The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1857-02-18

ODGLhCI " u 4OC[CC " 1ICD De
LESTER TAYLOR,
President Of the Senate, pro tenn.
Columbus, Jan. 81, 1857.
mo. 81 AN ACT,
To amend the act entitled "an act to en-
able the holders of land, within this
State, to perpetuate testimony rela-
tive to their lands" passed January
2, 1924.
SEC. L. Be 1t enacted by the General
assembly Of tile State Of Ohio, That the
first section of the act of the General
Assembly entitled Gan act to enable
the holders of land, within this State, to
perpetsate testimony relative to their
lands" passed. January 2, 1924, is here
by amended so as to read as follows !:
SEC. l.. Be IL enacted by the General
assembly Of the State Of Ohio, That it
shall be lawful for amy person or persons,
their guardian, agent or attorney, own
ing, or Icing interested in. any tract, or
tracts of land within this State, any cor
ner, or corners, or lie, or lines, of which
shall have become lost or uncertain, or
shall be In danger of becoming lost or
or uncertain, by the emovral, de-
struetion, DETACHMENT or perishing con-
dition of any corner, witness or hue
tree, or trees, or monument or mouu-
meDts, or by any other cause, to call on
the surveyor of the county where the
land lies-or if 1t is a single tract divi-
ded 10y a county line or lines, OF the
surveyor of any county in which a part
thereof lies-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, a stone or post, noting
particularly the situation aud condition
Of the original corner trees, Or onu
ments, called for in the or, ginal survey,
if found, and also of all other trees, or
monuments, which it may be important
or advisable to note, and of all theApla-
ces Of notoriety, over or by which the
lines of said survey may pass and the
surveyor shall make out a plat and GER
~tiicate of such survey, under his hand,
noting the names of the chainmen, mark
ers, and other assistants, it any, in such
survey, and also of all other persons pres
ent 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.
SEC. 2. That whenever the owners Of
adjoining tracts of land, or village or
city lots, shall agree upon, or fix the site
of any corner or corners, line or lines,
comnon to such tracts or lots, and
shall make and subscribe a certificate
Of such agreement, containing a per-
fInant AoScrIrfIon IF erob cOrunr mr.
corners, liue o. lines, either with or
without a plat, and shall acknowledge
such certificate before any officer unthor-
lied to take the acknowledgement of
deeds, {whose duty it is hereby made to
take aud certify such acknowledgment
and shall cause the same, with the certi-
ficate of acknowledgment, (which shall
be on the same paper) to be recorded III
the recorders Office of the county or
counties In which such corner or corners
line or lines, shall be situate, such cor
ner or corners, line or lines, shall thence
be deemed as fixed and established
between the parties to such agree
ment, and all persons subsequently de-
title from or under them respec-
Such agreement shall be recor-
ded by the recorder, in the book in his
Office in which surveys are or may be re-
and the original agreement af
ter being SO recorded, or a duly certi-
fed copy thereof from the record afore-
said, shall be good evidence, in any
court in this state, against any party to
such agreement, or person in privity
with him as aforesaid.
Provided, however, That no such
agreement shall be executed by any mi
nor, idiot, ~lunatic or insane person, but
the same may be made, executed, &C
knowledsed and delivered for record, Oh
his behalf, by his guardian and when
SO made, executed, acknowledged, de-
llvered for record and recorded, shall be
as effectual against such minor, idiot, lu-
natic or insane person, as if he had been
under no disability and had performed
said acts himself.
And provided further, That any own
er aforesaid, not being under either of
the disabilities aforesaid, may perform
either or all of the acts mentioned in
this section, by an attorney in fact but
the power of such an attorney must be
in writing, aud first recorded in the re-
eorder's Office aforesaid.
And provided, also, That no such
agreement, nor any such power of attor-
ney, shall be executed or acknowledged
by a married woman, unless her husband
JOIN in the execution and acknowledge
meut thereof; and the officer taking the
acknowledgment of husband and wife,
shall also examine her separate from her
husband and shall read or otherwise
make known the contents of the agree
ment 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
that she is still satisfied Herewith, he
shall certify her acknowledgement, but
not otherwise.
SEQ. 3. The first section of the act
TO which this is an amendment, is here.
BY repealed. -