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in the same manner, and under the same regulations, as the collector of State and county tax is required to collect State and county taxes; and the marshal 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 shall have the same power to sell both real and personal property as is given by law to county treasurers; and when necessary, the recorder shall have power to make deeds for real estate so sold, and in the same manner that county auditors are by law empowered to do for lands sold by the county treasurer.

Sec. 8. That the mayor shall keep the seal of the corporation; shall be a conservator of the peace within the limits of the town, and shall therein have all the powers and jurisdiction of a justice of the peace in civil cases, and in criminal matters his jurisdiction shall be co-extensive with the county; and do and perform within said town all acts which a justice of the peace may do; he shall receive the same fees which justices of the peace are entitled to receive for similar services; he shall give bond, with security; and appeals may be had from his decisions to the court of common pleas, in the same manner as appeals are taken from the judg ments of justices of the peace; and he shall keep a docket, and in all respects be governed by the law allowing writs of certiorari as justices of the peace.

Sec. 9. That the marshal shall be the principal ministerial officer of said town, and shall have the same powers as constables have by law, and his jurisdiction in criminal cases shall be co-extensive with the county of Fairfield; and he shall execute the process of the mayor, and receive the same fees for his services that constables are allowed for like services.

Sec. 10. That the corporation shall be entitled to the use of the jail of Fairfield county, for the confinement or imprisonment of such persons as may be liable thereto under this act, or the laws of said town council; and all persons so imprisoned shall be under the charge of the sheriff of said county.

Sec. 11. That the mayor, or a majority of the councillors, may call a meeting of the town council whenever, in his or their opinion, the same may be necessary.

C. ANTHONY,

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

March 17, 1838.

AN ACT

To establish a free turnpike road from the south boundary of Champaign county to Upper Sandusky, in Crawford county, and to establish a free turnpike road from Jefferson, in Madison county, to Troy, in Miami county.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the State road leading from Springfield, in Clark county, to Upper Sandusky, in Crawford county, as lies north of the south boundary

of Champaign county, is hereby declared a free turnpike road, which shall be constructed, repaired, and preserved in the manner pointed out in this

act.

Sec. 2. There shall be appointed, by joint resolution of the General Assembly, five trustees, who shall have charge of said road, and shall have power to review the location thereof, and to fix the same on the best ground for easy grade and solid road-bed, adhering, as near as may be considered expedient, to the original route surveyed by the commissioners for laying out the road from Xenia to Upper Sandusky.

Sec. 3. The said trustees shall have power to fill all vacancies which may occur in their own body by death, resignation, or any other cause; to appoint a superintendent and such other agents as they may deem necessary to carry into effect the provisions of this act; they shall keep a record of all their proceedings; and a majority shall be competent to exercise any of the powers herein granted.

Sec. 4. The said trustees shall meet in the town of Urbana on the first Monday in May next, or within one month thereafter, and organize themselves by choosing one of their number to be president of said board; and they shall then, or at any subsequent meeting, and from time to time, take measures to review, locate, and establish said road, and of all such lo cations they shall cause true copies to be filed in the Auditor's Office of the proper county.

Sec. 5. The said trustees shall have power to receive subscriptions and donations in money or property, real or personal, which shall be applied to the construction and repair of said road; they may make contracts for constructing and repairing the same in a solid and durable manner, and at such places as will render the road most available to the public for travel and transportation; they also shall have power to purchase and procure all necessary implements and fixtures to preserve said road in repair.

Sec. 6. The taxes levied for road purposes on all property within one mile of the road on each side thereof, shall be applied to the construction and repair of the same; and all persons owing such taxes, who wish to discharge the same in labor, shall apply such labor under the direction of said trustees, or an agent by them appointed for that purpose.

Sec. 7. So much of the taxes appropriated by this act as shall be paid into the county treasury, shall be computed by the respective county auditors as accurately as may be, and paid over to the said trustees, or their authorized agent; and in addition thereto, shall also be appropriated to said road, and in like manner paid, one-third of all the money collected for road purposes in each township through which any part of said road may lie. Sec. 8. It shall be the duty of the county auditors of the respective counties through which said road lies, in computing the portion of road taxes which may have accrued within the aforesaid limits on each side of said road, to embrace every tract of land of which any part shall be within said limits; and for all duties performed by them under this act, they shall be paid the same fees as are allowed by law for similar services in other cases.

Sec. 9. The trustees shall have power to receive donations of land to aid in the construction and repair of said road, and to convey the same in

fee simple; they may take releases for the right of way; and they shall expend the money in their hands only on such parts of the road, the location of which shall have been permanently fixed on suitable ground.

Sec. 10. The said trustees shall be a corporation, by the name of the "Trustees of the Springfield and Sandusky Road," for the purpose of carrying into effect the provisions of this act; and it shall be their duty to prosecute for all obstructions to said road, or for injuries done to the same, or to the bridges thereon; and the fines and damages collected on such prosecutions shall be for the benefit of said road, and be paid to the trustees. Sec. 11. The bridge across the Scioto river, now under the care of Ponteus Wheeler and Lanson Curtis, shall be under the care of the said trustees, and the money appropriated for building the same, which may remain unexpended after the same is completed, shall be paid to said trustees for the use of said road.

Sec. 12. The said trustees shall, annually, in the month of December, make a full settlement of all their receipts and expenditures under this act, and publish an account thereof in some newspaper in general circulation on the line of said road, and also deposite a copy of such settlement in the auditor's office of each county through which the road may pass.

Sec. 13. The State road leading from Jefferson, in Madison county, by Urbana, in Champaign county, to Troy, in Miami county, is hereby declared a free turnpike road, which shall be under the care and management of three trustees, who shall be appointed by joint resolution of the General Assembly.

Sec. 14. The trustees shall be a corporation, under the name of the "Trustees of the Jefferson, Urbana, and Troy Road," and shall have the same powers, and perform the same duties, in regard to the last named road as are given and defined in the preceding sections of this act; and in the location of their road, they shall leave the national road at some convenient point west of Jefferson, and proceed on the old surveyed and traveled route as near as may be expedient, under the directions given in the second section. Sec. 15. The taxes levied for road purposes on all property within one mile of the road on each side thereof, except one mile on each side of the road from Springfield to Upper Sandusky, shall be applied to the construction and repair of the same; and all persons owing such taxes, who wish to discharge the same in labor, shall apply such labor under the direction of said trustees, or an agent by them appointed for that purpose. Sec. 16. So much of the taxes appropriated by this act as shall be paid into the county treasury, shall be computed by the respective county auditors as accurately as may be, and paid over to the said trustees, or their authorized agent; and in addition thereto, shall also be appropriated to said road, and in like manner paid, one-half of all the money collected for road purposes in each township through which any part of said road may lie. Sec. 17. It shall be the duty of the county auditors of the respective counties through which said road lies, in computing the portion of road taxes which may have accrued within the aforesaid limits on each side of said road, to embrace every tract of land of which any part shall be within said limits; and for all duties performed by them under this act, they shall be paid the same fees as are allowed by law for similar services in

other cases.

Sec. 18. The trustees shall have power to subscribe the annual taxes above appropriated to the capital stock of the Urbana, Troy, and Greenville Road, so far as the same may be laid out between Urbana and Troy. Sec. 19. The trustees appointed under this act shall be allowed their reasonable personal expenses, when engaged on business of their respective roads.

C. ANTHONY,

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

March 17, 1838.

AN ACT

Speaker of the Senate.

To incorporate the town of Clifton, in the counties of Clark and Greene.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the town of Clifton, and the suburbs thereof, situated in the counties of Clark and Greene, is hereby made a town corporate, under the name of the town of Clifton, and its limits shall be as follows: beginning at the centre of the Little Miami river, where the mill dam crosses said river east of, and near, said town; thence running north one hundred and twelve poles to a stake on lands of Benjamin Whiteman; thence west to the westerly line of fraction number twenty-three, in township five, of range eight, between the Miami rivers; thence with said section line south to the corner thereof at the centre of said river; thence with said river easterly to the beginning.

Sec. 2. For the good government of said town, it shall be lawful for the inhabitants who have resided therein for the space of six months next preceding any election to be held under this act, having 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 June next, and on the first Saturday of April annually thereafter, and then and there proceed, by plurality of votes, to elect by ballot one mayor, one recorder, and five trustees; 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 trustees, 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. 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 them by this act; and at all subsequent elections, the trustees, or any two of them, shall be judges, and the recorder, or, in 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 in the afternoon of said day; and at the close of the polls, the votes shall be counted, and a true statement thereof pro

claimed 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. 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. 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 trustees shall have power to appoint any two of their number to perform the duties of mayor and recorder for the time being.

Sec. 6. The mayor, recorder, and trustees 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 Clifton;" 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 served by an attested copy thereof left with the recorder, or at his usual place of residence, at least five days previous to the return day of such process.

Sec. 7. Each member of said town council, before entering upon the duties of his office, shall take an oath to support the constitution of the United States and the constitution of this State, and also an oath of office. Sec. 8. 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 bylaws 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 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 apropriation of said fines and penalties: L. L.- -49.

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