Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1857-05-07
LAWS OF OHIO.
Published by Authority.

AN ACT
To amend the act entitled an act to enable the hold
ers of land. within this State, to perpetu ate
testimony relative 10 their lands, passed January
9, 1874.
Of the State Of Ohio That The first section of the ACT
of the General Assembly eDtitied Ian act 20 enable
the holders of land, within this State, perpeuale
testimony relative TO their lands passed January .
1924, is hereby amended so as TO read follows
SIC l. Be H enacted by the General Assembly of the
state Of Ohio That ii shall be lawful any person
or persons, their guardian, agent or attorney
ing, or Icing interested in, any tracI, tracts of
land within this STATE any corner corners line
or lines, of which shall have become lost or uncer
tan shall be in danger of becoming lost or uncer
tain by the removal, destruction, DETACHMENT per-
shing condition of any corner. witness or line tree
o. trees. or monument or monuments, by any
other cause TO Call on the surveyor of the county
where the land es-o if it is a single tract divided
by county line or lines, on the surveyor of any
county in which part thereof lies-to make sur
vey thereof and cause 10 be planted any
corners, or at proper places in any line lines
thereof stone post, noting part ticularly the stu
alton and condition of The original corner trees
monuments, called ior in the original suvev if found
and also OF all other trees, monuments, which II
may be impo advisable note and of all the
places of notoriety, over by which the lines of
said survey may pass: and the surveyor shall make
out plat aud certificate OF such survey, under his
hand, noting the names of the chainmen. markers,
and other assistants, if any, in such survey and also
of all other persons present at the planting Of any
stone post and no:ing iso the varia
lon Of the compass from the original Calls at the
time OF making such survey.
Sec. Q. That whenever the owners of adjoining
tracts of land village city lots shall agree upon
or hx the site of any corner Corners. line lines
common to uch tracts lots, and shall make and
subscribe Seriifc te OF such agreement, containing
pertinent description of such corner or corners,
line lines either with without plat, and shall
acknow ledge such certificate before any officer
thorized TO take the acknowledgment of deeds
(whose duty it is hereby made 10 take and GER ify
such acknowledgement and shall Cause the same,
with the certificate OF acknowledgment, (which
shall be upon the same paper) 10 be recorded IN the
recorder ofice of the county counties in which
such corner corners line lines, shall be situate.
such corner or corne line lines, shall thence
forth be deemed as fixed and established between
the parties 10 sucn agreement and all persons subse
quenty deriving title from under Them respective
ly. Su:h agreement shall be recorded by the recor-
der. in the hook his office in which surveys
may be recorded; and the original agreement after
being so recorded, or a duly certified copy then eof
from the record aforesaid, shall be good evideLce
in any court in this Slate. sgainst any party to
such agreement, or person IN privity with him as
aforesaid.
PROVIDED, however, That no such agreemsnt shall
be executed bya ny nnor, iuot, lunatic, or insane
person, but the same may he made, executed, ac-
knowledged and delivered for record. on his behalf
by his guardian; anu when SO made, executed, &C
knowedged, delivered for record and recorded. shall
be as eHectual against such minor, idiot, unstc or
insane person, If he had been under disa ility
and had performed said acts himself.
And provided further, Tha any owner aforesaid
not being under either of the disabilities aforesaid
may perform either all OF The mentioned in
this seet.n, y an attorney in TACT; but the power of
such attorney must he in writing, and first recorded
in the recorders otfi,e Aforesaid.
And provided also. That no such agreement, nor
any such power OF attorney, shall be executed
knOwledged by married woman. unless her husba nd
join i'll The execution and acknow dgement thereof
and the officer taking the Acknowledgements OF hus
band and wife, shall -lsU examine heI separate from
her husband and shall read otherwise make known
the contents of The agreement power of attorney
TO her; and H. upon such separate examination, she
shall deriare that she did voluntarily sign, seal and
acknowledge the saHe and that is still satisfied
herewith, he shall certify her acknowledgment, but
not otherwise.
SEC. 3. The first section of the act to which this
is amendment, is her by repealed.
N. II. VAN WORRIES,
Speaker of The House Of Representatives.
LESTER TAYLOR,
President Of The Senate, pro. TEN.