Penalty for demanding more taxes than due. Collector failing to ment, how proceeded against. Sec. 15. Be it further enacted, That if any collector shall demand or receive from any person more than their proper taxes, or shall in the sale of property for taxes, act contrary to the provisions of this act, he shall, for every such offense, pay double the amount of damages sustained, to be recovered by the party injured, before any court having jurisdiction thereof. Sec. 16. Be it further enacted, That if any colmake settle lector shall fail or neglect to settle his account and pay the full amount of the tax contained on his duplicate, in manner aforesaid, into the county treasury, on or before the first day of January, annually, it shall be the duty of the court having jurisdiction thereof, on motion of the commissioners (they having given such delinquent collector and their securities, their executors or administrators, ten days previous notice, in writing, delivered personally or left at their usual place of abode) to give judgment against such delinquent collector, his sureties, his or their heirs, executors or administrators, for the amount due the county, with twelve per cent. damages thereon: Provided, That if any such collector shall produce to the court, to which he is notified, his account, duly authenticated, judgment shall not be given for more than the balance due the county, with interest as aforesaid, and costs, in which shall be taxed any sum the court may deem a reasonable compensation to the commissioners, for giving the notice aforesaid. Proviso Persons aggrieved by lister, etc., appeal to Sec. 17. Be it further enacted, That if any person or persons shall conceive him, her or themcommission selves aggrieved by the conduct or decision of the lister, appraisers or collectors, such person or ers allowed. persons may appeal to the commissioners, notifying the lister, appraiser or collector (as the case may be) of his intention and the cause of his grievance, at least ten days before the time fixed on for a hearing, which notice shall be in writing and delivered personally, or left at his most usual place of abode, and the commissioners shall hear and determine on the same at their next meeting, and see that justice be done to those concerned. Sec. 18. Be it further enacted, That if any perscn or persons shall conceive him, her or themselves aggrieved, by the decision of the commissioners in any case, such person or persons may appeal to the associate judges of the court of common pleas, notifying the commissioners of such intention, the particular point of grievance and time of meeting, at least ten days before the time of trial, which notice shall be in writing and delivered personally to the commissioners, and the associate judges shall, at their next meeting, hear and determine the same, which decision shall be final. Sec. 19. And be it further enacted, That "An act, to regulate county levies," passed at Cincin nati on the nineteenth day of December, one thousand seven hundred and ninety-nine, and all acts and laws or parts thereof, which are therein repealed; also all acts, laws or parts of laws, amendatory thereto, are hereby declared to be repealed: Provided, That all taxes, laid under the authority of those laws aforesaid, or either of them, and which are or shall be unpaid, at the taking effect of this law, shall be collected under the authority of said laws, in the same manner and under the same regulations as though this law had never been made. Appeal from ers to associ allowed. commission ate judges certain pealed. laws re Commencement. This act shall commence and be in force, from and after the first day of March next. MICHAEL BALDWIN, Speaker of the house of representatives. DANIEL SYMMES, Speaker of the senate. February 19, 1805. Widow to be endowed of one equal third part of erty. CHAPTER X. An act, relating to dower. Sec. 1. Be it enacted by the general assembly of the state of Ohio, That the widow of any person the real prop dying intestate or otherwise, shall be endowed of one full and equal third part of all the lands, tenements or other real estate of which her husband was seized as an estate of inheritance, at any time during the coverture, to which she shall not have relinquished her right of dower, by deed duly executed and acknowledged; and she shall, in like manner, be endowed of one-third part of all the right, title or interest, that her husband, at the time of his decease, had in any lands and tenements, held by bond, article, lease or other evidence of claim, and until such dower shall be Until dower assigned, it shall be lawful for her to remain and to remain in continue in the chief mansion-house and the is assigned, the mansion house. messuage or plantations thereto belonging, without being chargeable with rent for the same. Sec. 2. Be it further enacted, That if any estate shall be conveyed to a woman as jointure in lieu of what cases right of be barred. dower shall her dower, to take effect immediately after the death When and in of her husband and to continue during her life, such conveyance shall bar her right of dower to the lands and tenements which were her husband's, but if the jointure or conveyance was made when the feme was in infancy, or if made after marriage, in either case the widow, at her election, may waive her jointure and demand her dower. The widow election to make her within six months. if willed lands, etc. Sec. 3. Be it further enacted, That whenever any person shall leave any part of his lands, tenements or hereditaments to his wife by will, she shall, within six months after the death of her husband, make her election, whether she will take by the will or by her right of dower: Provided, Proviso. That the court may, for good cause shown, give a farther time to any widow to make her election, not exceeding eighteen months from the death of her husband, unless the husband shall specially set forth in his will, that such provision was made and given in addition to the widow's right of dower; and in case all the heirs to the estate are of age, and the widow and the heirs can agree on a division and on settlement of the estate, they shall make return of such their agreement to the court of common pleas, which settlement and agreement shall be valid and binding on the widow and the heirs. when a can be return same division, etc., agreed to, to the court of common pleas. when the contract of shall not de wife after Sec. 4. Be it further enacted, That no contract of the husband or recovery against him of any the husband lands, tenements or hereditaments, being the inheritance or freehold of his wife during the coverture between them, shall in anywise deprive the wife, after the death of her husband, of any prive the her right, Conveyance in lieu of dower failing right which she had or might have, to such lands, tenements or hereditaments, or her heirs or any person who shall have right, title or interest to the same, by the death of such wife or widow. Sec. 5. Be it further enacted, That when any conveyance intended to be in lieu of dower, shall, to be a bar. through any defect, fail to be a legal bar thereto, and the widow availing herself of such defect, may demand her dower, and the estate and interest conveyed to such widow, with intention to bar her dower, shall thereupon cease and determine. Widow evicted from her jointure, how endowed. A wife leaving her hus band, forfeits her right of dower, etc. When lands, etc., are etc., the widow entitled to her dower. Sec. 6. Be it further enacted, That if any widow be lawfully evicted from her jointure, or any part thereof, without fraud in her, she shall be endowed of as much of the residue of her husband's lands, tenements or hereditaments, whereof she before dowable, as the same lands, tenements or hereditaments, from which she was evicted, shall amount to. was Sec. 7. Be it further enacted, That if a wife willingly leave her husband and dwell with her adulterer, she shall lose and be barred of her right of dower, but if she shall return and her husband shall be reconciled to her and dwell with her, she shall be restored to her right of dower. Sec. 8. Be it further enacted, That in case a lost by fraud, person shall be impleaded for lands or tenements, and giveth up the same by covin or fraud, after the death of the husband, the wife may recover her dower of the same, and in case the husband loseth the land in demand by default, and his wife, after his death, demand her dower therein, she shall be heard, and if the widow can establish the right of the husband to the lands and tene |