county, on or before the first day of July annually; who shall assess such tax, and make out a duplicate thereof, in the same manner as he is requir ed by law to do in regard to State and county taxes; and shall, on demand, deliver the same to the recorder of said town of New Concord; who shall make a record thereof, make out a true copy of the same and deliver it to the marshal of said incorporation; and the county auditor shall be paid by the corporation for any services by him rendered under this act, such fees as he is allowed for similar services; the marshal shall receive from the recorder the copy of the duplicate aforesaid, and collect the taxes aforesaid in the same manner as is or may be required by law for the collection of the State and county taxes, and shall settle his duplicate with the recorder under the same rules and regulations as is prescribed by law for the settlement of the county treasurer with the county auditor, and shall pay over the same to the treasurer of said corporation and take his receipt therefor; and in the collection thereof the marshal shall have the same power to sell both real and personal estate, as is or may be given by law for the collection of State and county taxes; and, when necessary, the recorder shall make deeds for any real estate so sold, in the same manner as county auditors are by law empowered to make deeds for real estate sold for the payment of taxes by county treasurers; and the marshal shall receive for his services in the collection of any tax, the same per centum and fees as is or may be allowed by law for the collection of State and county taxes. Sec. 11. That said corporation shall be allowed the use of the jail in said county, for the confinement of such persons as may be liable to imprisonment under the laws and ordinances of said corporate town; and all persons so imprisoned, shall be under the charge of the sheriff of Muskingum county, as in other cases. C. ANTHONY, February 27, 1838. Speaker of the Senate. AN ACT To vacate a State Road in the counties of Allen, Putnam and Wood, and to repeal the act to lay out and establish the same. Whereas, the Legislature of the State of Ohio, did, on the twenty-third day of January, eighteen hundred and thirty-seven, pass an act to lay out and establish a State road in the counties of Allen, Putnam and Wood: And whereas, it appears, by memorials from citizens of said counties, that said road would not be of general utility; but on the contrary, that the opening of said road would be attended with serious injury to that section of country through which it would pass: Therefore, Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the State road commencing at the town of Lima, in Allen county, running thence through section six, in township one, south range eight, east, in Putnam county; thence through section one, township one, north range, east, in Putnam county; thence, to intersect with the Perrysburgh road, at or near Gilead, in Wood county, be, and the same is hereby, vacated; and the act to lay out and establish said road, is hereby repealed. C. ANTHONY, Speaker of the House of Representatives. February 27, 1838. AN ACT Speaker of the Senate. To incorporate the Butler and Preble Lateral Turnpike Road Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Peter Housel, David Snivley, Isaac Hutchin, Jesse Stubbs, John Say lor, Nathaniel Benjamin, and Nelson Donallan, of Preble county, and Henry Green, Martin Hush and John L. Ritter, of Butler county, Ohio, and their associates, be, and they are hereby, created a body corporate, under the name of the "Butler and Preble Lateral Turnpike Road Company," for the purpose of constructing a road, from a point on the Hamilton and Ea ton turnpike road, at or near Balliard's store, on the west line of section numbered thirty-three, in the township of Wayne, in the county of Butler; thence north, on the nearest and best route to the Friends' meeting house, in Gratis township, Preble county; thence, on the nearest and best route to Winchester, West Alexandria and Lewisburg, in said county; thence, on the nearest and most practicable route to intersect the National Road; which company shall have all the rights, privileges and powers, and be subject to all the restrictions defined in the act entitled "An act to incorporate the Hamilton, Rossville, Somerville, Newcomb, and Eaton Turnpike Company," so far as the provisions of the same can be made to apply to the purposes herein intended, except in so far as the same may be modified or changed by the provisions of this act. Sec. 2. That the capital stock of said company shall be one hundred and fifty thousand dollars, to be divided into shares of twenty-five dollars each. Sec. 3. That the above named commissioners, or any five of them, shall meet at the town of Winchester, in the county of Preble, at such time as they shall see fit, and proceed to organize the said company; and to take order of the opening of books for the subscription of stock, agreeably to the second section of the act above recited: Provided, That it shall be the duty of said commissioners to open books for subscriptions between the first day of April and the first day of December, in the year eighteen hundred and thirty-eight. Sec. 4. That so soon as two hundred shares be subscribed, the above named commissioners shall call a meeting of the stockholders, in the manner prescribed in the fifth section of the act aforesaid, for the election of five directors, for the government of said company, one of whom shall be chosen president; and in each and every year thereafter, said company shall elect five directors in the manner provided in the sixth section of the act above recited. Sec. 5. That so soon as said road be completed, said company be, and they are hereby, authorized to demand and receive from persons traveling said road, the same rate of tolls for every ten miles travel, and in a rateable proportion for a shorter distance, as is authorized by the sixteenth section of the above recited act. Sec. 6. The said company shall be entitled to demand and receive one half of the foregoing authorized rates of toll on the said road, when the same, or any part thereof, being not less than ten miles together, shall have been graded and bridged, though not fully completed: Provided, That such persons shall be exempt from paying tolls, as are exempted in the sixteenth section of the act before mentioned. C. ANTHONY, Speaker of the House of Representatives. February 27, 1838. AN ACT Speaker of the Senate. To incorporate the Akron Hydraulic Company, in the county of Portage. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That R. K. Du Bois, J. D. Commins, S. A. Wheeler, Richard Howe and Ansell Miller, and such other persons as may hereafter become associated with them, be, and they are hereby, created a body corporate and politic, under the name and style of the "Akron Hydraulic Company;" and by that name shall be competent to sue and defend suits in any court of law or equity, to make contracts, to acquire and hold such real and personal estate as may become necessary, for procuring and supplying themselves, and such other persons as they may contract with, in the town of Akron, with wholesome water, on such terms and conditions as may be mutually stipulated between the parties. Sec. 2. That the capital stock of said company shall be five thousand dollars, divided into shares of twenty-five dollars each; to be subscribed and paid for in such manner and at such times as shall be prescribed by the by-laws of said company. Sec. 3. That the persons named in the first section of this act shall have power to open books for the subscription of stock; and so soon as five hundred dollars shall have been subscribed, they may call a meeting of the stockholders, by giving them personal notice of the time and place of such meeting; and the stockholders, when thus convened, may elect such officers to manage their concerns, prescribe their duties, and establish such by-laws for the future election of officers and for the general regulation of the business of the company as they shall deem proper: Provided, That said company shall not incur debts to a larger amount than the capital stock of the company; and that the individual stockholders shall be liable for the debts of the corporation, in proportion to the amount of stock by them respectively subscribed, after the corporate property shall have been exhausted. February 28, 1838. C. ANTHONY, Speaker of the House of Representatives. Speaker of the Senate. AN ACT To change the name of the Dayton Cotton Manufactory. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the Dayton Cotton Manufactory, incorporated by an act entitled “An act to incorporate the Dayton Cotton Manufactory," passed February 29th, 1836, shall, from and after the passage of this act, be known and designated by the name of "The Cooper Cotton Company;" and by that name may exercise all the rights and privileges, and shall be subject to all the liabilities specified in the act aforesaid. Sec. 2. All contracts subsisting between said company and any other body corporate or individual, and all liabilities by, and to, said company, shall be as valid and binding as before the passage of this act. C. ANTHONY, Speaker of the House of Representatives. February 28, 1838. AN ACT To incorporate the Euclid Turnpike Company, in Cuyahoga county. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That William Coleman, John Wilcox, William Nott, William Treat, Nehemiah Dille, John West, junior, Paul P. Condit and Samuel Dodge, and their associates, of the county of Cuyahoga, be, and they are hereby, incorporated a body politic and corporate, by the name and style of the "Euclid Turnpike Company," for the purpose of making a turnpike road in the county of Cuyahoga; to commence on the road from Cleveland to Buffalo, at a point in the township of Euclid that shall be five miles west of Euclid creek, and to terminate on said road five miles east of said creek; measuring by the road, with all the rights, privileges and immunities, and subject to all the restrictions, limitations, provisions and disabilities, prescribed in the act entitled "An act to provide for the regulation of turnpike companies," passed January seventh, one thousand eight hundred and seventeen, and the acts amendatory thereto. Sec. 2. That the capital stock of said company shall be forty thousand dollars, divided into shares of fifty dollars each. Sec. 3. That the persons named in the first section of this act shall be commissioners, for the purpose of receiving subscriptions to the capital stock of said company, and of performing all the duties required of them, as contemplated by the act to provide for the regulation of turnpike companies; books shall be opened for the purpose of receiving subscriptions to the capital stock of said company, at such place, in the township of Euclid, within twelve months after the passage of this act, as said commissioners shall appoint; notice of which shall be given in two of the newspapers printed in the city of Cleveland; and whenever one-half of the capital stock of said company shall have been subscribed, it shall be lawful for said commissioners to call a meeting of the stockholders for the purpose of electing nine directors, who shall manage the concerns of said company. Sec. 4. That whenever the said company shall have completed said road, (to include a good and substantial bridge founded on stone piers, over the Euclid creek,) according to the provisions of the act to provide for the regulation of turnpike companies; they shall have a right to demand and receive from persons traveling the same, (at one gate to be erected on said road by said company,) except those who are exempt from the payment of toll by the above named act, the following rates of toll, to wit: For every four-wheeled carriage, drawn by two horses or oxen, twelve and a half cents; for every horse or ox in addition, three cents; for every twowheeled carriage, drawn by two horses or oxen, nine cents; for every horse or ox in addition, three cents; for every carriage, drawn by one horse, six and a fourth cents; for every sled or sleigh, drawn by one horse or ox, six and a fourth cents; for every horse or ox in addition, three cents; for every horse and rider, four cents; for every horse, mule or ass, one year old or upwards, led or driven, two cents; for every head of neat cattle, one year old or upwards, one cent; and, in the erection of the gate. on said road, a passage shall be left free for foot passengers: Provided, That no part of the capital stock of this company shall be used for banking purposes, or for any other purpose not expressed in this act. Sec. 5. That no part of the act regulating turnpike companies, above referred to, shall be construed to prevent said company from demanding and receiving toll of persons carrying the United States mail, at the rates provided in the fourth section of this act. Sec. 6. That the corporate property and effects of said company shall be liable for the debts of said company; and the stockholders of said company shall be liable for the debts of said company, to the amount of their stock not paid into the joint funds; and that for any balance of said debts, the directors of said company shall be liable in their individual capacity. Sec. 7. That if said turnpike company shall not commence said road within two years from the passage of this act, and if the said road shall not be completed within two years thereafter, all the rights, privileges and immunities granted to said company by this act, or by the act for the regulation of turnpike companies, shall cease and determine. |