The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-03-04
LAWS OF OHIO.
PUBLISHED BY AUTHORITY.
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20 ~ AN ACT

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E AN ACT,
70 anlenl the act entitled "aR act to enable
the holders of land, within this State, to
tuStetestimsnY relative to their lands
p.ssel January ?, 1924.
scrioS L. Be it eaa.ted by the General is
sembly Of the State Of Ohio, That the first sec
tion ofsthe act Of the General Assembly enti-
tied " an act to- enable the holders Of land,
within this State, TO perpetuate testimony rel
alive to their Ian Is, passed January z, 1874.
is hereby amended so as TO read rs follows:
SEcrroN T. Belt eaacted by tsc Csaerel As
semsiy of fls State Of Ohio, That it shall be
lawful Tor liy ps.is on or persons, their guar
dian. agent or attorney owning or being inter
est,,l in, anytfact, tracts of Lana within
this State, any cerper.sor corners, or line, or
lines of Which shall have become lost or I'M
certain, or shat Lbe in danger OF becoming lost
or uncertain, by the removal, destruction, de
facement or perishirrg condition Of any corner,
witness or line 'tree,oF trees, or monument or
a,onuments, or by any other cause, TO call on
thezsurSeyor sof the county where the land
Ees-or il it is single tract divided by
county line or lines, on the surveyor of any
county liz which a part thereof lies--to make
survey 1thoreof, and cause to be planted at
any corner or corners, or at proper places iii
ally Int of AlAcs fthGISpl ~ otOiio oi fOoht nv
ting spaxticularly the situation and condition
of the so3ig iginal corner trees, monuments,
called for in the original survey, if found, and
alsosaf ali other trees, or monuments, which it
may, besimportant advisable to note, and of
allstsss places of notoriety, over or by which
the lines of. said survey may pass; and the
Surveyor SHALL make cut plat and certificate
of ssuuf survey, under his hand noting the
names sofsthe ohainmen, markers and other
assistants, if any, in such survey, an | also of
alls other persons present at the planting of
any stone or post as aforesaid: and noting also
thsfvariation Of the compass from the origi-
nal calls, at the time OF making snch survey.
SEo.s 2. That whenever the owners of ad-
joining tracts of Hand, or village city lots,
shall agree upon, or fs, the site of any corner
oreorners, line or lines, common to such tracts
orlots, and shall make and subscribe a certiii-
cateof such agreement, containing pertinent
description of such corner or corners, line or
lines, either ,wilh=or without plat, and shall
acknowledge such certificate before any officer
authorized to take the acknowiedg gment OF
deeds, (whose duty it is hereby made TO take
aud certify such acknowlclgmcnt) and shall
cause the same with thecertiGcate of acknowl
edginent, (Which shall be upon the same pa
perl to be recorded. in the Recorders Office Of
the.county or counties in which such corner
or corners, line or lines. shall be situate, such
corner or corners, line. or lines, shall thence
forth DO deemed rs fixed and established as
between the parteslt to spoh agreement, and al
persons subsequently deriving title from or un
dcfthcnf Respectively Such agreement shal
be recorded by the Recorder, in the book in hi
office in.vhich surveys are or may be recorded
and the original xgreement after being so re
corded, or duly certified copy thereof from
the record aforesaid shall be good evidence, il
ag1ya court IN this State, against any party t.
such agreement, or person in privity with hin
.as aforesaid.
Provided, however, That no such agreemen
slfEu s,e executed by any minor, idiot, lunati
orinsane person, but the same may be made
executed acknowledged and delivered for re
cord, ON his behalf, by his guardian; and whe1
so made, executed, acknowledged, delivered 70
record and recorded, shall be as effectual agains
such minor, idiot, lunatic or insane person, a
II he had been under no disability and ha
performed said acts himself.
And provided further, That any owner afore
said not being under either OF the disa5iiltie
aforesaid, may perform either or all of the act
mentioned in this section by an attorney i
fact. bnt the power of such an attorney mus
be- in writing, and -Iirst recorded in the Recol
derss Office Aforesaid.
And provided also, That no such agreemer
nor any such power of attorney, shall be exc
cuted or acknowledged by a married woman
unless her husband join in the execution an
aeknowiedgmentt thereof; and the officer takin
the acknowl edginent of husband and wife, sha
also examine her separate from her husban
and shall read OF. otherwise make known til
contents of the agreement or power OF alto
feysto her; and if, upon such separate exam
nation, she shall declare tina she did votul
tarfly sign, seal and acknowledge the sam
and that she is still satisfied Herewith, /
shah certify her acknomlea eagment, but not oil
erwise.
SEC. s, The first sec.ionof the act to whic
this Is an Amendment, is hereby repealed.
N. H. VAN WORRIES,
Speaker of the Houss Of Representatives,.
ssts LESTER TAYLOR,
President Of the Senate, pro tenn.
Columbus, Fob. 10, 1857.
sAs ~ sare AN AcT
70 amend the second section of the act elii
tied q An act for the Incorporation of Tow
ships passed March ID, 1858.
SEcrIcs l. BE it enacted by the General "A
sen5iv OF he State of Ohio, That it shall
iawfai for the boards of commissioners of Il
several roIntics within this State to alter
change she boundafics of any township or tow
ships within their respectlveeounties ey attac
ing part of one toYnshipto another, or 10y Ia
: ing o.sa,:d designating new township 'front.'
territory OF one or more townships OF the san
county, whenever it shall be made to appe
necessary or expedient, by petition for tn
purpose, signed by majority of the hous
holders residing within the bounds of the pa
sproposed to be attached, or of the proposa
new township, as the case may be, and N
jofity Of the trustees in the town ortownshi
changed or altered by the creation of or ate
alton Of such township; provided, that at les
tliirty days previous notice of such intend
application shall be first given by aavertis
ment at three public places within the bonn
of tie territory proposed to be altered or chan
ed. AMI the commissioners shall cause t
boundaries of such township or townships,
ehanged or altered to be recorded in DO
to be kept for that purpose, and shall give
every new township SO laid off. such app
priats nanae as they may think proper; pro
ded, that no two townships in any one coun
shall be set off and Incorporated by the san
name.
SEC. 2. That the second section of the |
entitled an act the incorporation of tow
ships,'' passed March IA, 1853, is hereby