The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1857-03-26
No. al
AN ACT

40 amend the act entitled to enable the holder
oil land, within this state, to perpetuate testimony
relative to their lands" passed January S. 1924
SECTION |. Be it enacted BY the UencrIl Assembly
OF the state of Ohio, That the first section of the
Of the General Assembly entitled "an act enable the
holders of land, within this STATE to perpetIae tes
mony relative to their lands" passed January 2 1874
ts hereby amended so as to read q follows: She. l.
Be it enacted BY the General Assembly Of the OF
ONO, Ihatit shall b. lawf for any person persons
their guardian agent attorney, owning, being
teresteu IN any tract or tracts OF ldni within this
State, any corner corners linz, lines, o whioI
shall have become lost un1ertain I in dan
ger of becoming lost uncertain. By the removal, de
sruetion DETACHMENT or pcrshing condition OF any
CORNER wltnes3 or lint tree, or trees o. ouIlent
monuments, by any cIuse, to call on the sdr-
veyor of the county where the land ls-or If it is
single tract divided by county line or tines on the
surveyor of any county in which part thereof lies
TO make survey thereof and to be planted any
corner or corners or at proper places IN any line
lines thereof stone or post, noting particularly the
situation and condition OF the original trees
monuments called for in the original survey ii oIud
aud also Of all other Trees or monuments, which it
be important or advisable TO note and vi all the places
OF notOriety, over b. which the lines said
may pass; and the surveyor sla maze out pla. and
certificate of such survey under his hand, noting tile
names of the chainmen. markers, and otner asssnis
II any in such survey and also of all other persons
present at the planting of am post afOre
said; and noting also the variation the comp from
the original calls, at the time of making such sur
yey.
SEC. 2. That whenever the owners of adjoining
tracts OF land or village cy 10 sh Ill agrse upU.
or fix the site of any srs, line line
common to such tracts or lots an sl,ll makc :
scrioe certificate OF such agrcGlnent containing
ptrGlncnL description OF sucl O.ners, Ic
lines, ci;1er With or SiJhD pl dni snL ackuO Sl-
edge sIcl certitcLt. before an olcer authorized 90
take the the dckno Hled gem u deeds (Shoss du5 it
is hereby made to take an certify acknowledge
ment) aud shall cause san, Sih the ccrtiieI. Of
acknowledgement, (which sLIil be upon tha p..
per- to be recorded in recorders 0ce of the
~ or counties in which such corners, line
linSs, shall be sitla'e sIch cOrnr-, lin.
lines, shall thenceforh be deemed ike and esa-
hAH hlf fhaf rfiaar
all persons subsequently deriving lille f.Um under
them respectively. Such Lgreenent slll be recorded
by the recorder in the book in his office in wnich
veys are may be recorded and the Ori yin agree
ment after being 50 recJrl lei duly ceraiied cop,
thereof from the record aforesaid sh Ill be goo ev-
dence, in any court in this state ,nij anT ,rty to
, such agreement, or person in p.vity with him
aforesaid.
y Provided, however, That snch agreement shall be
executed by any minor IDIOT lnatic insane person,
but the same may be made, executed, ackno Svdged
and delivered record his behalf his
and when so made executed, ackno Nedgel delivered
for record ami recorded sh all be rs eIectul aglns
such minor, idiot, lunatic insane person, If he
had been under no disability aud had performed said
acts himself
And provided further, That any owner afore-
said, not being under either of the disabitir.
Aforesaid, may peTfo m either or all of the acts
mentioned in this section, by attorney in fact
but the power of such attorney must be in wri.
tug. and first recorded in The Recorder otfic,
aforesaid
Aud provided also. Tha. no such agreement,
nor any snch power of ntUIrney, snail b. executed
or acknowledged by marriei wOmir. unless her
husband join in the execution and acknowle Z
ment thereof; aud the officer taking the ackno vi.
edgnent of h ashland AMI wi e. shall xduIn-
her separate from her husband aud shall read OF
otherwise make known the contents Of the agree
mant or power Of attorney to her; and if. rppn
such separate examination, she shall deslar- that
she did voluntarily sign, seal aud acSnOwlel e
the same, and that she is slll sati fled therewI
he shall certify her ackuowl dgment. but not 9th.
erwise.
SIC. g. The first section OF The act to whic
this is an amendment. is hereby reprI ed.
N. H. VAN V0R les,
Speaker Of the House Or Repr sentatves.
LESTER TAYLOR.
President of the SeuaLe. pro tenn