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Where panel is incomplete, to summons talesmen.

No appeal al

lowed.

Proviso.

certiorari.

Sec. 4. Be it further enacted, That if by accident or challenge, on the day assigned for trial, there should not be a full jury, the sheriff or coroner (as the case may be) shall fill the panel with talesman as in other cases: Provided, They have the qualifications required by this act.

Sec. 5. Be it further enacted, That no appeal shall be allowed from the judgment of the justices: Provided nevertheless, That the proceedings may Removal by be removed by certiorari, into the court of common pleas, holden in such county, and be there quashed for irregularity, if such there be; nor shall such judgment be a bar to any after action brought by either party.

This law not to affect

three years quiet possession.

Repealing clause.

Commencement.

Sec. 6. Be it further enacted, That nothing in this act contained, shall be construed to extend to any person, who hath had the occupation or quiet possession of any lands or tenements, for the space of three whole years together next before, and whose estate therein is not ended or determined.

Sec. 7. Be it further enacted, That a law, against forcible entry and detainer, adopted from the Massachusetts code, and published at Cincinnati, the fourteenth day of July, one thousand seven hundred and ninety-five, be and the same is hereby repealed.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.

DANIEL SYMMES,

Speaker of the senate.

February 2, 1805.

CHAPTER XVIII.

An act, fixing the rate of interest and for preventing

usury.

entitled to

at the rate of per annum.

six per cent.

Sec. 1. Be it enacted by the general assembly of Creditors the state of Ohio, That all creditors shall be entitled interest, to receive interest on all money, after the same shall become due, either on bond, bill, promissory note or other instrument of writing or contract for money or property, on all balances due on settlement between parties, or money withheld by unreasonable and vexatious delay of payment, and all judgments obtained from the date thereof, until such debts, money or property is paid, at the rate of six per cent. per annum, and no more; and if any person shall demand or receive more than six per cent. per annum, on any contract, debt or demand whatever, such person shall forfeit the whole amount of the debt on which such illegal interest was charged or received, on due proof thereof being made, before any court hav. ing jurisdiction thereof, the one-half thereof to be paid into the county treasury, for the use of the county, and the other to the informer or person prosecuting: Provided, That nothing herein contained shall be so construed as to prevent any person, to whom any money or property may be due as aforesaid, from making such discount as such person may think proper for receiving prompt payment.

Sec. 2. And be it further enacted, That a law declaring what laws shall be in force, published at Cincinnati, July 14, 1795, and an act regulating the interest of money and fixing the same at six

15-Vol. 3

Proviso.

Repealing clause.

When to take effect.

per centum per annum, and for preventing usury, passed November 15, 1799, are hereby repealed.

This act shall take effect and be in force, from and after the passing thereof.

MICHAEL BALDWIN, Speaker of the house of representatives. JOSEPH KERR,

Speaker pro tem. of the senate.

December 29, 1804.

Deeds, how to be executed,

edged.

CHAPTER XIX.

An act, providing for the execution and acknowl edgment of deeds.

Sec. 1. Be it enacted by the general assembly of ine state of onio, That all deeds for the conveyance of lands, tenements and hereditaments, situate, lying and being within this state, shall be signed and sealed by the grantor, in presence of and acknowl two witnesses, who shall subscribe the said deed or conveyance, attesting the acknowledgment of the signing and sealing thereof, and if executed within this state, shall be acknowledged by the party or parties, or proven by the subscribing witnesses, before a judge of the court of common pleas or a justice of the peace, in any county in this state.

Husband and wife, how to convey the

estate to the wife.

Sec. 2. Be it further enacted, That where any husband and wife shall incline to dispose of and convey the estate of the wife, or her right in or to any lands, tenements or hereditaments whatsoever, it shall and may be lawful for the said hus

whom to edge the

same.

examina

hand and wife, she being not less than eighteen years of age, to make, seal, deliver and execute, any grant, bargain and sale, lease, release, feoffment, deed, conveyance or assurance, in the law whatsoever, for the lands, tenements and hereditaments, intended to be by them passed and conveyed, and after such execution to appear before a judge of the supreme court or court of Before common pleas, or a justice of the peace, and ac- acknowl knowledge the same, which judge or justice of the peace is hereby authorized and required to take such acknowledgment, in doing whereof, he shall examine the wife separate and apart from her husband, and shall read or otherwise make known Manner of the full contents of such deed or conveyance to the tion, said wife, and if, upon such separate examination, she shall declare that she did voluntarily and of her own free will and accord,,seal, and as her act and deed, deliver the said deed or conveyance without any coercion or compulsion of her husband, every such deed or conveyance shall be and the same is hereby declared to be, good and valid in law, to all intents and purposes, as if the said wife had been a scle and not covert at the time of and cersuch sealing and delivery, and the judge or justice taking such acknowledgment, shall, under his hand and seal, certify the same upon the back of the deed or conveyance.

Sec. 3. Be it further enacted, That all deeds and conveyances of lands, tenements and hereditaments, situate, lying and being within this state, heretofore executed, and which said deeds and conveyances have been or hereafter may be acknowledged or proved, according to and in com.pliance with the laws and usages of the territory, state or country, in which such deeds and convey

tificate.

convey.

Deeds and ances of lying within heretofore be valid,

land, etc.,

this state,

executed, to

and admitted to record.

Proviso.

Deeds, etc.,

hereafter to

of this state,

ances were acknowledged and proved, or in which they shall have been acknowledged or proven, are hereby declared effectual and valid in law, to all intents and purposes, as though the same acknowl edgments had been taken or proof of execution made within this state, and in pursuance of the acts and laws thereof, such deeds and conveyances, so acknowledged and proved as aforesaid, may be admitted to be recorded in the respective counties in which such lands, tenements and hereditaments do or may lie: Provided, That all deeds and conveyances of lands, tenements and hereditaments, situate, lying and being within this state, which have been acknowledged or proved in any other territory, state or country, according to and in compliance with the laws and usages of such territory or country, and which deeds or conveyances have been recorded within this state, be and the same is hereby confirmed and declared effectual and valid in law, to all intents and purposes, as though the said deeds or conveyances so acknowledged or proved and recorded, had prior to being recorded, been acknowledged or proven within this state.

Sec. 4. Be it further enacted, That all deeds be made out and conveyances of lands, tenements and hereditaments, situate, lying and being within this state, which shall hereafter be made and executed in any other territory, state or country, whereby such lands, tenements and hereditaments shall be conveyed in whole or in whole or in part, or otherwise affected and encumbered in law, shall be acknowledged or proved and certified as aforesaid, and recorded in the county in which such lands, tene in one year. ments and hereditaments, so conveyed or affected, shall be situate, within one year after the day on

how certified.

To be recorded with

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