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Chillicothe and Milford Turnpike Company, such sum or number of shares as may be sufficient to defray the expense of building a suitable bridge across Paint Creek in said county, and to defray also one half of the expense of building a suitable bridge across the rocky fork of Paint Creek.

Sec. 2. That the county commissioners of the county of Highland be, and they are hereby authorized to subscribe, on behalf of said county, to the capital stock of said company, such sum or number of shares as may be sufficient to defray the expense of building suitable bridges over Turtle. and Clear creeks, in said county, and to defray also one half of the expense of building a suitable bridge over the rocky fork of Paint Creek aforesaid.

Sec. 3. That the county commissioners of the county of Brown be, and they are hereby authorized to subscribe, on behalf of said county, to the capital stock of said turnpike company, such sum or number of shares as may be sufficient to defray the expense of building a suitable bridge across the East Fork of the Little Miami, in said county.

Sec. 4. That the county commissioners of the county of Clermont, be, and they are hereby authorized to subscribe, on behalf of said county, to the capital stock of said company such sum or number of shares as may be sufficient to defray the expense of building a suitable bridge across Stoneclick, a branch of the Little Miami, in said county.

Sec. 5. That the county commissioners of the counties aforesaid, or of any one or more of said counties that may conclude to make subscriptions as aforesaid, may make the same at one or several times, as in their discretion they may determine; and they may make such subscription or subscriptions, on such conditions and payable at such times, as the commissioners subscribing may prescribe and determine.

Sec. 6. That for the amount which may be paid on subscriptions authorized by this act, stock certificates shall be issued by said turnpike company in favor of the commissioners and their successors, of the proper

county.

Sec. 7. That it shall be lawful for the commissioners of the counties aforesaid, or of any one or more of said counties, subscribing stock hereby authorized to be subscribed, to borrow money on the credit of the proper county and pledge of stock subscribed, to pay such subscription or subscriptions, or any part thereof.

C. ANTHONY,

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

February 13, 1838.

AN ACT

To incorporate the St. Paul's Church of Greenville, in Darke County.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That John Briggs, Washington B. Beall, Thomas T. Kilbourn, Joseph Ross and Ambrose L. Northrop, and their associates and successors, be, and they are hereby incorporated a body corporate, under the name and style

of the Wardens and Vestrymen of St. Paul's Church of Greenville, Darke county, Ohio; and as such, shall enjoy and be subject to all and singular the provisions of an act entitled "An act in relation to incorporated religious societies," passed March 5th, 1836.

Sec. 2. That ten days' notice shall be given by said Wardens and Vestrymen, in three of the most public places in said town of Greenville, of the intention to hold their first meeting under this act.

C. ANTHONY,

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

February 13, 1838.

Speaker of the Senate.

AN ACT

To incorporate the First Congregational Church and Society of Rockport, in the county of Cuyahoga.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Lewis Tomlinson, Benjamin Martick, R. N. Fife, William Andrews, Russel Hawkins, George F. Andrews, Elijah Smith, and those who may be hereafter associated with them, be, and they are hereby created a body politic and corporate, by the name of the "First Congregational Church and Society of Rockport," agreeably to an act passed March 5th, 1836, entitled "An act in relation to incorporated societies;" and shall hold their first meeting for the election of officers, by the persons named in this act, or a majority of them, giving ten days' notice in writing, posted up in three public places, of the time and place of holding the same.

C. ANTHONY,

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

February 13, 1838.

Speaker of the Senate.

AN ACT

Further to amend the act entitled "An act to incorporate the City of Ohio."

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the mayor of said city, in his judicial capacity, have exclusive jurisdiction. of all cases for the violation of any of the ordinances of said city; and shall also have power to exercise the same jurisdiction and authority in civil and criminal cases, as justices of the peace of the township of Brooklyn, in the county of Cuyahoga, and shall be entitled to the same fees in like cases: Provided, That in all cases brought before said mayor for the vio

lation of any of the ordinances of said city wherein the defendant or defendants shall be adjudged to pay a fine or penalty, such defendant or defendants, shall have a right, within ten days after the rendition of such judgment, to appeal there from to the court of common pleas of Cuyahoga county, upon giving bond with such security as the said mayor shall approve, in double the amount of such judgment and costs; and if double the amount of such judgment and costs be less than fifty dollars, then in the sum of fifty dollars conditioned to pay the judgment and costs, which may be recovered against him, her or them, in said court of common pleas; and in all such cases the prosecution before the court of common pleas may be by action of debt or by indictment, as the case may require, and may be proceeded with in the same manner as prosecutions for offences against the laws of this State; and the prosecutions may be managed and conducted by such counsel as for that purpose may be authorized by the city council of said city; and all fines imposed and penalties recovered in such cases shall, when collected, be paid into the treasury of said city; and in all cases brought before said mayor, other than for the violation of the ordinances of said city, the parties therein shall have the same right of appeal to the said court of common pleas, subject in all respects to the same limitations, restrictions, regulations and provisions, as is, or may be, allowed by the laws of the State for the time being, from the judgments of justices of the peace within said county; and all such last named cases, which shall be appealed in pursuance hereof, shall be presented before said court of common pleas, and finally determined upon the same principles and in the same manner as appeals from the judgments of justices of the peace as aforesaid; and whenever, in either of the cases aforesaid, an appeal shall have been perfected as herein provided, it shall be the duty of said mayor to recal any execution which shall have been issued by him therein.

Sec. 2. That immediately after the election of a president of the city council as provided for in the fifth section of the act hereby amended, the said city council shall proceed to appoint a recorder and treasurer of said city, who may be any suitable persons having the requisite qualifications for city officers, and shall hold their offices one year, and until their successors are chosen and qualified.

Sec. 3. That for the discharge of any debt against said city or expenditures authorized by the city council under the provisions of the act hereby amended, or any act amendatory thereof, or any ordinance of said city, or to defray the current expenses of said city, the city council shall have power to levy and collect taxes on the real and personal property therein, on the basis of city taxation, provided in the act hereby amended; and the said city council, on or before the first Monday in June annually, shall levy upon the whole amount of the assessment of said city, which shall have last been completed according to law, such per centage as shall be deemed necessary by the concurring vote of a majority of all the members of said city council; and whenever the city council shall have levied any such tax, it shall be the duty of the city recorder of said city, on or before the first Monday in July following, to deliver to the city marshal of said city a duplicate of the assessment roll L. L.—11.

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of said city, with the amount of taxes specified therein to be paid by each individual, with a warrant thereto annexed, signed by the mayor of said city, commanding the said marshal to collect from the several persons named in said duplicate, the several sums set opposite to their respective names; and it shall be the duty of said marshal, on receiving such tax duplicate, within ten days thereafter to give public notice thereof by advertising in a newspaper printed in said city or its vicinity, at least three months successively, requiring said tax to be paid by him at his office in said city on or before the first day of October next thereafter, and in case such persons named in said duplicate, or any of them, shall refuse or neglect to pay such tax in pursuance of the requirement aforesaid, the said marshal shall have the authority to collect the same by distress and sale of the goods and chattels of any person so neglecting or refusing, and shall proceed therein in the same manner as constables are required by law to do in levying exactions, and may tax and collect like fees; and it shall be the duty of said marshal, and by said warrant he shall be directed on the second Monday of November next following, to make return to the office of the city recorder of said city, of his proceedings thereon, and also to pay into the city treasury the amount by him collected, after deducting therefrom such amount as the said city council shall allow him, as a compensation; and when any tax imposed by the said city council pursuant to law shall be returned as unpaid, or shall not be paid within the time required by law, the said city council may maintain an action therefor in the name of said city, against any person liable for the payment of the same as owner of the real estate, or as owner of the personal estate charged with such tax, in any court having cognizance thereof, with interest from the time such tax shall have been returned unpaid, and costs of suit; and when any tax charged upon any real estate within the city shall be returned as unpaid by said marshal, the city council shall have power to direct the city recorder of said city to advertise and sell the same, and the city recorder shall thereupon cause a notice to be published in a newspaper printed in said city or its vicinity, six successive weeks, describing the real estate charged with such tax remaining unpaid, notifying all persons concerned that unless the said tax with interest and twenty-five per centum penalty thereon, shall be paid before the time of sale in such notice specified, he will, on a day to be stated therein, at his office in said city, expose the said real estate to sale at public auction; and if such tax, with the interest and penalty thereon, be not paid before the time of sale, the said recorder shall then proceed to sell the same, or so much thereof as shall be necessary to pay the tax, interest and penalty charged thereon, and to pay the avails thereof into the city treasury; and on such sale, the said city recorder shall execute and deliver to the purchaser a certificate of sale, describing therein the lot or lots sold; or in case a part only of a lot be sold, such description shall specify the quantity contained in the part so sold; and in case of a sale of a part only of a lot, the part sold shall extend from the main or principal street, road or alley, which may be the most convenient point to such lot, to the rear of said lot, and be bounded by lines as nearly parallel with the outlines of said lot as practicable; and the said recorder shall file a copy of such certificate in his office; and, at the expiration of one year after such sale, the

mayor of said city shall execute and deliver to the purchaser or his assigns, a deed under his hand and the seal of said city, of such lot or lots, or part of a lot so sold as aforesaid, unless the owner or claimant of the premises shall, within one year after such sale, redeem said premises by paying to the purchaser or his assigns, or into the city treasury, for his, her or their benefit, the amount paid by said purchaser, with twenty-five per centum on the amount in addition thereto; and in case such payment shall be made into the city treasury, it shall be the duty of the treasurer of said city to make and execute duplicate receipts therefor, one of which he shall deliver to such owner or claimant, and the other to the recorder of said city, to be by him kept on file; and on such payment being made within the time aforesaid, either to such purchaser or his assigns, or into said treasury, as aforesaid, all the right, title and interest of such purchaser or his assigns; both at law and in equity, acquired by such sale and certificate as aforesaid, shall forthwith cease and determine; and the deed so made by the said mayor as aforesaid, shall be received in all courts and places as prima facia evidence of a good and valid title in the grantee therein, his heirs and assigns.

Sec. 4. That the mayor of said city, by the direction of the city council, may renew any warrant that may be lawfully issued for the collection of any tax, from time to time, as often as any tax shall be returned uncollected, or may issue a new warrant for the collection of such tax, and in such renewal or new warrant, shall specify the time when the same shall be returned, and the same proceeding substantially shall be had on such renewal or new warrant, as are by this act authorized upon the original

warrant.

Sec. 5. That whenever the city council of said city shall have ordered any improvement to be made in said city pursuant to the twenty-eighth section of the act hereby further amended; and whenever the said city council shall have caused any of the grounds in said city liable to be covered with stagnant water to be raised, drained or filled, and the expense thereof to be assessed according to the provisions of the twelfth section of said act, the city council shall direct the recorder of said city, whose duty it shall be in each of the cases aforesaid, to make a duplicate of the assessment of the expense, and deliver the same, together with a warrant thereto annexed, as is provided herein, in relation to the annual taxes of said city, to the city marshal of said city, on or before the first of July next following; who shall proceed to collect the tax contained in such duplicate of assessment at the same time and in the same manner in all respects, as is provided in and by this act for the collection of the annual taxes of said city, and he shall in like manner pay the same into the city treasury; and in case of any tax in such assessment being returned unpaid and delinquent, the proceedings may in all respects, be the same as in cases of delinquency in the payment of the annual taxes, with the addition of the like interest and penalty.

Sec. 6. That in exercising the powers granted to the city council of said city in and by the third section of the act entitled "An act in addition to, and amendment of, the act entitled "An act to incorporate the city of Ohio," passed April 3d, 1837, said city council shall have power to levy a special tax by a discriminating assessment upon the land and ground bor

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