there proceed, by plurality of votes, to elect by ballot one mayor, one recorder, and five councilmen; 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 councilmen, 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. That, 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 each take an oath or affirmation faithfully to discharge the duties required of him by this act; and at all subsequent elections, the councilmen, or any two of them, shall be judges; and the recorder, or in case of his absence, some person to be appointed by the judges, shall be clerk; the polls shall be open between the hours of ten and eleven o'clock in the forenoon and close at four o'clock in the afternoon of said day; and at the close of the polls the votes shall be counted, and a true statement thereof proclaimed 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. That 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. That 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 councilmen shall have power to appoint any two of their number to perform the duties of mayor and recorder for the time being. Sec. 6. That the mayor, recorder and councilmen 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 Adelphi," 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 by summons, an attested copy of which shall be left with the recorder, or at his usual place of residence, at least five days previous to the return day thereof. Sec. 7. That 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. That 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; 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 appropriation of said fines and penalties: 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-laws or ordinance of said corporation shall take effect 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 passage thereof. Sec. 9. That 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; to provide for and secure cleanliness and good order in said town. Sec. 11. That 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 corparation, as the same has been or shall be appraised and returned on the grand levy of the State: 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. That it shall be the duty of the recorder of said corporation to make out duplicates of taxes, charging each individual within said corporation 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 appears from the auditor's books of Ross and Pickaway counties; and the recorder of said corporation shall, at all reasonable hours, have access to the county auditor's books, for the purpose of making out such duplicate, free of expense; 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 appoint ed 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 orcollector, 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. That, 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 spiritous liquors, or to keep a house of entertainment; and 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 spiritous 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 enquire into the same, and to issue his warrant to bring the offender before him for hearing: Provided, That nothing herein contained shall be construed as to give the said corporation any authority or jurisdiction over taverns licensed by the court of common pleas of Ross 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 council shall have full power to appropriate 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 make all other improvements, of a public nature, which may conduce to the convenience and prosperity of the inhabitants 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, 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 powers as constables have by law, and his jurisdiction in criminal cases shall be co-extensive with the counties of Ross and Pickaway; 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 April 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 April; and the officers so elected shall hold their offices till the first Saturday 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 Ross 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 Ross county, as in other cases. Sec. 20. That, 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. Sec. 21. That this act shall be received in all courts as a public act. C. ANTHONY, Speaker of the House of Representatives. February 10, 1838. AN ACT To incorporate the town of Piketon, in Pike County. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the township of Seal, in the county of Pike, as is comprised within the limits of the town plat of the town of Piketon, and all addi-. tions thereto, including the outlots of said town, together with all such additions as may hereafter be recorded thereto, be, and the same is hereby created a town corporate, and shall hereafter be known by the name of the "Town of Piketon." Sec. 2. That the qualified electors for members of the General Assembly, residing within the limits of said corporation shall meet at some convenient place within the same, on the first Saturday of April, 1838, and on the first Saturday of April annually thereafter, at such place in said town as the town council shall direct, and then and there proceed to elect by ballota mayor, recorder, and five trustees, who shall have the qualifications of electors, and reside within the limits of the corporation, and the mayor recorder and trustees so elected, shall hold their offices one year, and until their successors are elected and qualified: Provided, That a failure to elect on said day shall not forfeit the charter. Sec. 3. That, at the first election to be holden under this act, two judges and a clerk shall be chosen viva voce, by the electors present, who shall take an oath or affirmation faithfully to perform their respective duties as such, and at all subsequent elections, the mayor or any two trustess may judge the election, and the recorder, or in case of his absence, a recorder pro tempore appointed by the council, shall be clerk; and, at all such elections, the polls shall be opened between the hours of twelve and one o'clock, and close at four on said day; and at the close of the polls, the vates shall be counted and the result shall be proclaimed at the door of the house where the election may be held, and the persons elected shall, within ten days thereafter, take an oath or affirmation to support the Constitution of the United States and of this [State,] and faithfully to discharge the duties of their respective offices agreeably to their best abilities; a certificate of which shall be deposited with the recorder and by him preserved. Sec. 4. The mayor, recorder and trustees of said town, shall be a body politic and corporate, with perpetual succession, to be known and distinguished by the name of the Town Council of Piketon, and shall be capable in law to acquire, receive and hold any estate, real and personal, for the use and benefit of said town, and may sell and transfer the same, and may have a common seal, and alter the same at their discretion; may sue and be sued, plead and be impleaded, answer and be answered, in any court of law or equity in this State; and when any suit shall be commenced against said corporation, the first process shall be a summons, an attested copy of which shall be left with the recorder, or at his usual place of abode, at least ten days before the return day thereof. Sec. 5. The mayor, recorder and trustees, or a majority of them, whereof the mayor or recorder shall always be one, shall have power and authority to make, ordain, and publish all such by-laws and ordinances, not inconsistent with the Constitution and Laws of the United States and of this State, as they shall deem necessary and proper for the promotion of morality, as well as for the good regulation, interest, safety, health, cleanliness, and convenience of said town, and the inhabitants thereof; they shall have power to fill all vacancies that may happen by death or otherwise, in any of the different offices herein named; they shall also have power to appoint a treasurer, marshal, and such other subordinate officers as they may deem needful; to prescribe their duties, to require such surety as they shall deem proper for their performance, to remove them at pleasure, to establish the fees of all officers in the corporation not established by this act; to impose such fines (not exceeding three dollars) as they may deem just for refusing to serve in any office in the corporation, or for neglect or misconduct therein: Provided, That no person shall be compelled to serve two terms in succession in any one office in the corpo ration. Sec. 6. The said council, or a majority of them as aforesaid, shall have |