Sec. 7. A donation to the corporation of five hundred dollars shall entitle the donor, his heirs, or assigns, in perpetuity, to one scholarship gratis, and a donation of three hundred dollars shall entitle the donor to one scholarship as aforesaid during his life, and the minority of his or her children, or of either of them. Sec. 8. Neither the stockholders, trustees, or other officers shall have authority to impose any tax or assessment, amercement or fine upon the stock or shares of said corporation, or any individual holder thereof, for the purpose of raising funds for the objects of said institution. Sec. 9. All donations, subscriptions, or contracts heretofore made to, or with, said company or association, shall be as valid and binding in law as if the same had been made subsequent to the taking effect of this act. Sec. 10. That Obadiah Jenney, John Tifft, Asahel Morse, Otis G. Carter, William F. Griswold, Peter P. Fusselman, Picket Latimer, Robert Morton, and Samuel J. Worcester, be, and they are hereby, appointed trustees of said institution, with full power and authority to conduct, all and singular, the concerns of said corporation, until others shall be elected under this act. Sec. 11. All legal process upon said corporation shall be by summons or subpoena, and shall be served by leaving a certified copy thereof with the secretary, at least ten days before the return day of the same. March 9, 1838. C. ANTHONY, AN ACT For the relief of the proprietors and inhabitants of the town of Dover, in the county of Tuscarawas. Whereas, it has been represented to this General Assembly that a number of lots were donated and granted by the proprietors of said town, in so vague and undefined a manner, that the intention of said grants cannot be realized by the inhabitants and religious societies, for whose benefit they were intended: Therefore, Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That all grants and donations in the town of Dover, in the county of Tuscarawas, made by the proprietors of said town at the time the same was laid out and the plat recorded, be, and the same are hereby, declared void and of no effect; and the proprietors and owners of said town plat are hereby authorized to resume possession and exercise ownership of all town lots, so as aforesaid granted and donated for public purposes and to religious societies, at the time said town was laid off: Provided, however, That before this act shall have any effect, or grant any privileges to said proprietors, they shall execute a deed, in fee simple, to the citizens of said town of Dover, and cause the same to be recorded in the office of the recorder of deeds for said county, for lots numbered from No. 221 to 228, both numbers included, for the sole use and purpose of a public burying ground for the inhabitants of said town and its vicinity; adding to such deed a piece of ground on the west end of said lots as long as said lots are wide, and of sufficient width to take in all the graves heretofore made on the outside of said lots; and also a deed, in fee simple, for lot No. 170, to the directors of school district number one in Dover township, and their successors in of fice, for the purpose of having a district school house on the same; and also a deed, in fee simple, to some officers or trustees of the German Lutheran Congregation of said town and its vicinity for a lot in some part of the ori ginal town plat, for the purpose of erecting a meeting house or church on the same; and also a deed, in fee simple, in the same manner, and for the same purpose, for one lot to the Moravian Society. Sec. 2. That Hickory alley, in said town, so far as the same runs between the two blocks of lots designated by this act, to be deeded by the proprietors of said town as a public burying ground, after said lots being deeded as aforesaid, shall be considered and deemed as vacated, and shall form a part of said burying ground. Sec. 3. That all that part of said town plat of Dover lying south of said burying ground, west of Hickory Alley, and north of Main street, shall be, and the same is hereby, vacated. C. ANTHONY, March 9, 1838. Speaker of the Senate. AN ACT To lay out and establish a State road in the counties of Huron and Seneca. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Obadiah Jenney and John S. Prentiss, of the county of Huron, and Lorin M. Knapp, of the county of Seneca, are appointed commissioners to lay out and establish a State road, beginning at the village of Norwalk, in Huron county, running through Peru village in said county, thence to Troy Mills, in said county, thence to Attica, in Seneca county. Sec. 2. That the commissioners named in the first section of this act shall be governed, in all respects, by the law now in force defining the mode of laying out and establishing State roads, passed March 14th, 1831; and the expenses of laying out and establishing said road shall be paid in the manner pointed out in said act. Sec. 3. That should either of the commissioners 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. C. ANTHONY, Speaker of the House of Representatives. March 9, 1838. Speaker of the Senate. AN ACT To amend the act to incorporate the First Congregational or Presbyterian Church and Society of Granville, in the couuty of Licking. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the board of trustees of the First Congregational or Presbyterian Church of Granville shall consist of nine, to be elected at their next annual election, the term of which shall expire annually, and the vacancy shall be filled at their next annual election; and the said board may fill all vacancies that may happen between their annual meetings; a majority of said board of trustees shall constitute a quorum for the transaction of business. Sec. 2. That so much of the act incorporating said church, passed February 14th, 1833, as is contrary to the provisions of this act, be, and the same is hereby repealed. C. ANTHONY, Speaker of the House of Representatives. March 9, 1838 Speaker of the Senate. AN ACT To incorporate the town of Milford, in the county of Union. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the township of Union, in the county of Union, as is comprised within the following boundaries, viz: commencing at the northeast part of the town of Milford, in said township, at the junction of a small run with Darby creek, and near the present location of a potash factory; thence south sixty poles; thence in a westerly direction so as to include all the out-lots in said town of Milford as far west as the town lots extend; thence north to the mill-race in the borders of said town of Milford; thence with the meanders of said mill race, eastwardly, to the junction of said run with Darby creek; thence with the meanders of said creek to the beginning, shall be, and the same is hereby created a town corporate, and shall be known and designated by the name of the "Town of Milford." Sec. 2. That it shall be lawful for the white inhabitants of the town residing within the limits thereof, having the qualifications of electors of the General Assembly, to meet at some convenient place in said town on the first Monday in May next, and on the first Monday in May, annually, thereafter, and then and there proceed to elect, by ballot, one mayor, one recorder, and five trustees, who shall be householders; and the persons so elected shall hold their offices one year, and until their successors are elected and qualified; and they shall constitute a town council. Sec. 3. That at the first election to be holden under this act, two judges and a clerk shall be chosen viva voce, by the voters present, who shall take an oath or affirmation faithfully to discharge the duties required of them by this act; and at all subsequent elections, the mayor and trustees, or any two of them, shall be judges, and the recorder clerk of the election; and at all elections, the polls shall be opened between the hours of ten and eleven, A. M., and close at three o'clock, P. M. of the same day; and at the close of the polls the votes shall be counted, and a true statement thereof proclaimed; and the clerk shall deliver to each person elected, or leave at his usual place of abode within three days from the day of election a written notice of his election; and the person so elected and notified shall, within ten days after said election, take an oath or affirmation to support the constitution of the United States and the State of Ohio, and also an oath of office. Sec. 4. That the mayor, recorder, and trustees of said town shall be a body corporate and politic, with succession, to be known and distinguished by the name of "The Town Council of the town of Milford;" and shall be capable in law to acquire property, real and personal, for the use of said town, and sell and convey the same; may have a common seal, and alter the same at pleasure; may sue and be sued, plead and be impleaded, answer and be answered unto in any court of law or equity in this State; and when any suit shall be commenced against said corporation, the first process shall be a summons, an attested copy of which shall be left with the recorder at least eight days before the return thereof. Sec. 5. That the mayor, recorder, and trustees, or a majority of them, of whom the mayor or recorder shall always be one, shall have 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 for the regulation, health, cleanliness, and convenience of said town of Milford; and they shall have power to fill all vacancies occasioned by death, resignation, removal or otherwise; to appoint a treasurer, town marshal, and such other subordinate officers as they may deem necessary; to prescribe their general duties, and to require of them such security as they shall deem necessary to secure the faithful perfermance of their duties; to remove them at pleasure; to fix and establish the fees of the officers of said corporation: Provided, That no law or ordinance of said corporation shall ever subject horses, cattle, sheep, or hogs, owned by persons not residing in said town, to be taken up, sold, or abused for coming within the limits of said corporation, unless the same may be consid ered dangerous. Sec. 6. That the mayor shall be a conservator of the peace within the limits of said corporation, and shall have the jurisdiction of a justice of the peace therein, both in civil and criminal cases; and, in all respects, as a jus tice of the peace, he shall be governed by the laws defining the duties of justices of the peace; and shall be entitled to receive the same fee as jus tices of the peace are entitled to receive for similar services; he shall give bond and security, to be approved by the town council; he shall be au thorized to hear and determine all cases arising under the by-laws and ordinances of the corporation, and to issue such process as may be neces sary to carry into execution such laws and ordinances; and an appeal may be had, in all cases, from the decisions of the mayor to the court of common pleas of the county aforesaid, in the same manner that appeals are taken from the decisions of justices of the peace. Sec. 7. That it shall be the duty of the recorder to make out and keep a true record of the by-laws and ordinances made and ordained by the town council of said town, and all proceedings in their corporate capacity; which record shall at all times be kept 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 bylaws and ordinances of said corporation. Sec. 8. That the town council shall have power, annually, to levy a tax for corporation purposes on all property within the limits of said town, returned on the grand levy, 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 said tax to be levied being determined by said council; and it shall be the duty of the recorder to make out a duplicate thereof, charging 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; which duplicate shall be signed by the mayor and recorder and delivered to the marshal, who shall proceed to collect said tax in the same manner and under the same regulations as collectors of State and county tax; and the said marshal, immediately after collecting said tax, shall pay the same over to the treasurer of said corporation and take a receipt therefor; and the said marshal shall have the same power to sell real and personal estates as is given by law to the county treasurer; and, when necessary, the said recorder shall have power to make deeds for real estate so sold, in the same manner as county auditors are by law empowered to make deeds for real estate sold for taxes by the 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 centum on all moneys by him collected, to be paid by the treasurer on the order of the recorder; and the recorder shall have free access to the books in the office of the county auditor of the 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. Sec. 9. That said town council shall have full power to appropriate any moneys remaining in the treasury of said corporation, at any time, to the improvement of the streets and side-walks in said town; and, when they may deem it necessary, to make any contract therefor. Sec. 10. That said corporation shall be allowed to use the jail of said county, for the imprisonment 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 said county, as in other cases. Sec. 11. That the marshal shall be the principal ministerial officer of said town, and shall have the same powers that constables have by law, and his jurisdiction in criminal cases shall be co-extensive with the county of Union; and he shall execute the process of the mayor, and receive the same fees for his services that constables are allowed for similar services. C. ANTHONY,. Speaker of the House of Representatives. GEORGE J. SMITH, March 9, 1838. Speaker of the Senate, |