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AN ACT

cases.

Regulating the fees of Witnesses in Civil and Criminal Cases. Sec. 1. Be it enacted by the General Assembly of the State Fees and milo of Ohio, That witnesses in civil cases shall hereafter be allowed age of witnesses the following fees : For each day's attendance at the court ind. coroner's

inquest. of common pleas or other court of record, or before any officer authorized to take depositions under a subpæna, to be paid by the party at whose instance he or she is summoned, (on demand,) and taxed in the bill of cost, seventy-five cents, and five cents per mile, from his or her place of residence to the place of holding said court or place of taking depositions. For attending a coroner's inquest, seventy-five cents per day, and the mileage aforesaid, to be paid out of the county treasury. For attending at any trial before a justice of the peace or mayor of any incorporated city or town, to be paid for as is provided in this act in the courts of record, the sum of fifty cents per day, and the mileage aforesaid; Provided, that no mileage shall be allowed in any case where the distance from the place of the residence of the witness to the place where he is called to testify, is less than three miles.

Sec. 2. That witnesses attending under recognizance, or in criminal subpoena issued by order of the prosecuting attorney, or defendant, before the court of common pleas, or other court of record, in criminal cases, shall be allowed the following fees : For each day's attendance, seventy-five cents, and five cents per mile, as in civil cases; to be taxed in only one case, when attending in more cases than one, on the same days, unless otherwise directed by the special order of the court.

Sec. 3. That in all cases, except those specified in this act, In cases not each person summoned as a witness, shall be allowed the sum this act. of fifty cents per day for each day's attendance, and the mileage specified in this act; and all persons who shall be called upon to testify in a cause in which they are not summoned, shall receive the sum of twenty-five cents, to be paid as provided in this act.

Sec. 4. That for the purpose of ascertaining the mileage Number of to which any witness may be entitled, it is hereby made the miles to be en duty of the sheriff, or other officer serving a writ of subpæna, subpæna. to endorse on the writ the number of miles to which each witness may be entitled; and all judicial officers returning witnesses under recognizance to any court in this State, for the trial of criminal causes, shall endorse on their transcript, the number of miles to which each witness may be entitled. The act heretofore passed, regulating the fees of witnesses in civil and criminal cases, and the act amendatory thereto, passed March 17th, 1838, is hereby repealed.

Compensation Sec. 3. That in all cases where a physician or surgeon of Physician for post mortemex: shall make a post mortem examination, at the instance of the amination.

coroner or other officer, said physician or surgeon shall be al. lowed such compensation for his services, as the court of common pleas of the proper county may direct.

JAMES C. JOHNSON, Speaker of the House of Representatives, WILLIAM MEDILL,

President of the Senate. March 16, 1852.

AN AOT

To provide for the more equitable distribution of the proceeds of the sale of

lands and town lots forfeited to the State for the non-payment of taxe

Duty of county Auditor and Treasurer.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the county Auditors shall apportion to their several funds, and pay over to the county Treasurers of the proper county, the amount of moneys received from the sale of lands and town lots forfeited to the State for the nonpayment of taxes, after deducting the expenses of advertising, the amount due to the several funds for which said taxes were

originally levied, and the county treasurers shall, apply them Treasurers' per accordingly, and shall receive two per centum on all moneys

by him received, as provided in this section, and no more. The provisions of this act shall apply to all sales of all lands and town lots forfeited to the State, for the year of our Lord one thousand eight hundred and fifty-one; Provided, that if any county treasurer, prior to the passage of this act, shall have paid to the Treasurer of State a greater portion than would

belong to the State by the provisions of this act, then, and in Duty of Auditor such case, it shall be the duty of the Auditor of State to issue

an order on the Treasurer of State, in favor of the county treasurer so having paid over the amount to which said county may be entitled by the provisions of this act, and the money so refunded shall be distributed to the several funds to which it belonged by the original levy.

claase.

Sec. 2. The first section of the act entitled an act to Repealing
amend an act entitled an act for the redemption of lands and
town lots sold for taxes, and passed March ioth, A. D. 1839,
be and the same is hereby repealed.

JAMES C. JOHNSON,
Speaker of the House of Representatives.
WILLIAM MEDILL,

President of the Senate.
February 11, 1852.

AN ACT

Providing for the appointment of Notaries Public, and prescribing their duties.

Sec. 1. Be it enacted by the General Assembly of the State thorized to upof Ohio, That the Governor be, and he is hereby authorized to point. appoint and commission as notaries public, as many citizens of this State, having the qualifications of electors, residing in the several counties in this State, as he may deem necessary; Pro- Alicant mert vided, that before making any such appointment, each applicant tificate of morshall produce to the Governor, a certificate from one of the from Common judges of the court of common pleas in the county or district Pleas Judge. in which such applicant may reside, that the applicant is of good moral character, that he is a resident elector of such county, and that he possesses sufficient qualifications and ability to discharge the duties of the office of notary public.

Sec. %. That each notary public, so appointed and commis- Tenn and office, sioned, shall hold his office for the term of three years, if so long he behave well; and that before entering upon the duties of his office, he shall give bond to the State of Ohio, in the sum of fifteen hundred dollars, with security to be approved by the governor, conditioned for the faithful discharge of the duties of his office, and he shall take and subscribe an oath or affirmation, to be endorsed on his commission, that he will support the constitution of the United States, and of this State, and that he will honestly, faithfully and impartially discharge and perform all the duties of his office, to the best of his ability.

Sec. 3. That each notary public, before entering upon the Official Seal. duties of his office, shall provide himself with an official seal, with which he shall authenticate all his official acts, upon which seal shall be engraven the arms of this State, the words

Who shall not be appointed.

Pees.

Notarial Seal, and the name of the county in which he resides; which seal, together with his official registers, shall be exempt from execution; and on the death, or removal from office of such notary public, his registers shall be depositeà in the office of the recorder of deeds, in the county where such notary resides.

Sec. 4. That no banker, broker, or officer, attorney, stock. holder, clerk or agent of any bank, banker, or broker, shall be appointed to, or shall hold the office of notary public in this

State. Powers of No. Sec. 5. That each notary public so appointed, commistarios Public. sioned and qualified, shall have power, within the county in

which he may reside, to administer all oaths required or author. ized by law to be administered in this State, to take and certify depositions to be used in any of the courts of this State, to take and certify to all acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments of writing, and to receive, make and record, notarial protests.

Sec. 6. That for each oath or affirmation administered and certified, the notary public shall receive twenty-five cents, and no more; for the presentment, demand, notice to drawers and endorsers, and instruments of protest of each bill of exchange or promissory note, he shall receive the sum of one dollar; and for recording each instrument by him required to be recorded, the sum of ten cents for each one hundred words, and no more; and for his services in taking and certifying acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments of writing, and for the taking and certifying of depositions, he shall receive the same fees as are now

by law prescribed for justices of the peace; and in taking Mas compel at: depositions, he shall have the same power to compel the atten

dance of witnesses, and to punish witnesses for refusing to tes

tify, which is now vested, by law, in justices of the peace; Duty of sherime and all sheriffs and constables in this State are hereby required and constables. to serve and return all process issued by such notaries in the

taking of depositions.

SEC. 7. That the instrument of protest of any notary received as evi. public appointed and qualified under the laws of this State, or

the laws of any other State or territory of the United States, accompanying any bill of exchange or promissory note, which has been protested by such notary for non-acceptance or for non-payment, shall be held and received in all the courts of this State, as prima facie evidence of the facts therein certified; Provided, that any party may contradict, by other evidence, any such certificate.

Sec. 8. That any potary public hereafter appointed, who co viene ceas shall charge or receive any fee or reward for any act or ser

vice done or rendered by him under this act, greater than the amount herein limited, or who shall dishonestly or unfaithfully

penses.

Protests to be

Penalty for re

discharge any of his duties as notary public, shall, on com. plaint filed and substantiated in the court of common pleas in the county in which such notary public resides, be removed from his said office, by such court; and the court shall thereupon certify the fact of such removal to the gov. ernor, and the party so removed shall be thereafter ineligible to a re-appoiniment to the office of notary public in this State.

Sec. 9. That the act entitled an act for appointing notaries Acts repealed. public, passed February seventh, one thousand eight hundred and sixteen, and all acts amendatory to said act, and all parts of all acts conflicting with this act, be and the same are hereby repealed.

JAMES C. JOHNSON,
Speaker of the House of Representatives.

WILLIAM MEDILL,

President of the Senate. April 2, 1852.

AN ACT

To provide for the more efficient and expeditious completion of the New State House, and to repeal the act to provide for the erection of a New State House, passed February twenty-first, one thousand eight hundred and forty-six, and all amendments thereof.

Sec. 1. Be it enacted by the General Assembly of the State Repealtor forof Ohio, That the act entitled an act to provide for the erection of a New State House, passed February twenty-first, one thousand eight hundred and forty-six, and all amendments thereto, and all laws upon that subject, be and the same are hereby repealed.

Sec. 2. That there shall be appointed by the Governor of Commissionera the State of Ohio, by and with the advice and consent of the by Governor of Senate, three Commissioners, to be denominated the new Senate. State House commissioners, under whose direction the work upon the new state house in the city of Columbus, shall be continued and prosecuted, under the plan and specifications accompanying the report of the commissioners acting under joint resolution of the General Assembly, for the session of the

years one thousand eight hundred and forty-three and one thousand eight hundred and forty-four; Provided, that said

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