That, in navigating said stream, no damages be done to the mills or mill dams now erected thereon, or such as may hereafter be erected on said stream, and all and every person or persons navigating said stream, shall be held accountable for damages they may do to such works. Sec. 2. That each and every person owning or constructing any mill dam or dams across said creek, within said counties, shall, within two years. from the passage of this act, construct in their dam or dams as aforesaid, good and sufficient slopes, in manner and form to wit: The said slopes shall be placed in a convenient part of said dam or dams for the navigation thereof, and the said slopes shall be at least twenty feet wide in the clear, and the entrance thereof at the top shall be at least two feet lower than any other part of the dam in which such slope is built, and [the] descent of said slopes shall not exceed one inch to the foot, with good and sufficient guards on each side of said slopes, and at least three feet high, and so constructed as to prevent the water from running off at the sides of said slopes, and also to keep such slopes, when so constructed, in good repair. Sec. 3. That if the owner or owners of any such dam or dams as aforesaid, shall neglect or refuse to comply with the requisitions of the second section of this act, then it shall, and may be, lawful for any person or persons navigating said creek, to remove so much of said dam or dams as may be necessary to open the navigation thereof, with as little damage as may be to the said dam or dams, and no dam or dams shall hereafter be erected without such slopes, and kept in repair as aforesaid. Sec. 4. That if any person shall put, or cause to be put, any tree, log or lumber, into said Symmes' creek, within the bounds before described, with intent to obstruct the same, every person or persons so offending, shall forfeit and pay, for every such offence, the sum of two dollars, to be recovered by action of debt, before any justice of the peace having jurisdiction thereof, in the name of the State of Ohio, upon the application of any elector of the township where the offence was committed, and when collected, shall be paid into the township treasury, and applied, by the trustees of said township, in removing obstructions in said stream: Provided, That timber or lumber prepared and intended for market or sale, and accidentally forced from its mooring, shall not be held an obstruction under this section. Sec. 5. That it shall be the duty of all persons within two miles on either side of said creek, below the Portsmouth road as aforesaid, who are or may be subject to labor on the public highways, to perform one day's labor on said stream, between the first day of May and the first day of November in every year, under the supervision of their respective super visors. Sec. 6. That the township trustees of the several townships binding on, or including portions of that part of said creek hereby declared a public highway, shall, at their annual meeting for dividing their townships aforesaid, into road districts, also district that portion of the creek into proper districts; and it is hereby made their duty, in their orders to the several supervisors for working the public highways, to specify therein that they shall call on and call out, every male person in his district, residing in the bounds prescribed in the fifth section of this act, and subject to the labor on the public highways, to perform the labor therein required; and the supervisors shall warn the persons to work as aforesaid, in the same manner that they are bound to warn them to work on roads; and any person refusing or neglecting to perform such labor, shall be liable to the same penalties, to be recovered in the same manner as for refusing or neglecting to work upon the roads; which penalties, when collected, shall be applied by said supervisors in removing obstructions in said stream. Sec. 7. That the act declaring Symmes' creek, in the counties of Lawrence and Gallia, navigable under certain restrictions, passed February 6, A. D. 1832, and also an act, entitled "An act, to provide for the improvement of the navigation of Symmes' creek in the county of Lawrence, passed February 21, 1833, and also an act entitled "An act to amend the act entitled 'An act declaring Symmes' creek, in the counties of Lawrence and Gallia, navigable under certain restrictions,"" passed December 30, 1836, be, and the same are hereby repealed. February 24, 1838. C. ANTHONY, Speaker of the House of Representatives. AN ACT To incorporate the Dayton Third Street Bridge Company, Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That John W. Vancleve, Peter Auchinbaugh, David Stout, John Steele, Henry Best, John Dicks, Valentine Winters, William Boyer, Luther Bruen, and James L. Williams, and their associates, be, and they are hereby created a body politic and corporate, with succession, for the purpose of erecting a toll bridge across the Great Miami river, at the western end of Third street, in the town of Dayton, to be styled the "Dayton Third street Bridge Company;" and by that name, they and their successors shall be competent to contract and be contracted with, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all courts of competent jurisdiction; shall be capable of holding stock to the amount of twenty thousand dollars and the increase and profits thereof, and taking, purchasing, and holding to them, their successors and assigns, in fee simple; and for any less estate, any such lands, tenements, hereditaments and estates, real, personal and mixed, as shall be necessary for them in the prosecution of the object contemplated by this act, and may have a common seal, and the same break, alter and renew at pleasure: Provided, That the stock, funds and property of said company, shall not be applied to banking or any other purposes than is provided for by this act. Sec. 2. That so soon as the persons named in the first section of this act, or a majority of them, shall have organized themselves into a company, by written articles of association recognizing this act, they may then proceed to open books for subscription to the capital stock of said company, at such time and place, and under such regulations, as shall be directed by the persons named in the first section of this act, or a majotity of them, in shares of twenty-five dollars each: Provided, That no more than five dollars may be demanded at the time of subscribing, and not more than ten dollars at any subsequent instalment; and before any penalty shall accrue on account of non-payment of any instalment, at least twenty days' notice of the time and place of paying such instalment shall be given. Sec. 3. That whenever five thousand dollars of the capital stock shall be subscribed, it shall be the duty of the persons named in the first section of this act, or a majority of them, to call a meeting of the stockholders, by giving notice of the time and place of meeting for at least ten days, by advertising the same in one newspaper printed in Montgomery county, for the purpose of electing five directors, at which meeting at least three of the persons named in the first section of this act shall attend, one of whom shall preside; stockholders may vote by proxy under such regulations as may be prescribed in the laws of the company, each share to entitle the holder to one vote; and the directors thus chosen, shall hold their offices until their successors are elected and qualified; and shall forthwith, after their election, choose a president from their own body, who shall hold his office until his successor shall be elected and qualified. Sec. 4. That after the first election, all subsequent elections for directors shall be holden on the first Monday of May, in each and every year thereafter, at such place as a majority of the directors may appoint, which directors, thus elected, shall hold their offices for one year, and until their successors shall be elected and qualified; and the directors thus elected, shall, in like manner, proceed to choose a president from their own body, who shall hold his office until his successor be chosen and qualified: Provided, That if the election for directors should not be holden at the time prescribed by this section, the company shall not be dissolved for that cause; but it shall, and may be lawful to hold an election at any other time, notice thereof having been given as provided for by the third section of this act. Sec. 5. That the President and directors shall, in all cases, manage the concerns of said company, appoint such officers and agents as may be necessary, fill all vacancies that may happen in their body until their next an nual election, make such by-laws rules and regulations for the government of said company as they may deem expedient: Provided, That the same be not inconsistent with the Constitution and laws of the United States or of the State of Ohio; they may require an oath or affirmation of any of the agents of said company; may call special meetings of the stockholders, always giving at least ten days' notice of such meeting; they shall keep a record of all their proceedings relative to the business of the company, which shall at all times be open to the inspection of any persons interested. Sec. 6. That if any stockholder shall neglect or refuse to pay any instalment after thirty days' notice of the time and place of payment hav ing been given as provided for in the second section of this act, he shall, for every month the same shall remain unpaid, forfeit and pay five per cent. on the amount of such instalment, and if the same shall remain unpaid for the space of four months, it shall be at the option of the directors to declare the stock of such delinquents forfeited to the company, together with whatever may have been paid thereon, or collect the same by suit; nor shall such delinquent stockholder have a right to vote at any meeting of the company. Sec. 7. That said company shall have a right to abut and use the land or lands of any person or persons, to abut said bridge on and against, and if any difference should arise between the owner or owners of any such ground so abutted against, and said company respecting damage, it shall be determined by three disinterested freeholders, to be appointed by the commissioners of the county of Montgomery; who, taking into consideration whether the lands of such owner or owners be more or less valuable in consequence of the erection of said bridge, shall make out their assessment in writing of their award of the damages, if any, a copy of which shall be given to the proprietor of the land, and another to the agent of the company; and such agents shall pay, or offer to pay, to the owner of said. lands, the amount of such assessed damages before said bridge shall be used; and which award shall be final between the parties, and all the expenses of such assessment of damages, if any are awarded, shall be paid by the company; but, if no damages are awarded, then the expenses shall be paid by the person who may claim damages. Sec. 8. That if the said company shall, within eight years from the passage of this act, erect and complete a good and substantial bridge, at any place between the points named in the first section of this act, of sufficient width, and having two sufficient cart or wagon ways, and in other respects of suflicient strength and dimensions to admit the safe passage of passengers and carriages, then the said "Dayton Third Street Bridge Company," may ask, demand, and receive from travellers and others passing said bridge, the following toll, to wit: For each foot passenger, two cents; for every horse, mule or ass, one year old and upwards, three cents; for each horse and rider, six and a fourth cents; for every chaise, chair, gig, or other two-wheeled pleasure carriage, with one horse and driver, eighteen and three-fourths cents; the same, with two horses and driver, thirty-one and a fourth cents; for every coach, chariot, or other pleasure carriage, with four wheels, and drawn by two horses, and driver included, thirty-seven and a half cents; same drawn by four horses, fifty cents; for every sled or sleigh, drawn by one horse, mule or ox, with the driver, twelve and a half cents, and six and a fourth cents for every horse, mule or ox, in addition; for every wagon, drawn by two horses, mules or oxen, with the driver, twenty-five cents; for every horse mule, or ox, in addition, six and one-fourth cents; for each head of neat cattle, six months old and upwards, one cent; and, for every head of neat cattle, under six months old, and every head of sheep, goats, or hogs, one half cent; Provided, That a subscription of, and payment for, four shares of stock, by any one person, shall entitle him and the immediate members of his family, in addition to his equal dividends upon his stock, to the privilege of passing said bridge, toll free; and that all persons attending elections or musters, or persons attending public worship; all funeral processions, and all children going to, or returning from school, may pass said bridge free from toll: and It shall be the duty of said company, previous to their receiving any toll, to set up, and constantly keep exposed to view in some conspicuous place near the gate which may be constructed across said bridge, a board or canvass, on which shall be printed in fair, legible characters, the rates of tolls, not exceeding those herein before established: Provided, also, The Legislature shall have power to alter the toll hereby allowable, after the year eighteen hundred and fifty. Sec. 9. That if any person or persons shall wantonly or wilfully injure said bridge, or any part of it, or any gate thereto attached, otherwise than in the just and lawful use of the same, he, she, or they, shall be liable to a fine of not more than fifty, nor less than five dollars, for every such offence; the one-half thereof to go to the Deaf and Dumb Asylum of the State of Ohio, and the other half to the informer; and shall moreover be liable for all damages to the company, and for all injuries accruing to travelers in consequence of any such unlawful damage to, or obstruction to, a passage over said bridge: all damages and costs awarded to travelers under this section, by any court or justice of the peace, having competent jurisdiction, shall be collected forthwith by distress and immediate sale of property, or imprisonment, without any delay or stay of execution. Sec. 10. That if the aforesaid company, or their agents, shall demand and receive a greater toll than is allowed by the provisions of this act, they shall be subject to the like fines and penalties as are provided in the case of keepers of ferries taking a greater amount of toll than is allowed by law; and, in the erection of said bridge, the said company shall in no wise obstruct the navigation of said river, or the fording thereof; neither shall they obstruct the passage to the fords, generally used near the bridge, for the purpose of compelling persons to pass said bridge. C. ANTHONY, Speaker of the House of Representatives. February 27, 1838. Speaker of the Senate. AN ACT To authorize Lyne Starling, Jr., Administrator of Robert Brotherton, deceased, to complete the real contracts, and sell the real estate of said deceased. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Lyne Starling, Jr., administrator of the estate of Robert Brotherton, late of Franklin county, deceased, shall, upon filing a petition and obtaining an order of the court of common pleas of said county, for the sale of the real estate of said decedent, and having the same appraised as is provided by the thirty-first and thirty-second sections of the act entitled "An act defining the duties of executors and administrators," passed March 12th, 1831, be, and he is hereby authorized and empowered to sell, at private sale, and convey by deed or deeds, in fee simple, the lands and tenements of which the said Brotherton died seized, or which he owned at the time of his death; which deeds, being executed according to law, shall vest in the grantee or grantees, all the right, title and estate which the said Brotherton had at the time of his death: Provided, The said administrator shall in no case sell any part of said real estate at less than two-thirds the appraised value of the same: And, provided, further, That before making any sale of real estate, said administrator shall give at least four weeks notice by publication in a |