Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1857-03-25
AN ACT
I

No. ) AN ACT
To amend the sct entitled ian act to enable the hola-
ers Of land, Eithia this State. TO Perpetua;e test uory
reiAtive 10 their lands" passed Janua'y .. lse4.
SECTION l. Be is e4ae,es By the General Assembly
of the State 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 perretuIte testi-
mOny relative TO their lsnds. passed January :, lc-S.
is hereby amended 80 as TO read as follows SEC 1 Be
Il ez0c.ed 6g the General .Ssseabiy of the State Of
Ohio. That il shall re idWfai fer any person or peTsons.
their guardian, agent or attorney owning, or heiBg in
terested in. any tract, or tracts. OF land Hithin this
State, any corner, or corners. or line, or lines. or
which shall have became lost OF unc srt1in. or shall he
in danger 0f~heconing lost or uncertain, ~ the reno
val. destruction, d~e1sc=msnt or PERISH NJ condition Of
any corner, witness or line tree, or trees, or nouumeH
or monuments. or by any other cause, TO call on the
surveyor cfthe county ~here the la1d Iies-or IL 1t is
i single tract divided by a county line or lines. on the
sdryeyo or OF any county in which = part thereof lies
t. make n survey thereof, aud cause to re planted al
any corner OF caraers, or at proper pifces in any line
I or lines thereof. a stone or post, noting particularly
the sit1stion and condition of the original corner trees
or monuments, called for in the original survey. if
found. ami also OF all 0thes trees. or monuments,
which il nav lie important or advisable to note. and
Of all the pti :es OF Eotoriety, over o. by which the
lines OF said survey nay pass; ADD the surveyor shall
make out a ptar and certificate Of such survey, under
mis- hand, noting the Eames Of the caa;l men, markers
aud other assistants. ii any. in such survey. and also of
all other persons present at The Planting OF any stone
or post as AZORES id: and noting also the variati IN Of
the compass froIa :e original calls, at the time OF max
ing such survey.
SSc. ,. That whenever the owners of adjoining tracts
Of land. or village OF city lots. sha.l agree upon. or fix
the site Of any corner or corners. line or lines, com
mon to such tracts or lots. and shall rake and sub
scribe a certi6ctte Of such agreement. coutaining n
pertinent description Of such corner or corners. liHe
or lines. either with or with ut a plat. sni shall &C
knowledge such certificate before any officer authori-
ze1 10 take the acknowledgment OK deeds. (EhOse duty
il is hereby made to take and certify -uch aekanwledg-
ment) and shall cause the sane, with the certificate Of
acknowledgment (xhich shall lie upon the same pa
per- to Le recorded in the recorder ofice of thu coun
~ or counties in Which such corner or corners, line
-. 1n-a ahaNn - ursrus a-1 .--.z -
or lines, shall thenceforth lie derred as ike and es-
tahlsshsi 1. as between the parties 10 such agreement,
and All persons subsequently, deriving title from or un-
der them respectively. Such agreement shall be re
corded by the recorder ia the book ia his Office. in
which surveys are or nay he recorded; and the Origi-
nal Agreement after being so recorded. or a 4 .ly GER
titled copy thereof from the record aforesaid, shall ne
good evidence. in any court in this state. against aHy
par y 10 such agreement, or person in priYity with him
as aforesaid.
Provided. however. Tha; no such agreement shall be
execrt-d by any minor, idiot, l1natic or insane person.
but the same may &c made executed. acknowledged
and delivered for record, on his behalf. ny his guar
diam and when SO Isade, executed. aeknox edged. de-
liyered for REGARD and recorded, shall ne IS eaectual
against such miaor idiot. lanasie or insane person,
- nhe had heen under 40 disability ana had perform
ed said acss hiEs-lf-
Aud provided further That any owner aforesaid. not
heinz under either of the Disabilities aforesaid. may
perform either Or all OF the acts mentioae in this sec
ton. BY an attorney ia fact; hut the power OF such an
attorney must be in Er;tihg- and drss recorded in the
recorders rdice aforesaid.
Aad provide also, That no suci agreement nor any
such power OF at ornes. sial! re executed or acknOEl-
edged hy a mSITiel woman. unless her husband join in
;he execution and acknowledgment thereof; aad the
officer takiogfh acknowledgment OF husband and wife.
shall also examine her separate from her husband and
shah Rad or otherwise maxi known the contents Of
tie agreement or power Of attorney to her; ard If. up
on such se-srste examination. she shail declare that
she did voluntarily sign. seal and acknowledge the
sane. and that she is still satisfied iberexith. he shall
certify her acknowledgment. nut lot otherwise.
SEc-3- The irst section Of the act TO which this is
en- amendment, is hereby repealed.
n. II. VAN VoRuES
Speaker OF the House Of Representatives.
LESTER TAYLOR.
President Of the Senate, PRO TEN.