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lations of this act, also useful mechanics and
other laborers employed about said works, on
application to him made, a lease for one or two
of the twenty acre out-lots, as is described in
the second section of this act, for the purpose of
cultivation; the lessee to have the use of the
lot or lots three years, for enclosing the same
with a good and lawful fence, and after the ex-
piration of three years, the lessee shall pay to
the said agent one dollar and fifty cents per
acre, yearly; and the said agent shall rent out
any land found fenced and in order for cultiva- Condition.
tion at the said works, at the rate of one dollar

and fifty cents per acre, for each year such
person shall lease the same, all which rents
arising from said lands, shall be paid unto the
said agent of the public salt works, for the use
of the state, on the first day of June, yearly and
every year: Provided always, That no lease Proviso.
shall be given for any of the aforesaid lots,
which shall extend beyond the first day of June,
in the year one thousand eight hundred and
eight.

Sec. 12. And be it further enacted, That it
shall be the duty of the said agent, at the same
time when he shall give a license to those who
may apply for the occupancy of wells and fur-
naces, agreeably to the regulations of this act, to
assign to such person a lot of timbered land,

Agent's duty license.

Agent to make an annual report to the legislature.

Compensation.

taking care that each occupier of furnaces, and other persons engaged or employed in manufacturing of salt, shall have a sufficent quantity of timbered land for their respective use, and as convenient as the situation of the place will admit of.

Sec. 13. And be it further enacted, that the agent shall, on or before the sixth day of every annual session of the legislature, lay before the general assembly an accurate statement of the entries made in his office, together with a fair statement of all monies paid thereon, also a statement of all lands under rent in said township, with a true account of the situation of said works; and he shall likewise hold his books of entries subject to the inspection and examination of the legislature.

Sec. 14. And be it further enacted, That the agent aforesaid, shall receive as a compensation for the duties required of him by this act, the sum of three hundred dollars for each year, and in that proportion of the time he shall continue in office, which compensation shall be audited by the auditor of public accounts, and paid by the treasurer of the state, quarter yearly, to the said agent, out of any public monies in the treasury not otherwise appropriated.

pointed for ingum salt

the Musksprings.

Sec. 15. And be it further enacted, That an Agent apagent be appointed, in the mode pointed out by the first section of this act, whose duty it shall be to make a careful examination of the salt springs, commonly known by the name of the Muskingum salt springs, of the strength and quantity of the salt water, and of the extent of the space within which it may be found, of the quality and situation of the lands belonging to His duty. the same, of the quantity and quality of the timber or other fuel, of the number of wells, furnaces and kettles, there in use in manufacturing salt, of the state of cultivation and of the number of the buildings erected on said lands, to lease out at his discretion, for the term of one year, from the first day of June next, said lands and the right of manufacturing salt at said springs, to such person or persons as may apply for the same, to prohibit any unnecessary waste of timber, to bring suit or suits in behalf of the state, against any person or persons who may trespass hereafter on the aforesaid premises, and to make an accurate statement of his discoVeries and proceedings, to the general assembly at its next session.

To report to general as

the next

sembly.

Sec. 16. And be it further enacted, That this commenceact shall commence and take effect, and be in act. force from and after the passing thereof.

ELIAS LANGHAM,

Speaker of the house of representatives.

NATH. MASSIE,
Speaker of the senate.

January 27th, 1804.

Coparceners, etc., holding estates compelled to make partition under certain resolutions.

Courts before whom

CHAPTER XVIII.

An act, to provide for the partition of real estates.

Sec. 1. Be it enacted by the general assembly of the state of Ohio, That all joint tenants, tenants in common and coparceners of any estate or estates, in lands, tenements or hereditaments, within this state, may be compelled to make or suffer partition of such estate or estates, in manner hereinafter prescribed, and that where such estate or estates is or may be situated in two or more counties, the proceed

ings under this act shall be had before the su

proceedings preme court, when said court shall be in session

to be had.

in any one of the counties where a part of the premises, so to be divided, shall be situated; and where such estate or estates is, or may be, situated in one county only, the proceedings may be

Tes

ate.

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had before the court of common pleas of such
county.

coparcenprefer peticourt.

ers, etc., to

tition to

To state the the claim,

nature of

etc.

Sec. 2. And be it further enacted, That any person being a joint tenant, coparcener or tenant in common of any such estate or estates, or the executor, administrator, guardian or agent of any such person, may file his or petition in the supreme court or court of common pleas, as the case may require, praying that partition of such estate or estates may be made, which petition shall set forth the nature of the title or claim of the demandant, the tract or tracts of land, the tenements or hereditaments, of which partition is demanded, and also the name and place of residence of each joint tenant, coparcener and tenant in common, with such demandant, if they shall be known to such demandant, and if, on examination, it shall appear that the demandant hath a good and legal right and title to any part or proportion of such estate or estates, then the court shall proceed, at the term in which such petition may be filed, to order and direct a partition to be had and made in the manner prescribed by the provisions of this act: Provided, Proviso. It shall appear that the notice required by this act hath been sufficiently and legally given, and no sufficient reason shall appear why the prayer of the petitioner should not be granted, other

when the legal title, order parti

party has a

the court to

tion.

In case nobeen given.