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the close of the second year, a third at the close of the third year, a fourth at the close of the fourth year, and the fifth at the close of the fifth year, from the date of the organization of said board, and the vacancies thus occurring shall be filled by the legal voters living within the limits aforesaid; and all vacancies that occur otherwise may be filled by the county commissioners until the succeeding annual election, when a successor shall be elected to serve the remainder of said term.

SEC. 12. That the secretary of said board shall cause notices to be posted up in three of the most public places along said road, twenty days before the expiration of the term of any of the commissioners of said road, which notices shall state whose commission is about to expire, and the time and place an election will be held to supply the vacancy, and the person receiving the highest number of votes shall be declared and held a commissioner of said road for the period of five years.

SEC. 13. That said election shall be by ballot, and a majority of the commissioners shall be the judges of the election.

SEC. 14. That when said commissioners shall have laid out said road, they shall return a fair plat of the same, with the field notes thereof, to the auditor of the county, who shall enter said plat and field notes in the record of roads kept in his office.

JOHN M. GALLAGHER, Speaker of the House of Representatives. THOMAS W. BARTLEY, Speaker of the Senate.

March 12, 1844.

AN ACT

To incorporate the Tippecanoe Turnpike Road Company.

SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That Daniel H. Morris, Thomas Jay and Samuel Kelly, of the county of Miami, Andrew S. Warwick and Thomas M'Clure, of Clark county, Joseph Crawford and their associates, be and they are hereby created a body corporate, under the name of the Tippecanoe Turnpike Road Company, for the purpose of constructing a turnpike road from West Milton, in the county of Miami, through Hyattsville, Tippecanoe and New Carlisle, to some convenient and suitable point on the National (Cumberland) Road, in Clark 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 in so far as the same may be modified or changed by the special provisions of this act.

SEC. 2. The capital stock of said company may be one hundred and fifty thousand dollars.

SEC. 3. That the above named commissioners shall meet at West Charleston, in the county of Miami, at such time as they shall think fit, and pro

ceed to organize said company, and to take order for the opening of books for the subscription of stock, agreeably to the second section of said act to provide for the regulaion of turnpike companies.

SEC. 4. That as soon as one hundred shares shall be subscribed, the above named commissioners shall call a meeting of the stockholders in the manner prescribed in the third section of the said act to provide for the reg ulation of turnpike companies, for the election of five directors for said

company.

SEC. 5. That said company be and they are hereby authorized to demand and receive from persons traveling said road, the following tolls for every ten miles travel on said road, and in the same proportion for a less distance, to wit:

For every four wheeled carriage, drawn by two horses or oxen, fifteen cents; for every horse or ox in addition, five cents;

For every sled or sleigh drawn by two horses or oxen, ten cents; and for every horse or ox in addition, five cents;

For every horse and rider five cents;

For every horse, mule or ass, six months old or upwards, led or driven, three cents;

For every head of neat cattle, six months old or upwards, one cent; For every head of sheep or hogs, one half cent;

For every four wheeled pleasure carriage, drawn by two horses, thirty cents; for every horse in addition, five cents;

For every two wheeled pleasure conveyance, drawn by one horse, ten cents;

For every four wheeled pleasure carriage, drawn by one horse, twenty cents;

For every cart, drawn by one horse or two oxen, ten cents; for every horse or ox in addition, five cents.

SEC. 6. That whenever five continuous miles of said road are completed, according to the provisions of the said act, for the regulation of turnpike companies, the aforesaid company may erect a gate and receive tolls from persons traveling said road, at the above specified rates, provided that such persons shall be exempt from paying tolls as are exempted in the eleventh section of the aforesaid act, for the regulation of turnpike companies, saving only persons conveying public mails of the United States, which last mentioned persons shall not pass free, as in the said act provided.

SEC. 7. That said company shall be subject to the provisions of all acts now in force, or which may hereafter be enacted for the purpose of regulating turnpike companies generally, in this state, and also, an "act instituting proceedings against corporations not possessing banking powers and the visitorial powers of courts, and to provide for the regulation of corporations generally," passed March seventh, one thousand eight hundred and forty two.

JOHN M. GALLAGHER,

Speaker of the House of Representatives.
THOMAS W. BARTLEY,

Speaker of the Senate.

March 12, 1844.

AN ACT

To incorporate the Cincinnati Philosophical Library Association, in the county of Hamilton.

SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That John Bolton, Martin R. Miller, Michael K. Shearer, Samuel W. Irwin, J. H. Smith, their associates and successors, be and the same are hereby created a body politic and corporate by the name and style of the Cincinnati Philosophical Library Association at Cincinnati, in the county of Hamilton, and shall have all the rights, privileges and powers, and be subject to all the restrictions defined in the act entitled "an act to regulate incorporated literary societies," passed March seventh, one thousand eight hundred and thirty nine.

SEC. 2. That the above named incorporators, or any of them, shall give ten days notice by posting up written or printed advertisements in three public places in the city of Cincinnati, in the county of Hamilton, of their first meeting under this act.

SEC. 3. That said company and the corporators thereof, shall be subject to the provisions of "an act instituting proceedings against corporations not possessing banking powers and the visitorial powers of courts, and to provide for the regulation of corporations generally," passed March seventh, one thousand eight hundred and forty two.

JOHN. M. GALLAGHER, Speaker of the House of Representatives. THOMAS W. BARTLEY,

March 11, 1844.

Speaker of the Senate.

AN ACT

To incorporate the Chillicothe Lodge, Number twenty four, of Independent Order of Odd Fellows, of Chillicothe, Ohio.

SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That James Malone, A. S. Doan, John R. Anderson, Lewis W. Foulke, Alex. W. M'Coy, Charles O. Joline, Wm. D. Voshell, Henry Holcombe, Robert Jordan, Joseph Miller, George Armstrong and Ebenezer White, and their associates, members of Chillicothe Lodge, number twenty four, of the Independent Order of Odd Fellows, and their regular successors, be and they are hereby created a body politic and corporate, for the term of twenty years in succession, by the name and style of Chillicothe Lodge, Number twenty four, of Independent Order of Odd Fellows, of Chillicothe, Ohio, and, by that name, are hereby invested with power and authority to acquire, hold, possess, use and occupy, and enjoy, real and personal estate to the amount of ten thousand dollars, and to sell and convey or otherwise dispose of the same, under the bylaws, rules and regulations of the aforesaid lodge, provided that such bylaws, rules and regulations be not contrary to the constitution and laws of this state or of the United States; and the said cor22L. L.

poration, by its name aforesaid, shall be competent to contract and be contracted with, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts and places whatsoever, and to have and use a common seal, and the same to alter at pleasure, provided, further, that the powers hereby granted shall not be used for banking, insuring property, or any thing not expressly granted by the provisions of this act.

SEC. 2. That the said corporation and the corporators thereof shall be subject to the provisions of "an act instituting proceedings against corpora tions not possessing banking powers and the visitorial powers of courts, and to provide for the regulation of corporations generally," passed March seventh, one thousand eight hundred and forty two.

JOHN M. GALLAGHER, Speaker of the House of Representatives. THOMAS W. BARTLEY,

March 12, 1844.

Speaker of the Senate.

AN ACT

To incorporate the Independence Fire Engine and Hose Company, Number one, of Miamisburg, in the County of Montgomery.

SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That S. H. Smith, M. D. Whiteridge, J. Zimmer, Joseph Watson and L. R. Caskey, their associates and successors, are hereby declared a body corporate and politic, by the name of the Independence Fire Engine and Hose Company, Number One, of the town of Miamisburg, in the county of Montgomery, and, as such, shall be capable in law of suing and being sued, pleading and being impleaded, in any action or suit in any court having competent jurisdiction; to contract and be contracted with, to enact such bylaws and regulations as may be deemed proper for the government of the company, provided they be not inconsistent with the constitution of the United States or the constitution and laws of this state; to purchase and possess property, whether real or otherwise, to an amount not exceeding five thousand dollars, and to have and use a common seal, and the same to alter, renew or break at pleasure; and the said company shall be subject to all the regula tions, restrictions and liabilities of "an act instituting proceedings against corporations not possessing banking powers and the visitorial powers of courts, and to provide for the regulation of corporations generally," passed March seventh, one thousand eight hundred and forty two.

JOHN M. GALLAGHER, Speaker of the House of Representatives. THOMAS W. BARTLEY,

Speaker of the Senate.

March 12, 1844.

AN ACT

To incorporate the Fairmount Fire Company, of Canton, Stark County.

SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That Elias D. Albert, Samuel Stover, Peter Shimp, James S. Rider, John L. Sweney, George Prince, Jacob Myers, H. P. Dunbar, John Koons, Peter Meyer, Jacob Flohr, George Saxton, their associates and successors, are hereby declared a body corporate and politic, by the name of the Fairmount Fire Company of Canton, Stark county, and, as such, shall be capable in law of suing and being sued, pleading and being impleaded, in any action or suit in any court having competent jurisdiction; to contract and being contracted with, to enact such bylaws and regulations as may be deemed proper for the government of the company, provided they be not inconsistent with the constitution of the United States or the constitution and laws of this state; to purchase and possess property, whether real or otherwise, to an amount not exceeding five thousand dollars; and to have and use a common seal, and the same to alter, renew or break at pleasure; and the said company shall be subject to all the regulations, restrictions and liabilities of "an act instituting proceedings against corporations not possessing banking powers, and the visitorial powers of courts, and to provide for the regulation of corporations generally," passed March seventh, one thousand eight hundred and forty two; and the members of said company shall have all the privileges and exemptions which are secured to members of fire companies by the act entitled "an act to encourage the organization of fire companies," passed March thirteenth, one thousand eight hundred and forty three.

JOHN M. GALLAGHER, Speaker of the House of Representatives. THOMAS W. BARTLEY,

Speaker of the Senate.

March 12, 1844.

AN ACT

To incorporate the Mutual Protection Engine Company number two, in the town of Eaton.

SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That John Degroot, Pliny M. Crume, Robert Thompson, Richard Y. Lanius and John V. Campbell, of the town of Eaton, in the county of Preble, and their associates and successors, be and they are hereby created and declared a body corporate and politic with succession, for thirty years, by the name of the Mutual Protection Engine Company, number two, and, as such, shall be capable in law of suing and being sued, pleading and being impleaded, in any court having competent jurisdiction; they shall have power to acquire and hold property, real, personal or mixed, to the value of not more than five thousand dollars, and the same to sell and convey at pleasure.

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