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AN ACT

To lay out and establish a State Road in the counties of Coshocton and Muskingum.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That John Lyons and William Downs, of Coshocton county, and Andrew Walker, of Muskingum county, be, and they are hereby, appointed commissioners, and John Foulks, of Coshocton county, surveyor, to lay out and establish a State road, from the town of Dresden, in Muskingum county, thence up the Wakatomica Valley.to Lemert's farm, on the Ohio canal; thence on the best route to West Carlisle, in the county of Coshocton.

Sec. 2. That should either of said commissioners or surveyor, die, refuse to serve, or remove out of the county, the commissioners of their proper county, are hereby authorized to fill such vacancy as often as it may

occur.

Sec. 3. That said commissioners and surveyor, appointed by this act, shall be governed, in all respects, by the law now in force defining the mode of laying out and establishing State roads, passed March 14, 1831. C. ANTHONY,

Speaker of the House of Representatives.
GEORGE J. SMITH,

February 23, 1838.

AN ACT

Speaker of the Senate.

To amend the act entitled "An act to incorporate the Wooster, Massillon and Canton McAdamized Road Company," passed March 2, 1836; also an act amendatory to the same, passed March 15, 1837.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the time mentioned in the seventeenth section of the act incorporating the "Wooster, Massillon, and Canton McAdamized Road Company, passed March 2, 1836," for commencing the construction of said road, is hereby extended three years beyond the term therein mentioned.

Sec. 2. That the president and directors of said company shall cause the said road to be opened, not exceeding eighty feet in width, at least twenty feet of which shall be made of well compacted earth, gravel or stone, in such manner as to secure a substantial and even road, rising in the middle, with a gradual curve, and with sufficient drains on each side of the road to convey the water therefrom, and shall maintain and keep the same in good repair; and in no case shall the ascent in said road exceed, or be of greater elevation, than five degrees with the horizon.

Sec. 3. That the rates of toll on said road shall be reduced one-fourth: Provided, Said road, or any part thereof, shall be constructed of a material different from that provided for in the original act to which this is an amendment.

Sec. 4. That so much of the act entitled an act to incorporate the Wooster, Massillon and Canton McAdamized Road Company, passed March 2, 1836, and an act amending the same, passed March 15, 1837, as

authorizes said company to construct that part of said road lying between the town of Massillon and the town of Canton, and so much of said act as is inconsistent with this act, be, and the same is hereby repealed.

C. ANTHONY,

Speaker of the House of Representatives.
GEORGE J. SMITH,

February 23, 1838.

Speaker of the Senate.

AN ACT

For the relief of William Swalley.

Whereas, it has been represented to this General Assemby that, in the year 1834, William Swalley entered at the Ohio (Canal) Land Office, at Tiffin, Seneca county, the east half of the northwest quarter, and the west half of the northeast quarter of section number twenty, (No. 20,) in township number one, (No. 1,) south, range number sixteen, (No. 16.) of lands then subject to entry at the Land Office aforesaid, each of the lots so entered containing eighty acres, for which lots or half quarters of land, as represented to this General Assembly, the Governor of Ohio executed to said William Swalley, deeds, which have been destroyed by fire: Therefore,

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the Governor of Ohio be, and he is hereby authorized, on receiving satisfactory evidence of said William Swalley's having entered and paid for said west half of the northeast quarter, and the east half of the northwest quarter of section twenty, in township one south, range sixteen, of lands sold at the Ohio (Canal) Land Office at Tiffin, Seneca county, or that said William Swalley entered and paid for either of said half quarters, to execute and deliver to said William Swalley a deed or deeds of conveyance to him and his heirs, of and for the half quarter or half quarters of land aforesaid, so represented to have been entered and paid for by said William Swalley. C. ANTHONY,

Speaker of the House of Representatives.
GEORGE J. SMITH,
Speaker of the Senate.

February 23, 1838.

AN ACT

To lay out and establish a State Road in the counties of Lawrence and Gallia.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Winchester Wakefield, of the county of Lawrence, and Samuel Campbell and Charles Neal, senior, of the county of Gallia, be, and they are hereby appointed commissioners, and Joseph Fletcher, of the county of Gallia, a surveyor, to lay out and establish a State road, commencing in the county

L. L.-14.

of Lawrence, on the Ohio river, at or near Proctor's store, opposite Big Guyandotte; thence the nearest and best route to Edward Monohan's; thence the nearest and best route to intersect the town plot of the town of Patriot, in Gallia county, on the south side of said town, where the Hanging Rock road intersects it.

Sec. 2. That in the event of the death of either of the commissioners, or surveyor, named in this act; or should either of them refuse to serve, or remove out of the county, his place shall be supplied by the commissioners of the county, in which such vacancy or vacancies shall happen, as often as the same may occur.

Sec. 3. That the commissioners shall be governed, in all respects, by the law now in force, defining the mode of laying out and establishing State roads, passed March 14, 1831, except so much as relates to the appointment of a surveyor, the same being provided for in this act; and the expense of laying out and establishing said road, shall be paid as pointed out in said act.

C. ANTHONY,
Speaker of the House of Representatives.
GEORGE J. SMITH,

February 23, 1838.

Speaker of the Senate.

AN ACT

To amend an act entitled "An act to incorporate the Massillon and Ohio River Railroad Company," passed March 29, 1837.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the board of directors of the Massillon and Ohio River Railroad Company, shall consist of five members, a majority of whom shall constitute a quorum for the transaction of business.

Sec. 2. That so much of the act incorporating said company, passed March 29, 1837, as is contrary to the provisions of this act, be, and the same is hereby repealed.

C. ANTHONY,
Speaker of the House of Representatives.
GEORGE J. SMITH,

February 23, 1838.

Speaker of the Senate.

AN ACT

To incorporate the Granger Library Association, in the county of Medina.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That John Burt, Simon Hatch, Francis Young, Wells Allen, William D. Moore, Nathaniel A. Goodwin, and William Paull, and their associates, together

with those who may hereafter be associated with them, be, and they are hereby created a body politic and corporate, by the name of "The Granger Library Association," with perpetual succession; and, by their corporate name may sue and be sued, plead and be impleaded, in all courts of law and equity in this State and elsewhere, may have a common seal, and the same may alter at pleasure; shall be capable of holding personal and real estate by purchase, gift or devise, and may sell, dispose of, and convey the same, and they shall have power to form and ratify a constitution, and adopt by-laws for the government of said corporation, and the arrangement of its fiscal concerns, the admission of its members, and the appointment of its officers; together with all other powers necessary for the corporate existence, and proper and efficient management of its concerns; subject, however, to all the provisions, restrictions and liabilities in any general act or acts relating to corporations, which may be passed by the General Assembly, at any future session: Provided, The annual income of said corporation shall not exceed one thousand dollars: Provided further, That neither the corporate name nor funds of said association shall be used for any other object than that of organizing and supporting a library in Granger aforesaid.

C. ANTHONY,

Speaker of the House of Representatives.
GEORGE J. SMITH,
Speaker of the Senate.

February 23, 1838.

AN ACT

To incorporate the High Falls Primary Institute, at the village of Chagrin Falls, in the counties of Cuyahoga and Geauga, in the State of Ohio.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Samuel C. Aikin, Ashbel W. Walworth, Noah Graves, Sherman B. Canfield, Aaron Bliss, Daniel Warren, Thomas W. West, Justus H. Vincent, William A. Otis, Boardman H. Bosworth, Randolph Stone, Joseph North, and their associates, be, and they are hereby created a body politic and corporate, with perpetual succession, by the name of the "High Falls Primary Institute;" and by that name shall be competent to contract and be contracted with, sue and be sued, answer and be answered unto, plead and be impleaded, defend and be defended, in any court of competent jurisdiction, and in all manner of actions whatsoever, and may have a common seal which they may alter or renew at pleasure.

Sec. 2. The corporate concerns of said High Falls Primary Institute, shall be managed by a board of trustees consisting of twelve members, any five of whom shall constitute a quorum to do business; and the persons named in the preceding section shall be such trustees; and have power to fill their own vacancies, appoint their own officers, and make and adopt all necessary by-laws and regulations for the government of their own. body, and the proper organizing and conducting of the Institute, with powers of control over all the funds belonging thereto.

Sec. 3. Said corporation shall have power in law to take, hold and possess lands and tenements, goods and chattels, of whatever nature or quality, real, personal or mixed, which now are, or hereafter may become the property of said corporation, by gift, grant, bargain, sale, will, devise, bequest or otherwise, from any person or persons, body politic or corporate, capable of making the same; and the said lands, tenements, goods and chattels to grant, bargain, sell and convey at pleasure: Provided, That the property, real, personal and mixed, of said corporation, shall not exceed the sum of fifty thousand dollars.

Sec. 4. The education of youth is the exclusive object of this corporation, and its funds shall be exclusively devoted to the promotion of this object.

C. ANTHONY,

Speaker of the House of Representatives.
GEORGE J. SMITH,

February 23, 1838.

Speaker of the Senate.

AN ACT

To amend an act entitled "An act to improve the navigation of the Muskingum river, by slackwater navigation."

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the commissioners of the canal fund are hereby authorized to allow, on the permanent loans yet to be made by them under the act passed 9th of March, 1836, entitled "An act to improve the navigation of the Muskingum river by slackwater navigation," an interest not exceeding six per cent. per annum; and the sums so borrowed at the rate of interest authorized by this act, shall not exceed the sum of two hundred and fifty thousand dollars, to be accounted parcel of the loan authorized under the above recited act; and for the punctual payment of the interest, and the final payment of the principal of all loans made under the above recited act, and of this act, there is hereby irrevocably pledged the tolls, water rents and other revenues of said improvement, as already pledged in the above recited act, and such amount of taxes annually as will be needed to meet any deficiences in the revenues of said slackwater navigation, to be levied and assessed by the Auditor of State, in connection with the other canal taxes of this State, in the manner pointed out in the fifth section of the act passed 4th February, 1825, "To provide for the internal improvement of the State of Ohio by navigable canals."

Sec. 2. That so much of the third section of the above recited act, as requires the commissioners of the canal fund to borrow the sum or sums of money therein named, at a rate of interest not exceeding five per centum per annum, is hereby repealed.

C. ANTHONY,

Speaker of the House of Representatives.
GEORGE J. SMITH,

February 23, 1838.

Speaker of the Senate.

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