M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1857-04-02
N. II. VAN WORRIES,
AN ACT
mo 81

aNN % @AH'
To amend the act entitled " an act to cna-
bic the holders of land, within this State,
to perpetuate testimony relative to their
lands, , passed January ,, 1924.
SECTION /. BE IL enacted bg the GIN
tral Assembly Of The suite Of Otio. That
the first section Of the act Of the General
Assembly entitled " an act to enable the
holders of land, within this STATE, to per-
petupte testimony relative to their lands
passed January 2. 1924 is hereby amended
so as TO read as follows:
SECTION /. BE il "Ba,td by he Gen
eral Ae,emjly Of the State Of ohio, That
it shal be lawful for any person or persons,
their guardian, agent or attorney, owning,
or being Interested in, any tract or tracts,
Of land within thi, State, any corner, orcor-
Hers, or liho, or lines, Of which shall have
become lost or uncertain, or shall be in
danger Of becoming lost or uncertain, by
the removal, destruction, defaCcment or per-
ishing condition Of any corner, witness or
line TT c, or trees, or monument or monu-
menls, or by any other cause, to cali on the
Surveyor Of the County where the land lies
Or ifil is a single tract divided BY a coun-
ty line or lines, on the Surveyor Of any
County in which a part therCOI lies--tO make
a survey thereof, and cause to be planted at
any corner or corners, or at proper places in
any line ar lines thereof, a stone or post,
noting particularly the situation and cOndi-
ton of the original corner trees, or monu-
ments, called for in the original survey, if
found, aud also of all other trees, or MONT
ments, which it may be important or advisa.
BILE to note, and of all the places Of ~notorie-
ty, over or by which the lines ofsaid survey
may pass and the Surveyor shall make odt
q plat and certificate Of such survey, under
his baud, noting the names of the chainmrn,
markers, and other assistants, if any. in
such survey, and also Of all other persons
present at the planting Of any stone or post
as aforesaid and noting also the variation
of the Compass from the original calls, at
the time Of making such survey.
SECTION 9. That whenever the own
ers Of adjoining tracts Of lam, or village or
city lots, shall agree upon, or fix, the cite Of
any Corner or corners line or lines, common
TO such tracts or lots, and shall make and
subscribe a certificate of such agreement,
containing u pertinent description Of such
corner or corners, line or lines, ei her with
or without a plat, nd shall acknowledge such
certificate before any officer authorized to
take the Acknowledgement of deeds, (whOse
duty it is hereby made TO Tx and certify
such acknow lrjgnent) and shall cause the
same, with the certificate of acknowledge
ment (Which shall be upon the 5 me pGpcr)
to be recorded in the Recor Ier's Office Of the
couu Y or counties in which such C rner or
corners, line or lines, shall be situate, such
corner or corners. line or lines, shall thence
forth be deemed as affixed 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 tie Rcror-
der, in the book in his Office in which tha
surveys are or may be recorded and the
original agreement after being so recorded,
or a duly certified copy thereof from the re-
cord aforesaid. shall be good evidence, in
any Court in this State, against any party
to such agreement, or person in Priyity with
him as aforesaid.
Provided, however, That no such agree
tNlIi SIlull W tAEIulNI ~ uHl AAll4't1 lutJt.
lunatic or insane person, but the same
NAV be made, executed, acknowledged and
delivered for record. on his behalf, By his
guardian ; nd when 50 made, executed, at
knowIedgcd- delivered Tor record and re-
corded, Shall be as e~fftctual against such
minor, idiot. %lunatic or insane person, rs if
he had been under no disability and had
performed said acts himself
And provided further, That any owner
aforesaid, not being under either Of The dis
abilities aforesaid, may perform either or all
ofthe acts mentioned in this section, by an
attorney in fact but the power Of such an
attorney must be in writing, and first re-
corded in the Recorder Office Aforesaid.
And provided also, That no such agree-
ment, nor any such power Of attorney, shall
be executed or acknowledged by a married
woman, unless her husband join in the exc
cution and acknowledgment thereof and
the officer taking the acknow edgment Of
husbtu d and wife. shall also examine her
separate from her husband and shall read or
otherwise make known the contents OF the
agreement or power of attorney to her
and if, upon such separate examination, she
shall declare that she did voluntarily sign,
seal and acknowledge The same, and she is
still satisfied Herewith. he shall certify her
ucknow, ~edgement, but not otherwise.
SECTION 3. The fist section OF the act
to which this is an amendment, is hereby
repealed.
N. II. VAN WORRIES,
Sneaker of tie House of Representatives..