cessors are chosen and qualified, and may fill all vacancies that may hap pen in their own body during the time for which they shall be elected; they shall have the general superintendence of all the common schools in said town, and from time to time, make such regulations for the government and instruction of the children therein, as to them shall appear proper and expedient; they shall appoint and employ the teachers and instructors for the same, visit each and every such school as often as once in every month; they shall cause a school to be kept in each district for the term of six months at least, within each and every year; they shall, between the first and twentieth days of October annually, cause an accurate census to be taken of all children residing in the several districts between the ages of four and twenty years, distinguishing between the number of males and females, (and omitting all married persons,) and shall return such census or enumeration, to the county auditor of Scioto county, in the time and manner prescribed for the returns to be made by township superintendents, by the "Act for the support and better regulation of common schools," and require the several teachers and instructors of such schools to keep a record of the names and ages of all persons by them respectively instructed, and the time each shall have attended said school, and return such record or a copy, to the board of trustees and visitors at the close of each and every current year; they shall certify to the president and common council the correctness of all accounts for expenses incurred in the support of said schools, and at the close of every current year they shall report to the president and common council the state and condition of the several common schools in said town, as well the fiscal as the other concerns in relation thereto, and a particular account of their administration thereof, and generally do and perform all other matters and things pertaining to the duties of their said office, or which may be necessary and proper to be done to promote the education and morals of the children instructed in said schools, or which may be required of them by the ordinances of said town, not inconsistent with the provisions of this act: Provided, That no person shall be employed as a teacher or instructor in any of said schools, until he or she shall have been first examined by the board of examiners and inspectors hereafter mentioned, and have received from said board a certificate of qualification as to his or her competency and moral character.

Sec. 18. That all moneys heretofore levied and collected or otherwise accruing, and apportioned and due to either of the school districts within the town of Portsmouth, for the use of common schools therein, and remaining on hand unexpended, whether the same may be in the hands of the county treasurer of Scioto county, the treasurer of Wayne township, or either of the district treasurers, shall be paid over to, and be held by the treasurer of the town of Portsmouth, and all moneys hereafter levied and collected in said town under this act, or by or under the law of the State for the support of common schools, as also all other moneys from whatever source arising, and appropriated by law for the support of common schools, and due to said town, shall be paid into the corporation treasury, which moneys shall be kept in said corporation treasury as a separate and distinct fund, and the same shall not be applied, under any pretence whatever, to any other use than that for which it is levied, collected and appropriated;

and a separate and particular account of the receipts and expenditures thereof shall be kept by the treasurer in a book to be provided for that purpose; and the said treasurer shall not be entitled to receive any per centage, premium or other compensation for receiving of, and paying out the same, and for keeping the accounts thereof.

Sec. 19. That it shall be the duty of the president and common council of said town to appoint five persons, residents and citizens of said town, of competent learning and abilities, as examiners and inspectors of the common schools therein, and of the qualifications of the teachers thereof; which examiners and inspectors shall constitute and be denominated "The Board of Examiners and Inspectors of Common Schools in the town of Portsmouth," who shall hold their office two years, and the vacancies. which may occur in said board shall be filled for the time being by said. president and common council; it shall be the duty of the said board of examiners and inspectors to examine the qualifications, competency, and moral character of all persons desirous of becoming teachers and instructors in said school, or any of them, two of whom can grant certificates thereof to such as in their opinion may be entitled to receive the same; they shall, from time to time, and as often as they may deem proper, strictly examine all said schools, the discipline and course of instruction in each, the conduct of the several instructors and teachers therein, and the progress of improvement by the pupils and students thereof, and shall make report of all their proceedings and of all matters pertaining to the duties of their said office as often as once in three months, to the president and common council, and also to the board of trustees and visitors, such alterations and improvements in the government, discipline and instruction of said schools, and in the administration of the affairs of the same, as in their opinion will more effectually advance the cause of education and good morals therein.

Sec. 20. That the president and common council shall fix by ordinance the commencement and termination of the current year of said common schools, and determine the times and duration of all vacations thereof, which shall be the same throughout the town; they shall provide for an annual examination of all said schools at the close of the current year by the mayor, the several boards of trustees and examiners, and such committees from their own body, as they shall appoint; and they are hereby authorized and empowered to appropriate, annually, from the funds of the corporation, a sum not exceeding one hundred dollars, to be expended in premiums to those scholars who may have made the greatest improvement and proficiency in learning in said schools, which premiums, either in suitable books or medals, shall be awarded and presented by the mayor and boards of trustees and examiners, but no premium or medal shall exceed the value of five dollars.

Sec. 21. That all school houses erected in any of the school districts heretofore laid off and established in the township of Wayne, in the county of Scioto, where the said districts shall have been wholly within the present corporate limits of the town of Portsmouth, together with the lots of ground on which the same may be situated, or such interest of estate therein as may have vested in said district or districts, shall be vested in and become the property of the town of Portsmouth, to all intents and purpo

L. L.-43.

ses whatsoever, to be used and applied for the benefit of common schools therein, in such manner as the president and common council shall determine; and the said president and common council may at their discretion, at any time previous to the erection of the school houses as provided for in this act, rent or lease, on such terms and conditions as they may think proper, in the several school districts of said town, convenient and suitable buildings for the use of common schools therein, to be occupied as such no longer than until the said school houses shall be erected and prepared for the reception of said schools.

Sec. 22. That the president and common council are hereby vested with the management and control of all lots of ground, laid off and set apart by the original proprietor of the town of Portsmouth for the use of schools therein, and may lease the same, or such parts thereof not already leased, as they may deem expedient, in such manner, on such terms, and subject to such restrictions, limitations and provisions as they shall prescribe: Provided, That the funds arising from the said lots of land, or parts thereof, so leased as aforesaid, or that may have been heretofore leased, shall be appropriated and applied to the use of common schools in said town, either for the erection of school houses or for the payment of teachers, and providing fuel for the same, and to no other purpose whatsoever, except so far as the same may have been appropriated by the fif teenth section of this act.

Sec. 23. That the said president and common council are hereby authorized and required to pass all such ordinances as may be necessary and proper to carry into effect the several provisions of this act; and they are also hereby authorized and required, to cause to be certified to the auditor of Scioto county, on or before the second Monday of June annually, the per centage by them levied upon all property in said town, valued or appraised, and liable and subject to taxation for State and county purposes, for corporation, school houses and school taxes; and the said county auditor is hereby authorized and required, to place the same on the duplicate of taxes for said county in the same manner as township taxes now by law are placed on such duplicate; which said corporation, school houses and school taxes shall be collected by the county treasurer of said county, and paid into the corporation treasury in the same manner, with the same power and restrictions, and under the same regulations, and in all things as to the sale of real and personal property therefor; he shall be authorized, and he is hereby required to act according to the provisions and requisitions of the law for the collection of taxes for State and county purposes: Provided, That the said county auditor shall be entitled to receive from said town the sum of twenty-five dollars annually, for his service under this section; and the said county treasurer shall be entitled to charge and receive the relative proportion of fees on all moneys by him collected and paid into the corporation treasury, of the taxes as aforesaid, that he is by law entitled to receive for collecting and paying over moneys collected for State and county purposes: And provided, also, That the same right of redemption shall remain as by law is, or shall be, provided in case of lands sold for

taxes.

Sec. 24. That said president and common council shall have power to establish and organize all such fire companies, and provide them with the

proper engines and other instruments as shall be necessary to extinguish fire and preserve the property of the inhabitants of said town from conflagration, and provide such by-laws and regulations for the government of the same, and for their conduct in relation to the property of the citizens in cases of fire, as they shall deem fit and expedient; and each and every person who may belong to any such fire company, shall be exempted from the performance of the two days labor required by the laws of the State upon the public roads and highways, and also be exempted from serving as grand or petit jurors; and the said president and common council shall also have power to change, alter and amend the names of the streets in said town now known to the town plat, as well as all streets which may hereafter be created: Provided, The said president and common council shall certify such change, alteration or amendment, under the corporate seal, to the recorder of Scioto county, for record, and forthwith give public notice thereof for two successive weeks, in a newspaper published in said town.

Sec. 25. The president and common council of said town shall be, and hereby are authorized to subscribe to the capital stock of any incorporated company authorized by the laws of the State to construct any turnpike road, canal, or other improvement, beginning or terminating within said town, and to borrow such sum or sums of money not exceeding one hundred thousand dollars, at a rate of interest not more than seven per cent. per annum, as may be necessary to pay the amount of such subscription, and to pledge and set apart such portion of the revenues, funds and property of said town for the payment of the interest and repayment of the principal of such loan or loans, as they may think proper: Provided, That before any such subscription or loan shall be made, the same shall be authorized and sanctioned by the inhabitants of said town, at a meeting to be held for that purpose, of which fifteen days previous notice shall be given in a newspaper printed in said town, and two thirds of the votes of the qualified voters then given, shall be in favor of such subscription and loan.

Sec. 26. That all road tax levied by or under any law of the State of Ohio, on property within the limits of the town of Portsmouth, shall be worked out under the direction of the street commissioner, or such other officer or agent as may be elected for that purpose, or appointed by the president and common council of said town, on the roads, streets, alleys, culverts or bridges within said town, or paid in money to the county treasurer as in other cases, and by him be paid over to the treasurer of said town, to be expended under the direction of the president and common council, their agent or agents, in the improvement of the streets, alleys, culverts and bridges within said town: Provided, The said president and common council may appropriate such portion of the money so collected and paid over, as they may think proper, to be applied under the direction of the trustees of Wayne township, in the county of Scioto, in the erection or repair of bridges and roads within said township, and without the corporate limits of said town.

Sec. 27. That so much of the act to which this is an amendment, and of the acts amendatory of the same, as are inconsistent with the provis

ions of this act, be, and the same are hereby repealed; this act to take ef fect and be in force from and after the passage thereof.

C. ANTHONY,

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

March 16, 1838.

Speaker of the Senate.

AN ACT

To incorporate the Lebanon and Clarksville Turnpike Company, in the county of of Warren.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Francis B. Howell, Joseph Edwards, Patrick Meloy, Thomas B. Van Horne, Aaron Kell, Richard Purcell, jr., Isaac St. John, of Warren county, and their associates, are hereby created a body corporate, by the name of the "Lebanon and Clarksville Turnpike Company."

Sec. 2. Said company shall have power to construct a turnpike road from Lebanon, in Warren county, to the east boundary of the county of Warren, near Clarksville, in Clinton county: Provided, That said turnpike shall be located as nearly on the present State road from Lebanon to Clarksville, as the nature of the ground and a due regard to a straight and direct course will permit.

Sec. 3. The capital stock of said company shall consist of seventy thousand dollars, divided into shares of twenty-five dollars each; and for the purpose of obtaining stock, the commissioners named in this act, or any three of them, may open books of subscription at Lebanon, Lockport mills, Clarksville, and such other places as they may think proper.

Sec. 4. Whenever five hundred shares of stock are taken, the commissioners named herein, or any three of them, may call a meeting of the stockholders, at such time and place as they may think proper, by giving at least ten days notice thereof in a newspaper published in the county of Warren; and at such meeting the stockholders may adopt such articles of association as may be considered necessary for the government of said company, and shall then and there proceed to elect five directors of said company, in the manner pointed out in the "Act to provide for the regulation of turnpike companies," passed January 7, 1817; and said directors shall have all powers vested in such officers by the act aforesaid.

Sec. 5. That as soon as said company shall have constructed the part of said road from Lebanon to the Little Miami, and the same has been reported to the commissioners of Warren county, agreeably to the aforesaid act of January 7th, 1817, the commissioners of said county shall authorize said company to erect a toll gate or gates, at suitable distances.

Sec 6. that said company shall not be permitted to take greater tolls than the following, on each section of said road, east and west of the Little Miami: For every two-wheeled vehicle drawn by two animals, eight cents; for every four-wheeled vehicle, drawn by two animals, twelve and one-half cents, and for every animal in addition, two and one-half cents; for every horse or other animal, and rider, five cents; for eve ry horse or other animal of that kind, led or driven, three cents; for