AN ACT

To incorporate the town of Bainbridge, in the county of Ross.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the township of Paxton as will include the recorded plat of Bainbridge, to wit: Beginning at the northwest corner of out lot number seven; thence running with the west line of out lots to the southwest corner of out lot number twelve; thence with the southern line of out lots to a point opposite to Joseph Taylor's southeast corner; thence in a northern direction to said corner of Joseph Taylor's; thence with Taylor's line to a point opposite the northeast corner of out lot number two; thence in a western direction to said corner of out lot number two; thence with the northern line of out lots to the beginning; together with such addition as may hereafter be made and recorded thereto, be, and the same is hereby, created a town corporate, by the name of Bainbridge.

Sec. 2. That for the order and good government of said town, it shall be lawful for the inhabitants thereof, having the qualification of electors of the General Assembly, to meet on the first Monday of April next, and on the first Monday of April annually thereafter, and elect by ballot one mayor, one recorder, and five trustees, who shall hold their respective offices for the term of one year and until their successors shall be elected and qualified; and they shall constitute the town council of Bainbridge. Sec. 3. That at the first election under this act, the electors present shall choose viva voce, two judges and a clerk, who shall each take an oath or affirmation, faithfully to discharge the duties assigned them; and at all elections thereafter, the trustees or any two of them, shall be judges, and the recorder, clerk; and at all elections, the polls shall be opened between the hours of ten and twelve, and closed at three o'clock P. M.; the votes shall be counted and proclaimed by one of the judges; and the clerk shall deliver to each person elected, or leave at his usual place of abode within three days thereafter, a written notice of his election; and the person so notified, shall, within ten days thereafter, take an oath or affirmation to support the Constitution of the United States and the Constitution of this State, and also an oath of office.

Sec. 4. That the mayor, recorder and trustees, shall be a body corporate and politic, with perpetual succession, by the name of the Town Council of Bainbridge; shall be capable of acquiring and holding estate and property, real, personal and mixed; may sell and convey the same; may have a common seal, and may alter or change the same; may sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law and equity in this State or elsewhere; and whenever any suit is commenced against the corporation, the first process shall be by summons, an attested copy of which shall be left with the recorder at least three days before the return day thereof.

Sec. 5. That the mayor, recorder and trustees shall have power to make such by-laws, ordinances and regulations, for the safety, health and convenience of said town as they may deem advisable and just: Provided, They be consistent with the Constitution of the United States and Constitution and laws of this State; and they shall have power to fill all vacancies occasioned by death, removal or otherwise, to appoint a treasuL. L.-21.

rer, town marshal and such subordinate officers as they may deem necessary, to prescribe their general duties and require such security as they may think necessary to secure the faithful performance of their duties, to remove them at pleasure, to fix and establish their fees not established by this act.

Sec. 6. The mayor shall be conservator of the peace within the limits of said corporation, [and] therein shall have the power and jurisdiction of a justice of the peace in civil cases, and in criminal matters his jurisdiction shall be co-extensive with the county; and process by him issued shall be directed to the marshal; he shall receive the same fees as justtices of the peace are entitled to for similar services; he shall receive a copy of all laws of a general nature, and give bond with security as is required of a justice of the peace; and appeals may be taken from his deci sions to the court of common pleas in the same manner as appeals are ta ken from the judgments of a justice of the peace; he shall keep a docket and in all respects be governed by the laws as justices of the peace are.

Sec. 7. It shall be the duty of the recorder to keep a true record of the proceedings of the council, which record shall at all times be kept open for the inspection of the electors of said town; and the recorder shall preside at all meetings in the absence of the mayor, and shall perform such other duties as may be required of him by the laws and ordinances of said corporation.

Sec. 8. The council shall have power to levy a tax, annually, for corporation purposes, on all property within the limits of said corporation, returned on a grand levy made subject to taxation by the laws of this State: Provided, That said tax shall not in any one year exceed three mills on the dollar; and the said council shall annually, between the first day of May and the first day of July, determine the amount of tax to be assessed and collected for the current year; the recorder shall make a duplicate thereof, charging thereon each individual an amount of tax in proportion to his property as assessed on the grand levy for taxation, which said duplicate shall be certified by the mayor and recorder and delivered to the marshal, who shall proceed to collect the same, in the same manner and under the same regulations as county treasurers are required by law to collect county and State taxes; and the said marshal, as soon as collected, shall pay the same over to the treasurer of the corporation.

Sec. 9. Said council may appropriate any moneys in the treasury for the improvement on the streets and side-walks, and any other improvements that may be deemed necessary; and shall have the use of the jail of the county for the imprisonment of such persons as may be liable to imprisonment under the by-laws and ordinances of said corporation; and all persons so imprisoned shall be under the care of the sheriff as in other cases. Sec. 10. Twenty days before each annual election, the town council shall put up in some conspicuous place within said town, an accurate account of the moneys received and expended by said corporation since the last annual election, with the source from which they were derived, and the objects on which they were expended.

Sec. 11. The council shall have power, when they may deem it necessar, to extend Quarry street, in said town, to Paint creek, and establish

said

street with Paint creek as a good landing can be obtained, and the said ferry shall be governed by the law regulating ferries on like streams: Provided, The assent of the proprietors of land whose rights may be af ected thereby shall have been first given.

Sec. 12. The officers of said corporation shall respectively deliver to their successors, on demand, all such books and papers as may in any wise appertain to their offices.

Sec. 13. The council shall have the exclusive right of forming the road and districts within the limits of said corporation, and appointing suitable supervisors for such districts when formed, who shall be governed, in the performance of their duties, by the law regulating the duties of su pervisors in other cases; and all road tax charged on the county duplicate on property within the limits of said town, shall be worked out under the direction of the proper supervisor within said town, as the said town authorities may by resolution designate and point out; and all taxes charged for road purposes as aforesaid, on property within the limits of said town, and collected by the county treasurer, shall be paid over into the hands of the town treasurer aforesaid, to be especially appropriated by the council to road purposes within said town, according to the provisions of said act. Sec. 14. Any future Legislature may alter or amend this act: Provided, Such alteration or amendment shall not divert the property of the corporation from the purposes herein expressed, or invalidate any contract entered into by said corporation.

C. ANTHONY,

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

March 2, 1838.

Speaker of the Senate.

AN ACT

To incorporate the Hebrew Beneficent Society of Cincinnati.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That P. Symonds, Henry Hart, S. Cohen, Moses Hassan, Simon Moses, Abraham Myers, Benjamin Silvers, Samuel Bruel, S. Kahn, J. L. Workum, Judah Hart, Nathan Levy, Joseph Symonds, M. A. Wartcki, M. Benhouch, David Cerp, Simon Greenbaum, Cauffman Oppenhumer, Leopold Milius, Halick Levy, F. Abeorder, Maurice Symonds, Abraham Wolf, and David Goldsmilk; their associates and successors, be, and they are hereby, constituted and made a body politic and corporate, for the period of twenty years, under the name of "The Hebrew Beneficent Society of Cincinnati," and under that name may sue and prosecute, and be sued and prosecuted to final judgment and execution in all courts having competent jurisdiction; and may have a common seal, and the same alter and renew at pleasure.

Sec. 2. That said society, under their corporate name, shall be capable in law of purchasing, holding, using, and enjoying any property, personal and real, to the amount of twenty thousand dollars, which they may acquire by any contract, deed, bargain, gift, or last will and testament, or

by any other legal means whatsoever; and to make all necessary by-laws for the government of said society, and management of the affairs thereof, not repugnant to the laws of Ohio.

Sec. 3. That said society shall be represented by two warden seniors, who shall hold their office for one year, and until their successors are chosen; and no person to be chosen to fill said offices who has not attained the age of twenty-three years, and (has not) permanent residence in the city of Cincinnati; and that no person shall be elected to said office more than two years in succession.

Sec. 4. That said society shall elect, annually, a secretary and treasurer; the treasurer shall give security for the faithful discharge of his duty in such sum as the society shall deem proper.

Sec. 5. That the elections of officers to fill the above named offices shall take place every year, on the middle days, and all votes shall be given by ballots at a general meeting called for that purpose, by a written or printed notice, at least three days previous to said election.

Sec. 6. That the funds of said society shall be for the benefit of all its members, and it shall be their duty to dispense charity, if the treasury of said society is in a condition to do so, to any Israelite applying therefor, if he or she be a proper object in the opinion of the vestry; the funds of said society shall be vested in such manner as a majority of the members present, at any legal meeting, shall deem most for the advantage of the society: Provided, The funds of said society shall, in no wise, be employed for banking purposes.

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

March 5, 1838.

Speaker of the Senate.

AN ACT

To authorize the Directors of School Districts numbers four and seven, in the township of Perry, Stark county, to borrow money.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the school directors of districts numbers four and seven, in the township of Perry, Stark county, and their successors in office, be, and they are hereby, authorized to borrow, on the credit of said districts, a sum for each district not exceeding one thousand five hundred dollars; which money, when borrowed under the provisions of this act, shall be applied, by said directors, to the purchase of a lot in their respective districts, and for the erection of school houses thereon for said districts, and for no other purpose whatever.

Sec. 2. That each district shall be bound for the payment of the money borrowed for their respective districts under the provisions of this act.

C. ANTHONY,

Speaker of the House of Representatives.

GEORGE J. SMITH,

March 5, 1838.

Speaker of the Senate.

AN ACT

To incorporate the Marietta and Newport Turnpike Road and Bridge Company.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Joseph Barker, jr., Charles Dana, Ebenezer Battelle, John Mills, William West, James M. Booth, John De La Vergne, Noah L. Wilson, Charles Shipman, Joseph Holden, William Dana, Dudley Woodbridge, Daniel H. Buell, William A. Whittlesey, Weston Thomas, Robert T. Miller, Daniel Greene, Jonas Moore, Richard Greene, Nahum Ward, Benjamin Racer, [and] Ira Hill, together with such other persons as may be associated, be, and they are hereby, constituted a body politic and corporate, with perpetual succession, by the name and style of the "Marietta and Newport Turnpike Road and Bridge Company," for the purpose of constructing a road from the corporation line of Marietta to a point opposite the foot of Middle Island at Newport, in the county of Washington, to meet a turnpike road, authorized by the Legislature of the State of Virginia, styled "The Middle Island Creek Turnpike;" and also for the purpose of erecting bridges over Duck creek and Little Muskingum river.

Sec. 2. The capital stock of said company shall be thirty thousand dollars, which shall be divided into shares of fifty dollars each; and for the purpose of obtaining stock, the first ten persons named in the foregoing section, or a majority of them, may open books for subscription of stock at such times and places as they may deem proper.

Sec. 3. Whenever two hundred shares of the capital stock of said company are subscribed, the persons under whose direction the books of subscription shall have been opened, or a majority of them, shall call a meeting of the stockholders, at such time and place as they may deem proper, by giving twenty days' notice of the same in some newspaper printed in the county of Washington, for the purpose of electing five directors, who shall continue in office for the term of two years, and until their sucessors are elected; and in all elections of officers, and other votes of the stockholders in meetings assembled, each stockholder shall be entitled to one vote for each share held by him, and upon which all instalments, duly called for, shall have been paid; and any stockholder may vote by proxy, appointed in writing, but none but a stockholder shall be a proxy.

Sec. 4. If, at any time, the directors shall not be elected on the day fixed for the purpose, any three of the stockholders of said company may call a meeting for that purpose of electing directors; and any three or more of the stockholders, who hold not less than fifty shares, may call a general meeting of the company, by giving notice of the time and place of such meeting in the manner pointed out in the preceding section.

Sec. 5. The directors, at their first meeting after their election, shall choose, out of their own body, a president, who shall hold his office during the term for which he was elected director; and the directors shall have power to appoint a treasurer and secretary, and such other officers, engineers, and agents as they may deem expedient; to fill all vacancies which may occur in their own body, (but no person shall be a director who is not a stockholder;) and all the business and affairs of said company shall be conducted by, and under the management, of the aforesaid directors, any three of whom shall form a quorum for the transaction of business.