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Commence ment

This act shall commence and be in force from and after the first day of June next.

JOHN SLOANE,

Speaker pro tem. of the house of representatives.

DANIEL SYMMES,

Speaker of the senate.

11th day of February, A. D. 1805.

cords

CHAPTER LII.

An act defining and regulating the duties of the
secretary of state,

Secretary of Sec. 1. Be it enacted by the general assembly
state to take of the state of Ohio, That all public acts, laws
charge of and resolutions, heretofore made and passed by
public re
the territorial legislature, or heretofore made and
passed, or which shall be made and passed by
the general assembly of this state, shall be care-
fully deposited in the office of the secretary of
state, which said office shall at all times be kept
at the seat of government; and the secretary of
state is hereby charged with the safe-keeping
of the said office, and of all public laws, acts
and records deposited, or which shall hereafter,
be deposited therein.

Sec. 2. Be it further enacted, That the secreTo make out tary of state shall cause to be made out true and copies of all acts, &c. and accurate copies of all laws, acts and resolutions superintend of the general assembly, which shall be ordered printing

to be printed, with necessary marginal notes; and such copies so made out, he shall deliver to the person or persons authorised to print the same; and the secretary of state shall likewise superintend the printing of such laws, acts and resolutions, carefully comparing the printed co

pies with the original laws and rolls deposited
in his office, correcting all errors that may ap-
pear in such printed copies, and shall make and
cause to be printed, at the end of such printed
copy, his certificate, that the acts and resolu-
tions so printed are exact copies of the rolls in
his office; and also a table of contents, referring
to the
page on which each act commences.

Sec. 3. Be it further enacted, That the se- To cause the cretary of state shall cause to be distributed into laws to be dis the several counties in this state, the printed tributed laws and journals of the general assembly, and likewise so many of the laws of the United States as shall be allowed to the several counties respectively, in such numbers and in such manner as is or shall be provided for by the general assembly, and the reasonable expences attending such distribution shall be paid out of the state treasury.

Sec. 4. Be it further enacted, That all com- To counter missions, required by law to be issued by the sign commis governor, shall be countersigned by the secre- siens, &c. tary of state, who shall make a register of each commission, specifying the person to whom it is granted, the office conferred, and the date and tenure of such commission, in a book to be provided and kept for that particular purpose.

To procure

Sec. 5. BE it further enacted, That the se cretary of state shall procure a seal of the supreme court for each clerk thereof that may be seals appointed, of one inch and three-fourths in dia meter; and also one other seal one inch and a half diameter, for the use of each and every county hereafter to be erected, on which seals shall be engraved the following device on the right side, near the bottom, a sheaf of wheat, Device and on the left a bundle of seventeen arrows, both standing erect in the back ground, and

Repealing clause

Commence ment

rising above the sheaf and arrows; a mountain, over which shall appear a rising sun: The seal. of the supreme court to be surrounded by these words, "The supreme court of the state of Ohio;" and the county seal with these words, "common pleas of the county of :" and

the expense of said seals to be paid out of the state treasury.

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Sec. 6. And be it further enacted, That an act, entitled An act defining and regulating the duties of the secretary of the territory,' passed the first day of January, eighteen hundred and two, and the act, entitled An act designating the duties of the secretary of state, passed March twenty-fifth, eighteen hundred and three, be, and the same are hereby repealed.

This act shall take effect and be in force from and after the first day of June next.

MICHAEL BALDWIN

Speaker of the house of representatives.

"

Speaker of the senate.

DANIEL SYMMES,

19th February, A. D. 1805.

Persons in solvent may

CHAPTER LIII.

An act for the relief of insolvent debtors.

Sec. 1. Be it enacted by the general assembly of the state of Ohio, That any person having petition for resided within this state for the term of two relief years, who is insolvent, and unable to pay his just debts, may, by petition in writing to the court of common pleas, in and for the county in which said person resides, obtain relief in manner as hereafter prescribed.

Sec. 2. Be it further enacted, That before and exhibit a any insolvent person shall be entitled to the be, schedule of his property nefit of this act, such person on his application as aforesaid, in a schedule for that purpose made,. shall exhibit to the court an accurate statement of all debts by him owing, and of all debts and demands to him due or accruing, and of all property, of every kind and description, by him owned, possessed or claimed.

Notice to be

Sec. 3. BE it further enacted, That the court to whom application as aforesaid shall be made, given by the shall cause such notice of the pendency of such court of the petition to be given, in one or more of the public pendency of newspapers printed in this state, giving at least petition sixty days notice of the time and place of the court acting upon such petition, which notice shall be published at least three weeks succesşively: The court, on the final hearing of such petition, shall cause the applicant, on oath or af- On final firmation, to attest to the truth of his petition applicant to hearing the preferred, and to the schedule exhibited, and make oath that he will, without fraud or deceit, deliver up and convey to such person as the court may appoint, in trust and for the use of his creditors, all his estate both real and personal, and that he never has, directly nor indirectly, in any way or manner, disposed of any of his property, with a view thereby to injure or defraud any of his creditors, and the court may cause snch applicant, on oath or affirmation, to answer such questions as may be put to him, relating to his property.

Sec. 4. BE it further enacted, That on the Court to ap final hearing and determination of the court, on point trus the petition of any insolvent debtor, it is hereby tees made the duty of the court to appoint one or more trustees, for the purpose of accepting and receiving a conveyance or assignment from each

insolvent petitioner, of all the lands, tenements, hereditaments, goods, chattels, rights, credits and effects (excepting such effects as are hereinafter excepted) as the said petitioner may pos sess; and before the trustees, appointed as who are to give bond aforesaid, proceed to act under the authority of and security their appointment, they shall give bond to the court, with sufficient sureties to the acceptance

Trustees

their power and duty

After collect ing debts to make distri

bution

of the court, in double the amount of the property to them transferred by such insolvent petitioner, conditioned for the faithful performance of their trust.

Sec. 5. Be it further enacted, That the said trustee or trustees are hereby empowered to determine and adjust all controversies which arise in the settlement of such insolvent petitioner's affairs, either by suit at law or by arbitration, and such insolvent petitioners, in all cases, shall be entitled to a set off of all de. mands against any and every creditor having claim against him; and the trustees may insti tute any suit or suits for the recovery of any and all debts, dues and demands, which may have been transferred or conveyed to them as aforesaid, in trust for the use of the creditors, and no suit instituted by such insolvent petitioner, and which is pending at the time of his assignment, shall abate thereby, but shall be continued in his name, and, if recovery shall be had, the avails thereof shall be assets in the hands of the trustees for the payment of the debts of the insolvent petitioners.

Sec. 6. Be it further enacted, That the trustees aforesaid, after having collected all the debts, dues and demands to them assigned, in trust as aforesaid, and after having converted all other property to them assigned, in trust aforesaid, into money, shall proceed without delay

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