day of May, annually, instead of the first Monday of April, as provided in the fifth section of said act. Sec. 2. That so much of the 3d section of the act to amend the act to incorporate the Hamilton, Rossville, Sommerville, Newcomb and Eaton turnpike company, passed April 3d, 1837, as prohibits the company from erecting toll gates at a less distance than two and one half miles from the town of Rossville, be, and the same is hereby repealed. C. ANTHONY, January 4, 1838. AN ACT Speaker of the Senate. To amend an act entitled "An act making a special appropriation of the Three per cent. fund of Madison county," for the erection of a Bridge across Deer creek, in said county. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the act to which this is an amendment, as provides for weatherboarding and covering the bridge authorized to be erected across Deer creek, in Madison county, passed April 3d, 1837, is hereby repealed. C. ANTHONY, Speaker of the House of Representatives. January 5, 1838. Speaker of the Senate. AN ACT To lay out and establish a graded State road in the counties of Guernsey, Morgan, and Washington. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Andrew Morrison, of Guernsey county, and John Archbold, of Morgan county, and Samuel Beach, of Washington county, be, and they are hereby, appointed commissioners, and Benjamin Thorla, of Morgan county, surveyor, to lay out and establish a graded State road, commencing at Washington, in Guernsey county, on the National turnpike; thence southwardly to Senecaville, in Guernsey county; thence to cross Little Buffalo creek, a few rods below what is commonly called Bates' old mill, in Morgan county; thence through the lands of James W. Shanklin & Co., Ezekiel Bates, Thomas Larges, and Alfred Morrison; thence the nearest and best way to Robert McKee's store, in Morgan county; thence the nearest and best way to the mouth of Cats creek, on the Muskingum river, in Washington county; said road not to exceed an angle of six degrees with the horizon. Sec. 2. That shall either of the commissioners or surveyor, named in the first section of this act, die, refuse to serve, or remove out of their respective counties, the commissioners of the county where such vacancy shall happen, shall fill the same as often as it may occur. Sec. 3. That the commissioners and surveyor aforesaid, shall be governed in all respects by the law now in force, defining the mode of laying out and establishing State roads, passed March 14, 1831; and the expenses of laying out and establishing said road shall be paid in the manner pointed out in said act. C. ANTHONY, Speaker of the Senate. January 5, 1838. AN ACT To incorporate the Rush Medical Society of Willoughby University of Lake Erie. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Daniel L. M. Piexotto, Amasa Trowbridge, I. J. Allen, and their associates, be, and they are hereby created a body corporate and politic, with perpetual succession, by the name of the "Rush Medical Society;" and by that name may sue and be sued, plead and be impleaded, answer and be answered, in all courts and elsewhere; and to acquire and possess, by devise, gift, grant, or otherwise, property real and personal, and may sell, exchange and convey the same; Provided, the annual income of such corporation shall not exceed three hundred dollars. Sec. 2. That the stock and funds of said corporation shall be employed for the promotion of literature and science, and no other purpose what ever. That the members of said society may elect such officers as they may deem necessary, and may annex to their by-laws, pecuniary fines for a breach thereof: Provided, Such by-laws contain nothing repugnant to the constitution and laws of the United States, or of this State. C. ANTHONY, Speaker of the House of Representatives. GEORGE J. SMITH, January 5, 1838. Speaker of the Senate. AN ACT To amend an act entitled "An act to incorporate the Cincinnati, Montgomery, Hopkinsville, Rochester, and Clarksville McAdamized Turnpike Company, and an act amendatory thereto," passed March 14, 1836. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the Cincinnati, Montgomery, Hopkinsville, Rochester and Clarksville McAdamized turnpike company are hereby authorized and empowered so to change the place of beginning said turnpike road, on the extremity near Cincinnati, in Hamilton county, as to connect said turnpike with an artificial road now being constructed by the commissioners of Hamilton county from Cincinnati aforesaid, to Sharpsburg, in said county, at any point at or near said last mentioned town, that may be agreed on between said company and the commissioners of Hamilton county; and nothing in the aforesaid act of incorporation shall be so construed as to require such company to make said turnpike to Cincinnati, or nearer thereto, than such point of connection aforesaid, at or near the town of Sharpsburg. Sec. 2. Said company shall have full power to lay out and construct said turnpike upon so much and such parts of the State road leading from Cincinnati to Chillicothe as fall in the route of said turnpike, and said State road to use, occupy, grade and improve, in such manner as may be necessary to complete said turnpike: Provided, however, The said company shall, at all times, while constructing said turnpike, keep open a way along such parts of said road to Chillicothe as may be occupied with said turnpike, so as to admit the passage of horses and wagons, and not to obstruct the travel along said State road, more than can conveniently be prevented. Sec. 3. Said company shall have power to extend said turnpike from Clarksville, in Clinton county, to Wilmington, in the same county, with the same powers and privileges which the said company is invested with to make said turnpike between Sharpsburg and Clarksville, and the same rates of toll to charge on said road between Clarksville and Wilmington, when said turnpike shall there be completed, as they can charge on the other parts of said turnpike: Provided, however, That-said turnpike company shall not in any way interfere with the rights, powers and privileges heretofore granted to the Goshen, Wilmington and Columbus turnpike company, to make a road between said towns of Clarksville and Wilmington without the assent of said last mentioned company, expressed by a resolution of the board of directors thereof for the time being. C. ANTHONY, Speaker of the House of Representatives. Speaker of the Senate. January 5, 1836. AN ACT To incorporate the town of Millville, in the county of Butler. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the township of Ross, in the county of Butler, as is compre hended in the recorded plat of the town of Millville, together with such plats as have been, or may hereafter be, recorded as additions thereto, be, and the same is hereby, created and constituted a town corporate, by the name of the town of Millville. Sec. 2. That for the good order and government of said town, it shall be lawful for the inhabitants thereof, having the qualification of electors of members of the General Assembly, to meet at some suitable place in said town, on the last Saturday of April, 1838, and at the same time thereafter annually, at such place in said town as the town council may direct, and then and there proceed by ballot to elect one mayor, one recorder, and five trustees, being householders of said town, and having the qualifications of electors as aforesaid, who shall hold their offices for one year, and until their successors shall be elected and qualified: Provided, That there shall be at least ten days' notice given of the time and place of holding all such elections by written notice for the first election, signed by any two or more householders of said town, and afterwards by the recorder of said town, and posted up at three or more public places in said town, and at the first election to be holden under this act, there shall be chosen, viva voce, by any seven electors present, two judges and a clerk of said election; and at all subsequent elections the trustees, or any two of them, shall be judges, and the recorder the clerk of said election. Sec. 3. That at all elections hereby provided for, the polls shall be opened between the hours of two and three o'clock, P. M., and close at six o'clock, P. M. of said day; and the clerk at such elections shall keep a true record and poll book of such election, and on the votes being counted out, shall proclaim to such persons as may be present, the result thereof, and notify any and all persons elected of their election personally, or by leaving a written notice at his usual place of residence, within five days thereafter; and every person so elected shall, before entering upon the duties of his office, take an oath or affirmation to support the constitution of the United States, and of this State, and also an oath or affirmation of office. Sec. 4. That the mayor, recorder, and trustees of said town shall be, and they are hereby, created a body politic and corporate, with perpetual succession, to be known and designated by the name of the "Town Council of Millville," and shall use a common seal, and alter the same at pleasure; and be empowered to receive, take, hold, or purchase, and acquire such estate, real, personal or mixed, as may be necessary for the internal regulation of said corporation, and to sell, convey, dispose of, and manage the same in such manner as a majority may determine and direct, for the sole use, benefit, and advantage of said town: they shall be capable, in their corporate name aforesaid, of suing and being sued in any court of law or equity in this State; and when any suit is commenced against said corporation, the first process shall be served by leaving a L. L.-3. copy with the mayor or at his usual place of abode, at least five days before the return day thereof, which shall be deemed due service. Sec. 5. It shall be the duty of the mayor, and in case of his absence or inabilty, of the recorder, to preside at all meetings of the town council; and the recorder shall, at such meetings, keep an accurate record of their proceedings in a book provided for that purpose; but in case of his absence or inability, the trustees shall have power to appoint one of their body clerk pro tempore for such meeting. Sec. 6. The town council shall have power to fill all vacancies which shall occur in their body by death, resignation, or otherwise; and when it may happen that either the mayor or recorder, or both, are absent at any meeting of the council, the trustees shall have power to appoint out of their own body a mayor or recorder pro tempore; and the mayor, or any two trustees, or the recorder and any one trustee, shall have power to call a meeting of the council. Sec. 7. The mayor, recorder and trustees, or a majority of all of them concurring, shall have power and authority to make, ordain and publish all such by-laws and ordinances, not inconsistent with the laws or constitution of this State, or of the United States, as they may deem necessary and expedient for the good government, convenience, health, cleanliness, interest and safety of said town; and the same to alter and amend or repeal at pleasure; they shall have power to enact and enforce such ordinances as they may find to be necessary to prevent and to punish retailing spirituous liquors, by persons not authorized by license from the court of common pleas; also, to prohibit or license the exhibition of shows within. their corporate limits; and all fines, penalties and forfeitures, which may accrue to said town council by means of the violation of all its laws and ordinances, shall be recoverable by action of debt before the mayor; and when collected, shall be paid into the hands of the treasurer of said corporation, and expended under the direction of said council, to the improvement of the streets and side-walks of said town. Sec. 8 The town council shall have power to appoint a treasurer, town marshal, and such other ministerial and subordinate officers as they may deem necessary, to prescribe their duties, and require of them such security as they may judge necessary to secure the faithful performance of their several duties, and to remove them at pleasure, and fix and establish their fees as well as the fees of the mayor and recorder, not prescribed by this act: they shall have power to lay out and regulate the lots, streets, alleys, and public ground, to lay out and determine the width of the sidewalks; to erect a market house and regulate the markets; and to remove and prohibit all nuisances prejudicial to the health, cleanliness and comfort of said town. Sec. 9. That for the purpose of enabling said town council more effectually to carry into effect the provisions of this act, they are hereby authorized and empowered, to assess a tax for corporation purposes on all property within the limits of the corporation made taxable by the laws of this State for State and county purposes, so that said tax shall not exceed in any one year, five mills on the dollar of valuation, as the same may be found valued on the books of the Auditor of the county at the time of assessing said tax; the town council shall also have power, if authorized so to |