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AN ACT

To incorporate the Dayton and Bellefontaine Turnpike Road Company.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Peter Odlin and James Grimes, of Montgomery county; Jonathan Taylor, Harmon J. Betts, and Elnathan Cory, of Clark county; Benjamin Sweet, Joel Fuson, William B. McCrea, and James Houston, of Champaign county; Samuel Newell, Raphael Moore, and John J. Rife, of Logan county, and their associates, be, and they are hereby, created a body corporate and politic, for the sole purpose of constructing a turnpike road from the town of Dayton, in the county of Montgomery, by way of New Carlisle, in the county of Clark, Middleburg, in Champaign county, to Belfontaine, in Logan county, by the name and style of the "Dayton and Belfontaine Turnpike Road Company," and by that name they, and their successors shall have succession till the year one thousand eight hundred and eighty; and shall be capable of holding capital stock to the amount of two hundred and twenty-five thousand dollars; and 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 January 7, 1817, and the act to amend the said act.

Sec. 2. The capital stock of said company shall be divided into shares of twenty-five dollars each; and for the purpose of obtaining stock, the commissioners named in this act, or a majority of them, may open books of subscription at Dayton, New Carlisle, Middleburg, and Bellefontaine, and such other places as they may think proper.

Sec. 3. Whenever two hundred shares of stock are taken, the commissioners named herein, or any three of them, may call a meeting of the stockholders at such time and place as they may think proper, by giving at least thirty days' notice thereof in a newspaper published in the town of Dayton, 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 then and there proceed to elect nine directors of said company in the manner pointed out in the act to provide for the regula tion of turnpike companies, passed January 7, 1817; and the said directors shall have all powers vested in such officers by the act aforesaid.

Sec. 4. That the following shall be the rates of toll for each and every ten miles of said road, and in the same proportion for a greater or less distance, to wit; for every four-wheeled carriage or wagon, drawn by one horse or ox, eighteen and three-fourth cents, for every horse or ox in addition, six and one-fourth cents; for every chaise, riding chair, cart, gig, or other wheeled carriage of any kind, drawn by one horse, twelve and a half cents, for every horse in addition, six and one-fourth cents; for every sled or sleigh, drawn by one horse or ox, twelve and a half cents; for every coach, chariot, or other four-wheeled pleasure carriage, drawn by one horse, driver included, twenty-five cents, for every additional horse, six and one-fourth cents; for every horse and rider, six and one-fourth cents; for every horse, male, or ass, led or driven, six months old and upwards, two cents; for every head of neat cattle, six months old or upwards, three, fourths of a cent; for every head of sheep or hogs, one-fourth of a 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 act entitled an act to provide for the regulation of turnpike companies, passed 7 January, 1817, saving only persons carrying the public mails of the United States, which last mentioned persons shall not pass free, as in said act provided: Provided, That the collector of toll on said road, or the agent having charge of the same at any toll gate, may compound by the year with any person or persons for tolls on said road, taking into consideration the num ber of miles such person or persons may usually travel upon said road within a year: Provided, also, That the Legislature may, at any time after the expiration of ten years from the time of the completion of said road, or any ten miles thereof, make any alteration in the rates of toll aforesaid. Sec. 5. At each gate, the company shall cause to be put up, in plain view and in legible characters, the rates of tolls to be paid at such gate, according to the terms of this act.

Sec. 6. That if said company shall not, within five years from the passage of this act, commence the aforesaid road, according to the true intent and meaning of this act, it shall be lawful for the Legislature to resume all the rights, liberties, and privileges granted by this act.

Sec. 7. In all other respects, not herein specified, said company shall be governed by the aforesaid act providing for the regulation of turnpike companies.

C. ANTHONY,

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

March 9, 1838.

AN ACT

To authorize the County Commissioners of Perry county to subscribe to the capital stock of any turnpike road company or turnpike road companies, when such road or roads shall enter into, or pass through, any part of said county.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That if the county commissioners of Perry county shall consider it to be for the general interest of said county, they are hereby authorized to subscribe, on behalf of the people of said county, to the capital stock of any turnpike road company or turnpike road companies, when such turnpike road or turnpike roads shall enter into, or pass through, any part of said county, and to pay the instalments thereon as they shall be required by the president and directors of any such company or companies: Provided, That the whole amount of such subscription or subscriptions shall not exceed the sumof thirty thousand dollars.

Sec. 2. If the board of commissioners shall subscribe to the capital stock of any company or companies as above provided, they are further authorized to borrow, on the credit of said county of Perry, any sum of

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money not exceeding thirty thousand dollars; and for the final payment of the principal and of the interest thereon, to pledge the faith of said county; and they shall levy and collect, annually, such taxes as, together with the tolls arising from the stock of such road or roads, will suffice to pay the interest of such loan, and other incidental charges and liabilities connected therewith.

Sec. 3. The said commissioners shall have power to hypothecate the stock so subscribed, as a security for the loan they may make, and to sell the same, and apply the proceeds to the payment of the loan; and the premiums obtained thereon shall be paid into the county treasury; and they shall also be empowered to make such arrangements for the payment of interest on said loan, or the saving of interest thereon, as the good of the people of Perry county may require.

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

March 9, 1838.

Speaker of the Senate.

AN ACT

To authorize the County Commissioners of Fairfield county to subscribe to the capital stock of any turnpike road company or turnpike road companies, when such road or roads shall enter into, or pass through, any part of said county.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That if the county commissioners of Fairfield county shall consider it to be for the general interest of said county, or in accordance with the desire of a majority of the inhabitants thereof, they are hereby authorized to subscribe, on behalf of the people of said county, to the capital stock of any turnpike road company or turnpike road companies, when such turnpike road or turnpike roads shall enter into, or pass through, any part of said county, and to pay the instalments thereon as they shall be required by the president and directors of any such company or companies: Provided. That the whole amount so subscribed shall not exceed the sum of sixty thousand dollars, nor shall such subscription exceed the sum of thirty thou sand dollars to the capital stock of any one company.

Sec. 2. If the board of commissioners shall subscribe to the capital stock of any company or companies as above provided, they are further authorized to borrow, on the credit of said county of Fairfield, any sum of money not exceeding sixty thousand dollars; and for the final paymen: of the principal and of the interest thereon, to pledge the faith of said county; and they shall levy and collect, annually, such taxes as, together with the tolls arising from the stock of such turnpike road or turnpike roads. will suffice to pay the interest of such loan, and other incidental charges and liabilities connected therewith.

Sec. 3. The said commissioners shall have power to hypothecate the stock so subscribed, as a security for the loan they may make, and te

sell the same, and apply the proceeds to the payment of the loan; and the premiums obtained thereon shall be paid into the county treasury; and they shall also be empowered to make such arrangement for the payment of interest on said loan, or the saving of interest thereon, as the good of the people of Fairfield county may require.

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

Speaker of the Senate.

March 9, 1838.

AN ACT

To extend the corporate limits of the city of Cincinnati.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the county of Hamilton as is contained within the following limits, to wit: beginning at Mill creek, where the section line crosses the same about one mile north of the present north boundary line of the city of Cincinnati; running thence east, parallel with the said north boundary line of Cincinnati, to the west boundary line of Fulton township, in said county; thence southwestwardly, along said west boundary line of Fulton township, to the said north boundary line of Cincinnati; thence westwardly, along said north boundary line of Cincinnati, to Mill creek; thence up said Mill creek, with its meanders, to the place of beginning, shall be annexed to the city and township of Cincinnati, and be henceforth a part thereof, subject to all existing and future laws and ordinances governing, or to govern, said city and township of Cincinnati.

Sec. 2. That before this act shall take effect, the qualified voters of said city and township of Cincinnati, and the qualified voters of the district included within the boundaries described in the first section of this act, shall approve of such annexation in the manner hereinafter provided.

Sec. 3. That the qualified voters of the city and township of Cincinnati are hereby authorized, at the time and places of holding their annual spring election in April next, to cast their votes, by ballot, for or against the extension of the limits of said city and township, as set forth in the first section of this act; at which election, it shall be lawful for said voters to endorse on their tickets "for annexation or "against annexation;" which tickets shall be received by the judges of the township election, and returns thereof made by said judges to the clerk of the court of common pleas of Hamilton county.

Sec. 4. That the qualified voters who may reside within the district included within the boundaries described in the first section of this act, are hereby authorized, at the time and place of holding the next annual spring election for township officers for Mill creek township, to cast their votes, by ballot, in favor of or against the annexation of the district, included within the boundaries described in the first section of this act, to the city and township of Cincinnati; at which election, it shall be lawful for said voters to endorse their tickets "for annexation" or "against annexation;"

which tickets shall be received by the judges of the township election for Mill creek township, and returns thereof made by said judges to the clerk of the court of common pleas of Hamilton county.

Sec. 5. That the clerk of the court aforesaid shall preserve the return of said judges on the files of his office, and publish a certified abstract from the returns so made of the votes cast as aforesaid, for or against the extension of said city and township limits, as provided for in the first section of this act, in at least two of the daily newspapers published in said city of Cincinnati.

Sec. 6. That if, from the returns made as aforesaid, it shall appear that a majority of the voters of the city and township of Cincinnati, and a majority of the voters of the district included within the boundaries described in the first section of this act, are in favor of the annexation of said district to the city and township of Cincinnati, then said district shall be and constitute the eighth ward of the city, until the same be altered by the city council of said city; and the mayor of said city shall give notice by proclamation, in at least two of the newspapers published in said city, that, on the first Monday in May next, an election will be held for the same number of city officers in the eighth ward aforesaid as the other wards of said city are respectively entitled to, (setting them forth,) at the house of Amos T. Williams, in said ward; at which election, the trustees of the fifth ward of the said city shall act as judges, and who shall make returns of said election as are made in like cases in said city; and the offcers so elected shall hold their offices until the next annual spring election, and until their successors are elected and qualified.

Sec. 7. That any justice of the peace within said district shall be considered a justice of the peace for the township of Cincinnati, until the expiration of his present term of office.

C. ANTHONY,

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

March 9, 1838.

AN ACT

Speaker of the Senate.

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To amend an act to provide for laying out and establishing a State road from Lancaster, in Fairfield county, to Newark, in the county of Licking, passed Februa7, 1827.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Thomas Holmes, James Lyons and John Haslip, be appointed commissioners to review so much of said road as lies between Hebron and the run, between Judge Taylor's old house and Samuel Hand's farm; and the same to alter and amend said road so as to make it a graded road, keeping as near on the tract now traveled as prácticable.

Sec. 2. That said commissioners shall be invested with the same powers and privileges, for the purpose of procuring the necessary materials therefor, and draining water therefrom, with which supervisors are invested; and the said commissioners may take any subscription or donation for

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