newspaper published in Franklin county, that he is authorized to sell such real estate, describing it, at private sale.

Sec. 2. That before any such sales shall be made, or deed executed, the said administrator shall give bond and security, to the satisfaction of the court of common pleas of said Franklin county, that he will faithfully account for all moneys received on such sales and execution of deeds; which bond shall be made payable to the State of Ohio, and may be prosecuted as other official bonds.

C. ANTHONY,

Speaker of the House of Representatives.
GEORGE J. SMITH,
Speaker of the Senate.

February 27, 1838.

AN ACT

To incorporate the town of Fredericksburg, in the county of Wayne.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the township of Salt Creek, in the county of Wayne, as is contained in the original recorded town plats of the towns of Fredericksburgh and Searightsburgh, together with all the additions that have been made to either of said towns, and also the two branches of Salt creek and the strips of land on either bank, where Mill street crosses said creek and connects the parts of said towns with each other, be hereafter one town, and the same is hereby created into, and constituted a town corporate, by the name of the town of Fredericksburgh.

Sec. 2. That it shall be lawful for the white male inhabitants who have resided in said town one year next previous to the election, having the qualifications ofelectors of members of the General Assembly, to meet at the school house in said town of Fredericksburgh, on the second Monday of April next, and on the second Monday of April annually thereafter, and then and there proceed, by a plurality of votes, to elect by ballot one mayor, one recorder, and five trustees, who shall be householders, and shall hold their respective offices one year, and until their successors are elected and qualified, and they shall constitute the town council, and five of them shall be a board for the transaction of business, but a less number may adjourn from time to time.

Sec. 3. At the first election to be holden under this act, there shall be chosen viva voce by the electors present, two judges and one clerk of said election, who shall each take an oath or affirmation faithfully to discharge the duties required of him or them under this act; and at all subsequent elections, the trustees or any two of them shall be judges, and the recorder clerk of the elections; and at all elections to be holden under this act, the polls shall be opened between the hours of one and two o'clock P. M.,

and close at four o'clock of said day; and at the close of the polls, the votes shall be counted, and a true statement the reof proclaimed to the electors present by one of the judges; and the clerk shall make a true record thereof, and within five days after such election, said clerk shall give notice to the persons elected of their election; and it shall be the duty of said town council, at least ten days previous to holding any annual election, to give notice of the same, by putting up written advertisements in at least three public places in said town.

Sec. 4. It shall be the duty of the mayor to preside at all meetings of the town council; and it shall be the duty of the recorder to attend all such meetings, and keep a fair and accurat e record of their proceedings.

Sec. 5. That the town council shall have power to fill all vacancies which may happen in said town council, from the qualified electors of said town, whose appointment shall continue until the next annual election, and until their successors are elected and qualified: whenever it shall so happen that said mayor or recorder is not present at any meeting, the trustees shall have power to appoint one of their number to preside or perform the duties of recorder, or both, as the case may be, pro tempore. Sec. 6. That the mayor, recorder and trustees shall be a body corporate and politic, with perpetual succession, to be known and distinguished by the name and title of the "Town council of the town of Fredericksburgh," and shall be capable in law, in their corporate name, to acquire property, real and personal, for the use of said town, sell and convey the same: may have a common seal, which they may alter at pleasure; sue and be sued, defend and be defended, in any court having competent jurisdiction; and when any suit shall be commenced against said corporation, the first process shall be by summons, an attested copy of which shall be left with the recorder, but in case of his absence, such copy shall be left with the mayor or one of the trustees of said corporation.

Sec. 7. That the jurisdiction of the officers of said corporation shall not extend beyond the limits of said town; that the mayor shall be a conservator of the peace throughout said town; and shall, within the same, have all the powers and jurisdiction of a justice of the peace, in all matters either civil or criminal, arising under the laws of this State; 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 from the decisions of said mayor in all cases where appeals are authorized by law to be taken from the decisions of a justice of the peace, and in the sarne manner.

Sec. 8. That the officers elected by virtue of this act, shall each, before entering upon the duties of his office, take an oath or affirmation to support the Constitution of the United States and of the State of Ohio, and also faithfully to discharge the duties of his office.

Sec. 9. That the town council shall have power to ordain and establish by-laws, rules and regulations for the government of said town, and the same to alter, repeal, or re-ordain at pleasure; and to provide by said by-laws for the election of a treasurer, town marshal, and all other subordinate officers which may be thought necessary for the good government and well being of said town, to prescribe their duties and determine the period of their appointment, affix the amount of fees they shall be enti tled to receive for their services, and require of them to take an oath or af

firmation faithfully and impartially to discharge the duties of their respective offices, and may require of them [such security] for the performance thereof, as shall be thought proper or expedient; said town council shall also have power to affix to the violation of the by laws and ordinances of the corporation, such reasonable fine or fines, penalty or penalties, as they may deem proper, and to provide for the disposition of the same: Provided always, Such by-laws and ordinances are consistent with the constitution and laws of this State and of the United States: And provided also, That no by-laws or ordinances shall have any effect until the same shall have been published three weeks by having the same posted up in three of the most public places in said town.

Sec. 10. That the town council shall, at the expiration of each and every year, cause to be made out and published, in the manner prescribed in the preceding section, the receipts and expenditures of the preceding year.

Sec. 11. That the said town council shall have power to regulate the streets, lanes and alleys, and to lay out new streets, lanes and alleys, to determine the width of side-walks, to require the owners to fence the parts of their respective lots; they shall have power to remove all nuisances and obstructions from the streets, side-walks and commons of said town, or to provide for the removal of the same, to secure the peace, health, property and prosperity of the inhabitants of said town.

Sec. 12. 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 Wayne; and he shall serve the process of the Mayor, and receive the same fees for his services that constables are allowed, in similar cases, for like services.

Sec. 13. That the mayor shall receive the same fees that justices of the peace are entitled to, in like cases; and the recorder such fees for his services, as the by-laws and ordinances of said corporation shall prescribe; but the recorder of the town council shall receive no pecuniary compensation.

Sec. 14. That, for the purpose of enabling the town council to carry into effect the provisions of this act, they are hereby authorized to levy a tax on all the real and personal property within the bounds of said corporation, as the same has been or shall be appraised on the grand levy of the State: Provided, That said tax shall not exceed, in any one year, more than three-fourths per centum of the aggregate amount of taxable property within the limits of said town; and the said town council shall, between the first Monday in May and the first day of July in each year, determine the amount to be assessed and collected the current year.

Sec. 15. That it shall be the duty of the town council to make out a duplicate of taxes, charging each individual therein, an amount of taxes in proportion to the value of the property of such individual within said town; which duplicate shall be signed by the mayor and recorder, and delivered to the marshal, or to 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.

L. L.-16.

ings of the village council; it shall also be the duty of the recorder to attend all such meetings, and keep an accurate record of their proceedings. to be recorded in a book to be 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 village, whose appointment shall continue until the next annual election, and until their successors are elected and quali fied; and whenever it may happen that neither the president of the council nor the recorder is present at any meeting of said village council, the trustees shall have power to appoint one of their number to perform the duties of such president of the council or recorder, or both, as the case may be, which appointment shall be pro tempore; and that the president of the council, or a majority of the trustees, shall have power to call a meeting of the village council whenever, in his or their opinion, the public good of said corporation shall require it.

Sec. 7. That the president of the council, recorder, and trustees, or a majority of them, whereof the president of the council 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 ex pedient for the regulation, interest, safety and health, cleanliness and convenience of said village, and the same to alter or repeal at pleasure; they shall have power to appoint a treasurer, village marshal, and such other subordinate officers as they may deem necessary; to prescribe their duties and 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 village 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 reinoved, all nuisances and obstructions necessary to secure the health, peace, and good order of the inhabitants of said village.

Sec. 8. That, for the purpose of more effectually enabling the village council to carry into effect the provisions of this act, they are hereby au thorized and empowered to assess, for corporation purposes, an amount o tax on all property in said village, made taxable by the laws of this State for State and county purposes, not exceeding, in any one year, one-fourt per centum on the value thereof, as the same shall be valued on the book of the auditor of the county; they shall also have power to levy a special tax: Provided, two-thirds of the freeholders, of a regular meeting, consen thereunto, due notice thereof having been given, which shall, in no case exceed two per centum as aforesaid.

Sec. 9. That it shall be the duty of the village 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 village; which duplicate shall be signed by the president of the council 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 village, 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 empowered to do for lands sold by the county treasurer; and the collector shall, within ten days after collecting said taxes, pay the same over to the treasurer of said corporation, taking his receipt therefor, and shall receive for his fees such sum as the village 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 village council shall have power to establish and organize a fire department, to procure an engine, hose, hooks, ladders, and other implements of use in the arrest and extinguishment of fire.

Sec. 11. That the by-laws and ordinances of said village shall be posted up in one or more of the most public places in said village, at least ten days before the taking effect thereof, and the certificate of the recorder, upon the village record, shall be considered sufficient evidence of the same having been done.

Sec. 12. That the village 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 village, an exhibit of the receipts and expenditures of the preceding year, which statement shall be certified by the recorder of said village.

Sec. 13. That the president of the council of said village shall be a conservator of the peace throughout the limits of said village, and shall have, within the same, all the power 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 president of the council shall perform all the duties required of him by the laws and ordinances of said corporation; and appeals may be taken in all cases from the decisions of said president of the council in the same manner as from decisions of justices of the peace; he shall keep a docket, where he shall keep a fair record of all matters of difference tried before 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 village, and shall have the same power that constables have by law, and his jurisdiction in criminal cases shall be co-extensive with the county of Portage; he shall execute the process of the president of the council, and receive the same fees for his services that constables are allowed in similar cases.