after such notice, be heard in his defense, and shall be allowed reasonable time to collect and prepare testimony in his justification.

Persons pro. Sec. 5. And be it further enacted, That no

hibited from

Fois person shall be permitted to practice as an attorney or counsellor at law in any court in this state, who is not a citizen of the United States, or who holds a commission as judge of the Supreme Court or of a court of common pleas, or who is clerk of the Supreme Court or a court of common pleas, or who is a sheriff, coroner, deputy sheriff, Jailer or constable.

Penalty on Sec. 6. And be it further enacted, That if

o any suit shall be dismissed for the non-attendance of an attorney, practicing in any court of record within this state, said attorney not having a just and reasonable excuse, it shall be at his costs, and he shall morever be liable for all damages his client shall sustain by such dis

How pro- mission, or any other neglect of his duty, to be

ceeded - • 1 - a against for recovered in any court of record within this


often's state; and every attorney receiving money for his client, and refusing or neglecting to pay the same when demanded, shall be proceeded against in a summary way, on notice before

any court of record, in the same manner as sheriffs and coroners are liable to be proceeded against, for money received on execution.


Sec. 7. And be it further enacted, That all Repealing laws heretofore in force, regulating the admis- “ sion and practice of attorneys and counsellors at law, be and the same are hereby repealed.

Speaker of the house of representatives.


Speaker of the senate. February 4th, 1804.

An act, regulating estrays.

Foo, Sec. 1. Be it enacted by the general assembly hopes. of the state of Ohio, That it shall be lawful for any person to take up any estray, found running at large within any settlement in this state, if he shall have a freehold, be a tenant for three years, have a title bond for the land on which

he resides.

Proceedings Sec. 2. And be it further enacted, That every

to be had. person who shall hereafter take up any estray, ; shall, within six days thereafter, advertise the - * , same in three of the most public places within I the township, wherein such estray shall have been taken up, giving an exact description, in writing, of the marks, brands, color and supposed age of such estray or estrays, and if no person shall claim and prove his right, to such estray or estrays, within thirty days after such advertisement, the taker up shall cause the same to be viewed by two disinterested householders of the township, and shall go immediately with such house-holders, before a justice of the peace of the township and make oath or affirmation before him, that the marks or brands have not been altered since the taking up, and

}...' * then said justice shall take from the said house


holders, upon Oath or affirmation, an exact description of the marks, brands, stature, color, supposed age and valuation of every such estray or estrays, and said justice shall enter the same in his estray book, and shall, within twenty days, transmit a certified copy thereof, under his hand, to the clerk of the court of common pleas of the county, who shall enter the same in his estray book and file the said transcript in his office, and the taker up shall pay unto the said justice twenty-five cents, and further, deposit in the hands of said justice twenty-five cents, to be paid unto the clerk, which sum of twenty-five cents shall be transmitted at the same time with the transcript aforesaid, and the said clerk shall cause a copy of such transcript to be publicly affixed at the court house door of his county, within five days after the receipt of the same, and during the succeeding term: Provided, That if two or more estrays of the same species are taken up by the same person at the same time, they shall be included in one entry, and in such case the said justice and clerk shall receive no more than for One of such species: Provided also, That no person shall be allowed hereafter to take up and advertise any head of

Fees to justice and clerk, how paid.

Duty Of the clerk.

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neat cattle, sheep, hog or goat, between the first eiðið.oe

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taken up between the 1st of May and 15th Of November except, etc.

Persons taking up boats, etc., adrift. to proceed as in case of estrays,

except flat-
Rentucky Or
boat S.

The manner of proceeding.


day of May and the fifteenth day of November, unless the same shall be found within the enclosure of the taker up, having broken into the San] e.

Sec. 3. And be if further enacted, That it shall be lawful for any person whatsoever, to take up any boat or other vessel adrift, and that if any person shall take up any boat or other craft adrift, he shall proceed in like manner as is required to be done in case of estrays, and be subject to the same penalties, fines, and forfeitures, to be recovered and appropriated in the same manner as herein directed and appointed with respect to estrays, except flat-bottomed, Rentucky or Orlean boats, in which case it shall be lawful for the constable of the township in which the taker up lives, in thirty days after said boat or boats have been taken up, to proceed to make sale of said boat or boats, in the same manner as is directed in case of estrays or other water crafts, and the money arising from such sale to be appropriated as is by this act provided for in other cases.

Sec. 4. And be if further enacted, That as a reward for taking up, there shall be paid to the taker up, for every horse kind, one dollar; for every head of meat cattle, fifty cents; for every sheep or goat, twenty-five cents; for every hog above six months, old, twenty-five

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