THE

Dec. 1. #1899.

REVISED STATUTES

AND

OTHER ACTS OF A GENERAL NATURE

OF THE

STATE OF OHIO,

IN FORCE JANUARY 1, 1880.

ELECTROTYPED AT

FRANKLIN TYPE FOUNDRY,

CINCINNATI.

Entered, according to act of Congress, in the year 1879, by MILTON BARNES, Secretary of State, for the State of Ohio, in the office of the Librarian of Congress at Washington.

1

PREFACE.

THE principal part of this publication is occupied by the work which will be known hereafter as the Revised Statutes of Ohio, or, with equal propriety, as the Ohio Code. Commencing on page one hundred and seventy-one of this volume, it extends into and forms the larger portion of the second or remaining volume. It is preceded, in this volume, by the articles of confederation, the constitution of the United States, the ordinance of 1787, the constitution of Ohio adopted in 1802, the present constitution of the state, and those portions of the Revised. Statutes of the United States relating to naturalization, extradition, authentication of records, and the removal of causes from the state to the federal courts; and, in order that the collection of general laws may be complete, it is followed, in the second volume, by such laws of a general nature as could not properly be incorporated into the revision. The second volume also contains an analytic index to the whole work.

In the history of the legislation of the state, we find there have been a number of professed revisions; but, until the present work was undertaken, nothing more was attempted than the incorporation, in each statute, of the various provisions on the subject to which it related, and the collection of those statutes into a volume.

The first revision was made during the session of the legislature held at Chillicothe, in 1804-5, at which all the laws, with few exceptions, adopted by the governor and judges, or enacted by the legislature, under the territorial government, were repealed. That revision embraced statutes for the administration of justice, the conveyance of property, the collection of the revenue, the organization of the militia, and the punishment of crime, and other statutes previously adopted or enacted, were amended and re-enacted.

With these statutes for a basis, other legislatures followed the example; and, accordingly, the laws were revised at the session of 1809-1810, the session of 18151816, the session of 1823-1824, and the session of 1830-1831, each revision being an improvement on that which preceded it, the practice and other remedial statutes gradually becoming more liberal, and the penal enactments more humane.

In 1835, the statute relating to felonies was again revised, and further pro