CHAPTER XLVIII. An act to prevent destroying publications. Sec. 1. BE it enacted by the general assem bly of the state of Ohio, That if any person shall intentionally deface, obliterate, tear down or destroy in part or in whole, any copy or transcript of or extract from any law or act of the United States or of this state, or any proclamation, publication, advertisement or notification whatsoever, set up in any public place within this state, for the public information of any citi zen, by the authority of any law or act of the United States or this state, such person shall, on conviction thereof, before any court having jurisdiction of the same, be fined in any sum not exceeding ten dollars, and may be committed to jail for a time not exceeding twenty-four hours, at the discretion of the court. Penalt clause Sec. 2. And be it further enacted, That all Repealing laws and parts of laws, on the subject of tearing or defacing publications, set up by authority, heretofore in force in this state, are hereby repealed. This act shall take effect and be in force from and after the first day of June next. MICHAEL BALDWIN, Speaker of the house of representatives. JOSEPH KERR, Commence ment Speaker pro tem. of the senate. January 11th, 1805. CHAPTER XLIX. An act to prevent firing woods and prairies. Sec. 1. Be it enacted by the general assembly Penalty for of the state of Ohio, That if any person shall firing woods wilfully or negligently set on fire, or cause to and prairies be set on fire, any woods, prairies or other clause grounds within this state, the property of any other person, or shall intentionally permit the fire to pass from his own woods, prairies or grounds, to the injury of the property of any other person, the person so offending shall, on conviction thereof, for every such offence, be fined in a sum not exceeding fifty dollars, at the discretion of the court having cognizance of the same, to be recovered by indictment, to be paid into the treasury of the county where the offence was committed, for the use of the county, and stand committed until the sentence of the court is complied with, and moreover shall be liable to the action of the party injured, for damages. Sec. 2. And be it further enacted, That the Repealing act, entitled, An act regulating the firing of woods, prairies and other lands,' passed December sixth, one thousand seven hundred and ▾ ninety-nine, and all other laws and parts of laws heretofore passed on this subject are hereby repealed. Commence ment This act shall commence and be in force from and after the first day of June next. JOHN SLOANE, Speaker pro tem. of the house of representatives. DANIEL SYMMES, Speaker of the senate. 11th day of February, A. D. 1805. CHAPTER L. An act to provide for the recording of town plats. Sec. 1. Be it enacted by the general assembly Proprietors of the state of Ohio, That whenever any town of towns to shall hereafter be laid out within this state, the record plate proprietor or proprietors of such town, shall cause a true and accurate map or plat thereof to be recorded in the recorder's office of the county where the same lies, before any lot or lots therein be offered for sale; and if any person or persons shall sell, or offer for sale, any lot or lots within such town, before the plat thereof be recorded as aforesaid, such person or persons shall forfeit and pay the sum of ten dollars for every lot so sold. Sec. 2. Be it further enacted, That such Substance of maps or plats as are required by this act to be plats to be ac recorded, shall particularly set forth and describe knowledged all the public ground within such town, by its and certified boundaries, courses and extent, and whether it be intended for streets, alleys, commons or other public uses, and all the lots intended for sale by progressive numbers, and their precise length and width, and the map so made and acknow. ledged, before a justice of the peace or associate judge of the court of common pleas of the proper county where the town lies, or before a judge of the supreme court, and certified under the hand and seal of the judge or justice taking such acknowledgment, and recorded, shall be deemed a sufficient conveyance to vest the fee of such parcels of land as are therein expressed, named er intended to be for public uses in the county in which such town lies; in trust to and for the uses and purposes therein named, ex ed which do pressed or intended, and for no other use or purpose whatever. Penalty for Sec. 3. Be it further enacted, That if any causing plats proprietor or proprietors, their agent or attorney, to be record shall cause any map of a town to be recorded as not set forth aforesaid, which does not set forth and describe in manner aforesaid, all and every parcel of ground which has been, or shall be promised or set apart by the original articles of sale, for public uses, and other lots, such person or persons shall forfeit and pay double the value of the ground so promised, and not set forth on the map, three-fourth parts thereof to the use of the county wherein such town lies, for the express purpose of purchasing ground within, and for the use of such town, in lieu of that which was so promised, and the other fourth part to the use of the person prosecuting. Disposition Sec. 4. Be it further enacted, That the seveof forfeitures ral forfeitures arising under this act, may be re covered in an action of debt qui tam, before any court having cognizance of the same, and in any action to be brought for any penalty incurred under this act, where judgment shall be given for the plaintiff, the court shall also award to him his legal costs of suit; and if, in any case, the body of a proprietor cannot be found, the property of such proprietor shall be liable to be attached as for any other demand; and where any forfeittires are not by this act otherwise appropriated, three-fourth parts thereof shall be applied to and for the use of the county in which they accrue, and the other fourth part to the use of the person prosecuting for the same. Repealing clause Sec. 5. And be it further enacted, That an act, entitled 'An act to provide for the recordė ing of town-plats,' passed the sixth of Decem ber, eighteen hundred, be and the same is here by repealed. This act shall take effect and be in force from Commence and after the first day of June next. MICHAEL BALDWIN, Speaker of the house of representatives, DANIEL SYMMES, Speaker of the senate. 14th February, A. D. 1805. CHAPTER LI. An act defining seals to be affixed to instruments of writing. ment Sec. 1. Be it enacted by the general assem- Seals to be bly of the state of Ohio, That to all deeds, bonds, affixed to wills, powers of attorney for the conveyance of deeds, &ct real estate, which shall hereafter be executed within this state, there shall be affixed a seal, either of wax, wafer or ink, otherwise called a scrawl; and all other instruments of writing which may hereafter be executed, to which by law a seal is, or may be made necessary, each of the before mentioned methods of sealing shall have equal effects in law: Provided, That nothing in this section shall be construed in any wise to affect any law requiring any specific seal to be affixed to any instrument of writing therein mentioned. Provise Sec. 2. And be it further enacted, That the Repealing act, entitled 'An act defining seals affixed to clause certain instruments of writing,' be, and the same is hereby repealed. G G |