Owner of boat, etc., making proof in and paying entitled to same. Sec. 8. Be it further enacted, That the owner of any such boat or craft, on proving his right limited time thereto, within the time hereafter limited, and payreward etc., ing to the taker up, for each perogue, flat or keel boat, the sum of two dollars; for each Kentucky or Orlean boat, the sum of five dollars, and for each skift or canoe, the sum of seventy-five cents, together with the fees allowed by this act, shall be entitled to demand and receive such boat or craft taken up as aforesaid. Right of property vested in taker up, in certain cases. erty does not vest, duty of taker up. Sec. 9. And be it further enacted, That if the appraised value of such boat or craft does not exceed ten dollars, and no person shall appear within two months after the taking up thereof, and prove his right thereto, the right of such boat or craft shall be vested in the person taking up Where prop- the same; but if the value shall exceed ten dollars and the owner does not appear and prove his right thereto, within two months, then the taker up shall deliver the same to any constable of the township, and take his receipt therefor; and the constable shall proceed to advertise, sell and pay over the money arising therefrom, in the same manner as is directed in the case of estray animals, by the fifth section of this act; and the owner of such boat or craft sold as aforesaid, shall be entitled to receive the amount thereof, out of the township treasury, in the same manner as is provided by the said section in the case of estray animals. Penalty on persons act Sec. 10. Be it further enacted, That if any pering contrary son shall neglect to perform the duties required to this act. by this act, or shall do anything contrary thereto, such person shall forfeit and pay a sum not exceeding one hundred dollars, nor less than one dollar, to be recovered by action of debt before any court having cognizance thereof, the one-half to be paid into the county treasury and the other half to the person suing for the same, and shall moreover be liable to the action of the party injured. clause. Sec. 11. Be it further enacted, That the act, Repealing entitled, "An act, regulating estrays," together with all other acts and parts of acts on the subject of this act, be and the same are hereby repealed. This act to take effect and be in force, from and commenceafter the first day of June next. MICHAEL BALDWIN, Speaker of the house of representatives. ment. February 19, 1805. DANIEL SYMMES, Speaker of the senate. CHAPTER XIII. An act, for the assignment of bail bonds. any writ or process Officer taking bond Sec. 1. Be it enacted by the general assembly of the state of Ohio, That if any person or persons shall be arrested by virtue of issuing out of any court of state, at the suit of any person or persons, or if from person any body corporate or politic, and the sheriff or other officer making service of such writ or process, shall take bail from such person or persons, against whom such writ or process shall be sued arrested. to plaintiff. Bond for feited, plain suit. out, the sheriff or other officer, at the request and costs of the plaintiff or plaintiffs in such action or suit, or his or their lawful attorney, shall asTo assign it sign to the plaintiff or plaintiffs in such action or suit, the bail bond so taking by endorsement thereon, under his hand and seal, in the presence of two or more credible witnesses, and if the said bail bond be forfeited, the plaintiff or plaintiffs in tiff may bring such action or suit, after such assignment made, may bring and prosecute a suit or action thereon, in his or their own name, and the court in which such action or suit shall be brought, may, by rule or rules of the same court, give such relief to the plaintiff or plaintiffs, defendant or defendants in the original action or suit, and to the bail upon the said bond, as shall be agreeable to equity and justice, and such rules of the said court shall be effectual and binding upon the parties, and have legal operation accordingly, either as defeasance of such bail bond or otherwise, according to the true and legal intent and meaning of such rule or rules. Court by rule, etc., may grant relief. Bail bond not valid unless conditioned for Sec. 2. Be it further enacted, That no bail bond shall be taken or held to be valid or legal unless appearance the same be conditioned for the appearance of the of defend ant. Repealing clause. When to take effect. defendant or defendants, at the time and place mentioned in the writ, and for causing bail to be entered to the action. Sec. 3. Be it further enacted, That the act, entitled, "An act for the assignment of bail bonds," passed the twenty-second day of January, one thousand eight hundred and two, be and the same is hereby repealed. This act shall commence and be in force, from and after the first day of June next. MICHAEL BALDWIN, Speaker of the house of representatives, DANIEL SYMMES, Speaker of the senate. February 2, 1805. CHAPTER XIV. An act, concerning testimony. depositions to be taken pending, esses ar moving or in cases de when witnesses are otherwise disabled. Sec. 1. Be it enacted by the general assembly of Authorizing the state of Ohio, That when any civil cause shall be pending in any court or before any justice of the peace in this state, and the writ or original summons shall have been served on the defendant, or be pending before referees or arbitrators, and if either of the parties in the cause, shall think it necessary to have the testimony therein of any person resident within the county, who shall be about to go out of the state and not to return in time for the trial, or shall be so sick, infirm or aged as not to be able to travel and attend the trial, then the deposition of such person may be taken before any judge of the supreme court, president or associate judge of the court of common pleas, or justice of the peace in said county, not being of kindred within the third degree, or of counsel or attorney to either party, or interested in the event of the cause: Provided, That ten days previous notice, in writing, be Ten days given to the opposite party, or to his or her notice to be attorney, if to be found in the said county, stating party or the person's name whose deposition is to be taken, the time and place of taking the same, also the 14-Vol. 3 opposite attorney. Requisites as to the notice. Proviso. Courts authorized to grant com missions, etc., to foreign county, state or country. name of the judge or justice before whom to be made, and if the opposite party to such action or suit cannot be found in the said county, and he or she hath no agent or attorney therein, on whom to make service, then a copy of such notice shall be left, at least ten days before the day of taking such deposition, at the last and usual place of abode of such party. Provided always, That nothing in this section contained shall be so construed as to authorize the court, justice or referees, before whom such action or suit shall be pending, to admit such deposition, so taken as aforesaid, to be read in evidence on the trial of the said cause, unless it shall be made fully to appear to the said court, justice or referees, that the person making such deposition is, at the time of the trial, actually out of the county or unable to attend upon the trial from some one of the causes aforesaid, nor to prevent any and all legal exceptions being taken and made to the caption of such deposition, the want of notice or any other defect in law. Sec. 2. Be it further enacted, That it shall be lawful for all courts of record within this state, on motion of any plaintiff or defendant, to grant their commission to any justice of the peace of any other county, state or country, to take depositions, to be read in evidence on the trial of any suit or action depending before the said court, and the said court, granting such commission, shall, by Lay, by rule, rule of the said court, lay the parties under such restrictions, as to giving and accepting notice of taking such depositions, as the court shall deem proper and expedient, for the furtherance of justice, which said rules, so to be made, shall be binding upon the parties to such action or suit. the persons under certain restrictions. |