Sec. 15. That said corporation shall be allowed the use of the jail of the county of Portage for the imprisonment of such persons as may be li able to imprisonment under the by-laws and ordinances of said corporation, and all persons so imprisoned, shall be under the charge of the sheriff of the county of Portage, as in other cases. Sec. 16. That the president of the council, recorder, trustees, and other officers of said corporation, shall, on demand, deliver to their succes sors in office, all such books and papers as pertain in any wise to their office. C. ANTHONY, February 27, 1838. Speaker of the Senate. AN ACT Authorizing the Recorder of Trumbull county to transcribe certain records. Scc. 1. Be it enacted by the General Assembly of the State of Ohio, That the recorder of Trumbull county be, and he hereby is, authorized to transcribe, from the records in his office, the drafts and proceedings of the Connecticut Land Company, (which are said to be in a state of decay.) and to procure certified copies of any which may have been lost, and record the same in the proper records of the county of Trumbull; for which services he shall receive such reasonable compensation as the com missioners of the county shall determine, to be paid out of the treasury of the county of Trumbull. C. ANTHONY, Speaker of the House of Representatives. February 27, 1838. AN ACT To revive and continue in force certain acts heretofore passed. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That' an act entitled "An act to lay out and establish a State road in the coun ties of Williams and Henry," passed December 21, 1836, be, and the same is hereby, revived and continued in force until the first day of January, 1839; and that an act entitled "An act to lay out and establish a State road in the counties of Henry and Williams," passed March 27, 1837, and "An act to lay out and establish a State road in the counties of Paulling, Williams, Henry, and Lucas," be, and the same are, each, hereby continued in force for the same length of time as the said first mentioned act. C. ANTHONY, Speaker of the House of Representatives. February 27, 1838. GEORGE J. SMITH, AN ACT To incorporate the Lenox Library Association, in the county of Ashtabula, Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That T. H. C. Kingsbury, S. N. House, P. A. French, H. N. Smalley, S. A. Harris, J. M. Ray, George Ray, and their associates, together with those who may hereafter be associated with them, be, and they are hereby, created a body politic and corporate, by the name of "The Lenox Library Association," with perpetual succession; and, by their corporate name, may sue and be sued, plead and be impleaded, in all courts of law and equity in this State and elsewhere; may have a common seal and the same may alter at pleasure; shall be capable of holding personal and real estate by purchase, gift, or devise, for the purposes of said association; and they shall have power to form and ratify a constitution, and adopt by laws for the government of said corporation and the management of its fiscal concerns, and admission of its members, and the appointment of its officers, subject, however, to all the provisions, restrictions, and liabilities in any general act or acts, now in force, relating to corporations, which may be passed by the General Assembly at any future session: Provided, That the annual income of said corporation shall not exceed five hundred dollars. C. ANTHONY, Speaker of the House of Representatives. Speaker of the Senate. February 27, 1838. AN ACT To amend an act entitled "An act to incorporate the Conneaut and Beaver Railroad Company," passed February 11, 1836. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That in all cases, by the transfer of stock in the Conneaut and Beaver Railroad Company, the person or persons to whom the transfer shall be made, shall be holden to the payment of all instalments to be thereafter called for upon the shares transferred, and shall be subject to all responsibilities to the same extent, and in the same manner as the original subscriber for said stock would have been. Sec. 2. That the president and directors of said company may demand and receive for tolls upon, and for the transportation of persons, goods, produce, merchandise, or other property of any kind whatsoever, transportable by them along said railroad, for the two first miles thereof, commencing at Conneaut Harbor and no further, any sum not exceeding the following rates: on all goods, merchandise, and other property of any description whatsoever, transferable by them or their agents, a sum not exceeding five cents per mile per ton for tolls, and thirty cents on a ton per mile for transportation; and for transportation of passengers not exceeding ten cents per mile for each passenger, any thing in the act to which this is an amendment to the contrary notwithstanding. C. ANTHONY, Speaker of the House of Representatives. February 27, 1838. Speaker of the Senate. AN ACT To incorporate the town of New Concord, in the township of Union, in Muskingum county. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That all that part of the township of Union, known and distinguished as the town of New Concord, in Muskingum county, which is included in the recorded plat of said town of New Concord, in the recorder's office in said county, be, and the same is hereby, created a town corporate, and shall hereafter be known and designated by the name of New Concord: Provided, That when any addition is made to said town, and the plat of said addition is recorded according to law, it shall be considered as incorporated with the said town of New Concord. Sec. 2. That it shall be lawful for the inhabitants of said town, having the qualifications of electors of members of the General Assembly, to meet at such place in said town as they may agree, on the second Monday of April next, and on the second Monday of April annually thereafter, and then and there proceed to elect one mayor and five trustees, who shall have the qualifications of electors, who shall have resided one year in said town preceding their election, and shall be householders therein; and the persons so elected by a majority of votes, shall hold their offices for one year and until their successors are legally elected and qualified, who shall, in ten days after being elected, take an oath to support the Constitution of the United States and of this State, and an oath of office faithfully to discharge the duties of their offices according to the best of their abilities, before entering on the duties of their offices, and they shall constitute the town council. Sec. 3. At the first election to be holden under this act, three judges and two clerks, having the right of electors, shall be elected viva voce by the electors present, and shall take an oath faithfully to discharge the duties required of them by this act, according to the law regulating elections, before entering on their duties as judges and clerks of the election; and at all subsequent elections, the mayor and trustees, or any three of them, shall be judges, and the recorder and one other person chosen by the trustees, shall be clerks of the election; and at all such elections the polls shall be opened between the hours of nine and eleven o'clock A. M., and closed at three o'clock P. M., of the same day; and at the close of the polls the votes shall be counted, and a statement thereof proclaimed at the door of the house where the election is held; and the recorder, if he be at home, but if not, then either of the clerks appointed by the trustees, shall leave with each person elected, or at his usual place of residence, within five days after the election, a certified notice of his election; and the person so elected and notified shall, within ten days after the election, take the oath of office required by the second section of this act, a certificate of which shall be deposited with the recorder and by him put on record. Sec. 4. That in case no election shall be holden on the day pointed out by this act, it shall, and may be lawful to hold such an election on any subsequent day; and it shall be the duty of the mayor, or any two of the electors in said town, at least ten days prior to any special election authorized by this act, to give notice, in any newspaper printed in said town of New Concord, or by posting up notifications at three of the most public places in said town, of the time and place where the said election will be holden. Sec. 5. That the mayor and trustees of said town shall be a body corporate and politic, with perpetual succession, to be known and be distinguished by the name of the town council of New Concord; and they, and their successors in office, shall appoint their recorder, and be capable in law of receiving, holding and conveying any estate, real or personal, for the use of said town, the profits whereof, or therefrom arising, shall not exceed five hundred dollars in any one year; they may have a common seal, and may 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 where suit may be commenced against said corporation, the first process shall be served by leaving a copy with the mayor, or left at his usual residence, not less than ten days before the return day thereof. Sec. 6. That the mayor and trustees, or a majority of them, shall have power to make, ordain and publish all such by-laws and ordinances, consistent with the Constitution and Laws of the United States and of this State, as they shall deem necessary for the regulation, interest, safety, good order, health, cleanliness and convenience of said town and the inhabitants thereof; they shall have power to fill all vacancies which may happen by death, resignation or otherwise, for the time being, in any of the offices herein named; they shall have power to appoint a treasurer and marshal, and such other subordinate officers as they may deem necessary; to prescribe their duties and require of them such security as they may deem necessary for the faithful performance of their duties; to remove them at pleasure when found incompetent; to fix and establish the fees of all the officers of said corporation, not fixed by this act; to impose such fine, not exceeding three dollars, as they shall deem just, for refusing to accept any office in said corporation, or for neglect or misconduct therein; they shall have power to audit and settle all the accounts belonging to the corporation; to appropriate and by their order draw any money which may be in the treasury, which is necessary to pay for improvement, or may be due or earned by any person who has been employed in labor at grading side-walks, paving them or any street; they are authorized to keep the streets and alleys, together with the commons belonging to said town, open, in proper repair, and free and clear of all nuisances; to establish and regulate markets in said town. Sec. 7. That the mayor shall be a conservator of the peace in said corporation, and shall have all the powers of a justice of the peace therein, both in civil and criminal cases; and in all his acts, as justice of the peace, be governed by the laws now in force or that may hereafter be passed, creating and defining the duties of justices of the peace, and shall and may be entitled to have, demand and receive the same fees as justices of the peace are or may be entitled to receive for the same services; the mayor shall give bond and security as is or may be required by law of justices of the peace; he is hereby authorized to administer oaths, to hear and determine all cases arising under the laws and ordinances of the corporation; to render judgment and issue execution, and award all such process as may be necessary to enforce due execution of all such laws and ordinances; which executions and process shall, in civil cases, be directed to the marshal of said town, and in criminal cases may be directed either to the said marshal, the sheriff, or any constable of Muskingum county, who are hereby required to serve and return the same, and may charge the same fees for such services as are or may be allowed by law for similar services in other cases; and an appeal may be taken and had from any final decis ion or judgment of the mayor, to the court of common pleas of Muskingum county, in the same manner and under the same regulations that now are, or that may be hereafter established by law, for the taking and perfecting an appeal from the judgment of justices of the peace; and the mayor shall provide and keep a seal for the corporation; he shall sign all commissions made pursuant to the laws and ordinances of said corporation; and shall keep an office within the limits of said corporation as before defined; and, at the expiration of his term of office, he shall deliver over to his successor in office the seal, books and other property in his possession belonging to said corporation, together with his docket. Sec. 8. That it is hereby made the duty of the recorder to make and keep a truc, fair and accurate record of all laws, ordinances and resolutions made, ordained or passed by the town council of said town, and of all other their proceedings had in their corporate capacity; which record shall at all times be open to the inspection of the electors in said town; and shall moreover do and perform all such other and further duties as may be required of him by the laws and ordinances of said corporation. Sec. 9. That the marshal, in the service of all process to him directed, shall have the same power as is or may be given by law to constables, and shall be governed by the laws defining the duties of constables, and shall be entitled to receive the same fees as are allowed constables for similar services; and he shall perform all and singular such duties as may be required of him by the by laws and ordinances of the said corporation. Sec. 10. That the town council shall have power to levy a tax annually for corporation purposes, on all the objects in said town made subject to taxation by the laws of this State for State and county purposes: Provided, Such tax shall not exceed two mills on the dollar in any one year, on the valuation of all property in said corporation subject to taxation as aforesaid; and when the town council shall have determined on the amount or per centum of tax, to be levied in any one year for corporation purposes as aforesaid, they shall certify the same to the auditor of Muskingum |