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L23945

FEB 8 - 1944

ACTS OF A LOCAL NATURE.

AN ACT

To incorporate the Columbus and Granville Plank Road or Turnpike Company.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Joseph Ridgway, Sr., Samuel Barr, Gates O. Harrow, William A. Platt, and Samuel Brush, of Franklin county, Ohio, and such other persons as shall become associated with them, by subscribing to the capital stock of said Company, be and they are hereby constituted and declared a body politic and corporate, with perpetual succession, by the name and style of the Columbus and Granville Plank Road or Turnpike Company, for the purpose of constructing a road of gravel, stone or plank, as the directors of said company may select, from the east line of the corporate limits of the city of Columbus, crossing Alum and Big Walnut creeks at the points where the old Granville road now crosses the same, to Granville in the county of Licking, with the privilege of extending the same to Newark in said county of Licking, upon any public road or highway; and for such purposes said company is hereby authorized and empowered to have and receive, purchase and possess, enjoy and retain, lands, rents, goods, chattels and effects of any kind, and to any amount necessary to carry into effect the objects of the corporation, and the same to use, sell, alien, and dispose of, at pleasure ; to sue and be sued, defend and be defended, in all courts having competent jurisdiction; to have and to use a common seal, and to alter the same at pleasure; and to ordain and establish such rules, regulations and by-laws as may be necessary for the well being of said corporation, not inconsistent with the constitution and laws of the United States and of this State.

Sec. 2. The capital stock of said company may be extended to one hundred thousand dollars, divided into shares of fifty dollars each, transferable in entire shares, in such manner as shall be prescribed by the rules and bylaws of said company; provided that no stockholder, without the consent of the directors, shall be at liberty to transfer his stock, after an instalment shall be ordered, until such stockholder shall have paid the amount due on his stock, or such other sum as he may owe to said company.

Sec. 3. The persons named in the first section of this act or any three of them, shall be commissioners to receive subscriptions, and do and per-* form all necessary acts to organize said company; and they are hereby au

thorized and empowered to cause books to be opened at such times and places as a majority of them acting shall think proper, to receive subscriptions to the capital stock of said company; the commissioners may if they think proper, require five per centum of the amount of such subscription to be paid at the time of subscribing, and each subscriber shall be bound from time to time, to pay such instalments on his, her, or their stock as the directors may require, provided, that not more than twenty per centum shall be required to be paid at any one time.

Sec. 4. That when eighty shares shall be subscribed the commissioners shall call a meeting of the subscribers, by causing notice of the time and place of such meeting to be published for twenty days preceding the time of holding such meeting in one or more newspapers printed and in general circulation on the line of said road, and at such time and place those present shall proceed to elect directors, and adopt such by-laws and regulations for the government of the corporation as shall be lawful, and as they shall deem expedient; the stockholders to vote either in person or by proxy, each stockholder being entitled to one vote for each share of stock he may hold in said company.

Sec. 5. The affairs of said company shall be governed by five directors or a majority of them, who shall be elected annually, and hold their office for one year, and until their successors shall be chosen and qualified; each director shall be a stockholder at the time of his election, and shall cease to be a director when he shall cease to be a stockholder'; the directors shall have power to fill all vacancies in their board, which shall happen by death or otherwise.

Sec. 6. The directors, before entering upon the duties of their office, shall take an oath or affirmation, faithfully and impartially to discharge their duties; they shall choose a President and Treasurer from among their number, and shall appoint such officers, agents and superintendents as they shall think proper; they shall determine upon the amount of any bonds they may require from any officer, and pass upon their sufficiency; prescribe the amount of any instalments to be paid upon subscriptions, and the mode and manner of enforcing payment of any such subscriptions, and take the general charge and supervision of said company.

Sec. 7. It shall be lawful for said directors to enter upon and take possession of any lands, roads, streets, alleys, stone, earth, gravel, and timber, necessary for the laying out and construction of said plank or turnpike road, and necessary appurtenances and appendages thereto, doing no unnecessary damage; and if it shall be necessary to enter upon any lands, other than public highways, for the right of way, and materials for the construction and repair of said road, said company shall in all respects be governed by the provisions of an act entitled "an act to provide for the regulation of turnpike companies,” passed January 7, 1817, and the several acts amendatory thereto; provided, that this company shall be subjected to the provisions of any general law which may hereafter be passed, regulating the mode of assessing damages for materials taken or for the right of way; and provided further, that said company shall not take more than sixty-six feet in width for said road.

Sec. 8. Whenever said company shall have constructed said road by thoroughly turnpiking and draining, and covered the same with not less than eight feet wide with plank at least three inches thick, and forming a good wagon track, of proper width, properly drained, and cover the same with gravel or broken stone not less than eight inches thick, instead of plank, the same shall forever thereafter be and remain a public highway for the passage of animals, teams and travelers of every description, on the payment of such tolls as the directors may from time to time establish, and said road with all its appurtenances, together with all profits and tolls arising therefrom, are hereby invested in said corporation.

Sec. 9. Whenever any five consecutive miles of said road shall be completed according to the true intent and meaning of this act, the president and directors shall have power to erect gates thereon, and ordain and establish a rate of tolls which shall be levied on all animals, teams and property of every description passing on said' road, and shall be paid by the owner or owners thereof, and for the collection of said tolls, they shall appoint collectors and erect gates and toll houses, and may ask, demand and receive the said tolls under this act; provided however, that they shall in no case exceed the rates now charged on the Western Reserve and Maumee road.

Sec. 10. The said company shall be entitled to the benefits and be subjected to the restrictions and penalties of all laws for the benefit of turnpike roads and the collection of tolls, which have been or may be enacted by the General Assembly of this State.

Sec. 11. The said company may at any time contract debts or liabilities to the amount of stock of said company, at such time actually subscribed by responsible stockholders, not expended, and inclusive of such profits or income as may be reasonably expected to accrue within two years from the time of so contracting, payable within ten years from the time of contracting said debts or liabilities. Sec. 12. This act to take effect from its passage.

BENJAMIN F. LEITER, Speaker of the House of Representatives. CHARLES C. CONVERS,

Speaker of the Senate. February 8, 1850.

AN ACT

To incorporate the Cleveland and Aurora Plank Road Company, the Bedford Plank Road Com

pany, and for other purposes.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Archibald Robbins, N. Eggleston, W. R. Henry, Asa Stephens, Wm. W. Barnard, W. W. Robbins, N. A. Bull, R. Taylor, Oliver 0. Brown, Reuben M. Hanniford, Chas. R. Smith, and James M. Hickox, together with all other persons who shall become associated with them, by subscribing to the capital stock of said company, be, and they are hereby constituted and declared a body corporate and politic, with perpetual succession, by the name and style of the Cleveland and Aurora Plank Road Company, for the purpose of constructing a plank road from the centre of Aurora, in the county of Portage, through the centre of Solon, in the county of Cuyahoga, to the city of Cleveland ; and for such purposes, the said company is hereby authorized and empowered to have and receive, purchase and possess, enjoy and retain, lands, rents, goods, chattels and effects of any kind, and to any amount necessary to carry into effect the objects of the corporation ; and the same to use, sell, alien and dispose of at pleasure; to sue and be sued, defend and be defended, in all courts having competent jurisdiction; to have and use a corporate seal, the same to alter, break or renew at pleasure; to ordain and establish such rules, regulations and by-laws, as may be necessary for the well being of said corporation, subject, however, to the restrictions and limitations contained in this act.

Sec. 2. The capital stock of said company shall consist of one hundred thousand dollars, divided into shares of twenty-five dollars each, and shall be transferable in entire shares, in such inanner as the rules of the corporation shall prescribe : Provided, however, that no stockholder, without the consent of the directors, shall be at liberty to transfer his stock, after any instalment is ordered, until such stockholder shall have paid the amount due on his stock.

Sec. 3. The persons named in the first section of this act, or in case they shall not all choose to serve, then any number of them not less than three, shall be commissioners to receive subscriptions, and do and perform all necessary acts to organize the company; and they are hereby authorized and empowered to cause books to be opened, at such times and in such places as a majority of those acting shall think proper, to receive subscriptions to the capital stock of said company: the commissioners may, if they think proper, require ten per centum of the amount of each subscription, to be paid at the time il is subscribed, and each subscriber shall be bound to pay, from time to time, such instalments on his, her or their stock, as the directors may lawfully require.

Sec. 4. When two hundred shares of the capital stock shall be subscribed, the commissioners shall call a meeting of the subscribers, by causing notice of the time and place of such meeting to be published in some newspaper in general circulation in the places where the books shall have been opened and the stock subscribed, for thirty days next preceding such

time of meeting; and on such notice being given, the stockholders shall meet at the time and place appointed, and elect five directors, and adopt such by-laws and regulations for the government of the corporation as shall be lawful, and expedient, the stockholders to vote in person or by proxy, each share being entitled to one vote.

Sec. 5. The affairs of said company shall be managed by five directors, or a majority of them, who shall be elected by the stockholders once in two years, unless a shorter time shall be ordained by the by-laws of the corporation, and they shall hold their offices until their successors shall be elected and qualified, and each director shall be a stockholder at the time of his election, and shall cease to be a director when he ceases to be a stockholder; the directors shall have power to fill all vacancies in their own board, which shall happen from death, removal or otherwise.

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