AN ACT To amend the act entitled "An act to incorporate the Ohio Commercial and Manu facturing Company, passed March 4th, 1836. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the Ohio Commercial and Manufacturing Company, shall have until the fourth day of March eighteen hundred and forty-one, to commence, and five years thereafter to complete the canal and basins authorized to be constructed by said act; any thing in the act to which this is an amend ment, to the contrary notwithstanding. C. ANTHONY, March 16, 1838. AN ACT Speaker of the Senate. To amend an act entitled "An act to incorporate the town of Georgetown, in the county of Brown. Whereas, by the terms of the act incorporating the town of Georgetown, in the county of Brown, passed February 13th, 1832, so much of the county of Brown as is comprehended in the plat of the town of Georgetown, with such plats as had been, or might thereafter be recorded as additions thereto; and any tract or parcel of land lying between such original plat, and any of said additional plats, was erected into and constituted a town corporate, by the name of "Georgetown:" And whereas, also, the said town of Georgetown has been laid out into lots, by so many different persons and at so many different times, and the survey and records of said plats have been so loosely and imperfectly preserv. ed, that it is difficult to locate the streets and alleys of said town, or to define its corporate limits: Therefore, Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the mayor and common council of the said town of Georgetown, or any five of them, be, and they are hereby, authorized and empowered to select and appoint some skilful surveyor, to survey said town and establish the corners of the squares thereof, and to determine the true location of the streets and alleys of the same; and to have said survey, with the plat thereof committed to record, as defining the true extent of the corporation limits of the said town of Georgetown. Sec. 2. That said survey, when so made and recorded, shall be deemed, and taken in all courts as prima facia evidence of the boundaries of said town, and of the corners of the squares thereof, and of the true location of the streets and alleys of the same. March 16, 1838. L. L.-41. Ć. ANTHONY, Speaker of the House of Representatives. Speaker of the Senate. AN ACT To incorporate the town of Moorefield, in the county of Harrison. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the township of Moorefield, in the county of Harrison, as is comprised within the limits of the recorded town plat of the town of Moorefield, in said county, be, and the same is hereby created a town corporate, and shall hereafter be known and designated by the name of the town of Moorfield. Sec. 2. That for the good government of said town, it shall be lawful for the inhabitants who have resided in said town for the space of six months next preceding any election to be held under this act, having the qualifications of electors of members of the General Assembly, to meet at the usual place of holding elections in said town, on the first Saturday of May next, and on the first Saturday of May annually thereafter, and then and there proceed, by plurality of votes, to elect by ballot one mayor, one recorder, and five councilmen, who shall reside within the limits of said corporation, and shall hold their respective offices for one year, and until their successors are chosen and qualified; and such mayor, recorder and councilmen, being so elected and qualified, shall constitute the town council of said town, any five of whom shall constitute a quorum for the transaction of business pertaining to their duties. Sec. 3. That at the first election to be holden under this act, there shall be chosen viva voce, by the electors present, two judges and a clerk of said election, who shall take an oath or affirmation faithfully to discharge the duties required of him by this act; and at all subsequent elections, the councilmen or any two of them, shall be judges, and the recorder, or in case of his absence, some person to be appointed by the judges, shall be clerk; the polls shall be opened between the hours of ten and eleven o'clock in the forenoon, and close at four o'clock in the afternoon of said day; and at the close of the polls the votes shall be counted, and a true statement thereof proclaimed to the voters present, by one of the judges; and the clerk shall make a true record thereof, and within five days thereafter he shall give notice to the persons so elected of their election; and it shall be the duty of said town council, at least ten days before each and every election, to give notice of the same by setting up advertisements at three of the most public places in said town. Sec. 4. That the mayor, and in case of his absence, the recorder, shall preside at all meetings of the town council; and the recorder shall attend all meetings of the town council, and make a fair and accurate record of all their proceedings, laws, rules and ordinances, made or passed by the common council aforesaid; and the same shall at all times be open for the inspection of the electors of said town. Sec. 5. That the town council shall have power to fill all vacancies which may happen in said board from the householders who are qualified electors of said town, who shall hold their appointment until the next annual election, and until their successors are elected and qualified; and in the absence of the mayor and recorder from any meeting of the town council, the councilmen shall have power to appoint any two of their number to perform the duties of mayor and recorder, for the time being. Sec. 6. That the mayor, recorder and councilmen of said town shall be a body corporate and politic, with perpetual succession, to be known and distinguished by the name and style of the "Town of Moorefield;" and shall be capable in law, by their corporate name, to acquire property, real, personal and mixed, for the use of said town, and may sell and convey the same at pleasure; they may have a common seal, which they may break, alter or renew at pleasure; they may sue and be sued, plead and be impleaded, defend and be defended, in all manner of actions, and in all courts of law or equity; and when any suit shall be commenced against said corporation, the first process shall be by summons, an attested copy of which shall be left with the recorder, or at his usual place of residence, at least five days previous to the return day thereof. Sec. 7. That each member of said town council, before entering upon the duties of his office, shall take an oath or affirmation to support the constitution of the United States and the Constitution of this State, and also an oath of office. Sec. 8. That the said town council shall have power to ordain and establish by-laws, rules and regulations for the government of said town, and the same to alter, repeal or amend at pleasure; to provide in such by-laws, for the appointment or election of a treasurer, town marshal and all the subordinate officers which they may think necessary for the good government and well being of said town; to prescribe their duties, and determine the period of their appointment, and the fees they shall be entitled to receive for their services, and to require of them to take an oath or affirmation of office previous to their entering upon the duties of their respective offices; and may further require of them a bond with security, conditioned for the faithful performance of their respective offices as an officer of said corporation; the town council shall also have power to fix to the violation of the by-laws and ordinances of the corporation, such reasonable fines and penalties as they may deem proper, to enforce obedience to the same, and to provide for the disposition and appropriation of said fines and penalties: Provided, That such by-laws and ordinances be not inconsistent with the Constitution and laws of the United States and of this State: And provided also, That no by-laws or ordinance of said corporation shall take effect, or be in force, until the same shall have been posted up at least ten days in one of the most public places within said town, unless it be a case of emergency, in which case they shall be in force from and after the passage thereof. Sec. 9. That the town council shall, at the expiration of each and every year, cause to be made out and posted up as aforesaid, the receipts and expenditures of the preceding year. Sec. 10. That the town council shall have power to regulate and improve the streets and alleys, and determine the width of the side-walks in said town; they shall have power to remove all nuisances and obstructions from the streets and commons of said town, and to do all things which similar corporations have power to do; to provide for and secure cleanliness and good order in said town. Sec. 11. That for the purpose of more effectually enabling the town council to carry into effect the provisions of this act, they are hereby authorized and empowered to levy a tax on all the real estate and personal property subject to taxation within the bounds of said corporation, as the same has been, or shall be appraised and returned on the grand levy of the State: Provided, That said tax shall not exceed, in any one year, one-half of one per centum on the aggregate amount of all such taxable property within the limits of said corporation; and the town council shall, between the third Monday in May and the second Monday in July, determine the amount of tax to be assessed and collected for the current year. Sec. 12. That it shall be the duty of the recorder of said corporation to make out duplicates of taxes, charging each individual within said corporation of an amount of tax in proportion to the aggregate value of taxable property belonging to said individual, within the limits of said corporation, as the same appears from the auditor's books of Harrison county; and the recorder of said corporation shall, at all reasonable hours, have access to the county auditor's books, for the purpose of making out such duplicate, free of expense; and the duplicate, when made out, shall be certified by the mayor and recorder; and one of said duplicates shall be delivered to the marshal, or such other person as shall be appointed collector, whose duty it shall be to collect said tax, in the same manner, and under the same regulations as the collectors of State and county tax are required by law to collect State and county taxes; and the said marshal or collector, so appointed, 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 or other collector, shall have the same power to sell both real and personal property as is given by law to the county treasurer; and when necessary, the recorder shall have power to make deeds for real estate sold, in the same manner that county auditors are by law empowered to do, for lands sold by the county treasurer; and the marshal or other collector, shall receive for his fees such sum as the town council may direct, not exceeding six per centum on all moneys so by him collected, to be paid by the treasurer on the order of the recorder. Sec. 13. That for the more effectually preserving the peace and good order of said corporation, it shall not be lawful for the town coun cil to grant a license to any person to retail spirituous liquors, or to keep a house of entertainment; and the said town council is hereby authorized and empowered to pass such by-laws as to them may seem necessary, for the punishment of such as may, without authority, engage in keeping such house, or in retailing spirituous liquors, and to impose such fines as to them may seem necessary; and it shall be the duty of the mayor, upon information of the violation of such by-laws, to enquire into the same, and to issue his warrant to bring the offenders before him for hearing: Provided, That nothing herein contained shall be construed to give the said corporation any authority or jurisdiction over taverns licensed by the court of common pleas of Harrison county: Provided, moreover, That the mayor and common council shall have exclusive power to license or prohibit shows or exhibitions, and may regulate the same as they shall deem proper; and they shall also have power to establish and regulate markets in said town. Sec. 14. That the said town council shall have full power to appropriate any money remaining in the corporation treasury, to the improvement of the streets, alleys and side-walks of said town, when they may deem it necessary so to do; and to make all other improvements of a public nature, which may conduce to the convenience and prosperity of the inhabitants of said town. Sec. 15. That the mayor of said corporation shall be conservator of the peace throughout said town, and shall have, within the same, all the powers and jurisdiction of a justice of the peace, in all matters, civil and criminal, arising under the laws of this State, to all intents and purposes whatever; and the said mayor shall perform all the duties required of him. by the by-laws and ordinances of said corporation; and appeals may be taken from the decisions of said mayor, in all cases where appeals are allowed from the decisions of justices of the peace, and in the same man ner. Sec. 16. That the marshal shall be the principal ministerial officer of said town, and shall have the same power as constables have by law, and his jurisdiction in criminal cases shall be co-extensive with the county of Harrison, and he shall execute the process of the mayor, and receive the same fees for his services that constables are allowed in similar cases, for like services. Sec. 17. That the mayor shall receive the same fees that justices of the peace are, or may be entitled to in like cases; and the recorder such fees for his services as the by-laws and ordinances of such corporation shall prescribe. Sec. 18. That if no election shall be held by the electors of said town on the first Saturday of May next, it shall be lawful for any ten householders of said town, at any time thereafter, to call a meeting of the electors, by giving eight days notice in three of the most public places therein; which notice shall state the time, place and object of the meeting, and shall be signed by the said householders; and if a majority of the electors of said town shall attend at the time and place mentioned in said notice, it shall be lawful for them to proceed to the election of officers in the same manner as though the meeting had taken place on the first Saturday of May; and the officers so elected shall hold their offices till the first Saturday of May following, and until their successors are duly elected and qualified. Sec. 19. That said corporation shall be allowed the use of the jail of Harrison county, for the imprisonment of such persons as may be liable to imprisonment under the laws and ordinances of said corporation; and all persons so imprisoned shall be under the charge of the jailor of Harrison county. Sec. 20. That this act shall be received in all courts as a public act. Sec. 21. That the Legislature shall have power, at any time hereaf ter, to alter, amend or repeal this act, not thereby affecting, however, the rights of any individual, acquired under this act; and in the distribution of the laws of this State, the corporation hereby created, and shall be entitled to one copy of the general, and one copy of the local laws, annually. March 16, 1838. C. ANTHONY, Speaker of the House of Representatives. GEORGE J. SMITH, |