power to regulate and improve all streets, alleys and public grounds in said town, to regulate and improve the side-walks, drains or sewers, to remove nuisances and regulate markets; they shall have power to enforce obedience to the by-laws of the corporation, by any reasonable fines or penalties, and to cause the same to be collected and paid into the treasury; they shall have power to audit and settle all accounts of the corporation, to appropriate and draw out of the treasury all moneys therein; they shall have power to license, to regulate, or to prohibit all shows and public exhibitions. Sec. 7. The mayor shall be a conservator of the peace within the limits of said corporation, and shall have all the powers of a justice of the peace, in all cases under the laws of Ohio; shall give bond to be approved by the town council, be governed by the same laws, and shall receive the same fees, as justices of the peace are authorized to receive for like services, and from whose judgments and decisions, appeals may be had to the court of common pleas for Pike county, in the same manner as from justices of the peace. Sec. 8. That all process issued by the Mayor shall be directed to the marshal, who shall be the chief ministerial officer of said town, who shall have the same power that constables have by law; and his jurisdiction in criminal cases, or in cases of violation of the by-laws of the corporation, shall be co-extensive with the county, and he shall be entitled to the same fees for his services as constables are in like cases. Sec. 9. It shall be the duty of the Recorder to make and keep an accurate record of all the laws made and ordained by the town council, and of all proceedings in their corporate capacity, which record shall be open to the electors of said town, or other persons interested therein; and the recorder shall preside at all meetings of the council in the absence of the mayor, and shall perform such other duties as are required of him by the by-laws of the corporation. Sec. 10. The town council shall have power to assess on all property made liable to taxation, for State and county purposes, any amount not exceeding, in any one year, five mills on each dollar of the value thereof, as the same may be found valued on the books of the county auditor at the time of assessing said tax. Sec. 11. The marshal shall be the collector of all taxes assessed by the council, a duplicate of which shall be made and signed by the Recorder, and delivered to him for collection; he shall be authorized and required, by distress and sale of property if need be, as constables are on executions, to collect and pay over said tax within three months after the time of receiving the duplicate thereof, and the treasurer's receipt shall be his voucher; he shall make personal demand of every resident charged with tax, and shall give notice to non residents, in three of the most public places in said corporation, at least thirty days previous to making distress of property for said tax; and if the tax on any lot, part of lot, or piece of land, shall remain unpaid for three months after such notice or demand, and no personal property found whereof to make the same, then the marshal shall give notice by at least three written or printed handbills, and in some newspaper in general circulation in the county, stating the amount of such tax, the number or description of the lot or piece of land on which it is due, and that the same will be sold on a day named therein, not less than thirty days thereafter, to satisfy said tax, unless payment be previously made; and if such tax shall remain unpaid on the day of sale, the marshal, after proclaiming the sale aloud, shall proceed to sell so much of said delinquent lot, or lots, or piece of land, as will satisfy said tax and costs accruing, at public auction, taking the part so sold in such manner as to include the same width on the back as on the front part of the lot, and the said marshal is hereby authorized and required to make and execute to the purchaser a deed of conveyance in fee simple for said premises so sold, which deed shall vest in said purchaser all the right, title and interest, which the former owner or owners had in or to said lot, part of lot, or piece of land so sold as aforesaid: Provided, That any such owner or owners who shall appear at any time within two years after such sale, and pay to the purchaser the purchase money with interest, and twentyfive per centum penalty thereon, shall be entitled to the right of redemption, and the property shall be reconveyed to such original owner or owners, at his, her, or their proper cost and charges: Provided also, That minors shall have the right to redeem such property, at any time within one year after they shall become of full age. Sec. 12. That said corporation shall be allowed the use of the jail of said county, for the confinement of such persons as may be liable to imprisonment, under the laws and ordinances of said corporation; and the sheriff shall take charge of such persons, as in other cases. ⚫ Sec. 13. That the mayor and town council shall have power to require, by ordinance, each able bodied male person above the age af twenty-one years, resident within said town, to perform labor upon the streets and alleys of the same, not exceeding two days in any one year, and which shall be in lieu of two days labor required under the present laws regulat ing roads and highways: and, upon refusal or neglect to perform such work, under the proper supervisor, the delinquent shall be liable to the same penalties as are provided by law against persons refusing to perform the two days labor required in said law; they shall also have the exclusive right of forming the road districts within the limits of said corporation, and the appointment of suitable supervisors for such districts when formed, who shall be governed, in the performance of their duties, by the by-laws of said corporation; and all road tax charged on the county duplicate on property within the limits of said town, shall be worked out under the direction of the proper supervisors within said town, as the said authorities may, by resolution, 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 treasurer, shall be paid into the hands of the town treasurer as aforesaid, to be specially appropriated, by the mayor and town council, to road purposes within said town. C. ANTHONY, February 10, 1838. L. L. -9. Speaker of the Senate. AN ACT To amend an act entitled "An act to incorporate the Columbus Insurance Company." Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That said company shall have power to insure all kinds of property against loss or damage by water, and against all other risks. C. ANTHONY, February 10, 1838. Speaker of the Senate. AN ACT To authorize the Commissioners of Putnam County to borrow money. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the county commissioners of the county of Putnam, and their successors in office, for the term of five years from and after the passage of this act, be, and they are hereby authorized to borrow, on the credit of said county, a sum of money not exceeding ten thousand dollars, at a rate of interest not exceeding seven per centum per annum; which money, when borrowed, shall be applied, by the commissioners of said county, to the discharge of any debt or debts, which may be hereafter contracted by said commissioners, for the erection of a court house in said county, and to no other purpose whatever. C. ANTHONY, Speaker of the House of Representatives. February 10, 1838. AN ACT Speaker of the Senate. For the relief of Israel Wirtz. Whereas, Israel Wirtz of the county of Darke, in the fall of the year eighteen hundred and thirty-one, settled upon the east half of the southwest quarter of section thirty-five, in township thirteen of range one east, in the county of Darke, the said tract of land then being the property of the United States: And whereas, the said Israel Wirtz has resided upon said tract of land since he settled upon the same, and has made large improvements thereon; and whereas, the said tract of land was, in August, 1832, selected by commissioners on the part of the State, as Miami Canal land, whereby the said Israel Wirtz was cut off from the right of pre-emption, which he might afterwards have availed himself of, had not said tract of land been selected as Miami Canal land, and in which mode he afterwards attempted to secure said tract of land to himself: Therefore, Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Israel Wirtz, of the county of Darke, shall be entitled to purchase the east half of the southwest quarter of section thirty-five, in township thirteen, range one, east, in the county of Darke, at the minimum price of the Miami Canal lands, whenever the same shall be offered for sale; and if an appraisement of the unsold Miami Canal lands shall be made, the tract of land described in this act shall be valued as unimproved land, and the said Israel Wirtz shall be entitled to purchase the same at such valuation: Provided, That said land shall be liable to taxation, as soon as the same shall be sold. Sec. 2. The said tract of land shall be reserved from sale to any other person than the said Israel Wirtz, and the conveyance thereof shall be made to him in the same manner as the Miami Canal lands are, or may by law be required to be conveyed to the purchasers thereof. C. ANTHONY, Speaker of the House of Representatives. Speaker of the Senate. February 10, 1838. AN ACT To incorporate the Sandusky Iron Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Moors Farwell, Orin Follet, John Weeden, Alexander B. Barber, Isaac A. Mills, Samuel Moss, and Daniel Mallary, and such other persons as may be associated with them as stockholders, be, and they are hereby created a body politic and corporate, for the term of twenty years, under the name and style of the "Sandusky Iron Company," and by that name they and their successors and assigns shall be a body in law, capable of contracting and being contracted with, of suing and being sued, pleading and being impleaded, in all courts of this State or elsewhere, having competent jurisdiction; also to make, use and have a common seal, which they may break, alter, or renew at pleasure; said company shall in law be capable of purchasing, receiving, holding, and enjoying, and of granting, selling, and conveying any estate, real, personal or mixed, necessary for the object of this corporation, which object is hereby declared to be the "manufacturing of steam engines, and the machinery common to machine. shops, and all kinds of castings commonly produced in cupola and blast furnaces." Sec. 2. That the capital stock of said company shall not exceed fifty thousand dollars, to be divided into shares of fifty dollars each, which capi tal stock (or so much thereof as may be deemed necessary by the directors) shall be subscribed in such manner, and paid in at such time and in such proportions as may be directed by the directors of said corporation; and each owner of said stock shall have power at all times, to transfer and assign his stock in said company, or any part thereof, by assignment upon the books of said company, either by himself, or his agent or attorney authorized so to do; that said stock shall be deemed personal estate, and shall descend to the executors or administrators, upon the demise of the holder thereof. Sec. 3. That the concerns of said company shall, from and after the first Monday in May, in the year of our Lord one thousand eight hundred and thirty-eight, be managed by five directors, one of whom, to be chosen by the directors, shall be president; said directors shall be elected by ballot, by the stockholders of said company; each share shall entitle the holder thereof to one vote; a meeting shall be held for the purpose of electing directors of said company, at some convenient place in the city of Sandusky, Huron county, on the first Monday of May next, and on the first Monday in January in each and every year thereafter, and twenty days previous notice shall be given in some newspaper published in the county of Huron, by any three of the directors, of the time and place of holding said meeting; the persons named in the first section of said act shall constitute a board of directors for said company until the first Monday of May next, and until their successors are chosen and qualified; and all officers elected on the first Monday of May, shall hold their offices until the first Monday in January next thereafter, and all officers elected on said first Monday in January, shall hold their offices for one year, and until their successors are chosen and qualified. Sec. 4. The directors, or a majority of them, shall have power to make such by-laws, rules and regulations for the management of the affairs of the company, as they may deem necessary and proper: Provided, The same are not inconsistent with the laws of this State or of the United States; they may appoint a treasurer and such other officers as they may think necessary to manage the concerns of the company, and require such security of said officers as they may think proper for the faithful discharge of their respective offices; they may fill any vacancy which may take place in their own board, until the next annual election; and may call special meetings of the stockholders, by giving twenty days' notice as above. Sec. 5. That the debts of said company shall at no time exceed the amount of capital stock subscribed, and if the said debts shall be suffered to exceed said stock, the directors, during whose administration such excess of debt shall have been contracted, shall be liable therefor in their separate and individual capacities, to be recovered in an action of debt, or any other appropriate form of action, at the suit of any creditor who may have been injured by such excess: Provided, That nothing in this act contained shall be so construed as to exempt the individual members of said corporation from liability for the debts of the same, in proportion to the amount of stock by them owned, to be recovered by action of debt, or other appropriate form of action, as aforesaid: Provided, however, That the individual stockholders shall not be made liable until the corporate funds shall have been exhausted. |