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-law or ordinance of said corporation shall take ef fect, 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 pas sage thereof. Sec. 9. 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. 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 in order to provide for and secure cleanliness and good order in said town. Sec. 11. 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 for State and county purposes, and on all domestic animals owned and kept within said corporation; and for that purpose, they may appoint, annually, an assessor, to list all taxable property, and appraise the same: 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 first Monday in May and the first Monday in July, determine the amount of tax to be assessed and collected for the current year. Sec. 12. It shall be the duty of the recorder of said corporation to make out duplicates of taxes, charging each individual within said corporation with 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 shall be appraised and returned by the town assessor, with such corrections as the council may make therein; 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. For the purpose of more effectually preserving the peace and good order of said corporation, it shall not be lawful for the town council to grant a license to any person to keep a coffee house, or 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 inquire 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 the proper 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 appropri ate 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 inhabi tants 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, to the court of common pleas of Clark county, in all cases where appeals are allowed from the decisions of justices of the peace, and in the same manner. 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 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 June 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 June; and the officers so elected, shall hold their offices till the first Satur day of April following, and until their successors are duly elected and qualified. Sec. 19. That said corporation shall be allowed the use of the jail of Clark 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 Clark county as in other cases. Sec. 20. In the distribution of the laws of this State, the corporation hereby created shall be entitled to one copy of the general, and one copy of the local laws annually. C. ANTHONY, Speaker of the House of Representatives. Speaker of the Senate. March 17, 1838. AN ACT To incorporate the town of Findlay, in Hancock county. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the township of Findlay, in the county of Hancock, as herein described, to wit: the southeast part of the southeast quarter of fractional section number thirteen, in township number one, (north,) of range number ten; also, the southwest part of the southwest quarter of section nunber eighteen, in township number one, (north,) of range number eleven, so far east as the bank of Eagle creck; also, the east half of the northeast quarter of section number twenty-four, in township number one, (north,) of range number ten; and, also, what territory of the northwest quarter of section number nineteen, in township number one, (north,) in range number ten, as is situated southwest of Carlin's mill race, be, and the same is hereby created a town corporate, and shall hereafter be known by the name of the town of Findlay. Sec. 2. That the male inhabitants of said town of Findlay, having the qualifications of electors of members of the General Assembly, may meet on the first Saturday of April next at the court house of said county of Hancock, and on the second Tuesday of April annually thereafter, at such place as the town council shall designate for that purpose, and elect, by ballot, one mayor, one recorder, and five counciliors, who shall be householders residing within the limits of said corporation, who shall hold their offices for the term of one year, and until their successors are elected and qualified; and the said mayor, recorder, and councillors shall constitute the town council, any four of whom, including the mayor or recorder, shall constitute a quorum to transact business. Sec. 3. That at the said election to be first holden under the provisions of this act, the electors present shall choose, viva voce, three judges and a clerk, who shall take an oath faithfully to discharge the duties required of them by this act; and at all subsequent elections, the councillors, or any two of them, shall be judges, and the recorder clerk; and at all elections held under the provisions of this act, the polls shall be opened between the hours of ten and eleven A. M., and closed at four o'clock, P. M.; and 2 at the close of the polls, the votes shall be publicly, counted by the councillors present, and a true statement thereof, by one of them, publicly proclaimed; and the clerk shall make a record thereof, and deliver to each person elected a written notice of his election; and the person so notified shall, within five days thereafter, take the proper oath of office, a certificate of which shall be filed with the recorder, and be by him preserved. Sec. 4. That the mayor, recorder, and councillors shall be a body politic and corporate, with perpetual succession, by the name of the "Town Council of Findlay;" and shall be capable of holding estates and property, real, personal, and mixed, which they may sell and dispose of in such manner as they, or a majority of them, may deem proper; and they may have and use a common seal, and alter the same at pleasure; may sue and be sued, plead and be impleaded, answer and be answered unto in any court of law or equity in this State or elsewhere; and when any action shall be commenced against said corporation, it shall be by summons, an attested copy whereof shall be left with the recorder, or in case of his absence, at the usual place of his residence, at least ten days before the return thereof. Sec. 5. That the mayor, recorder, and a majority of the councillors shall have the power to make such by-laws, ordinances, and regulations for the health, convenience, and improvement of said town as they may deem advisable: Provided, They be consistent with the constitution and laws of this State and of the United States; and they shall have power to fill all vacancies in their number occasioned by death, removal, or otherwise; to appoint a treasurer, town marshal, and such other subordinate officers as they may deem necessary to secure the due administration of such bylaws, ordinances, and regulations as may, from time to time, be ordained and established; and at their pleasure to remove such subordinate officers; to fix and establish the fees of officers not established by this act; and to impose a fine, not exceeding two dollars, upon any person who, after being duly elected, shall refuse to serve in any office in said corporation: Provided, That no person shall be compelled to serve in the same office for two years successively. Sec. 6. That the mayor shall be conservator of the peace within the limits of the corporation, and shall have therein all the powers and jurisdiction of a justice of the peace in all civil and criminal cases, answering under the laws of this State, and 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 the same shall be taken and perfected in the same manner as appeals are by law taken and perfected from the decisions of justices of the peace; and all process issued by the mayor shall be directed to, and served and returned by the marshal of said town; and the mayor shall be allowed and receive the same fees that justices of the peace are, or may be, entitled to for similar services. Sec. 7. It shall be the duty of the recorder to keep a true record of all the official proceedings of said town council, which record shall, at all reasonable times, be open to the inspection of the electors of said town; and in the absence of the mayor, the recorder shall preside at all meetings of the town council, and perform such other duties as may, from time to time, be required of him by the by-laws and ordinances of said corporation. Sec. 8. The town council shall have power to levy a tax, annually, for corporate purposes, on all property within the limits of said corporation made subject to taxation by the laws of this State: Provided, Said tax shall not exceed, in any one year, the sum of four mills on the dollar of the value of said property, as the same is, or may be, entered and valued on the books of the auditor of said county for taxation for county purposes and State purposes; and the recorder shall make a duplicate of such taxable property, and charge thereon each individual or owner of property within the limits of said corporation with his amount of tax in proportion to his property, as assessed on the grand levy of taxation, which duplicate shall be certified by the mayor and recorder, and delivered to the marshal, who shall, within ten days after receiving the same, call at the residence of every person charged therein with tax (if residing within the limits of said corporation) and demand the payment of said tax; and if the same shall not be paid within seventy days from receipt of duplicate by said marshal, he shall proceed to collect the same in the same manner as county treasurers are authorized by law to collect county and State taxes. where the same remains unpaid after the first day of December next, after the same becomes due; and when collected, forthwith to pay over the same to the treasurer of said corporation; and the said marshal may charge and collect the same fees on taxes so collected as aforesaid, as county treasurers are by law allowed for similar services for collecting county and State taxes; and all taxes duly assessed by said corporation shall be and remain a lien upon such real estate until paid. Sec. 9. The mayor, or a majority of the town councillors, may meeting of the town council whenever they deem it necessary. call a Sec. 10. The marshal shall be the principal ministerial officer of said corporation, and shall have the same power that constables have by law; he shall execute the process of the mayor, and receive the same fees for his services that constables are allowed in similar cases. Sec. 11. The town council may appropriate any money in the treas ury for the purpose of carrying into eflect the provisions of this act; and may have the use of the jail of said county for the imprisonment of such persons as may become liable to imprisonment for any violation of the bylaws or ordinances of said corporation; and all persons so imprisoned shal be under the care of the sheriff of said county as in other cases. Sec. 12. Three weeks before each annual election, the town council shall post up in at least two public places within the limits of said corporation, an accurate account of all the moneys received and expended by said corporation since the last annual election, with the sources from which the same was derived, and the objects on which the same was expended. Sec. 13. The mayor, treasurer, and marshal shall give bond, with such security, and in such sum, as the town council shall require, conditioned for the faithful discharge of their respective duties. on pro Sec. 14. That all road tax, charged in the county duplicate perty within the limits of said corporation, shall be worked out within said town as the said authorities may, by resolution, point out; and all taxes charged for road purposes as aforesaid on property within the limits of |