106

CHAPTER LX.

An act further to amend an act, entitled "an act to incorporate the town of Cincinnati.'

Sec. 1.Be it enacted by the General Assembly of the state of Ohio, That all the members of the City Council of the city of Cincinnati, shall hereafter be elected annually on the first Monday in April, by the qualified voters of said city, in the manner prescribed by the act to which this is an amendment; and it shall be the duty of the judges ofthe election, in the different wards within two days after the election, to make out a certified list of the trustees elected to represent their respective wards, and deliver the same to the Mayor, who shall cause the said trustees to be notified to assemble at the council chamber on a day to be by him apointed, not exceeding ten days from the time of the election.

Sec. 2. Be it further enacted, That the treasurer and clerk shall be appointed from among the qualified voters of the city, by the council, and shall not be members of the council; and in case of the absence of the president and recorder from any meeting of the council, it shall be lawful for the council to appoint a president pro tempore.

Sec. 3. Be it further enacted. That the Marshal of said city shall be authorised to serve writs of subpoena and execution in any part of the county of Hamilton, and where any execution shall be directed to him from the city court against any per

son or persons possessed of real or personal proper ty situate without the bounds of said city and within the county of Hamilton, it shall be lawful for the said Marshal to take such property in execution in any part of said county and to sell and convey the same in satisfaction of such execution, agreeably to the laws regulating sales on execution. And the Marshall shall, in all cases be subject to the same amercements and penalties for neglect of any of his official duties, in the same manner as sheriffs are liable for similar neglects; and wherever the Marshal is a party in any suit in said court the process shall be directed to the sheriff or coroner of the county of Hamilton, who shall execute and return the same under the same penalties as if the process was issued from the court of common pleas.

Sec. 4. Be it further enacted, That there shall be sixty grand and forty eight petit jurors, judicious persons residing in said city, having the qualifications of electors, annually selected by the city council to serve as a grand and petit jury; and the clerk of the city court shall, in the presence of the Marshal, five days previous to each term, draw by lot from the number so selected, fifteen grand and twelve petit jurors, and the said clerk shall forthwith issue writs of venire facias, directed to the Marshal, commanding him to summon the jurors drawn as aforesaid, to attend at the court room of said court then next to be holden on the first day of the term at ten o'clock, A. M. and the Marshal receiving said writs of venire facias shall forthwith serve and return the same, in the manner prescribed to sheriffs in the act entitled "an act rélating to juries;" and if from challenge or otherwise there shall not be a sufficient number to make up the pannel, the court shall direct the Marshal to supply the deficiency by summoning an adequate number of talesmen

Sec. 5. Be it further enacted, That the Marshal and clerk of the city court, shall give such security for the faithful performance of the duties of their respective offices as the city council shall from time to time direct.

Sec. 6. And be it further enacted, That all laws and parts of laws, coming within the purview of this act, be and the same are hereby repealed.

This act to take effect and be in force from and after the passage thereof.

JOSEPH RICHARDSON, Speaker of the House of Representatives. ALLEN TRIMBLE,

January 29, 1821.

Speaker of the Senate.

000::::

CHAPTER LXI.

An act to withdraw from the Bank of the United States the protection and aid of the laws of this state, in certain cases

Sec. 1. Be it enacted by the General Assembly of the state of Ohio, That from and after the first day of September next, it shall not be lawful for any sheriff or other keeper of a jail within this state to receive into his custody any person arrested upon mesne process, or taken or charged in execution at the suit of the president, directors & co. of the Bank of the United States, or any person committed for or upon account of any offence alleged and charged to have been committed upon the property, rights

interests, or corporate franchises of said bank, when acting under a law of this state.

Sec. 2. Be it further enacted, That from and after the first day of September next it shall not be lawful for any judge, justice of the peace, or other judicial officer appointed under the authority of this state, to receive any acknowledgement or proof of the acknowledgement of any deed of conveyance of any kind whatever, to which the president, directors, & co. of the bank of the United States, are or may be a party, or which may be taken or made for their use; and no recorder shall receive into his office, or record any deed of conveyance of any description whatsoever, in which the said president, directors. & co. of the Bank of the United States, are or may be a party, or which may be made for their use, after the said first day of September next.

Sec. 3. Be it further enacted, That from and after the first day of September next, it shall not be lawful for any notary public appointed under, the authority of this state, to make a protest or give notice thereof, of any promisary note, or bill of exchange, made payable to the president, directors & co. of the bank of the United States, endorsed to them, or made payable at any office of discount and deposit established by them in this state.

Sec. 4. Be it further enacted, That if any sheriff, or jailor, shall violate the provisions of the first section of this act, he shall forfeit and pay the sum of two hundred dollars for every such offence, to be recovered of him in an action of debt, by the party so received in custody. And if any judge, justice of the peace, or re order shall do or perform any act prohibited by this act, every such judge, justice of the peace, or recorder shall be deemed guilty of a misdemeanor in office, and upon conviction thereof, upon indictment shall be fined any sum not ex

ceeding five hundred dollars at the discretion of the court; and if any notary public shall make a protest, or give notice thereof, of any promisary note or bill of exchange made payable to or endorsed to the bank of the United States, or made payable at any office of discount and deposit by them established in this state, every such notary public shall be considered guilty of a misdemeanor in office, for which he shall be prosecuted by indictment and upon conviction thereof, he shall be removed from office and such shall be the judgment of the court.

Sec. 5. And be it further enacted, That if, at any time the officers of the bank of the U. States, or their agent duly authorised by them, shall officially notify the governor of this state, that they have actually discontinued the suits that are now prosecuted by said bank against the public officers or against any other person or persons on account of any act or acts done in conformity to the laws of this state, and that the bank will in future submit to the payment of a tax equal to four per cent per annum, on the dividend arising from the business transacted by such bank within this state: or that having discontinued the suits as aforesaid, the bank will withdraw its branches from this state, and leave only an agency to settle its business and collect its debts: the governor shall, on receiving official notice from the bank of the United States as aforesaid, issue his proclamation accordingly; and from the date of such proclamation, this act shall be suspended and cease to have effect.

JOSEPH RICHARDSON, Speaker of the house of representatives. ALLEN TRIMBLE,

January 29, 1821.

Speaker of the senate.