The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1857-04-15
n. Fl. VAN VOORHEES,,
Speaker Of the House Of Representatives..
LESTER TAYLOR ..
President Of tie Senate, pro tenn.

<TeadeH q Use 'otH@tei Wo teHb.
| mo. 81 AN ACT, So E...
10 amend the act entitled ian act to enable tie
| holder of land, within this State, to perpetu-
ate testimony relative to their lands" passed
January 2, 1924
SECTION l. Be IL enacted by the General As,
seuably of the State of Ohio That the first section
of the act of the General Assembly entitled
Fan act to enable the holders of land, within
this State, to perpetuate testimony relative to
their lands,'' passed January 2, 1924, is hereby
amended so as to read as follows; SEC. l. BE ii
enacted by the General ASsemJiy Of tie State Of
Ohio, That it shall be lawful for any person or
persons, their guardian, agent or attorney, own
ing or being interested in, any tract or tracts OF
| land within this State, any corner or corners,
or line or lines, of which shall have become lost
or uncertain, or shall be in danger of becoming
| lost or uncertain, by the removal, destruction,
DETACHMENT or p2rishing condition of any corner,
witness or line tree or trees, or monument or
monuments, or by any other cause, TO call On the
surveyor Of the county where the land hes--or
if it is single tract divided by county line or
lines, on the surveyor Of any county on which a
part thereof lies--to make a sul4ey thereof and
cause to be planted at any corner or corners, OF
at proper places in any line or lines thereof q
stone or post, noting particularly the situation
4 and condition of the original corner trees or
monuments, called for in the original survey, if
found and also of all other trees, or monuments
called for in the original survey, If found, and
also of all other trees, or monuments, which it
may be important or advisable to note and OF all
the places of notoriety, over or by which tho
lines of said survey may pass; and the surveyor
shall make out a plat and certificate of such sur
vey, under his hand, noting the names. Of the
chairman, markers and other assistants, if any
in such survey and also Of all other persons pre-
sent at the planting of any stone or post as
aforesaid and noting also the variations Of the
compass from the original calls, at the time Of
making such survey.
SEC 2. That whenever the ownersof adjoin-
ing tracts of land, or village or city lots, shall
agree upon, or fix, the site of any corner or cor
ners, line or lines common to such tracts or
lots, and shall make and subscribe a certificate
of such agreement Containing pertinent des-
crption of such corner or corners, line or, lines,
either with or without plat, and shall acgnowl-
edge such certificate before any officer authori-
zed to take the acknowledgement of deeds,
(whose duty it is hereby made to take and cer-
tify such acknowledgements and shall cause the
same, with the certificate of acknowledgment,
|
ded in the recorders office of the county or
counties IN which such corner or corners, line or
lnes shall be situate, such corner or corners,
line or lines, shall thenceforth be deemed as fix
ed and established, as between the parties to
such agreement, and all persons subsequently
deriving title from or under them respectively
Such agreement shall be recorded by the recor-
der, in the book in his Office in which surveys
are or may be recorded; and the original agree
ment after being so recorded or duly certified
copy thereof from the record aforesaid shall be
aood evidence, in any court in this state against
my party to such agreement or person IN piiy
CITY with him as aforesaid.
Provided, however, That no such agreement
shalt be executed by any minor idiot, lunatic OF
insane person, hut the same may be made exc.
cuted, acknowledged and dGliJered for record
on his behalf by his guardian; and when SC
made, executed, Acknowledged delivered for re.
cord and recorded, shall be as effectual agains.
such minor, idiot, lunatic or insane person, us i
he had been under no disability and had perfor.
med said acts himself. '''at' ta'
l. And provided further That any owner afore-
said, not being under either of the disabilities
aforesaid, may perform, either or all of the acts
mentioned in this section, by an attorney in fact
but the power Of such an attorney must be in
writing, and first recorded in the recorders Of
fee aforesaid. "oB
And provided also, That nS,such agreement
nor any such power Of attorney, shall be execu
ted or acknowledged by married woman, un
less her husband join in the execution and ac
acknowledgement thereof; and the officer taking
the acknowledgment of husband and wife, shal
also examine her separate from her husband anc
shall read or otherwise make known the con
tents Of the agreement or power OF attorney (
hei and if upon'suc separate examination, sllt
shall declare that she did voluntarily sign, sea
and acknowledge the same, and that sheis still
satisfied Herewith, he shall certify her acknowl
edgment, but not otherwise.
, Sec. 3. The irst section Of the act to which
, this is an amendment is hereby repealed.
N. II. VAN WORRIES,
Speaker Of the House of Representatives.
- .s LESTER TAYLOR,
II President Of tho Senate, pro ten.
! 'IrNo, 1o1 AN ACT
To amend the second section Of an act cnti
tied IAN act for the interpretation Of Town
4 .sb;yss - x.aSsad March Ia lS53