sup. court and com. pleas, to Court, or Courts of Common Pleas, shall be under the seal of All writs and the court, from whence the same shall issue, and shall bear process from test, and be signed by the clerk of the court issuing the same; and all writs and process shall run in the style of "The State of be under seal. Ohio, county, ss. and shall be dated of the day on which the same may issue. or reversed in Sec. 2. That final judgments in the supreme court, held Final j'dg't in any county within this State, may be re-examined and re- re-examined versed or affirmed in the court in Bank, upon a writ of error, court in Bank. which writ of error may be allowed by the said court in Bank writ of error during its session, or by any two judges of the supreme court allowed. in vacation: Provided, That such writs of error shall not be Within one brought, but within one year after the rendition of the judg. year from rendition. ment complained of. in Bank. Sec. 3. That upon the allowance of such writ of error, it Clerk to make shall be the duty of the clerk of the supreme court in the coun-out transcript. ty where the judgment sought to be reversed was rendered, on being officially advised of the allowance of such writ of error, forthwith to make out an authenticated transcript of the record, on which the plaintiff in error shall enter an assignment of the errors alleged, and a prayer for a reversal of the judgment; To transmit which transcript shall be forthwith transmitted to the clerk of transcript to the court in Bank, and the same shall by him be entered on the clerk of court docket of said court, and it shall be the further duty of the clerk of the supreme court, in the county to issue to the adverse party or his attorney, a citation signed by said clerk, which citation shall be served upon said adverse party or his attorney, at least twenty days before the setting of the court in Bank: Provided, That in cases under this act, when neither the defendant in error nor his attorney of record shall reside in the State of Ohio, it shall be the duty of the plaintiff in error, to Defendant or give notice of the allowance of such writ of error for three attorney residing out of successive weeks previous to the setting of the court in Bank, State. by publication in some newspaper published in the county in Writ of error which such original record remains, and if no newspaper is to be publishpublished in said county, then in some newspaper of most general circulation therein. ed. Sec. 4. That no writ of error allowed by virtue of this act, No writ of error allowed shall operate as a supersedeas to any execution issued on any without a final judgment of the supreme court, unless the clerk of the bond given by supreme court, before signing the citation heretofore mention- the applicant. ed, shall take a bond from the applicant to the adverse party, with one or more good and sufficient securities in double the amount of the judgment obtained, conditioned for the payment of the condemnation money and costs, in case the judgment of the said supreme court should be affirmed in whole or in part. Sec. 5. That in actions at law, which may be pending, and Actions pendhereafter tried in the supreme court within any county of this ing tried. State, either party shall have the right to except to the opinion of the court, upon any ouestion of law adjudged or deter Party may al ledge exception to judg ments. reversed. mined by said court; and when a party to a suit in the su- Judgment in Sec. 6. That when a judgment shall be reversed in the court in bank court in Bank, in whole or in part, such court may proceed either to render such judgment as the supreme court in the county should have rendered, or remand the case to the next supreme court, to be holden within such county by writ of pro cedendo, for such judgment; and the court in Bank shall noti sue execution in causes that are removed to said court by writ of error as aforesaid, on which they pronounced judgment, but shall send a special mandate to the proper court, to award execution thereupon, and in rendering judgment for cost in cases Court in bank removed to the court in Bank by writ of error, said court in to be govern'd Bank shall be governed by the provisions of the one hundred by 107 sec. of and seventh section of the act to regulate the practice of the 8th, 1831. judicial courts, passed March 8th, 1831. act of March Action at law pending. Actions on written contracts. Sec. 7. That in any action at law, sounding in contract, which may be pending in any court of common pleas of this State, when the parties to such action shall agree to waive the intervention of a jury, and to submit the case to the court, it shall be the duty of such court to try and determine the facts without calling a jury, any thing in any law to the contrary notwithstanding; and in all actions on written contracts for sums of money certain, where the plaintiff offers to submit the case to the court, and the defendant shall call a jury, such defendant shall pay all expenses incurred by calling such jury, unless by plea or notice, he set up and sustain on the trial a defence of payment, set off, release, fraud, failure or want of consideration. Sec. 8. That the first section of the "act to regulate the practice of the judicial courts," passed March 8th, 1831, "an act to amend an act to regulate the practice of the judicial courts," passed February 25th, 1833, so much of the sixth secActs repealed. tion of the "act directing the mode of proceeding in chancery," passed March 14th, 1831, together with such other acts and parts of acts, as are contrary to the provisions of this act, be, and the same are hereby repealed; this act to take effect and be in force from and after the first day of April next. WILLIAM MEDILL, Speaker of the House of Representatives. March 14, 1837. Speaker of the Senate. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That all leases of school lands made by the trustees of the original surveyed townships within this State, anterior to the 1st day of June, in the year one thousand eight hundred and thirty-one, although not acknowledged before any officer authorized to take the acknowledgment of deeds for conveying lands, shall nevertheless, between the lessors and lessees, be held valid to the same extent and for the same purposes that they would have been, had they been so acknowledged: Provided, That all suits commenced before the taking effect of this act, shall be prosecuted in the same manner as if this act had never passed. WILLIAM MEDILL; Speaker of the House of Representatives. Speaker of the Senate. March 14, 1837. AN ACT Providing for the protection of property on and in the vicinity of the Canals. timber. Sec. 1. Be it enacted by the General Assembly of the State Boatman or Ohio, That if any boatman, or person employed on board of persons emany canal boat or other craft, on any canal in this State, shall ployed on any boat taking take, without right, any timber, rails, boards, planks, staves, or any other property from the banks or vicinity of any canal; or shall wantonly injure or destroy any property thereon or in the the vicinity thereof, with the knowledge of the master, owner, boatman, navigator or other person having charge of such boat or craft, the master, owner, boatman, navigator, or other person having charge of such boat, shall forfeit to the owner, treble the value of the property taken, injured or destroyed; and the pos- To forfeit and session of such property, if taken on board of the boat or craft, pay for such shall be presumptive evidence of such taking and knowledge; property. and when the property is destroyed or injured, proof thereof shall be made as in other cases; and the person or boatman taking, injuring, or destroying such property, shall also forfeit and pay for any such offence, any sum not less than one, nor more than fifty dollars, to be sued for and recovered in an action of debt, Suit in action in the name of the State of Ohio, before any justice of the of debt in the peace in this State, and the forfeiture, when collected, shall be, name of the by such justice, paid into the treasury of the township in State of Ohio. Recoverable debt. which suit is commenced, for the use of common schools in such township. Sec. 2. That the forfeiture to the owner of the property, in action of prescribed in the first section of this act, against the master, owner, boatman, navigator, or other person having charge of such boat or craft, is declared to be recoverable, in an action of debt instituted in the name of the owner of such property, before any justice of the peace of this State, against the owner, master, boatman, navigator, or other person having charge of such boat or craft, when incurred; and shall be chargeable on such boat or craft, the furniture thereof, or the horses drawing the same, and any constable of this State is authorized to execute the process to him directed in such case, in any county of the State. Furniture and horses liable. Justice of Sec. 3. That when any suit shall be prosecuted, for any peace to direct such penalty or forfeiture, the justice of the peace issuing the officer to take process, by a clause to be inserted therein, may direct the offisecurity. cer executing the same, to detain such boat or craft, and the furniture, and horses drawing the same, until the suit shall be determined, or until adequate security shall be given for the payment of any judgment that may be recovered: Provided, That in all such cases the person instituting suit, shall make Persons insti- oath or affirmation before such justice to the facts upon which tuting suit to such suit is founded, which oath or affirmation shall be reduced to writing, signed and filed with the justice. make oath. How furniture, horses, &c. to be released. Officers and witnesses entitled to fees. Sec. 4. That if such security shall be given by recognizance in writing, as shall be deemed sufficient in amount and solvency, by such justice of the peace, or if the defendant, on the trial shall prevail, the justice shall order the boat or craft, furniture, and horses to be released; but if no such security be given, and a judgment shall be recovered for such penalty or forfeiture, and the same, together with all costs, shall not immediately be paid, an execution shall be issued, under which the property so retained, may be sold in like manner, as if the judgment had been obtained against the owner thereof: Provi ded, That the officers and witnesses shall be entitled to the same fees as are allowed in other cases, and the case shall be tried or continued, as is provided in cases of a capias: And provided also, That when the condition of any bond or recognizance, which may be entered into, under the provisions of this act, shall be broken, the same shall be proceeded on as is now provided by law, in other cases. WILLIAM MEDILL, Speaker of the House of Representatives. March 16, 1837. Speaker of the Senate. AN ACT To amend the act creating the office of County Surveyor, and defining his duties, passed March 3d, 1831. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That county surveyors shall hereafter be allowed the following fees, to wit: For each survey when the length of the lines run do not exceed one mile-one dollar and fifty cents. For any distance in addition to the first mile, at the rate of seventy-five cents per mile. For making out an original plat, with or without a connection with other surveys, when the lines do not exceed fourfifty cents. For each line in addition-five cents. For each hundred words, or figures, contained therein-ten cents. For calculating the contents of a tract of land, when the lines do not exceed four-fifty cents. For each additional line-ten cents. For recording or making a certified copy of any plat or calculation, half the fees allowed for making the original. For each mile he may travel in going to and returning from the tract of land, by the usual rout of travel-six and one fourth cents: Provided, That all expenses of chain carriers, markers and other incidental expenses shall be paid by the person at whose request the survey is made. Sec. 2. That the twenty-first section of the act creating Act repealed the office of county surveyor and defining his duties, be, and the same is hereby repealed. WILLIAM MEDILL, Speaker of the House of Representatives. March 16th, 1837. Speaker of the Semate. AN ACT Prescribing the duties of Supervisors, and relating to Roads and Highways. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That all male persons between twenty-one and sixty Male person years of age, who have resided three months in this State, and over 21 years who are not a township charge, shall be liable, yearly and ev- to perform 2 days work on ery year, to do and perform two days' work on the public roads. roads, under the direction of the supervisor, within whose district they may respectively reside. Sec. 2. That it shall be the duty of every supervisor to 9-G. L. |