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goods and chattels made in trust for the persons making the same, shall be void. No interest in lands is to be granted but in writing. p. 218.
Executors and administrators are appointed by the court of common pleas. p. 231. Property of the deceased is to be assigned to the widow and children sufficient for one year's support. p. 8. Temporary administration is granted when the existence or validity of a will is a matter of doubt or controversy. s. 8. An executor or administrator may be removed in case of neglect to comply with the law in administering, or 'waste of the estate.' s. 23. If the sureties of the executor or administrator believe that he is 'wasting or mismanaging the estate,' whereby they may become liable, the court may, on their application, require him to give the sureties a bond of indemnity, or, in case of his neglect to do so, remove him. In case of decease after the first of March, all the 'emblements' of the deceased's estate which shall be severed before the 31st of December following, shall be assets in the hands of the executor or administrator,' but if the decease is after the 31st of December, and before the first of March, the emblements on the lands at the time of the decease pass with the lands. s. 26. Executors and administrators appointed in another state may sell lands of the deceased in Ohio. s. 39. All liens on the estate of the deceased, as security for debts not presented to the executor or administrator shall expire and become void at the expiration of five years if the executor or administrator shall then have made a final settlement of his accounts, or if not, as soon after as he shall have made his final settlement. s. 42. But the heirs and devisees shall be personally liable to such creditors, to the amount of the assets received by them. s. 43. Executors and administrators appointed in another state, may bring suits in Ohio. s. 46.
Wills. Every species of property may be devised. p. 242.‘A will shall be in writing, signed by the party making, or by some person in his presence and by his direction, and attested in the presence of such party by two or more credible witnesses, who saw the testator subscribe, or heard him acknowledge the same.' s. 2. A will made by an infant is void. s. 3. A child reported to be dead at the time of making a will, or born afterwards, shall inherit as if no will were made. s. 6. If a devisee or legatee is a subscribing witness, and the will cannot be proved without his testimony, the devise or bequest shall be void, and he shall be competent as a witness; but if he would have been entitled to any share of the estate, in case such will was not established, so much of said share shall be saved to him as shall not exceed the bequest or devise.' s. 10. A verbal will made in the last sickness
of the deceased and proved by two witnesses is valid to pass personal estate. s. 11. But it cannot be proved after six months from the decease. s. 12. If lands in several counties are devised in a will, it must be recorded in each county.
Guardians are appointed by the common pleas. p. 247. Dower is given in all estates of inheritance of which the husband was seized during the coverture.
Descent and Distribution. The rules of descent of estates derived to the deceased by devise, inheritance or gift, are different from those of estates otherwise acquired. p. 252. The half blood is distinguished from the whole in descents. Title by descent may be derived through an alien ancestor. 'Bastards shall be capable of inheriting, or transmitting inheritance on the part of their mother.' s. 12. They are legitimated by the intermarriage of their parents. s. 13.
Betterments. Persons occupying lands under a title, which proves to be defective, shall, on being evicted by a better title, be allowed for betterments. p. 261.
Public buildings, are put under the superintendence of commissioners in each county, appointed for three years. p. 267.
An Assessor of taxes is appointed for each county, for two years; he appoints deputies. p. 270.
Taxes. Land held by or for a religious society, not exceeding ten acres, is exempted from taxation. p. 272. Lands and buildings used for school houses, academies and colleges; all property belonging to academies, excepting buildings owned, but not occupied by them; county poor-house lands not over 200 acres ; charity hospital buildings; lands sold by congress, for the term of five years after the sale; and s. 2, personal property of traders dealing in articles the growth or manufacture of the state, or the proceeds of such, not exceeding $200, are exempted; and no person is liable to be taxed for articles produced or manufactured by himself in the state. s. 3. Traders pay a tax of one per cent. per annum on their capital. s. 5. The valuation of property is finally settled by a board consisting of the county commissioners, auditor and assessor. s. 19.
County accounts are audited by a county auditor, elected by the electors of the county for two years. p. 280.
Lands sold for non-payment of taxes, are to be first advertised in a newspaper printed in the county, if any, or, if not, in one circulated in the county. p. 297. They may be redeemed within two years from the sale, or if belonging to femes covert, minors, insane persons, idiots, or persons in captivity, within two years after the disability ceases. p. 300.
Banks, bridges and insurance companies, are taxed 5 per cent.
on their dividends. p. 302.
Agents of insurance companies out of the state, must obtain a license, s. 3, and give a bond to account for profits annually, s. 4; they are taxed six per cent. on the amount.
Sales at auction of houses, lands, vessels and boats, are taxed one per cent. on the amount of sales: p. 304: Of tea, coffee, sugar, molasses, spices, salt, fish, oil, queen's ware, glass ware, wines, spirits, one and a half per cent. ; of other articles, two per
Licenses for taverns, are fixed at the discretion of the court granting them, not exceeding $50, nor less than $5. p. 310. Licenses to pedlers, of goods not produced or manufactured in the state, are $50 for each vehicle employed. p. 313.
The poor are supported by the county in which they have a settlement; blacks do not gain a settlement. p. 320.
Debtor and Creditor. A debtor, by delivering up his property, is discharged from imprisonment. p. 329.
Deed. A scrawl is a seal. p. 349.
County and state roads, must be 60 feet wide. p. 353; town roads 30 feet. p. 365.
Ohio State Canals. The bow of boats must be at least as sharp or acute as a semicircle.' p. 381. The masters of boats are required to pay a tax of 5 mills per mile for each passenger. s. 62.
Schools. The school tax is 3 1-4 mills on the dollar of the value of the taxable property throughout the state, excepting that of negroes and mulattos. p. 414. The tax of each township to be appropriated to the schools of each town. s. 22.
A permanent school fund is to be established out of the proceeds of the sales of lands appropriated by congress for the use of schools. p. 423 Donations may be made to the same fund. s. 5. An Asylum for the deaf and dumb is provided by the state.
Kidnapping of a free black is punished by imprisonment to hard labor, not less than three or more than seven years. p. 442. Toll for grinding and bolting wheat, rye, and other grain, is one tenth; for grinding or chopping rye, barley, or buck-wheat, one twelfth; for grinding corn, one eighth. p. 449.
Bills of Exchange. The damage on a protested foreign bill is 12 per cent.; on an inland bill, that is, one drawn upon a person within the United States and out of Ohio, 6 per cent. p. 462.
In actions against banks or bankers, on bank notes, the plain
tiffs may declare for money had and received. p. 453. Banks and bankers may, in actions on notes or bills of exchange, join makers and endorsers in the same action. s. 9. Banks are prohibited from issuing notes payable at a future day.
Bank Notes of less than five dollars issued out of the state are prohibited. p. 460.
Sureties on bills or bonds may give notice to the holders to commence suits against the principals upon them, and unless such suits are commenced within a certain time after such notice, the sureties shall be discharged. p. 461.
Aliens may hold lands in Ohio. p. 463.
Dogs. The owners of dogs are liable for the damage done by them, and a dog found worrying or killing sheep, may be killed. p. 467.
Wolves. The bounty for killing a wolf over six months old is $4,50; under, $2,50. p. 468.
Protection of the fur trade. The killing of muskrats from the 1st of May to the 15th of October is prohibited. p. 409.
Salaries. The salary of the governor is $1000; of the secretary of state, $800; of the treasurer of the state, $800; of the auditor of the state, $1000; of the supreme judges, $1200 each; and of the presidents of the court of common pleas, $1000 each. Stage Coaches. A driver of a stage coach is liable to be fined from $5 to 20 for running his horses, or leaving them not fastened, and the owners of the coach are answerable for the fine. p. 508.
At the session of the legislature of Delaware, commenced on January 4th, 1831, forty acts and nine resolutions were passed.
Ch. 68. Convention. This act provides for the election, by the people, of delegates to a convention, to be held on November 8, 1831. [The object of the convention is not stated.]
Ch. 84.-Expenses of Government. The sum of $12,000 is appropriated for the support of the government during the year 1831.
Ch 69.-Delaware Breakwater. No person shall, between November 1st and April 1st, sweep for, or take possession of anchors, cables, or buoys, within one mile's distance of the Delaware Breakwater, &c., under the penalty, for every such offence, of not less than 5 nor more than $50.' But this act is not to be 'construed to extend to such persons as may have lost anchors,
cables, or buoys.' The act is to continue in force until the completion of the Breakwater, or until the expiration of a year after the work shall have been abandoned by the United States.
Ch. 70.-Crimes. If any person pluck and carry away any Indian corn, or remove any of the materials from any fence, or cut down, &c. any oak, hickory, or other trees, without the consent of the owner, he is liable to be fined not less than $5, nor more than $200,' and may also be sentenced to suffer imprisonment, for a term not exceeding two months, if the court shall deem the circumstances to require such additional punishment.'
Ch. 82.—Internal Improvements. This act relates to the Newcastle and Frenchtown Turnpike and Railroad Company. The railroad is to extend from Newcastle on the Delaware river, to the Elk river, at or near Frenchtown in Maryland.
Ch. 83.—This is an act incorporating the Wilmington and Downingtown Railroad Company, for the purpose of constructing a railroad from Wilmington to the line of the state, in the direction of Downingtown, in Pennsylvania; the capital is to be $100,000, with the privilege of increasing the number of shares, so as that the capital stock shall not exceed $150,000;' if a company shall be incorporated by the state of Pennsylvania, for the purpose of constructing a continuation of the railroad to Downingtown, the two companies may be united, after the completion of their respective portions of the railroad, and the payment of all their debts.
Ch. 74.-Steamboat Company. The Wilmington and New Jersey Steamboat Company, is incorporated with the right to hold property not exceeding $30,000 in value, or of which the yearly income shall not exceed $8,000.
The following resolutions were passed.
A resolution, concurring with resolutions of the legislatures of Pennsylvania, Louisiana and Vermont, in regard to the constitutionality and expediency of the Tariff of 1828; the resolution also declares, that the construction of works of internal improvement is within the constitutional powers of Congress, and that the exercise of such power is highly expedient.
A resolution was passed dissenting from that of the legislature of Alabama, which recommends the re-election of Andrew Jackson, as President, disapproving of his rejection of the Maysville road bill, &c. and declaring Henry Clay to be a suitable person for that office.
A resolution was passed relating to the publication of reports of cases adjudged in the High Court of Errors and Appeals.