lawful exercise of his jurisdiction, agreeably to the usages and principles of law: Provided, That in all cases brought before said mayor for violations of the ordinances of said city, and where said mayor shall adjudge the defendant or defendants to pay a fine, the defendant or defendants shall have the right of appealing from the said judgment to the court of common pleas of Ross county, upon giving bond, in double the amount of said judgment and costs, and with such security as shall be approved of by said mayor, within ten days from the rendition of said judgment, which bond shall be conditioned to pay and discharge the judgment and costs, which may be recovered against him, her, or them in the said court of common pleas, which appeal, when perfected, by giving bond as aforesaid, shall entitle the party appealing to the same rights and privileges, subject to the same conditions, restrictions, and limitations, as by the laws of this State pertain to parties appealing from the judgments of justices of the peace to the court of common pleas; and the said causes, so appealed, shall be prosecuted in the said court of common pleas by indictment and trial by jury, in the same manner as offences against the laws of the State are prosecuted, and it shall be sufficient to set forth in the indictment, the offence in the words of the ordinance said to be violated, and to refer to said ordinance by title only, without reciting such ordinance, and by concluding the said indictment, "against the peace and dignity of the State of Ohio;" and the said court of common pleas of Ross county is hereby authorized, empowered, and directed to take cognizance of, and hear and determine, all such cases as shall be brought before them by appeal as aforesaid, and assess such fine and pass such judgment against such defendant or defendants as shall be prescribed by the ordinances of the city: and it shall be lawful for him to order any person brought before hito, charged with the commission of any criminal offence, in any State or Territory of the United States, upon proof, by him adjudged sufficient, to direct such accused person to be defivered to some suitable person or persons, to be conveyed to the proper jurisdiction for trial.

Sec. 5. That the qualified electors in each of the wards in said city shall, on the second Monday in the month of April next, elect by ballot two members of the said city council in each ward, who shall have resided in the city three years previous to the time of holding such election, and shall have been freeholders or householders therein one year next preceding such election, and shall be residents of, and freeholders or householders within the ward in which they shall be elected, at the time of holding such election; and the members of council so elected, shall meet in the respective wards for which they shall have been elected within five days after said election, and determine, by lot, the time they shall serve, one to serve one year, and one to serve two years, so that one-half of the said city council shall be out every year, and at every annual election, which shall be on the second Monday in the month of April; in every year there shall be elected one member of said council in each ward, who shall continue in office two years, and until their successors shall be elected and qualified; and the members so elected shall, when assembled together and duly or ganized, constitute the city council, a majority of the whole number of whom shall be necessary to constitute a quorum for the transaction of bu siness; they shall be the judges of elections and qualifications of their own

members, and shall determine the rules of their proceedings, and keep a journal thereof, which shall be open to the inspection and examination of every citizen; and may compel the attendance of absent members, in such manner, and under such penalties, as they shall think fit to prescribe; they shall meet in the council chamber, or in some other convenient place in said city, on the third Monday in April, and, after having taken the oath of office before the mayor, or some other officer qualified to administer oaths, they shall elect, from their own body, a president, who shall preside in their meetings

Sec. 6. That the city council shall prescribe the place, and fix the times, of holding their meetings, not herein otherwise provided for, which at all times shall be open for the public; they shall appoint all collectors of taxes, city surveyors, clerk of the market, street commissioners, health of ficers, weighers of hay, measurers of wood and coal, wharfmasters, and all such other city officers, whose appointment or election is not herein otherwise provided for, as shall be necessary for the good government of said city, and the due exercise of its corporate powers, and which shall have been provided for by ordinance; and all city officers, whose term of service is not prescribed, and whose powers and duties are not defined in and by this act, shall perform such duties, exercise such powers, and continue in office for such term of time not exceeding one year, as shall be prescribed by ordinance.

Sec. 7. That the said city council shall have the custody, care, superintendence, management, and control of all the real and personal estate, and other corporate property belonging to the said city, and all the real and personal estate, money, funds, and revenues which, from time to time, may be owned by, or of right belong to, the said city, with full power to purchase, hold, possess, use, occupy, sell, and convey the same for the use and benefit of said city and the inhabitants thereof: Provided, That the city council shall not have power to sell any public landing, wharf or wharves, dock or docks, basin or basins, or any interest therein, or any part thereof, which now or hereafter may be used and kept for the accommodation and convenience of merchants, and others engaged in the trade and navigation of the said city; nor shall the said city council issue any printed notes or tickets, to be issued under their authority, or under the authority of said city, as a circulating medium of trade, or exchange, or in any way or manner, either directly or indirectly, engage in the business of banking.

Sec. 8. That the said city council shall have power, and it is hereby made their duty, to make and publish, from time to time, all such ordinances as shall be necessary to secure said city, and the inhabitants thereof, against injuries from fire, theives, robbers, burglars, and all other persons violating the public peace; for the suppression of riots, gambling, and indecent and disorderly conduct; for the punishment of all lewd and lascivious behavior in the streets and other public places of said city, and for the apprehension and punishment of all vagrant and idle persons; they shall have power, from time to time, to make and publish all such laws and ordinances as to them shall seem necessary to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of said city and the inhabitants thereof; to im

fines, forfeitures, and penalties on all persons offending against the pose laws and ordinances of said city, and provide for the prosecution, recovery. and collection thereof; and shall have full power to regulate, by ordinances, the keeping and sale of gunpowder within the city.

Sec. 9. That the said city council shall have power to establish a board of health for the said city, invest it with such powers, and impose upon it such duties, as shall be necessary to secure said city and the inhabitants thereof from the evils, distress, and calamities of contagious, malignant, and infectious diseases, provide for its proper organization, and the election or appointment of the necessary officers thereof, and make such bylaws, rules, and regulations for its government and support, as shall be required for enforcing the most prompt and efficient performance of its duties, and the lawful exercise of its powers; they shall have power, whenever the public peace of said city shall require it, to establish a city watch and organize the same, under the general superintendence of the city marshal, or other proper officer of the police, prescribe its duties and define its powers, in such manner as will effectually preserve the peace of said city, secure the inhabitants thereof from personal violence, and their property from fire, and unlawful depredators; they shall establish and organ ize all such fire companies, and provide them with the proper engines and other instruments, as shall be necessary to extinguish fires and preserve the property of the inhabitants of said city from conflagration, and provide such by-laws and regulations for the government of the same as they shall think fit and expedient, and each and every person who may belong to any such fire company shall, in time of peace, be exempted from the performance of military duty under the laws of this State; they shall select, establish, and regulate the markets, market places of said city for the sale of provisions, vegetables, and other articles necessary for the sus tenance, comfort, and convenience of said city and the inhabitants thereof; to assize and regulate the sale of bread; and they shall have power to establish and construct landing places, wharves, docks, and basins in said city, at or on any of the city property.

Sec. 10. That for the purpose of more effectually securing said city from the destructive ravages of fire, the said city council shall have power and authority, and for such purpose they are hereby empowered and authorized, on the application of three-fourths of the whole number of owners or proprietors of any square or fractional square in said city, to prohib it, in the most effectual manner, the erection of any building, or the addition to any building before erected, more than ten feet high, in any such square or fractional square, excepting the outer walls thereof shall be composed entirely of brick or stone and mortar, and to provide for the most prompt removal of any building, or addition to any building, which may be erected contrary to the true intent and meaning of this section.

Sec. 11. That the said city council shall have power, and it is hereby authorized and made their duty, to regulate, by good and wholesome laws and ordinances for that purpose, all taverns, ale and porter shops, and houses and places where spirituous liquors are sold by a less quantity than a quart, and all other houses of public entertainment within said city; all theatrical exhibitions and public shows, and all exhibitions, of whatever name or nature, to which admission is obtained on the payment of money or

any other reward; the sale of all horses and other domestic animals at public auction in said city; and impose reasonable fines and penalties for the violation of any such public laws and ordinances; and the said city council shall have full and exclusive powers to grant or refuse license to showmen, keepers and managers of theatrical exhibitions, and all other exhibitions for money or reward, auctioneers for the sale of horses and other domestic animals at public auction in said city; and in granting any such license it shall be lawful for said city council to exact, demand, and receive such sum or sums of money as they shall think fit and expedient, to annex thereto such reasonable terms and conditions in regard to time, place, and other circumstances, under which such license shall be acted on, and in their opinion the peace, quiet, and good order of society in said city may require; and for the violation of such reasonable terms and conditions as aforesaid, the mayor shall have power to revoke or suspend such license, whenever the good order and welfare of said city may require it, in such manner as shall be provided for by ordinance.

Sec. 12. That the said city council shall have power, and they are hereby authorized, to require and compel the abatement and removal of all nuisances within the limits of said city, under such regulations as shall be prescribed by ordinance; to cause all grounds therein, where water shall at any time become stagnant, to be raised, filled up, or drained, and to cause all putrid substances, whether vegetable or animal, to be removed; and to effect those objects, the said city council may, from time to time, give order to the proprietor or proprietors, or to his or her agent, and to the non-resident proprietors who have no agents therein, by a publication in one or more of the newspapers printed in said city for the period of six weeks, of all or any grounds, subject at any time to be covered with stagnant water, to fill up, raise, or drain such grounds at their own expense; and the said city council shall designate how high such grounds shall be filled and raised, or in what manner they shall be drained, and fix some reasonable time for filling up, raising, and draining the same; and if such proprietor or proprietors, or agents, shall refuse or neglect to fill up, raise, or drain such grounds in such manner, and within such time, as the said city council shall have designated and fixed, they shall cause the same to be done at the expense of the city, and assess the amount of the expense thereof on the lot or lots of ground so filled up, raised, or drained as aforesaid, and place the assessment so made as aforesaid in the hands of the city marshal, who shall proceed to collect the same by a sale of such lot or lots, if not otherwise paid, in the same manner, with the same powers, and under the same regulations; and shall make good and sufficient deeds thereof to the purchaser, subject to the same right of redemption by the proprietor or proprietors, their heirs or assigns, as the law prescribes, for the time, for the sale of lands for the non-payment of State and county taxes; but no penalty for the non-payment of any such taxes shall exceed twenty-five per cent. Sec. 13. That the said city council shall cause the streets, lanes, alleys, and commons of said city to be kept open and in repair, and free from all kinds of nuisances; but it shall be lawful for them to continue any building or erection now standing thereon, if, in their opinion, the interest and general health of said city will not be injured thereby; they shall have the exclusive power of appointing supervisors and other officers of streets

within the said city; they shall have the power, whenever the public convenience or safety shall require it, to prohibit hogs, cattle, horses, and other description of animals from running at large in the streets, lanes, alleys, commons and other public places in said city; they shall have power to license and regulate all carts, wagons, drays, and every description of two and four-wheeled carriages which may be kept in said city for hire, all livery stables, brokers and loan offices, and to provide for the inspection and appointment of inspectors of all articles of domestic growth, produce, or manufacture which may be brought to said city, or sold or purchased therein, for exportation, and not included in the inspection laws of the State.

Sec. 14. That, to defray the current expenses of said city, the said city council shall have power to levy and collect taxes on the real and personal property therein, as the same shall be appraised and returned by the city assessor: Provided, The amount of taxes levied as aforesaid shall not, in any one year, exceed one-fourth of one per centum on the aggregate value of taxable property in said city; they shall also have power whenever, in their opinion the interest of said city shall require it, to levy and collect taxes on dogs and other domestic animals, not included in the list of taxable property for State and county purposes, which said taxes shall be collected by the city marshal or collector, and paid into the city treasury, in the manner prescribed by law for the collection of taxes for State and county purposes; and they shall have power to levy and collect a special tax from the real estate of any section, square, or part of a square, or market place of said city, on the petition of the owner or owners of not less than two-thirds in value thereof, for opening, paving, re-paving, or im proving any street, lane, or alley bounding on or within the same, or for the purpose of lighting any section, street, lane, or alley bounding on or within the same: Provided, That for the purpose of lighting such section, street, lane, or alley, the owner or owners of not less than two-thirds of the real estate bounded on, or within the same, and both sides thereof, shall petition therefor, and for no other purposes whatever; the city council shall moreover have power, when two-thirds of the members elected shall deem it necessary, to assess a special tax for supplying said city, or any por tion thereof, with a night watch.

Sec. 15. That all moneys raised, recovered, received, or collected by means of any tax, license, penalty, fine, or forfeiture, or otherwise, under the authority of this act, or which may belong to said city, shall be paid into the city 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 and other persons intrusted with the disbursement 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 debts due and owing to, and from, the same; and said 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.