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any individual, shall be liable to an action at the suit of such injured person, in any court of competent jurisdiction.

Sec. 22. That if the toll gatherers on said road shall unreasonably detain any passenger, after the toll has been paid or tendered, or shall de mand or receive greater toll than is by this act allowed, he shall, for every such offence, forfeit and pay a sum not exceeding twenty dollars, to be recovered with costs of suit, before any justice of the peace having competent jurisdiction at the suit, and for the use of the person aggrieved: Provided, That no suit shall be brought under this section, after twenty days from the time of incurring such penalty.

Sec. 23. That the directors shall annually, or semi-annually, as they may determine, declare and make such dividend of the nett profits from the tolls to be received, according to the provisions of this act, as they may deem advisable and proper, after deducting therefrom the necessary, current and contingent expenses, to be divided among the proprietors of the stock of the road company, in proportion to their respective shares.

Sec. 24. That at all annual meetings of the stockholders of said company, it shall be the duty of the president and directors, in office for the preceding term, to exhibit a concise and distinct statement of the affairs of the company, for the inspection of all persons interested.

Sec. 25. That said company shall commence said road within five years, and complete the same within fifteen years, otherwise the powers and privileges of said company, under this act, shall cease and determine. WILLIAM MEDILL, Speaker of the House of Representatives. ELIJAH VANCE,

Speaker of the Senate.

January 7, 1837.

AN ACT

To incorporate the City of Toledo.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, as follows: So much of the county of Lucas, bounded by a line beginning at the south-west corner of the north-east quarter of section thirty-four, in township nine,south of range seven east, thence drawn through the southeast corner of sections twenty-seven and twenty-three, same township, same range, till it is intersected by a line drawn in a due north-west course from the south-east corner of the west half of the north-east quarter of section thirty, township nine south, of range eight east; thence by said intersecting line to its place of beginning, thence by the north-east line of land now owned by Benjamin F. Stickney, on the east half of the southeast fractional quarter of section thirty, township nine south, of range eight east, thence by a line drawn in a south-east course to the centre of the east channel of the Maumee river, thence up and along the centre of said chan nel in a south-westerly direction to that point which would be intersected

a continuation across said river of the south line of the land known and described as tract number six, in the Twelve mile square Reservation, at the foot of the rapids of the Miami of Lake Eric, thence west to the southcast corner of the north-west quarter of section ten, in township three in said Reservation; thence by a line drawn in a direct course to the place of beginning, shall be, and hereby is declared to be a city, and the inhabitants thereof are created a body corporate and politic, by the name and style of the "City of Toledo;" and by that name shall be capable of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered unto, in all courts snd places, and in all matters whatsoever; with power of purchasing, receiving, holding, occupying and conveying, real and personal estate, and may use a corporate seal, and change the same at pleasure.

Sec. 2. The government of said city, and the exercise of its corporate powers, and the management of its fiscal, prudential, and municipal concerns, shall be vested in a mayor and council, which council shall consist of three aldermen from each ward, actually residing therein, and shall be denominated the city council.

Sec. 3. Said city, until the council see fit to increase or alter the same, shall be divided into two wards, by the line of the south-west side of Cherry street and the continuation of said line to the north-western boundary line of the city, which wards shall be numbered or named as the council shall determine.

Sec. 4. The elective officers of said city shall be a mayor, aldermen, treasurer, and marshal, who shall hold their respective offices for one year, and until their successors are chosen and qualified. The election for said officers shall be held in each of the wards of said city, on the first Monday in March, in each year, at such place as the council shall appoint; and ten days previous notice thereof shall be given by them in one or more of the newspapers of said city; such election shall be opened at nine o'clock in the forenoon, and continue open until four o'clock in the afternoon, and shall in all things be conducted agreeably to the laws regulating township elections, for the time being; it shall be the duty of the judges of such election, in the several wards, within two days thereafter, to make and direct the return thereof to the clerk of the said city, in the same manner that election returns are required to be made to the clerk of the court of common pleas, by the act entitled, "An act to regulate elections;" and the said clerk shall, within three days after such election, open the returns which shall have been made to him as aforesaid, and make an abstract thereof, and immediately notify, in writing, the persons elected, as aforesaid, of their several elections under this act.

Sec. 5. Every person so chosen, or elected, as aforesaid, shall within ten days after being notified of his election, take an oath, faithfully to discharge the duties of his office, and in default thereof, the office to which he shall have been elected shall be deemed and considered in law to be vacant.

Vacancies in the office of mayor or aldermen occurring in any manner may be filled at a special election, called and appointed by the city council, and conducted in the same manner as an annual election. Vacancies in all other offices shall be filled by appointment by the common coun

cil. All appointments to fill a vacancy in an elective office under this act, and all appointments of clerks, city attorney, collectors, assessors and street commissioners, shall be by warrant under the corporate seal, signed by the mayor or presiding officer of the city council and clerk. In case of a failure to elect a mayor and aldermen at an annual election, or if from any cause there shall be no mayor and aldermen, the clerk shall appoint the time and place for holding a special election, and appoint the inspec

fors.

Sec. 7. Each and every white male inhabitant, above the age of twenty-one years, having the qualifications of an elector for members of the General Assembly of the State of Ohio, and having resided in said city six months next preceding an election for city officers, shall be deemed a qualified voter of said city, and shall be entitled to vote in the ward in which he resides for mayor, aldermen, treasurer and marshal.

Sec. 8. After the organization of the city government under this act, it shall be the duty of the city council to provide the place or places of holding all elections for city officers, and to appoint the judges thereof, but the trustees of the township of Port Lawrence shall appoint the inspectors of the first election to be held under this act. Such election shall be held and conducted in the manner herein before provided; the returns thereof shall be made to the clerk of the township, whose duty shall be the same as is prescribed to the clerk of the city in section fourth of this act. The said trustees shall also appoint the time and place or places of holding such first election, which time shall be some day after the passage of this act, and before the fourth Wednesday of March next; of which election they shall give ten days previous notice in one or more of the public newspapers of said city. The person or persons having the highest number of votes at this or any subsequent election for city officers shall be declared duly elected.

Sec. 9. The city council shall meet at such places and times, as they shall by resolution direct, or as the mayor, or in his absence any two of the aldermen shall appoint. The mayor, when present, shall preside at all meetings of the council, and shall have only a casting vote. In his absence any one of the aldermen may be appointed to preside. A majority of the persons elected as aldermen shall constitute a quorum. The city council shall determine the rules of their proceedings, and keep a journal thereof, which shall be open to the inspection of every citizen. They may compel the attendance of absent members, under such penalties and in such manner as they may think fit to prescribe.

Sec. 10. The members of the city council shall, on the second Monday after each annual election, assemble at some suitable place in said city, and by ballot appoint a clerk, street commissioner, attorney for the city, one or more collectors, surveyors, and such other officers as the wants of the city may require. If for any cause, the officers above named, are not appointed on said second Monday, the council may adjourn from day to day until such appointments are made.

Sec. 11. Every person chosen or appointed to any office under this act, shall, before entering on the duties of his office, take an oath or affirmation before some justice of the peace faithfully and impartially to perform the duties of said office; and shall likewise, when required, give bond

with good and sufficient security to said city, in such sum or sums, and with such conditions thereto, as the city council may from time to time determine. Said bond, with the approval of the city council thereon certified by the clerk, shall be filed with the clerk of the city.

Sec. 12. The person elected to the office of marshal in said city, shall, before he enters on the duties of his office, with two or more sureties to be approved by the city council, execute in the presence of the clerk of the city, an instrument in writing, by which such marshal and sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said marshal may become liable to pay by reason or on account of any execution which shall be delivered to him for collection. The clerk of the city shall certify the approval of the common council on such instrument, and file the same; and a copy of such instrument, certified by the clerk, under the corporate seal, shall be presumptive evidence in all courts, of the execution thereof by such marshal and his sureties. All actions on any such instrument, shall be prosecuted within two years after the expiration of the year for which the marshal named therein shall have been elected or appointed, and may be brought in the name of the person or persons entitled to the money to be collected by virtue of such instrument.

Sec. 13. The treasurer shall receive all moneys belonging to the city, and keep an accurate account of all receipts and expenditures in such a manner as the city council shall direct. All moneys shall be drawn from the treasury in pursuance of an order from the city council, by warrants signed by the mayor or presiding officer of the council, and countersigned by the clerk. Such warrants shall specify for what purpose the amount mentioned therein, is to be paid; and the clerk shall keep an accurate account of all orders drawn on the treasury in a book to be provided for that purpose. The treasurer shall exhibit to the city aouncil, at least fifteen days before the the annual election in each year, a full account of all receipts and expenditures, after the date of his last annnal report, and also of the state of the treasury; which account shall be filed in the office of the clerk.

Sec. 14. It shall be the duty of the city council, at least ten days be fore the annual election held under this act, in each year, to cause to be published in one of the public newspapers in said city, a full and correct statement in detail of the receipts and expenditures by the said city council, for the contingent expenses of said city, from the date of the last annual report published in pursuance of this section to the date of their said reports, and also, a distinct statement of the whole amount of money assessed, received, and expended for making and repairing roads, highways, and bridges in said city, for the same period; together with such other information, in their power to furnish, as may be necessary to a full understanding of the financial concerns of said city.

Sec. 15. The clerk shall keep the corporate seal, and all the papers belonging to said city, and make a record of the proceedings of the city council, at whose meetings it shall be his duty to attend; and copies of all papers duly filed in his office, and transcripts from the records of the proceedings of the city council, certified by him under the corporate seal,

shall be evidence in all courts in like manner as if the originals were produced.

Sec. 16. It shall be the duty of the street commissioners to superintend the making of all public improvements ordered by the city council; to make contracts for the work and material which may be necessary for the same; to keep accurate accounts of all moneys expended by him in the performance of any work, together with the cause of such expenditure; and to render such account to the city council monthly, and the same to publish in some newspaper in said city.

Sec. 17. It shall be the duty of the mayor to sign all commissions, li censes, and permits, which may be granted by the city cooncil: to take care that the laws of the state, and the ordinances of the city council be faithfully executed; to exercise a constant supervision and control over the conduct of all subordinate officers, and to receive and examine into all complaints against them for neglect of duty; to recommend to said city council such measures as he may deem expedient; to expedite all such as shall be resolved upon by them, and in general to maintain the peace and good order and advance the prosperity of the city. As a judicial officer, he shall have exclusive original jurisdiction of all cases for the violation of any ordinance of said city; and in criminal cases he is hereby vested with powers co-equal with justices of the peace within the county of Lucas. He shall have power to exercise the same jurisdiction. and authority in civil cases, within the limits of said corporation; and shall be entitled to the same fees as justices of the peace in like cases. The city council may likewise grant to the Mayor such compensation as shall be approved by the concurring vote of two thirds of all the members.

Sec. 18. It shall be the duty of the marshal to execute and return all writs and process, to him directed by the mayor; and when necessary, in criminal cases, or for a violation of any ordinance of said city, he may serve the same in any part of Lucas county. It shall be his duty to suppress all riots, disturbances and breaches of the peace; to apprehend all disorderly persons in said city, and to pursue and arrest any person fleeing from justice in any part of the State of Ohio; to apprehend any person in the act of committing any offence against the laws of the State, or ordinances of the city, and forthwith to bring such person or persons before competent authority, for examination; and to do and perform all such duties as may lawfully be enjoined on him by the ordinances of said city; and he shall have power to appoint one or more deputies, to be approved by the city council, but for whose official acts he shall be responsible, and of whom he may require bail for the faithful performance of their duties. Said marshal shall receive such fees and compensation as the city council may direct.

Sec. 19. In all cases brought before the mayor, for the violation of any of the ordinances of the city, when the defendant is adjudged to pay a fine or penalty, he shall have a right, within ten days, to appeal to the court of common pleas of Lucas county, upon giving bond with such security as the mayor shall approve, in double the amount of the debt and costs; and if double the amount of such judgment do not amount to fifty dollars, such bond shall be fifty dollars, conditioned to pay the judgment and costs,

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