Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-03-26

men markers and other assistants, if any,
in such survey ,and also of all other per-
sons present at the planting of any stone
or post aforesaid; and noting also the
variation of the compass from the origi-
nal calls, at the time of making such
survey. .-.s. .sz.t.cs--S-. sz.-,-a z4-.-
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, common to such tracts or lots, and
shall make and subscribe a certificate of
such agreement, containing pertinent
description of such corner or corners,
line or lines either with or without a
plat, and shall acknowledge such certt-
fcate before any officer authorized to
take the acknowledgment of. deeds,
and certify such acknowledgement and
shall cause the same with the certifc ate
of acknowledgment, (Which shall be
upon the same paper) to be recorded in
| the recorders Office of the county or
counties in which such corner or cor.
ners, line or lines, shall thenceforth be
deemed as fixed and established, as be-
tween the parties to such agreement, and
all persons subsequently deriving title
from or under them respectively, Such
agreement shall be recorded by the re-
corder, in the book in his Office in which
surveys. are or may be recorded; and the
original agreement after being so recor-
ded, or duly certified copy thereof from
the record aforesaid, Shall be good evi-
dence, in any court in this state, against
any party to such agreement, or person
in privityi with him as aforesaid. ssl 80
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, ac-
his. behalf, by his guardian; and when
so made, executed, acknowledged, deliv-
cred for record and recorded, shall be as
cffectual against such minor, idiot, luna
tic or insane person, as if he had been
under no disability and had performed
said acts himself. Ls.,- - asrr -zr.
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 mustEbe
in writing, and first recorded in the re-.
corder'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
ment thereof; and the officer taking the
acknowledgement of husband and wife, |
shall also examine her separate from her
husband and shall read or otherwise
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.
SEC. 3. The first section of the act to
which this is an amendment, is hereby
repealed. -=tt -s m..l.sr fz4-.., e.. ess's
-'-...., ,..:s n. H VAN. WORRIES, I.s,
Speaker of the House of Representatives
'''''- LESTER TAYLOR, :.
President of the Senate, pro tenn.
=-f>-E- g. --g "a 81. -.5g a
no. s. AN ACT r :,4: ID
Fixing the commencement of the official
term of County Recorders. Al
SECTION l. Be it enacted by. the Gen4
eral Assembly of the State of Ohio, That
the official term of County Recorders
shall commence on the first Monday in
January, succeeding their election. .aaHHI
SEC. 2. The present incumbants shall
hold theiraoffices until their successors
are elected and qualified. 4ia.r;a SD
a NH. VAN WORRIES t..rd
Speaker of the House Of Representatives.
- LESTER TAYLOR,
=, President of the Senate, pro TEN.
Feb. 3, 1857. ''- ''