treasury, and shall not be drawn therefrom, except by order, or under the authority of the city council; and it shall be the duty of said city council to liquidate and settle all claims and demands against said city, and to require all officers, agents, or persons entrusted with the disbursements or expenditure of the public money, to account to them therefor, at such time, and in such manner as they may direct; and they shall annually publish, for the information of the citizens, a particular statement of the receipts and expenditures of all public money belonging to said city, and also of all the debts due, and owing to and from the same; and the city council shall have power to pass all such laws and ordinances as may be necessary and proper to carry into effect the powers herein and by this act granted.

Sec. 19. That every law or ordinance of said city, before it shall be of any force or validity, or in any manner binding on the inhabitants thereof or others, shall be agreed to and ordered to be engrossed for its final passage, by a majority of all the members of the city council, it shall then be reconsidered by the city council; and if, in its final passage, it shall be adopted by a majority of all the members, it shall become a law for said city; and all questions on the final passage of any law or ordinance, or the adoption of any resolutions, shall be taken by yeas and nays, and the names of the persons voting for or against the same, shall be entered in the journals of said council; and all the laws and ordinances passed and adopted as aforesaid, shall be signed by the president of the council and the city recorder, and immediately published in one or more of the newspapers published in said city or vicinity.

Sec. 20. That it shall be the duty of the city recorder, to make and keep a just and true record of all and every law and ordinance made and established by the city council, and all their proceedings in their corporate capacity, and the record so made shall at all times be open to the inspection of any elector of said city; and he shall perform such duties and exercise such powers as may be lawfully required of him by the ordinances of said city; and he shall preside over the meetings of the city council in the absence of the mayor and president, until otherwise directed by the city council.

Sec. 21. That the city treasurer shall give bond with security to the recorder, to be approved by the city council, before he enters on the duties of his office, conditioned for the faithful discharge thereof; he shall pay over all moneys by him received to the order of the mayor or president of the council, countersigned by the city recorder; but no money shall be drawn from the treasury but by appropriations made by the city council, and the treasurer shall, when required, submit his books and vouchers to their inspection; and he shall perform such duties and exercise such powers, as may be lawfully required of him by the ordinances of said city.

Sec. 22. That there shall be elected, annually, by the city council, a city marshal, who shall hold his office one year, and until his successor shall be elected and qualified, who shall perform such duties and exercise such powers not herein specified, as may be lawfully required of him by the ordinances of said city; and shall receive such fees and compensation as the said city council shall direct: the said marshal shall execute and return all writs and other processes directed to him by the mayor, or when necessary in criminal cases, or for violation of city ordinances, may serve the same in any part of Lucas county: it shall be his duty to suppress all riots,

disturbances, and breaches of the peace; to apprehend all rioters and disturbers of the public peace in said city; and all persons in the act of committing any indictable offence against the laws of this State, or ordinances of said city, or fleeing from justice after having committed any such of fence, and him, her or them, forthwith take into custody and bring before the mayor for examination; and in case of resistance, may call to his aid, and command the assistance of all bystanders and others in the vicinity; he shall have power to appoint one or more deputies, and at pleasure to dismiss or discharge them from office; and shall in all things be responsible for the correct and faithful discharge of their duties, and liable for all negligence, carelessness and misconduct in office, and positive violations of duty, which they or either of them may be guilty of, in the performance of the duties of their official stations.

Sec. 23. That the mayor, councilmen, marshal, treasurer, city recorder, and all other officers under the government of said city, shall, before entering on the duties of their respective offices, take an oath or affirmation to support the Constitution of the United States and of this State, and faithfully and impartially to perform the several duties of the office to which they may be respectively elected or appointed; and, when requir ed, shall give such bonds to said city, with good and sufficient security, in such sum or sums, and with such conditions thereto, as the city council may from time to time direct; and in all cases, not herein before provided for, shall respectively be allowed and receive such fees and compensation for their services, and be liable to such fines, penalties and forfeitures, for negligence, carelessness and misconduct in office, and positive violation. of duty, as the said city council shall by ordinance order and determine. Sec. 24. That in all elections for city officers, not otherwise provided for, it shall be the duty of the mayor to issue a proclamation to the qualified voters of said city, or to those of the respective wards, as the case may require, setting forth the time of said election, the place or places where the same shall be held, the officer or officers to be chosen, and cause such proclamation to be published in one or more newspapers printed in said city or vicinity, at least ten days previous to said clection; and every such election shall be opened between the hours of eight and ten o'clock in the forenoon, and continue open until four o'clock in the afternoon, and shall in all things be conducted agreeably to the laws regulating township elections for the time being; and it shall be the duty of the judges of such elections, in the several wards, within two days thereafter, to make and direct the return thereof to the mayor of the said city, at his office, in the same manner that election returns are required to be made to the clerk of the court of common pleas, by the act, entitled "An act to regulate elections:" Provided, That in all elections of mayor, the returns thereof shall be made and directed to the president of the city council; and the said mayor or president of the city council, as the case may be, shall, within five days after any such elections, open the returns, which have been made to him as aforesaid, and shall make an abstract of all the votes, and file the same with the city recorder, who shall make a record thereof, in a book to be kept by him for that purpose; and the person or persons having the highest number of votes shall be declared duly elected: but if from any cause the qualified voters of said city, or the respective wards, (as the case may be,) shall fail to effect any election at the time, and in the manner

herein provided, the mayor shall forthwith issue his proclamation, for the second or other election, which in all things, shall be notified, conducted, regulated, and the returns thereof made as in and by this act is prescribed, and the person or persons who shall be chosen at any such second or other election, shall hold his or their office, until the next stated period for the choice of a successor or successors; and it shall be the duty of the mayor or president of the city council, immediately to notify such person or persons as may be elected as aforesaid, of his or their election, by causing a written notice thereof to be served upon him or them, by the city marshal or his deputy; and every person so chosen or elected as aforesaid, shall within ten days after being so notified of his election, cause himself to be qualified to enter upon the duties of his office, and in default thereof, the office to which he shall have been elected, shall be deemed and considered in law to be vacant; and it shall be the duty of the city council to prescribe the times and manner, and provide the place or places of holding all elections in said city for city officers, and of making the returns thereof, not herein otherwise directed and prescribed.

Sec. 25. That each and every white male inhabitant, above the age of twenty-one years, having the qualifications of an elector for members of the General Assembly of the State of Ohio, and having a residence in said city one year next preceding an election for city officers, shall be deemed a qualified voter of said city, and shall be entitled to vote in the ward in which he resides, for mayor and members of the city council: Provided, That no person shall be capable of holding any office under the government of said city, who has not resided therein, or been an inhabitant thereof, at least one year next preceding his election or appointment. Sec. 26. That the city council, two-thirds of all the members concurring therein, shall have power to borrow money for the discharge and liquidation of any prospective as well as any existing debt of the city; and to pledge, for the payment of the interest, and the repayment of the principal, the property and the resources of the city, in such manner, and upon such terms and conditions as by an ordinance voted for by two thirds of the members elected as aforesaid, may be prescribed.

Sec. 27. That the said city council shall have power, on the petition of the owners of two thirds of the value of any square or section of said city, to lay out and establish a new street or streets, alley or alleys, through or across such square or section: Provided, Notice of the presenting of such petition be given by publication thereof in one or more newspapers published in said city or vicinity, for three weeks in succession, the last of which shall be at least sixty days before presenting said petition: And provided, also, That if any person shall claim damages in consequence of the laying out of any such new street or alley, and shall file notice thereof in writing in the office of the city recorder, within ten days after the order for laying out said street or alley shall have been made, the said city council shall cause the damages, if any, over and above the benefit to the property claimed to have been injured, to be assessed under oath by three disinterested, judicious freeholders of said city, to be appointed by said council for the purpose, which shall be paid within three months after the making of the said order by the persons petitioning for the laying out of such new street or alley, or in default thereof, the order laying out the said street or alley, shall be null and void.

Sec. 28. That the city council shall have power to levy a special tax to defray the expense of grading, paving, or otherwise improving any road, street, lane, alley, square, market place, or common, within said city, by a discriminating assessment upon the land and ground abounding and abutting on such road, street, alley, lane, market place, square, or common, or near thereto, in proportion to the benefit accruing to such land or ground; and the city council shall appoint a committee of three disinterested, judicious freeholders of said city, to estimate the cost of any such projected improvements, and to assess the expense on the land and ground as aforesaid; and the city council shall give notice in one or more of the newspapers published in said city or vicinity, for six consecutive weeks, of the improvements to be made, in order that any one damaged by reason of such improvements, may file his claim in writing in the office of the city recorder, within ten days after the expiration of the said six weeks' notice, and the said committee shall assess the damage, if any, of such claimants, and shall add the same to the cost of the improvement, as a part of the expense thereof, to be assessed as aforesaid; and the said committee, within twenty days after the time shall have expired for filing claims for damages, (unless for good cause the council shall grant them further time,) shall make returns to the office of the city auditor, setting forth the estimated cost of such projected improvement, including the damages awarded by them to the claimants, together with the names of such claimants and grounds of claim, with the amount awarded them, severally set oppo site their names, and also a brief description of the lands and grounds, upon which they shall be assessed at the expense of the improvement, with the names of the owners or persons liable to pay the assessment, respectively annexed, and the amount thereon assessed, set opposite their respective names; and if the name of the person owning or liable for the tax is unknown, the fact shall be stated by writing "unknown owners" in the place of the name; and the city council, if they order and direct the improvement to be made, shall direct the city auditor, whose duty it shall be to annex a duplicate of taxes so assessed, to the annual assessment roll, hereafter specified, and to deliver it, therewith, on or before the first Monday in July following, to the city marshal, to be by him collected, at the same time and in the same manner as the annual taxes; and the proceedings of said collector shall in all respects be the same as in the . collection of the annual taxes of said city, and he shall in like manner, pay the same into the city treasury; and in case of any tax being returned unpaid and delinquent, the proceedings shall in all respects be the same as in cases of delinquency in the payment of the annual taxes, with the addition of the like interest and penalty; and when the improvements so ordered shall be completed, each claimant shall be entitled to receive from the city treasury the amount of damages so, by the return of said committee, awarded him; and the city council shall cause the public streets, roads, lanes, alleys, and highways, and the the public square, and other public grounds, that now exist within the limits of said city, to be, by the surveyor of the county of Lucas, or some other competent surveyor, to be surveyed, described and permanently marked, and the plat thereof recorded by the city recorder, in a book to be provided for that purpose, in which book shall also be recorded, a plat of any new street which may hereafter be established by said council, under the provisions of this act;

and also of any change or alteration in any of the streets or highways of the city; and such survey and record shall be thereafter conclusive evidence of the position and limits of such street, lane, alley, highway, square or public ground; subject, however, to such alterations as may be made therein, agreeable to the provisions of this act.

Sec. 29. That the trustees of the township of Waynefield, shall appoint two suitable persons in each ward to be judges of the first election; also, two suitable persons to be clerks in each ward, and procure a suitable place in each ward for holding the election; and at every annual election thereafter, the city council shall appoint two of their members in each ward, who are not candidates for election, to be judges, and make such other arrangements, by ordinances, respecting said election, as shall be lawful and convenient for the citizens of the several wards.

Sec 30. That the city council shall have power to cut, excavate, open, establish, construct and maintain, at any place or places within said city, either on the city property or elsewhere, as the interests of the commerce and navigation of the city may require, all necessary channels, canals, slips and basins, making a reasonable compensation to such person or persons whose land may be taken and used for that purpose; and in order to make such compensation, as well as to defray the expense of cutting, excavating, opening, establishing, constructing and maintaining any such channels, canals, slips or basins, the said city council shall have power to levy a special tax, by a discriminating assessment upon the land or ground bounding and abutting on such channels, canals, slips or basins, in proportion to the benefit accruing therefrom to such land or ground; and the city council shall appoint a committee of three judicious, disinterested freeholders of said city, on oath, to estimate the damages to accrue to any person or persons, by reason of the taking and using of any land or lands aforesaid or otherwise, and the cost of any such projected improvement, and to assess the expense on the land and ground as aforesaid; and it shall be the duty of the city council to provide by ordinance for the correction and equalization of such assessment; and such further and in all respects the same, proceedings shall be had in relation to the giving of notice by the city council, the filing of claims for damages by reason of any such proposed improvements, the making of returns by said committee to the office of the city recorder, the collection of taxes so assessed, and the payment of damages to claimants, as are prescribed in the twenty-eighth section of this act; that in case of the absence or inability of the mayor of said city, the president of the city council shall exercise all the powers, and perform all the duties of the office of mayor, excepting so far as regards his jurisdiction in civil cases only: that the city council shall have power, whenever the office of any person elected by them under the provisions of this act, shall become vacant, to fill such vacancy; and the person chosen to fill such vacancy shall continue in office the remainder of the term of his predecessor; and whenever the office of any person elected by the qualified voters of said city, or any ward thereof, shall become vacant, the presiding officer of the city council, by direction thereof, shall issue an order for a special election to fill such vacancy; and the person elected in pursuance thereof, shall continue in office during the residue of the term of his predecessor.