ty of Paulding, are hereby appointed road fund commissioners for their respective counties; and said commissioners are hereby authorized to receive such appropriations for their respective counties as may be made, either by said counties or by the State; and all such contributions, either in money, property or labor, as may be tendered or subscribed for the purpose of opening or improving said road, and shall moreover, have power to sue for and recover, by action of debt, all subscriptions made for that purpose. Sec. 4. That said road commissioners, within their respective counties, shall have power to make all necessary contracts for opening and improving said road, and may superintend said improvements, or appoint. one or more suitable persons in their respective counties to superintend the opening or improving said road. Sec. 5. That in case a vacancy should occur of road fund commissioners in any of said counties, it shall be lawful for the county commissioners to fill any such vacancy of their respective counties. Sec. 6. That the road commissioners appointed by the first section of this act, shall, in all respects, be governed by the law in force defining the mode of laying out and establishing State roads, passed March 14, 1831. C. ANTHONY, Speaker of the House of Representatives. January 22, 1838. AN ACT To incorporate the Theological Seminary of the Associate Reformed Synod of the West. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That there shall be, and hereby is established, at Oxford, in the county of Butler, in this State, a theological institution, for the education of pious young men for the gospel ministry, by the name of "The Theological Seminary of the Associate Reformed Synod of the West," and by that name and title shall have perpetual succession, and be able to sue and be sued, plead and be impleaded in any court of law or equity, and shall be able and capable in law, to take, hold and possess lands and tenements, goods and chattels, of whatever nature or quality, real, personal or mixed, which now are, or hereafter may become the property of said seminary, by gift, grant, bargain, sale, will, devise, bequest or otherwise, from any person or persons, body politic or corporate, capable of making the same, and the said lands, tenements, goods and chattels, to grant, bargain, sell and convey at pleasure, and to have and use a common seal, which may be altered as occasion may require: Provided, That the annual income of all such property shall not exceed two thousand dollars. Sec. 2. That the property and funds which may belong to said seminary, or which may hereafter belong to said seminary, shall be under the immediate care, management and direction of a board of five trustees, to be annually appointed by said Associate Reformed Synod of the West, and said trustees shall have full power to manage, use and apply all property belonging to said institution, for the sole use and benefit of said seminary; to purchase real and personal estate for the use of said seminary, and buildings and improvements thereon to make and erect; said board or a majority of them, shall also have power to fill all vacancies which may occur by death, resignation or otherwise, in their own body, or in any of the teachers or stewards and agents of said seminary; and until said board of trustees is appointed by said synod at their next annual meeting, Jeremiah Morrow, of Warren county, John Pinkerton, of Preble county, David Christy, S. M. M'Cracken, and Samuel Gray, of Butler county, be, and they are hereby appointed trustees of said seminary. Sec. 3. Be it further enacted, That said seminary shall be under the direction of the Associate Reformed Synod of the West, which shall have power to appoint annually the aforesaid board of trustees, and all other teachers, stewards and agents or officers of said institution, and to form and make such rules and by-laws for the government of said seminary as may appear necessary to promote the prosperity of said seminary, and to alter, amend, repeal or add thereto, from time to time, as may appear ne eessary: Provided, that said rules and by-laws shall not be inconsistent with the constitution and laws of the United States, or of this State. C. ANTHONY, Speaker of the House of Representatives. January 22, 1838. AN ACT To incorporate the town of Waynesburg, in the county of Wayne. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the township of Congress, in the county of Wayne, as is comprised within the original town plat of the town of Waynesburg, and the several additions thereto, and the following described parcel of land in addition thereto, to wit: beginning at the northeast corner of Garver's addition to said town, and running east twenty roads to a post; thence south. one hundred and fifty eight rods to a post; thence west forty-five rods to a post; thence north twenty-six rods to the south west corner of lot number one, in said town; and such plats of additions to said town, as may hereafter be recorded, be, and the same are hereby, created and constituted a town corporate, by the name of the "Town of Waynesburg." Sec. 2. That for the good order and government of said town, it shall be lawful for the white male inhabitants of said town, who have resided within the aforesaid limits for the space of six months, preceding the first Monday in May, 1838, and who have the qualifications of electors of members of the General Assembly, to meet at the Methodist meeting house in said town, and on the first Monday in May annually thereafter, at such place in said town as the town council may direct, which shall be determined by notices of the time and place, posted up in three of the most public places in said town, at least ten days before the election, which notices shall be signed by the recorder, and then and there shall proceed by ballot to elect, by a plurality of votes, one mayor, one recorder, and five trustees, who shall be householders residing within the limits of said town; and who shall hold their respective offices for the term of one year, and until their successors are elected and qualified; such mayor, recorder and trustees, being so elected and qualified, shall constitute a town council, any five of whom shall constitute a quorum for the transaction of bu siness. Sec. 3. That at the first election under this act the electors shall choose, viva voce, two judges and a clerk, who shall each take an oath or affirmation faithfully to discharge the duties assigned them; and at all elections thereafter, the trustees, or any two of them, shall be judges, and the recorder, clerk; and, at all such elections, the polls shall be opened between the hours of ten and eleven o'clock, A. M., and closed at half past two o'clock, P. M., of said day; and, at the close of the polls, the votes shall be counted and proclaimed, and the clerk shall deliver to each person elected, or leave at his usual place of abode, within three days thereafter, a written notice of his election, and the person so notified shall, within five days thereafter, take an oath or affirmation to support the constitution of the United States, and of this State, and also an oath of office, a certificate of which shall be lodged with the recorder. Sec. 4. That the mayor, recorder and trustees, shall be a body corporate and politic, with perpetual succession, to be known by the name of the "Town Council of the Town of Waynesburg," and shall be capable in law to acquire, receive and hold any estate, real or personal, for the use of said town, and may sell and convey the same; may have a common seal, and the same may break or alter at pleasure; may sue and be sued, plead and be impleaded, answer and be answered, in any court of law or equity in the State; and when any suit shall be commenced against the 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 ten days before the return day thereof. Sec. 5. That it shall be the duty of the mayor, and in case of his absence or disability to serve, the recorder to preside at all meetings of the town council, and it shall also be the duty of the recorder to attend all such meetings, and keep a fair and accurate record of their proceedings. Sec. 6. The town council shall have power to fill all vacancies which may happen in said board, from the householders who are qualified electors in said town, who shall hold their appointments until the next annual election, or their successors are elected and qualified, and in the absence of the mayor and recorder from any meeting of the town council, the trustees shall have power to appoint any two of their number to perform the duties of mayor and recorder for the time being. Sec. 7. That the 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 re-ordain at pleasure; and to provide in said by-laws for the appointment of treasurer, a town marshal and all other subordinate officers within said town, as may be thought necessary; to prescribe their duties and determine the period of their appointment, and the fees they shall be entitled to receive for their services, and require of them to take an oath or affirmation faithfully and impartially to discharge the duties of their appointment; and may require of them such security for the performance of the duties of their respective offices as shall be thought expedient; and said town council shall also have power to affix to the violation of the by-laws and ordinances of the corporation, such reasonable fines and penalties as they may deem proper, and provide for the disposition of the same: Provided always, such by-laws and ordinances are consistent with the constitution and laws of this State, and the United States: And, provided also, That no by-law and ordinance of said corporation shall have any effect until the same shall have been posted up at least two weeks in one or more public places in said town. Sec. 8. That the town council shall, at the expiration of each and every year, cause to be made out and posted up, the receipts and expenditures of the preceding year. Sec. 9. The said town council shall have power to regulate the streets, lanes and alleys, also to determine the width of the side-walks, to require the owners to fence their lots; they shall have power to remove all nuisances and obstructions from the streets and commons of said town, and provide for the removal of the same. Sec. 10. That for the purpose of enabling the town council to carry into effect the provisions of this act, they are hereby authorized to levy a tax on all real and personal property within the limits of said town or corporation, as the same has been, or shall be, appraised on the grand levy of the State: Provided, That said tax shall not exceed, in any one year, three fourths of one per centum of the aggregate amount of taxable property within the limits of said town; and the said town council shall, between the first Monday in May and the first Monday in July, in each year, determine the amount of tax to be assessed and collected in the current year. Sec. 11. That it shall be the duty of the recorder to make out a duplicate of taxes, charging each individual therein, an amount of tax in proportion to the value of the property of such individual within said town, which duplicate shall be signed by the mayor and recorder, and delivered to the marshal, or such person as shall be appointed collector, whose duty it shall be to collect the same, within such time and in such manner as the laws shall direct. Sec. 12. That said collector shall have power to sell both real and personal property for the non-payment of taxes, in the same way as county treasurers do, or may sell under the laws of the State; and the collectors may make deeds on the sale of real estate, which shall have the same force as deeds made by county treasurers in similar cases. Sec. 13. The mayor shall be a conservator of the peace within the limits of said corporation, and therein have all the powers and jurisdiction. of a justice of the peace, in all matters, civil or criminal, arising under the laws of this State; he shall give bond as is required of justices of the peace, he shall be entitled to the same fees as justices of the peace are entitled to receive for similar services; he shall perform all the duties required by the by-laws and ordinances of the said town council; he shall keep a doc ket, and appeals may be taken in all cases from the decisions of said mayor, in the same manner as from the decisions of justices of the peace. Sec. 14. The marshal shall be the principal ministerial officer of said town, and shall have the same power that constables have by law; and his jurisdiction in criminal cases shall be co-extensive with the county of Wayne; he shall execute the process of the mayor, and receive the same fees for his services that are allowed to constables in similar cases. Sec. 15. That the said town council shall have power to appropriate any money remaining in the treasury of said corporation, to the improvement of the streets, alleys and side walks of said town, whenever they may deem it necessary, and to make any other improvement which may conduce to the health and cleanliness of said town; and all road tax, charged on the county duplicate, on property within the limits of said town, shall be worked out within said town as the town council may designate and point out; and all taxes charged for road purposes as aforesaid, on property within the limits of said town, and collected by the county collector, shall be paid into the hands of the town treasurer, to be specially appropriated by the town council to road purposes within said town. Sec. 16. That said corporation shall be allowed the use of the county jail, for the imprisonment of such persons as may be liable to imprisonment, under the laws and ordinances of said town, and all persons so imprisoned shall be under the charge of the sheriff, or jailor, as in other cases. Sec 17. That any future Legislature shall have power to alter, amend, or repeal this act. C. ANTHONY, January 22, 1838. Speaker of the Senate. AN ACT To authorize the Trustees of township number six, in the seventh range, in Monroe county, to execute a lease for the south east quarter of section sixteen. in said township, to Andrew Farley, for the unexpired time of his former lease, which is alleged to have been lost. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the trustees of township number six, of the seventh range, in the county of Monroe, shall have power (on being satisfied that a lease has heretofore been duly executed and delivered to Andrew Farley by the former trustees of said township, of the south east quarter of section number sixteen, in said township; and that the said Farley has paid up all the rents due, and complied with all the conditions of said lease, and that the said lease has been lost,) to execute and deliver to said Andrew Farley, a lease for the unexpired time the former lease has to run from the date of the latter, |