his absence, some other person, to be appointed by the judges, shall be clerk: the polls shall be opened between the hours of ten and eleven o'clock in the forenoon, and, closed at three o'clock, in the afternoon of said day; and at the close of the polls, the votes shall be counted, and a true statement thereof proclaimed to the voters present, by one of the judges; and the person having the highest number of votes, shall be declared duly elected; and the clerk shall make a true copy thereof, and within five days thereafter, he shall give notice to the persons so elected of their election; and it shall be the duty of the town council, at least ten days before each and every annual election, to give notice of the same, by setting up advertisements at three of the most public places in said

town.

Sec. 4. That the mayor, and in case of his absence, the recorder, shall preside at all meetings of the town council; and the recorder shall attend all meetings of the town council, and make a fair and accurate record of all their proceedings.

Sec. 5. That the town council shall have power to fill all vacancies which may happen in said board, from the householders, who are qualified electors in said town, who shall hold their appointments until the next an nual election, and until their successors are elected and qualified; and in the absence of the mayor and recorder from any meeting of the town council, the trustees shall have power to appoint any two of their number, to perform the duties of mayor and recorder, for the time being.

Sec. 6. That the mayor, recorder, and trustees of said town, shall be a body corporate and politic, with perpetual succession, to be known and distinguished by the name and style of the "Town Council of the town of Higginsport" and shall be capable in law, by their corporate name, to acquire property, real, personal and mixed, for the use of said town, and may sell, and convey the same at pleasure; they may have a common seal, which they may break, alter, or renew at pleasure; they may sue and be sued, plead and be impleaded, defend and be defended, in all manner of actions, and in all courts of law and equity; and whenever any suit shall be commenced against said corporation, the process shall be served by copy, which shall be left with the recorder, or at his usual place of residence, at least five days before the return day thereof.

Sec. 7. That each member of said town council, before entering upon the duties of his office, shall take an oath, or affirmation, to support the constitution of the United States, and the constitution of this State, and also an oath of office.

Sec. 8. That the town council shall have power to make, ordain and establish by-laws, rules and regulations, for the government of said town, and to alter, or repeal, the same at pleasure; to provide for the appointment of a treasurer, town marshal, and such other subordinate officers, as they may think necessary; to prescribe their duties, and determine the period of their appointments, and to fix the fees they shall be entitled to for their services; and the treasurer, marshal, and other officers shall before entering upon their duties, take an oath of office, and shall respectively give bond with security, in such sum as shall be determined by the town council, payable to the State of Ohio, conditioned for the faithful performance of their respective duties: the town council shall also have pow

er to fix reasonable fines and penalties for any violation of the laws and ordinances of the corporation, and to provide for the collection and disposition of the same: Provided, Such by-laws, or ordinances, rules and regulations be not inconsistent with the constitution and laws of the United States, and of this State: And Provided, also, That no by-law, ordinance, or regulation shall take effect or be in force, until the same shall have been posted up for two weeks, in two of the most public places in said corporation.

Sec. 9. That the town council shall, at the expiration of each and every year, cause to be made out and posted up as aforesaid, the receipts and expenditures of the preceding year.

Sec. 10. That the town council shall have power to regulate and improve the streets, lanes and alleys, and determine the width of the side walks in said town: they shall have power to remove all nuisances and obstructions from the streets and commons of said town, and to do all things which similar corporations have power to do: Provided, They shall never have power to grant license to retail spirituous liquors.

Sec. 11. That for the purpose of more effectually enabling said town council to carry into effect the provisions of said act, they are hereby authorized and empowered to levy a tax on all the real and personal property, subject on the grand levy to taxation, within the limits of said town, upon the appraisement made and returned upon said grand levy: Provided, That said tax, so levied by said town council, shall not in any one year exceed one half of one per centum, on the aggregate amount of all such taxable property within the limits of said town; and the said town council shall, annually, between the first day of April, and the first day of July, determine the amount of tax to be assessed and collected for the current year.

Sec. 12. That it shall be the duty of the recorder of said corporation, to make out duplicates of taxes, charging each individual, within said corporation, an amount of tax in proportion to the aggregate value of the taxable property belonging to such individual, within the limits of said corporation, as the same appears upon the books of the auditor of said county of Brown; and the said recorder shall have power of inspecting the books of said auditor, and to take any minutes or transcripts therefrom, as may be necessary to aid him in the discharge of the duties hereby enjoined upon him, free of expense: when said recorder shall have made out said duplicates, as aforesaid, he shall deliver one of such duplicates to the marshal of said town, or to such other person as may be appointed collector, whose duty it shall be to collect the taxes charged thereon, in the same manner and under the same regulations, as are provided by law for the collection of State and county taxes: and the said marshal or collector, shall, immediately after collecting said taxes, pay the same over to the treasurer of said corporation, and take his receipt therefor; and the said marshal, or collector, shall have the same power to sell both real and personal property, as is given, by law, to the county treasurer; and when necessary, the recorder shall have power to make deeds for real estate, so sold, in the same manner that county auditors are, by law, empowered to do, for lands sold by the county treasurer; and the marshal, or collector shall receive such fees for his services, as the

town council may direct, not exceeding six per centum on all moneys so by him collected, to be paid by the treasurer, on the order of the recorder. Sec. 13. That the said town council shall have power to appropriate any money remaining in the corporation treasury, to the improvement of the streets, alleys and side walks of said town, whenever they may deem it necessary, and to make any other improvements which may conduce to the health and comfort of said town.

Sec. 14. That the mayor of said town shall be a conservator of the peace within the limits of said corporation, and shall have therein all the powers and jurisdiction of a justice of the peace, in all matters, civil or criminal, arising under the laws of this State: and shall give bond and security, as justices of the peace are required to do; he shall perform all the duties enjoined upon him by the laws and ordinances of the corporation; and appeals may be taken from the decision of the said mayor, in all cases, where by law appeals are allowed from the decisions of justices of the peace, and in the same manner.

Sec. 15. That the marshal shall be the principal ministerial officer in said corporation, and shall have the same power as constables have by law; and his authority, in the execution of criminal processs, shall be coextensive with the limits of said county of Brown, and he shall receive for his services such fees as are allowed by law to constables, in similar cases, for like services.

Sec. 16. That the mayor shall receive for his services such fees as are allowed by law to justices of the peace, for similar services, in like cases; the recorder shall receive such fees for his services, as shall be fixed by the by-laws and ordinances of the corporation.

Sec. 17. That if no election shall be held by the electors of said town, on the fourth Saturday of May next, it shall be lawful for any ten householders of said town, to call a meeting of the electors, by giving ten days notice thereof, in writing, to be posted in one or more of the most public places in said town; which notice shall state the time, and place, and object of said meeting, and shall be signed by the said householders; and if a majority of the qualified electors of said town shall attend at the time and place specified in said notice, it shall be lawful for them to proceed to the election of officers, in the same manner as herein before provided for; and the officers so elected shall hold their offices until the fourth Saturday of May following, and until their successors are elected and qualified.

Sec. 18. That the said corporation shall be allowed the use of the county jail, for the imprisonment of such persons as may be liable to imprisonment under the laws and ordinances of said town; and all persons so imprisoned, shall be under the charge of the sheriff or jailor, as in other

cases.

Sec. 19. That any future Legislature shall have power to alter, amend, or repeal this act.

WILLIAM MEDILL, Speaker pro tem. of the House of Representatives.

February 29, 1836.

ELIJAH VANCE,

Speaker of the Senate.

AN ACT

To lay out and establish a graded State road in thecounties of Morgan, Perry and Hocking.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That William Pugh, of Morgan county; John Colborn, of Perry county; and Adam Smith, of Hocking county, be, and they are hereby appointed commissioners, and James Brown, of Perry county, surveyor, to lay out and establish a graded state road, beginning at or near the town of M'Connelsville, in the county of Morgan; thence the nearest and best route to Logan, in the county of Hocking.

Sec. 2. That said road shall in no case exceed an angle of five and an half degrees with the horizon; and the commissioners aforesaid shall in all cases be governed by the act defining the mode of laying out and establishing state roads, passed March 14th, 1831.

Sec. 3. That should either of the commissioners or surveyor die, or remove out of the county, or refuse to serve, the commissioners of the county in which such vacancy shall happen, shall forthwith, on being notified of such vacancy, appoint some suitable person to fill the same. WILLIAM MEDILL, Speaker pro tem. of the House of Representatives.

ELIJAH VANCE,

February 29, 1836.

Speaker of the Senate.

AN ACT

To lay out and establish a graded State road in the counties of Holmes and Tuscarawas.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Robert Martin, of Holmes county, and John Patton and Christopher Ritter, of Tuscarawas county, be, and they are hereby appointed commissioners, and Anson Wheaton, of Holmes county, surveyor, to lay out and establish a graded state road, commencing in the town of Millersburg; thence the nearest and best route to the town of Berlin; thence the nearest and best route to Waynesburg, in Holmes county; thence the nearest and best route to Bolivar, in Tuscarawas county.

Sec. 2. That said road shall in no case exceed an angle of four degrees with the horizon.

Sec. 3. That the said commissioners are hereby authorized to receive and appropriate on said road, all such subscriptions and donations as may be made for opening and improving the same.

Sec. 4. That the commissioners aforesaid shall in all respects be gov erned by the laws in force, defining the mode of laying out and establishlishing state roads; and should either of said commissioners die, remove

out of the county, or refuse to serve, the commissioners of the county in which such vacancy may occur, are hereby authorized to fill the same. WILLIAM MEDILL,

Speaker pro tem. of the House of Representatives.

ELIJAH VANCE,

February 29th, 1836.

AN ACT

Speaker of the Senate.

To incorporate "The Wellsville Literary Institute."

Be it enacted by the General Assembly of the State of Ohio, That Joshua A. Riddle, Henry Cope, William D. Peters, Albert G. Catlett, James Aten, Joseph Boyce, William G. Murdock, James Stewart, Benjamin Wilson, John F. Patterson, Alexander Wells, Albert G. Richardson, and their associates, be, and they are hereby created a body corporate and politic, by the name of "The Wellsville Literary Institute;" and by that name, shall have perpetual succession; be capable of suing and being sued, pleading and being impleaded; may have a common seal, and the same break or alter at pleasure.

Sec. 2. That the said corporation may purchase, receive, hold and convey any estate, real, personal, or mixed: Provided, The annual income of said estate shall not exceed two thousand dollars: And provided also, That no part of the stock of said corporation, or property owned by it, shall at any time be used or employed for any other than literary and scientific purposes; the purchase of books, maps, charts, pamphlets, newspapers, or other useful publications; lands and buildings necessary for the business of the association, and its other necessary expenses.

Sec. 3. That the members of said corporation may, from time to time, elect such officers as may be deemed necessary, in the manner pointed out in the constitution of said association; make all such by-laws as may be deemed necessary to the good government of the same; and affix such pecuniary penalties and fincs, for breaches thereof, as they may deem reasonable and necessary.

Sec. 4. That any future Legislature may alter, amend, or repeal this

act.

WILLIAM MEDILL, Speaker pro tem. of the House of Representatives.

February 29, 1836.

AN ACT

ELIJAH VANCE,
Speaker of the Senate.

To incorporate the Trustees of the Putuam Classical Institute.

WHEREAS, certain individuals in the town of Putnam, in the county of