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the marshal, who is hereby empowered and Duty of the authorized to collect the same, by distress and sale of the goods and chattels of the delinquent, and the same to pay to the treasurer of the select council; and where goods and chattels cannot be found, whereon to levy, to commit the body of the offender to prison, there to remain until such fine be paid, or such offender discharged by order of the select council: Provided, That no person shall be imprisoned, Proviso. under the authority of this section, for a longer term than twenty-four hours, for any one offense; they shall have power to regulate markets, and when thought necessary, to appoint a clerk of the market: Provided always, That the laws and ordinances so to be made, shall be consistent with the laws and ordinances of the state.


Sec. 7. And be it further enacted, That the Freeholders, freeholders and householders aforesaid, shall, ized' to vote at their annual meeting, vote such sum or sums of money as they may think proper to be raised for the use of the town, for the ensuing year, which shall be assessed by the assessor, upon How levied. such objects of taxation in the said town, as shall be yearly subjects of taxation for county purposes, and on such other objects as the said meeting shall direct, and be collected by the


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Sec. 8. And be it further enacted, That all to the treas. monies arising from fines or collections, shall be

paid to the treasurer, who shall enter into bond, with sufficient surety to the recorder, for the faithful discharge of the trust committed to him, and shall, when required, submit bis books to the inspection of the council; the assessor shall return his estimate of town property and a copy of his assessment to the recorder, who shall, with the advice of the president or two of the trustees, publish a day of appeal, to be held by the council, for the benefit of such as may think themselves aggrieved; the collector shall pay all monies he may receive, to the treasurer, whose receipts shall be his vouchers, upon his settlement with the council, which shall be at the expiration of every three months from the time of his appointment.

Sec. 9. And be it further enacted, That the select council shall have the power of filling all vacancies that may happen in any of the offices that are herein established and made elective; and the appointment so made, shall continue valid until the next annual meeting and no

Select council have power of filling vacan. cies.

longer, and to fix and establish, from time to time, such fees to the assessor, collector, supervisor, marshal and clerk of the market, and to impose such fines for refusing to accept such offices and for neglect and misconduct in the same, as to them shall seem necessary and proper; and it shall be lawful for the president, or in his absence, the recorder, with the advice of the trustees, or any four of them, at any time, to call a meeting of the inhabitants of the town, for the purpose of obtaining a vote for the raising any sum or sums of money that may be deemed necessary for the use of the said town; and such sum or sums of money, SO granted, shall be held subject to the order of the said select council, for the use of the said town: Provided, That three days previous notice Proviso. be given to the said inhabitants, by advertisement, set up in at least three of the most public places in the said town.

Sec. 10. And be it further enacted, That if Appeal may any person shall feel himself or herself aggriev. court of ed by an officer or individual of the council, it pleas. shall be lawful for such person to appeal to the court of common pleas; and it shall be the duty of the said court to hear such complaint, and to grant such relief as to them shall appear necessary and proper.

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Sec. 11. And be it further enacted, That the said corporation shall be allowed the use of the county jail, for the confinement of all such persons as shall be liable to imprisonment under the sixth section of this act; and all persons so

imprisoned shall be under the charge of the Commence. keeper of said jail. This act shall be in force

from and after the passage thereof.

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Speaker of the house of representatives.


Speaker of the senate.
February 18th, 1804.


An act, regulating the duties of justices of the

peace and constables, in criminal and civil



Sec. 1. Be it enacted by the general assembly of the state of Ohio, That the jurisdiction of Justices justices of the peace, in criminal cases, within in criminal this state, shall be coextensive with the counties where they may be respectively chosen and reside, and they shall be conservators of the peace throughout the same, and they are hereby authorized and required, on view or complaint Their duty made, on oath, to cause any person, charged complaint. with a crime, or a breach of the laws of this state, to be arrested and brought before him or some other justice of the peace in said county, and such person to commit, discharge or let to bail, as the nature of the case may require, and recognize each witness in such sum as the nature of the offense may require, conditioned that such witness shall attend on the first day of the court next to be holden, before whom the offender is to be tried, to give testimony against such criminal.

Sec. 2. And be it further enacted, That the following forms shall be pursued and adopted

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