Lands sold by the state by this act. this act contained, shall in anywise extend to or not affected affect the sale of lands by the state, for any debt or taxes due thereto; but all lands in this state, the property of individuals, who may be indebted to the state, or any corporate body, either for taxes or otherwise, shall be sold, without extent or valuation, for the discharge of such debt or taxes, agreeably to the law or laws of this state in such case made and provided, anything in this act to the contrary notwithstanding. Certain laws repealed. Sec. 20. And be it further enacted, That the law, subjecting real estate to execution for debt, adopted from the Pennsylvania code and published at Cincinnati, the first day of June, one thɔusand seven hundred and ninety-five, and an act, passed under the territorial government, the nineteenth day of January, one thousand eight hundred and two, so far as the same may relate to judgments to be entered, after the passage thereof, be and the same is hereby repealed. But for the purpose of satisfying all judgments which have heretofore been entered, the same shall be and remain in force and for no other purpose whatsoever, anything in this act to the contrary notwithstanding. MICHAEL BALDWIN, Speaker of the house of representatives. DANIEL SYMMES, Speaker of the senate. February 16, 1805. CHAPTER VI. An act, to amend an act, entitled, "An act, establishing an university in the town of Athens." appointed. Sec. 1. Be it enacted by the general assembly of Appraisers the state of Ohio, That James Denny, Emanuel Carpenter, Jr., Isaac Dawson, Pelatiah White and Ezekiel Deming, residents of this state, are appointed appraisers of the two college townships numbered eight and nine, in the fourteenth range of townships within the grant of land made to the Ohio company of associates, and the said appraisers or any three of them, on oath or affirmation, are hereby required to appraise the townships aforesaid, within nine months, at the present real value as in its original and uncultivated state, and make report thereof to the board Their duty of trustees of the said university; and the said trustees shall lease the same to any persons who have or may apply, agreeable to law, for the term of ninety-nine years, renewable forever, with a fixed annual rent of six per centum on the appraised valuation: Provided, That no lands shall Proviso, as be leased at a less valuation than at the rate of one dollar and seventy-five cents per acre. Sec. 2. Be it further enacted, That the commissioners aforesaid shall meet on the first day of April next, at the town of Athens, who shall then proceed to discharge the duties imposed on them by this act, and the act to which this act is an amendment, and the same to have performed within the time mentioned in this act. Sec. 3. Be it further enacted, That the trustees to leasing. Commission ers to meet first of April. Trustees authorized to remove persons neglecting to take lease, etc. Secretary of state to give notice to commissioners. Part of former act repealed. Commencement of this act. of the corporation of the said university lands, are hereby authorized and empowered, to remove, by due course of law, all persons living on said lands, in case such persons refuse or neglect to take leases within six months after the valuation of the lands aforesaid. Sec. 4. Be it further enacted, That the secretary of this state, shall cause notice to be given as soon as convenience will permit, to each of the commissioners aforesaid, of their appointment under this act; and the commissioners respectively, on receiving the notice aforesaid, shall, within a reasonable time thereafter, forward to the governor of this state, their determination to accept or not to accept the appointment under this act made. Sec. 5. And be it further enacted, That so much of the aforesaid act, passed the eighteenth day of February, one thousand eight hundred and four, as is contrary to this act, be and the same is hereby repealed. This act shall be in force, from and after the passage thereof. MICHAEL BALDWIN, Speaker of the house of representatives. DANIEL SYMMES, Speaker of the senate. February 21, 1805. CHAPTER VII. An act, allowing and regulating writs of attach ment. agent or at torney mak ing oath, Sec. 1. Be it enacted by the general assembly of Creditor, the state of Ohio, That if any creditor, or in case of his absence or disability, his agent or attorney, shali make oath or affirmation, in writing, before any judge of the supreme court, president or associate judge of the court of common pleas, or justice of the peace, that his debtor absconds to the injury of his creditors, as he verily believes, and shall file such oath or affirmation with the clerk of the supreme court, or the clerk of the common pleas, such clerk shall thereupon issue a writ of attach- clerk to ment, directed to the sheriff or coroner, as the case may require, commanding him to attach the lands, tenements, goods, chattels, rights, credits, monies and effects of such debtor, wheresoever they may be found; and if any clerk shall issue such writ of attachment, before oath or affirmation be taken and filed as aforesaid, such writ shall be quashed on motion, at the proper cost of the clerk issuing the same. issue writ. Quashed if issued be fore oath, etc. executing Sec. 2. Be it further enacted, That the manner Manner of of executing such writ, shall be as follows: The writ officer to whom it is directed, shall go to the place where the defendant's property is or may be found, and there, in the presence of two credible persons at least, declare, that, by virtue of the writ to him directed, he attaches the lands, tenements, goods, chattels, rights, credits, monies and effects of the said defendant, at the suit of such plaintiff in attachment, and the said officer, with and return. Property attached, to remain in the keeping of unless bond and security be given for its forthcoming. the assistance of two or more respectable freeholders, who shall be under oath or affirmation, shall make a true inventory and appraisement of all the property so by him attached, which inventory and appraisement shall be signed by the said officer and freeholders aforesaid, and shall be annexed to and returned together with the writ; and the said officer shall endorse, on the said writ, the time of serving the same and subscribe his name thereto, and the property so attached shall be bound from the time of serving such attachment. Sec. 3. Be it further enacted, That the property so attached shall remain in the care and safe keepthe officer, ing of the said officer, to abide and satisfy the judgment of the court, unless the garnishee or person in whose custody or possession the said property shall be found, shall enter into bond to the officer, with two good and sufficient sureties, being freeholders within the county, in double the appraised value of such property, with condition, that such property or the appraised value thereof, shall be forthcoming, to answer the judg ment of the said court: Provided, That in case voidable ac it shall be made to appear, to the satisfaction of the court, that the property so attached, or any part thereof, shall have been lost or destroyed, by unavoidable accident, it shall be in the power of the court to remit the value thereof to the person so bound as aforesaid. Proviso, in case of una cident. Persons hav ing property in possession, Sec. 4. Be it further enacted, That if the plaintiff of defendant or other credible person, shall make oath or affirmation, that he has good reason to believe and does verily believe, that any person or persons, naming such person or persons, hath or have property, |