As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                          Am. Sub. S. B. No. 83  5            

      1997-1998                                                    6            


               SENATOR B. JOHNSON- REPRESENTATIVES                 9            

GARCIA-SCHULER-SALERNO-SUTTON- TIBERI-MEAD-REID-MOTTLEY-BRITTON-   10           

                         TAVARES-O'BRIEN                           11           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 317.20, 1923.06, 3953.01, 3953.04,  14           

                3953.07, 5309.01, 5309.06, 5309.09, 5309.24,       15           

                5309.28, 5309.33, 5309.36, 5309.38, 5309.40, and                

                5309.76 and to enact sections 765.01 to 765.04,    16           

                1901.183, 3953.29, and 5309.281 of the Revised     17           

                Code to aid in the eradication of urban and rural  18           

                blight by authorizing municipal corporations       19           

                within the jurisdiction of the environmental                    

                division of a municipal court to establish         20           

                noncriminal land use infractions and provide                    

                civil enforcement procedures for those             22           

                infractions and by granting the environmental      24           

                division of a municipal court additional           25           

                jurisdiction to enforce nuisance abatement and                  

                other environmental laws and to enforce its        26           

                judgments, to modify the procedure by which        27           

                service is effected in an eviction action, and to               

                eliminate references in title insurance policies   28           

                and certain documents involving registered land    29           

                transactions to racial and other restrictive                    

                covenants that, if exercised, honored, or          30           

                included in a transfer, rental, or lease of                     

                housing accomodations, constitute an unlawful      31           

                discriminatory practice.                                        

                                                          2      


                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        33           

      Section 1.  That sections 317.20, 1923.06, 3953.01,          35           

3953.04, 3953.07, 5309.01, 5309.06, 5309.09, 5309.24, 5309.28,     36           

5309.33, 5309.36, 5309.38, 5309.40, and 5309.76 be amended and     37           

sections 765.01, 765.02, 765.03, 765.04, 1901.183, 3953.29, and    38           

5309.281 of the Revised Code be enacted to read as follows:        40           

      Sec. 317.20.  (A)  When, in the opinion of the board of      50           

county commissioners, sectional indexes are needed, and it so      51           

directs, in addition to the alphabetical indexes provided for in   53           

section 317.18 of the Revised Code, the board may provide for      54           

making, in books prepared for that purpose, sectional indexes to   55           

the records of all real estate in the county, beginning with some  56           

designated year and continuing through such THE period of years    57           

as it specified, by placing THAT THE BOARD SPECIFIES.  THE         58           

SECTIONAL INDEXES SHALL PLACE under the heads of the original      59           

surveyed sections or surveys, or parts of a section or survey,     60           

squares, subdivisions, or the permanent parcel numbers provided    61           

for under section 319.28 of the Revised Code, or lots, on the      62           

left-hand page, or on the upper portion of such THAT page of the   63           

index book, the following:                                         64           

      (A)  The name of the grantor;                                66           

      (B)  Next to the right, THEN the name of the grantee;        68           

      (C)  The, THEN THE number and page of the record where IN    71           

WHICH the instrument is found recorded;                                         

      (D)  The, THEN THE character of the instrument, to be        73           

followed by AND THEN a pertinent description of the INTEREST IN    75           

property conveyed by the deed, lease, or assignment of lease;      76           

      (E)  On the opposite AND SHALL PLACE UNDER SIMILAR HEADINGS  78           

ON THE RIGHT-HAND page, or on the lower portion of the same THAT   80           

page OF THE INDEX BOOK, beginning at the bottom, in like manner,   81           

all the mortgages, liens, notices as provided for in sections      82           

5301.51, 5301.52, and 5301.56 of the Revised Code, or other        83           

encumbrances affecting such THE real estate.                       84           

      (B)  The compensation for the services rendered under this   86           

                                                          3      


                                                                 
section shall be paid from the general revenue fund of the         87           

county, and no additional levy shall be made in consequence of     88           

such THE services.  If                                             89           

      (C)  IF the board OF COUNTY COMMISSIONERS decides to have    92           

such sectional index INDEXES made, it shall advertise for three    93           

consecutive weeks in one newspaper of general circulation in the   94           

county for sealed proposals to do such THE work as provided FOR    95           

in this section, shall let the work to CONTRACT WITH the lowest    96           

and best bidder, and shall require him THE SUCCESSFUL BIDDER to    98           

give A bond for the faithful performance of the contract, in such  100          

THE sum as THAT the board fixes, and such.  THE work shall be      101          

done to the acceptance of the auditor of state upon allowance by   102          

such THE board. The board may reject any and all bids for the      104          

work, provided that no more than five cents shall be paid for      105          

each entry of each tract or lot of land.                           106          

      (D)  When THE SECTIONAL INDEXES ARE brought up and           108          

completed, the county recorder shall keep up MAINTAIN the indexes  109          

described in AND COMPLY WITH DIVISION (E) OF this section IN       111          

CONNECTION WITH REGISTERED LAND.                                                

      (E)(1)  AS USED IN DIVISION (E) OF THIS SECTION, "HOUSING    113          

ACCOMMODATIONS" AND "RESTRICTIVE COVENANT" HAVE THE SAME MEANINGS  114          

AS IN SECTION 4112.01 OF THE REVISED CODE.                         115          

      (2)  IN CONNECTION WITH ANY TRANSFER OF REGISTERED LAND      117          

THAT OCCURS ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT IN   118          

ACCORDANCE WITH CHAPTERS 5309. AND 5310. OF THE REVISED CODE, THE  119          

COUNTY RECORDER SHALL DELETE FROM THE SECTIONAL INDEXES            120          

MAINTAINED UNDER THIS SECTION ALL REFERENCES TO ANY RESTRICTIVE    121          

COVENANT THAT APPEARS TO APPLY TO THE TRANSFERRED REGISTERED                    

LAND, IF ANY INCLUSION OF THE RESTRICTIVE COVENANT IN A TRANSFER,  122          

RENTAL, OR LEASE OF HOUSING ACCOMMODATIONS, ANY HONORING OR        123          

EXERCISING OF THE RESTRICTIVE COVENANT, OR ANY ATTEMPT TO HONOR    124          

OR EXERCISE THE RESTRICTIVE COVENANT CONSTITUTES AN UNLAWFUL       125          

DISCRIMINATORY PRACTICE UNDER DIVISION (H)(9) OF SECTION 4112.02   126          

OF THE REVISED CODE.                                                            

                                                          4      


                                                                 
      Sec. 765.01.  AS USED IN THIS CHAPTER:                       128          

      (A)  "LAND USE INFRACTION" MEANS A VIOLATION OF ANY          130          

MUNICIPAL ZONING CODE PROVISIONS THAT REGULATE PARKING ON PRIVATE  131          

PROPERTY, A MOTOR VEHICLE SERVICE OR REPAIR BUSINESS IN            132          

RESIDENTIAL DISTRICTS, OR SIGNAGE AND OTHER GRAPHICS DISPLAYS,     133          

AND ANY MUNICIPAL ORDINANCE, RESOLUTION, OR OTHER REGULATION       134          

DEALING WITH THE DISPLAY OF HOUSE NUMBERS ON BUILDINGS.                         

      (B)  "LAW ENFORCEMENT OFFICER" MEANS A LAW ENFORCEMENT       136          

OFFICER AS DEFINED IN SECTION 2901.01 OF THE REVISED CODE, CODE    137          

ENFORCEMENT OFFICER, BUILDING INSPECTOR, OR OTHER OFFICER          138          

AUTHORIZED TO ENFORCE ANY CODE, ORDINANCE, RESOLUTION, OR                       

REGULATION DESCRIBED IN DIVISION (A) OF THIS SECTION.              139          

      Sec. 765.02.  (A)  A MUNICIPAL CORPORATION WITHIN THE        141          

JURISDICTION OF THE ENVIRONMENTAL DIVISION OF A MUNICIPAL COURT    142          

MAY ENACT AN ORDINANCE STATING THAT SPECIFIED LAND USE             144          

INFRACTIONS SHALL NOT BE CONSIDERED A CRIMINAL OFFENSE FOR ANY     145          

PURPOSE IF A TICKET IS ISSUED FOR THE SPECIFIC LAND USE            146          

INFRACTION UNDER CHAPTER 765. OF THE REVISED CODE, THAT A PERSON   147          

WHO COMMITS ANY INFRACTION SPECIFIED ON THE TICKET SHALL NOT BE    148          

ARRESTED AS A RESULT OF THE COMMISSION OF THE INFRACTION, AND      151          

THAT TICKETED INFRACTIONS SHALL BE HANDLED PURSUANT TO THIS        152          

CHAPTER.  ADOPTION OF AN ORDINANCE UNDER THIS SECTION DOES NOT     153          

PRECLUDE THE ENFORCEMENT OF ANY LAND USE INFRACTION CODE,                       

ORDINANCE, RESOLUTION, OR REGULATION IN ANY MANNER OTHERWISE       154          

PROVIDED BY LAW AS LONG AS NO TICKET IS ISSUED UNDER THIS          155          

CHAPTER, BUT INSTEAD PROVIDES AN ADDITIONAL METHOD OF ENFORCING    156          

SUCH LAWS.                                                                      

      (B)  EACH MUNICIPAL CORPORATION THAT ENACTS AN ORDINANCE     159          

UNDER THIS SECTION SHALL ADOPT A TICKET TO BE USED BY ITS LAW      161          

ENFORCEMENT OFFICERS IN ALL CASES IN WHICH A PERSON IS ISSUED A    162          

TICKET FOR COMMITTING A LAND USE INFRACTION IN ITS JURISDICTION.   163          

THIS TICKET SHALL CONSIST OF TWO PARTS.  THE FIRST PART SHALL BE   164          

NOTICE OF THE LAND USE INFRACTION CHARGED, AND SHALL INCLUDE THE   165          

INFORMATION SPECIFIED IN DIVISION (A) OF SECTION 765.03 OF THE     166          

                                                          5      


                                                                 
REVISED CODE.  THE NOTICE SHALL SPECIFY A REASONABLE TIME PERIOD   167          

WITHIN WHICH THE INFRACTION MUST BE CORRECTED OR A SUMMONS AND     169          

COMPLAINT WILL BE SERVED.  THE FIRST PART OF THE TICKET SHALL      170          

ALSO STATE THAT IF THE PERSON CORRECTS THE INFRACTION WITHIN THE                

SPECIFIED TIME PERIOD, THE TICKET WILL BE VOIDED.  THE SECOND      171          

PART OF THE TICKET SHALL BE THE SUMMONS AND COMPLAINT FOR          173          

PURPOSES OF THIS CHAPTER, TO BE ISSUED IF THE INFRACTION IS NOT                 

CORRECTED WITHIN THE TIME PERIOD SPECIFIED IN THE FIRST PART OF    174          

THE TICKET.  THE SECOND PART OF EACH TICKET SHALL CONTAIN          175          

PROVISIONS THAT ADVISE THE PERSON UPON WHOM IT IS SERVED THAT THE  176          

PERSON MUST ANSWER IN RELATION TO THE INFRACTION CHARGED IN THE    177          

TICKET AND THAT CERTAIN CIVIL PENALTIES MAY RESULT FROM A FAILURE  178          

TO TIMELY ANSWER, INDICATE THAT THE PERSON WILL BE AFFORDED A      179          

HEARING IF THE PERSON DENIES IN THE ANSWER THAT THE PERSON         181          

COMMITTED THE INFRACTION, SPECIFY THE ENTITY TO WHICH, THE TIME    182          

WITHIN WHICH, AND THE ALLOWABLE MANNERS IN WHICH THE ANSWER MUST   183          

BE MADE, INDICATE THE PENALTIES THAT MAY RESULT FROM FAILURE TO    184          

TIMELY ANSWER AND THE FINE THAT ARISES FROM THE LAND USE           185          

INFRACTION, WARN THAT FAILURE TO TIMELY ANSWER OR TO APPEAR AT A   186          

REQUESTED HEARING WILL BE CONSIDERED AN ADMISSION OF THE LAND USE  187          

INFRACTION, AND WARN THAT A DEFAULT CIVIL JUDGMENT POTENTIALLY     188          

MAY BE ENTERED AGAINST THE PERSON.                                              

      Sec. 765.03.  (A)  A LAW ENFORCEMENT OFFICER WHO ISSUES A    190          

TICKET FOR A LAND USE INFRACTION UNDER THIS CHAPTER SHALL          191          

COMPLETE THE TICKET BY IDENTIFYING THE LAND USE INFRACTION         193          

CHARGED AND INDICATING THE DATE, TIME, AND PLACE OF THE            194          

INFRACTION.  THE OFFICER SHALL SIGN THE TICKET AND AFFIRM THE      195          

FACTS IT CONTAINS.  IF THE OFFENDER IS PRESENT, THE OFFICER ALSO   196          

SHALL RECORD ON THE TICKET THE NAME OF THE OFFENDER IN A SPACE     197          

PROVIDED ON THE TICKET FOR IDENTIFICATION OF THE OFFENDER, AND     198          

THEN SHALL SERVE THE FIRST PART OF THE TICKET IN ACCORDANCE WITH   199          

THE SERVICE REQUIREMENTS OF THE RULES OF CIVIL PROCEDURE.  IF THE  200          

INFRACTION IS NOT CORRECTED WITHIN THE TIME PERIOD SPECIFIED ON    201          

THE FIRST PART OF THE TICKET, THE LAW ENFORCEMENT OFFICER SHALL    202          

                                                          6      


                                                                 
SERVE THE SECOND PART OF THE TICKET IN ACCORDANCE WITH THE         203          

SERVICE REQUIREMENTS OF THE RULES OF CIVIL RROCEDURE.              204          

      (B)  THE ORIGINAL OF A TICKET ISSUED UNDER THIS SECTION OR   207          

ANY TRUE COPY OF IT SHALL BE CONSIDERED A RECORD KEPT IN THE       208          

ORDINARY COURSE OF BUSINESS OF THE MUNICIPAL CORPORATION AND OF    209          

THE LAW ENFORCEMENT AGENCY WHOSE OFFICER ISSUED IT, AND SHALL BE   210          

PRIMA-FACIE EVIDENCE OF THE FACTS IT CONTAINS.                                  

      (C)  WHEN A TICKET IS ISSUED FOR A LAND USE INFRACTION AND   213          

IS SERVED UNDER THIS SECTION, THE OFFENDER WHOSE ACT OR OMISSION   214          

RESULTED IN THE INFRACTION FOR WHICH THE TICKET WAS ISSUED IS      216          

LIABLE FOR THE INFRACTION AND FOR ANY FINE OR PENALTY ARISING OUT  217          

OF THE INFRACTION UNDER AN ORDINANCE ENACTED BY THE MUNICIPAL      218          

CORPORATION UNDER DIVISION (A) OF SECTION 765.02 OF THE REVISED    219          

CODE.                                                                           

      (D)  NO PERSON UPON WHOM A TICKET CHARGING A LAND USE        222          

INFRACTION IS SERVED UNDER THIS SECTION SHALL BE ARRESTED AS A     223          

RESULT OF THE COMMISSION OF THE LAND USE INFRACTION.               224          

      Sec. 765.04.  THE PROVISIONS OF THIS CHAPTER ARE IN          226          

ADDITION TO, AND NOT IN ABROGATION OF, ANY OTHER JURISDICTION THE  228          

ENVIRONMENTAL DIVISION OF ANY MUNICIPAL COURT HAS TO ENFORCE ANY   229          

CODE, ORDINANCE, RESOLUTION, OR REGULATION DESCRIBED IN DIVISION   230          

(A) OF SECTION 765.01 OF THE REVISED CODE.                         232          

      Sec. 1901.183.  IN ADDITION TO JURISDICTION OTHERWISE        235          

GRANTED IN THIS CHAPTER, THE ENVIRONMENTAL DIVISION OF A           236          

MUNICIPAL COURT SHALL HAVE JURISDICTION WITHIN ITS TERRITORY IN    237          

ALL OF THE FOLLOWING ACTIONS OR PROCEEDINGS AND TO PERFORM ALL OF  238          

THE FOLLOWING FUNCTIONS:                                                        

      (A)  NOTWITHSTANDING ANY MONETARY LIMITATIONS IN SECTION     241          

1901.17 OF THE REVISED CODE, IN ALL ACTIONS AND PROCEEDINGS FOR    243          

THE SALE OF REAL OR PERSONAL PROPERTY UNDER LIEN OF A JUDGMENT OF  244          

THE ENVIRONMENTAL DIVISION OF THE MUNICIPAL COURT, OR A LIEN FOR   245          

MACHINERY, MATERIAL, FUEL FURNISHED, OR LABOR PERFORMED,           246          

IRRESPECTIVE OF AMOUNT, AND, IN THOSE CASES, THE ENVIRONMENTAL     247          

DIVISION MAY PROCEED TO FORECLOSE AND MARSHAL ALL LIENS AND ALL    248          

                                                          7      


                                                                 
VESTED OR CONTINGENT RIGHTS, TO APPOINT A RECEIVER, AND TO RENDER  249          

PERSONAL JUDGMENT IRRESPECTIVE OF AMOUNT IN FAVOR OF ANY PARTY;    250          

      (B)  IN ALL ACTIONS FOR THE FORECLOSURE OF A MORTGAGE ON     253          

REAL PROPERTY GIVEN TO SECURE THE PAYMENT OF MONEY, OR THE         254          

ENFORCEMENT OF A SPECIFIC LIEN FOR MONEY OR OTHER ENCUMBRANCE OR   255          

CHARGE ON REAL PROPERTY, WHEN THE REAL PROPERTY IS SITUATED        256          

WITHIN THE TERRITORY, AND, IN THOSE CASES, THE ENVIRONMENTAL       257          

DIVISION OF THE MUNICIPAL COURT MAY PROCEED TO FORECLOSE ALL       258          

LIENS AND ALL VESTED AND CONTINGENT RIGHTS AND PROCEED TO RENDER   259          

JUDGMENTS, AND MAKE FINDINGS AND ORDERS, BETWEEN THE PARTIES, IN   260          

THE SAME MANNER AND TO THE SAME EXTENT AS IN SIMILAR CASES IN THE  261          

COURT OF COMMON PLEAS;                                                          

      (C)  IN ALL ACTIONS FOR THE RECOVERY OF REAL PROPERTY        264          

SITUATED WITHIN THE TERRITORY TO THE SAME EXTENT AS COURTS OF      265          

COMMON PLEAS HAVE JURISDICTION;                                    266          

      (D)  IN ALL ACTIONS FOR INJUNCTION TO PREVENT OR TERMINATE   269          

VIOLATIONS OF THE ORDINANCES AND REGULATIONS OF ANY MUNICIPAL      270          

CORPORATION WITHIN ITS TERRITORY ENACTED OR PROMULGATED UNDER THE  271          

POLICE POWER OF THAT MUNICIPAL CORPORATION PURSUANT TO SECTION 3   272          

OF ARTICLE XVIII, OHIO CONSTITUTION, OVER WHICH THE COURT OF       274          

COMMON PLEAS HAS OR MAY HAVE JURISDICTION, AND, IN THOSE CASES,    275          

THE ENVIRONMENTAL DIVISION OF THE MUNICIPAL COURT MAY PROCEED TO   276          

RENDER JUDGMENTS, AND MAKE FINDINGS AND ORDERS, IN THE SAME        277          

MANNER AND TO THE SAME EXTENT AS IN SIMILAR CASES IN THE COURT OF  278          

COMMON PLEAS;                                                                   

      (E)  IN ALL ACTIONS FOR INJUNCTION TO PREVENT OR TERMINATE   280          

VIOLATIONS OF THE RESOLUTIONS AND REGULATIONS OF ANY POLITICAL     281          

SUBDIVISION WITHIN ITS TERRITORY ENACTED OR PROMULGATED UNDER THE  282          

POWER OF THAT POLITICAL SUBDIVISION PURSUANT TO ARTICLE X OF THE   283          

OHIO CONSTITUTION, OVER WHICH THE COURT OF COMMON PLEAS HAS OR     284          

MAY HAVE JURISDICTION, AND, IN THOSE CASES, THE ENVIRONMENTAL      285          

DIVISION OF THE MUNICIPAL COURT MAY PROCEED TO RENDER JUDGMENTS,   286          

AND MAKE FINDINGS AND ORDERS, IN THE SAME MANNER AND TO THE SAME   287          

EXTENT AS IN SIMILAR CASES IN THE COURT OF COMMON PLEAS;           288          

                                                          8      


                                                                 
      (F)  IN ANY CIVIL ACTION TO ENFORCE ANY PROVISION OF         291          

CHAPTER 3704., 3714., 3734., 3737., 3767., OR 6111. OF THE         293          

REVISED CODE OVER WHICH THE COURT OF COMMON PLEAS HAS OR MAY HAVE  295          

JURISDICTION, AND, IN THOSE ACTIONS, THE ENVIRONMENTAL DIVISION    296          

OF THE MUNICIPAL COURT MAY PROCEED TO RENDER JUDGMENTS, AND MAKE   297          

FINDINGS AND ORDERS, IN THE SAME MANNER AND TO THE SAME EXTENT AS  298          

IN SIMILAR ACTIONS IN THE COURT OF COMMON PLEAS;                   299          

      (G)  IN ALL ACTIONS AND PROCEEDINGS IN THE NATURE OF         302          

CREDITORS' BILLS, AND IN AID OF EXECUTION TO SUBJECT THE           303          

INTERESTS OF A JUDGMENT DEBTOR IN REAL OR PERSONAL PROPERTY TO     304          

THE PAYMENT OF A JUDGMENT OF THE DIVISION, AND, IN THOSE ACTIONS   305          

AND PROCEEDINGS, THE ENVIRONMENTAL DIVISION MAY PROCEED TO         306          

MARSHAL AND FORECLOSE ALL LIENS ON THE PROPERTY IRRESPECTIVE OF    307          

THE AMOUNT OF THE LIEN, AND ALL VESTED OR CONTINGENT RIGHTS IN     308          

THE PROPERTY;                                                                   

      (H)  CONCURRENT JURISDICTION OF ALL CRIMINAL ACTIONS OR      311          

PROCEEDINGS RELATED TO THE POLLUTION OF THE AIR, GROUND, OR WATER  312          

WITHIN THE TERRITORY OF THE ENVIRONMENTAL DIVISION OF THE          313          

MUNICIPAL COURT, FOR WHICH A SENTENCE OF DEATH CANNOT BE IMPOSED   314          

UNDER CHAPTER 2903. OF THE REVISED CODE;                           315          

      (I)  IN ANY REVIEW OR APPEAL OF ANY FINAL ORDER OF ANY       317          

ADMINISTRATIVE OFFICER, AGENCY, BOARD, DEPARTMENT, TRIBUNAL,       318          

COMMISSION, OR OTHER INSTRUMENTALITY THAT RELATES TO A LOCAL       319          

BUILDING, HOUSING, AIR POLLUTION, SANITATION, HEALTH, FIRE,        320          

ZONING, OR SAFETY CODE, ORDINANCE, OR REGULATION, IN THE SAME      321          

MANNER AND TO THE SAME EXTENT AS IN SIMILAR APPEALS IN THE COURT   322          

OF COMMON PLEAS.                                                                

      Sec. 1923.06.  (A)  Except as otherwise provided in this     331          

section, the ANY summons in an action under PURSUANT TO this       333          

chapter shall be issued, be in the form specified, and be served   334          

and returned as in the Rules of Civil Procedure PROVIDED IN THIS   335          

SECTION.  Such service shall be at least five TEN days before the  336          

day set for trial.                                                 337          

      (B)  Every summons issued under this section to recover      339          

                                                          9      


                                                                 
residential premises shall contain the following language printed  340          

in a conspicuous manner:  "A complaint to evict you has been       341          

filed with this court.  No person shall be evicted unless his THE  342          

PERSON'S right to possession has ended and no person shall be      344          

evicted in retaliation for the exercise of his THE PERSON'S        345          

lawful rights.  If you are depositing rent with the clerk of this  346          

court you shall continue to deposit such rent until the time of    347          

the court hearing.  The failure to continue to deposit such rent   348          

may result in your eviction.  You may request a trial by jury.     349          

You have the right to seek legal assistance.  If you cannot        350          

afford a lawyer, you may contact your local legal aid or legal     351          

service office.  If none is available, you may contact your local  352          

bar association."                                                               

      (C)  THE CLERK OF THE COURT IN WHICH A COMPLAINT TO EVICT    354          

IS FILED SHALL MAIL ANY SUMMONS BY ORDINARY MAIL, ALONG WITH A     356          

COPY OF THE COMPLAINT, DOCUMENT, OR OTHER PROCESS TO BE SERVED TO  357          

THE DEFENDANT AT THE ADDRESS SET FORTH IN THE CAPTION OF THE       358          

SUMMONS AND TO ANY ADDRESS SET FORTH IN ANY WRITTEN INSTRUCTIONS   359          

FURNISHED TO THE CLERK.  THE MAILING SHALL BE EVIDENCED BY A       360          

CERTIFICATE OF MAILING WHICH THE CLERK SHALL COMPLETE AND FILE.    361          

      (D)  THE CLERK SHALL DELIVER SUFFICIENT COPIES OF THE        364          

SUMMONS, COMPLAINT, DOCUMENT, OR OTHER PROCESS TO BE SERVED TO,    365          

AND SERVICE SHALL BE MADE BY, ONE OF THE FOLLOWING PERSONS:        366          

      (1)  THE SHERIFF OF THE COUNTY IN WHICH THE PREMISES ARE     368          

LOCATED WHEN THE PROCESS ISSUES FROM A COURT OF COMMON PLEAS OR    369          

COUNTY COURT;                                                      370          

      (2)  THE BAILIFF OF THE COURT FOR SERVICE WHEN PROCESS       372          

ISSUES FROM THE MUNICIPAL COURT;                                   373          

      (3)  ANY PERSON WHO IS EIGHTEEN YEARS OF AGE OR OLDER, WHO   375          

IS NOT A PARTY, AND WHO HAS BEEN DESIGNATED BY ORDER OF THE COURT  377          

TO MAKE SERVICE OF PROCESS WHEN PROCESS ISSUES FROM ANY OF THE     378          

COURTS IN DIVISIONS (D)(1) AND (2) OF THIS SECTION.                379          

      (E)  THE PERSON SERVING PROCESS SHALL EFFECT SERVICE AT THE  382          

PREMISES THAT ARE THE SUBJECT OF THE FORCIBLE ENTRY AND DETAINER   383          

                                                          10     


                                                                 
ACTION BY ONE OF THE FOLLOWING MEANS:                              384          

      (1)  BY LOCATING THE PERSON TO BE SERVED AT THE PREMISES TO  387          

TENDER A COPY OF THE PROCESS AND ACCOMPANYING DOCUMENTS TO THAT    388          

PERSON;                                                                         

      (2)  BY LEAVING A COPY OF THE SUMMONS, COMPLAINT, DOCUMENT,  391          

OR THE PROCESS WITH A PERSON OF SUITABLE AGE AND DISCRETION FOUND  392          

AT THE PREMISES IF THE PERSON TO BE SERVED CANNOT BE FOUND AT THE  393          

TIME THE PERSON MAKING SERVICE ATTEMPTS TO SERVE THE SUMMONS       394          

PURSUANT TO DIVISION (E)(1) OF THIS SECTION;                       395          

      (3)  BY POSTING A COPY IN A CONSPICUOUS PLACE ON THE         397          

SUBJECT PREMISES IF SERVICE CANNOT BE MADE PURSUANT TO DIVISIONS   398          

(E)(1) AND (2) OF THIS SECTION.                                    399          

      (F)  WITHIN TEN DAYS AFTER RECEIVING THE SUMMONS,            401          

COMPLAINT, DOCUMENT, OR OTHER PROCESS FROM THE CLERK FOR SERVICE,  403          

THE PERSON MAKING SERVICE SHALL RETURN THE PROCESS TO THE CLERK.   404          

THE PERSON SHALL INDICATE ON THE PROCESS WHICH METHOD DESCRIBED    405          

IN DIVISION (E) OF THIS SECTION WAS USED TO SERVE THE SUMMONS.     406          

THE CLERK SHALL MAKE THE APPROPRIATE ENTRY ON THE APPEARANCE       407          

DOCKET.                                                                         

      (G)  SERVICE OF PROCESS SHALL BE DEEMED COMPLETE ON THE      409          

DATE THAT EITHER OF THE FOLLOWING HAS OCCURRED:                    410          

      (1)  SERVICE IS MADE PURSUANT TO DIVISION (E)(1) OR (2) OF   413          

THIS SECTION.                                                                   

      (2)  BOTH ORDINARY MAIL SERVICE UNDER DIVISION (C) AND       415          

SERVICE BY POSTING PURSUANT TO DIVISION (E)(3) OF THIS SECTION     416          

HAVE BEEN MADE.                                                    417          

      (H)(1)  THE CLAIM FOR RESTITUTION OF THE PREMISES SHALL BE   420          

SCHEDULED FOR HEARING IN ACCORDANCE WITH LOCAL COURT RULES, BUT    421          

IN NO EVENT SOONER THAN THE TENTH DAY FROM THE DATE SERVICE IS     422          

COMPLETE.                                                                       

      (2)  ANSWER DAY FOR ANY OTHER CLAIMS SHALL BE TWENTY-EIGHT   424          

DAYS FROM THE DATE SERVICE IS COMPLETE.                            425          

      Sec. 3953.01.  As used in sections 3953.01 to 3953.28,       435          

inclusive, of the Revised Code THIS CHAPTER:                       436          

                                                          11     


                                                                 
      (A)  "Title insurance" means insuring, guaranteeing, or      438          

indemnifying owners of real property or others interested therein  439          

IN REAL PROPERTY against loss or damage suffered by reason of      440          

liens, or encumbrances upon, defect in, or the unmarketability     442          

of, the title to such THE REAL property, guaranteeing,             443          

warranting, or otherwise insuring by a title insurance company     445          

the correctness of searches relating to the title to real          446          

property, or doing any business in substance equivalent to any of  447          

the foregoing.                                                                  

      (B)  "The business of title insurance" means THE FOLLOWING:  449          

      (1)  The making as insurer, guarantor, or surety, or         451          

proposing to make as insurer, guarantor, or surety, any contract   452          

or policy of title insurance;                                      453          

      (2)  The transacting, or proposing to transact, any phase    455          

of title insurance, including solicitation, negotiation            456          

preliminary to execution, execution of a contract of title         457          

insurance, insuring, and transacting matters subsequent to the     458          

execution of the contract and arising out of it, including         459          

reinsurance;                                                       460          

      (3)  The doing or proposing to do any business in substance  462          

equivalent to any of the foregoing.                                463          

      (C)  "Title insurance company" means ANY OF THE FOLLOWING:   465          

      (1)  Any domestic title guaranty company and domestic title  467          

guarantee and trust company to the extent that they are engaged    468          

in the business of title insurance as defined in this section;     469          

      (2)  Any domestic company organized under this chapter for   471          

the purpose of insuring titles to real property;                   472          

      (3)  Any title insurance company organized under the laws    474          

of another state or foreign government;                            475          

      (4)  Any domestic or foreign company having THAT HAS the     477          

powers and IS authorized to insure titles to real estate within    478          

this state on the effective date of this section DECEMBER 12,      479          

1967, and which THAT meets the requirements of this chapter.       481          

      (D)  "Applicants for insurance" includes all those, whether  483          

                                                          12     


                                                                 
or not a prospective insured, who from time to time apply to a     484          

title insurance company, or to its agent, for title insurance,     486          

and who at the time of such THAT application are not agents for a  487          

title insurance company.                                           488          

      (E)  "Risk premium" for title insurance means that portion   490          

of the fee charged by a title insurance company, agent of a title  491          

insurance company, or approved attorney of a title insurance       492          

company, or any of them, to an insured or to an applicant for      493          

insurance, for the assumption by the title insurance company of    494          

the risk created by the issuance of the title insurance policy.    495          

      (F)  "Fee" for title insurance means and includes the risk   497          

premium, abstracting or searching charge, examination charge, and  498          

every other charge, exclusive of settlement, closing, or escrow    499          

charges, whether denominated premium or otherwise, made by a       500          

title insurance company, agent of a title insurance company, or    501          

an approved attorney of a title insurance company, or any of       502          

them, to an insured or to an applicant for insurance, for any      504          

policy or contract for the issuance of title insurance, but "fee.  506          

"FEE" does not include any charges paid to and retained by an      507          

attorney at law or abstractor acting as an independent contractor  508          

whether or not he THE ATTORNEY OR ABSTRACTOR is acting as an       509          

agent of a title insurance company or an approved attorney, or     511          

AND DOES NOT INCLUDE any charges made for special services not     513          

constituting title insurance, even though performed in connection  514          

with a title insurance policy or contract.                                      

      (G)  "Approved attorney" means an attorney at law, who is    516          

not an employee of a title insurance company or of a title         517          

insurance agent, AND upon whose examination of title and report    518          

thereon ON THE EXAMINATION a title insurance company may issue a   519          

policy of title insurance.                                         521          

      (H)  "Title insurance agent" means a person, partnership,    523          

or corporation, authorized in writing by a title insurance         524          

company to solicit insurance and collect premiums and to issue or  525          

countersign policies in ON its behalf.  "Title insurance agent"    526          

                                                          13     


                                                                 
does not include officers and salaried employees of any title      528          

insurance company authorized to do a title insurance business      529          

within this state.                                                 530          

      (I)  "Single insurance risk" means the insured amount of     532          

any policy or contract of title insurance issued by a title        533          

insurance company.                                                 534          

      (J)  "Foreign title insurance company" means a title         536          

insurance company organized under the laws of any state or         537          

territory of the United States or the District of Columbia.        538          

      (K)  "Alien title insurance company" means a title           540          

insurance company THAT IS incorporated or organized under the      541          

laws of any foreign nation or of any province or territory         542          

thereof, OF A FOREIGN NATION AND THAT IS not included under the    543          

definition of " A foreign title insurance company."                544          

      (L)  "Non-directed escrow funds" means any funds delivered   547          

to a title insurance agent or title insurance company with         548          

instructions to hold or disburse the funds pursuant to a                        

transaction in which a title insurance policy will be issued, but  550          

without written instructions to either deposit the funds in an     551          

account for the benefit of a specific person, or to pay the                     

interest earned on the funds to a specific person.                 552          

      (M)  "Business day" means any day, other than a Saturday or  554          

Sunday, or a legal holiday, on which a bank, savings and loan      556          

association, credit union, or savings bank is open to the public   557          

for carrying on substantially all of its functions.                             

      (N)  "HOUSING ACCOMMODATIONS" AND "RESTRICTIVE COVENANT"     559          

HAVE THE SAME MEANINGS AS IN SECTION 4112.01 OF THE REVISED CODE.  560          

      Sec. 3953.04.  A title insurance company shall be organized  569          

as a stock corporation as provided in Chapters 1701. and 3929. of  570          

the Revised Code, except as specified in Chapter 3953. of the      571          

Revised Code THIS CHAPTER.  EVERY                                  572          

      Every title insurance company, as defined in division (C)    574          

of section 3953.01 of the Revised Code, that is authorized to do   575          

a title insurance business in this state shall comply with         576          

                                                          14     


                                                                 
section SECTIONS 3929.30 AND 3953.29 of the Revised Code.          578          

      Sec. 3953.07.  No policy or contract of title insurance      587          

shall be written unless it be IS based upon a reasonable           588          

examination of the title and UNLESS a determination of             589          

insurability of title has been made in accordance with sound       590          

underwriting practices for title insurance companies AND UNLESS,   592          

ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, SECTION         593          

3953.29 OF THE REVISED CODE IS COMPLIED WITH IN CONNECTION WITH                 

REGISTERED LAND.  Evidence that such a reasonable examination of   595          

A title has been made shall be preserved and retained in the       596          

files of the title insurance company or its agents for a period    597          

of not less than ten years after the policy or contract of title   598          

insurance has been issued.  This section does not apply to a       599          

company assuming no primary liability in a contract of             600          

reinsurance, nor AND DOES NOT APPLY to a company acting as a       601          

coinsurer if one of the other coinsuring companies has complied    602          

with this section.                                                 603          

      Sec. 3953.29.  ON AND AFTER THE EFFECTIVE DATE OF THIS       605          

SECTION, IN CONNECTION WITH ANY TRANSFER OF REGISTERED LAND THAT   606          

OCCURS ON OR AFTER THAT DATE IN ACCORDANCE WITH CHAPTERS 5309.     607          

AND 5310. OF THE REVISED CODE, NO TITLE INSURANCE COMPANY SHALL    608          

WRITE A POLICY OR CONTRACT OF TITLE INSURANCE THAT INCLUDES ANY    609          

SPECIFIC REFERENCE TO ANY RESTRICTIVE COVENANT THAT APPEARS TO                  

APPLY TO THE TRANSFERRED REGISTERED LAND, IF ANY INCLUSION OF THE  610          

RESTRICTIVE COVENANT IN A TRANSFER, RENTAL, OR LEASE OF HOUSING    611          

ACCOMMODATIONS, ANY HONORING OR EXERCISING OF THE RESTRICTIVE      612          

COVENANT, OR ANY ATTEMPT TO HONOR OR EXERCISE THE RESTRICTIVE      613          

COVENANT CONSTITUTES AN UNLAWFUL DISCRIMINATORY PRACTICE UNDER     614          

DIVISION (H)(9) OF SECTION 4112.02 OF THE REVISED CODE.  ON AND                 

AFTER THE EFFECTIVE DATE OF THIS SECTION, IF A POLICY OR CONTRACT  615          

OF TITLE INSURANCE WRITTEN BY A TITLE INSURANCE COMPANY IN         616          

CONNECTION WITH ANY TRANSFER OF REGISTERED LAND THAT OCCURS ON OR  617          

AFTER THAT DATE IN ACCORDANCE WITH CHAPTERS 5309. AND 5310. OF     618          

THE REVISED CODE INCLUDES A GENERAL OR CATCH-ALL REFERENCE TO      619          

                                                          15     


                                                                 
EASEMENTS, ESTATES, LIENS, ENCUMBRANCES, CHARGES, RIGHTS, OR                    

RESTRICTIONS OF RECORD, THE GENERAL OR CATCH-ALL REFERENCE SHALL   620          

BE REGARDED BY THE PARTIES TO THE TRANSFER OF THE REGISTERED LAND  621          

AND THEIR SUCCESSORS IN INTEREST AND SHALL BE DEEMED FOR ALL       622          

LEGAL PURPOSES TO REFER TO AND INCORPORATE BY REFERENCE            623          

EASEMENTS, ESTATES, LIENS, ENCUMBRANCES, CHARGES, RIGHTS, AND      624          

RESTRICTIONS OF RECORD OTHER THAN A RESTRICTIVE COVENANT THE                    

INCLUSION OF WHICH IN A TRANSFER, RENTAL, OR LEASE OF HOUSING      625          

ACCOMMODATIONS, THE HONORING OR EXERCISING OF WHICH, OR THE        626          

ATTEMPT TO HONOR OR EXERCISE OF WHICH CONSTITUTES AN UNLAWFUL      627          

DISCRIMINATORY PRACTICE UNDER DIVISION (H)(9) OF SECTION 4112.02   628          

OF THE REVISED CODE.                                                            

      Sec. 5309.01.  As used in sections 5309.02 to 5310.21,       637          

inclusive, THIS CHAPTER AND CHAPTER 5310. of the Revised Code:     639          

      (A)  "Certificate of title" includes all memorials and       641          

notations noted thereunder UNDER A CERTIFICATE OF TITLE.           642          

      (B)  "Trust deed in the nature of a mortgage" is a mortgage  644          

and subject to the same rules as a mortgage.                       645          

      (C)  "Probate court" means the court at the time having      647          

jurisdiction of HAS the settlement of estates and testamentary     648          

matters whether it is the probate court, or the court of common    649          

pleas SAME MEANING AS IN SECTION 2101.01 OF THE REVISED CODE.      650          

      (D)  "Registered land" means any land registered under       652          

sections 5309.02 to 5310.21, inclusive, THIS CHAPTER AND CHAPTER   654          

5310. of the Revised Code.                                                      

      (E)  "HOUSING ACCOMMODATIONS" AND "RESTRICTIVE COVENANT"     656          

HAVE THE SAME MEANINGS AS IN SECTION 4112.01 OF THE REVISED CODE.  657          

      Sec. 5309.06.  No estate less than a fee simple, nor any     666          

AND NO mortgage, lien, or charge of any kind shall be registered,  667          

unless the fee in possession, remainder, or reversion, or other    668          

character of fee in and to the same land, has been registered      669          

first or is registered at the same time.  If the estate of the     670          

applicant is subject to any outstanding lesser estate, including   671          

life estates, estates for years, conditional limitations,          672          

                                                          16     


                                                                 
executory devises or uses, springing or shifting uses, or other    673          

future estate, interest, or limitation, whether vested or          674          

contingent, or IS SUBJECT TO any private easement or other estate  676          

or interest of any kind, or is subject to any mortgage, lien, or                

charge, each LESSER ESTATE, PRIVATE EASEMENT, OTHER ESTATE OR      677          

INTEREST, MORTGAGE, LIEN, OR CHARGE shall be noted on the          678          

certificate of title and duplicate thereof OF THE CERTIFICATE OF   680          

TITLE, except taxes not due and, leases for less than three        681          

years, and the RESTRICTIVE COVENANTS DESCRIBED IN DIVISION (B) OF  682          

SECTION 5309.24 OF THE REVISED CODE.  THE title to the estate so   683          

registered and certified shall be subject only to such THE lesser  684          

estates, PRIVATE EASEMENTS, OTHER ESTATES OR INTERESTS,                         

mortgages, liens, and charges as are so noted, except as provided  685          

in section 5309.28 of the Revised Code.  A perpetual leasehold     687          

shall, for the purposes of sections 5309.02 to 5310.21 THIS        688          

CHAPTER AND CHAPTER 5310. of the Revised Code, SHALL be treated    689          

as an estate in fee, and the possible reversion or remainder in    690          

fee thereunder UNDER THE LEASEHOLD SHALL BE TREATED as the lesser  691          

estate.                                                                         

      No parcel of land that lies partly in two or more counties   693          

shall be registered if one or more of the counties in which the    694          

parcel lies have abolished their land registration systems.        695          

      Sec. 5309.09.  The application to register the title to      704          

land or to any interest therein IN LAND shall be signed and sworn  706          

to by each applicant or by an authorized person for each           707          

applicant.  In addition to any other appropriate, relevant, and    708          

material matter, the application shall set forth substantially     709          

ALL OF THE FOLLOWING:                                                           

      (A)  The full name, age, place of residence, and             711          

post-office address of the applicant or owner, and the full name,  712          

PLACE OF residence, and post-office address of any one PERSON      714          

acting on behalf of the applicant or owner, and the name of the    715          

applicant or owner as it appears in his THE muniments of title,    716          

whether the applicant OR OWNER is now married or single, and, if   717          

                                                          17     


                                                                 
married, the full name of the husband or wife APPLICANT'S OR       718          

OWNER'S SPOUSE, whether the applicant or owner has been                         

previously married, and, if so, when, and by what means the        720          

marriage relation was terminated, and, if by divorce, DISSOLUTION  721          

OF MARRIAGE, OR ANNULMENT, when, where, and by what court the      722          

divorce, DISSOLUTION OF MARRIAGE, OR ANNULMENT was granted, and    723          

what interest in or lien upon the land described in the            724          

application the A former husband or wife SPOUSE has; if the        725          

application is by a guardian or trustee, the name of the guardian  727          

or trustee, how, when, where, and by what court THE GUARDIAN OR    728          

TRUSTEE WAS appointed, the full name, nature of disability, and    729          

post-office address of his THE ward, and with whom such THE ward   730          

resides; OR if made by a corporation, the names and addresses of   731          

its president, secretary, and managing officers, when and where    732          

IT WAS incorporated, and its principal place of doing business;    733          

      (B)  An accurate and full description of the land as it      735          

appears in the muniments of title of the applicant or owner, if    736          

it is there so described, OR otherwise a pertinent description     737          

from which the land can be definitely and accurately located;      738          

and, in all cases, an accurate plat of the land THAT IS drawn to   739          

a scale, showing AND SHOWS the lines, corners, monuments, courses  740          

and distances, streets, public ways or places, highways, private   742          

ways, AND adjoining lands with names of owners, streams, and       743          

other important objects connected with said THOSE lands;           744          

      (C)  A description of the buildings and improvements on the  746          

land;                                                              747          

      (D)  The applicant's or owner's interest in the land,        749          

buildings, and improvements and the source of his THE APPLICANT'S  750          

OR OWNER'S title;                                                  751          

      (E)  For what purpose the land, buildings, or improvements   753          

are occupied or used, and, if occupied or used by any person       754          

other than the applicant or owner, the name, PLACE OF residence,   756          

and post-office address of each occupant or user and what          758          

interest he EACH OCCUPANT OR USER has or claims therein IN THE     759          

                                                          18     


                                                                 
LAND, BUILDINGS, OR IMPROVEMENTS;                                  760          

      (F)  The nature, amount, date and, maturity, and volume and  762          

page of record, of all apparent or real liens, charges, and        763          

encumbrances of any kind on the land, buildings, or improvements,  764          

or any part thereof OF THE LAND, BUILDINGS, OR IMPROVEMENTS,       765          

including, BUT NOT LIMITED TO, mortgages, deeds of trust as        767          

security, mechanics' or materialmen's liens, judgments, decrees,   768          

and executions, home and foreign, and the name, PLACE OF           769          

residence, and post-office address of each holder thereof, OF THE  770          

LIENS, CHARGES, AND ENCUMBRANCES and of each person shown by the   771          

records or known to at any time have had an interest in any such   772          

lien OF THE LIENS, charge CHARGES, or encumbrance ENCUMBRANCES,    774          

and which of said THE apparent liens, charges, and encumbrances    776          

are clouds upon the applicant's or owner's title; AND the style,   777          

docket number, and character of all suits pending by or against    778          

the applicant or owner, or any of his THE APPLICANT'S OR OWNER'S   779          

predecessors in title in any court of record, the judgments in     781          

which might AFFECT in any way affect the title of the applicant    783          

or owner to, or MIGHT become liens upon, the lands described in    784          

the application;.  ON AND AFTER THE EFFECTIVE DATE OF THIS         785          

AMENDMENT, AN APPLICATION SHALL NOT SET FORTH PURSUANT TO THIS     786          

DIVISION ANY RESTRICTIVE COVENANT THAT APPEARS TO APPLY TO THE     787          

LAND, BUILDINGS, OR IMPROVEMENTS OR ANY PART OF THE LAND,                       

BUILDINGS, OR IMPROVEMENTS, IF ANY INCLUSION OF THE RESTRICTIVE    789          

COVENANT IN A TRANSFER, RENTAL, OR LEASE OF HOUSING                790          

ACCOMMODATIONS, ANY HONORING OR EXERCISING OF THE RESTRICTIVE      791          

COVENANT, OR ANY ATTEMPT TO HONOR OR EXERCISE THE RESTRICTIVE                   

COVENANT CONSTITUTES AN UNLAWFUL DISCRIMINATORY PRACTICE UNDER     792          

DIVISION (H)(9) OF SECTION 4112.02 OF THE REVISED CODE.            793          

      (G)  Whether any other person to the knowledge or            795          

information of the applicant, OR OWNER or as shown by the          797          

records, has or claims any interest in the lands, buildings, or    798          

improvements, either in law or equity, apparent or real, OR in     799          

possession, remainder, reversion, expectancy, or otherwise; the    800          

                                                          19     


                                                                 
name, PLACE OF residence, and post-office address of each such     801          

person OF THAT NATURE and the nature of the interest apparent or   802          

real, INTEREST so held or claimed,; and which of said THOSE        804          

apparent interests are clouds upon the applicant's or owner's      805          

title;.  ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, AN     806          

APPLICATION SHALL NOT SET FORTH PURSUANT TO THIS DIVISION ANY      807          

RESTRICTIVE COVENANT THAT APPEARS TO APPLY TO THE LAND,            808          

BUILDINGS, OR IMPROVEMENTS OR ANY PART OF THE LAND, BUILDINGS, OR  809          

IMPROVEMENTS, IF ANY INCLUSION OF THE RESTRICTIVE COVENANT IN A    810          

TRANSFER, RENTAL, OR LEASE OF HOUSING ACCOMMODATIONS, ANY          811          

HONORING OR EXERCISING OF THE RESTRICTIVE COVENANT, OR ANY                      

ATTEMPT TO HONOR OR EXERCISE THE RESTRICTIVE COVENANT CONSTITUTES  812          

AN UNLAWFUL DISCRIMINATORY PRACTICE UNDER DIVISION (H)(9) OF       813          

SECTION 4112.02 OF THE REVISED CODE.                               814          

      (H)  The name, PLACE OF residence, and post-office address   816          

of each owner and of each occupant of the adjoining lands so far   817          

as shown by the records, and so far as the applicant OR OWNER,     818          

upon diligent inquiry and research, is able to ascertain, AND the  820          

extent and character of such THOSE ADJOINING lands to be stated;   821          

      (I)  If this state, or any political subdivision thereof,    823          

of THE STATE, ANY public authority, or ANY public body corporate,  825          

will in any way be affected by a decree of the probate court or    826          

the court of common pleas determining or ordering the title of     827          

the plaintiff APPLICANT or owner to be registered, the state, or   828          

such political subdivision, public authority, or PUBLIC body       829          

corporate, shall be made a party defendant to the application,     831          

and proper allegations SHALL BE made as to its interest in the     832          

case;.                                                                          

      (J)  If the applicant OR OWNER desires to have the           834          

boundaries of any street, public way, private way, or highway      835          

adjacent to or located within said THE land, determined, a         836          

statement to that effect, describing the street, public way,       838          

private way, or highway, the proper public authority having        839          

charge and control of such THAT street, public way, or highway,    840          

                                                          20     


                                                                 
and the persons interested in such THAT private way, to.  THE      841          

PROPER PUBLIC AUTHORITIES AND INTERESTED PERSONS SHALL be named    842          

and made parties defendant, DEFENDANTS TO THE APPLICATION and, AS  844          

APPLICABLE, their PLACES OF residence and post-office address      845          

ADDRESSES SHALL BE given;.                                                      

      (K)  Such ANY further statements and allegations as THAT     848          

are in any case required by sections 5309.02 to 5310.21,                        

inclusive, THIS CHAPTER OR CHAPTER 5310. of the Revised Code, or   850          

which THAT may be required by general or special rule or order of  852          

the court in which the application is filed;                                    

      (L)  Any other material facts within the knowledge or        854          

information of the applicant OR OWNER relating to the title or     855          

possession of the lands, buildings, or improvements thereon, or    857          

to any estate therein IN THE LANDS, BUILDINGS, OR IMPROVEMENTS,    858          

or TO ANY lien, charge, or encumbrance thereon; ON THE LAND,       860          

BUILDINGS, OR IMPROVEMENTS.  ON AND AFTER THE EFFECTIVE DATE OF    861          

THIS AMENDMENT, AN APPLICATION SHALL NOT SET FORTH PURSUANT TO     862          

THIS DIVISION ANY RESTRICTIVE COVENANT THAT APPEARS TO APPLY TO    863          

THE LAND, BUILDINGS, OR IMPROVEMENTS, IF ANY INCLUSION OF THE      864          

RESTRICTIVE COVENANT IN A TRANSFER, RENTAL, OR LEASE OF HOUSING    865          

ACCOMMODATIONS, ANY HONORING OR EXERCISING OF THE RESTRICTIVE      866          

COVENANT, OR ANY ATTEMPT TO HONOR OR EXERCISE THE RESTRICTIVE                   

COVENANT CONSTITUTES AN UNLAWFUL DISCRIMINATORY PRACTICE UNDER     867          

DIVISION (H)(9) OF SECTION 4112.02 OF THE REVISED CODE.            868          

      (M)  A prayer that all persons mentioned in the              870          

application, whether by name or other designation, and all other   871          

persons whomsoever, may be made and treated as defendants to said  873          

THE application and properly brought before the court and, that    874          

the title of the plaintiff APPLICANT or owner may be settled and   875          

determined and, THAT all clouds MAY BE removed therefrom and FROM  876          

THE TITLE, THAT THE TITLE MAY BE ordered to be registered as set   877          

out in the petition APPLICATION, and that all lesser or other      878          

estates and interests in, and all liens and, charges, AND          879          

ENCUMBRANCES upon said THE land or any part thereof OF THE LAND    881          

                                                          21     


                                                                 
MAY be settled and determined by the court and, SUBJECT TO         882          

DIVISION (B) OF SECTION 5309.24 OF THE REVISED CODE, MAY BE        883          

ordered to be registered.                                          884          

      Sec. 5309.24.  (A)  Every decree of registration in land     893          

registration cases shall bear the year, month, day, hour, and      894          

minute of its entry and shall be signed by the clerk of the        895          

probate court or the clerk of the court of common pleas.  It       896          

shall give the PLACE OF residence and POST-OFFICE address of the   897          

owner of the land registered, state whether he or she THE OWNER    898          

is married or unmarried, and if THE OWNER IS married, the name of  899          

the husband or wife OWNER'S SPOUSE.  If such THE owner is under    902          

disability, such THE decree shall state the nature of the                       

disability, and, if THE OWNER IS a minor, shall state his THE      904          

MINOR'S age.  Such THE decree shall contain an accurate            905          

description and plat of each separate parcel of the land as        906          

finally determined and adopted by the probate court or the court   907          

of common pleas, shall set forth the estate of the owner, and, in  908          

such A manner as to show THAT SHOWS their relative priority, BUT   909          

SUBJECT TO DIVISION (B) OF THIS SECTION, SHALL SET FORTH all       910          

particular estates, mortgages, easements, liens, attachments, and  912          

other encumbrances, including rights of husband or wife SPOUSES,   913          

to which the land or the owner's estate is subject and, all suits  914          

pending by or against the owner or any of his THE OWNER'S          915          

predecessors in title in any court of record in the county, the    917          

judgments in which might affect the land or the owner's title                   

thereto TO THE LAND, and all such suits OF THAT NATURE elsewhere   919          

pending if they were brought to the attention of the probate       920          

court or the court of common pleas by the pleadings or evidence                 

in the case.  Such THE decree may contain any other matter         921          

properly to be determined by the court in pursuance of sections    922          

5309.02 to 5310.21, inclusive, UNDER THIS CHAPTER AND CHAPTER      923          

5310. of the Revised Code.  The decree shall be stated in a form   924          

convenient for transcription upon or binding in the register of    925          

certificates of title mentioned DESCRIBED in section 5309.25 of    926          

                                                          22     


                                                                 
the Revised Code, and SHALL BE in a form suitable to constitute    927          

such THE decree AS a certificate of title, and shall so far GIVE   929          

INSOFAR as possible give the full name, PLACE OF residence, and    930          

post-office address of each owner and holder of any interest in    931          

or lien or, charge, OR ENCUMBRANCE upon the lands or any part      932          

thereof OF THE LANDS, EXCEPT AS PROVIDED IN DIVISION (B) OF THIS   933          

SECTION.  The clerk, under the direction of the court, shall make  934          

and keep indexes of all applications and of all decrees of         935          

registration.                                                      936          

      (B)  ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, A    938          

DECREE OF REGISTRATION IN A LAND REGISTRATION CASE SHALL NOT SET   939          

FORTH PURSUANT TO DIVISION (A) OF THIS SECTION ANY RESTRICTIVE     940          

COVENANT THAT APPEARS TO APPLY TO THE LAND OR ANY PART OF THE      941          

LAND, IF ANY INCLUSION OF THE RESTRICTIVE COVENANT IN A TRANSFER,  942          

RENTAL, OR LEASE OF HOUSING ACCOMMODATIONS, ANY HONORING OR        943          

EXERCISING OF THE RESTRICTIVE COVENANT, OR ANY ATTEMPT TO HONOR                 

OR EXERCISE THE RESTRICTIVE COVENANT CONSTITUTES AN UNLAWFUL       944          

DISCRIMINATORY PRACTICE UNDER DIVISION (H)(9) OF SECTION 4112.02   945          

OF THE REVISED CODE.                                                            

      Sec. 5309.28.  (A)  Every applicant in a land registration   954          

case who, without fraud on his THE APPLICANT'S part, receives a    956          

certificate of title in pursuance of a decree of registration,     957          

and every subsequent purchaser of registered land, who takes a     958          

certificate of title for value and in good faith, shall hold such  959          

THE REGISTERED land free from all estates, encumbrances, and       961          

rights except those noted on the certificate and except any of     962          

the following estates, encumbrances, and rights which THAT may be  963          

existing EXIST:                                                    964          

      (A)(1)  Liens, claims, or rights arising or existing under   966          

the laws or constitution of the United States which THAT the       967          

statutes of this state cannot require to appear of record in the   968          

county recorder's office;                                          969          

      (B)(2)  Taxes and assessments levied by the United States,   971          

this state, or any taxing district of this state;                  972          

                                                          23     


                                                                 
      (C)(3)  Any highway, public way, or private way laid out or  974          

acquired by law or otherwise, unless the certificate of title      975          

states that the nonexistence of such THE way, or the boundaries    977          

thereof OF THE WAY, if the same exists ANY BOUNDARIES EXIST, have  978          

been determined by the court;                                                   

      (D)(4)  Any lease for a term not exceeding three years,      980          

when there is actual possession under the lease;                   981          

      (E)(5)  Right of appeal within thirty days after decree of   983          

registration;                                                      984          

      (F)(6)  If there are easements or other rights appurtenant   986          

to a parcel of registered land which THAT ARE NOT SUBJECT TO       987          

SECTION 5309.281 OF THE REVISED CODE AND THAT for any reason have  988          

not been registered, such THOSE easements or rights shall remain   989          

appurtenant, notwithstanding such THE failure to register, THEM    991          

and shall be held to pass with the land.                           992          

      (B)  This section shall be printed or written on all         994          

duplicate certificates of title before delivery by the COUNTY      995          

recorder.                                                                       

      Sec. 5309.281.  ON AND AFTER THE EFFECTIVE DATE OF THIS      997          

SECTION, NO COUNTY RECORDER SHALL DO ANY OF THE FOLLOWING:         998          

      (A)  TRANSCRIBE OR BIND IN THE REGISTER OF TITLES AND, IF    1,000        

APPLICABLE, FILE A CERTIFIED COPY OF A DECREE OF REGISTRATION      1,001        

SENT BY THE CLERK OF A PROBATE COURT PURSUANT TO SECTION 5309.25   1,002        

OF THE REVISED CODE, IF THE DECREE SETS FORTH ANY RESTRICTIVE      1,003        

COVENANT THAT APPEARS TO APPLY TO THE LAND INVOLVED AND ANY        1,004        

INCLUSION OF THE RESTRICTIVE COVENANT IN A TRANSFER, RENTAL, OR                 

LEASE OF HOUSING ACCOMMODATIONS, ANY HONORING OR EXERCISING OF     1,005        

THE RESTRICTIVE COVENANT, OR ANY ATTEMPT TO HONOR OR EXERCISE THE  1,006        

RESTRICTIVE COVENANT CONSTITUTES AN UNLAWFUL DISCRIMINATORY        1,007        

PRACTICE UNDER DIVISION (H)(9) OF SECTION 4112.02 OF THE REVISED   1,008        

CODE;                                                                           

      (B)  MAKE AND DELIVER TO THE OWNER OF LAND OR THAT OWNER'S   1,010        

AUTHORIZED ATTORNEY AN OWNER'S DUPLICATE CERTIFICATE PURSUANT TO   1,011        

SECTION 5309.25 OF THE REVISED CODE, IF DIVISION (A) OF THIS       1,012        

                                                          24     


                                                                 
SECTION PROHIBITS THE TRANSCRIBING OR BINDING OF THE CERTIFIED     1,013        

COPY OF THE DECREE OF REGISTRATION IN THE REGISTER OF TITLES;      1,014        

      (C)  ISSUE ANY DUPLICATE CERTIFICATE OF TITLE TO REGISTERED  1,016        

LAND, ANY CERTIFIED COPY OF A LOST OR DESTROYED DUPLICATE          1,017        

CERTIFICATE OF TITLE TO REGISTERED LAND, OR ANY NEW CERTIFICATE    1,018        

OF TITLE TO REGISTERED LAND UNDER ANY PROVISION OF THIS CHAPTER    1,019        

AND CHAPTER 5310. OF THE REVISED CODE AND UNDER CIRCUMSTANCES NOT  1,020        

DESCRIBED IN DIVISION (B) OF THIS SECTION, WITHOUT FIRST DELETING  1,021        

IN THE DUPLICATE CERTIFICATE OF TITLE, CERTIFIED COPY OF THE LOST  1,022        

OR DESTROYED DUPLICATE CERTIFICATE OF TITLE, OR NEW CERTIFICATE    1,023        

OF TITLE ANY REFERENCE TO ANY RESTRICTIVE COVENANT DESCRIBED IN                 

DIVISION (A) OF THIS SECTION;                                      1,025        

      (D)  INITIALLY ENTER ANY MEMORIAL, NOTATION, OR MEMORANDUM   1,027        

TO THE EXTENT THAT IT REFERS TO ANY RESTRICTIVE COVENANT           1,028        

DESCRIBED IN DIVISION (A) OF THIS SECTION;                         1,029        

      (E)  NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS CHAPTER  1,031        

OR CHAPTER 5310. OF THE REVISED CODE, CARRY FORWARD IN CONNECTION  1,032        

WITH THE REGISTRATION OF A TRANSFER OF REGISTERED LAND ANY         1,033        

MEMORIAL, NOTATION, OR MEMORANDUM TO THE EXTENT THAT IT REFERS TO  1,034        

ANY RESTRICTIVE COVENANT DESCRIBED IN DIVISION (A) OF THIS         1,035        

SECTION;                                                                        

      (F)  NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS          1,037        

CHAPTER, FILE ANY INSTRUMENT OR PAPER THAT RELATES TO REGISTERED   1,038        

LAND AND THAT REFERS TO ANY RESTRICTIVE COVENANT DESCRIBED IN      1,039        

DIVISION (A) OF THIS SECTION;                                                   

      (G)  NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS          1,041        

CHAPTER, ENTER AND INDEX ANY INSTRUMENT OR PAPER WITH A REFERENCE  1,042        

TO A CERTIFICATE OF TITLE, IF THE INSTRUMENT OR PAPER REFERS TO    1,043        

ANY RESTRICTIVE COVENANT DESCRIBED IN DIVISION (A) OF THIS         1,044        

SECTION.                                                                        

      Sec. 5309.33.  (A)  The county recorder shall keep tract     1,053        

indexes if the board of county commissioners orders him THE        1,055        

RECORDER to do so and provides the proper records for such THOSE   1,056        

indexes.  In such THOSE indexes such, THE recorder shall enter     1,058        

                                                          25     


                                                                 
the lands registered in the numerical order of the townships,      1,059        

ranges, and sections, or original surveys, and, in THE case of     1,060        

subdivisions, the blocks and lots therein, and IN THE              1,061        

SUBDIVISIONS; the name of the owners, with; AND a reference to     1,062        

the volume and folium of the register in which the lands are       1,064        

registered.  Each THE recorder shall keep alphabetical indexes,    1,066        

in which shall be entered in alphabetical order the names of all   1,067        

registered owners and all other persons interested in, or holding  1,068        

charges upon, registered land, a short description of the land,    1,069        

and THE nature of the dealing, with AND a reference to the volume  1,071        

and folium of the register in which the land is registered.        1,072        

      (B)  IN CONNECTION WITH ANY TRANSFER OF REGISTERED LAND      1,074        

THAT OCCURS ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT IN   1,075        

ACCORDANCE WITH THIS CHAPTER AND CHAPTER 5310. OF THE REVISED      1,076        

CODE, THE COUNTY RECORDER SHALL DELETE FROM THE INDEXES            1,077        

MAINTAINED UNDER THIS SECTION ALL REFERENCES TO ANY RESTRICTIVE    1,078        

COVENANT THAT APPEARS TO APPLY TO THE TRANSFERRED REGISTERED                    

LAND, IF ANY INCLUSION OF THE RESTRICTIVE COVENANT IN A TRANSFER,  1,079        

RENTAL, OR LEASE OF HOUSING ACCOMMODATIONS, ANY HONORING OR        1,080        

EXERCISING OF THE RESTRICTIVE COVENANT, OR ANY ATTEMPT TO HONOR    1,081        

OR EXERCISE THE RESTRICTIVE COVENANT CONSTITUTES AN UNLAWFUL       1,082        

DISCRIMINATORY PRACTICE UNDER DIVISION (H)(9) OF SECTION 4112.02   1,083        

OF THE REVISED CODE.                                                            

      Sec. 5309.36.  Whenever SUBJECT TO DIVISION (E) OF SECTION   1,092        

5309.281 OF THE REVISED CODE, IF a memorial or notation has been   1,093        

entered as permitted by sections 5309.02 to 5310.21, inclusive,    1,094        

THIS CHAPTER AND CHAPTER 5310. of the Revised Code, the county     1,095        

recorder shall carry such THE memorial or notation forward upon    1,096        

all certificates of title until such THOSE certificates are        1,097        

canceled in some manner authorized by such sections THIS CHAPTER   1,098        

OR CHAPTER 5310. OF THE REVISED CODE.                              1,099        

      Sec. 5309.38.  Each county recorder shall keep an entry      1,108        

book in which he THE RECORDER shall enter and number in the order  1,110        

of their reception all deeds and other voluntary instruments and,  1,111        

                                                          26     


                                                                 
all involuntary instruments, and copies of writs or other papers   1,112        

THAT ARE filed with him which THE RECORDER AND THAT relate to      1,114        

registered land.  He EXCEPT AS PROVIDED IN SECTION 5309.281 OF     1,115        

THE REVISED CODE, THE RECORDER shall note in such THE ENTRY book   1,116        

the year, month, day, hour, and minute of reception of all         1,117        

instruments or papers in the order in which they are received,     1,118        

and shall ENTER at the same time enter the number of the AN        1,120        

instrument or paper in the appropriate blank space on the          1,121        

registered certificate of title for the land to which it relates.  1,122        

Such EXCEPT AS PROVIDED IN SECTION 5309.281 OF THE REVISED CODE,   1,123        

THE instruments AND PAPERS shall be regarded as registered and     1,124        

become effective for the purposes intended from the time they are  1,125        

so filed and noted, and certificates of title and the memorials    1,126        

MEMORIAL of each instrument OR PAPER when made on the registered   1,128        

certficate CERTIFICATE OF TITLE or duplicate certificate of title  1,130        

to which it relates shall bear the same date, except as provided   1,131        

in sections 5309.02 to 5310.21, inclusive, THIS CHAPTER AND        1,132        

CHAPTER 5310. of the Revised Code.                                 1,133        

      Every deed or other instrument, voluntary or involuntary,    1,135        

INSTRUMENT and every paper which THAT is filed with the recorder,  1,137        

shall be numbered and endorsed over the official signature of the  1,138        

recorder with the time of filing and, SUBJECT TO SECTION 5309.281  1,139        

OF THE REVISED CODE, SHALL BE entered and indexed with a           1,140        

reference to the proper certificate of title.  All records,        1,141        

INSTRUMENTS, and papers relative to registered land in the office  1,143        

of the recorder shall be open to the public in the same manner as  1,144        

other public records, subject to such reasonable regulations as    1,145        

THAT the recorder makes under the direction of the probate court   1,147        

or the court of common pleas.                                      1,148        

      Sec. 5309.40.  A registered owner in fee of real property,   1,157        

in order to transfer his THE OWNER'S whole interest in such THE    1,159        

property or in any part thereof, OF THE PROPERTY or TO TRANSFER    1,160        

any undivided interest therein, IN THE PROPERTY shall execute to   1,162        

the intended transferee a deed or instrument of conveyance which   1,163        

                                                          27     


                                                                 
THAT, in case of transfer of the whole of the land PROPERTY, may   1,164        

be on the duplicate certificate of title,.  THE DEED OR            1,165        

INSTRUMENT OF CONVEYANCE MAY BE in any form authorized by law.     1,168        

When such THE transferee presents such THE deed or instrument OF   1,169        

CONVEYANCE to the county recorder of the county where IN WHICH     1,170        

the land PROPERTY is situated, such THE recorder shall file the    1,171        

same DEED OR INSTRUMENT OF CONVEYANCE, and, if he THE RECORDER     1,172        

finds that such THE transferor is entitled to make the transfer    1,175        

as provided in sections 5309.02 to 5310.21, inclusive, UNDER THIS  1,176        

CHAPTER AND CHAPTER 5310. of the Revised Code, the recorder shall  1,178        

register the title, in accordance with such THE deed or            1,179        

instrument of conveyance, in the NAME OF THE transferee, upon a    1,180        

new folium in the register of titles, and SHALL enter thereon ON   1,181        

THE NEW FOLIUM IN A MANNER CONSISTENT WITH SECTION 5309.281 OF     1,182        

THE REVISED CODE all memorials, notations, and memorandums,        1,184        

MEMORANDA to which the land PROPERTY is subject at the time of     1,186        

the transfer, and shall issue a new certificate of title to the    1,187        

transferee, stating therein his THAT STATES THE TRANSFEREE'S full  1,188        

name, PLACE OF residence, and post-office address, whether THE     1,189        

TRANSFEREE IS married, and, if so THE TRANSFEREE IS MARRIED, the   1,190        

name of husband or wife THE TRANSFEREE'S SPOUSE.  If the           1,191        

transferee is a minor, his THE TRANSFEREE'S exact age must be      1,193        

given ON THE NEW CERTIFICATE OF TITLE, or, if THE TRANSFEREE IS    1,194        

under other ANOTHER disability, the nature and character of such   1,196        

THAT disability must be stated ON THE NEW CERTIFICATE OF TITLE.    1,197        

Before a transfer can be registered, the transferor or the         1,198        

transferee must SHALL deliver to the recorder the duplicate        1,200        

certificate of title of the transferor, and the recorder shall     1,201        

enter upon the folium of the register where such IN WHICH THE      1,202        

title of the transferor is registered, and upon the duplicate      1,203        

certificate of title, a memorial or memorandum canceling the same  1,205        

IT, in whole or in part, as the interest of the transferee may     1,206        

appear from the deed or other instrument of transfer CONVEYANCE,   1,207        

with such THE particulars of the transfer as THAT may be           1,208        

                                                          28     


                                                                 
necessary for identification, together with the date of transfer,  1,209        

the name and, PLACE OF residence, and post-office address of the   1,211        

transferee, and THE volume and folium of the register in which     1,212        

the transferee's title is registered.                              1,213        

      Sec. 5309.76.  (A)  After a title is registered and a        1,222        

certificate of title is issued therefor, FOR THE REGISTERED LAND   1,223        

or after a memorandum, notation, or memorial is made on the        1,225        

register of titles and attested, no alteration or erasure shall    1,226        

be made therein IN THE REGISTER except in the manner provided in   1,227        

this section AND AS REQUIRED BY SECTION 5309.281 OF THE REVISED    1,228        

CODE.                                                                           

      (B)  A person whose name was changed since CHANGES AFTER     1,231        

the issuing of a REGISTERED certificate of title or, who was IS    1,232        

registered as married but the WHOSE marriage has terminated, or    1,233        

whose name by mistake IS wrongly stated in a registered            1,234        

certificate OF TITLE, must, upon satisfying the county recorder    1,236        

of the facts, SHALL surrender his THAT PERSON'S duplicate          1,237        

certificate OF TITLE and take out a new one CERTIFICATE OF TITLE   1,238        

in his THAT PERSON'S correct or changed name, and.  THE RECORDER   1,239        

SHALL ENTER AND ATTEST ON THE REGISTER OF TITLES a memorandum of   1,240        

such THAT change or correction, giving the AND ITS date thereof,   1,242        

must be entered and attested by the recorder.  This paragraph      1,243        

DIVISION applies to every person holding a registered interest in  1,244        

or upon land, and no transfer or assignment shall be registered    1,245        

until such A change or correction DESCRIBED IN THIS DIVISION is    1,246        

made.                                                                           

      (C)  When it appears that there is an error or omission in   1,248        

any certificate of title, or memorandum, or memorial, or that any  1,249        

memorandum or memorial was made, entered, and indorsed, ENDORSED   1,250        

or any certificate of title was entered or issued by mistake, or   1,252        

that any certificate of title was, MEMORANDUM, OR MEMORIAL by      1,253        

mistake or otherwise WAS improperly canceled or improperly         1,255        

removed from the record REGISTER OF TITLES, the COUNTY recorder    1,256        

may, on his THE RECORDER'S own motion, or upon the application of  1,257        

                                                          29     


                                                                 
any person interested, PERSON, MAY summon all persons registered   1,258        

as interested in the lands to which such THE certificate of        1,259        

title, memorandum, or memorial relates, to appear at an appointed  1,261        

time, and TO produce their certificates of title or registered     1,262        

instruments, and if.  IF, at the appointed time, the recorder      1,263        

finds such AN error, or omission, or mistake, or such improper     1,265        

cancellation, or improper removal of a certificate of title        1,266        

exists, AS DESCRIBED IN THIS DIVISION and that no rights of bona   1,267        

fide purchasers or lien holders LIENHOLDERS for value have         1,268        

intervened by which their estate or interest will be impaired by   1,270        

the correction of such THE error, omission, or mistake, or by the  1,271        

restoration to the register of any such improperly canceled or     1,273        

improperly removed certificate of title, he MEMORANDUM, OR         1,274        

MEMORIAL, THE RECORDER shall correct such THE error or mistake,    1,275        

or supply the omission, and may correct the cancellation of any    1,276        

THE certificate of title or registered instrument, or any          1,277        

memorandum, or memorial entered upon the registration book, or     1,278        

indorsed upon the registered instrument or certificate of title,   1,279        

by mistake, or restore to the register such THE improperly         1,281        

canceled or improperly removed certificate of title, MEMORANDUM,   1,282        

OR MEMORIAL, provided that, in correcting any such error or        1,284        

mistake, the original words shall not be erased or rendered        1,285        

illegible.  The recorder shall attest such THE corrections and     1,287        

restorations by affixing his THE RECORDER'S initials or name and   1,288        

the date thereof OF THE CORRECTIONS OR RESTORATIONS.                            

      Section 2.  That existing sections 317.20, 1923.06,          1,290        

3953.01, 3953.04, 3953.07, 5309.01, 5309.06, 5309.09, 5309.24,     1,291        

5309.28, 5309.33, 5309.36, 5309.38, 5309.40, and 5309.76 of the    1,292        

Revised Code are hereby repealed.                                               

      Section 3.  Chapter 765. of the Revised Code shall be known  1,294        

as "Noncriminal Land Use Infractions."                             1,295