east line of High street to the north line of the aforesaid North street; thence eastwardly along the north line of said North street to Plain street; thence southwardly along the east line of said Plain street and Bethle hem road to a point in said road where a continuation of the south line of Tremont street will strike the same; thence westwardly, parallel with Main street, to the northeast corner of "Duncan's addition;" thence southwardly along the east line of said addition to the south line of South street; thence westwardly along said south line to a point where the south line of east fractional section eight, township ten, range nine crosses the same; thence westwardly along said section line to the east bank of the Tuscarawas river; thence northwardly with the meanderings of said river to the place of beginning.

Sec. 2. That for the government of said town there shall be elected a mayor, a recorder, and five trustees, who shall be a body corporate and politic, with perpetual succession, to be known by the name of the "Town Council of Massillon," a majority of whom, including the mayor or recor der, shall, in all cases, constitute a quorum; and they and their successors in office may use a common seal, and the same alter or change at pleas ure; may acquire any estate, real or personal, and manage and dispose of the same in such manner as a majority of them shall deem expedient; they shall also be capable of suing and being sued, pleading and being implead ed, answering and being answered in any suit or action, or 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, a certified copy of which shall be left with the recorder, and, in his absence, with the mayor, at least ten days previous to the return day thereof,

Sec. 3. That the qualified electors for members of the General Assem bly, who shall have been residents of said town six months previous to the day of election, shall meet at the Massillon Hotel in said town on the first Monday of May, eighteen hundred and thirty-eight, and on the first Monday of March annually thereafter, at such place as the town council may direct, between the hours of ten o'clock, A. M., and four o'clock, P. M., and then and there proceed to elect, by ballot, from the said qualified electors, the mayor, recorder, trustees, a treasurer, and marshal, who shal! hold their offices for one year, and until their soccessors are duly elected and qualified.

Sec. 4. That at the first election to be holden under this act, two judges and a clerk shall be chosen, viva voce, by the electors present; and at all subsequent elections, the town council, or any two of them, shall be judges, and the recorder clerk of the elections; the result of the elections to be publicly declared, and a record thereof made by the clerk, who shall also notify the persons elected within five days therefrom; and the persons so elected, before entering upon the duties of their respective offices, shall take the proper oath or affirmation of office and to support the constitution of the United States and of this State.

Sec. 5. That the town council shall make all such by-laws, not inconsistent with the constitution and laws of the United States and this State, as they may deem necessary for the interest and good government of said town, and the same to alter, change, or repeal at pleasure; audit and settle the accounts of the town, and draw and appropriate the money

that may at any time be in the treasury; and may adopt measures proper to secure the town against injuries by fire, and for this purpose, may or ganize one or more fire companies, and establish rules for the same; may open streets or alleys, or alter those already opened, under the liability to pay a fair compensation to the person or persons, if any there be, aggrieved thereby; may fill all vacancies occuring in any of the offices herein named; and may appoint such officers as they may find necessary, to prescribe their duties, and fees, and take security for the faithful performance of their respective duties; and do all things which corporations of a similar nature can do to secure the peace, health, and good order of said town.

Sec. 6. That the town council shall have power to levy and collect a tax annually, for town and corporation purposes, not exceeding eight mills on the dollar, on all property in said town subject to taxation for State and county purposes, as the same may be found valued on the books of the auditor of the county of Stark for the current year; and they shall have power, also, when it is deemed necessary, for the opening or repairing any street in said town, to levy and collect a tax not exceeding five mills on the dollar on the value of any lot, or any part thereof, with improvements thereon, on said street, not otherwise subject to taxation; the value of the same to be assessed by the marshal, who shall make return of the valuation so made to the recorder, on or before the first Monday of June, of the year in which said levy shall be made; and the town council shall meet on the second Tuesday of June annually, and determine all complaints that may be made respecting said valuation, and equalize the same as nearly as possible; and at the s me meeting, they shall fix upon and determine the amount of taxes to be raised for the current year.

Sec. 7. That it shall be the duty of the recorder of said corporation to make duplicates of taxes assessed agreeably to this act, which duplicates shall be certified by the mayor and recorder; and one of said duplicates shall be delivered to the marshal, whose duty it shall be to collect said tax, in the same manner and under the same regulations as the collector of State and county tax is required to collect State and county taxes; and the marshal shall, immediately after collecting said tax, pay the same over to the treasurer of said corporation, and take his receipt therefor; and the said marshal shall have the same power to sell both real and personal property as is given by law to county treasurers; and, when necessary, the recorder shall have power to make deeds for real estate so sold, and in the same manner that county auditors are by law empowered to do for lands sold by the county treasurer.

Sec. 8. That the town council shall have power to borrow money to any amount not exceeding twenty-five thousand dollars, at not more than seven per cent. interest, for the improvement of the streets, and for erecting a market house in said town.

Sec. 9. That the mayor shall keep the seal of the corporation; shall be a conservator of the peace within the limits of the town, and shall therein have all the powers and jurisdiction of a justice of the peace in civil cases, and in criminal matters his jurisdiction shall be co-extensive with the county; he may do and perform within said town all acts which a justice of the peace may do; he shall receive the same fees as justices of the peace are entitled to receive for similar services; he shall give bond, with

security; and appeals may be had from his decisions to the court of common pleas, in the same manner as appeals are taken from the judgments of justices of the peace; and he shall keep a docket; and, in all respects, be governed by the law allowing writs of certiorari as justices of the peace. Sec. 10. That the marshal shall be the principal ministerial officer of said town, and shall have the same powers as constables have by law, and his jurisdiction in criminal cases shall be co-extensive with the county of Stark; and he shall execute the process of the mayor, and receive the same fees for his services that constables are allowed for like services.

Sec. 11. That the corporation shall be entitled to use the jail of Stark county for the confinement or imprisonment of such persons as may be li able thereto under this act, or under the laws of said town council; and all persons so imprisoned shall be under the charge of the sheriff of said county.

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Sec. 12. That the mayor, or a majority of the councillors, may meeting of the town council whenever, in his or their opinion, the same may be necessary. That this act shall be received in all courts as a public act.

Sec. 13.

C. ANTHONY,

Speaker of the House of Representatives.
GEORGE J. SMITH,

March 15, 1838.

Speaker of the Senate.

AN ACT

To change the name of Paris to that of Plymouth, in the counties of Richland and Huron, and to incorporate said town.

Scc. 1. Be it enacted by the General Assembly of the State of Ohio, That the name of the town of Paris, in the counties of Richland and Huron, be, and the same is hereby changed to that of Plymouth; that nothing herein contained shall affect the titles or rights of any person or persons acquired under its former name; and that said town of Plymouth, together with all additions that may be hereafter laid out and recorded thereto, be and the same is hereby created a town corporate, and shall hereafter be known by the name of the town of Plymouth.

Sec. 2. That the qualified electors for members of the General Assembly, residing within the limits of said corporation, shall meet at some convenient place within the same on the first Saturday of May, eighteen hundred and thirty-eight, and on the first Saturday of April annually thereaf ter, at such place as the town council shall direct, and then and there proceed to elect, by ballot, a mayor, recorder, and five trustees, who shall have the qualifications of electors and reside within the limits of the cor poration; and the persons so elected shall hold their offices one year, and until their successors are elected and qualified.

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 electors present, who shall take an oath or affirmation faithfully to perform their respective du

ties as such; and at all subsequent elections, the mayor or any two trus tees may judge the election, and the recorder, or in case of his absence, a recorder pro tem., appointed by the council, shall be clerk; and at such elections, the polls shall be opened between the hours of twelve and one o'clock, and closed at four on said day; and at the close of the polls, the votes shall be counted, and the result proclaimed at the door of the house where the election may be held; and the persons elected shall, within ten days thereafter, take an oath or affirmation to support the constitution of the United States and of this State, and faithfully to discharge the duties of their respective offices agreeably to their best abilities, a certifi cate of which shall be deposited with the recorder, and by him preserved. Sec. 4. The mayor, recorder, and trustees of said town shall be a body politic and corporate, with perpetual succession, to be known and desig nated by the name of the "Town Council of Plymouth;" and shall be capable in law to acquire, receive, and hold any estate, real or personal, for the use and benefit of said town, and may sell and transfer the same; and may have a common seal, and alter the same at their discretion; may sue and be sued, plead and be impleaded, answer and be answered 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, or at his usual place of abode, at least ten days before the return day thereof.

Sec. 5. The mayor, recorder, and trustees, or a majority of them, whereof the mayor or recorder shall always be one, shall have power and authority to make, ordain, and publish all such by-laws and ordinances, not inconsistent with the constitution and laws of the United States and of this State, as they shall deem necessary and proper for the promotion of morality, as well as for the good regulation, interest, safety, health, cleanliness, and convenience of said town and the inhabitants thereof; they shall have power to fill all vacancies that may happen by death or otherwise in any of the different offices herein named; they shall also have power to appoint a treasurer, marshal, and such other subordinate officers as they may deem needful; to prescribe their duties; to require surety as they shall deem proper for their performance; to remove them at pleasure; to establish the fees of all officers in the corporation not established by this act; to impose such fines (not exceeding three dollars) as they may deem just for refusing to serve in any office in the corporation, or for neglect or misconduct therein: Provided, That no person shall be compelled to serve two years in succession in any one office in the corporation.

Sec. 6. The said council, or a majority of them as aforesaid, shall have power to regulate and improve all streets, alleys, and public grounds in said town; to regulate and improve the side-walks, drains, or sewers; to remove nuisances, and regulate markets; they shall have power to enforce obedience to the by-laws of the corporation by any reasonable fines or penalties, and cause the same to be collected and paid into the treasury; they shall have power to audit and settle all the accounts of the corporation, to appropriate and draw out of the treasury all moneys therein; they shall have power to regulate, to privilege or prohibit all shows and public exhibitions, at such rates as they may deem expedient.

Sec. 7.

The mayor shall be conservator of the peace within the lin

its of said corporation, and shall have all the powers of a justice of the peace in all cases under the laws of Ohio; shall give bond in like manner, be governed by the same laws, and shall receive the same fees as justices of the peace are authorized to receive for the like services; and from whose judgments and decisions appeals may be had to the court of common pleas of the county in which the defendant may reside, in the same manner as from justices of the peace.

Sec. 8. That all process issued by the mayor shall be directed to the marshal, who shall be the chief ministerial officer in said town, who shall have the same powers as constables have by law; and his jurisdiction in criminal cases, or in cases of violation of the by-laws of the corporation, shall be co-extensive with the counties of Richland and Huron; and shall be entitled to the same fees for his services as constables are in like cases. Sec. 9. It shall be the duty of the recorder to make and keep an accurate record of all laws made and ordained by the town council, and of all proceedings in their corporate capacity, which record shall be open to the electors of said town, or other persons interested therein; and the recor der shall preside at all meetings of the council in the absence of the may or; and shall perform such other duties as may be required of him by the by-laws of the corporation.

Sec. 10. The town council shall have power to assess on all property made liable to taxation for State and county purposes, any amount not exceeding, in any one year, five mills on each dollar of the value thereof, which value shall be ascertained by an assessor, to be appointed for that purpose by the council, which assessor and council, jointly, shall have power to equalize any injudicious assessment thus made, on complaint of the person or persons aggrieved.

Sec. 11. The marshal shall be collector of all taxes assessed by the council, a duplicate of which shall be made and signed by the recorder, and delivered to him for collection; he shall be authorized and required, by distress and sale of property, if need be, as constables are on execution, to collect and pay over said tax within three months of the time of receiving the duplicate thereof, and the treasurer's receipt shall be his voucher; he shall make personal demand of every resident charged with tax, and shall give notice to non-residents in three of the most public places in said corporation at least twenty days previous to making dis tress of property for said tax; and if the tax on any lot, part of lot, or piece of land shall remain unpaid for three months after such notice or demand, and no personal property found whereof to make the same, then the marshal shall give notice by at least three written or printed handbills, or some newspaper in general circulation in the county, stating the amount of such tax, the number or description of the plat or piece of land on which it is due, and that the same will be sold on a day named therein, not less than thirty days thereafter, to satisfy said tax unless payment be previously made; and if such tax shall remain unpaid on the day of sale, the marshal, after proclaiming the sale aloud, shall proceed to sell so much of said delinquent lot, or lots, or piece of land as will satisfy said tax and cost accruing, at public auction, taking the part so sold in such manner as to include the same width on the back as on the front part of the lot; and the said marshal is hereby authorized and required to make and execute te