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zance of all offences against the laws of the corporation, and shall enter his proceedings therein in the mayor's docket, on which the mayor may. proceed to final execution; he shall enter into bonds to the acceptance of the trustees, and shall be entitled to the same fees that the mayor receives for similar services.

Sec. 9. The assessor shall, annually, between the fifteenth day of April and the first day of May, appraise all real estate within the limits of the corporation, and take a list of all the personal property therein, subject by the laws of this State to pay a State or county tax; he shall, by the tenth day of May, make out two alphabetical lists of persons owning property, and, in separate columns opposite each name, shall enter the number or other pertinent description of the lot, the value of the lot, together with the improvements thereon, each description of personal property, and a grand total of valuation, one of which lists he shall deliver to the recorder, and the other he shall stick up in some public place in the

town.

Sec. 10. The town council and assessor shall meet on the last Monday of May, and equalize the appraisements of the assessor; immediately after equalizing and correcting said list, the town council shall determine the per centum of tax to be levied for the ensuing year, designating how much for corporation purposes, and how much for improving streets: Provided, That the whole tax shall not exceed one half per cent. on the valuation: And provided, also, That any balance remaining in the treasury may be expended by the town council in improving the streets or other public grounds.

Sec. 11. The treasurer shall enter into such bonds as shall be required by the town council; he shall keep an account of all moneys received and paid out, and shall make settlement with the town council on the Satur day preceding the second Monday in April; an abstract of which settlement, showing the amount received, and from what sources, also the amount disbursed, and for what objects, shall be posted up at the time and place of holding the annual charter elections.

Sec. 12. The street commissioners, under the direction of the town council, shall have the superintendence of all improvements made on the streets, lanes, alleys, and all other public grounds; he shall be furnished by the recorder with the duplicate of taxes levied for the improvement of streets, by the fifteenth day of June, and shall forthwith call on each person named in his duplicate, and residing in the town, and give such person notice of the amount of tax charged against him or her, and of the time and place when and where he will attend and superintend the working of the same; which tax may be worked out at one dollar per day; he shall, when authorized by the town council, call on every male person who has resided in the town three months, and is liable by the laws of the State to labor on the highways, to perform one days' labor on the streets, lanes, alleys, or other public grounds; but no man shall be compelled to perform more than one day's work in any one year; the street commissioner shall have the same power in calling more out to work, and in superintending their labors, that are given by law to the supervisors of highways; and any person liable by this section to perform labor under his direction, shall be subject to the same penalty for refusing or neglecting to perform the labor

that he would be if called on by his proper supervisors, to be recovered by an action of debt, in the name of the street commissioner, before the mayor.

Sec. 13. That if any street tax against a resident remains unpaid, either in labor or otherwise, to the acceptance of the street commissioner, on the first day of October, such resident, having had three days' notice, at two different times, to work out the same, the street commissioner may bring his suit before the mayor for the amount of such tax, and collect the same by execution, with costs; and all taxes against non-residents, remaining unpaid on said first day of October, shall be returned by the street commissioner as delinquent to the recorder, who shall immediately deliver a list of such delinquent taxes to the marshal, to be by him collected as other

taxes.

Sec. 14. That the mayor shall pay over all moneys collected by him, under the two preceding sections, to the street commissioner, and take his receipt therefor; and the street commissioner shall expend the same, and all other moneys that shall come into his hands for that purpose, in such manner as the town council shall direct, in improving the streets or other publie grounds; he shall exhibit his accounts to the town council, and settle same, on the Saturday preceding the second Monday in April.

the

Sec. 13. That the marshal shall serve all process issued bythe mayor or recorder, and shall have the same powers in serving the same that constables have in serving similar process issued by justices of the peace, whether such process be issued by virtue of the laws of this State, or ordinances of the town council; he shall enter into such bonds as shall be required of him by the town council, and shall be entitled to the same fees as constables for similar services; he shall receive from the recorder, by the first day of July, the duplicate of taxes levied for corporation purposes; and shall, before the first day of October, call on each person residing in the town for the tax charged to such person; should the tax of any person residing in the town remain unpaid on the first day of December, he may proceed forthwith to levy on the personal property of such delinquent, and sell the same, after giving ten days' notice in three public places in the town, to satisfy such tax and costs; for which levy and sale he shall be entitled to the same fees as constables for levy and sale on execution; he shall pay over the proceeds of taxes to the treasurer, as directed by the town council, and shall exhibit his accounts to the town council, and settle the same, on the Saturday preceding the second Monday in April.

Sec. 16. That if the tax on any real estate remains unpaid at the time of such settlement, the marshal shall return the same delinquent to the recorder; and such real estate shall be entered on the duplicate of the succeeding year, with the penalty and interest as is charged by county auditors on taxes delinquent for State and county purposes, together with the simple tax for the year; and the marshal shall proceed in the collection thereof as directed in the preceding section; but if such taxes, penalty, and interest shall remain unpaid on the first day of December, the marshal shall advertise the same in the same manner that county auditors are required to advertise lands delinquent for taxes, in some paper in general circulation in the town or vicinity; and shall, on the first Monday in February, proceed to sell from such lots, as still remain delinquent, so much

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thereof as is necessary to pay such taxes, penalty, and interest; and the marshal shall be governed by the same rules in making sales and giving deeds as county treasurers and auditors; and the owners of such lots shall have the same right of redemption that they would have had the same been sold for State and county taxes.

Sec. 17. That all fines and penalties collected by the mayor, or under the provisions of this act, unless herein otherwise provided, or under the ordinances of the town council, shall be by him, within ten days, paid over to the treasurer of the corporation; and if he should neglect so to pay over, an action may be brought against him in the name of the treasurer before a justice of the peace of the proper township, or any court having competent jurisdiction, and judgment shall be rendered against him for the sum so withheld, and ten per cent. added thereto, on which there shall be no stay of execution.

Sec. 18. That the corporation be allowed the use of the jail of the county of Cuyahoga, for the imprisonment of such persons as may be liable thereto under the ordinances of said town; and all persons so imprisoned to be under the charge of the jailer, as in other cases.

C. ANTHONY,
Speaker of the House of Representatives.
GEORGE J. SMITH,

March 5, 1838.

Speaker of the Senate.

AN ACT

To amend an act entitled "An act to incorporate the town of Somerset, in the county of Perry," passed January 6th, 1827.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the town council of the town of Somerset shall have authority to compel the owner or owners of any lot, fractions of land, or part of a lot in said town, to pave and curb the side-walks, and pave the public gutters fronting on the same, in such manner as they may, by public ordinance, deem expedient; and in case of the neglect or refusal of any person or persons, owners as aforesaid, to comply with such requisition within the period prescribed by such ordinance, said town council may cause such improvements to be made, at the expense of the corporation; which money, so expended, is hereby made a tax upon the lot or lots in front of which such improvement is made; and it shall be the duty of the recorder to enter upon the annual duplicate of said town, in a separate column for that purpose, against any lot or lots, the amount so charged and assessed; which tax shall be collected in such manner as other corporation taxes are collected under the provisions of the act to which this is an amendment, and such amendments as have been subsequently made thereto: Provided, That in no case shall a sum greater than twenty dollars be assessed for each lot, or in that proportion for parts of lots, for the purposes herein before provided.

C. ANTHONY,

Speaker of the House of Representatives.

GEORGE J. SMITH,

March 5, 1838.

Speaker of the Senate.

AN ACT

To change the name of the town of Hartford, in the county of Allen.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the name of the town of Hartford, in the county of Allen be, and is hereby changed to that of Gallatin.

Sec. 2. That no right or title to any property heretofore acquired, shall in any wise be affected by the passage of this act.

C. ANTHONY,

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

March 5, 1838.

Speaker of the Senate.

AN ACT

To repeal an act entitled "An act to repeal an act entitled 'An act authorizing the expenditure of certain taxes on a State road, therein named."

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the act entitled "An act to repeal an act entitled 'An act authorizing the expenditure of certain taxes on a State road therein named," passed April 3, 1837, be, and the same is hereby repealed.

Sec. 2. That the act entitled "An act authorizing the expenditure of certain taxes on a State road therein named," passed March 5, 1835, be, and the same is hereby revived, and declared to be and remain in full force and effect.

C. ANTHONY,

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

March 5, 1838.

Speaker of the Senate.

AN ACT

To authorize the County Commissioners of the county of Carroll to order a re-appraisement of town lots within the county of Carroll.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the county commissioners of the county of Carroll be, and they are hereby authorized to appoint such person or persons as they shall approve, to reappraise all the town lots within the town of Carrollton, in the said county of Carroll, and in such other towns within said county as they shall deem such re-appraisement necessary.

Sec. 2. That the appraiser so appointed, in making such new appraisement, shall be governed in all respects by the general law regulating the

duties of county assessors, designating in said appraisement, the number of each lot, and the particular addition of the town in which said lot is so located.

Sec. 3. That such appraiser shall make out and return the list of said appraisement to the office of the county auditor of the said county, on or before the first Monday of May, A. D. 1838; and said appraiser shall be entitled to receive the same fees as the county assessors are entitled to receive for similar services, which shall be paid out of the county treasury of said county on the order of the auditor,

C. ANTHONY,
Speaker of the House of Representatives.
GEORGE J. SMITH,

March 5, 1838.

Speaker of the Senate.

AN ACT

Further to amend the act entitled "An act to incorporate the Zanesville and Maysville Turnpike Road Company," passed March 7, 1836.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the several subscribers for stock in the Zanesville and Maysville Turnpike Road Company, shall be bound and held liable for the amount by him or her respectively subscribed or held, and no more, any thing in the act to which this is an amendment to the contrary notwithstanding.

Č. ANTHONY,

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

March 5, 1838.

Speaker of the Senate.

AN ACT

To incorporate "Mount Zion's Lutheran and German Reformed Church," of Monroe township, in the county of Richland.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That John Smith, Henry Sackman, Jacob Culler, Michael King, and John Ernsparger, and their associates, be, and they are hereby created a body corporate and politic, by the name of "Mount Zion's Lutheran and German Reformed Church," in the township of Monroe, in the county of Richland; and as such, shall be entitled to all the rights, privileges and immunities granted, and shall be subject to all the restrictions of an act entitled "An act in relation to incorporated religious societies," passed March 5, 1836.

Sec. 2. That said society shall give ten days' notice, by posting up advertisements in three of the most public places in the vicinity of said

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