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Sec. 5. Be it further enacted, That the expenses of laying out and locating said road shall be paid out of the monies of the treasuries of said counties, in proportion to the distance the said road shall pass through each county, to be paid by the treasurers on the respective orders of the said county commissioners.

JOSEPH RICHARDSON, Speaker of the house of representatives. ALLEN TRIMBLE,

February 1, 1821.

Speaker of the senate.

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CHAPTER LXXXVIII.

An act to amend the act entitled an act regulating prison bounds.

Sec. 1. Be it enacted by the General Assembly of the state of Ohio, That the prison bounds in the several counties in this state shall be extended to the corporation limits of the town in which the prison may be situated, and in all cases where the town as aforesaid has not been incorporated, the bounds shall extend to the limits of the recorded town plat, any thing in the act to which this is an amendment to the contrary notwithstanding.

This act to take effect and be in force from and after the passage thereof.

JOSEPH RICHARDSON, Speaker of the house of representatives. ALLEN TRIMBLE,

February 1, 1821:

Speaker of the senate.

CHAPTER LXXXIX,

An act to establish and lay out certain state roads

Sec. 1. Beit enacted by the General Assembly of the state of Ohio, That there shall be laid out and establish ed a state road, to start at Dublin, on the west bank of the Scioto river in Franklin county, thence to Up er Sandusky, on the nearest and best ground.

Sec. 2. Be it further enacted, That Ezekiel Curtis and John Sells of Franklin county, shall be appoint ed commissioners to survey and lay out said road, and the said commissioners shall receive such com pensation for their services, as the commissioners of the several counties through which said road may pass, may think right and just.

Sec. 3. Be it further enacted, That said commissioners shall return a correct plat of the sur vey of said road to the office of the secretary of state, who is required to file the same in his office,

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Sec. 4. Be it further enacted. That the said com missioners are hereby authorised to employ one marker and two chain carriers which, shall be al lowed seventy five cents per day each, and the road commissioners as aforesaid, shall be allowed each one dollar per mile: the whole to be paid out of the three per cent fund, that may be coming to the several counties through which said roads may pass, to be paid out of the next appropriation of said three per cent fund for said counties.

JOSEPH RICHARDSON, Speaker of the house of representatives ALLEN TRIMBLE,

Speaker of the senate,

February 2, 1821.

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CHAPTER XC.

An ast to amend an act entitled an "act for opening and regulat

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Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That there shall be paid yearly and every year for the purpose of improving roads and highways within this state, on every hundred acres of first rate land fifty cents; on every hundred acres of second rate land thirty seven and an half cents, and on every hundred acres of third rate land twenty five cents, to be expended in the same manner as directed by the act to which this is an amendment: Provided however, that the tax on land for road purposes within the Connecticut Western Reserve, shall be expended and laid out in the surveyed township from whence the tax is derived, and so much of the thirty second section of said act as is contrary to this act be and the same is hereby repealed.

Sec. 2. Be it further enacted, That no chattel tax shall be aid within any township in this state for road purposes, except such tax shall be voted by a majority of the electors of such township at their annual township meeting.

Sec. 3. Be it further enacted, That where there is any money remaining in the treasury of any county within this state arising from the tax on land, for improving roads and highways, levied and collected in the year one thousand eight hundred and nineteen, the county auditor is hereby authorised and required to call on the county treasurer, and ascer

tain, as near as may be, the amount of such money and make an apportionment thereof to the different townships to which it belongs, as near as may be in his power to do, in proportion to the amount of tax paid in money by the townships respectively, and transmit a copy of the apportionment to the county treasurer: and it shall be the duty of the county auditor, on application of either of the trustees of the proper township, to draw an order on the county treasurer in favor of such township, for the amount assigned them, to be expended on roads and highways within the township, agreeably to the provisions of the act to which this is an amend

ment.

Sec. 4. And be it further enacted, That it shall be the duty of the trustees of each township, if such trustees shall deem it necessary, to purchase and have deposited in each highway district which may require it, a sufficient number of ploughs, scoops or scrapers, for the purpose of facilitating labor on the public highways, and which are to be used exclusively for that purpose; the expense of which shall be paid out of any money in the towuship treasuries respectively on the order of the trustees.

JOSEPH RICHARDSON,

Speaker of the house of Representatives.
ALLEN TRIMBLE.

February 2, 1821.

Speaker of the senate.

CHAPTER XCI.

An act for the relief of James Ewing, sheriff of Union county. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the sum of sixty nine dollars and

eighty five cents, shall be paid to James Ewing sheriff of Union county for keeping two prisoners who were sent from said county to the penitentiary, to be paid on the order of the auditor out of any monies in the treasury not otherwise appropriat ed JOSEPH RICHARDSON,

Speaker of the house of representatives.
ALLEN TRIMBLE,

February 2, 1821.

Speaker of the senate.

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CHAPTER XCII.

An act to amend the act entitled an act defining the duties of justices of the peace and constables in criminal and civil caces, passed February twenty third eighteen hundred and twenty,

Provision when the term of
justice is about to expire 1
Amicable suits how conducted 2
Plaintiff failing to attend at

trial to be non suited ib.

ib.

Action may be renewed
Penalty on constable for neg
lect in notifying plaintiff ib.
Repealing clause

3

Sec. 1. Be it enacted by the General Assembly of the state of Ohio, That in all cases where judgment is entered by a justice of the peace whose term of service is about to expire, it shall be lawful for said justice of the peace to take bail for stay of execution, or grant an appeal within the time pointed out by the act to which this is an amendment, in the same manner as though the term of service of said justice had not expired.

Sec. 2. Be it further enacted, That, where parties agree to enter without process before any justice of the peace, any action made cognizable before him, such justice shall enter the same on his docket, and shall

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