Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1857-03-12
AN ACT,

holders of land, within this State, to perpet-
uate testimony relative tothcir lands, passed
January 2, 1854. -.,
Section l. Be Il eaacted by the General As
sea6ig Of 6e Stole Of Ohio, That the first section
of the act of the General Assembly entitled "an
act to enable the holders of land, within this
State, to perpetuate testimony relative to their
lands" passed January 2, 1924, is hereby amend
ed SO as to read as follows:-Sec. /. Be it en-
acted by the General Assembly of the State of
Ohio That it shall be lawful for any person or per-
sons,their guardian agent or attorney, owning or
being interested in, any tract, or tracts, OF land
within this State, any corner, or corners, or ine
or lines, of which shall have become lost or un-
certain, or shall be in danger of becoming lost
or uncertaip, by the removal, destruction, de-
facement or perishing 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 lies
or if it is a single tract divided by county
line, or lines, on the surveyor of any county In
which part thereof hes-to make a survey
thereof, and cause to be planted at any corner,
or corners, or at proper places in any line, or
lines thereof, stone, or post, noting particular
ly the situation and condition Of the original
corner trees or monuments called for in the orgi-
nal survey, if found, and also of all other trees
or or monuments, which it may be important or
riety, over or by which the lines of said survey
may pass; and the surveyor shall make out
plat and certificate of such survey, under his
hand, noting the names of the chairman, mark
ers and other assistants, if any, in such survey,
and also of all persons present at the planting
of any stone or post as aforesaid; and noting
also the variation Of the compass from the orig
inal calls, at the time of making such survey.
Sec 2. That whenever the owners of ad-
- I'll, nrtr- lptc
shall agree upon, or fix the site of any corner,
or corners, line, or lines, common to such tracts,
or lots, and shall make and subscribe a certih-
cate of such agreement, containing pertinen.
description of such corner or corners, line or
lines, either with or without plat, and shall
acknowledge such certificate before any officer
authorized to take the acknowledgment ofdeeds
(whose duty it is hereby made to take and eer-
tify such acknowledment) and shall cause the
same, with the certificate of acknowledgment
(which shall be upon the same paper) to be re-
corded in the recorders Office of the county oi
counties in which such corner or corners, hn'
or lines, shall thenceforth be deemed as hxee
and established as betweea the parties TO suci
agreement, and all versions subsequently deuv
ing title from or under them respectively. Suel
agreement shall be recorded by the recorder, il
the book in his Office in which surveys are or ma.
be recorded; and the original agreement afte
being SO recorded, or duly certified copy there
of from the record aforesaid, shall be good evi
dence in any court of this State, against an,
party to such agreement, or person In privity
with him as Aforesaid.
Provided, however, That no such agreemen
shall be executed by any minor, idiot, lunati
or insane person, but the same may be made
executed. acknowledged and delivered for re
cord, on his behalf, by his guardian; and whe
so made, executed, acknowledged. delivered 10
record and recorded, shall be as effectual agains
such minor, idiot, lunatic or insane person, as
he had been under no disability and had per
formed said act himself.
And provided further, That any owner afore
SAID, not being under either of the disabilitie
aforesaid may perform either or all of the act
meHtioheo In this section, by an attorney /
fact; but the power Of such an attorney must b
in writing, and 6rst recorded in the recorder
Office aforesaid.
And provided, also, That no such apreemen
nor any suoh power of attorney. shall be execu
ted or acknowledged by married woman. M
less her husband join in the execution and az
knowledgment thereof; and the officer takiu
the acknowledgment of husband and wife, sha
also examine her separate from her husband al
shall read or otherwise make known the CO
tents of the agreement or power Of attorney
her; and il, upon such separate examination, s
shall declare that she did voluntarily sign, 81
and acknowledge the same, and that is still 81
isfied Herewith. he shall certify her acknow
ment, but not otherwise
sec. 8. The first section of the act to viii
TINS is an amendment is hereby repealed.
N. II. VAN WORRIES,
speaker OF the House of Representatiy,
LESTER TAYLOR.
President of the Senate, pro tc