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at the expense of the corporation, caused the ground to be graded and prepared for the pavement and curb stones to be placed; to borrow money for any specified corporate purpose, with the concurrence of two-thirds of all the members of the council, all questions therein being taken by yeas and nays and recorded on the journal of the council; to restrain and prohibit, whenever it shall be deemed expedient for the health, safety, convenience and cleanliness of the town, all animals from running at large in the streets, alleys, lanes, passages and commons and other public places in said town; to license porter, beer and ale houses, and to suspend or revoke the same on well founded complaint; to license the keeping of wharfboats along the Ohio river in front of said town, and regulate the same; and to establish and license ferries across the Ohio river in front of said town; to impose fines, forfeitures and penalties, on all persons offending against the laws, ordinances and regulations of said town, and provide for the prosecution, recovery and collection of the same.

Sec. 11. That the corporate officers elected under the provisions of this act, or appointed by the council, shall (unless legally removed) hold their respective offices for one year, and until their successors are elected or appointed and qualified; and if any person elected or appointed to an office, shall not within ten days after the service of the notice upon him, of his election, signify his acceptance of the same, and qualify, his place shall be deemed vacant; all persons elected or appointed to any office in said corporation, shall, before entering upon the duties of their offices, take an oath before the mayor or recorder to support the constitution of the United States and of this State, and faithfully to discharge the duties of their respective offices.

Sec. 12. That all laws, ordinances, by-laws, and regulations of the town council shall, before they take effect, be published in some newspaper printed in Gallipolis; but in case no newspaper is printed in said town, then they shall be posted up in three public places in said town.

Sec. 13. That during the month of May in each year, the assessors for said town shall list all the property within the limits of said town, subject to taxation by the laws of the State for State or county purposes, as it was on the first day of said month; and shall fix the fair value in cash to each of the lots in said town, together with the improvements thereon; and the value of the personalty shall be fixed by the State laws for the time being in force, fixing the value of property for taxation; which list and valuation said assessors shall return to the recorder of said town, on or before the first day of said month in each and every year; and if any person shall feel himself agrieved by said assessment, he may state the same to the council at their meeting on the first Monday in June, who are authorized to correct the same, if in their opinion the said assessment is unequal.

Sec. 14. That on the return of said list and assessment, the town council shall, on the first Monday of June in each and every year, fix the per centum to be levied as a tax on the value of the property in said list and assessment returned: Provided, It shall not exceed one per centum on the said valuation.

Sec. 15. That the recorder immediately thereafter, shall make a true copy of said list and valuation, and affix the tax levied upon each lot or

article of property opposite the same, and deliver a copy of the same on or before the first day of August, in each and every year, to the marshal of said town for collection.

Sec. 16. That the said marshal shall proceed and collect the taxes charged on said duplicate within three months from the time the same shall come into his hands; and the said marshal, after ten days' notice to any person charged with a tax on said duplicate and demand of the same, if it shall remain unpaid for that space of time, may proceed by distress and sale of personalty, to make the amount of said tax; at termination of said three months, said marshal shall return to the recorder a list of all lots upon which no personal property can be found to satisfy the tax levied on the same by distress, which list the recorder shall copy into the records of said council; and in case the taxes on the lots so returned, shall remain unpaid for one month from the date of such return, the marshal shall give notice by advertisement in some newspaper printed in said town, or in case no newspaper is printed in said town, then by posting up advertisements in five of the most public places in said town, stating the amount of said tax, the number of the lot or lots on which it is due, and the name of the person to whom taxed, at least one month before the day of sale; and said advertisement shall also state the time and place of sale; and if said tax shall not, before the expiration of said time, be paid with fifty per centum penalty, the marshal shall proceed and sell at public auction so much of said lot or lots as will pay the taxes upon the same, together with the above penalty, taking the part sold from the side of said lot or lots; the marshal shall immediately after such sale return to the recorder of the town a copy of said advertisement with the marshal's certificate, stating in what manner and how long said advertisement had been made, and also a list of the lots or parts of lots so sold, and to whom sold; which returns the recorder shall copy into the records of the council, and said records or a certified copy thereof, shall be prima facia evidence of the facts in the same stated; and the marshal shall execute deeds to the purchasers for the lots so sold.

Sec. 17 That the said town shall be allowed the use of the jail of Gallia county, for the confinement of such persons as may be convicted and sentenced to imprisonment under the ordinances thereof, and persons thus confined shall be under the charge of the sheriff of said county as in other cases: Provided, Said town shall pay the expenses of boarding said criminals.

Sec. 18. That if for any cause, the clection herein provided for, to be held on the first Monday of March in each and every year, shall not be held on said Monday, the same may be held at any subsequent day, upon due public notice being given by the mayor for the time being.

Sec. 19. That this act shall be taken and received in all courts, 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 and received as good evidence thereof, without any other or further proof.

Sec. 20. That the decision of the mayor may be moved to the court of common pleas of the county of Gallia, by appeal, or by certiorari, in the same manner as those of a justice of the peace.

Sec. 21. That the act to incorporate the town of Gallipolis, in the county of Gallia, passed February 17, A. D. 1808, and also an act entitled "An act to amend an act to incorporate the town of Gallipolis, in the county of Gallia," passed January 26, 1818; and also an act entitled "An act to amend an act to incorporate the town of Gallipolis," passed February 19, 1833; and also an act entitled "An act to amend an act to incorporate the town of Gallipolis, in the county of Gallia," passed February 20, 1834, be, and the same are hereby repealed: Provided, That all ordinances, laws, and regulations now in force shall be and continue in force, within the bounds of said corporation, until altered or repealed under the provisions of this act; and all rights, dues, claims or responsibilities of said town, shall continue unimpaired; and the town officers shall hold and exercise their respective offices until others are elected or appointed in their stead, in the same manner as if this law had never passed; and all fines, penalties, forfeitures incurred, and offences heretofore comitted, by any one against the ordinances or by-laws of said town, may and shall be prosecuted as though this act had never been passed.

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

January 20, 1838.

Speaker of the Senate.

AN ACT

To change the name of the town of Coolville, in Athens county, and to amend the act incorporating the same.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the name of the town of Coolville, in the township of Troy, in the county of Athens, be, and the same is hereby, changed to the name of "Hocking City;" and the mayor, recorder, and the trustees thereof, hereafter to be elected, shall constitute and be known as the "Town Council of Hocking City."

Sec. 2. That the corporate limits of Hocking city aforesaid, and the jurisdiction, powers and duties of the town council thereof, be, and the same are hereby, extended, for certain purposes herein specified and expressed, to the distance of a quarter of a mile in every direction, beyond the town plat of said town, as at present recorded.

Sec. 3. That the jurisdiction, powers and duties of said town council, beyond the recorded plat of said town as aforesaid, shall extend to, and embrace the suppression of groceries, and other nuisances and disorders of every kind and description, against which said town council may provide and ordain; and to the administration and enforcement of the laws of this State, of which the mayor, as a justice of the peace, may have cognizance: the qualified electors of members of the General Assembly who shall, at the time of any election for officers of said town council, have resided for the space of six months next preceding, within the extended limits as aforesaid of said corporation, shall be entitled to vote for officers of said town. council; but said town council shall not levy or assess any tax on persons

or property resident or situate without the present recorded plat of said town, nor shall said town council be bound to open or repair roads or highways without the limits of said recorded plat.

Sec. 4. That the marshal shall be the collector of all taxes assessed by the common council; and he is hereby authorized and required to collect and pay over the same to the treasurer, within three months from the time of receiving the duplicate thereof, taking the treasurer's receipt as his voucher, and he is hereby authorized and required, if necessary, to make distress and sale of property to effect such collection, the same as constables are required to do in cases of executions; the marshal shall make personal demand of every resident charged with a tax, and whenever it shall be necessary to take property, the marshal shall give ten day's notice by advertisement, in three of the most public places in the corpotion, or in a newspaper in general circulation in said town, before he shall make distress for the collection of any tax; and in case the tax on any lot, or part of a lot, or other property, remain unpaid three months, after the expiration of the time by this act allowed for the collection thereof, that the marshal shall give notice in some newspaper as aforesaid taken in said town, stating the amount of such tax, and the number of the lot or the property on which it is due; and that the same will be sold to discharge said tax, unless payment thereof be made within two months from the date of such advertisement; and if such tax be not paid within that time, he shall proceed, after giving thirty days' notice of the time and place of sale in some newspaper taken in said town as aforesaid, to sell, at public auction, so much of said lot, or part of a lot, or other property, as will discharge said tax and the accruing costs, taking the part sold in such form as will include the same distance on the back line of the lot, or part of a lot, as on the front; and the said marshal is hereby authorized and required to make, execute and deliver to the purchaser or purchasers, a deed in fee simple, conveying all the right, title and interest, which the owner or owners, had in and to the lot, or part of a lot, sold as aforesaid: Provided, That any such owner, or owners, who shall appear within two years after such sale, and pay the purchase money with interest, and twenty per centum penalty thereon, shall be entitled to redeem the same, and to receive a conveyance of such lot, or part of a lot, so sold, from the purchaser or purchasers, saving to infants and femme couverts, the right of redemption at any time within two years after such disability shall be removed.

Sec. 5. The existence of this act shall be sufficiently evidenced by the production of a copy hereof printed by order of the General Assembly; and all prosecutions, suits and process which may be pending before the mayor of said town of Coolville, at the taking effect of this act, shall be proceeded in and prosecuted to final judgment and execution as though this act had not been passed.

Sec. 6. This act shall take effect and be in force from and after the first day of April next.

January 20, 1838.

C. ANTHONY,

Speaker of the House of Representatives.

GEORGE J. SMITH,

Speaker of the Senate.

AN ACT

To amend an act entitled "An act to incorporate the Zanesville and Maysville Turnpike Road Company."

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That when twenty thousand dollars of the capital stock of the "Zanesville and Maysville turnpike road company," shall have been subscribed, it shall be the duty of the persons who may have received the subscriptions, or a majority of them, immediately to call a meeting of the stockholders at Chillicothe, in the county of Ross, by giving thirty days' notice thereof, in at least one of the newspapers of Zanesville, Somerset, Lancaster, Chillicothe, West Union and Maysville, respectively, for the purpose of electing nine directors, who shall be stockholders.

Sec. 2. The stock of said corporation shall be taken and deemed personal estate, and any stockholder may transfer stock in such manner as the by-laws of the corporation may direct.

Sec. 3. That so much of sections five and twelve of the "Act to incorporate the Zanesville and Maysville turnpike road company," as may be inconsistent with the provisions of this act, shall be, and hereby is repealed.

C. ANTHONY,
Speaker of the House of Representatives.
GEORGE J. SMITH,
Speaker of the Senate.

January 22, 1838.

AN ACT

To lay out and establish a State road from Greenville, in the county of Darke, northwardly to the Maumee canal line.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That William Wright, of the county of Darke, Justice Hamilton, of the county of Mercer, and William Priddy, of the county of Vanwert, be, and they are hereby appointed commissioners to lay out and establish a State road, commencing at the town of Greenville, in the county of Darke; thence running by the way of Montezuma, Salina and Mercer, in the county of Mercer; thence by way of Vanwert, the county seat of Vanwert county; thence due north, as near as practicable through the first located county seat of Paulding county; thence north to the Maumee river, at the town of Rochester, in the said county of Paulding.

Sec. 2. That in case either of said commissioners die, refuse to serve, or move out of his respective county, or by any other cause, such office of commissioner becomes vacant, such vacancy shall be filled by the county commissioners of the county where the vacancy may occur.

Sec. 3. That for the purpose of improving said road, John Beers, of the county of Darke, Asa Beacham, of the county of Mercer, John F. Dodds, of the county of Vanwert, and Christopher Schroaff, of the coun

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