council; it shall also be the duty of the recorder to attend to all such meetings, and keep an accurate record of their proceedings, to be recorded in a book provided for that purpose; it shall moreover be the duty of the recorder to attend all elections under the provisions of this act; but in case of his absence or disability to serve as such, the trustees shall have power to appoint one of their number clerk of said election, pro tempore. Sec. 6. That the town council shall have power to fill all vacancies which may occur in their body by death, resignation, or otherwise, from among the electors in said town, whose appointment shall continue until the next annual election, and until their successors are elected and qualified; and whenever it may happen that neither the mayor or recorder is present at any meeting of said town council, the trustees shall have power to appoint one of their number to perform the duties of such mayor or recorder, or both, as the case may be, which appointment shall be pro tempore; and that the mayor, or a majority of the trustees shall have power to call a meeting of the town council whenever in his or their opinion the public good of said corporation shall require it. Sec. 7. That the mayor, recorder, and trustees, or a majority of them, whereof the mayor or recorder shall always be one, or in their absence, one of the trustees appointed to fill their vacancy, shall have power and authority to make, ordain and publish all such by-laws and ordinances, consistent with the constitution of the United States, and of this State, as they may deem necessary and expedient for the regulation, interest, safety, health, cleanliness and convenience of said town, and the same to alter or repeal at pleasure; they shall have power to appoint a treasurer, town marshal, and such other subordinate officers as they may deem necessary; to prescribe their duties, and to require of them such security as they may deem necessary for the faithful performance of their duties; to remove them at pleasure; to fix and establish the fees of the officers of said corporation not established by this act, except the trustees, who shall receive no fees; said town council shall also have power to affix to the violation of the by-laws and ordinances of said corporation, such reasonable fines and forfeitures, as they may deem proper, and provide for the collection and disposition of the same; they shall have power to lay out and regulate the lots, streets, lanes, alleys, and public ground; to lay out and determine the width of the side walks, and regulate the same; they shall also have power to remove or cause to be removed all nuisances and obstructions, and do all things which a corporation of a similar nature can do, to secure the health, peace and good order of the inhabitants of said town. Sec. 8. That for the purpose of more effectually enabling the town council to carry into effect the provisions of this act, they are hereby authorized and empowered to assess for corporation purposes an amount of tax on all property within said town, made taxable by the laws of this State, for State and county purposes, not exceeding in any one year one per cent. on the value thereof, which value shall be ascertained by an assessor to be appointed by said town council for that purpose; they shall also have power to equalize any injudicious assessments thus made, on complaint of the owner or owners, his, her, or their agent so aggrieved. Sec. 9. That it shall be the duty of the town council to make out or cause to be made out by the recorder, a duplicate of taxes, charging each individual therein, an amount of tax in proportion to the property of such individual assessed as aforesaid within said town; which duplicate shall be signed by the mayor and recorder, and delivered to the marshal or such other person as shall be appointed collector, whose duty it shall be to collect the same within such time and in such manner as the by-laws shall direct; and the collector shall have power to sell both personal and real estate for the non-payment of taxes within said town, and shall be governed therein by the same laws and regulations as the collectors of State and county taxes; and in case of the sale of any real estate, the recorder shall have power to make and execute deeds therefor, in the same manner that county auditors are by law empowered to do for lands sold by the county treasurer; and the said collector shall, within ten days after collecting said taxes, pay the same over to the treasurer of said corporation, taking his receipt therefor; and who shall receive for his fees such sum as the town council may direct, not exceeding six per cent. on all moneys so by him collected, and paid over; said fees to be paid by the treasurer, on the order of the recorder. Sec. 10. That the said town council shall have power to require every able bodied male person above the age of twenty-one, and under sixty years, who may have resided twelve months within said town, to perform annually two days work on the streets, alleys, or public ground of said town, under the direction of the marshal or such other person as may be appointed to superintend the improvement of such streets, alleys, or public grounds, in addition to the labor required under the present laws regulating roads or highways; and upon refusal or neglect to perform such work under the proper officers, the delinquent shall be liable to the same penalties as are provided by law against persons refusing to perform the two days labor required in the last named act, to be recovered in the name of the treasurer for the use of said corporation. Sec. 11. That the by-laws and ordinances of said town, shall be posted up in two or more of the most public places within said town, at least ten days before the taking effect thereof, and the certificate of the recorder upon the town record shall be considered sufficient evidence of the same having been done. Sec. 12. That the town council shall, at the expiration of each year, cause to be made out and posted up in one or more of the most public places in said town, an exhibit of the receipts and expenditures of the preceding year; which statement shall be certified by the recorder of said town. Sec. 13. That the mayor of said corporation shall be a conservator of the peace throughout said town, and shall have within the same all the powers and jurisdiction of a justice of the peace in all matters, civil or criminal, arising under the laws of this State, to all intents and purposes whatever; he shall give bond and security as is required by law of justices of the peace, and the said mayor shall perform all the duties required of him by the by-laws and ordinances of said corporation; and appeals may be taken in all cases from the decisions of said mayor, in the same manner as from the decisions of justices of the peace; he shall keep a docket, wherein he shall keep a fair record of all matters of difference tried be. fore him, and shall be allowed and receive the same fees that justices of the peace are or may be entitled to in similar cases. Sec. 14. That the marshal shall be the principal ministerial officer of said town, and shall have the same powers as constables have by law; and his jurisdiction in criminal cases shall be co-extensive with the county of Huron; he shall execute the process of the mayor, and receive the same fees for his services that constables are allowed in similar cases. Sec. 15. That said corporation shall be allowed the use of the jail of the county of Huron, for the imprisonment of such persons as may be liable to imprisonment under the by-laws and ordinances of said corporation; and all persons so imprisoned, shall be under the charge of the sheriff of the county of Huron, as in other cases. Sec. 16. That the mayor, recorder, trustees and other officers of said corporation shall, on demand, deliver to to their successors in office all such books and papers as appertain in any wise to their office. Sec. 17. That any future Legislature shall have power to alter, amend or repeal this act: Provided, That such alteration, amendment, or repeal shall not divert the property of said corporation from the purpose expressed in this act. WM. SAWYER, ELIJAH VANCE, January 12, 1836. AN ACT To incorporate the Presbyterian Church of Monroesville, in the county of Jefferson.. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Abram Croxton, Aaron Aten, Joseph L. Hosack, Joseph F. Williams, John Halderman, Thomas Creighton, Joseph Barclay and Samuel Clark, and their associates, together with such other persons as may hereafter be associated with them, be, and they are hereby created and declared a body corporate and politic, by the name of "The Presbyterian Church of Monroesville;" and as such shall remain and have perpetual succession; and by their corporate name, may contract and be contracted with; sue and be sued; answer and be answered; plead and be impleaded; defend and be defended, in any court of competent jurisdiction; and may have a common seal, which they may break or renew at pleasure. Sec. 2. That the said corporation, by the name and style aforesaid, shall be capable in law of holding property, real, personal or mixed, either by purchase, gift, grant, devise, or legacy, which may become the property of the corporation: Provided, That the annual income of all such property, shall not exceed the sum of two thousand dollars: And provided also, That all such property shall be considered as held in trust, under the management and at the disposal of said corporation, for the promoting of the interest and well being of said church, defraying the expenses incident to their mode of worship, and maintaing any institutions of charity or education that may be therewith connected: Provided, moreover, That when any money or other property already or which hereafter shall be given, granted, bequeathed, devised, or pledged to said church for any particular use or purpose, it shall be faithfully applied to such use or purpose. Sec. 3. That the management and control of the property and other concerns of the corporation shall be vested in three trustees, to be annually elected by the corporation upon the first Saturday after Christmas day; or if there be a failure to elect upon that day, then, upon any other day that the trustees for the time being shall designate: Provided, That said corporation may, at any time, by ordinance, increase or decrease the number of trustees; or they may invest their ruling elders with said office and duties as herein provided, either by themselves, or in concert with the annually chosen trustees. Sec. 4. That Aaron Aten, John Haldeman, and Samuel Clark, be, and they are hereby appointed trustees until the first annual election, and until their successors are chosen. Sec. 5. That the trustees or a majority of them shall have power to call a meeting of the corporation for the election of officers, or for any other business pertaining to said church and society, by causing to be published upon a day of public worship, ten days' previous notice of said meeting, or causing a notice thereof to be put up in three or more places within the vicinity of the place of worship, at least fifteen days previous. Sec. 6. That any meeting of the corporation, duly assembled, may adopt and establish such by-laws and ordinances as may be deemed proper and necessary for the good government of said corporation: Provided, That such by-laws and ordinances shall be compatible with the constitution and laws of the United States, and of this State. Sec. 7. That original process against the corporation, shall be by summons, which shall be served by leaving an attested copy with one or more of the trustees or elders of said corporation or church, and such service shall be valid to bind said corporation. Sec. 8. That any future Legislature shall have power to alter, amend, or repeal this act. WM. SAWYER, Speaker of the House of Representatives. ELIJAH VANCE, January 12th, 1836. AN ACT To authorize the Recorder of Knox county to transcribe a part of the records of said county. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the recorder of Knox county, under the direction of the commission ers of said county, be, and he is hereby authorized to transcribe books B. &C. being part of the land records of said county; and such transcripts and certified copies thereof, shall be received in all courts of justice in this State and elsewhere, as prima facie evidence of the original records; and such original records shall be carefully preserved in the recorder's office. Sec. 2 That said recorder, for the performance of the duties required by the first section of this act, shall be entitled to receive such fees as the county commissioners in said county may direct. WM. SAWYER, Speaker of the House of Representatives. January 13th, 1836. Speaker of the Senate. AN ACT To incorporate the German Reformed Church of Dayton, in the county of Montgomery. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Frederick Boyer, Peter Bear, and Valentine Winters, and their associates, be, and they are hereby created and declared a body corporate and politic, by the name of "The German Reformed Church of Dayton, in the county of Montgomery," and as such shall remain and have pepetual succession; and by their corporate name, may contract and be contracted with; sue and be sued; answer and be answered unto; plead and be impleaded; defend and be defended, in any court of competent jurisdiction, in all manner of actions, causes and complaints whatsoever; and may have a common seal, which they may change, alter or renew at pleasure; and shall have power to make such by-laws, rules and regulations, for the government of said church, or corporation, as they may deem necessary and expedient: Provided, That such by-laws, rules and regulations be not inconsistent with the constitution and laws of the United States and of this State. Sec. 2. That the said corporation, by the name and style aforesaid, shall be capable in law, of holding property, real, personal, or mixed, either by purchase, gift, grant, devise or legacy, which may become the property of said corporation: Provided, That the annual income of all such property, shall not exceed the sum of two thousand dollars: And provided, also, That all such property shall be considered as held in trust, under the management, and at the disposal of said corporation, for the purpose of erecting a house or houses for religions worship, a grave yard, parsonage or house of public instruction, and to be used for no other purpose whatever, except such further sums as the trustees of said corporation may from time to time, think absolutely necessary to defray the expense of public worship in said church. Sec. 3. That Frederick Boyer, Peter Bear, and Valentine Winters, be, and they are hereby appointed trustees of said corporation, to serve until other trustees are elected in conformity with such by-laws, rules and regulations, as may be made for the government of said corporation. |