range eleven; and that so much of said act as is inconsistent with the provisions of this act, be, and the same is hereby, repealed. C. ANTHONY, Speaker of the House of Representatives. January 18, 1838. Speaker of the Senate. AN ACT To lay out and establish a State road in the counties of Mercer and Vanwert. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Lewis Culver, of the county of Vanwert, and Elisha Noble and Thomas Hussy, of the county of Mercer, be, and they are hereby, appointed commissioners to lay out and establish a State road from the town of St. Mary's, in Mercer county, to the south east corner of section thirty, in township four, south, and range four, east, in said county; thence to Vanwert, the county seat of Vanwert county. Sec. 2. That should such office of commissioner become vacant, such vacancy shall be filled by the county commissioners of the county wherein such vacancy may occur. Sec. 3. That the commissioners appointed by 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. C. ANTHONY, January 18, 1838. AN ACT To lay out and establish a graded State road in the Counties of Stark and Wayne. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Thomas McCullough, Gilbertharp Earl and Lot Goodspeed, of the county of Stark, are hereby appointed Commissioners to lay out and establish a graded State road, commencing at the town of Massillon, in the county of Stark, and thence over the most suitable ground, to Doylestown, in the county of Wayne; said road in no case to exceed an angle of five degrees with the horizon. Sec. 2. That should either of the Commissioners named in the first section of this act, die, refuse to serve, or remove out of the county, the Commissioners of said county are hereby authorized to fill such vacancy. Sec. 3. That the Commissioners as aforesaid, shall, in all respects, be goverened by the law in force defining the mode of laying out and establishing State roads. C. ANTHONY, Speaker of the House of Representatives. Speaker of the Senate. January 18, 1838. AN ACT To incorporate the Federal Creek Toll Bridge Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Charles Beebe, Elmer Rowel, Parker Carpenter, Levi Stewart, Peter Beebe, and Jacob Mintun, and their associates, be, and they are hereby created a body corporate and politic, by the name and style of "the Federal Creek Toll Bridge Company," and as such, shall remain and have perpetuual succession; and by their corporate name, may contract and be contracted with, sue and be sued, answer and be answered, plead and be impleaded, defend and be defended, in any court having competent jurisdiction. Sec. 2. That the said corporation be, and they are hereby authorized to erect a bridge across Federal Creek in Athens county, where the State road from Athens to the mouth of Big Hocking crosses said creek. Sec. 3. That if the said company shall erect and complete said bridge in a substantial manner, of proper width, and being in other respects of sufficient strength and dimensions to admit of the safe passage of passengers, also of teams and carriages of the usual dimensions, within three years from the passage of this act, they shall, from the time of completing said bridge, enjoy all the privileges secured to them by this act. Sec. 4. That after the completion of said bridge as aforesaid, the proprietors thereof are hereby authorized to receive, from passengers who may cross said bridge, the following rates of toll, to wit: For each foot passenger, two cents; For each horse and rider, four cents; For each horse, mule or ass, one year old, two cents; For each wagon or cart, drawn by two horses or oxen, eight cents; for each horse in addition, two cents; For each carriage, wagon or cart, drawn by one horse, six and onefourth cents; for each horse in addition, two cents; For each sleigh or sled, drawn by one yoke of oxen, ten cents; for each yoke of oxen in addition, four cents; For each stage or other pleasure carriage, drawn by four horses (and driver,) twelve and one half cents; the same drawn by two horses, six and one-fourth cents; For each loaded wagon, drawn by four horses, twelve and one-half cents; empty, six and one-fourth cents; each horse in addition, two cents; L. L.-4. For each head of neat cattle, one year old and upwards, one cent; Provided, That all persons going to, or returning from public worship, funeral processions, and all persons necessarily going to, or returning from, all military trainings and schools, shall pass said bridge exempt from toll. Sec. 5. That the proprietors of said bridge shall, previous to receiving any toll, set up and keep in some conspicuous place over or near the gate to be erected on said bridge, a board, on which shall be painted or printed, in a plain and legible manner, the rates of toll allowed by this act. Sec. 6. That if the proprietors of said bridge shall demand or receive any higher rates of toll than is by this act allowed, they shall be subject to the like fines and penalties which are or may be provided in case of ferries; and in ten years after the completion of said bridge, it shall be in the power of every Legislature to make such alteration in the rates of toll herein established, as to them shall appear, from time to time equitable and right. Sec. 7. That the said company shall have power to adopt such bylaws, rules and regulations for the government of the same, as they may deem expedient, not inconsistent with the constitution and laws of the United States, and of this State. C. ANTHONY, January 18, 1838. AN ACT Speaker of the Senate. To amend the act entitled "An act to incorporate the town of Gallipolis in the county of Gallia," passed February 17th, 1808, and the several acts amendatory to the same. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the township of Gallipolis, in the county of Gallia, as is comprised in the plan of said town of Gallipolis, now on record in the county of Gallia, shall be, and is hereby constituted a town corporate, by the name and style of the "Town of Gallipolis;" and by that name shall be capable of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered unto, in all courts and places, and in all matters whatsoever; with power of acquiring, receiving, holding, occupying and conveying property, real, personal and mixed, and of having and using a corporate seal, and of breaking and changing the same at pleasure. Sec. 2. That the government of said town, and the exercise of its corporate powers, and the management of its fiscal, prudential and municipal concerns, shall be vested in a mayor and five trustees, who together shall constitute the town council, with authority to act as hereinafter provided. Sec. 3. That said town shall compose but one ward, until the town council shall see fit to increase the number of wards to two, which the council are hereby ordered to do, when it shall deem it for the interest of said town. Sec. 4. That elections shall be held in said town annually on the first Monday of March, between the hours of one and four P. M., for the choice of a mayor, recorder, five trustees and a marshal, to be conducted in the same manner as township elections, the town council being judges of the same while said town remains one ward; public notice of the hour and place of holding said election shall be given at least ten days before said election, in such mode as the council shall prescribe. Sec. 5. That whenever said council shall have divided said town into two wards the election shall be held in each ward; and three trustees shall be elected from each ward, which trustees shall be judges of elections in their respective wards, with authority to appoint clerks of the election; and the judges of said ward elections, shall return the respective poll books thereof without delay, to the recorder, who shall enter the result of said election on the records of said corporation; and within two days after receiving them notify, in writing, the several persons chosen of their elections, which notice shall be served by the marshal. Sec. 6. That the inhabitants of said town, qualified to vote for representatives under the State laws, and who shall have resided one year in said town next preceding any election, shall be voters in their respective wards. Sec. 7. The mayor and trustees shall be householders, and have the qualification of electors; and the trustees shall be residents in their respective wards. Sec. 8. The mayor shall preside in the town council but shall not be entitled to a vote, unless the trustees are equally divided; he shall have exclusive judicial cognizance of all cases and matters arising under the ordinances of said town, and in criminal cases he shall be vested with powers co-equal with justices of the peace, within and for the county of Gallia; and he shall have power to exercise the same jurisdiction in civil cases as justices of the peace, within the limits of said town, and be entitled to receive like fees for his services as justices of the peace: the marshal shall be the ministerial officer of the town, vested with the powers, and subject to the liabilities and duties of a constable, under the laws of the State; he shall also be collector of the taxes raised in said town; and the mayor and marshal shall each give bond with security to the town, to the satisfaction of the trustees, for the faithful discharge of the duties of their respective offices. Sec. 9. That the recorder shall be clerk of the council, shall keep a fair record of all their proceedings, and all ordinances, laws, regulations and by-laws, by them enacted; all of which shall be open to the inspection of all persons interested: in the absence or inability of the mayor, the recorder shall preside at the meetings of the council, and shall perform the judicial duties of that office, and shall render a correct account of such judicial proceedings to the mayor, when he resumes his office; he shall, until the town is divided into two wards, be clerk of all elections, and keep a record of the same, and within two days after any election or appointment, shall notify the persons elected of the same. Sec. 10. That the town oouncil shall judge of the legality of the election of its members and the other officers elected by the voters, and shall supply any vacancy that may happen in their board, to continue until the next annual election; and shall annually appoint the assessors, one treasurer, and such other officers as shall be deemed expedient, and prescribe their duties and obligations, and the same remove for misconduct, or inability to perform their duties: the council shall have power to make, ordain and publish such ordinances, by-laws and regulations, not repugnant to the constitution and laws of the United States and of this State, as they shall deem necessary to the health, safety, cleanliness, convenience, morals and good government of said town, and the inhabitants thereof; to elect a chairman in the absence of the mayor and recorder; and a recorder pro tempore in the absence of that officer; to construct or authorize the construction of wharves and landings, levees and dykes, and to regulate the landings of vessels, boats, rafts and other water crafts, along the bank of the Ohio river, in front of said town; to fix and collect or authorize the collection of wharfage at wharves or landings, so by said town constructed or authorized to be constructed, and kept in repair; of all vessels, boats, rafts or other water crafts, landing at the same; to appoint wharf masters or masters to take care of said wharves and landings, and collect said wharfages, so as aforesaid assessed; to establish and regulate fire companies; annually to levy and collect taxes, in manner hereinafter prescribed, not exceeding in any one year, one per centum on all town lots and the improvements thereon; and on all articles within the corporation, which are, or may be subject to State or county tax; and a tax not exceeding one dollar per head on all dogs owned or kept within the corporation; to build market houses and regulate markets; to regulate the place and manner of weighing hay and other articles; of measuring wood, coal, and other kind of fuel, and to appoint a weigh-master to do the same; to license or prohibit shows, and other exhibitions; to regulate, improve and keep open, unobstructed and in repair, the river and creek banks, in and around said town; and the landings, commons, streets, alleys, lanes and passages, within the corporation; to close up or vacate unnecessary streets, alleys, lanes and passages, with the consent of the owners of the lots through or between whose lots said streets, alleys; lanes or passages may run; and, by the vote of two-thirds of the town council, and to open new ones, first making due compensation to the owners of the lots through which said streets, alleys, lanes or passages may run, for any injury by such owner sustained; which compensation shall be assessed by three disinterested citizens of said town, to be appointed on application of any owner of such lot or lots, by the council; which citizens so appointed shall, on actual view, assess the injury sustained by such owner or owners, by reason of the laying out of any such street, lane, alley or passage, and return their assessment in writing under their hands, to the council; and the council shall pay said assessment if it deems it reasonable, and the applicant, if dissatisfied with the said assessment and decision of the council on the same, may appeal to the court of common pleas at its next term, who are authorized to re-hear the same; to grade and pave the streets, alleys and passages, and make side-walks; to cause owners of lots to make pavements for side-walks in front thereof, whenever the council shall have, |