Sec. 8. That the corporation created by this act shall be held subject to the laws of Ohio regulating corporations. C. ANTHONY, Speaker of the House of Representatives. February 28, 1838. AN ACT Speaker of the Senate. To incorporate the Evansburg Bridge Company, in the county of Coshocton. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Joseph H. Watkins, Edward Richmond, John Rickets, John B. Stout, Joseph Evans, Job Meredith and Samuel Wolf, and their associates, be, and they are hereby, created a body politic and corporate, for the purposes of erecting a toll bridge across the Tuscarawas river, at the town of Evansburg, in the county of Coshocton, to be styled the "Evansburg 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 eight thousand dollars and the increase and profits thereof, and taking, purchasing and holding to them and 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 purpose 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 majority of them, in shares of twenty-five dollars each: Provided, That not more than five dollars may be demanded at the time of subscribing, and not more than ten dollars at any subsequent insalment; and before any penalty shall accrue on account of non payment of any instalments, at least twenty days' notice, of the time and place of paying such instalment shall be given. Sec. 3. That whenever four 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 Coshocton 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 year thereafter, at such place as a majority of the directors may appoint; which direcrectors, 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 time thereafter, notice having been given thereof, as provided 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 annual 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 having 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 delinquent 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 of the meetings 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 Coshocton, 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 com L. L.-18. pany; and such agent 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 six years from the passage of this act, erect and complete a good and substantial bridge, at the place named in the first section of this act, of sufficient width, and having two sufficient cart or wagon ways, and in other respects of sufficient strength and dimensions to admit the safe passage of passengers and carriages, then the said Evansburg Bridge Company may ask, demand, and receive from travelers and others, passing said bridge, the following tolls, 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 carriage, with one horse and driver, eighteen and three-fourth 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 or ox in addition; for every wagon, drawn by two horses, mules, or oxen, with the driver, twenty-five cents, and for every horse, mule, or ox in addition, six and a fourth cents; for each head of neat cattle, under six months old, and for every head of sheep, goats, or hogs, one half cent: Provided, That a subscription of, and payment for, five shares of stock by any one person shall entitle him, and the immediate members of his family, in addition to his equal dividends upon said 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; 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 toll, not exceeding those herein before established: And provided, also, That any future Legislature, after the year 1848, shall have power to alter the rates of toll fixed in this act. 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 to the school district in which said bridge is situated, and the other half to the company; 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 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 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 fording of the river, or injure the navigation thereof. C. ANTHONY, February 28, 1838. AN ACT Speaker of the Senate. To incorporate the "First English and German Lutheran Reformed Church," in the town of Millersburgh, in the county of Holmes. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That William Uhl, A. F. N. Schaw, Henry Geiger, Jacob Hay, John Ling, and John Korns, and those who may hereafter be associated with them, are hereby created a body politic and corporate, by the name of the "First English and German Lutheran Reformed Church," in the town of Millersburgh, in the county of Holmes, agreeably to an act passed March 5th, 1836, entitled "An act in relation to incorporated religious societies;" and shall hold their first meeting for the election of officers, by any three or more of the persons named in this act giving ten days notice thereof in writing, posted up in three public places in the vicinity of said church, previous to holding said election. C. ANTHONY, Speaker of the House of Representatives. February 28, 1838. Speaker of the Senate. AN ACT To amend an act passed February 23d, 1833, entitled "An act further to amend the act entitled 'An act to incorporate the trustees and inhabitants of the towns of Hamilton and Rossville, in the county of Butler," passed January 17th, 1837. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the mayor and trustees of the town of Hamilton shall be elected annually on the first Saturday in May every year; and that so much of the second section of the act relating to said town, passed on the twenty-third day of February, eighteen hundred and thirty-three, as requires the election of said officers to be made triennially, be, and the same is hereby repealed. Sec. 2. That the Mayor and trustees of the town of Hamilton, shall have the power and authority to levy annually a tax on all the property within the corporation subject to taxation for State and county purposes, as the same has been or shall be appraised and returned upon the grand levy of the State, not exceeding, in any one year, one cent and five mills on the dollar, or one and a half per cent. upon the appraisment of said property; said tax to be levied and collected in the manner that is now provi ded by law for levying and collecting the corporation tax; and the amount of tax levied and collected, at any time, shall be expended for the use and benefit of the corporation exclusively; and when the same or any part thereof is applied to the purposes of improvement, such expenditure shall be within the limits of said town. Sec. 3. That the mayor and trustees of Hamilton shall publish annually, in the month of April, a statement of the receipts and expenditures of the corporation. C. ANTHONY, Speaker of the Senate. February 28, 1838. AN ACT To incorporate the Cleveland and Euclid Railroad Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Asa Cady, T. C. Compton, Manson Sherman, Peleg Sherman, and Paul P. Condit, together with those who may hereafter become stockholders in the manner hereinafter prescribed, their successors and assigns, be, and they are hereby created a body corporate, by the name and style of "The Cleveland and Euclid Rail Road Company," and shall so continue for the period of thirty years; and by that name and style shall be, and are hereby made capable in law to have, purchase, receive, possess and enjoy real and personal estate, and retain to them, their successors and assigns, all such lands, tenements, and hereditaments as shall be requisite for their accommodation and convenience in the transaction of their business; to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in courts of record and elsewhere, and also to have, make and use a common seal, and the same to alter, break, renew or change at pleasure. Sec. 2. That the said corporation shall be, and they are hereby, vested with the right and authority to construct a railroad from some convenient point on lot sixty-eight, in the township of Euclid, to some point in Cleveland township, convenient for intersecting with the Cleveland and Newburg railroad, in the county of Cuyahoga, on such route or line as may hereafter be deemed most eligible and proper by said company, in the mode which they may adopt for that purpose; to transfer, take and carry persons and property upon the same by the power and force of steam, of animals, or of any other mechanical or other power which said corporation may choose to employ. Sec. 3. That the capital stock of said company shall be sixty thousand dollars, and shall be divided into shares of fifty dollars each. |