When own er proves property When ap Sec. 8. Be it further enacted, That the owner of such boat or craft, on proving his right thereto, within the time hereinafter limit. ed, and paying to the taker up for each perogue, flat or keel boat, the sum of two dollars; for each Kentucky or Orleans boat, the sum of five dollars, and for each skiff or canoe, the sum of seventy five cents, together with the fees allowed by this act, shall be entitled to demand and receive such boat or craft taken up as aforesaid. Sec. 9. BE it further enacted, That if the praisement appraised value of such boat or craft does not does not ex exceed ten dollars, and no person shall appear ceed 10 dolls within two months after the taking up thereof, and prove his right thereto, the right of such When over boat or craft shall be vested in the person taking up the same; but if the value shall exceed ten ten dollars dollars, and the owner does not appear and prove his right thereto within two months, then the taker up shall deliver the same to any constable of the township and take his receipt therefor, and the constable shall proceed to advertise, sell and pay over the money arising therefrom, in the same manner as is directed in the case of estray animals by the fifth section of this act; and the owner of such boat or craft sold as aforesaid, shall be entitled to receive the amount thereof out of the township treasury, in the same manner as is provided by the said section in the case of estray animals. Neglect how punished Sec. 10. BE it further enacted, That if any person shall neglect to perform the duties re quired by this act, or shall do any thing contrary thereto, such person shall forfeit and pay a sum not exceeding one hundred dollars, nor less than one dollar, to be recovered by action of debt before any court having cognizance thereof. It is hereby made the duty of each township treasurer to sue for, collect and pay over all monies arising by virtue of any forfeiture incurred by this act, for the use of the township, and shall moreover be liable to the action of the party injured. monies Proviso Sec. 11. BE it further enacted, That the se- Township veral township treasurers shall pay over all mo- treasurer to nies in their hands belonging to the treasury, pay over and also deliver all books, and all bonds deposited in their hands, to their successors in office: Provided, That in all cases where estrays have been heretofore sold in any of the townships, and the money paid into the township treasury, such money shall be forfeited for the use of the township, in case the same has been paid into the treasury, two years previous to the taking effect of this act; and the several treasurers are hereby directed to pay all such monies on the orders of the trustees of their proper townships, any law to the contrary notwithstanding. clause Sec. 12. And be it further enacted, That the act, entitled An act defining the duties of per. Repealing sons taking up estray animals, and securing to the owners, boats and other water crafts found going adrift,' passed the nineteenth day of February, Anno Domini, one thousand eight hundred and five, and the act, entitled 'An act to amend an act, entitled An act defining the duties of persons taking up estray animals and securing to the owners, boats and other water crafts found going adrift,' passed January the twenty-fourth, Anno Domini, one thousand eight hundred and seven, be, and the same are hereby repealed. 3 Commence ment This act shall take effect and be in force from and after the first day of June next. EDWARD TIFFIN, Speaker of the house of representatives, DUNCAN M'ARTHUR, January 22nd, 1810. Speaker of the senate. Times limit actions CHAPTER XCIII. An act for the Hmitation of actions. Sec. 1. Be it enacted by the general assembly ed for bring of the state of Ohio, That all actions hereinafter ing certain mentioned, shall be sued or brought within the time hereinafter limited; all actions of trespass for assault, menace, battery and wounding; actions of slander for words spoken or libel, and for false imprisonment, within one year next after the cause of such actions or suits; and all actions upon book accounts, or for forcible entry and detainer or forcible detainer, within four years after the cause of such action or suits; and all actions of trespass upon real property, trespass, detinue, trover and conversion, and replevin; all actions upon the case, and of debt for rent, shall be sued or brought within six years next after the cause of such aetions or suits, and all actions of covenant or debt founded upon a speciality under hand and seal, shall be sued or brought within fifteen years next after the cause of such actions or suits: Provided, That no part of the principal or interest be paid, or demand be made within that time. Recovery by ejectment Sec. 2. BE it further enacted, That no person or persons shall hereafter sue, have or main tain any writ of ejectment, or other action for the. recovery of the possession, title or claim of, to or for any land, tenements or cther hereditaments, but within twenty one years next after the right of such action or suits shall have accrued: Provided, That if any person or persons who are, or shall be entitled to have, sue or bring any suits, action or actions as aforesaid, shall be within the age of twenty-one years, insane, feme coverts, imprisoned or beyond sea, at the time when any suits, action or actions may, or shail have accrued, then every such person or persons shall have a right to have, sue, or bring any action or actions aforesaid, within the time hereby before limited in this act, after such disability shall have been removed: Provided moreover, That when any person or persons against whom there is cause of action, shall have left the state, and remain out of the same at the time that such cause of action shall have accrued, or shall have left the state or country, and remain out of the same in a place or places unknown to the person or persons, in whose name such cause of action may exist, at any time during such time as is limited in the foregoing section of this act, the person or persons who shall or may have such cause of action, shall have li. berty to bring his, her or their action or actions against such person or persons, within such time as is limited as aforesaid, after his, her or their return to the state or country. Proviso reversed Sec. 3. Be it further enacted, That if in any Judgments action or suit, commenced within the time arrested or limited by this act, judgment be arrested or reversed, and the time limited as aforesaid expires, the plaintiff may bring a new action: Provided, he do it within one year after such judgment has been arrested or reversed. Prosecutions Sec. 4. Be it further enacted, That all ac for forfeit tions or prosecutions, which at any time hereures on penal after shall be commenced for any forfeiture upon statutes Proviso any penal statute made or to be made, shall be commenced within two years next after the offence committed against such penal statute: Provided always, That when any action, information, indictment or other suit, is or shall be limited by any statute to be had, sued, commenced or exhibited within a shorter time than is hereby limited, than, in every such case, the action, information, indictment or other suit shall be brought within the time limited by such statute. Sec. 5. Be it further enacted, That all Causes of ac tions already causes of action enumerated in this act which accrued before the passage of an act, entitled when barred An act for the limitation of actions,' passed occurred Repealing clause Commence ment the fourth day of January, in the year of our Lord one thousand eight hundred and four, shall only be barred by the provisions thereof, as well as those causes of action which have accrued since the passage of the act aforesaid, and before the passage of this law. Sec. 6. And be it further enacted, That the act, entitled An act for the limitation of actions,' passed on the fourth day of January, eighteen hundred and four, and the act, entitled An act to amend an act, entitled An act for the limitation of actions,' be, and the same are hereby repealed. This act to take effect from and after the first day of June next. EDWARD TIFFIN, Speaker of the house of representatives. DUNCAN M'ARTHUR, January 25th, 1810. Speaker of the senate. |