of Fairview, except so much thereof as is owned and occupied by William Bradshaw, of said township of Kirkwood, be and the same is hereby declared a town corporate, by the name of the town of Fairview, and by that name shall be a body corporate and politic, with perpetual succession. SEC. 2. That the town named in the preceding section of this act shall be entitled to all the privileges, and be subject to all the restrictions of the act entitled “an act for the regulation of incorporated towns," passed February sixteenth, one thousand eight hundred and thirty-nine, and the several acts amendatory thereto. SEC. 3. That the town council of the town of Fairview shall have power to impose a fine not exceeding one hundred dollars on any person other than regular licensed tavern-keepers, for retailing intoxicating liquors in any quantity within the limits of said corporation; such fine to be a lien on the premises where such liquor has been retailed. ELIAS F. DRAKE, Speaker of the House of Representatives. Speaker of the Senate. February 27, 1846. AN ACT To incorporate the Columbus and Lancaster Turnpike Road Company. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That R. W. M'Coy, N. Merrian, Samuel Parsons, Samuel M'Clelland, Abraham Stotts and James Bryden, of Franklin county, and Thomas Ewing, H. H. Hunter, John Brazee, [T. U. White,] H. Stanbery, M. Z. Kreider and John D. Martin, of the county of Fairfield, and their associates and snccessors, be and they are hereby created a body politic and corporate, by the name of the Columbus and Lancaster Turnpike Road Company, for the purpose of constructing a road from the city of Columbus, by the best and most practicable route, to the town of Lancaster, in Fairfield county; which company shall have all the rights, privileges and powers, and be subject to all the restrictions defined in the "act to provide for the regulation of turnpike companies," passed January seventh, one thousand eight hundred and seventeen, and the several acts amendatory thereto, except so far as the same may be modified or changed by the provisions of this act. SEC. 2. The capital stock of said company may be one hundred thousand dollars, divided into shares of twenty-five dollars each. SEC. 3. That the commissioners of the counties of Franklin and Fairfield, for their several counties respectively, be authorized to subscribe for each county the sum of two thousand dollars to the capital stock of said road; and for that purpose, they be empowered to borrow money or issue bonds on the credit of their several counties, at a rate of interest not exceeding six per cent. per annum; and for the final payment of the money so borrowed, or the bonds so issued, and the interest on the same, they shall pledge the faith of their said counties severally, and shall, annually, levy and collect from the taxable property of their respective counties such tax as may be necessary and proper for such purpose. ELIAS F. DRAKE, Speaker of the House of Representatives. February 27, 1846. Speaker of the Senate. AN ACT To establish a Free Turnpike Road from Wintersville, in Jefferson county, to Massillon, in Stark county. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That David Johnson, John McCullough, George Harman, Henry Crew, Joseph Burson, R. McCoy and Benjamin Rex, of the county of Jefferson; John Price, William Woods, John Potter, James Peterson, Isaac Atkinson, Robert Craven, Isaac Wiggins, William R. Thompson, John S. Hunter and David Lee, of the county of Carroll; and Samuel Hawk, Lewis Vail and Andrew Hamilton, of the county of Stark; be, and they are hereby appointed commissioners to establish and construct into a free turnpike road, the state road running from Wintersville, in Jefferson county, which passes through Richmond, Springfield, Amsterdam, Harlem, Carrollton, New Harrisburgh, Waynesburgh, Canton, and terminates at Massillon, in Stark county: Provided, that said commissioners, in locating said road, may deviate from the present location of said state road when, in their opinion, the distance and situation of the ground would be improved by such change, but in no instance shall they depart from any point mentioned in this section. SEC. 2. The said commissioners, and their successors, shall be a corporation by the name and style of the Carrollton Free Turnpike Road; and they shall have all the rights, privileges, and powers, and be subject to all the restrictions defined in the act to provide for laying out and establishing free turnpike roads, passed March twelve, one thousand eight hundred and forty-five, except so far as the same may be modified or changed by this act. SEC. 3. The county commissioners of the several counties through which said road may pass, shall have power to suspend, during any year, the application of the road tax so appropriated, on all or any part of said road in their respective counties, as, in their opinion, the public good may require. ELIAS F. DRAKE, Speaker of the House of Representatives. SEABURY FORD, February 27, 1846. Speaker of the Senate. AN ACT To amend an act to incorporte the city of Toledo, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the members of the city council of the city of Toledo, shall, on the second Monday after each annual election, assemble at some suitable place in said city, and by ballot appoint a clerk, street commissioner, attorney for the city, surveyor and engineer, and such other officers as the wants of the city may require. If, for any cause, the officers above named are not appointed on said second Monday, the council may adjourn from day to day, until such appointments are made. SEC. 2. To defray the current expenses of the city, the city council shall have power annually to levy and collect taxes on all the real and personal property and capital of any kind within said city, subject to taxation by the laws for levying the taxes of this state for the time being; which property shall be listed, valued at its true cash value, and assessed annually for taxation by assessors, who shall be freeholders within said city, appointed by the city council, one from each ward, who shall, before entering upon the duties of said office, take and subscribe on oath or affirmation before the mayor, or other proper officer, faithfully and impartially to discharge the duties of said office to the best of their ability; and the said assessors shall make return of their assessment roll to the office of the clerk of said city, at such time and in such form as the council shall by ordinance direct; and upon the return of such assessment roll, the city council shall have power to examine, correct and equalize the same; any person dissatisfied with the assessment of any or all of his taxable property so assessed, may appeal to said city council, who shall, annually, on the first Monday in September, hold a special meeting for the purpose of hearing and determining said appeals, with power to adjourn from day to day until such appeals are disposed of, and the determination of the council thereon shall be final and conclusive; and the city council, on or before the first Monday in October, annually, shall levy upon the whole amount of such assessment, as corrected and equalized, such percentage as, by the concurring vote of two-thirds of all the members, shall be deemed necessary; but such percentage shall in no case exceed the sum of two per centum in any one year; and it shall be the duty of the clerk, on or before the first Monday of November, annually, to make out and deliver to the city treasurer a duplicate of the assessment roll, with the amount of taxes therein specified to be paid by each individual, with a warrant annexed thereto, under the hand of said clerk and the mayor of said city, commanding such treasurer to collect from the several persons named in said assessment roll or duplicate the several sums set opposite to their respective names. SEC. 3. And it shall be the duty of said treasurer to proceed in enforcing the collection of said taxes, in case the same are not paid, by distress and sale of personal property, and advertisement and sale of real estate, in the manner hereinafter provided; and immediately upon receiving said assessment roll, or duplicate, he shall publish a notice in such newspaper printed in said city as the council shall for that purpose designate, stating that such assessment roll or duplicate has been placed in his hands for collection, and that if the taxes thereon assessed shall not be paid prior to the last Monday in December, then next ensuing, that the several tracts of land and lots or parts of lots described in said assessment roll or duplicate, and upon which the taxes shall not then have been paid, or so much thereof as may be necessary to pay the taxes so charged thereon, will then be sold, at public auction, at the council room in said city, and that such sale will commence at ten o'clock, A. M., and be continued from day to day until the same are disposed of. Said notice shall be published at least once in each week, until the time of said sale. SEC. 4. It shall be the duty of said treasurer, at any time after the first of December in each and every year, to distrain sufficient goods and chattels belonging to the person or persons charged with any such taxes, (other than those assessed upon real estate or improvements thereon,) if found within said city, to pay the taxes remaining due and unpaid from such person or persons, and the costs that may accrue, and shall immediately proceed to advertise the same in three public places in said city, stating the time when, and the place where, such property will be sold; and if the taxes for which said property shall have been distrained, and the costs which shall have accrued thereon, shall not be paid before the day appointed for such sale, which shall not be less than ten days after the taking of such property, said treasurer shall proceed to sell such property at public vendue, or so much thereof as will be sufficient to pay said taxes, and the costs of such distress and sale. SEC. 5. That the city treasurer, or his deputy, shall attend at the council room in said city, on the last Monday in December, in conformity with said notice, and shall then and there, at and after the hour of ten in the forenoon, proceed to offer for sale, separately, each tract of land or town lot or part of lot contained in said assessment roll or duplicate, and upon which the taxes charged thereon have not been paid, and the person or persons offering at said sale to pay the taxes charged upon such land or lot for the least quantity thereof, shall be the purchaser or purchasers of such quantity; and the treasurer shall continue such sale from day to day, until each tract of land and town lot or part of lot contained in said assessment roll or duplicate, and on which the taxes remain unpaid, shall be sold or offered for sale; and if the person or persons purchasing any such tract of land or town lot, or any part thereof, shall neglect or refuse to pay to said treasurer the amount of the taxes so due thereon, he shall immediately offer the same for sale again, in the same manner, as if no such sale had been made; and the person so failing to make payment shall forfeit and pay a penalty of twenty-five per centum on the amount of said tax, to be recovered by action of debt, in the name of the treasurer, for the use of the city, before the mayor of said city. SEC. 6. That the clerk of said city shall attend all such sales of land and lots made by the treasurer, and shall make a record thereof in a substantial book, therein describing the several tracts of lands and town lots or parts of lots offered for sale, as the same shall have been described on the tax duplicate, and stating how much of each tract of land or town lot was sold, and to whom sold; and if any tract of land or town lot shall remain unsold, for want of bidders, he shall so enter it in the records, and the clerk shall make out and deliver to the purchaser of any land or lots sold for taxes as aforesaid, a certificate of purchase, in the same form, as near 27-L. L. as may be, as is required in certificates given by county auditors on sales of delinquent taxes; and which certificate shall be assignable in law. SEC. 7. That at any time after the lapse of two years from the time of such sale for taxes, if the lands or lots so sold shall not have been redeemed, the city clerk shall, on request, and on the production of the certificate of purchase, with an indorsement thereon, under the hand of the treasurer, stating that the land or lot described in said certificate has not been redeemed, (and in case of sale of a part only of such land or lot, on production of the city surveyor's return of a survey, in conformity with the requisitions of such certificate,) execute and deliver to the purchaser, his heirs or assigns, as the case may be, a deed of conveyance for the tract of land or town lot, or such parts thereof as shall have been sold as aforesaid, which deed, so made by the clerk, shall vest in the grantee, his heirs or assigns, a good and valid title, both in law and equity, and shall be received in all courts as evidence of a good and valid title in such grantee, his heirs or assigns, and of the legality of all antecedent proceedings, until impeached by some person or persons having an interest therein in setting aside the same; and in case of failure of title on account of any irregularity in the proceedings of any officer having any duty to perform in relation thereto, the purchaser at such sale, his heirs or assigns, shall be entitled to receive, from the proprietor of such land or lot, the amount of the taxes, interest and penalty legally due thereon at the time of such sale, and the amount of taxes paid thereon by the purchaser subsequent to such sale, together with interest and twelve per centum penalty on the whole amount paid by such purchaser, including costs; and such land or lot shall be bound for the payment thereof; and such purchaser, his heirs or assigns, shall also be entitled to the benefits secured by the law of the state for the relief of occupying claimants of land. SEC. 8. That all lands or town lots which may hereafter be sold for taxes, under the provisions of this act, may be redeemed at any time within two years from and after the sale thereof; and all lands and town lots belonging to minors, femmes covert, insane persons, or persons in captivity, and which may hereafter be sold for said taxes, may be redeemed at any time within two years from and after the expiration of such disability: Provided, that nothing contained in this section shall apply to lands or lots forfeited to the city. SEC. 9. That the person intending to redeem shall deposit with the treasurer of said city an amount of money equal to that for which such land or lot was sold, together with interest and twelve per centum penalty on the amount paid by such person, for which the treasurer shall give a receipt, and which deposit, when so made, shall operate as an extinguishment of the lien existing under and by virtue of any certificate of sale hereafter issued by the city clerk, under the provisions of this act; and the amount of money so deposited shall be held by said treasurer, in trust, for the use and benefit of the owner of said certificate, and to be paid over to such owner, his executors or administrators, on producing and delivering up to said treasurer such certificate; and in all cases where such deposit shall not have been made prior to the expiration of two years from and after the time of such sale, the treasurer shall, upon request, indorse such fact upon the certificate of sale, and sign the same. |