Sec. 16. 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, on 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 resolution, shall be taken and decided by yeas and nays, and the names of the persons voting for and against the same shall be entered on 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 of said city. Sec. 17. 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 president, until otherwise directed by the city council. Sec. 18. 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 president of the city 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 the said city. Sec. 19. There shall be elected, annually, by the city council, a city marshal, who shall hold his office for one year, and until his successor 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 he shall receive such fees and compensation as the said city council shall direct; the said marshal shall execute and return all writs and other process directed to him by the mayor, or, when necessary, in criminal cases, or for violations of the city ordinances, may serve the same in any part of Ross county; it shall be his duty to suppress all riots, disturbances, and breaches of the peace, to apprehend all rioters and disorderly persons, and disturbers of the peace in said city, and all persons in the act of committing any indictable offence against the laws of this State, or the ordinances of said city, or fleeing from justice, after having committed any such offence, and him, her, or them to take forthwith 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 by-standers 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, L. L.--36. and positive violations of duty, which they or either of them may be guilty of in the performance of their official duties. Sec. 20. That the mayor, councilmen, marshal, treasurer, city recorder, and all other officers under the government of this 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 required, shall give such bond 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 hereinbefore 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, carlessness, misconduct in office, and positive violation of duty, as the said city council shall, by ordinance, order and determine. Sec. 21. That whenever the office of mayor, councilman, marshal, treasurer, city recorder, or other officer, and by this act specificd or provided for, shall become vacant by death, resignation, removal from the city, or otherwise, it shall be the duty of the city council, as soon as may be, to appoint some suitable person, having the requisite qualifications, to fill such vacancy; and the person so appointed, shall continue in office during the remainder of the term for which his predecessor was elected or ap pointed; and in case of sickness or temporary absence of the mayor, the city council shall appoint some suitable person to perform the duties of that office during such sickness or temporary absence, who shall be obeyed and respected accordingly: Provided, That no appointment shall be made by the city council, under this act, of any officer or agent of said city, or to fill any vacancy thereof, without the concurrent vote of a majority of all the members. Sec. 22. 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 such 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 two of the newspapers printed in said city, at least ten days before said election; 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 the president of the council, as the case may be, shall, within five days after any such election, open the returns which have been made to him as aforesaid; and shall make an abstract of 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 the said city or of 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 forth with issue his proclamation for a second or other election, which, in all things, shall be notified, conducted, regulated, and the returns thereof made, as in and by this act 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 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 time and manner, and provide the place and places of holding all elections in said city for city officers, and of making the returns thereof, not herein otherwise directed and prescribed. Sec. 23. That each and every white male inhabitant above the age of twenty-one years, having the qualification of an elector for members of the General Assembly of the State of Ohio, and having resided in said city one year next preceding any 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, and other officers herein provided for and specified: Provided, That no person shall be capable of holding any office under the government of said city, who has not resided therein, and been an inhabitant thereof, at least one year next preceding his election or appointment; And provided, also, That no person shall be eligible to the office of mayor, marshal, or treasurer of said city who shall not have resided in said city, and been an inhabitant thereof, three years next preceding his election or appointment. Sec. 24. That the said city council shall have power, on the petition of the owners of two-thirds in value of any square or section in said city, to lay out and so establish a new street or streets, alley or alleys, through or across such square or section: Provided, Notice of the presenting of such petition shall be given by publication thereof in at least two of the newspapers published in said city, for three weeks in succession, the last of which shall be at least sixty days before the 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 shail file notice thereof, in writing, in the office of the mayor within ten days after the order for laying out said street or alley shall have been made, the 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 that 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 for laying out the said street or alley shall be null and void. Sec. 25. 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 debt of the city, and to pledge, for the payment of the interest and the repayment of the principal, the property and resources of the city, in such manner, and upon such terms and conditions, as by ordinance voted for, by two-thirds of the members elected as aforesaid, may prescribe. Sec. 26. That the qualified electors of the said city shall, on the second Monday of April next, and in every succeeding year on the second Monday of the month of April, elect a city recorder, a treasurer, and an assessor, who shall have resided in said city at least three years next preceding their said election, and who shall be freeholders within the same at least one year previous to that time; and the said assessor shall have the like powers, and perform the same duties within the said city, as are by law prescribed for county assessors within the State of Ohio, except, whenever his powers and duties are otherwise directed and prescribed by any law or ordinance by the said city council duly enacted. Sec. 27. That the mayor and council, recorder, treasurer, town marshal, and all other officers of the town of Chillicothe now in office therein, shall remain and continue in their respective offices, and perform the seve ral duties thereof, under the provisions of this act, until the second Monday in April next, and until the mayor and council are elected and qualified; and laws, ordinances, and resolutions heretofore lawfully passed and adopted by the mayor and commonalty of the town of Chillicothe, shall be and remain, and continue in full force, until altered or repealed by the city council established by this act: Provided, That nothing in this act shall be so construed as to restrain or prevent the General Assembly from altering or amending the same whenever they shall deem it expedient. Sec. 28. That the mayor and council of the town of Chillicothe 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 for holding the elec tion; and at every annual election thereafter, the city council shall appoint two suitable persons in each ward, one of whom shall be a member of the city council and not a candidate for re-election, to be judges, and make such other arrangements, by ordinance, respecting said election as shall be lawful and convenient for the citizens of the several wards. Sec. 29. That the said city council shall have power, whenever the public good shall require it, to erect a city prison, and to regulate the po lice or internal government of the same; that said city prison may contain cells for solitary confinement, and such apartments as may be necessary for the safe keeping, accommodation, and employment of all such persons as may be confined therein; that the said city council shall have power to pass all such ordinances as may be necessary for the apprehension and punishment of all common street beggars, common prostitutes, and all persons disturbing the peace of said city, who, upon conviction thereof before the mayor, in such manner as the said city council shall prescribe, may be fined in any sum not exceeding one hundred dollars, or be confined in the cells, or kept at hard labor in said city prison, for any length of time not exceeding fifteen days; that any person convicted before the mayor, under the provisions of this act, of any offence which, by the laws of the State of Ohio, is punishable, in whole or in part, by confinement in the county jail. may be confined in the cells of the city prison for any time not exceeding that specified by the laws of this State for the punishment of such offence, or such person so convicted as aforesaid, may be kept at hard labor therein for the said term of confinement: And provided, also, That until such city prison shall be prepared for the reception of prisoners, the said city shall be allowed the use of the county jail of Ross county for the confinement of all such persons as may be convicted before the mayor, and who shall be liable to imprisonment under the laws of this State, or the ordinances of said city; and all persons so imprisoned, shall be under the charge of the sheriff of said county, who shall receive and discharge such persons in and from said jail, in such manner as shall be prescribed by the ordinances of said city, or otherwise by due course of law; and after the said city prison shall be erected and prepared for the reception of prisoners, the marshal of said city, in the control, government, and management thereof, shall have the same power and authority, and be subject to the same liabilities, as, by the laws of this State, now are, or hereafter may be, conferred and imposed upon the sheriffs of the several counties in the control, government, and management of the several county jails, and all such powers and duties as the city council may prescribe, to enforce any sentence of hard labor pronounced against any person by the said mayor. Sec. 30. That all moneys accruing from tavern licenses within said city shall, when collected, be paid by the county treasurer into the city treasury, and shall be appropriated and paid to the several school districts of said city, according to the number of children contained in each of said districts. Sec. 31. That this act shall be taken and received in all councils and by all judges, magistrates, and other public officers as a public act; and all printed copies of the same, which shall be printed by, or under the authority of the General Assembly, shall be admitted as good evidence thereof, without any other proof whatever; that the several acts passed to incorporate the town of Chillicothe, and the supplements thereto amendatory to the same, be, and the same are hereby repealed. C. ANTHONY, Speaker of the House of Representatives. March 14, 1838. Speaker of the Senate. AN ACT To incorporate the Vermillion and Ashland Turnpike Road Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Ebenezer Warner, S. A. Pelton, O. A. Leonard, Lewis Welles, Eli S. Barnum, Homer Johnson, Justin Sherman, Amiel B. Pierce, Smith Starr, George W. Curtis, of Huron county, Francis Graham, J. P. Rezner, Silas Robbins, Anthony M'Laughlin, William S. Granger, Jonas Stough, of Richland county, commissioners, and their associates, be, and they are hereby, |