Compilation of the Ordinances, of the Common Council of the Town of Dayton

COMPILATION OF THE ORDINANCES, OF THE COMMON COUNCIL OF THE TOWN OF DAYTON

PUBLISHED BY AUTHORITY.

R.J. SKINNER, Printer, Dayton, 1826

 

An Ordinance,

For preventing and extinguishing fires, and to regulate

the keeping of Gunpowder.

Sec. 1. Be it ordained by the Common Council of the Town of Dayton, --That there shall be appointed annually, by the Common Council, at least five persons, residing within the bounds of the Inlots of this corporation, (respectable freeholders and householders) to be denominated Fire Wardens, who shall provide themselves with badges that will render them conspicuous in time of fire; on every alarm of which they shall immediately repair to the place where such fire may happen, and wear said badges; and it shall be lawful for the Fire Wardens appointed as aforesaid, or any of them to order fences, lumber, of any combustibles, to be removed , and for any three of them to order any house or building to be pulled down, when int heir[sic] opinion, the public safety requires it; to order all able bodied men into the ranks for the purpose of conveying water, or to perform such other service as may be necessary for the extinguishment of fire, not attended with immediate personal danger; And any person or persons neglecting or refusing to obey the directions of any of the Fire Wardens aforesaid, for the purpose of extinguishing any fire that may happen or occur in this corporation, shall forfeit and pay for every such offence, on conviction thereof before the President, or in his absence, the Recorder, any sum not exceeding fifteen dollars.

Sec. 2.  Be it further ordained, That the Fire Wardens are hereby authorized to enter into any house or building, lot, yard, or premises, within this corporation, between sun rising and setting, on any week day, for the purpose of examining any fire places, hearths, chimneys, stoves or stove pipes, ovens, boilers, kettles or other apparatus which may be dangerous in causing or promoting fires; and whenever any danger shall appear from any apparatus, as aforesaid, of fires taking place, they shall, or any of them may, direct in writing, the owner or occupant of any premises containing any of the dangers, aforesaid, to remove, alter, or amend the same, in such manner and within such time as they or either of them may deem reasonable and just. And any person or persons who shall resist the enterance [sic] of any of the Fire Wardens into any premises as aforesaid, for the purpose aforesaid, or shall neglect or refuse to attend to the directions given for altering amending or removing any of the dangers aforesaid, shall forfeit and pay, for every such offence, any sum not exceeding twenty-five dollars, and the further sum of two dollars for each and every day they shall suffer the same to remain, after reasonable time given as aforesaid, to be recovered on conviction thereof, before the President, or in his absence the Recorder.

Sec. 3. Be it further ordained, That there shall be appointed, annually, by the Common Council, one discreet competent person, to be denominated Engineer, who shall furnish himself with such badge of distinction, as he may think proper, and shall be worn by him on every occurrence of fire; on every alarm of which, he shall immediately repair to the place where such fire may happen, and it shall be his duty to give such directions to the fire company created under the provisions of the ordinance (and not otherwise provided for,) and all other citizens, as may be necessary for the extinguishment of fires, and it shall be his duty to examine the engine belonging to, or in the public use of, the corporation, the house of houses, and all the apparatus belonging to said Engine, as well as the hooks, &c. belonging thereto, once in each month, and give such directions to the foreman of the fire company as may be useful and necessary; and it shall be his duty to report to the Common Council once in each year, on or before the first Monday in January, the particular condition of the Engine and apparatus and advise such repairs and improvements as may be useful.

Sec 4. Be it further ordained, That as soon as volunteers may offer as Fre [sic] Enginemen, they may enroll themselves into a company, choose a foreman and secretary, who shall report their names to the Common Council for acceptance as a Fire Engine Company, (their number to be limited by the Common Council) to take charge of the Engine belonging to the corporation, which company when accepted, shall be entitled to receive a certificate of membership individually, from the Recorder of the Common Council, which certificate may be produced as evidence of their right to the privilege of the 42d section of an act organizing and disciplining militia of the state of Ohio, passed Feb. 2d, 1822. And said Engine Company, may form a constitution and enact such by-laws and to be inforced [sic] under such penalties for the regulation and prompt attendance of their own company as a majority may think proper (provided such by-laws are not repugnant to the laws of this corporation, this state, or of the United States) and all fines and penalties incurred by any fireman, by violation of any of the by-laws thus made may be recovered by prosecution in the name of the Common Council of the town of Dayton before the President, or in his absence the Recorder, and all fines or forfeitures so collected, shall be paid to the Foreman of the company, for the benefit of said company.

Sec. 5. Be it further ordained, That is shall be the duty of the Fire Enginemen, at every alarm of fire to repair immediately to the Engine and convey it to or near the place where such fire may happen, and there, in conformity to the directions of the Egineer [sic] or the Foreman of said Company, work and manage the  Fire Engine with all their skill and power for the extinguishment of the fire, and when the fire is extinguished they shall return the Fire Engine, with all the implements and apparatus belonging thereto, well washed and cleansed to their place of deposit, and it shall be the duty of the Foreman  of said Fire Engine Company to appoint one or more of his company whose duty is shall be to convey to any fire that may occur all the fire buckets that may be in their possession, and when the fire is extinguished to return them, well washed and clean, to their place of deposit. And the Engine Company shall, at least once in every month, under the direction and order of their Foreman, draw out the Engine and wash, cleanse, and exercise the same. And all firemen created under the provisions of this Ordinance shall enjoy all the privileges thereof so long as they continue to perform the duties required of them and no longer.

Sec. 6. Be it further ordained, That a Hook and Ladder Company may be organized and accepted in the same manner as is provided in the fourth section of this ordinance for the organization and acceptance of the Fire Engine Company; to enjoy the same privileges, and be subject to all the regulations and restrictions pointed out in this ordinance for firemen, except the commutation on the streets. And all firemen created under the provisions of this ordinance (and not otherwise provided for) that shall neglect or refuse to obey the necessary orders of the Engineer, shall be liable to be removed and divested of all privileges granted to firemen by this Ordinance on representation to the Common Council of such neglect or refusal.

Sec. 7 Be it further ordained, That the Fire Engine Company may commute the labor required of them on the streets, by presenting to the supervisor of the Common Council their certificate of membership from the Recorder. Provided that such certificate shall not entitle any fireman to such commutation for more than one year unless renewed by order of the Common Council on application therefore by the Foreman, accompanied by a certified list of the members of said company.

Sec. 8  Be it further ordained, That it shall be the duty of the Marshall on every alarm of fire to repair to the place where such fire may happen, for the preservation of the public peace, for the removal of all suspicious persons, or others, not usefully employed in the extinguishment of fire, or the preservation of property.

Sec. 9. Be it further ordained, That if any chimney within this corporation shall take fire by neglect of being properly cleansed, the owner or occupant of the building to which such chimney appertains, shall forfeit and pay any sum not exceeding five dollars and no person or persons shall set or put fire in their chimney or chimneys for the purpose of cleansing the same except in the daytime, nor then unless it is raining or snow on the roofs of the houses, under the penalty of five dollars for every such offence, on conviction thereof before the President, or, in his absence the Recorder.

Sec. 10. Be it further ordained, That every person whose business occasion him to make shavings or chips of wood or any other material that will take fire shall, on Wednesday and Saturday of each week from the 20th of October to the 20th of March in each year, and on Saturdays the balance of the year, clear their shops, or places of work, of all their shavings or chips, and remove the same to some safe and convenient place where no injury will be sustained, and every person or persons neglecting so to do shall forfeit and pay for every such offence the sum of five dollars, on conviction thereof before the President, or, in his absence, the Recorder.

Sec. 11. Be it further ordained, That no person or persons shall put or keep any wheat, rye, oats, or barley in sheaf or straw, or fodder in stack or pile, within fifty yards of any building with the Inlots of this corporation, nor in any dwelling house whatever where fire is used for any purpose, and any person or persons so offending shall forfeit, and pay for every such offence any sum not exceeding ten dollars on conviction thereof before the President, or, in his absence, The Recorder.

Sec. 12. Be it further ordained, That any person or persons who shall injure the Fire Engine belonging to this corporation, or any of the apparatus thereto belonging or the house or houses in which they may be places, or shall place any obstructions in the way so as to hinder in any manner the free access to said Engine at all times, or shall remove or injure any of the fire buckets belonging to the Engine or Company, of shall injure or remove any of the fire hooks or ladders from their proper place of deposite [sic], except it be on the alarm of fire, for the purpose of extinguishing the same, or by the order of the proper officer, for the purpose of washing, cleansing, exercising, or repairing or other necessary purpose shall be fined in any sum not exceeding fifty dollars, on conviction thereof before any court having jurisdiction thereof.

Sec. 13. Be it further ordained, That no person or persons shall be allowed to keep in any house or other building within the boundaries of the in-lots of this corporation more than twenty-eight pounds of gun powder at any one time; which twenty eight pounds shall be divided into at least four parcels, and each parcel secured in stone jugs with tight stoppers or in tin canisters with safe and sufficient covers, and not more than seven pounds in any one jug or canister as aforesaid; and any person or persons keeping twenty-eight pounds of gun powder or a less quantity within the boundaries aforesaid, or shall neglect or refuse to parcel and secure the same in manner aforesaid shall forfeit the same to the corporation, and any person or persons keeping any greater quantity than twenty-eight pounds, within the boundaries aforesaid, shall forfeit the same, and shall also pay a fine of twenty dollars for each and every hundred weight that he, she, or they may have in their possession and in that proportion for any greater or less quantity on conviction thereof before the President, or in his absence, the Recorder. –Provided, that nothing in this ordinance shall be so construed as to prevent any person from conveying gun powder through the streets to some place of deposite [sic] without the limits aforesaid. Provided also, that all gun powder shall be put up in tight and sufficient kegs or casks.

Sec. 14. Be it further ordained, that is shall be the duty of the Marshall of any of the Fire Wardens on any day (Sunday excepted,) between sun rising and setting, to enter into any house or building within the bounds of the in lots within the corporation, where gun powder is kept, or suspected to be kept, and examine the premises, and if they, or either of them shall find any gun powder, contrary to the thirteenth section of this ordinance, they or either of them shall seize the same, in the name of the Common Council of the town of Dayton, and convey it to some place of deposite without the boundaries aforesaid, and if it shall be a Fire Warden that shall seize any gun powder as aforesaid he shall report the same to the Marshall, whose duty it shall be to sell the same, as well as all gun powder that may be seized by himself, for the benefit of the corporation, after having given three days notice of said sale by advertisement at the market house, which sale shall be made by samples, and at the market house on market day; to the highest bidder. And any person or persons resisting the Marshall or either of the Fire Wardens in entering into any house or building for the purpose of searching for gun powder as aforesaid or shall refuse to open any house or other building , where gun powder is suspected to be kept, shall forfeit and pay, for every such offence any sum not exceeding fifty dollars.  And it shall be the duty of the Marshall or the Fire Wardens or any of them, on finding any gun powder in any house or other building contrary to the provisions of this ordinance, to report the name of the owner or owners of, or occupant of any such house or building, or the owner or owners of any such gun powder so kept, to the President, or in his absence, the Recorder, for prosecution agreeably to the thirteenth section of this ordinance.

Sec. 15. Be it further ordained, That all officers created under the provisions of this ordinance, shall be subject to the controul [sic] of the Common Council, and the persons holding the same shall be liable to be displaced for any improper conduct, and successors appointed. All fines and forfeitures under this ordinance not otherwise appropriated shall be paid into the treasury of this corporation. This ordinance to take effect and be in force from and after the 25th day of this instant.

Passed January 13, 1826.

SIMEON BROADWELL, President

ATTEST—Warren Munger, Recorder.

 

 

An Ordinance

TO PREVENT NUISANCES

 

                     Sec. 1. Be it ordained by the Common Council of the town of Dayton, That if any person or persons shall place or cause to be placed in any of the streets or alleys, or any of the lots within this corporation, the carcase [sic] of any dead animal, or other offensive matter or substance, the person or persons so offending, shall forfeit and pay for every such offence a sum not less than one nor more than five dollars, for the use of the corporation.

                     Sec. 2. Be it further ordained, That is shall be the duty of every person or persons in whose possession any animal may die, to move or cause the same to be removed, without the limits of the corporation; and on neglect or refusal of any such person or persons to remove the same; he, she or they, so offending shall forfeit and pay, for the use of the corporation, a sum not less than twenty-five cents, nor more than one dollar, for every hour the same shall remain thereafter.

                     Sec. 3 Be it further ordained, That if any dead animal of other offensive matter or substance, shall be left in any of the streets, alleys, lots or commons of this corporation, and the person leaving the same cannot be found, it shall be the duty of the Town Marshal, either on his own knowledge or on the information of others, to cause such dead animal, or other offensive matter or substance to be removed, and the offender shall be discovered.

                     Sec. 4. Be it further ordained, That any person or persons who shall dig a hole or holes in any of the streets or alleys in the town of Dayton or on the common, unless under the direction of the town Supervisor shall forfeit and pay for every such offence, a sum not exceeding five dollars nor less than fifty cents; and shall, moreover, be subject to the penalty of one dollar for every twenty-four hours such hole or holes shall remain open, after a conviction shall be had as aforesaid.

                     Sec. 5. Be it further ordained, That the burning of coal-pits within the limits of the town lots is declared to be a nuisance, and that any person or persons who shall permit or cause one to be set on fire, shall on conviction thereof, be fined in a sum not less than five nor more than ten dollars.

Sec. 6. Be it further ordained, That if any person or persons shall suffer any filth of any description which may be injurious to the health of any person or persons, to remain in the front or back yards of the dwelling house, out house, kitchen, or stable, more than one day, he, she, or they so offending, shall forfeit and pay one dollar for every offence, and twenty-five cents for each and every day the same shall remain thereafter.

                     Sec. 7. Be it further ordained, That if any person or persons residing within the bounds of the in-lots shall make, cause or procure to be made a gutter or drain so as to carry the slop from the dwelling house, kitchen or pump of any person into the gutters on either side of Main street, or of the other streets within the in-lots, shall forfeit and pay for the first offence the sum of one dollar, and the sum of fifty cents for each and every day the same shall remain thereafter.

                     Sec. 8. Be it further ordained, That if any person or persons shall throw or cause or procure to be thrown or placed within any of the streets or alleys within the limits of the in-lots, any manure or other offensive matter from the stable, outhouse, hogpen or other building of any person, the person or persons so offending for every offence shall forfeit and pay the sum of fifty cents, and also the sum of fifty cents for each and every week the same shall so remain unremoved.

                     Sec. 9. Be it further ordained, That is shall be the duty of each and every person removing any dead animal made necessary to be removed by this ordinance, to bury the same in such manner as will prevent any stench proceeding therefrom , under the penalty of one dollar for each and every offence.

                     Sec. 10. Be it further ordained, That no privy, shall hereafter be erected within the bounds of the in-lots of this corporation without a vault at the least eight feet deep and sufficiently walled with stone, brick or wood, and any person or persons neglecting to comply with this section, shall forfeit and pay any sum not exceeding ten dollars on conviction thereof before the President, or in his absence, the Recorder, and also, all privies now erected which shall at any time hereafter become offensive to any of the inhabitants of this corporation, shall be considered as a nuisance; and it shall be the duty of the Marshall on complaint made, to examine the same and if in his opinion there is just cause of complaint, and that the same is not in good order, he shall notify the owner or owners occupier or occupiers to remove, clear, or repair the same in such manner as will effectually prevent the same from being a nuisance thereafter. And if such person or persons shall neglect or refuse so to do (after notice by the Marshall as aforesaid) he, she, or they so offending shall forfeit and pay the sum of one dollar for every such offence, and the further sum of one dollar for each and every twenty-four hours the same shall remain thereafter.

                     Sec. 11. Be it further ordained, That all fines and penalties accruing by this ordinance shall be recovered before the President, or his absence, the Recorder, and shall be paid into the treasury, for the use of the corporation. This ordinance to take effect and be in force from and after the 15th day of February next. All ordinances coming within the perview or this hereby repealed. Passes on the 9th of January, 1826.

                     SIMEON BROADWELL, President.

ATTEST—WARREN MUNGER, Recorder.

 

An Ordinance,

REGULATING PUBLIC SHOWS AND THEATRICAL PERFORMANCES.

Sec. 1 Be it ordained by the Common Council of the town of Dayton, That any person or persons who shall hereafter exhibit within the bounds of this corporation any public show, theatrical performance, feats of activity or artificial curiosity, shall previous to such exhibition obtain permission from the President, or, in his absence, the Recorder to exhibit the same, and the President, or, in his absence, the Recorder is hereby authorized to grant such licence on the applicant’s producing the receipt of the treasurer of the corporation for any sum not less than two dollars, nor more than twenty dollars for each twenty-four hours the same may be exhibited.  The President, or, in his absence, the Recorder fixing the amount to be paid to the treasurer as aforesaid.

Sec. 2. Be it further ordained, That any person or persons exhibiting in any of the above cases without having obtained such licence, he, she, or they so offending shall forfeit and pay the sum of fifty dollars to be recovered on complaint to the President, or, in his absence, the Recorder, for the benefit of the corpotation.

Sec. 3 Be it further ordained, That this ordinance shall take effect and be in force from and after the 15th day of February next. All ordinances heretofore passed on this subject are hereby repealed.

Passed on the 9th day of January, 1826

SIMEON BROADWELL, President.

 

ATTEST—WARREN MUNGER, Recorder

 

An Ordinance,

TO PREVENT OBSTRUCTING THE STREETS AND ALLEYS.

 

                     Sec. 1. Be it ordained by the Common Council of the town of Dayton, That if any owner or owners, occupier or occupiers of any in-lot, or lots or part or parts of in-lots adjoining such street or streets, or parts of streets, the side walks of which are required to be paved or graveled, shall permit or suffer any fire wood to be unloaded or placed in any of said streets or alleys opposite or adjoining the same, and shall suffer the same to remain in such street or alley for a greater length of time than eight hours, he, she or they so offending shall forfeit and pay for every such offence the sum of twenty-five cents, and the like sum for every hour the same shall remain thereafter.

                     Sec. 2. Be it further ordained, That if any person or persons shall unload any wood on the side walk or in any manner obstruct the same, the owner or occupiers of the lot adjoining said walk , for every such offence shall forfeit and pay the sum of fifty cents and costs; Provided, that in the computation of time any wood remains on the street Sundays and nights shall not be computed.

                     Sec. 3. Be it further ordained, That if any person or persons improving on any in-lot or lots on which there may not be sufficient room to place the stone, brick, timber or other building materials with convenience, such person or persons may on application to the President, or, in his absence, the Recorder, receive a permit for such stone, brick, timber, or other building materials to remain in such street or alley, for such time as may be deemed reasonable for the completion of the building; Provided no street, alley or walk be unnecessarily obstructed.

                     Sec. 4. Be it further ordained, That if any person or persons shall obstruct any street or alley, by placing stone, brick, timber or other building materials, in the same without such permit as is provided in the third section of this ordinance, such person or persons shall forfeit and pay the sum of one dollar, and the further sum of one dollar for every day (Sundays excepted) the obstruction shall remain thereafter.

                     Sec. 5. Be it further ordained, That if any person or persons, shall obstruct any of the side walks, streets, or alleys by boxes, barrels, or other materials, he, she, or they, shall forfeit and pay for every such offence, the sum of fifty cents: Provided nothing herein contained shall prevent loading or unloading any goods, wears, or merchandize.

                     Sec. 6. Be it further ordained, That all fines and penalties, incurred by this ordinance, shall be recovered on complaint to the President, or, in his absence, the Recorder, to be paid into the Treasury. This ordinance to take effect and be in force from and after the 15th of February next; and all ordinances heretofore passed on this subject are hereby repealed.

Passed January 9, 1826.

SIMEON BROADWELL, President

ATTEST—WARREN MUNGER, Recorder

 

An Ordinance

TO CLEAR AND KEEP THE SIDE GUTTERS OPEN.

 

                     Sec. 1. Be it ordained by the Common Council of the town of Dayton, That the owner or owners, occupier or occupiers, agent or agents, of any lot or lots, or part of lot or lots, where there are side gutters in the street, opposite said lot or lots, or part of lot or lots, shall as often as the side gutters become obstructed in any manner, clear out and cleanse or cause to be cleared and cleansed, the side gutters in such a manner, that the water will pass off freely the whole front of said lot or lots, or parts of lot or lots, and to the centre of the street of alley, if any there by; any person or persons as aforesaid, neglecting to clean and cleanse the side gutters as aforesaid, shall forfeit and pay the sum of one dollar and costs for each and every hour the same remains obstructed.

 

                     Sec. 2. Be it further ordained, That all persons in cleaning and cleansing said gutters, shall remove the filth or other matter at least twelve feet from the side walks, and if any person or persons, shall willfully place, or cause to be placed any obstruction in the side gutters, shall forfeit and pay any sum not exceeding five dollars.

 

                     Sec. 3. Be it further ordained, That all fines and forfeitures accruing under this ordinance, shall be collected on complaint made to the President, or his absence, the Recorder, to be paid into the Treasury. This ordinance to take effect and be in force from and after the 15th day of February next; and all ordinances heretofore passed on this subject are hereby repealed. Passed the 9th day of January 1826.

SIMEON BROADWELL, President

ATTEST—Warren Munger, Recorder

 

An Ordinance

DECLARING THE DUTIES OF THE MARSHAL.

 

                     Sec. 1. Be it ordained by the Common Council of the town of Dayton, That it shall be the duty of the Marshal to suppress all riots, disturbances, and breaches of the peace, to apprehend all rioters, disorderly persons, or disturbers of the peace, and forthwith convey them before the President, or, in his absence, the Recorder, to be dealt with according to law. Also to see that all the ordinances that are in force are carried into effect, and also it [sic] his duty on his knowledge of the breach of any ordinance, to inform the President thereof, or in his absence, the Recorder, whose duty it shall be to proceed as in other cases.

                     Sec. 2. Be it further ordained, That if any by stander when commanded by the Marshal, shall refuse or neglect to aid him in apprehending and conveying any offender to the President, or in his absence, the Recorder, such person on conviction thereof, shall be fined in any sum not exceeding ten dollars and costs.

                     Sec. 3. Be it further ordained, That all fines and penalties incurred by this ordinance, shall be collected on complaint made to the President, or in his absence, the Recorder, to be paid into the Treasury. This ordinance to take effect and be in force from and after the 15th day of February next; and all ordinances heretofore passed on this subject, are hereby repealed.

Passed the 13th day of January 1826.

SIMEON BROADWELL, President

ATTEST—WARREN MUNGER, RECORDER.

 

An Ordinance,

REQUIRING THE OWNER OR OWNERS OF LOTS TO PAVE OR GRAVEL, AND KEEP IN REPAIR THE SIDE WALKS IN THE TOWN OF DAYTON.

 

                     Sec. 1. Be it ordained by the Common Council of the town of Dayton, That the owner or owners of lots or parts of lots on Water-street, in the town of Dayton, from Mill-street to Ludlow-street, on First-street from Mill-street to Wilkinson-street, and from Wilkinson-street to Bridge-street on the north side, on Second street from the south-east corner of in-lot No. 93, onward by George Harris to Wilkinson street, on Third-street from St. Clair’s-street to Wilkinson street, on Fourth-street from St. Clair’s street to Ludlow street, on Fifth-street from Main-street to the grave-yard, on the south side on St. Clair’s –street from First-street, on the west side to Third-street, on Jefferson-street from First-street to Fourth-street, and on the west side to South street, on Main-street from Water-street to South street, on Ludlow street from First-street to Fifth-street, shall pave with brick or stone, or completely gravel those parts of said streets in front of their lots designated on the plat of the town of Dayton for side walks, eight feet and one fourth wide, so as to make it as dry and level as the situation of the ground will permit.

Sec. 2. Be it further ordained, That the owner or owners of the lot or lots, or part or parts of lots shall pave or gravel and keep in repair the side walks on any of the streets mentioned in the first section of this ordinance within twenty days after he, she or they have been notified that such walk or walks are required to be paved or graveled by the Common Council, any person or persons neglecting to comply with this section shall on conviction thereof, forfeit, and pay the sum of one dollar, and shall moreover pay the full amount of the costs and expenses that may accrue in paving or gravelling or keeping in repair the side walk or side walks that are required to be paved or graveled as aforesaid; and it shall be the duty of the Marshal on failure of any person or persons to pave, gravel or repair as soon as practicable, the side walks as aforesaid to cause the same to be paved, graveled, or repaired and keep an accurate account of the same, and make return thereof to the President, or, in his absence the Recorder, whose duty it shall be to proceed and recover the same from the person or persons so neglecting to comply herewith.

Sec. 3. Be it further ordained, That no notice shall be required where the owner or owners of the lots, where side walks are required to be made, are non-residents, except they have a known agent, residing within this corporation; and it is hereby declared to be the duty of the Marshal, on the order of the Council to make or cause to be made, the said side walks in the manner provided by this ordinance and keep an accurate account of the expenses and make return thereof to the President, or, in his absence, the Recorder, and it shall be the duty of the President, or in his absence, the Recorder, to proceed to collect the same as soon as practicable. All fines and forfeitures accruing under this ordinance, shall be collected on complaint made to the President, or, in his absence, the Recorder, and be paid into the Treasury. This ordinance to take effect and be in force from and after the 15th of February next; and all ordinances heretofore passed on this subject are hereby repealed.

Passed January 13th, 1826.

SIMEON BROADWELL, President.

ATTEST—WARREN MUNGER,Recorder.

 

An Ordinance

TO REGULATE MARKET IN THE TOWN OF DAYTON.

Sec. 1 Be it ordained by the Common Council of the town of Dayton, That the market house now erected in Second-street, between Jefferson and Main-streets, is hereby declared a public market-house, and Wednesday and Saturday of each week are hereby declared to be market days from four o’clock, A.M. to nine o’clock A.M., from the twentieth of March to the twentieth of September to the twentieth of March, from five o’clock A.M. to ten o’clock A.M.

Sec. 2 Be it further ordained, That the following market produce shall not be sold or bought within the bounds of the corporation, on any other day of the week than market days, nor on market days, except being first offered for sale in or about the markethouse, to wit: butter, cheese, eggs, poultry, fresh meat, fruits and vegetables [sic] of all kinds.

Sec. 3 Be it further ordained, That fresh meat of all kinds and fish may be sold on any day of the week until eight o’clock A.M. Provided, that nothing herein contained shall prevent the buying and selling beef by the quarter, and pork by the quantity of not less than fifty pounds, at any time or place.

Sec. 4. Be it further ordained, That if any person or persons trespass against this ordinance, by buying or selling, or offering to buy or sell any thing contrary to this ordinance, on conviction thereof before the President, or in his absence, the Recorder, they shall be fined in any sum not exceeding ten dollars, with costs.

Sec. 5. Be it further ordained, That if any person or persons shall buy or procure to be bought any of the articles mentioned in the second section of this ordinance, designed for the market, or that has been offering for sale in market, for the purpose of transportation, re-selling or re-tailing the same, or shall resell or re-tail the same, brought as aforesaid, he, she or they so offending shall forfeit and pay for the use of the Common Council for each and every such offence, a sum not exceeding fifteen dollars and costs, on conviction thereof before the President, or in his absence, the Recorder.

Sec. 6. Be it further ordained, That no grocer, retailer, butcher, huckster, or any of them, or any other person during market hours shall stipulate for, or purchase any of the aforesaid articles to be delivered after the close of market hours for the purpose of reselling, under the penalty of fifteen dollars and costs for each offence; Provided that any person shall be permitted to purchase any articles aforesaid, after the close of market hours. The fine to be recovered before the President, or in his absence, the Recorder.

Sec. 7. Be it further ordained, That the clerk of the market shall keep at the market-house, one pair of large and one pair of small scales, and the necessary weights for each of the standard avordupois  weight, which shall be the standard of all articles sold by weight in said market.

Sec. 8. Be it further ordained, That the clerk of the market shall cause the market-house to be kept in repair, and the day before each market to be cleansed and swept; and to cause teams, waggons [sic] and other conveyances to be so places as best to suit the convenience of buyers and sellers, to prevent all disorders and obstructions in said market to see that no unwholesome, damaged, or spoiled provisions, be brought thereto and that no light weights of false measures be used therein, and if any person or persons shall refuse to conform to the directions given by the said clerk, or shall resist or molest him in the discharge of his duty, every person so offending shall on conviction thereof before the President, or, in his absence, the Recorder, be fined in any sum not exceeding five dollars and costs.

Sec. 9. Be it further ordained, That if any person or persons shall offer for sale or sell at the market, any unwholesome, damaged or spoiled provisions of any kind, or shall sell or offer for sale any provisions as aforesaid at a less weight or measure than the article so offered or sold really weighs or measures, every person so offending shall forfeit and pay for every such offence on conviction thereof before the President, or, in his absence, the Recorder, any sum not exceeding five dollars and costs: Provided that if any butter be offered for sale, it shall be by the pound, and if less than its true weight the clerk of the market shall seize the same, and sell it at public sale to the highest bidder for the benefit of the corporation.

Sec. 10 Be it further ordained, That if any person or persons shall break or injure the market-house, or shall injure or destroy any of the fixtures of apparatus thereto belonging, every person so offending shall forfeit and pay on conviction thereof before the President, or, on his absence, the Recorder, any sum not exceeding fifty dollars.

Sec. 11. Be it further ordained, That if any person or persons shall use or occupy any stall or part thereof in the market by cutting up meat or hanging it thereon, or making use of it for that purpose without having rented the same from the clerk of the market, or obtained leave from the person who has rented it, for every such offence such person or persons shall forfeit and pay any sum not exceeding one dollar and costs to be recovered before the President, or in his absence the Recorder.

Sec. 12. Be it further ordained, That no butcher or other person occupying or using any stall or sidebench, shall be permitted to bring his own or any other person’s dog or bitch into the market-house on market days, nor shall it be lawful for any such person to suffer any dog or bitch to remain in or about his, her, or their stall or side bench during the time he, she or they may remain at the market-house, under the penalty of fifty cents and costs of suit to be recovered on conviction thereof, before the President, or, in his absence the Recorder, and it shall be the duty of the market master to make complaint thereof.

Sec. 13. Be it further ordained, That all ordinances and parts of ordinances heretofore passed regulating the market in the town of Dayton, be and the same are hereby repealed; this ordinance to take effect and be in force from and after the 15th day of February next. Passed the 9th of Jan. 1826.

SIMEON BROADWELL,President.

ATTEST—WARREN MUNGER,Recorder.

 

An Ordinance

TO PREVENT IMPROPER PRACTICES

Sec. 1. Be it ordained by the Common Council of the town of Dayton, That if any person or persons, shall unnecessarily gallop, race or run any horse, mare or gelding, within the streets, alleys, or commons of this corporation, he, she, or they, so offending, shall forfeit and pay, for each and every such offence a sum not less than fifty cents nor more than five dollars, for the use of the corporation.

Sec. 2. Be it further ordained, That if any person or persons having charge of any team, sled or waggon [sic], chair, or carriage, drawn by one or more horses, shall move the same at a greater speed than a trot within the limits of this corporation, such person or persons so offending, shall, for every such offence, forfeit and pay a sum not less than fifty cents nor more than five dollars, for the use of the corporation.

Sec. 3. Be it further ordained, That if any person or persons, owner or driver of any sled, waggon [sic], pleasure carriage, or team, shall, for want of due care, suffer the horse or horses to run away with the same, in any of the streets, alleys, or commons of this corporation, such person or persons so offending, shall, for every such offence, be fined in a  sum not less than one nor more than ten dollars, for the use of the corporation.

Sec. 4. Be it further ordained, That if any person or persons shall unnecessarily, drive, ride or lead any horse, mare, or gelding, or shall drive any cart, waggon [sic], or pleasure carriage, over the paved or graveled side walks, in any street within this corporation, such person or persons so offending, shall, for every such offence, be fined in a sum not less than twenty-five cents, nor more than one dollar, for the use of the corporation.

Sec. 5. Be it further ordained, That if any person or persons shall swim or wash themselves (being naked at the time) in the river or mill-race, from the old or corn-mill on the race to the saw-mill on the east of the town or from the old or corn-mill down the Miami river within the bounds of the corporation of the town of Dayton, such person or persons so offending, for every such offence, shall be fined in a sum not less than fifty cents, nor more than one dollar.

Sec. 6. Be it further ordained, That if any person or persons shall shoot or fire any gun or guns within the limits of the town lots, at any time, except on the 4th of July, or days of public rejoicing, such person or persons, so offending, shall be fined for every such offence, in a sum not less than twenty-five cents, nor more than three dollars, for the use of the corporation: Provided, that firing by militia companies on muster days, by command of the officers commanding the same, shall not be considered a violation of this ordinance.

Sec. 7. Be it further ordained, That if any person or persons shall address any wanton or obscene language to or in the presence of another, of shall exhibit any wanton, lewd or obscene gestures or conduct, or shall exhibit himself, or herself, to public view, either naked or in any other way exposed in an indecent manner, he, she, or they, so offending, on conviction thereof, shall be fined in any sum not exceeding ten dollars and costs.

Sec. 8. Be it further ordained, That any person or persons who shall behave in a disorderly manner, by making a noise or otherwise disturbing the peace of the citizens of the town, shall, on conviction thereof, be fined in any sum not less than twenty-five cents nor more than five dollars.

Sec. 9. Be it further ordained, That all fines and penalties accruing under this ordinance shall be revered before the President, or, in his absence, the Recorder, and shall be paid into the treasury for the use of the corporation. This ordinance to take effect and be in force from and after the 15th day of February next. All ordinances coming within the purview of this are hereby repealed.

Passed January 9, 1826.

SIMEON BROADWELL, President

ATTEST—WARREN MUNGER,Recorder.

 

An Ordinace

TAXING DOGS.

Sec. 1. Be it ordained by the Common Council of the town of Dayton, That if any person or persons residing within the bounds of this corporation, shall own, or shall permit or suffer any dog, or dogs, slut, or sluts to be about his, her, or their premises, such person shall pay a tax of fifty cents for one dog and for the second dog such person or persons, shall pay a tax of one dollar and fifty cents, and for each and every dog in addition, the sum of five dollars; for one slut two dollars, and for each and every slut in addition, the sum of five dollars.

Sec. 2. Be it further ordained, That it shall be the duty of the lister of this corporation, between the first day of May and the first of June, annually, to take from each person or persons, residing within the bounds of the corporation as aforasaid [sic], a list of all dogs or sluts by such person or persons owned, or by such person or persons permitted or suffered to be about their premises, and make return thereof to the President, or Recorder, on or before the first day of June, annually.

Sec. 3. Be it further ordained, That if any person or persons shall refuse to give a list of such dog or dogs, slut or sluts, when required, agreeable to this ordinance, or shall fraudulently omit to give the lister a true list of such dog, or dogs, slut, or sluts, it shall be the duty of the lister to take a list from the best means he can obtain, and note the same, and such person or persons shall be taxed four fold for such property, and the lister shall notify such person or persons of such list, that such person or persons may have a hearing before the council at their next meeting.

Sec. 4. Be it further ordained, That is shall be the duty of the Recorder, to make out a duplicate of the taxes aforesaid agreeably to the return of the lister as aforesaid, and the same shall be collected as other taxes. This ordinance to take effect and be in force from and after the 15th day of February next.

Passed January 13th, 1826.

SIMEON BROADWELL, President.

ATTEST—WARREN MUNGER, Recorder.

 

An Ordinance

ON THE SUBJECT OF STUD HORSES.

 

Sec. 1. Be it ordained by the Common Council of the town of Dayton, That any person shewing a stud horse in any street, or suffering him to cover a mare in any street or lot in open view, on conviction shall forfeit and pay any sum not less than fifty cents nor more than five dollars.

This ordinance to take effect from and after the 15th day of February next.

Passed the  the 13th day of January 1826.

SIMEON BROADWELL, President.

ATTEST—WARREN MUNGER,Recorder.

 

An Ordinance

REGULATING HOGS &C.

 

Sec. 1. Be it ordained by the Common Council of the town of Dayton, That the inhabitants residing within the bounds of this corporation, after the 10th day of May next, shall not permit breeding sows, or seed hogs, to run at large, within the bounds of this corporation.

Sec. 2. Be it further ordained, That the Marshal shall cause to be constructed at the expense of said corporation, a suitable and substantial pound, for the safe keeping of such swine as he may cause to be placed therein, agreeable to the provisions of this ordinance.

Sec. 3. Be it further ordained, That the Marshal shall cause all swine running at large contrary to the provisions of the first seat of this ordinance to be conveyed to the pound provided for that purpose and securely kept therein, until sold by him, or disposed of, as hereafter directed.

Sec. 4. Be it further ordained, That the Marshal shall give public notice at the market-house on any market day during market hours, of the number and description of swine impounded, and by whom owned, if by him known, and at what time said swine will be offered for sale, at which time, or at any time previous, it shall be the privilege of the owner or owners of swine impounded, to redeem the same, by paying to the Marshall one dollar, and such expense as the impounding and keeping said swine may have occasioned.

Sec. 5. Be it further ordained, That after deducting one dollar per head, and the expense of impounding and keeping said swine, the Marshall shall pay the balance of any monies made upon the sale thereof, to the established owner or owners of said swine if demanded within 30 days from the day of sale, otherwise the same shall be paid over to the Treasurer for the use of the corporation.

Sec. 6. Be it further ordained, That if any person or persons shall obstruct, or attempt to obstruct the Marshal, or any of his agents in carrying into effect this ordinance, or shall in any manner destroy, alter, or damage the pound erected by him in compliance with this ordinance, every such person, his, or her aiders or abettors upon conviction thereof shall be fined in any sum not less than five dollars nor more than 50 dollars, or imprisonment, or both; at the discretion of the President, or, in his absence, the Recorder. This ordinance to take effect, and be in force from and after the 15th day of February next. Passed on the 9th day of January, 1826.

SIMEON BROADWELL, President.

ATTEST—WARREN MUNGER, Recorder.

 

p. 32

An Ordinance

REGULATING MILLS, &C.

 

Sec. 1. Be it ordained by the Common Council of the town of Dayton, That from and after the first day of March, to the first day of December, in each year, the passage of the water through the tail race of the saw mill near the town, shall not be obstructed so as to prevent the margin of said tail race from being uniformly and constantly inundated with water of the same depth as is produced in said tail race during the complete operation of said mill; and further that during the same period the occupier or occupiers of said mill shall not cause the water in the head race to be reduced in fullness excepting in either case where improvements or repairs on said mill or race require such obstructions.

Sec. 2. Be it further ordained, That for every violation of this ordinance, the occupier or occupiers of said saw-mill, on conviction thereof, before the President, or, in his absence, the Recorder, shall pay a fine of not less than five dollars nor more that fifty dollars for each and every twelve hours the obstruction shall be so continued. This ordinance to take effect and be in force from and after the publication thereof.

 

Passed the 9th day of January 1826.

 

SIMEON BROADWELL, President.

ATTEST—WARREN MUNGER, Recorder.

 

p. 33 [This page has been crossed out with a large “x”]

 

An Ordinance

DELARING THE DUTIES OF SUPERVISOR.

 

Sec. 1. Be it ordained by the Common Council of the town of Dayton, That it shall be the duty of the supervisor to require of every able bodied male person, who is above the age of twenty-one years and shall have resided three months within the limits of the corporation, being a land holder or house holder, to perform one days labour on the streets and public highways within said corporation annually.

Sec. 2. Be it further ordained, That it shall be the duty of the supervisor to give each one three days’ notice of the time and place, and what kind of tools to bring with him to labor with; and each person who shall neglect to attend or send a suitable person to the acceptance of the supervisor, or shall refuse to perform the duties required of him by the supervisor, shall pay the sum of fifty cents.

Sec. 3. Be it further ordained, That it shall be the duty of the supervisor to return, within ten days after such neglect or refusal, a list of all delinquents, having first made a demand of each for the payment of their fines.

Sec. 4. Be it further ordained, That the supervisor shall allow each person (to the number he may deem sufficient) who shall furnish a waggon[sic] and two horses with an able bodied hand to drive and assist as the supervisor may direct, a sum not exceeding one dollar and fifty cents per day. The supervisor always to be under the controul [sic] and direction of the Council. This ordinance to take effect and be in force from and

p. 34

after the 15th day of February next; all ordinances heretofore passed on this subject are hereby repealed.

Passed January 9th, 1826.

         SIMEON BROADWELL, President

ATTEST-WARREN MUNGER, Recorder.

 

[Page 34 also has a large “x” through it]

 

An Ordinance

TO REGULATE THE CONSTRUCTION OF HEARTHS, STOVE PIPES, AND PREVENT THE BURNING OF SHAVINGS, &c

 

Sec. 1. Be it ordained by the Common Council of the town of Dayton, That is shall be the duty of all persons hereafter building any hearth or hearths within the bounds of the inlots of this corporation to construct the same on a stone or brick arch; and in all cases where the back of the fire-place shall be three feet or more wide, the hearth shall extend at least twenty-four inches in front beyond the jambs; and where the back of the fire-place shall be less than three feet wide, the hearth shall extend not less than twenty-two inches in front of the jambs.

Sec. 2. Be it further ordained, That is shall be the duty of all persons useing[sic] any stove or stoves in any house, store, shop, or other building within this corporation so to construct the pipes at their intersection with any floor, partition, roof, window, or side of the building through which it passes the pipe shall be made to pass through a hole sufficiently large to admit the pipe through the same in such manner that there shall be at least two inches in the clear between the pipe and any wood or other combustible that may be about the same, and the pipe sufficiently protected to prevent any damage from fire; and the pipe shall in all cases extend at least two feet beyond the roof or side of the building through which it passes, and if the same pass through the side of a building it shall be caped with a cross pipe not less than eighteen inches in length.

Sec. 3. Be it further ordained, That it shall not be lawful for any person or persons to burn any shavings or other combustibles in any of the streets or alleys of this corporation, except workmen whose business necessarily requires out door fire, (nor then if the fire endangers any house of building or any description) and shall be immediately extinguished as soon as the purpose is effected for which it was built, and any person or persons burning any shavings or other combustibles contrary to the provisions aforesaid shall be liable for all damages and be fines in any sum not exceeding ten dollars on conviction  thereof before the President, or, in his absence, the Recorder to be paid into the treasury. This ordinance to take effect and be in force from and after the 15th day of February next.

Passed the 13th day of January 1826.

SIMEON BROADWELL, President.

ATTEST—WARREN MUNGER, Recorder.

 

An Ordinance

TO REPEAL ALL ORDINANCES EXCEPT THOSE CONTAINED IN THIS PAMPHLET.

Sec. 1. Be it ordained by the Common Council of the town of Dayton, That all ordinances except those which are contained in this book shall be and the same are hereby repealed. Passed the 13th day of January, 1826. This ordinance to take effect from the 15th day of February next.

SIMEON BROADWELL, President.

ATTEST—WARREN MUNGER, Recorder.

 

p. 37

AN ACT

To incorporate the town of Dayton, in the county of Montgomery.

 

Sec. 1. Be it enacted by the General Assembly of the state of Ohio, That such part of the township of Dayton, in the county of Montgomery as is included within the following limits and boundaries, that is to say: Beginning on the bank of the Great Miami river, where the sectional line between the second and third sections of the first township and seventh range intersects the same; thence east with the same to the middle of section thirty-three, second township, seventh range; thence down the same to the place of beginning, be and the same is hereby erected into a town corporate, which shall henceforth be known and distinguished by the name of the town of Dayton, subject however, to such alterations and regulations as the legislature may from time to time prescribe.

Sec. 2. Be it further enacted, That for the better ordering and governing the said town of Dayton and the inhabitants thereof, there shall be therein a president recorder and five trustees, who shall be elected and sworn as hereinafter directed, which president, recorder and trustees shall be one body corporate and politic; with perpetual succession, to be known and distinguished by the name of the common council of the town of Dayton; and also that they and their successors, by the name aforesaid, shall be able and capable to receive, acquire, hold and convey any estate real or personal for the use of said town (provided that the clear annual income thereof shall not exceed four thousand dollars;) and shall also be capable in law, by the name aforesaid, of suing and being sued, of pleading

p. 38

and being impleaded, in any action or suit in any court in this state; and when any action or suit shall be commenced against the said common council, the first process shall be a summons, an attested copy of which shall be left with the recorder, or at his usual place or abode, at least four days before the return thereof, and the said common council are hereby authorised[sic] to have a common seal for the use of the said corporation, and the same to altar or renew at their pleasure.

                     Sec. 3. Be it further enacted, That the white male freeholders & householders being of the age of twenty-one years, who have resided one year in the said town of Dayton previous to the election shall assemble between the hours of one o’clock, P.M. and four o’clock, P.M. on the first Saturday of March annually, at the usual place of holding elections in the said town, and then and there elect, by ballot, a president, recorder and five trustees, who shall be designated on the tickets for the respective offices; and  the president, recorder and trustees so elected, shall hold their respective offices for the term of one year, and until their successors are duly elected and qualified; and each of said officers shall within five days after notice of his appointment, take an oath or affirmation to support the constitution of the United States and of this state and also, faithfully to discharge the duties of his respective office, to be administered by some person authorised to administer oaths and affirmations; and every election to be held under this act shall be conducted agreeable to the law regulating township elections, until otherwise directed by the common council.

                     Sec. 4. Be it further enacted, That the president of said council shall be a conversator of the peace within the limits of said town, and shall have the same power of a justice of the peace in criminal cases, to apprehend, commit, fine or hold to bail for any offence against the laws of this state, committed within the limits of said corporation; and the town marshal shall execute all process to him directed, and shall have the same power and authority of a constable in criminal cases, within the limits of said corporation; and it shall be the duty of the marshal to suppress all riots, disturbances and breaches of the peace, and with or without process to apprehend all rioters, disorderly persons or disturbers of the peace of the town, and forthwith convey them to the president, and in case of resistance it shall be lawful for him to command the aid of any by stander in apprehending and conveying such offender to the president’s office, and it shall be the duty of the president forthwith to hear and determine the complaint.

                     Sec. 5. Be it further enacted, That the said common council of the town of Dayton, four members of which the president or recorder being one, shall constitute a quorum, shall and may from time to time, or at any time, hold a common council in said town, at such place as the president or recorder shall appoint and shall have full power and authority to pass and publish all such laws and ordinances as to them shall seem necessary, relative to the regulations of streets, alleys and highways, to cleaning, raising, draining, turnpiking, or otherwise keeping the same in repair; to causing and requiring owners of in-lots to pave or gravel the side-walks in front of their respective in-lots, in such part of parts of said town, as the said common council shall from time to time prescribe; to establishing and regulating markets; to regulating the assize of bread from time to time; and at all time hereafter to restraining swine from running at large within the said town, or otherwise regulating them; Provided nothing herein contained shall be so construed as to subject cattle, sheep, hogs or  other animals not belonging to

p. 40

said town, to be abused, taken up, or sold for coming in and passing through the bounds of said corporation, relative to nuisances within the said town, to buildings public or private, to public walks, to trees for ornament or use, public or private, to cleaning of chimnies, to preventing and extinguishing fires in said town, to regulating the heights and extent of fences before door yards in the said town, to imposing reasonable fines upon all persons transgressing against the laws and ordinances made aforesaid, and to pass and publish, all such other laws and ordinances, as the said common council shall deem necessary and proper for the health, safety, cleanliness, convenience and good government of the said town of Dayton, and the inhabitants thereof, not contrary to the constitution and laws of the United States and of this state, all which laws and ordinances passed as aforesaid, shall be kept by the recorder, and the contents thereof shall be made known by advertisements, in two public places in said town, or by publication in some newspaper printed in the said town, three days after which advertisement or publication, they  shall be in force, and shall so remain until repealed, altered or amended by the common council of the said town, or by the legislature of the state, or by a judgment of the court of common pleas of Montgomery county, or of the supreme court of this state, be declared repugnant to the constitution or laws of the United States or of this state.

                     Sec. 6 Be it further enacted, That the said common council shall and may appoint one of their own body to administer all necessary oaths or affirmations, and shall and may appoint a marshal, (who may be appointed and act as collector) a treasurer, assessor, collector, supervisor of highway, clerk of the market, and such other subordinate officers as they may think necessary, who shall hold their respective offices until the next annual election of the common council, and until their successors are duly appointed and qualified; and the said common council shall be and is hereby authorised to allow from time to time such fees to the officers so appointed, and to impose such fines for refusing to accept such offices, or for misconduct in the same as to them may seem necessary and proper: Provided, That no fines for refusal to accept an office, having had two days previous notice of such appointment shall exceed  the sum of five dollars and the said common council shall also have the power to fill all vacancies that may happen in the common council, and the appointment so made shall continue until the next annual election, and until the successors of the persons so appointed are duly elected and qualified.

                     Sec. 7. Be it further enacted, That the president of the common council shall, and he is hereby authorised and empowered, upon view or information of the violation of any law or ordinance passed by the said common council, to issue a warrant directed to the marshal, commanding him to bring before him the person or persons offending, and shall have power to summon witnesses, and to impose fines for neglect or refusal to obey such summons, to administer all necessary oaths or affirmations, and to hear and determine such accusation, and on conviction to impose such fines as the laws and ordinances shall prescribe; and shall allow to witnesses such fees as are allowed by law to witnesses in civil cases, and to the marshal such fees for serving process, and the other services required of him, as are allowed by law to constables in civil cases, and tax such costs against the person or persons so convicted; and the said president or recorder shall cause such fine or fines to be collected, together with costs by execution, directed to the marshal commanding him to cause to be made the fine or fines so im-

p. 42

posed as aforesaid, together with costs, of the goods and chattels of the person or persons so convicted; & if sufficient goods and chattels cannot be found, to commit the person or persons so convicted to prison, and the marshal in executing the said process shall be governed by the same rules and regulations provided or hereafter to be provided for serving executions by constables in civil cases, and shall have the same power and authority which is or may be given to them by law; and the said fine or fines when collected shall be paid over by the marshal to the treasurer of the common council; Provided, That no person shall be imprisoned under the authority of this section for a longer period than twenty-four hours at any one time.

                     Sec. 8. Be it further enacted, That the president shall keep a docket in which he shall keep a docket in which he shall regularly enter all causes brought before him, against any person or persons for violation of the laws and ordinances of the common council, and shall on the application of any defendant or defendants, and the payment of such fees as are allowed by law to justices of the peace in like cases, give to him or them a transcript from his docket; and an appeal may be taken from any judgement of the president, imposing a fine for the violation of any laws or ordinances of the common council, to the court of common please of Montgomery county; Provided, a freeholder

Residing in the said town of Dayton, shall enter into recognizance in the docket of the president, that the appellant shall prosecute the said appeal to effect and pay the said fine and costs, together with the costs accruing in the court of common please, if judgement be rendered against him; and on security being entered as aforesaid, all further proceedings against the said appellant shall cease; and the president shall cause a transcript from his docket of the said cause, to be filed in the office of the clerk of the court of common pleas

p. 43

aforesaid, and on the same being filed the cause shall be considered in court, and it shall be the duty of the court to hear and determine the same in a summary manner and if the appellant shall fail to pay the fine and costs, together with the costs accruing on such appeal, the president is hereby authorised to issue a scire facias against the security, returnable not less than four days after the date thereof, and on the return thereof, if no sufficient cause be shewn[sic] to the contrary, the president shall render judgement against the said security for the amount of the said fine and costs, together with the costs accruing on the appeal and on the scire facias, and shall issue execution thereon, which shall be served by the marshal as in other cases.

                     Sec. 9. Be it further enacted, That all warrents [sic]and process shall be in the name of the common council of the town of Dayton, sealed with the seal of the corporation, & signed by the president.

                     Sec. 10. Be it further enacted, That the recorder shall in the absence, death, or disability of the president, have, hold, and execute the several offices annexed by this act to the presidency or any or either of them.

                     Sec. 11. Be it further enacted, That the said common council shall have power to require of every able bodied free male householder or landholder, who shall have resided three months next preceding such requisition within the limits of the corporation, to perform one day’s labour on the streets or highways, under the direction of the supervisor of the corporation; and to levy and cause to be collected a tax within said town on dogs, and on all property that is or may be subject to taxation for county purposed; Provided , That  no tax on real property shall exceed one half of one per centrum on the value thereof.

                     Sec. 12. Be it further enacted, That the collecter [sic] before entering upon the duties of his office, shall give bond to the common council and the cuccessors [sic], with surety to be approved by them, in a sum not exceeding double the amount of the tax to be by him collected, conditioned, for the faithful collecting and paying over to the treasurer of the common council the amount of such tax; and the said collector shall be governed by the same rules and regulations by law provided, and hereafter to be provided respecting county collectors, and shall have the same power and authority as is or shall be hereafter given by law to them, or in such manner as the common council may direct.

                     Sec. 13. Be it further enacted, That all monies arising from fines and taxes, shall be paid to the treasurer, who shall give bond to the common council and their successors with surety to be approved by them, for the faithful discharge of the trust committed to him, and when required by the common council, shall submit his books to their inspection, the successor shall return his estimate of taxable property and a copy of his assessment to the recorder, who shall file the same, and shall publish a day of appeal,

p. 44

to be held by the common council for the benefit of such as may think themselves aggrieved by the assessment.

                     Sec. 14. Be it further enacted, That the said common council shall be allowed the use of the county jail for the confinement of all such persons as shall be liable to imprisonment under the seventh section of this act; and all persons so imprisoned shall be in the charge of the keeper of the said jail.

                     Sec. 15. And be it further enacted, That the act to incorporate the town of Dayton, in the county of Montgomery, passed twelfth of February, one thousand eight hundred and five, and the act to revive and amend the act incorporating the town of Dayton, in the county of Montgomery, passed January 27th, 1814, be and the same are hereby repealed: Provided, That the laws and ordinances now in force in the said town of Dayton, shall be and remain in force till altered or repealed by the common council of said town; and all money due and owing to the said corporation, and all property, real or personal, belonging to or vested in said corporation, whether for taxes, fines, fees or otherwise, shall be and the same hereby is transferred to, and vested in the corporate body established by this act, and all suits pending or judgments rendered shall be continued, prosecuted, defended, or collected in the same manner as though this act had never passed.

                     MATTHIAS CORWIN, Speaker of the House of Rep.

                        PETER HITCHCOCK, Speaker of the Senate.

  January 6, 1816.

        ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

An Act, to amend the act entitled, ‘an act to incorporate the town of Dayton, in the county of Montgomery.’

  Sec. 1. Be it enacted by the General Assembly of the state Ohio, That the common council of the town of Dayton shall have power to levy and cause to be collected, a tax on all lots and lands with the improvements thereon, and all other property subject to taxation for state or county purposes, within the bounds of said corporation: Provided, that no tax on said property shall exceed one half of one per cent, on the value thereof.

  Sec. 2. And be it further enacted, That so much of the act entitled an act, to incorporate the town of Dayton, in the county of Montgomery, as comes within the purview of this act, be, & the same hereby repealed.

     DUNCAN M’ARTHUR, Speaker of the House of Rep.

                         ABRAHAM SHEPHERD, Speaker of the Senate, January 26, 1818.

 

INDEX

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AN ORDINANCE for preventing and extinguishing fires, and to regulate the

keeping of gunpowder.                                                                                                   3

An Ordinance to prevent nuisances.                                                                              11

An Ordinance regulating public shows and theatrical performances.                               15

An Ordinance to prevent obstructing the streets and alleys.                                            16

An Ordinance to clear and keep the side gutters open.                                                   18

An Ordinance declaring the duties of the marshal.                                                          19

An Ordinance requiring the owner or owners of lots to pave or gravel

                     And keep in repair the side walks in the town of  Dayton.                         20

An ordinance to regulate market in the town of Dayton.                                                 22

An Ordinance to prevent improper practices.                                                                26

An Ordinance taxing dogs.                                                                                            28

An Ordinance on the subject of stud horses.                                                                  30

An Ordinance regulating hogs, &c.                                                                                30

An Ordinance regulating mills, &c.                                                                                32

An Ordinance declaring the duties of supervisor.                                                            34

An Ordinance to regulating the construction of hearths, and stove pipes, and

                     To prevent the burning of shavings, &c.                                                    34

An Ordinance to repeal all ordinances except those contained in this pamphlet.              35