, 349. have not been conveyed, in the same manner, and under the like restrictions, as the collector who made the sale might have done under the law authorizing deeds for land such sale; and for every such deed or conveyance he shall be entitled to re- heretofore sold ceive seventy-five cents: Provided, That all deeds and conveyances of land for taxes; his made by the district collectors, from and after the nineteenth day of February compensation; last, for land sold for the nonpayment of taxes previous to the passage of this act, proviso as to be, and they hereby are made and declared as good and valid in law, to all in- deeds for lands tents and purposes, in the same manner as if the act entitled an act levying sold since the a state tax,'t passed the twenty-seventh day of January, A. D. one thousand passage of O. eight hundred and six, had not been repealed. L. c. 244. 2. That in making out the apportionment of tax which would, under the Duty of auditor act to which this is a supplement, be payable to the different county treasur- in making out ers for the use of such counties, the auditor is hereby authorized and required apportionment to deduct from the amount thereof all such sum or sums which from an exam- of tax due the ination of the books in his office shall be found due to the state treasury from several counany county or counties, on account of taxes heretofore charged on land with- ties, to direct due in such counties, and direct the several district collectors to whom the taxes any sum from any councollected from resident proprietors within such delinquent counties are paya- ty to the state, ble, under the tenth and fiftieth sections of the act levying a tax on land, to be paid over to pay over to the state treasurer for the use of the state, the full amount of all by district colsuch dues as may be certified to him by the auditor out of that proportion of lector. tax in his hands which would otherwise be payable to such county or counties, on account of collections made for the year one thousand eight hundred and ten, and if the proportion arising from the taxes of that year is found to be insufficient to pay up the full amount which appears to be due, the auditor shall direct the residue thereof to be paid out of the next or any future year's apportionment, until the whole be paid. 3. That each district collector is hereby bound to pay over to the state Duty of district treasurer, under the directions of the auditor, the full amount of all such sums collector to pay as may be in his hands, under the requisitions of the preceding section of this over to the state act, at the same time, in the same manner, and under the same penalties, as he stands bound to pay over other moneys by him collected for the use of the eys due from VOL II. See O. L. c. 214. + Sec O. L. c. 131. Sec O. L. c. 244. 2 treasurer mon counties under state, and the state treasurer's receipt, produced to the auditor on settlement, the direction shall be a sufficient discharge for the amount therein specified. of auditor. 4. That the several district collectors shall retain two per cent. out of District collec- all taxes paid over to them after the first day of February, one thousand eight tor's compen- hundred and eleven, by the collectors of resident taxes, under the tenth section of the act to which this is a supplement, and no more, any law to the contrary notwithstanding. This act shall take effect and be in force from and after the passage thereof. [Passed, January 1, 1811.] sation. When to take effect. See O. L. c. 311, 330. oath. CHAP. CCXLVI.-An act for the preservation of the original field notes of Symmes' purchase. J. C. Symmes 1. Be it enacted, &c. That John Cleves Symmes, csq. or his heirs, exor heirs, &c. to ecutors, or administrators, be requested to deliver on oath all and singular the deliver certain original field notes and papers of the Miami purchase, so called, now in his field notes on possession or within his contract, to the persons hereinafter named. 2. That the recorders of the counties of Hamilton, Butler, and Warren, Which shall be are hereby authorized and required, on condition that the said John Cleves tain counties; Symmes, his heirs, executors, or administrators will consent to the same, to certified copies record the said field notes and papers in his possession, concerning the suradmitted as ev- veys of the purchase aforesaid, in each of the records of said county, which idence in cer- record or a duly certified copy thereof, shall be admitted as evidence in any court in this state, in all cases where the original field notes aforesaid would be legal evidence. recorded in cer tain cases. County commissioners to compare the record with the original; the original to be returned; recorder how compensated. 3. That after the field notes aforesaid shall be recorded, the commissioners of each of the counties aforesaid are required to diligently compare said record with the original field notes and correct the same, if necessary; after which the originals shall be returned to the said John Cleves Symmes, his heirs, executors or administrators, and the recorders aforesaid for the service required of them by this act shall receive such compensation as the commissioners of the said counties shall think just and reasonable. This act to take effect and be in force from and after the passage thereof. [Passed, January 1, 1811.] [In force.] CHAP. CCXLVII.-An act providing for the relief and support of women who may be abandoned by their husbands, and for other purposes. Preamble. Persons forsak Whereas, it is represented to the general assembly, that a sect of people in this state, called and known by the name of Shakers, inculcate and enjoin upon all who become attached to them, that they must lead a life of celibacy, in consequence of which, women have been abandoned by their husbands, robbed of their children, and left destitute of the means of support: therefore, 1. Be it enacted, &c. That if any man being joined in the marriage reing their wives lation, shall renounce the marriage covenant, or refuse to live with his wife to join any re- in the conjugal relation, by joining himself to any sect, whose rules and docligious society, trines require a renunciation of the marriage covenant, or forbid a man and the wife may file her petiwoman to dwell and cohabit together in the conjugal relation, according to the tion; proceed- true intent and meaning of the institution of marriage, it shall and may be ings thereon; lawful for the wife in such case, to file her petition in the office of the clerk of notice how to the court of common pleas, or of the supreme court, at least two months before be given. the time of the sitting of said court, and shall also serve the adverse party with a copy of said petition, within one month from the time of filing the same, which petition shall state the true cause of complaint. And in case he shall not reside in her county, she shall publish such notice in some newspaper published in said county, or in the next adjacent county in which a newspaper is published. Duty of clerk 2. That it shall be the duty of the clerk of such court where the petition to issue sum- is filed, to issue a summons requiring the person complained of to appear bemons; proceed-fore the said court to answer the allegation of said petition; and if the party ings thereon. complained of shall not appear, or appearing, shall deny the facts stated in the petition, the court shall proceed to hear and determine the same. un. Further pro3. That if it shall appear to the said court, that the woman complaining ceedings there has been lawfully married to the man of whom complaint is made, and that he hath renounced or violated the marriage covenant by joining such sect as above described, the court shall take such measures as to them shall seem right, to ascertain the amount of the property, real and personal, of such hus band, and shall decree such part thereof to the woman as shall appear just and equitable. under the direc 4. That if the said husband and wife shall have a child or children, (yet Children being being in a state of minority) the husband so violating the marriage covenant, in their minorishall be considered as having renounced and divested himself of all the author- ty, how supity he could have otherwise exercised over his children, and the court shall ported; to be decree such part (or the whole) of the remainder of his property, real and per- tion of the mosonal, as to them shall seem right, to the use and support of the child or chil- ther; proviso, dren aforesaid; and such child or children shall be, and remain under the in relation to care and direction of the mother: Provided, that the court shall have power if guardians; they shall deem it necessary, to appoint a guardian or guardians for such child court may dior children, agreeably to the provisions of the thirty-fourth and thirty-fifth rect children sections of the act entitled 'an act for the proving and recording wills and to be bound apcodicils, defining the duties of executors and administrators, the appointment prentices. of guardians, and the distribution of insolvent estates," passed February tenth, one thousand eight hundred and ten: And provided, also, that if the court shall deem it necessary, they may direct such child or children to be bound to apprenticeship, agreeably to the sixth section of the act, entitled 'an act for the relief of the poor,'t passed February nineteenth, one thousand eight hundred and ten. 5. That all gifts, grants, or devises of money or property, real or person- Grants, &c. al, which may be made by any man as aforesaid, violating the marriage cove- made by the fanant, to such sect as before described, or any members of such sect, which may ther, to be void. tend to deprive his wife or children of that support to which they are entitled, according to the true intent and meaning of this act, shall be utterly void; and all money or property so given, granted or devised, may be recovered at the suit of the party injured. violate their domestic obligations, how punished; fines to 6. That if any person shall, with an intent of causing any married man Persons entior woman to renounce the marriage covenant, or abandon their wives, hus- cing others to bands, or children, entice or persuade such person to join any sect or denomination of persons whatever, whose principles and practice inculcate a renunciation of the matrimonial contract, or the abandonment of wives and children, or either of them, contrary to the true intent and meaning of the marriage in- be paid into stitution, shall, on conviction thereof, be fined in any sum not exceeding five county treasuhundred dollars, at the discretion of the court having by law jurisdiction; and ry. that all fines incurred under this section shall be paid into the treasury Proviso. of the proper county for the use of the same: Provided, that nothing in this section contained shall be construed or understood to extend to any person for delivering any public sermon, exhortation or address. This act shall take ef- When to take fect and be in force from the passage thereof. [Passed, January 11, 1811. ] CHAP. CCXLVIII.—An act authorizing the secretary, treasurer and auditor of state to contract with printers in certain cases.‡ effect. Repealed, O. each session; ¡ 1. Be it enacted, &c. That the secretary, treasurer and auditor of state, or a majority of them, are hereby directed to make and close, on behalf of the state of Ohio, a contract or contracts with one or more printer or printers, in previous to this state, sixty days previous to every succeeding session of the general as- bond and secusembly thereof, upon the most advantageous terms, and in the shortest period rity to be taken that can be procured, for all the public printing that may be required for that from printers, session, taking from the said printer or printers such sufficient security as the and one-third said officers, or any two of them, shall approve, for the faithful performance of of the price resaid contract on the part of said printer or printers, or by entering into an ar- served as secuticle or articles with said printer or printers, setting forth explicitly the man- rity, to be forner in which the public printing shall be executed, and reserving as a security feited for nonfor the true performance thereof, one-third part of the money required to be paid to said printer or printers as a compensation for his or their services, in such article or articles specified, until the whole of the printing shall be performed, which sum so reserved shall be forfeited to the state in case of noncompliance on the part of the printer or printers with the terms of his or their contract or contracts. compliance. 2. That the said secretary, treasurer, and auditor of state, shall, previ- Two months ous to entering into any contract for printing, give two months' public notice notice to be giv See O. L. c. 227, + See O. L. c. 234. See O. L. c. 199. eu. |