the president, notice of which meeting shall be given by the president, for the purpose of electing four trustees; all such elections shall be by ballot, and the president shall preside, the secretary shall be clerk and the trustees present shall act as judges of such elections; and the persons having the highest number of votes shall be declared elected.

SEC. 9. If at any time any vacancy shall occur in the office of president, secretary or trustees, otherwise than by the expiration of the term thereof, such vacancy may be supplied by the board of trustees at any meeting thereof; and the person so chosen shall hold such office until the expiration of the term of office of the person in whose place he was chosen, and no longer.

SEC. 10. The concerns of the Lebanon Academy shall be managed by a board of trustees; they shall select, purchase, or otherwise procure and inclose a site for the academy; they shall superintend the erection and repair of a suitable building, or the procurement and repairing of one already built; they shall procure apparatus, and all furniture and other articles suitable for such an institution; they shall employ a teacher or teachers, assistants, and all other officers necessary for conducting a seminary; they shall regulate the admission and government of the students; they shall make all contracts on behalf of the institution, but such contracts, to be valid, shall be signed by the president and countersigned by the secretary; they shall, from time to time, make and enforce such rules, regulations and laws, not inconsistent with, or contrary to, the laws of the land, and take all such proper measures as shall be for the support, the good government and well being of the institution; and they shall generally do and perform all such matters and things as shall be by them deemed conducive to the benefit and interests of the institution.

SEC. 11. The board of trustees shall have power to manage, appropri ate and dispose of the funds and property belonging to the institution, but no funds shall be paid out except upon the order of the president, countersigned by the secretary; provided that the funds and property of the institution shall not be applied or appropriated to any use, or for any purpose, not herein expressed or intended.

SEC. 12. The board of trustees may appoint a treasurer and other officers of the institution, not selecting the same from their own body, who shall hold their offices for such time, shall perform such duties, and give such security as shall be prescribed by the rules, laws and regulations of the institution.

SEC. 13. That said company and the trustees 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,

Speaker of the Senate.

February 19, 1844.

AN ACT

To authorize the lessees of School District Sixteen, in Middleton Township, Columbiana County, to surrender their leases and receive deeds.

SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That section sixteen, in township seven, (Middleton) range one, in Columbiana county, or any lot or parcel of said section, be and the same is hereby authorized to be sold according to the provisions of an act entitled "an act to regulate the sale of ministerial and school lands and the surrender of permanent leases thereto," passed February second, one thousand eight hundred and forty three, provided that said land shall not be sold for a less sum than five dollars per acre.

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

Speaker of the Senate.

February, 19, 1844.

AN ACT

To amend the act entitled "an act to incorporate the town of Milan," passed February 23, 1833, and the several acts amendatory thereto.

Whereas, the town of Milan has borrowed, and is now indebted, in the sum of twenty thousand dollars, which will become due early in the year one thousand eight hundred and forty four, bonds for which are now outstanding, secured by pledge of the real estate in said town; and, whereas, it is the duty of the town council of said town to levy a tax upon the taxable property in said town to pay said sum, whenever it shall become due; therefore

Be it enacted by the General Assembly of the State of Ohio, That whenever a tax shall be levied by the town council of the town of Milan, for the payment of the principal of the indebtedness of said town, for canal purposes, it shall be lawful for any person or persons, so assessed, having first obtained the assent of the holder or holders of any bond or bonds of said town, to execute a mortgage or mortgages to said bond holder or holders, upon the property included in said tax duplicate, to secure the portion of such person or persons, naming therein the purposes for which any bond or bonds, note or notes accompanying such mortgage, shall be given, and any mortgage, so executed, shall have the same precedences of lien upon the property, so pledged, as though the same remained upon the tax duplicate.

SEC. 2. It shall be lawful for any such mortgagor or mortgagors to make it a condition of any mortgage, made in pursuance of the first section of this act, that on the failure of such mortgagor or mortgagors to pay any sum of money, so secured, the mortgagee or mortgagees shall have

power to foreclose the same, and, by proceeding in chancery, sell the same or any part thereof to the highest bidder to pay the tax thereon, provided, however, that said mortgagor or mortgagors shall have the right to redeem the same within two years from such day of sale, as on sale for taxes, and, provided further, that every such mortgagor or mortgagors shall pay ten per cent. interest upon the amount of such tax, from the date of such sale to the day of payment, or tender of the debts and costs, and no more.

SEC. 3. It shall be lawful for the holder or holders of any bond or bonds of said town, to discharge any portion of the lands and tenements included in said town, and its annexations from said lien, on the payment of the tax assessed against such lands and tenements for the principal of said indebtedness, without impairing the validity of their lien upon any other portion of said town or annexations.

SEC. 4. The sale of any lands or tenements, by virtue of any decree in chancery, under this act shall be held in said town of Milan, but otherwise in pursuance of the existing laws of this state, applicable to the sale of lands in proceedings in chancery, with the exception provided for in the first section of this act.

SEC. 5. In case the lands or tenements of any person or persons shall,' at any time, have been sold under the provisions of this act, and said person or persons shall wish to redeem the same, as provided for in the second section of this act, they shall proceed as in cases of land sold for taxes under the existing laws in relation to lands sold for taxes for state and county purposes.

SEC. 6. That whenever any person or persons shall purchase any lands or tenements, at any sale made in pursuance of this act, they shall be entitled to a certificate thereof from the officer conducting the same, which certificate shall be negotiable in the same manner as certificates of lands sold for taxes.

SEC. 7. That whenever any lands or tenements, sold under the provisions of this act, shall not be redeemed within two years from the date of such sale, the purchaser, his heirs, and assigns, shall be entitled to a deed therefor, made in pursuance of the acts in force relating to lands sold under decrees in chancery.

SEC. 8. That it shall be lawful for the town council of the said town to issue and renew the tax duplicate of said town, after the final levy of the amount of said indebtedness, as often as may be necessary, and for such per cent. upon the total indebtedness of such persons as shall remain liable upon such duplicate as the holders of the bonds shall require, or, with the assent of the bond holders, said town council may issue and renew said duplicate from time to time, for such portion of said final indebtedness as they may deem expedient, provided, however, that said duplicate shall not be renewed oftener than once in six months, nor issued for more than twenty per cent. of said indebtedness at one time, unless the bond holders shall require a greater per cent.

SEC. 9. The said town council shall, on the renewal of said duplicate, add thereto the interest and such penalty as in their opinion shall defray the expenses of collecting the same, and the marshal, in the collection of such renewed duplicate, shall be governed by the laws now in force in relation to collection of taxes in said town.

SEC. 10. That whenever any duplicate, issued under the provisions of this act shall be returned by the marshal with any taxes thereon charged, unpaid, any delinquent may pay the amount so standing against him, to the treasurer, at any time before the day of the sale of any lands so remaining delinquent, adding thereto interest at the rate of ten per cent., from the day provided by law for the return of such duplicate, and all costs that shall have accrued in consequence of such delinquency.

SEC. 11. That whenever the stock owned by said town, in the Milan canal, shall distribute, pursuant to the sixteenth section of the act incorporating said town, or any dividends made thereon, it shall be based upon the appraisement upon which the principal indebtedness shall be levied and paid to whoever shall pay said tax, but if any land should be sold, held by any person by lease, the stock and dividends shall be paid to the person or persons holding the fee of said land, provided, however, that the portion belonging to any erections by any lessee, upon any such lands, shall be made to such lessee in case any such erections shall be sold for taxes.

SEC. 12. That all lands and tenements belonging to minors, feme covert, insane person or persons in captivity, which may be sold under the provisions of this act, may be redeemed at any time within two years from and after the expiration of such disability.

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

February 19, 1844.

Speaker of the Senate.

AN ACT

To amend the act incorporating the Wayne, Medina and Cuyahoga Turnpike Company. Whereas, in the act to incorporate the Wayne, Medina and Cuyahoga Turnpike Company, passed February second, one thousand eight hundred and twenty four, the legislature has reserved the right to regulate the toll after the year one thousand eight hundred and forty three; therefore

SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That whenever said company shall have said road in good repair, according to the provisions of 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, they shall have a right to demand and receive of all persons traveling the same, who are not exempted from the payment of toll by the above recited act, the following rates of toll for every ten miles of said road, and in the same proportion for a greater or less. distance, to wit:

For every four wheel lumber wagon, drawn by two horses or oxen, twelve and a half cents;

For the same drawn by three horses, sixteen cents;

For the same drawn by four horses, twenty cents;

For the same drawn by five horses, twenty five cents;

For the same drawn by six horses, thirty one and a fourth cents;

For every four wheel pleasure carriage or buggy, drawn by two horses, twenty cents;

For every pleasure buggy or sulky, drawn by one horse, ten cents;

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

For every two wheel pleasure carriage, except sulkies, drawn by one horse, sixteen cents; for every horse in addition, six and a quarter cents; For every two wheel carriage, drawn by one horse, ten cents;

For

every horse and rider, six and a quarter cents;

For every sled or sleigh, drawn by one horse, six and a fourth cents; For the same drawn by two horses or oxen, twelve and a half cents; For every horse or yoke of oxen in addition, six cents;

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

For every head of neat cattle, two cents;

For every score of sheep or hogs, twelve and a half cents;

It is further provided, that if the grades of any of the hills shall be found to exceed five degrees elevation, in any case, it shall not impair the right of the company to collect toll as herein authorized before the first day of December, one thousand eight hundred and forty four, but thereafter the company shall be entitled to only one half the rates of tolls within specified, while any hill shall exceed the grade of five degrees.

SEC. 2. All acts and parts of acts which conflict with the provisions of this act are hereby repealed. This act to be in force from and after its passage.

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

February 19, 1844.

AN ACT

To incorporate the Montgomery County Mutual Fire Insurance Company.

SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That Herman Gephart, James Dean, Thomas Clegg, John Wiggam, David Stout, David Cathcart, Thomas Brown, William C. Emerick, Moses B. Walker, William Gunckel, Christopher Taylor, Lewis Shuey, William J. McKinney, David Davis, Jacob Coblentz, Henry L. Brown, Joseph P. Bowen, George Clinger, Jacob Neibert, Michael Cassady, William Sawyer, Elias Matthews, John Furnas, Alex. Swaynie, and such other persons who may become members of said company, in the manner hereinafter provided, be and they are hereby made a body corporate and politic, by the name of the Montgomery County Mutual Fire Insurance Company, for the purpose of insuring their respective dwelling houses, stores, shops, and other buildings,