in two newspapers, one of which shall be printed at the seat of government, that they will receive proposals from all such printers as may choose to apply When to take therefor. This act shall take effect and be in force from and after the first day of May next. [Passed, January 14, 1811.] effect. Repealed, see and acts there 'The state divided into five medical districts; threecensors to be appointed in each district, Names of cen sors; censors to take an oath, which shall be recorded. CHAP. CCXLIX.-An act regulating the practice of physic and surgery. Whereas, the practice of physic and surgery is a science so immediately interesting to society that every encouragement for its promotion should be given, and every abuse of it so far as possible, suppressed: therefore, 1. Be it enacted, &c. That this state be, and it hereby is divided into five medical districts: the first district shall consist of the counties of Hamilton, Clermont, Warren, Green, Butler, Montgomery, Preble, Miami, Dark, Clinton, and any future subdivisions thereof; the second district shall consist of the counties of Adams, Highland, Fayette, Madison, Scioto, Ross, Franklin, Delaware, Fairfield, Champaign, Pickaway, and all future subdivisions thereof; the third district shall consist of the counties of Washington, Athens, Gallia, and all future subdivisions thereof; the fourth district shall consist of the counties of Muskingum, Tuscarawas, Licking, Knox, Richland, Wayne, Coshocton, Guernsey, and all future subdivisions thereof; the fifth district shall consist of the counties of Jefferson, Belmont, Columbiana, Stark, Trumbull, Geauga, Ashtabula, Cuyahoga, Portage, Huron, and all future subdivisions thereof; each district to contain three medical censors or examiners, to be appointed by the general assembly of the state of Ohio, who shall hold their appointments during good behavior, or until such time as a medical society shall be incorporated in this state. 2. That the following named persons be, and they hereby are appointed medical censors or examiners, and duly constituted a medical board, for the purpose of examining candidates for the practice of physic, surgery, or midwifery, in manner hereinafter specified in the several districts to which their names are attached, namely: in district No. 1, Joseph Canby, Richard Allison, and Daniel Drake; in district No. 2, Edward Tiffin, Alexander Campbell, and Joseph Scott; in district No. 3, Leonard Jewit, Eliphas Perkins, and Samuel P. Hildreth; in district No. 4, John Hamm, John J. Brice, and Robert Mitchell; in district No. 5, George Wilson, John M'Dowell, and Thomas Campbell; and each of the said censors or examiners shall, before he enters on the duties assigned to him by this act, take an oath or affirmation before some person legally authorized to administer oaths, faithfully and impartially to discharge his duty as a censor or examiner, agreeably to the true intent and meaning of this act, a record of which shall be made by the secretaries of the different boards. Persons must § 3. That when any person is desirous of exercising the profession of a obtain a license physician or surgeon within the limits of this state, as a means of obtaining a before they pro- livelihood, he shall first obtain a license for that purpose from some one of the ceed to prac- medical boards above mentioned. tise. Vacancies, how filled. 4. That in case of the death, resignation, or removal from office of any censor, notice thereof shall be given to the next succeeding legislature by the secretary of the board, and the general assembly shall appoint a person to fill such vacancy. Persons to pro5. That no person shall receive a license to practise in either of the duce a certifi- above branches, who shall not produce a certificate to the satisfaction of the cate and under- board, that he is a person of a good moral character, and has attended three full go an examin- years to the theory and practice of medicine, under the guidance of some able ation before a physician or surgeon, or a license from some medical society, showing his license is grant- having been admitted as a practitioner, and give satisfactory answers to such questions as may be put to him by the censors or examiners, in anatomy, surgery, materia medica, chemistry, and the theory and practice of physic. ed. Persons practising without license, not to recover their fees by law. 6. That if any person who shall not be, at the time this act shall take effect, a resident of this state and a regular practitioner of physic or surgery, shall presume to act in the capacity of a physician or surgeon without license as required by this act, except in cases of urgent necessity, and where no regular physician can be obtained, the person so offending shall be deprived of the assistance of the laws of this state in the collection of any debts or fees which may arise in such practice. 7. That every license granted for the purposes above mentioned, shall be either printed on smooth handsome paper, or written on parchment, in a fair round hand, in words and form as followeth: STATE OF OHIO, have examined, agreeably to law and state of Know all men by these presents, that we, medical censors for district No. of and do find him duly qualified for the practice of medicine. We therefore, by the authority in us vested, do license him to practise physic and surgery within the bounds of this state. In testimony whereof, we have subscribed our names and affixed the seal of office. Done at this day of in the year of our Lord one thousand, &c. Censors. Form of license to be granted. ¡ 8. That the medical boards in the several districts shall meet on the first Medical boards Monday in June, and on the first Monday of November, in every year, for the to meet on the purpose of granting licenses as aforesaid; and a majority of them so met, may first Mondays of proceed to discharge the duties enjoined on them by this act; and for every li- June and Nocense so granted, they shall receive five dollars, for the purpose of defraying for licenses; the expenses of their office, and shall publish immediately after each meeting, publication. in some public paper in this state, the name of every person so licensed. vember; fee 9. That each board of censors shall keep a seal, appoint a secretary from Each board to or from without their body, whose duty it shall be to record all their official pro- keep a seal and ceedings, and grant certified copies thereof, under the seal of the board, on the appoint a secapplication of any person requesting the same; the applicant paying therefor retary; secretary's duty; his at the rate of twelve and an half cents for every hundred words, which copy fees. shall be received in evidence in any court within this state. 10. That the medical censors for the first district shall hold their meet- Where boards ings at Cincinnati; for the second district at Chillicothe, in the county of Ross; to meet. for the third district, at Athens, in the county of Athens; for the fourth district, at Zanesville, in the county of Muskingum; and for the fifth district, at When to take Steubenville, in the county of Jefferson. This act shall take effect and be in effect. force from and after the first day of May next. [Passed, January 14, 1811.] CHAP. CCL.-An act for regulating measures.*** [In force.] 1. Be it enacted, &c. That the county commissioners of each county in Commissioners this state, are hereby required and directed to cause to be made for each coun- to provide a ty, one half bushel measure, which shall contain one thousand seventy-five half bushel and two-tenths solid inches, which shall be kept in [at] the county seat, and which shall be shall be called the standard. the standard. 2. That the commissioners of the respective counties shall appoint a per- Also, a person son in each county seat to keep the standard measure, and shall procure a seal to keep the said for the keepers of said standard measures, which keeper shall take an oath or standard, who affirmation for the faithful discharge of the trust reposed in him, and all per- shall take an sons desirous of trying their measures may resort to the aforesaid county oath; his duty, standard for that purpose; and the person appointed to keep the said standard, tion. shall, if he find them true and exactly to correspond, seal them with his seal, and the person so appointed, shall be entitled to receive, for trying and sealing each half bushel as aforesaid, the sum of twenty-five cents. and compensa ished. 3. That three months after the appointment of a person to keep the said Persons offendcounty standard shall have been made known as aforesaid, every person who ing against this shall knowingly sell any commodity whatever, by a measure that shall be less act, how punthan the said county standard, or shall keep any measure larger for the purpose of buying, shall for every such offence forfeit and pay a sum not exceeding five dollars, for the use of the township, to be recovered by action of debt, before any justice of the peace for the township in which the offence shall be committed. 4. That the expense accruing under the provisions of this act, shall be Expense to be paid out of the respective county treasuries, on the order of the commission- paid by county. ers. This act to be in force from and after the first day of June next. When to take [Passed, January 22, 1811.] effect. *See O. L. c. 115, 175. [In force.] Who may have the benefit of the writ of to issue the same when allowed. CHAP. CCLI.-An act securing the benefit of the writ of habeas corpus. 1. Be it enacted, &c. That if any person, except persons convicted of some crime or offence, for which they stand committed, or persons committed for treason or felony, the punishment whereof is capital, plainly and specially habeas corpus; expressed in the warrant of commitment, now is or shall be confined in any who may allow said writ; clerk jail of this state, or shall be unlawfully deprived of his or her liberty, and shall make application, either by him or herself, or any person on his or her behalf, to any one of the judges of the supreme court, or president or associate judges of the court of common pleas, and does at the same time produce to such judge a copy of the commitment, or cause of detention of such person; or if the person so imprisoned or detained, is imprisoned or detained without any legal authority, upon making the same appear to such judge, by oath or affirmation, it shall be his duty, forthwith to allow a writ of habeas corpus, which writ shall be issued forthwith by the clerk of the supreme court, or court of common pleas, as the case may require, under the seal of the court, whereof the person allowing such writ is a judge, directed to the proper officer, or person or persons who detains such prisoner. Duty of officer to whom the writ is directed. or commit at 2. That it shall be the duty of the officer or person to whom such writ shall be directed, to convey the person or persons, so imprisoned or detained, and named in such writ, before the judge allowing the same, or in case of his absence or disability, before some other judge of the same court, on the day specified in said writ, and shall make due return of the said writ, together with the day and cause of the caption and detention of such person, according to the command thereof. Duty of a 3. That when the said judge shall have examined into the cause of capjudge on habe- tion and detention of the person so brought before him, and shall be satisfied as corpus to dis- that the person is unlawfully imprisoned or detained, he shall forthwith discharge prisoner charge such prisoner from said confinement; and in case the person or persons his discretion, applying for said writ, shall be confined or detained in a legal manner, on a charge of having committed any crime or offence, the said judge shall, at his discretion, commit, discharge or let to bail, such person or persons; and if the said judge shall deem the offence bailable, on the principles of law, he shall cause the person, charged as aforesaid, to enter into recognizance, with one or more sufficient securities, in such sum as the judge shall think reasonable, the circumstances of the prisoner and the nature of the offence charged considered, conditioned for his appearance at the next court, where the offence is properly cognizable; and said judge shall certify his proceedings, together with the recognizance, forthwith to the proper court, and if the person or persons charged as aforesaid, shall fail to enter into such recognizance, he or they shall be committed to prison by such judge. Person refusing to obey said writ, how pun ished. Clerk refusing to issue said ished. 4. That if any person to whom such writ of habeas corpus shall be directed as aforesaid, shall neglect or refuse to obey, or make return of the same, according to the command thereof, or shall make a false return of said writ, or upon demand made by the prisoner, or any person on his or her behalf, shall refuse to deliver to the person demanding, within six hours after the demand thereof, a true copy of the warrant or commitment, and detainer of such prisoner, every person so offending, shall, for the first offence, forfeit to the party aggrieved, the sum of two hundred dollars; and for the second offence, four hundred dollars, and shall, if an officer, be incapable to hold his said office. 5. That if any clerk of the supreme court, or court of common pleas, shall refuse to issue such writ, after allowance and demand made as aforesaid, writ, how pun- he shall forfeit to the party aggrieved the sum of five hundred dollars. 6. That any person who shall be set at large upon any habeas corpus, shall not be again imprisoned for the same offence, unless by the legal order or process of the court, wherein he or she shall be bound, by recognizance, to appear, or other court having jurisdiction of the cause or offence; and if any person shall knowingly, contrary to this act, recommit or imprison, or cause to be recommitted or imprisoned for the same offence, or pretended offence, any person so set at large, or shall, knowingly, aid or assist therein, he shall forfeit to the party aggrieved five hundred dollars, any colorable pretence or variation in the warrant or commitment notwithstanding. Person set at large on habeas corpus, not to be imprisoned for the same offence; pen alty. Persons in cus § 7. That if any person of this state shall be committed to prison, or in tody not to be custody of any officer, for any criminal matter, such prisoner shall not be cases. removed therefrom into the custody of any other officer, unless by legal pro- removed to any cess, or where the prisoner shall be delivered to some inferior officer to carry other place exto jail, or shall by order of the proper court be removed from one place to cept in certain another, within the state, for trial, or in case of fire, infection or other necessity; and if any person after such commitment, shall make out, or sign or countersign any warrant for such removal, contrary to this act, he or she shall for every such offence forfeit to the party aggrieved, five hundred dollars. 8. That where any person shall appear to be committed by any judge or Accessories, justice, and charged as accessory before the fact, to any felony, the punishment how dealt with. whereof is capital, which felony shall be plainly and specially charged in the warrant of commitment, such person shall not be removed or bailed, by virtue of this act or in any other manner, than if this act had not passed.. 9. That no citizen of this state, being an inhabitant or resident within No person may the same, shall be sent prisoner to any place whatsoever, out of this state, for be sent out of any crime or offence committed within this state, and every such imprison- this state for ment is hereby declared to be illegal; and if any such citizen shall be so im- any offence committed imprisoned, he may, for every such imprisonment, maintain an action of false therein; perimprisonment, in any court having cognizance thereof, against the person or sons acting conpersons, by whom he shall be so imprisoned or transported, contrary to the trary to this intention of this act, and against any person who shall contrive, write, seal, section, how sign or countersign any writing for such imprisonment or transportation, or punished. shall be aiding or assisting in the same, or any of them; and shall recover treble costs, besides damages, which damages so to be given, shall not be less than five hundred dollars; and every person knowingly concerned in any manner as aforesaid, in such illegal imprisonment or transportation, contrary to this act, and being thereof lawfully convicted, shall be disabled from thenceforth to bear any office of trust or profit within this state: Provided, That if Proviso. any citizen of this state, or person or persons, at any time resident in the same, shall have committed or be charged with having committed any treason, felony, or misdemeanor in any other of the United States or territories, where he or she ought to be tried for such offence, he, she, or they may be sent to the state or territory having jurisdiction of the offence. 10. That the penalties in this act made recoverable, shall be recovered by Penalties rethe party aggrieved, his or her executors or administrators, against the offen- coverable by der, his or her executors and administrators, by action of debt, in any court this act to achaving cognizance of the same: Provided, That no person shall be sued or crue to the parmolested for any offence against this act, unless within two years after the ty injured; protime when such offence shall have been committed; but if the party aggrieved viso as to time shall then be in prison, then within two years after the decease of the person penalty. imprisoned, or his or her delivery out of prison; and in every such action it shall be lawful for the defendant to plead the general issue and give the special When to take matter in evidence. This act shall take effect and be in force from and after effect. the first day of June next. [Passed, January 22, 1811.] of suing for Repealed O. CHAP. CCLII.-An act supplementary to the act respecting crimes and punishments. 1. Be it enacted, &c. That if any two persons shall agree and wilfully fight or box at fisticuffs, the persons so offending, shall be deemed guilty of an affray, and upon conviction thereof, shall be fined, each, in a sum not exceed- punished. ing twenty-five dollars, at the discretion of the court. 2. That in all criminal prosecutions for larceny, the owner of the property What testimostolen, shall be a competent witness, but his or her credibility shall be left to ny shall be adthe jury. mitted. 3. That if any person, in the day or night time, not a prisoner in a pub- Punishment of lic jail, shall break open the same, so that any prisoner or prisoners shall make jail-breaking. his, her, or their escape, or attempt to break said jail, or shall aid and assist in such breaking or attempt to break, the person so offending shall, on conviction thereof, be fined in any sum not exceeding five hundred dollars, and imprisoned, not exceeding one month, at the discretion of the court. 4. That if any person, with an intention of committing murder, shall Wounding wound any person, he or she, so offending, upon conviction thereof, shall be with intent to whipt, not exceeding fifty stripes, on his or her naked back, be fined not ex- murder, how ceeding five hundred dollars, and be imprisoned not exceeding one year, at punished. the discretion of the court. *See O. L. c. 180. Adultery, how punished. Fornication, 5. That if any man shall live and cohabit with a woman in a state of adultery, he shall, on conviction thereof, be fined in any sum not exceeding five hundred dollars, and be imprisoned not exceeding three months, at the discretion of the court. 6. That if any unmarried persons shall live and cohabit together, as how punished. man and wife, on conviction thereof, shall be fined in a sum not exceeding one hundred dollars, and imprisoned two months, at the discretion of the court. Destroying 7. That if any person shall wilfully, unlawfully, and maliciously cut fruit trees, how down or destroy any apple, peach, quince, pear or cherry tree, planted and punished. growing upon the lands of another person, the person so offending shall, on conviction thereof, be whipt, not exceeding fifty stripes, on the naked back, and also be fined not exceeding the sum of five hundred dollars, and imprisoned not exceeding one month, at the discretion of the court. Persons imprisoned for fine and cost and unable to pay, 8. That whenever any person shall be confined in jail for the payment of any fine and costs that may be inflicted agreeably to the provisions of this act or the act to which this act is a supplement, the county commissioners may, if it is made to appear to their satisfaction, that the person thus conmay be released fined cannot pay such fine and costs, order the sheriff or jailer of such county to discharge such person from imprisonment, and the sheriff or jailer on receiving such order, shall discharge such person accordingly: Provided, That the commissioners may at any time thereafter order and cause to be issued an execution against the body, lands, goods, or chattels, of the person so discharged from imprisonment, for the amount of such fine and costs. by county commissioners. Fines how to be appropriated. When to take effect. 9. That all fines inflicted or penalties imposed, by virtue of the provisions of this act, shall be collected and appropriated in the manner pointed out by the act to which this act is a supplement. This act to take effect and be in force from and after the first day of June next. [Passed, January 22, 1811.] CHAP. CCLIII.—An act to amend the act defining the duties of the auditor and treasurer of state. Repealed, Jan. Be it enacted, &c. That there shall be procured at the expense of the 13, 1816, O. L. state, a seal, for the auditor's office, with the device of "The Auditor of c. 364, $17. State of Ohio,' to be by him used officially, which shall be called the seal of See also, O. L. the auditor for the state of Ohio; and all official copies taken from the records c. 303,and 326. in his office, or other documents issuing therefrom, shall be under seal, certiA seal to be procured for the fied and signed by the auditor, in which case all copies or other documents auditor's office. shall be received as legal evidence in any court of record or elsewhere within When to take this state. This act shall take effect and be in force from and after the passage thereof. [Passed, January 24, 1811.] effect. Repealed, Feb. c. 296. CHAP. CCLIV.-An act to amend the act entitled 'an act for regulating roads and highways.'+ Be it enacted, &c. That the several roads and highways laid out and opened in this state, under the three per cent. fund, granted by congress for laying out and opening roads in this state, shall be subject to such regulations Three per cent. and alterations, by the commissioners of the several counties, as county roads fund roads to are by the before-recited act, any thing in the several acts, making appropriabe subject to tions of the said three per cent. fund, to the contrary notwithstanding. This like rules with act to take effect and be in force from and after the first day of May next. county roads. [Passed, January 28, 1811.] CHAP. CCLV.—An act regulating the times of holding judicial courts. 1. Be it enacted, &c. That the supreme court shall be holden and commence its sessions in the several counties as follows, to wit: In the county of Ross, on the twenty-fifth day of March; in the county of Fairfield, on the seventh day of April; in the county of Licking, on the twenty-second day of April; in the county of Knox, on the first day of May; in the county of Coshocton, on the fifth day of May; in the county of Tuscarawas, on the seventh day of May; in the county of Stark, on the tenth day of May; in the county of Portage, on the thirteenth day of May; in the county of Cuyahoga, on the seventeenth day of May; in the county of Geauga, on the twentieth day of May; in the county of Ashtabula, on the twenty-sixth day of *See O. L. c. 201. † See O. L. c. 186. See O. L. c. 242. |