Sec. 6. Whenever any person shall fail or neglect to pay any instalment on his stock, called for by the company, after forty days' notice having been given of the time of payment, such person shall, for every month that the same remains unpaid thereafter, forfeit and pay to said company three per cent. for every month on [the] amount of such instalment; and whenever any instalment remains unpaid for the term of three months after it becomes due and payable, it shall be the duty of the company to sue for and collect the same, with the interest, penalty, and costs thereon; and if any instalment shall remain due and unpaid one year after it shall become due, the stock on which such instalment is due may be sold, and transferred on the books of the company to the purchaser, the overplus money, if any, after paying the whole amount of such stock in arrear, and the expenses of sale, shall be returned to the person previously owning such sold and transferred stock. Sec. 7. It shall be the duty of said company to construct a good, substantial graded road, not to exceed, in any place, an elevation of five degrees from, the plane of the horizon on eligible ground, to be selected by said company between Marietta and Newport, as named in the first section of this act; and also to build good, substantial bridges over Duck creek and Little Muskingum river, where said road may cross the same; and the directors aforesaid shall have power to perform every act necessary to construct the road and bridges mentioned by this act. Sec. 8. In case sufficient materials cannot be obtained from the lands on which said road shall be located, said company, their engineer, agents, contractors, and workmen shall have the right to enter upon any lands adjoining or in the vicinity of said road and bridges, and to dig, quarry, cut down, and carry away any gravel, stone, timber, or other material that may be necessary for the construction of said road and bridges. Sec. 9. If any difficulty shall arise between said company and the owner of any land through which said road may be located, or from which any materials are taken by said company for the construction of said road or bridges, respecting the amount of damages sustained by such owners, the amount of all such damages shall be determined upon the oath of three disinterested freeholders of the county of Washington, to be appointed by the commissioners of said county, upon the application, in writing, of either party; and said freeholders, in deciding questions of damages for lands occupied, shall take into consideration whether the premises through which the road may pass, are thereby rendered more or less valuable in consequence of the construction of said road and bridges, and shall assess the damages, if any, by determining how much less valuable, if any, such premises will be rendered by the construction of the aforesaid road and bridges, and the use of the materials aforesaid; and said freeholders shall, after a full and fair investigation of the matter in controversy, make out their award, in writing, and deliver the same to the Auditor of Washington county, who shall file the same in his office; and if said freeholders shall award any damages to the claimant or claimants, the company shall pay to him, her, or them the amount of said damages and the costs. Sec. 10. Said company shall cause said road to be opened not exceeding sixty feet wide, at least twenty feet of which shall be graded as named in the seventh section of this act, and with suitable culverts, drains, and safe and convenient bridges over the small streams, so as to be a convenient, useful road in ordinary seasons of the year; and shall construct the aforesaid bridges over Duck creek and Little Muskingum river, and shall keep the said road and bridges in repair, suitable for safe and convenient travel and passage thereon. Sec. 11. Whenever the said company shall have completed so much of the said road as lies north and west of the Little Muskingum river, and shall have erected bridges over Duck creek and Little Muskingum river as aforesaid, then said company shall be, and it is hereby, authorized to erect gates at both of the aforesaid bridges over Duck creek and Little Muskingum, and demand and receive from persons passing either of said bridges the following tolls, viz: For each carriage, or vehicle drawn by four horses, thirty-seven and a half cents, for each additional horse, five cents; for each sled, sleigh, wagon, cart, carriage, or other vehicle, drawn by two oxen, twenty cents, for each additional ox, three cents; for each sled, sleigh, wagon, or other vehicle, drawn by two horses, twenty-five cents, for an additional horse, five cents; for each sled, sleigh, wagon, or other carriage, or vehicle, drawn by one horse or other animal, twelve and a half cents; for every horse and rider, six and a fourth cents; for each foot passenger, two cents; for every horse, mule, or ass, six months old or upwards, led or driven, three cents; for every head of neat cattle, six months old or upwards, two cents; for every head of sheep or hogs, one half cent: Provided, That all persons going to, or returning from, public worship; all [school teachers, and all children going to, or returning from school; all funeral processions; all electors going to, and returning from, elections; all persons subject to military duty, going to, or returning from, militia muster; and all troops in the service of this State or of the United States, shall pass on said bridges free of toll: Provided, further, That the Legislature may, at any time after five years from the completion of said bridges, increase or lessen the tolls by this act allowed. Sec. 12. Previous to receiving toll at said bridges, the company, or their agent, shall set up and keep in a conspicuous place, over or near the gates erected at said bridges, a board, on which shall be painted or printed, in a plain and legible manner, the rates of toll allowed by this act. Sec. 13. Whenever said company shall have completed ten miles of said road, south and east of the Little Muskingum aforesaid, and in the manner pointed out in the tenth section of this act, then said company shall be, and in that case are authorized to demand and receive, at the toll gate of the Little Muskingum bridge aforesaid, of all persons traveling on the part of the road last named, and crossing said Little Muskingum bridge, one hundred per cent. in addition to the toll otherwise allowed by this act. Sec. 14. At any time subsequent to the commencement or completion of said road and bridges, the State or the commissioners of the county of Washington shall be entitled to purchase of said company, for the use of said county of Washington, all the right and interest which said company have, in, and to said road and bridges, by paying to said company the amount expended by it in the construction of said road and bridges, together with ten per cent. advance upon such expenditures. Sec. 15. If any person shall wantonly, wilfully, or maliciously des troy, injure, or obstruct said road, or any part thereof, or either of said bridges, every such person, upon conviction thereof before any justice of the peace in the county of Washington, shall be fined in any sum not exceeding one hundred dollars for each offence, to be recovered by an action of debt in the name of the company, and such person shall also be liable for all damages which he may commit as aforesaid. C. ANTHONY, March 5, 1838. AN ACT Speaker of the Senate. To incorporate the Jefferson, South Charleston, and Xenia Turnpike Road Com pany. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That John McDonald, John Rouse, S. N. Kerr, Thomas Jones, Peter Buffenberger, Simon Kenton, and James Mitchell, of the county of Madison, Robert Houston, Roland Brown, Robert Hill, William Holloway, Samuel Thomas, Thomas Merritt, Alexander Waddle, William Marshall, E. H. Bradbury, and Philip Hedrick, of the county of Clark; John Hivling, R. D. Foresman, John, Kendall, James McMillan, jr., John Orr, and Samuel Howell, of the county of Greene, and their associates, be, and they are hereby, created a body politic and corporate, by the name and title of the "Jefferson, South Charleston, and Xenia Turnpike Company," for the purpose of constructing a McAdamized turnpike road from Jefferson, on the national road, in Madison county, to London, in said county, by way of South Charleston, in Clark county, and Milford to Xenia, in Greene county; which company shall have all the rights, privileges, and powers, and be subject to all the restrictions defined in the "Act to provide for the regulation af turnpike companies," passed January 7, 1817, and the several acts amendatory thereto, except so far as the same may be modified or changed by the special provisions of this act. Sec. 2. That the capital stock of said company shall be two hundred thousand dollars, divided into shares of fifty dollars each. Sec. 3. That the above named persons, or any ten of them, may meet at the town of South Charleston, in the county of Clark, at such time as may, by themselves, be designated, and proceed to organize said company, and to take order for the opening of books for the subscription of stock, agreeably to the second section of the "Act to provide for the regulation of turnpike companies." Sec. 4. That so soon as thirty thousand dollars shall be subscribed to the capital stock of said company, the above named persons shall call a meeting of the stockholders, in the manner prescribed in the third section. of the "Act to provide for the regulation of turnpike companies," for the election of nine directors for the government of said company. Sec. 5. That said company shall be, and are hereby, authorized to construct said road on the line of any State or county road heretofore located and opened. Sec. 6. That said company be, and they are hereby, authorized to demand and receive from persons traveling on said road the following tolls for every ten miles travel thereon, and suitable proportions for a less distance, viz: for every four-wheeled carriage or wagon, drawn by one. horse or other animal, eighteen and three-fourth cents, for every horse or other animal in addition, six and one-fourth cents; for every chaise, riding chair, cart, gig, or other two-wheeled carriage, drawn by one horse or other animal, twelve and one-half cents, for every horse or other animal in addition, six and a fourth cents; for every sled or sleigh, drawn by one horse or other animal, twelve and one-half cents, for every animal in addition, six and one-fourth cents; for every coach, chariot, or other fourwheeled pleasure carriage, drawn by one horse or other animal, driver included, twenty-five cents, for every additional horse or other animal, and rider, six and one-fourth cents; for every horse or other animal, and rider, six and one-fourth cents; for every horse, mule, or ass, led or driven, six months old and upwards, two cents; for overy head of neat cattle, six months old and upwards, one cent; for every head of sheep or hogs, onefourth of a cent; and the said company shall be entitled to demand and receive one-half of the foregoing rates of toll on 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 exempted from paying tolls as are exempted in the eleventh section of the general act, passed January 7, 1817, before mentioned, saving only persons conveying the public mails of the United States, which last mentioned persons shall not pass free, as in said act provided. C. ANTHONY, Speaker of the House of Representatives. March 5, 1838. Speaker of the Senate. AN ACT To carry into effect the acts heretofore passed for the relief of James Hampson and John S. Parkinson. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That James Hampson and John S. Parkinson, of the county of Muskingum, be, and they are hereby, authorized to prefer, institute, or file in the Supreme Court of this State at, or to, any term thereof, in the county of Franklin, or in bank, an amicable suit in chancery against the State of Ohio, for such claim as they may have against the State, on account of the services performed or labor done on sections numbered one and two, on the deep cut of the Licking Summit of the Ohio canal; which suit or action shall be set down for hearing at the first term of said court after its institution, unless for good cause shown it shall be continued; and shall be L. L.-22. heard, considered, and decided as other causes are, by law or the rules of said court, heard and decided; and notice of the pendency of said suit or action shall be given, by a copy of the proper process being left with, or served upon, the Governor of this State, at least sixty days before the sitting of said court, in which said suit or action shall have been instituted; and the Governor is hereby authorized to employ counsel to appear and attend to said suit or action on behalf of and for the State of Ohio. Sec. 2. That, in determining said cause, no objection shall be taken to the right of said Hampson and Parkinson to prosecute the same for the reason that they were sub-contractors; and in adjudicating the same, the court shall be governed by the principles contained in the act of the 7th of March, 1835, entitled "An act for the relief of Hampson and Parkinson," and the joint resolution on the same subject, passed March 14, 1836, having reference to the several contracts heretofore made with contractors and sub-contractors, and the payments made and allowed under them, so far as they may deem such reference necessary to subserve the ends of justice, according to the principles of said act and resolution. Sec. 3. On the final hearing of the said suit, if a decree should be rendered in favor of the claimants, the amount of said decree of said court shall be certified by the clerk of said court, under the seal thereof; and upon presentation thereof to the Auditor of State, it shall be his duty to give to said claimants, plaintiffs as aforesaid, an order upon the Treasurer of State for the amount of such final judgment and decree, so entered and rendered by the said court, with costs, to be paid out of the canal fund of this State; but should the court be of opinion that the said Hamp. son and Parkinson have no valid claim, as set out by them in said suit or action, in law or equity, on account of the performance of work done by them on said sections numbered one and two in said deep cut, or the act and resolutions of the General Assembly in relation thereto, the said court shall dismiss such suit or action at the costs of the said Hampson and Parkinson. C. ANTHONY, Speaker of the Senate. March 5, 1838. AN ACT To incorporate the Harmar and Lancaster Turnpike Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Douglass Putnam, John Crawford, A. Stone, William Woodford, John de la Vergne, and A. Brooks, of Washington county, John Godlove, Thomas Tutman, and Joshua Brown, of Perry county, John C. Collins, William Campbell, Henry Stanberry, M. Z. Kreider, and Gotleib Steinman, of Fairfield county, and those who may hereafter be associated with them, |