son of Scioto county, be, and they are hereby, appointed commissioners, to lay out and establish a State road, commencing at or near Sigler's, on the State road leading from the town of Jackson to Chillicothe; thence the nearest and best way to Joshua Strictland's; thence the nearest and best way to the Jackson Furnace; thence the nearest and best way to intersect the State road leading from Gallipolis to Portsmouth, between Samuel Boggs' and the Scioto Furnace. Sec. 2. That the aforesaid commissioners shall, in all respects, be governed by the law now in force, defining the mode of laying out and establishing State roads, passed March 14, 1831. Sec. 3. That should a vacancy occur in any of the foregoing appointments, by death, removal or otherwise, the county commissioners, or any two of them, of the county in which such vacancy may happen, shall forthwith proceed to fill the same, on being notified thereof. C. ANTHONY, December 16, 1837. Speaker of the Senate. AN ACT To lay out and establish a State Road in the counties of Putnam, Hancock, Wood, and Sandusky. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Otha Crawfus, of the county of Putnam, Jacob Foster, of the county of Hancock, and Joseph Dewitt, of the county of Wood, be, and they are hereby, appointed commissioners, to lay out and establish a State road, commencing at Ottawa, in Putnam county, running on the nearest and best route to Omly, in Hancock county; thence on the nearest and best route to Lower Sandusky, in Sandusky county. Sec. 2. That the commissioners aforesaid shall be governed, in all respects, by the law now in force defining the mode of laying out and establishing State roads, passed March 14th, 1831. Sec. 3. That should any vacancy happen, from any cause, the county commissioners of the respective counties may fill the same. C. ANTHONY, Speaker of the House of Representatives. Speaker of the Senate. December 19, 1837. AN ACT To amend an act, entitled "An act to lay out and establish a State Road in the counties of Jefferson and Belmont," passed March 31st, 1837. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Thomas Hodgen, Henry West, and John Gill, of the county of Jefferson, be, and they are hereby, appointed commissioners, and James Dillon, of said county, surveyor, to lay out and establish a State road, commencing at Tiltonsville, in the county aforesaid; and running thence the nearest and best way, past Henry West's mill, in said county, to the State road leading from Warrenton to Mount Pleasant, in said county. Sec. 2. That so much of the above recited act, to which this is an amendment, as conflicts with the present act, be, and the same is hereby, repealed. C. ANTHONY, Speaker of the House of Representatives. December 20, 1837. AN ACT Speaker of the Senate. To amend an act appointing Road Commissioners to lay out and establish a State road in the counties of Champaign, Miami and Darke, and the several acts amendatory thereto. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the board of road commissioners for Darke county, appointed by the third section of the amendatory act, passed March 5th, 1835, are hereby authorized to expend one hundred dollars of the Three per cent. fund now in the hands of said road commissioners, in erecting a bridge across Mud creek, where the State road running from Greenville, westwardly, crosses the same. Sec. 2. That the county commissioners of Darke county shall have power, from time to time, to fill any vacancy which has or may hereafter occur in the board of road commissioners for said county. C. ANTHONY, Speaker of the House of Representatives. December 28, 1837. Speaker of the Senate. AN ACT To incorporate the town of Waynesville, in the County of Warren. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the township of Wayne, in the county of Warren, as is included within the limits of the plat of said town, and in addition thereto, so much as is included by extending the north-east boundary line of said town plat south-easterly until it intersects the old channel of the Little Miami; thence down the same to the bridge on the Wilmington road; thence down the eastern channel of said river to the mouth of Camp run; thence westwardly, and parallel with the south-western boundary of said line of the plat of said town, till it intersects the north-west boundary line of said town plat extended south-westwardly; thence with said last mentioned line, to the intersection of the town plat aforesaid; be, and the same is hereby, created a town corporate, by the name of the Town of Waynesville. Sec. 2. That for the good order and government of said town, it shall be lawful for the male inhabitants thereof, having the qualification of electors of members of the General Assembly, to meet at the place of holding elections in said town, on the last Saturday of April next, and at the same time thereafter annually, at such place in said town as the town council may direct, and then and there proceed, by ballot, to elect one mayor, one recorder and five trustees, being householders of said town, and having the qualification of electors as aforesaid, who shall hold their offices one year, and until their successors shall be elected and qualified: Provided, That there shall be at least ten days' notice given of the time and place of holding all such elections by written notice, for the first election, signed by any two or more freeholders of said town, and afterwards by the recorder of said town, and posted up at three or more public places in said town; and at the first election to be holden under this act, there shall be chosen, viva voce, by any seven electors present, two judges and a clerk of said election; and at all subsequent elections, the trustees, or any two of them, shall be judges, and the recorder the clerk of said elections. Sec. 3. That at all elections hereby provided for, the polls shall be opened between the hours of two and three o'clock, P. M., and close at six o'clock, P. M. of said day; and the clerk, at such elections, shall keep a true record and poll book of such election, and on the votes being counted out, shall proclaim to such persons as may be present, the result thereof, and notify any and all persons elected of their election within five days thereafter; and the persons so elected shall, within five days after being notified as aforesaid, attend at the office of the township clerk, and take an oath or affirmation, faithfully and impartially to discharge the duties assigned to them by virtue of their respective offices; which oath or affirmation the township clerk is hereby authorized to administer, and a certificate thereof to give, to be filed in the records of said corporation: and any person elected to any office aforesaid, and refusing or neglecting to take said oath or affirmation within the time above specified, shall forfeit the sum of five dollars, to be recovered by action of debt before the mayor of said town, and in the name of the corporation, and be paid into the treasury of said town as hereinafter provided for: Provided, however, That a majority of the town council may remit such fine upon satisfactory evidence being made; and no person shall be compelled to serve in any office herein provided for, more than two years in succession. Sec. 4. Be it further enacted, That the mayor, recorder and trustees of said town shall be, and are hereby, created a body politic and corporate, with perpetual succession, to be known and designated by the name of the town council of Waynesville; and shall use a common seal and alter the same at pleasure; and to receive, take, hold, purchase and acquire any estate, real, personal or mixed, and sell, convey, dispose of, and manage the same in such manner as a majority may determine and direct, for the sole use, benefit and advantage of said town: they shall be capable, in their corporate name aforesaid, of suing and being sued in any court of law or equity in this State; and when any suit is commenced against said corporation, the first process shall be a summons, a copy of which being left with the mayor or at his usual place of abode, at least five days before the return day thereof, shall be due service. Sec. 5. It shall be the duty of the mayor, and in case of his absence or inability, of the recorder, to preside at all meetings of the town council; and the recorder shall, at such meetings, keep an accurate record of their proceedings in a book provided for that purpose; but in case of his absence or inability, the trustees shall have power to appoint one of their body clerk pro tempore for such meeting. Sec. 6. The town council shall have power to fill all vacancies which shall occur in their body by death, resignation, or otherwise; and when it may happen that either the mayor or recorder, or both, are absent at any meeting of the council, the trustees shall have power to appoint out of their own body a mayor or recorder pro tem. and the mayor, or any two trustees, or the recorder and one trustee, shall have power to call a meeting of the council. Sec. 7. The mayor, recorder and trustees, or a majority of all of them concurring, shall have power and authority to make, ordain and publish all such by-laws and ordinances, not inconsistent with the laws or constitution of this State, or of the United States, as they may deem necessary and expedient for the good government, convenience, health, cleanliness, interest and safety of said town; and the same to alter and amend, or repeal, at pleasure: they shall have power to prohibit the establishment of any groceries for retailing ardent spirits in said town, by inflicting penalties on the violation of such prohibitory ordinances; also to prohibit or license the exhibition of all shows within their corporate limits; and all fines, penalties and forfeitures, which may accrue to said town council by means of the violation of its laws and ordinances, shall be recoverable by action of debt before the mayor; and when collected, shall be paid into the hands of the treasurer of said corporation, and expended, under the direction of said council, to the improvement of the streets and side-walks of said town. Sec. 8. The town council shall have power to appoint a treasurer, town marshal, and such other ministerial and subordinate officers as they may deem necessary, to prescibe their duties, and require of them such security as they may judge necessary to secure the faithful performance of their several duties, and to remove them at pleasure, and fix and establish their fees as well as the fees of the mayor and recorder, not prescribed by this act: they shall have power to lay out and regulate the lots, streets, alleys and public grounds; to lay out and determine the width of the side walks; to erect a market house, and regulate the markets; and to remove and prohibit all nuisances prejudicial to the health, cleanliness and comfort of said town. Sec. 9. That for the purpose of enabling said town council more effectually to carry into effect the provisions of this act, they are hereby authorized and empowered, to assess a tax for corporation purposes, on all property within said town plat, made taxable by the laws of this State for State and county purposes, so that said tax shall not exceed in any one year, five mills on the dollar of valuation, as the same may be found valued on the books of the Auditor of the county at the time of assessing said tax: the town council shall also have power, if authorized so to do by a majority of the votes of all the electors in said town, at any meeting called for that purpose, to levy an additional tax as above specified, sufficient to organize and establish a fire company, and purchase an engine, hose, and other necessary apparatus for the extinguishment of fires in said town. Sec. 10. When any tax is levied, it shall be the duty of the recorder to make out a duplicate of the taxes, charging each individual with the amount assessed on each item of property, as found in the auditor's books, which duplicate shall be certified by the mayor and recorder, and one copy placed in the hands of the treasurer of said corporation, and the other delivered to the marshal of the town, or such other officer as shall be charged with the collection of said taxes: and said collector shall proceed to collect the said taxes, and pay the same over at such time as the said council may direct, into the hands of the treasurer, who shall pay out moneys only on the order of the recorder, as directed by the council. Sec. 11. All the public by-laws and ordinances of said town shall be posted up in three or more of the most public places in said town, at least ten days before they shall take effect; and the certificate of the recorder, entered upon the records of said town council, shall be deemed and taken to be sufficient evidence of such publication. Sec. 12. The mayor of said town shall be a conservator of the peace in the limits of said corporation, and shall have and exercise all the ordinary powers of a justice of the peace, within the limits of said corporation, in all matters civil or criminal, arising under the laws of this State; he shall give bond and security as required of justices of the peace, except that said bond shall be taken in the name of the "town council of the town of Waynesville;" and appeals may be taken in all civil cases and all penal cases, arising under the laws and ordinances of said town, to the court of common pleas for the county of Warren, in the same manner as appeals are taken and perfected in ordinary cases before justices of the peace: the said mayor shall keep a docket, and a fair and true record of his proceedings, judgments, and executions, in all cases which shall come before him; and for such judicial proceedings, shall be allowed the same fees as justices of the peace in similar cases. Sec. 13. The marshal shall be the principal ministerial officer of said town, and shall have the same powers that constables have by law, and his jurisdiction in criminal cases shall be co-extensive with the county; he shall serve and execute all process issued by the mayor, and receive the same fees that constables are allowed in similar cases. Sec. 14. The said corporation shall be allowed the use of the jail of the county for the imprisonment of such persons as may be liable to imprisonment under the by-laws and ordinances of said corporation; and such persons shall be under the charge of the sheriff of said county, as in other cases. |