every head of neat cattle, six months old or upwards, two and one-half cents; for every head of sheep or hogs, five mills. Sec. 7. As soon as said company shall construct a good bridge across the Little Miami, they shall have the right to demand as toll for passing said bridge, one-half of the aforesaid tolls which are allowed on either section of said road, by the fifth section of this act: Provided, however, Said company shall in no way obstruct the crossing or ford of the river, so as to compel travelers to cross said bridge. Sec. 8. At each gate the company shall cause to be put up and kept in plain view, and in legible characters, the rates of tolls to be paid according to the terms of this act, at such gate. Sec. 9. In all other respects not herein specified, said company shall be governed by the aforesaid act providing for the regulation of turnpikes. C. ANTHONY, Speaker of the House of Representatives. GEORGE J. SMITH, March 16, 1838. Speaker of the Senate. AN ACT To incorporate the Logan, Champaign and Madison Turnpike Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That James Walker, Joseph Crevison, Peter Kelley, Thomas Armstrong and Archibald Hopkins, of Logan county, Ephraim Means, Ezra Read, Lyman North, Silas Tolman, Elijah Breedlove, Absalom Fox, and Smith Minturn, of Champaign county, Joseph Chrisman and Gabriel Prugh, of Madison county, and their associates, be, and they hereby are, created a body politic and corporate, by the name and style of the "Logan, Champaign and Madison Turnpike Company," for the purpose of constructing a turnpike road from Bellefontaine, in Logan county, by way of Hazleton, in Champaign county, to a point on the National Road, at or near the town of Somerford, in Madison county; which company shall have all the rights, privileges and powers, and be subject to all the restrictions defined in the "Act to provide for the regulation of turnpike companies," passed January 7th, 1817, and the several acts amendatory thereto, excepting so far as the same may be modified or changed by the provisions of this act. Sec. 2. The capital stock of said company may be two hundred thousand dollars, divided into shares of twenty dollars each. Sec. 3. The persons named in the first section of this act, inay meet at such time as may be, by a majority of them designated, and proceed to organize said company, and take order for the opening of books for the subscription of stock, agreeably to the provisions of the act referred to in the first section of this act, and so soon as twenty-five thousand dollars shall be subscribed to the capital stock of said company, the persons named in the first section of this act, or a majority of them, may call a meeting of the stockholders for the purpose of electing nine directors for the government of said company. Sec. 4. The said company are hereby authorized to demand and re ceive from persons traveling on said road, the following tolls, for every ten miles travel thereon, and suitable proportions for a less distance; for every four-wheeled carriage or wagon, drawn by one horse or other animal, eighteen and three-fourth cents; for every horse or other animal in addition, six and one-fourth cents; for every chaise, riding chair, cart, gig, or other two-wheeled carriage, drawn by one horse or other animal, twelve and one-half cents; for every horse or other animal in addition, six and one-fourth cents; for every coach, chariot, or other four-wheeled pleasure carriage, drawn by one horse or other animal, (driver included,) twentyfive cents; for every additional horse or other animal, six and one-fourth cents; for every horse, mule or ass, led or driven, six months old or upwards, two cents; for every head of neat cattle, six months old and upwards, one cent; for every head of sheep or hogs, one-fourth of a cent; and the said company shall be entitled to demand and receive one-half of the foregoing rates of toll on said road, when the same, or any part thereof, being not less than ten miles together, shall have been graded and bridged: Provided, That such persons shall be exempted from paying tolls on said road, as are exempted by the eleventh section of the act referred to in the first section of this act, except persons conveying the public mails of the United States. C. ANTHONY, Speaker of the House of Representatives. March 16, 1838. AN ACT Authorizing the auditor of Carroll county to sell certain lands therein mentioned. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the auditor of the county of Carroll, be, and he is hereby authorized to receive of the lessee or lessees of all the part or parts of section sixteen, in Brown township, in the county of Carroll, which remained unsold at the time of the erection of said county of Carroll, a surrender of any lease or leases by him or them held, and give to him or them certificates of pur chase or such other written evidence of title as the auditor of the county of Stark could have given if the said county of Carroll had not been erected; and that the said auditor shall receive certified copies from the proper officer, within the county of Stark, of the appraisement of said section, made before the erection of the said county of Carroll, as evidence of its value, and be governed in all respects in his proceedings by the act here tofore passed authorizing the auditor of the county of Stark to sell said section of land; and all certificates of purchase, deeds, or other instruments of writing executed in pursuance of this act, shall be good and valid, as if they had been executed by the auditor of Stark county, previous to the erection of the county of Carroll: this act to take effect from and after its Making special appropriation of part of the Three per cent. Fund, in the county of Perry. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the county commissioners of the county of Perry, be, and they are hereby authorized, (if they deem it expedient,) to appropriate and pay over to Adam Binckley and John Baker, or Reading township, in said the county of Perry, the sum of fifty dollars, out of the Three per cent. Fund which is now due or on hand, or which may hereafter become due to the said county of Perry, for the erection of a bridge over Rush creek, where the State road from Somerset to Columbus crosses said stream. C. ANTHONY, Speaker of the House of Representatives. March 16, 1838. AN ACT To incorporate the town of Canton. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the township of Canton, in the county of Stark, as is compris ed in the original plat of the town of Canton, in said county, be, and the same is hereby created a town corporate, by the name of the "Town of Canton;" and by the name aforesaid, may sue and be sued, plead and be impleaded, answer and be answered, in any court in this State or elsewhere; may have a common seal, which they may alter or break at plea sure. Sec. 2. The said town shall be divided into four wards; that part thereof which lies south of Tuscarawas street, and east of Market street, shall constitute the first ward; that part which lies south of Tuscarawas street, and west of Market street, shall constitute the second ward; that part which lies north of Tuscarawas street, and west of Market street, shall constitute the third ward; and that part which lies north of Tuscarawas street, and east of Market street, shall constitute the fourth ward. Sec. 3. The government of said town, and the exercise of its corporate powers, shall be vested in the mayor, recorder, and a council consisting of two members from each ward, to be denominated the "Town Council of Canton." Sec. 4. Elections shall be held in the several wards annually, on the first Saturday in April, for the choice of a mayor, recorder, and also two members of the town council from each ward, to be conducted, as near as may be, in the same manner as township elections; the respective members of the council, in cach ward, being judges of election; public notice of the hour and places of holding such elections shall be given, at least ten days before each election, in such manner as the council shall prescribe: Provided, That the present town council shall appoint suitable persons to conduct the elections in the several wards, at the first annual election un der the provisions of this act. Sec. 5. That the taxable inhabitants of said town, qualified to vote for members of the General Assembly, and who shall have resided in said town three months preceding any election, shall be voters in their wards. Sec. 6. The mayor, recorder, and members of the town council, shall be householders and have the qualifications of electors; members of council shall be residents of the wards which they represent. Sec. 7. The judges of the ward elections shall return the respective poll books thereof, without delay, to the Recorder, who, in the presence of the mayor and council, shall make out a fair abstract of the votes polled in the several wards, certify and sign the same, in a book to be kept for that purpose, who shall, within two days after receiving the same, notify, in writing, the several persons chosen of their election, which notice shall be served by the marshal. Sec. 8. The mayor shall preside in the town council; he shall have judicial cognizance of all cases and matters arising under the ordinances of the town, and shall be vested with, and may exercise, within said corporation, all the powers, and shall be subject to all the duties and liabilities of a justice of the peace, under the laws of the State; and his decis ions may be removed to the court of common pleas of the county of Stark, by appeal or certiorari, in the same manner as those of a justice of the peace; he may, moreover, be invested with such other powers and duties, relating to the affairs of the town, as the town council may prescribe; and, in all cases, when the vote of council is equal, shall decide the ques tion then pending, and to take acknowledgements of deeds and other instruments of writing. Sec. 9. The town council shall judge of the qualifications and the le gality of the election of its members, and if a vacancy should, at any time, occur in the representation of any ward or wards, it shall be the duty of the mayor to notify said ward or wards of said vacancy, and order an election to fill the same until the next annual election; and shall annually ap point a treasurer, assessor marshal and such other officers as shall be deemed necessary or expedient, and prescribe their duties and obligations, all of whom shall be subject to be removed by the council for misconduct or inability to perform their respective duties; the council shall have power to make, ordain, and publish such ordinances, by-laws and regulations, not repugnant to the constitution and laws of the United States, and of this State, as they shall deem necessary to the health, safety, cleanliness, convenience, morals and government of the town and the inhabitants thereof; to supply all vacancies in office, except as herein provided, till the next regular period of election or appointment, to establish and regulate fire companies; to levy and collect taxes in such manner as they may prescribe, not exceeding, in any one year, five mills on the dollar, on the appraised value of all town lots and the improvements thereon, and on all articles within the corporation which are, or may be subject to State or county taxes, and such tax upon the owners or keepers of dogs as may be necessary for the protection of the inhabitants of the corporation; to regulate markets, to license or prohibit shows and other exhibitions; to regulate and improve, and keep open, unobstructed and in repair, all streets, lanes and alleys within the corporation; to grade and pave streets, alleys and passages, and to make side-walks; to cause the owners of lots to make pavements for s'de-walks in front thereof; to restrain and prohibit, whenever the convenience of the town shall require it, unruly and dangerous animals from running at large, in the streets, lanes, alleys, commons, or other public places, in said town; to collect penalties from the owner or owners of such animals, as may be provided in the ordinances; to appoint and regulate the duties and fees of a town surveyor, whose acts and surveys, as such, shall have the same validity and effect, under the like circumstances, as the acts and surveys of the county surveyor, under the laws of the State; to impose fines, forfeitures and penalties on all persons offending against the laws, regulations and ordinances of said town, and sue for and collect the same, in manner and form as is provided for in the general laws of this State, regulating the duties of justices of the peace and constables. Sec. 10. The recorder shall be clerk of the council, he shall keep a fair record of a'l their proceedings, and all ordinances, laws, regulations or bylaws by them passed or enacted; all of which shall be open to the inspection of any person interested; in case of the absence or inability of the mayor, the recorder shall perform all the duties of that officer, and shall render a correct account of his proceedings to the mayor when he shall resume his office. Sec. 11. The officers elected under the provisions of this act, or appointed by the town council, shall (unless removed) hold their respective offices for one year, and until their successors shall have been chosen or appointed, and qualified; and if any person elected or appointed to an office, shall, for ten days after notice of his election or appointment, neg lect to signify his acceptance to the recorder, his place shall be deemed vacant, and such vacancy supplied according to the provisions of this act. Sec. 12. It shall be the duty of the town council to make out a report, at least ten days previous to the annual election of corporation officers, concerning the state of the finances of said corporation, and cause the same to be published in some of the newspapers printed in said town, which report shall embrace all items of receipts and expenditures for the preceding year. Sec. 13. All laws, regulations and ordinances of the town council shall, before they take effect, be published at least fifteen days in some L. L.-44. |