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be, and they are hereby, created a body corporate and politic, by the name of the "Harmar and Lancaster Turnpike Company," for the purpose of constructing a road on the most eligible route from the town of Harmar, in Washington county, to Lancaster, in Fairfield 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 of turnpike companies," passed 7th January, 1817, and the several acts amendatory thereto, except in so far as the same may be modified and changed by the special provisions of this act.

Sec. 2. The capital stock of said company shall be seventy-five thousand dollars, divided into shares of twenty-five dollars each.

Sec. 3. The above named persons, or any seven of them, may proceed to open books of subscription to the capital stock of said company, at such times and places as they may deem proper, agreeably to the act to provide for the regulation of turnpike companies aforesaid.

Sec. 4. That so soon as fifteen thousand dollars shall have been subscribed to the stock of said company, the persons named in the first section of this act, or any nine of them, may call a meeting of the stockholders, in the manner prescribed in the act to provide for the regulation of turnpike companies aforesaid, for the election of nine directors for the government of said company.

Sec. 5. That the following shall be the rates of toll for each ten miles of said road, and in the same proportion for a less distance, to wit: for every four-wheeled carriage, wagon, or other vehicle, 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 cart, chair, or other two-wheeled vehicle, drawn by one horse or other animal, twelve and a half cents, for every horse or other animal in addition, six and one fourth cents; for every sleigh or sled, drawn by one horse or other animal, twelve and a half cents, for every horse or other animal in addition, six and one fourth cents; for every coach or other four-wheeled pleasure carriage, drawn by two horses or other animals, twenty-five cents, for every horse or other animal in addition, six and one fourth cents; for every horse or other animal, and rider, six and one-fourth cents; for every horse, mule, or ass, six months old and upwards, led or driven, three cents; for every head of neat cattle, one cent; and the said company shall be entitled to demand and receive one-half of the foregoing 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 by the eleventh section of the general act, passed January 7th, 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. Sec. 6. If the said company hereby incorporated, shall not become organized agreeably to the provisions of this act, and commence operations within three years from and after the passage of the same, then, and in that case, their right to do so shall cease.

March 5, 1838.

C. ANTHONY,

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

Speaker of the Senate.

AN ACT

To incorporate the Franklin and Springborough Turnpike Company, in Warren county.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Martin W. Earhart, Egbert T. Smith, William Gregg, Mahlon Wright, Abel J. Thomas, and Charles Evans, of Warren county, and their associates, are hereby created a body corporate, with the name of "The Franklin and Springborough Turnpike Company."

Sec. 2. Said company shall have power to construct a turnpike road from the bridge across the Great Miami, at Franklin, in Warren county, as nearly on the ground of the present State road as convenience and the nature of the ground will permit, to Springborough, at the north end of Main street; thence down said street to the south termination thereof; and from thence, on the best route, to the Lebanon and Dayton road, at such point as may be found most eligible on said last mentioned road.

Sec. 3. The capital stock of said company shall consist of thirty thousand dollars, divided into shares of twenty-five dollars each; and for the purpose of obtaining stock, the persons named in this act, or any three of them, may open books of subscription for said stock at Franklin, Springborough, and such other places as they may direct.

Sec. 4. Whenever two hundred and fifty shares of stock are taken, the persons named herein, or any three of them, may call a meeting of the stockholders, at such time and place as may be thought most proper, by giving at least fifteen days' notice thereof, in a newspaper published in the county, and of the most general circulation in the neighborhood of said road; and at such meeting, the stockholders may adopt such articles of association as may be considered necessary for the government of said company, and shall proceed to elect five directors of said road company, in the manner pointed out in the "Act to provide for the regulation of turnpike companies," passed January 7th, 1817, who shall have all powers vested in them by that act.

Sec. 5. That as soon as said company shall have constructed the part of said road from Franklin to Springborough, or from Springborough to the Dayton and Lebanon road, at or near Charles Evans', and the same has been reported to the commissioners of Warren county, agreeably to the aforesaid act of January 7th, 1817, the commissioners of said county shall authorize the said company to erect gates, at suitable distances, on either section of said road which may be completed as aforesaid.

Sec. 6. On either section of said road, east and west of Springborough, said company shall not be permitted to take greater tolls than the following: for every two-wheeled vehicle, drawn by one animal, six and onefourth cents; for every four-wheeled vehicle, drawn by two animals, twelve and one-half cents, for every horse or other animal in addition, two and one-half cents; for every horse or other animal, and rider, five cents; for every horse, or animal of that kind, led or driven, two and one-half cents; for every head of neat cattle, six months old or upwards, two cents; for every head of sheep or hogs, two and one-half mills.

Sec. 7. At each gate the company shall cause to be put up and kept, in plain view and in legible characters, the amount of tolls to be paid in either direction, not exceeding the rates specified in the aforesaid section.

Sec. 8. In all other respects, not specially pointed out in this act, said company shall be governed by the aforesaid "Act providing for the regulation of turnpike companies," passed January 7, 1817.

C. ANTHONY,

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

March 5, 1838.

AN ACT

Speaker of the Senate.

To change the name of the Enon Baptist Church of Cincinnati.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the Enon Baptist Church of Cincinnati, incorporated by an act, passed February 7, 1832, shall hereafter be known by the name of the First Baptist Church of Cincinnati.

Sec. 2. Be it further enacted, That no right or title to any property heretofore acquired, shall be affected by the passage 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 village of Brighton, in the county of Cuyahoga.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the township of Brooklyn, in the county of Cuyahoga, as is comprised within the following limits, viz: beginning at the northwest corner of land owned by Elijah S. Young, on lot number sixty-four; thence west to the northeast corner of land owned by Abial Cushman, known as the Clark lot, and being on lot number fifty-seven; thence south to the northwest corner of land owned by Job Brainerd, being, also, on lot number fifty-seven; thence east, on said line, to the northeast corner of said Brainerd's land; thence continuing east, to land of said Elijah S. Young; thence north, on Elijah S. Young's west line, to the place of beginning, be, and the same is hereby created a town corporate, and shall hereafter be known by the name of the village of Brighton.

Sec. 2. That for the good government of said corporation and the inhabitants thereof, there shall be elected, on the second Monday in April next, and on the second Monday of April, annually, thereafter, a mayor, recorder, five trustees, an assessor, a treasurer, a street commissioner, a marshal, and such other officers as the town council shall create, and not otherwise provide for their appointment; the above named officers shall severally take the oath prescribed by the constitution of the State, and shall hold their offices for one year, and until their successors are elected and qualified; a failure to elect on said second Monday in April shall not

work a forfeiture of the charter, but an election may be held on some subsequent day, ten days' notice being given thereof.

Sec. 3. That all elections shall be by ballot; the polls shall be open at such time and place as the town council shall direct, not later than two o'clock, P. M., and shall be kept open until four o'clock, P. M.; all persons having the qualifications of electors of members of the General Assembly, who have resided in the corporation six months preceding the election, and who have no other fixed residence in the State, shall have the privileges of electors in the corporation.

Sec. 4. That at the first election held under this act, the electors shall, viva voce, elect two judges and one clerk, and at all subsequent elections, the mayor and trustees, or any two of them, shall act as judges, and the recorder as clerk of elections; at the close of the first election, the clerk, and at all subsequent elections, the recorder, shall make a list of the officers elected, and deliver the same to the marshal, who shall forthwith notify such persons to appear before the recorder, or other competent authority, and take the oath of office, which oath the recorder, being himself first sworn, is hereby authorized to administer; if the oath is taken before another officer, a certificate thereof shall be left with the recorder, and in all cases, the fact shall be entered on the record book; if any person elected to office shall neglect, for ten days, to take the necessary oath, and also to enter into such bonds as shall be required by this act, or by the ordinance of the town council, he shall be considered as refusing to serve, and shall be liable to a fine of two dollars, to be recovered by action of debt, in the name of the treasurer, before the mayor; but no person shall be compelled to serve more than two years in succession in the same office.

and,

Sec. 5. That the mayor, recorder, and trustees shall constitute the town council, and shall be a body politic and corporate, with perpetual succession, by the name and style of "The Town Council of Brighton," and, as such, may sue and be sued, plead and be impleaded, answer and be answered, in any court of law or equity having competent jurisdiction; in their corporate capacity, shall have power to receive, acquire, hold, sell, and convey any estate, real or personal, for the use and benefit of the corporation; they may have a common seal, which they may alter or break at pleasure; they shall have power to regulate the grading, paving, or otherwise improving the streets and highways of said town; they shall have power to establish and regulate markets, to license or prohibit shows or other public exhibitions; to create such offices as the public good may require, and provide for filling the same; to provide for the removal and prevention of nuisances; for the prevention and extinguishment of fires; and to make, ordain, and establish all such rules, regulations, and ordinances as the order, well-being, and good government of the corporation may require, not inconsistent with the constitution and laws of the United States, and of this State.

Sec. 6. That at all meetings of the town council the mayor shall preside, and the recorder act as clerk; in the absence or disability of either, or both, the town council may appoint a mayor or recorder, pro tempore, and may fill any vacancies that shall occur in their body; the person appointed to fill a vacancy, shall hold his office till the next annual meeting, and until his successor is elected and qualified, and shall have the same powers, per

form the same duties, and be subject to the same liabilities as if elected by the people: Provided, That temporary absence or disability shall not be considered as making a vacancy; not less than five shall constitute a quorum, but should the town council, by death, resignation, or otherwise, be reduced below that number, the remaining members or member may call a special election to fill the vacancies, by giving ten days' notice, in three public places, of the time and place of meeting; no ordinance or by-law shall be passed by the town council, unless it receives the votes of a majority of all the members present, taken by yeas and nays; nor shall any ordinance be binding on the inhabitants of, or property in, the corporation, until a copy thereof, attested by the recorder, shall have been published in some newspaper in general circulation in the corporation, or have been posted up ten days in some public place therein.

Sec. 7. That the mayor may call meetings of the town council when he shall deem it necessary; he shall, at least ten days before the annual election of the corporation officers, issue his proclamation, giving notice of the officers to be elected, of the place of holding the election, and of the time of opening the poll, which shall be published in some paper in general circulation in the town, or posted up in three public places therein; he shall be a conservator of the peace within the limits of the corporation, and shall have the powers of a justice of the peace therein, both in civil and criminal cases, and in all his acts as a justice of the peace, he shall be governed by the laws of this State, for the time being, regulating the duties of justices of the peace, and shall be entitled to the same fees that justices are entitled to for similar services; he shall enter into similar bonds, to be accepted by the trustees, and lodged with the recorder; it shall be his special duty to see that the laws and ordinances of the corporation are faithfully executed, and, for this purpose, he shall be, and hereby is, authorized to hear and determine all cases arising under such laws and ordinances, and to issue all such process as shall be necessary to carry the same into effect and final execution; but no warrant for a violation of the corporation ordinances shall be issued, except on actual view by the mayor, an affidavit duly sworn to, or information filed by the recorder; and an appeal may be taken from any decision of the mayor to the court of common pleas of the county of Cuyahoga, in the same manner as from that of a justice of the peace.

Sec. 8. The recorder shall keep a record of the proceedings of the town council, in which shall be entered the yeas and nays of the members on the final passage of an ordinance or by-law; he shall, in a separate book, record all the ordinances and by-laws passed by the town council, and publish or post up the same as directed; he shall attend to all prosecutions before the mayor for the violation of the laws of the corporation; he may file complaints with the mayor against delinquent officers, or persons violating the seventeenth or eighteenth sections of this act, on which the mayor may issue a capias or summons, as he may think advisable; he shall make duplicate lists of all the taxes levied by the town council, one of which shall be in a book, to be retained in his office, the other he shall deliver to the marshal or street commissioner, as the case shall require; he may, in the absence or disability of the mayor, call meetings of the town council; and shall, during such absence or disability, have cogni

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