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ordinances of the corporation; and to issue such processes as may be no cessary to carry into execution such laws and ordinances; and an appeal may be had, in all cases, from the decision of the mayor to the court of common pleas of the county aforesaid, in the same manner as appeals are taken from the decisions of justices of the peace.

Sec. 8. That it shall be the duty of the recorder to make and keep a true record of all laws and ordinances made and ordained by the town council of said town, and of all their proceedings in their corporate capa city; which record shall, at all times, be open for the inspection of the electors of said town, and others interested therein; and the recorder shall preside at all meetings of the corporation, in the absence of the mayor; and shall perform such other duties as may be required of him by the laws and ordinances of said corporation.

Sec. 9. That all processes issued by said mayor, shall be directed to the marshal of said town; and in the service and execution thereof, the marshal shall have the same power as is given to constables, and shall be entitled to receive the same fees as constables are for similar services; and the marshal shall perform such other duties as shall be required of him by the laws and ordinances of said corporation.

Sec. 10. That the town council shall have power to lay a tax, annually, for corporation purposes, on the property within the limits of said town, returned on the grand levy, and made subject to taxation by the laws of this State: Provided, That said tax shall not exceed, in any one year, three mills on the dollar, the amount of tax to be levied being determined by said town council; it shall be the duty of the recorder to make out a duplicate thercof, charging therein each individual owning property in said town, an amount of tax in proportion to the amount of his property, as assessed and returned on the grand levy for taxation; and the recorder shall have free access to the books of the county auditor of said county, for the purpose of making out any duplicate for the marshal aforesaid; and shall receive for his services the same fees as county auditors are allowed for similar services; which duplicate shall be certified and signed by the mayor and recorder, and delivered to the marshal, who shall proceed to levy and collect said tax, in the same manner and under the same regulations as the collector of State and county tax is required, by law, to co lect State and county taxes; and the said marshal shall, immed ately after collecting the said tax, pay the same over to the treasurer of taid corporation, and take his receipt therefor; and in the collection thereof, the said marshal shall have the same power to sell, both real and personal estate, as is given by law to county treasurers; and, when necessary, the said recorder shall have power to make deeds for real estate sold for taxes by a county treasurer; and the marshal shall receive for his fees, in the collection aforesaid, such sum as the town council may direct, not exceeding six per annum on all moneys by him collected, tobe paid by the treasurer, on the order of the recorder.

Sec. 11. That said corporation shall be allowed the use of the jail in said county, for the confinement of such persons as may be liable to imprisonment under the laws and ordinances of said town; and all persons so

imprisoned, shall be under the charge of the sheriff of Muskingum county,

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To incorporate the Market Street Baptist Church, of Zanesville, in the county of

Muskingum.

Be it enacted by the General Assembly of the State of Ohio, That Henry Eastman, James Ramage, Thomas Shepherd, James Huey, Pros per Rich, Samuel Belknap. John S. Parkinson, George James, Charles G. Wilson, Ezekiel T. Cox, Hiram Rogers, George Helmick, Nelson W. Graham, John A. Turner, Jesse Keen, and Thomas Hillyer, and those who may be hereafter associated with them, are hereby created a body politic and corporate, by the name of the "Market Street Baptist Church of Zanesville," agreeably to an act passed March 5, 1836, entitled "An act in relation to incorporated religious societies," and shall hold their first meeting for the election of officers by the trustees, hereinafter named in this act, giving ten days' notice in writing, posted up in three public places in the town of Zanesville, of the time and place of holding the same.

Sec. 2. That Henry Eastmon, James Huey, Charles G. Wilson, Jesse Keen, and George James, named in the first section of this act, be, and they are hereby, appointed trustees for said church and society, to hold their offices until others are elected in their stead.

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

March 5, 1838.

Speaker of the Senate.

AN ACT

To amend the act entitled "An act to incorporate the Urbana, Troy, and Greenville Turnpike Company," and the act amendatory thereto.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the Governor be, and he is hereby, authorized and required to subscribe, on behalf of the State of Ohio, thirty thousand dollars to the capital stock the Urbana, Troy, and Greenville Turnpike Company; and the said company, in the expenditure of all moneys so subscribed, shall, at all times, be subject to the directions of the Board of Public Works in the construction of said road; but no money shall be paid on the subscription so made by the Governor, until subscriptions to the capital stock of said company shall be made by responsible individuals or corporations, including such sub

scriptions already made, to an amount equal to one-half the amount so subscribed by the Governor, nor until security to the satisfaction of the Governor shall be given for the faithful payment and expenditure of said subscription on said road, bearing the same proportion to the whole amount thereof, as the payments made by the State bear to the whole amount subscribed by the Governor, and payable at the same time or times: Provided, That the Governor shall, at no time thereafter, make any further subscriptions on the part of the State to the stock of said company, until the company shall have subscribed and expended an equal amount on said road; and all further subscriptions shall be governed by the provisions of the act entitled "An act to authorize a loan of credit, by the State of Ohio, to railroad companies, and to authorize subscriptions by the State to the capital stock of turnpike, canal, and slackwater navigation companies," passed March 24th, 1837."

Sec. 2. That so much of the subscription hereby authorized and appropriated, shall be expended an 1 applied under the direction of the Board of Public Works, in grading and bridging so much of said turnpike road as lies between the town of Troy, in Miami county, and Greenville, in Darke county, as may be necessary to grade and bridge the same.

Sec. 3. That the said company shall be entitled to demand and receive one-half of the rates of tolls on said road authorized by the act of incorporation, when the same, or any part thereof, being not less than ten miles together, shall have been graded and bridged, though not fully completed; and the State shall be entitled to a proportionate share of tolls received by said company, and according to the amount of stock taken and paid.

Sec. 4. The Commissioners of the Canal Fund are hereby authorized to borrow, on the credit of the State, the aforesaid sum of thirty thousand dollars, at a rate of interest not exceeding six per centum per annum, redeemable or reimbursable at such time or times as said commissioners may designate or deem most expedient, within a period of time not further dis tant than the year eighteen hundred and sixty-five.

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

March 6, 1838.

Speaker of the Senate.

AN ACT

To authorize the sale and conveyance of the public square in the town of Winchester, in the county of Adams, for the purposes therein named.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That William Robbins, Robert Jones, and H. J. De Bruin, of the town of Winchester, in the county of Adams, be, and they are hereby, authorized to sell and convey the following described real estate, situate in said town, known and designated on the plat of said town as the public square, to wit: beginning at the northeast corner of in-lot No. 43, in the said town; thence with the line thereof, north sixty-eight and a half degrees, west ten poles:

thence north, twenty three degrees east, eight poles; thence south, sixtyeight and a half degrees east, ten poles; thence south, twenty-three de grees west, eight poles, to the beginning, containing one-half an acre of land, in the manner and upon the terms hereinafter provided.

Sec. 2. That the above named persons, or any two of them, may di vide the said half acre of land into three equal parcels, and proceed to sell the same at public auction to the highest bidder, upon a credit of six, twelve, and eighteen months, first having given thirty days' notice of the time and place of said sale, by advertisement posted up in three of the most public places in the vicinity of said town, and also by publication in some newspaper of general circulation in the county, if any such there be; and upon the receipt of the purchase money therefor, that the persons aforesaid, or any two of them, are hereby authorized to make to the purchaser or purchasers good and sufficient deed or deeds of conveyance for the same.

Sec. 3. That the moneys arising from said sale shall be paid over to the directors of school district No. 1, in Scott township, in county of Adams; and shall be by them applied to the erection of a school house in said district: Provided, That if the name of the township, in which said town of Winchester is situate, shall be changed before the passage of this act, that the moneys arising from the sale shall be paid over to the direc tors of the school district including the said town of Winchester, and shall be by them applied to the erection of a school house in said last mentioned district.

C. ANTHONY,

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

March 6, 1838.

Speaker of the Senate.

AN ACT

To amend an act entitled "An act to incorporate the town of Fulton, in the township of Fulton, in the county of Hamilton."

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the qualified voters of the town of Fulton, in the county of Hamilton, shall, on the first day of Monday of April, annually, elect five trustees, who shall be householders, and shall have resided two years in said town next preceding such election; and the trustees so elected, when assembled together and duly organized, shall constitute the town council, a majority of the whole number of whom shall form a quorum for the transaction of business; they shall be judges of the returns and qualifications of their own members, any three of whom shall be judges of elections, which may be determined by lot; said trustees shall continue in office one year, and until their successors are chosen and qualified; they shall determine the rules of their proceedings, and fill any vacancies that may occur in town officers during the current year; keep a journal thereof, which shall be open to the inspection of any citizen; and may compel the attendance of absent members in such manner and under such penalties as they shall prescribe; they shall meet at some convenient place in said town on the

second Monday in April, and after taking the oath or affirmation of office before the town clerk, who is hereby empowered to administer the same, or some other authorized officer, they shall elect, from their own body, a president, who shall preside at their meetings during the time for which they shall have been elected: Provided, That, in the absence of the president, a president. pro tempore, shall be elected by the members present. Sec. 2. That all moneys levied and collected in said town, and approprinted by law to the support of the common schools, shall be paid over by the town treasurer, on the order of the town council semi-annually, to the trustees of the respective school districts in said town, which money shall not, under any pretence whatever, be applied to any other use than that for which it was collected.

Sec. 3. That the said town council shall have power, whenever, in their opinion, the interest of said town shall require it, to levy and collect a tax on dogs or other domestic animals, not included in the list of taxable property for State and county purposes, and said tax, when collected, shall be paid into the common school fund of said town.

Sec. 4. That said corporation shall be allowed the use of the jail of Hamilton county, for the confinement of such persons as may be liable to imprisonment under the laws and ordinances of said corporation, and all persons so imprisoned, shall be under the charge of the sheriff of said county, as in other cases.

Sec. 5. That so much of the act entitled the "Act to incorporate the town of Fulton, in the township of Fulton, in the county of Hamilton," as contravenes the provisions of this act be, and the same is hereby, repealed.

March 6, 1838.

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

AN ACT

Making a special distribution of arms to the ninth division of Ohio militia.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the Quartermaster General of the State be, and he is hereby, directed to deliver to Major General Asabel Brainard, of the ninth division of Ohio militia, three pieces of ordnance, (iron six-pounders.) with carriages and apparatus complete, and, if necessary, to procure the same without delay from the United States, as a part of this State's quota of arms, under the act of Congress, of 1803; and he is further directed to deliver to the said General Brainard two hundred and fifty muskets, with such accoutrements as belong to them, if on hand.

Sec. 2. That the said General Asahel Brainard shall, upon the receipt of said ordnance, arms, apparatus, and accoutrements, execute a bond, payable to the Quartermaster General for the time being, with sufficient security, to be approved by the Quartermaster General, in double the amount of the value of said ordnance, arms, apparatus, and accoutrements,

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