Be it enacted, &c. That every person having a family shall be allowed to hold twelve sheep, with the wool thereof; and any quantity of cloth, less than seventy-five yards, manufactured by such family, of which at least one half of the raw materials shall be of wool or the yarn of which such cloth may be manufacturing, exempt from attachments, distresses, executions, or sale for any debt or claim whatever, any thing in the above recited act to the contrary notwithstanding. This act to take effect and be in force from and after the first Monday of June next. [Passed, February 6, 1812.]

See also, O. L. c. 320,348,376.

CHAP. CCXLVII.-An act in addition to the act, entitled an act to incorporate the original Repealed, O. surveyed townships.'* L. c. 638, 894, Be it enacted, &c. That from and after the first day of June next, no § 15. holder, possessor or proprietor of any part of section number twenty-nine, in the first entire township, in the second fractional range of townships, in the Miami purchase, holding or possessing the same, by virtue of any lease from the trustees of said township, appointed by virtue of the said recited act, shall be compelled at any time during the continuance of the term for which the same may have been leased as aforesaid, to pay any greater or other sum for rent, than such as may have been established by said trustees at the time of leasing the same; nor shall said land, at any time hereafter, during the continuance of the term or terms for which the same or any part thereof may have been or hereafter may be leased as aforesaid, be subject to any other or further appraisal or revaluation, than such as may be or may have been established and made at the time or times when said leases may severally have been given and accepted, any provision in the aforesaid act to the contrary notwithstanding. [Passed, February 6, 1812.]

CHAP. CCXLVIII.-An act to incorporate a medical society.t

See O. L. c.

Whereas well regulated medical societies have been found useful in pro- 289, 416, and moting the health and happiness of society by more generally diffusing the acts referred to. knowledge of the healing art, and thereby alleviating the distresses of man

kind-Therefore,

1. Be it enacted, &c. That there be a medical society formed within Medical societhis state, to consist of the following persons, viz: Richard Allison, doctor ety created; Allen, of Trumbull county; John Ball, doctor Bane, of Champaign county; names of inemWalter Buel, Matthew Buel, Shadrick Bostwick, Timothy Burr, John J. bers. Brice, John Boyd, Alexander Campbell, Thomas Campbell, Joseph Canby, Joseph Coleman, Isaac Plowden, doctor Casset, of Trumbull county; Joseph Clarke, doctor Cressy and doctor Crainmore, of Cincinnati; Jesse Chandler, Daniel Drake, Andrew Davidson, James Davidson, Daniel Duboise, Charles Dutton, Joseph DeWolf, jun. doctor Duel, of Franklin county; Abraham Edwards, Charles Este, John Edminson, Joseph Evans, Henry H. Evans, John Fulk, of Green county; John Hole, William L. Henderson, Richard Hewett, Samuel P. Hildreth, John Hamm, James Hughes, William Hamilton, Orestes B. Hawley, doctor H. Hill, of Franklin county, John B. Harmon, Thomas Hartford, doctor Herrin, of Champaign county; doctor James, of Jefferson county; George J. Jackson, Leonard Jewett, Joseph D. Keith, squire Little, Reuben Lamb, Enoch Leavitt, James Lanier, doctor Lee, of Coshocton county; doctor Merwin, of Stark county; doctor Manning, of Trumbull county; David Morris, Daniel Millikin, Samuel Monett, Robert Mitchell, Robert Moore, Increase Matthews, John M'Dowel, John H. Matthews, Jacob Offiner, Horace Potter, Samuel H. Parsons, doctor Parker, of Jefferson county; Samuel W. Pierson, Eliphaz Perkins, Ira Piere, doctor Rappee, of Stark county; doctor Ramsey, of Cincinnati; Levi Rodgers, J. B. Regnier, doctor Slemmons, of Jefferson county; Luther Spellman, doctor Smith, of Clermont county; Joseph Scott, Jonas Safford, Joseph Springer, John W. Seeley, William A. Smith, John Sellman, Edward Tiffin, Daniel Turney, John Thompson, Moses Thompson, Ezra Torrence, Thomas Vincins, James Welch, George Wilson, Amos Wright, Thomas Waller, James Wilson, Jeremiah Wilcox, doctor Zimmerman, of Green county; David Gloss, doctor Long, of Columbiana county; Silas Allen, doctor Smith, of Fairfield county; doctor Palmer, of Geauga county; doctor Sacket, of Butler county; J. F. Moore, Abel Slayback, doctor Kazad, of Warren county; David Long, Bennet Johnston, Rufus Beldin, John + See O. L. c. 249.

* See O. L. c. 231.

Other persons may be admit

ted as members; the name

and style of the

society.

The state di

vided into seven medical districts; counties composing the first district; the second district.

Third district.

Mitchel, Amasa Delano, Samuel M'Adow, David Pardy, Alexander Gasten, Jabez True, Robert Huit, William M'Dowell, William B. Gould, Stephen Cissna, James Grant, Zachariah Grant, doctor Hand, of Highland county; John Mitcheltree, doctor Lee, of Guernsey county; doctor Judkins, of Barnesville, and every other physician or surgeon who shall produce his diploma or credentials, or any who may be hereafter approved of and admitted from time to time, as is hereinafter provided; which society, when organized as is hereinafter directed, shall be known and called by the name of the President and Fellows of the Medical Society of the state of Ohio.

2. That this state be, and it hereby is divided into seven medical districts, as follows, viz : the first district shall consist of the counties of Hanilton, Clermont, Warren, Butler and Clinton, and any future subdivisions thereof. The second district shall consist of the counties of Highland, Adams, Fayette, Scioto, Ross, Pickaway, Franklin, Madison and Fairfield, and any future subdivisions thereof. The third district shall consist of the counties of Gallia, Athens and Washington, and all future subdivisions thereof. The fourth district shall consist of the counties of Muskingum, Tuscarawas, Fourth district. Licking, Knox, Richland, Wayne, Coshocton, Guernsey and Delaware, and all future subdivisions thereof. The fifth district shall consist of the counties Fifth district. of Belmont, Jefferson, Columbiana. and Stark, and all future subdivisions Sixth district. thereof. The sixth district shall consist of the counties of Trumbull, Ashtabula, Geauga, Portage, Cuyahoga and Huron, and any future subdivisions thereof; and the seventh district shall consist of the counties of Montgomery, Preble, Miami, Dark, Green and Champaign, and any future subdivisions thereof.

Seventh district,

The first meeting in the several districts on

the first Monday of June next; where

held; a major

ity to appoint

the time and

place of the future meetings. Meetings to judge of the qualifications of members,

ficers.

To choose members of a convention of said society ; the first con

vention to meet in Chillicothe on first Mon

ber next; to choose officers to continue in

3. That the members of the Medical society aforesaid shall meet within their respective districts on the first Monday in June next, at the following places, viz: In the first district, at the town of Cincinnati; in the second district, at the town of Chillicothe; in the third district, at the town of Athens; in the fourth district, at the town of Zanesville ; in the fifth district, at the town of Steubenville; in the sixth district, at the town of Warren; in the seventh district, at the town of Dayton; and at such other times and places as a majority of the members of each district meeting shall from time to time appoint for the purpose of transacting business relative to the said medical society.

; 4. That each district meeting, formed and convened as aforesaid, shall have authority, by their major vote, to determine the qualifications and admission of their members, and to appoint a chairman, secretary and treasurer.

45. That each meeting is hereby authorized and directed to choose by and appoint of ballot, from among themselves, not less than two nor more than three persons for each district to compose a convention of said society, which members so to be chosen for said first convention, shall meet in the town of Chillicothe on the first Monday in November next, and for the future annual conventions, at such time and place as a majority of them shall appoint; and being so met, they are hereby authorized to choose by ballot, a president, vice president, treasurer, secretary, and such other officers as they may think proper, who shall hold their offices for the term of one year and until their successors be chosen, or their offices vacated by the said convention; which convention day of Novem- thus formed, shall have full power to make by-laws to promote the ends of said society: Provided, they be not repugnant to the laws of this state and the laws of the United States, and that no such by-laws shall go to the establishment of any prices in the practice of physicians or surgeons, and that no physician shall in anywise be bound by any by-laws going to that effect; and make by-laws; they may, by a majority of their votes, expel members from said society for proviso, as to misdemeanors relative thereunto or for incapacity as a physician or surgeon ; repugnancy to appoint examining committees, in the respective districts, whose duty it and establish- shall be to examine such candidates as may offer themselves for that purpose, ing the price of with a view to practise within this state, and to license such of them as shall practice; may expel members be found qualified for the practice of physic or surgery, and to receive them for misdemean- on their desire as members of said society, in their respective districts; to ors; to appoint confer honorary degrees on such of the faculty as they may from time to time examining find of distinguished merit; to purchase and hold to and for the benefit of committees; said society, property, both real and personal, to any amount, not exceeding twelve thousand dollars, and to manage, improve, and convey the same, for the common good and interest of said society; and may have a common seal, and the same alter and renew at their pleasure; and the said society in their cor

office one year; authorized to

power and duty of such com

mittees; the society author

porate capacity may sue and be sued as other societies and bodies corporate ized to hold may by law, as relative to the contracts, rights, and interests of said society, and convey Ten members of the convention aforesaid to be present to form a quorum to property, not transact the business of said society. exceeding

have a common

6. That it shall be the duty of the several members of the medical soci- $12,000; may ety aforesaid, according to their abilities, to communicate useful information seal; sue and to each other in their respective district meetings; and said district meetings be sued; ten shall from time to time transmit to the convention aforesaid, such curious members may cases and observations as may come to their knowledge; and it shall be the form a quorum. duty of the said convention, to cause to be published such extraordinary cases, Business and and such observations on the state of the air, and on epidemical and other duty of memdisorders as they may think proper, for the benefit of the society and citizens bers in commuin general; and the said district meetings and the convention aforesaid shall nicating useful have power to adjourn from time to time, as they may think necessary, to pro- &c. mote the design of their institution.

information,

7. That the president of the medical society, or in his absence the vice- The president president, shall upon any emergent or special occasion, call a convention of or vice presithe fellows of said society, upon giving thirty days notice thereof in two of dent may call the newspapers published within this state, at such time and place as he shall special meetings. judge proper.

the annual

8. That the convention of said medical society, at their annual meetings, The convenshall have power and authority to levy a tax on all the members of said society, tion authorized not exceeding two dollars each, annually, which tax shall be collected by the to lay a tax on secretaries in their respective districts, and be deposited in the hands of their the members at respective treasurers, whose duty it shall be to transmit the same, annually, meetings; how to the treasurer of the convention aforesaid, for the purpose and benefit of the and in what institution; and in case of neglect or refusal of any member of said medical manner collectsociety to pay the same, the clerk of the district where such neglect or refusal ed; proceedshall happen, shall have power, and he is hereby authorized to institute a ings in case of suit for the recovery of the saine, before any justice of the peace having ju- neglect or refurisdiction thereof, in the name of the treasurer of said district where such sal to pay. person, so neglecting or refusing as aforesaid, shall reside; and such justice of the peace is hereby authorized to hear and determine the same, and to grant execution thereon without further delay.

9. That every candidate who receives a license to practise physic or sur- Candidates regery, from any of the examining committees appointed as aforesaid, shall pay ceiving a lito the said committee the sum of five dollars, to be deposited with the treas- cense to pracurer of the proper district where the license was obtained, for the tise, to pay five purposes dollars. aforesaid, of which the said treasurer shall keep an accurate account.

to recover

10. That if any male person hereafter shall practise physic or surgery, Persons pracas a profession, within this state, who has not been duly licensed by some tising without medical society or college of physicians, or who has not previously obtained license, not ala license from one of the examining committees aforesaid, such person so lowed the benoffending shall take no benefit of law for the recovery of any debt or fees for efit of the law such practice, and shall moreover forfeit and pay a sum of not more than one debts; and alhundred nor less than five dollars for every such offence, one half to the person so to be fined or persons who shall sue for the same, and the other half to the use of the for every medical society, to be deposited by the plaintiff or plaintiffs in the hand of the offence; fines treasurer of the medical district in which the offence was committed: Pro- how disposed vided, That nothing in this act shall be so construed as to affect any physician of; proviso. or surgeon now in regular practice, or any person who is called on to afford relief to the sick or distressed in any sudden emergency.

11. That if this act or any thing therein contained, shall be found inad- This act subequate or inconvenient, it may by the legislature of this state be altered, ject to amend

amended or repealed.

ments.

12. That the act, entitled an act regulating the practice of physic and O. L. c. 249, surgery,' passed January fourteenth one thousand eight hundred and eleven, repealed. be, and the same is hereby repealed. [Passed, February 8, 1812.]

CHAP. CCLXIX.-An act supplementary to an act, entitled, an act for the proving and Repealed, O. recording wills and eodicils, defining the duties of executors and administrators, the ap- L. c. 367, § 52. pointment of guardians, and the distribution of insolvent estates.'*

1. Be it enacted, &c. That the several courts of common pleas, within Court of comthis state, are hereby authorized and required to grant letters of administra- mon pleas au

*See O. L. c. 227, 228.

thorized to tion, as well in cases of persons dying, or who may have died out of this state, grant letters of leaving rights and credits, or any estate, real or personal, within this state, administration, as in cases where such persons may die or may have died within this state, and on estates and under the same provisions, rules and regulations; and that they be so far of persons dy considered the successors of the judges of probate, under the territorial goving out of the ernment, as to authorize the suing in their name, and prosecuting to final judgment and execution, all bonds given to the said judges and their successors in office.

state.

Executors or

an action in that capacity

2. That every administrator who may have been, or shall hereafter be, administrators appointed such, within any of the United States or territories thereof, accordappointed in ing to the laws of the state or territory, within which such appointment may another state have been, or hereafter may be made; and every executor, who may have may commence been, or hereafter may be appointed such, by will or codicil, made and proved and maintain in any state or territory of the United States, according to the laws of such state or territory, shall be authorized by virtue thereof, to commence and for any proper- prosecute any action or suit, either in law or equity, and shall be liable to be ty in this state; sued, either in law or equity, in any court of this state, having jurisdiction of proviso, that the subject matter of such action or suit, in his, her, or their capacity of administrator or executor, in the same manner and under the same regulations as any nonresident may be permitted to sue or be sued: Provided, That nothing herein contained shall be so construed as to vary the course the title of land of descents, nor in anywise affect the title of any land within this state, unless an authenticated copy of such will or codicil be proved and recorded in this state, in the same manner as is provided in the twelfth section of the act to which this act is supplementary.

the course of descents be

not varied, or

affected.

Administrator having given bond, may appeal without

3. That all and every administrator or administrators, who may have given bond in this state, agreeably to the law* to which this act is supplementary, shall be, and hereby are authorized, in all cases of appeal from one court to another, by him, her, or them made, to prosecute the same without filing giving security. any bond, to prosecute the said appeal to effect, and abide the judgment thereon to be had.

Three free

holders to

sale by ad

4. That whenever it becomes the duty of any court within the state, by reason of the provisions of the thirty-first section of the aforesaid act, to set off dower; set off dower, such court shall forthwith appoint three disinterested freeholdmanner of pro- ers, whose duty it shall be, after being sworn or affirmed faithfully and ceeding; how impartially to perform their trust, to set off the same in such manner as shall compensated; be just and equitable; and for their services, the said court shall allow such compensation as may be reasonable, to be paid out of the estate of the deceased; and hereafter no court, within this state, shall be required, by reason of any provision in the thirty-eighth section of the same act, to cause any administrator or administrators to sell the lands of any deceased person, so as in anywise to affect the claim or right of dower of the widow of such deceased person, without her free consent; and whenever it shall appear by the administrator's return, in the said thirty-first section, of said mentioned act, that any deceased person may have died insolvent, no dividend of the said estate shall be made, or caused to be made, by the court, unless by advertisement, inserted in some newspaper printed in the vicinity, all creditors may have been advised to produce their claims, properly authenticated, within one year from the date of such advertisement.

ministrator not to affect right of dower; persons dying in solvent, the court to give notice in a newspaper before any dividend be made.

Special session 5. That it shall, at all times hereafter, be lawful for the judges of the court for testamenta- of common pleas, or any three of them, when required, to convene for the ry business. purpose of granting letters of administration, taking probate of wills, or for transacting any other necessary business relative to the settlement of the estates of deceased persons. [Passed, February 8, 1812.]

Repealed, O.

L. c. 388, 27. see also Ó. L. c. 315.

CCLXX.-An act to amend the act, entitled 'an act regulating county levies.' †

1. Be it enacted, &c. That all houses shall be free and exempt from taxation, and no lots or out-lots, included in a town plat, and taxed for county purposes, shall be taxed under the law levying a tax on lands.

Duty of town2. That the listers of the several townships shall return to the commisship listers; du- sioners of their respective counties, the list of the taxable property, (required ty of county of them by the second and third sections of the act to which this is an amendcommissioners ment,) excepting so much thereof as relates to houses, on the first Monday of to appoint col- June, annually; and at the same time the said listers shall return to the comlectors; duty of missioners the original lists by them severally taken from persons owning pro

* See O. L. c. 227. + See O. L. c. 60, 119.

perty subject to taxation; and the commissioners of each county shall, on the collectors to said first Monday of June, perform the duties required of them by the seventh give bond. section of said act, excepting so much thereof as relates to houses: and shall, moreover, during their session, commencing on the firs: Monday in June, annually, appoint a collector of county levies, for their respective counties; or if the commissioners of any county shall be of opinion that the tax of such county can be collected more conveniently by townships, they are empowered to appoint one collector, for each township, within such county; and each collector, so appointed, shall, on or before the first Monday of August next, ensuing, give bond to the commissioners in behalf of the county, with such security as the commissioners may approve of, for double the sum contained in the duplicate given to such collector, conditioned for the faithful collecting and paying over all taxes to be by him collected, on or before the first day of January next ensuing.

3. That the commissioners shall make out two alphabetical duplicates Duty of comof the tax assessed in each township, in which the respective items, with missioners in which each person stands charged, shall be designated, conformably to the making out dulisters' return; one of which they shall deposit with the county treasurer, plicates. for the inspection of those who may wish to examine the same, and deliver the other to the collector of the county or township, (as the case may be) on or before the first Monday of August, annually.

on lots is not

4. That the collectors shall, immediately after the first Monday of Collection to August, annually, proceed to collect the county tax, in their respective coun- commence the ties, agreeably to the provisions of the act to which this is an amendment. first of August, 5. That whenever the tax on any lot or lots, is not paid on, or before, annually. the first day of November, annually, and no goods and chattles can be found Duty of collecwhereon to levy, the collector may levy on such lot or lots thus charged, and tor when tax proceed to advertise the same for sale, either by publishment, in a newspaper printed in the town where the lot or lots lie, or by posting up four advertise- paid by first November, to ments in the proper township, and one at the door of the courthouse of his advertise thirty county; in which publishment or advertisement shall be inserted the lot or days before lots, by number, the proprietors' names, if known, and the tax due on each; sale of such and the time of sale shall be, at least, thirty days from such advertisement; lots; lots to be and if, on the day of sale, the tax is not paid, the collector shall, in the town sold in the where such lots lie, proceed to sell so much of the lot or lots thus charged as town where will discharge the taxes and costs. they lie.

6. That whenever any lots, lands, or real estate, shall be sold at vendue Duty of colby any collector of taxes, agreeably to the provisions of this act or of the act lector on sale of to which this is an amendment, it shall be the duty of such collector to lodge, lots to lodge the with the recorder of the county, in which such lands, &c., may be situated, with- advertisement in ten days after the vendue and sale aforesaid, the notification of such sale with the recorder of the posted up by him, the newspaper, containing the advertisement of such sale, county in ten (if any) with a certificate accompanying the same, under oath, that such days after notification was posted up according to law; which notification and certificate sale; duty of shall be recorded by such recorder; a certified copy of such record shall be recorder to recompetent testimony touching those facts; and the said newspaper shall be cord the same, kept on file by said recorder; and such recorder shall be entitled to receive or file the such fees of said collector for recording as may be given in other cases for newspaper; rerecording, &c.

corder's com

7. That when any town lot, or part thereof, shall be sold for taxes due pensation. Duty of collecthereon, the collector, making such sale, shall give to the purchaser a certifi- tor to give a cate, expressing the number of such lot, and the quantity sold, which shall, certificate of in all cases, begin at one side of the lot, and extend from the front back to the sale; and also out line; and at any time thereafter make a deed to the purchaser, which shall transmit a list vest him with a sufficient title, in case the tax for that year had not been paid of sales to the previous to the sale; and the said collector shall, on or before the first commissioners Monday of January following, transmit to the commissioners of his county a of the county. list of all lots, or parts thereof, sold, describing the same as aforesaid; also, the purchaser's name; which list the said commissioners shall keep in their office; and any certificate by them given to any person, entitled to the right of redemption by this act, shall be deemed good evidence of the sale.

8. That if any lot or lots, or part thereof, shall be sold for taxes, the pro- Who may reperty of a minor, feme covert or insane person, or persons in captivity, such deem their lots person or persons, shall have his, her, or their property restored, by complying sold as aforewith the requisitions of the act entitled 'an act directing the mode of redeem- said, and on