Lapas attēli

or remove beyond seas, the further time of one year from the removal of such disability is allowed him, within which he may assert in equity his right to redeem.

Ch. 56.-Internal Improvement. The 'Petersburg Railroad Company incorporated by the legislature of Virginia with a capital stock of $400,000, for the purpose of constructing a railroad from Petersburg to some point on the North Carolina line, is vested with corporate powers by the legislature of this state, and authorized to continue the railroad to the north side of the Roanoke river, where it first strikes the bank of the river, at a point not above the town of Weldon, nor below the town of Halifax.'

Ch. 107. The 'Fayetteville Railroad Company' is incorporated with a capital stock of $20,000, for the purpose of constructing a railroad from Fayettville, to the Cape Fear river, at Campbelton.

Ch. 118. The Mattamuskeet Lake Canal Company, is authorized to cut a canal 15 feet wide and 4 feet deep, from the north side of Mattamuskeet Lake into Alligator river, and to construct a road between the same points, near the margin of the canal.

An act was passed for the improvement of the navigation of New Hope river, in the counties of Chatham and Orange.

Three turnpike road companies were incorporated.

Miscellaneous. A large proportion of the acts of this session relate to the county courts, prescribing the times of their sessions in particular counties, &c. Several acts were passed regulating the payment of jurors in certain counties. Eight acts relate to the establishment of poor houses, &c.

Acts were passed for the incorporation of two towns; a ferry company; a bridge company; two military companies; seven academies; the 'Fayetteville Female School of Industry,' and the Elizabeth City Dorcas Society.'

[ocr errors]


At the session of the legislature of Ohio, held in February, 1831, a number of statutes previously passed, of a general nature, were ordered to be reprinted, and the laws on a great number of the most important subjects having been thoroughly revised, digested, modified and enlarged, were passed into laws in a new draft; and all the acts thus enacted or ordered to be reprinted, of which the newly enacted laws constitute by far the greatest proportion, indeed almost the whole are printed in a volume, numbered the 29th volume of Ohio laws, which is in effect the

[ocr errors]

[merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

revised code of Ohio. The revision seems to be very faithfully and skilfully done, and supplies many provisions worthy of being copied into the laws of some of the older states.

The volume commences with the laws of the United States on the subject of naturalization; for the regulation of seamen ; respecting fugitives from justice, and persons escaping from the service of their masters; concerning the surveying of public lands; and the appropriation of public lands in Ohio for schools. In the first citation of a statute we refer to the page in this volume, and then to the sections of the law.

Courts. The Supreme Court consists of four justices; the one holding the oldest commission or having first held a commission in the court; or, in case of the two oldest commissions of the same date, the elder of the two judges holding them, is styled the 'Chief Judge.' The supreme court has original jurisdiction concurrent with the common pleas in capital cases, and in civil causes where the matter in dispute exceeds $1,000; and appellate jurisdiction in all civil cases from the common pleas.

The common pleas consists of a president and three associate justices; and has original jurisdiction in all civil cases not cognizable before a justice of the peace, and appellate jurisdiction from justices of the peace; it also acts as a court of probate, in regard to the administration of the estates of persons deceased; appoints guardians to minors, idiots and lunatics; and has jurisdiction of their accounts; it has exclusive original jurisdiction of all crimes and offences not capital, and jurisdiction concurrent with the supreme court in capital cases.

Practice. A statute, p. 56, of 120 sections, repeals former statutes and makes general provision for process, service, bail, nonsuit, defaults, judgment, costs, execution, levy, appeals, &c.

Persons Imprisoned on Mesne Process. Whenever a person imprisoned on mesne process, shall not be charged in ten days after judgment, he shall be discharged. s. 21.

Joint Obligors. It shall be lawful for the plaintiff, after a writ shall be returned, "served," on one or more of the defendants, to file his declaration against such defendant or defendants, suggesting the return as to such as have not been served with the same, and shall proceed to final judgment against the defendant so served.' s. 36. The plaintiff may, by a writ of scice facias, after obtaining judgment as aforesaid, cause any defendant, on whom the original writ in said cause had not been served, to be made parties to said judgment, unless he show good cause why judgment should not be rendered against him." s. 37. [This is a very good




provision and supplies a defect existing in the laws of some of the states, where in case of some of the debtors being out of the jurisdiction of the court at the time of the service, and not made parties to the suit, they are thereby absolutely discharged from the debt.]

Paying money into court.

In any action the defendant may bring into court the amount he admits to be due and costs to the time, and unless the plaintiff recovers more, he shall be liable for costs. s. 46. [This provision appears to be intended to extend to all actions whatsoever in which damages are claimed, unless the expression admits to be due,' should be construed to limit it.]

Evidence of special matter may be given under the general issue, notice thereof being given with the plea. s. 48.

A plea in abatement is not admissible without affidavit of its truth. s. 49.

The non-joinder of defendant partners being pleaded in abatement, shall not abate the writ, but the parties omitted may be summoned and joined. s. 50.

[The preceding provision tends so obviously to the furtherance of justice, and the abridgment of expense, that it seems singular that it has not been incorporated into the laws of all the states.] Actions may be consolidated, or unnecessary counts struck out, on motion of the defendant.


s. 80.

A judgment lien expires at the end of five years.

s. 85.


Contempt of authority in any cause or matter in hearing' may be punished by the supreme court or common pleas, by fine or imprisonment, or both.' s. 98.

Writs of error shall not be brought but within five years after rendering the judgment complained of, or after the disability of a feme covert, &c. ceases. s. 104.

Amendment after judgment. Pleadings may be amended at any time before writ of error brought, upon such terms as the court may prescribe. s. 105.

Opinions of the court with the reasons of their judgment, are to be written, and filed, in cases of error, appeals, issues in law, demurrer to evidence, motions in arrest of judgment, or for a new trial founded on supposed misdirection to the jury, or improper admission or irrelevancy of testimony; or upon allegation that the verdict is against law; and in case of disagreement of the judges, the dissenting judges are required to give the reasons of their dissent, to be filed in the case. s. 115.

Chancery Practice. Another act, p. 81, embraces the whole subject of chancery proceedings and practice, authorizing the

court, however, to be governed by the general rules of chancery practice, where no provision is made by law to the contrary.

Judgment Lien. A judgment shall operate as a lien on the debtor's lands in the county where the judgment is given. Lands in other counties may be seized on the execution. p. 101.

Seizure of Chattels. Where chattels seized on execution as belonging to the debtor, are claimed by some other person, the sheriff is directed to give notice thereof to a justice of the peace who orders a jury to be summoned to try the right to the property; whose verdict is to govern the officer as to levying on the chattels. s. 8.

Levy on Lands. Lands liable to satisfy a judgment, are appraised, and are not sold unless two thirds of the appraised value is bid for them. s. 12.

Sheriff's Deeds. Where a sheriff, having sold land to satisfy an execution, goes out of office before giving a deed, his successor may make a deed. s. 20.

Surety. In case of joint judgment against principal and surety, the clerk is directed to minute which is the principal, and the execution is not to be levied on the lands or goods of the surety until those of the principal, within the jurisdiction of the court, are exhausted. s. 26.

Goods exempted from Execution. A debtor having a family is entitled to the exemption from seizure on execution, of 'one cow, twelve sheep and the wool shorn from them, all the flax in the possession of such family, and the yarn and thread manufactured therefrom; two spinning wheels, two beds, bedsteads and bedding; the usual and common wearing apparel of such family; any quantity of cloth manufactured by such family not exceeding seventy-five yards;' furniture not exceeding the amount of $15; and tools of a mechanic not exceeding $75. s. 29.

Mayhem. If any person shall voluntarily, unlawfully, and on purpose, cut or bite the nose, lip or lips, ear or ears, or cut out or disable, any limb or member of any person, with intent to murder, kill, maim, or disfigure such person, he shall be imprisoned and kept to hard labor not less than three nor more than twenty years. p. 140.

Duelling is prohibited with severe penalties. s. 25.

Selling land without title, with intent to defraud, subjects the party to imprisonment and hard labor from 3 to 7 years.

s. 32.

Election of the court by which to be tried, whether the common pleas or supreme court, may be made by any person indicted for a capital offence, before the common pleas. p. 156.

Prisoner standing mute; a jury is empanneled to try whether he stands mute by the act of God; if they so find, he is to be remanded to prison, otherwise, a plea of not guilty is to be entered; and so also if he refuses to plead. s. 15.

Sabbath breaking by sporting, rioting, quarrelling, hunting, fishing, shooting, or doing common labor, (excepting works of necessity and mercy) is punished by fine, from $1 to $5. p. 161. Disturbing religious societies assembled to worship, is punished by fine not exceeding $20.

s. 3.

Profanity. If a person over 14 years of age, profanely curse or damn, or profanely swear by the name of God, Jesus Christ, or the Holy Ghost, he is liable to a fine from 25 cents to $1.

Puppet-shows, &c. A person exhibiting puppet-shows, wire dancing, tumbling, juggling, or slight of hand, for money, is liable to a fine of $10. s. 8.

Bull and bear baiting is prohibited under a penalty not exceeding $100; s. 11. Cock fighting, $20.

s. 12.

Justices of the peace, the number for each town is determined by the court of common pleas, and they are elected by the inhabitants of the town, p. 167; are commissioned by the governor, p. 169; have jurisdiction in disputed account, bill, note, or bond, less than $100, p. 171, 179; must keep a docket and transmit it to successors in the same town, p. 171; their certificate is evidence of what was done in suits or proceedings before them, p. 173. [The several acts defining the powers of justices of the peace and directing their proceedings, contain very full and minute provisions, and are easily understood and applied; circumstances of great importance such laws.] Limitations. Ejectment, or any other action for the recovery of the title or possession of land,' 21 years; forcible entry, 2 years; actions, on the case, covenant and debt on specialty or written contract, 15 years; actions on the case on contracts not in writing, 6 years; trespass, detinue, trover and replevin, 4 years; other actions 4 years; saving an additional period for persons under some disability. p. 214, 215. Actions on contracts barred by the laws of the place where they were made, are barred in Ohio. p. 215. 'Part payment or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same,' takes a debt out of the statute. p. 210.


Negotiable paper. Bonds, notes, &c. payable to bearer, order or assigns,' are negotiable by endorsement; and the endorsee may maintain a suit in his own name.

p. 217.

Fraudulent Conveyances. Deeds of gift and conveyances of

« iepriekšējāTurpināt »