M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1856-05-01
THE LAWS OF OHIO
PUBLISHED BY AUTHORITY.
AN ACT

mo. Gil AN ACT
Further to amend and supplementary to an
act entitled an act securing the benefits
of the writ Of Habeas Corpus.
SECTION /. Be IL enacted by the Gener-
al Assembly of the State Of Ohio, That
whenever application for writ OF Habeas
Corpus, under the act entitled On act, secu-
ring the benefits of the writ Of Habeas Cor
pus passed February %, 1911, shall be made
to any court or Judge Of any county in this
State, this said court or Judge upon being
satisfied by affidavit or otherwise, that any
officer having in his custody or under lis
control, any person or persons alleged to be
unlawfully deprived Of liberty, will refuse
or neglect to obey said writ, shall cause the
said writ to be directed to the sheriff or cor
oner of any county, provided that it shall
not be directed to any sheriff or coroner who
is charged with the alleged unlawful deten-
ton; and the said writ shall be framed, d.
rected, executed and returned, and proceed
ings shall be thereupon had, in all respects,
as is provided by the act further to amend the
habeas corpus act, passed February 8, ls47:
and the officer having in his custody the
person or persons alleged to be unlawfully
deprived of liberty, is hereby required to de-
liver such person or persons to the officer
having the writ Of habeas corpus
SECTION 2. Be itJurther enacted, That il
any sheriff or coroner, to whom any writ of
habeas corpus issued under the provisions of
this act shall be directed, shall refuse or
neglect to obev and execute the same &C.
cording to the command thereof, or shall
wilfully make false return thereof, such
sheriff or coroner shall forfeit and pay the
sum Of one thousand dollars, which sum may
be recovered by the party nggrieved, or by
any person suing for the use OF said party /;
but, in case ofa suit for the use Of said par
ty, the court in which the same may be
brought, shall make such order fof securing
to such party the amount recovered as shall
seem just and expedient.
SECTION 8. Be ii further enacted That
no person who shall be set at large upon /
any writ of habeas corpus, shall be again |
imprisoned or restrained Of liberty, for the |
same or substantially the same cause or Of |
fense, unless by the legal order or process !
Of court of competent jurisdiction, or upon
a charge Of crime or offense under oath or
affirmation made, or indictment found, after
such discharge. And If any person shall,
knowingly and contrary to the provisions of
this section, recommit or imprison or rest
rain Of liberty for the same or substantially the
same cause or offense, any person so set at
large, or shall knowingly aid or assist there.
in, such person so offending, shall forfeit to
the party aggrieved the sum of five hundred
dollars, to be recovered by the said party or
any person for the use of said party, as pro-
vided in the preceding section, and the per-
son so offending, shall moreover be liable to
the suit of the party aggrieved for damages.
SECTION q. BE 1t further enacted, That
when any person shall be set at large upon |
any writ ofhabeas corpus, the court or Judge |
making such order, shall have power to |
make such further order, as may be neces.
sary to secure the due effect Of said order
of discharge; and the court or Judge before
which any writ Of habeas corpus shall be re-
turned, shall for good cause shown, continue
the said cause and shall have power to make
such other orders, during the proceedings
upon such writ, in respect to the custody of |
the person imprisoned or restrained, and in
other respects, as may be found needful to
secure the due effect Of the writ.
SECTION s.. BE ii further enacted, That
section six ofthe act entitled Gan act secu-
ring the benefits Of the writs of habeas cor.
pus," passed February %, 1911, and section
nine Of the act entitled "an act further to
amend the act entitled an act securing the
benefits ofthe writ Of habeas corpus" pass
ed February s, l847, be and the same are
hereby repealed.
N. H.VAN WORRIES,
Speaker Of the House Of Representatives.
THOMAS H. FORD.
Presidenkof the Senate.
April g., 1856.
[ No. 69.] AN ACT
To amend section two of an actentitled "an
act to amend the several acts nowin force
in relation to the sale of lands forfeited
to the State for the non payment of taxes"
passed March II, ls45.
SECTION /. Be II enacted by the Gener-
al Assembly Of the State of Ohio, That
section number two of an act entitled ''an
act to amend the several acts now in force
in relation to the sale of lands forfeited to
the State for the hon-payment Of taxes"
passed March ~, l845, be SO amended as to
read as follows: Section 2. That If any
tract or parcel Of land shallhot sell at such
public sale for an amount sufficient to pay
the taxes, interest and penalty which stand
against such tract, the Auditor shall rei0fils
the same as unsold, to be eretained upon tie
list Of forfeited lands, to be offered for sale
the next succeeding year as other forfeited
lands; Provided, that Il any such tract orpar-
eel Of land may have heretofore been or may
hereafter be offered for sale two succeeding
years, as above provided, and shall still re-
main unsold, the county commissioners oil
he county in which such tract or parcel of
and is situate, may at their regular annual ,
session in June Of each year, Il in their cpin-