sion of its members, and appointment of its officers, together with all management of its concerns: Provided, The funds of said society shall be applied to no other purpose than that of supporting a Lyceum and Public Library in said city of Toledo. Sec. 2. That John R. Osborn, Charles W. Hill, Charles E. Brintnall, J. Baron Davis, John Fitch, Hiram Walbridge, and Ezra E. Evans, be, and they are hereby appointed trustees, with full power and authority to conduct all and singular the concerns of said association, until others shall be elected under this act. C. ANTHONY, March 13, 1838. AN ACT Speaker of the Senate. To authorize the Commissioners of Lucas county to borrow money, and for other purposes. Sec. 1.. Be it enacted by the General Assembly of the State of Ohio, That the commissioners of the county of Lucas, and their successors in office, be, and they are hereby authorized to borrow, on the credit of said county, for the term of two years from and after the passage of this act, a sum of money not exceeding six thousand dollars, at a rate of interest not exceeding seven per cent. per annum; which money, when borrowed under the provisions of this act, shall be laid out in the manner hereinafter provided. Sec. 2. That the said commissioners and their successors are hereby authorized to lay out and expend said money (when borrowed) in the purchase of a certain quantity of land in said Lucas county, not exceeding three hundred and twenty acres, for the purpose of erecting thereon a poor house, and in erecting the same, which land and poor house, shall be for the use of said county. Sec. 3. That the said commissioners and their successors shall cause to be built certain bridges over Swan creek in said county, to be paid for out of the aforesaid sum. Sec. 4. That the said sum of money shall be expended for the purposes aforesaid, in such manner as said commissioners may deem most advisable, and for no other purpose whatsoever. C. ANTHONY, Speaker of the House of Representatives. March 13, 1858. Speaker of the Senate. AN ACT To protect the owners of the town of Summerfield, in Monroe county, and to legalize the survey of said town. Whereas, heretofore, to wit, in the year 1827, Moses Horton, of Monroe county, caused to be laid out and surveyed the town of Summerfield, in said county, consisting of thirty-two lots, on a part of the southeast quarter of section No. 32, and on a part of the southwest quarter of section No. 26, in township No. 7, of range No. 7, and afterwards sold and conveyed divers of the aforesaid lots to bona fide purchasers; but it since appears, that said original survey, and the other proceedings connected therewith, were not done in accordance with the then existing laws of this State: And whereas, the said Moses Horton, with the assent of the owners of said town,, did, on the thirteenth day of October, A. D. 1837, obtain the county surveyor of Monroe county to re-survey and lay out said town on the same lines and boundaries with the original survey, and in accordance with the laws now in force, and had the same acknowledged and recorded in the office of the recorder of said county: And whereas, the said Moses Horton, and the other owners of said town, are desirous to prevent any difficulty which might arise on account of the said former illegal survey and laying out of said town: Therefore, Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the survey of said town, made on the 13th of October. A. D. 1837, and recorded the third of November, 1837, in the Recorder's Office of Monroe county, be, and the same is hereby declared to be the legal and valid survey of said town from the time the same, and the proceedings connected therewith, were fully completed. C. ANTHONY, Speaker of the Senate. March 13, 1838. AN ACT To incorporate the Tallmadge Manufacturing Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Daniel B. Stewart, Jerry Mosher, and their associates, be, and they are hereby created a body corporate until the year one thousand eight hundred and sixty-five, to be known by the name of the "Tallmadge Manufacturing Company;" and by that name are hereby made competent to prosecute and defend all actions of every kind, in all courts of law and equity; to have and use a common seal, and alter the same at pleasure; to have, acquire, hold, possess, lease, and convey property, real, personal, and mixed, for the purpose of manufacturing, from any state or form to any form or quality, iron, steel, metal castings, machinery, and tools of all descriptions, of wood, metal, or of both. Sec. 2. The capital stock of said company may consist of one hundred and fifty thousand dollars, in shares of one hundred dollars each, considered as personal property, subscribed for, paid in, and assignable, on the books of said company, at such time and places, and in such manner, as said company's by-laws shall designate; the stockholders may give a vote for each share, in person or by proxy, except on delinquent stock; and from their number elect, annually, three or five directors, at the time, place, and in the manner their by-laws shall designate, who shall continue in office till their successors are chosen; and all vacancies occurring in the board of directors may be filled by remaining members; and said company may commence business when ten thousand dollars are subscribed. Sec. 3. The president and directors shall have power to make, alter, and repeal all by-laws, rules, and regulations make; and receive conveyances, purchases, and sales; appoint all necessary agents, prescribe their duties and fix their salaries; require assessments and instalments, and give dividends, according to the rules of said company; and having the full management and control of all the concerns of said company, except to determine their own salaries, which shall be done by the stockholders. Sec. 4. That said company shall be held liable, in their corporate capacity, in all their capital stock and effects, for all the debts due or owing by said company; and should the effects of said company, when exhausted, be insufficient to satisfy all the demands against said company, then the individual stockholders shall be held individually liable for unsatisfied claims against said company, in proportion to the amount of stock held by them respectively, and not paid into the joint funds, being made mutually equal; nor shall the debts of said company, at any time, exceed the amount of capital stock subscribed; and the directors, creating any such excess of debt, shall be held individually liable. Sec. 5. If any stockholder shall neglect or refuse to pay the assessments or instalments required on his share or shares, then shall such share or shares be sold publicly, at the office of the company, to the highest bidder, thirty days' previous notice having been given of such sale in any newspaper of Portage county; and the amount received, after deducting the assessment or instalment, and the expense of the same, shall be paid, at any time within one year from the sale, to said delinquent stockholder, and all his right and interest in said shares shall be thereby transferred to the purchaser of the same, except, previous to the day of sale, such delinquent stockholder or stockholders shall have paid all demands and expenses accruing on account of delinquency. Sec. 6. The books of said company shall ever be open for the inspec tion of the stockholders; and the directors shall cause, annually, to be presented to the stockholders a full and accurate account and statement of the affairs of said company, recorded in a book provided expressly for that purpose. C. ANTHONY, GEORGE J. SMITH, March 13, 1838. L. L.-35. Speaker of the Senate. AN ACT To incorporate the city of Chillicothe, in the State of Ohio. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the county of Ross as is comprised within the following limits, to wit: beginning at the northwest corner of out-lot No. 173, as recorded on the plat of the town of Chillicothe; thence south, fifteen degrees east, to the southwest corner of out-lot No. 167; thence the same course, across Paint creek, to the south side; thence down the creek, with the meanders thereof, to a point whence a line north, fifteen degrees west, will strike the south corner of out-lot No. 33; thence north, fifteen degrees west, so far that a line [from] No. 75 east will reach the southwest corner of out-lot No. 62; thence north seventy-five east, to the southwest corner of outlot No. 98; thence north, fifteen degrees west, to the northeast corner of out-lot No. 106, the same course continued across the Scioto river to the north bank thereof; thence up the river, with the meanders thereof, on the north bank and binding thereon to a point on said north bank of Scioto river, whence a line south, seventy-five [degrees] west, will strike the middle of Arch street in Worthington's addition to the town of Chillicothe, on the bank of the Ohio canal; thence up the canal, on the north side thereof, including the tow-path, to the first bridge on said canal, at the crossings of the Deer creek road; thence south, seventy-five [degrees] west, so far that a line south, fifteen degrees east, will reach the place of beginning, be, and is hereby declared to be a city, and the inhabitants thereof are created a body corporate and politic, with perpetual succession, by the name and style of the "City of Chillicothe;" and as such, by that name, shall be capable of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered unto in any courts and places, and in all matters whatsoever; and also of purchasing, using, occupying, enjoying, and conveying real and personal estate; and may have and use a corporate seal, and change, alter, and re new the same at pleasure; and shall be competent to have, receive, and enjoy all the rights, immunities, powers, and privileges, and be subject to all duties and obligations incumbent upon, and appertaining to, a munici pal corporation; and for the better ordering and governing said city, the exercise of the corporate power of the same herein and hereby granted, and the administration of its fiscal, prudential, and municipal concerns, with the conduct, direction, and government thereof, shall be vested in the mayor and council, consisting of two members from each ward, to be denominated the city council, together with such other officers as are hereafter mentioned and provided for. Sec. 2. That the said city of Chillicothe shall be, and is hereby invested, as the lawful owner and proprietor, with all the real and personal estate, and all the rights and privileges thereof, together with all the property, funds, and revenues, and all money, debts, accounts, and demands due and owing, or in any wise belonging to, the mayor and commonalty of the town of Chillicothe, or which, by or under the authority of any former acts, ordinances, grants, donations, gifts, or purchases have been acquired. vested in, or are, or may be, owing or belonging to the said mayor and commonalty of the town of Chillicothe; and the same are hereby trans ferred to the corporate body created and established by this act, and all suits pending, and judgments recovered by, in favor of, or against, the said mayor and commonalty of the town of Chillicothe, together with all rights, interests, claims, and demands in favor of, or against the same, may be continued, prosecuted, defended, and collected, in the same manner as though this act had never been passed; and the said city shall be held accountable and made liable for all debts and liabilities of the mayor and commonalty of the said town of Chillicothe. Sec. 3. That the said city shall be divided into four wards, viz: by the middle of the alley between Second and Main streets, and by the middle of Paint street, extending the course of the alley and street to the outside. boundary of the corporation; the southeast ward shall be number one, the southwest ward shall be number two, the northwest ward shall be number three, and the northeast ward shall be number four, until such wards may be altered or their number increased by the city council, who are hereby authorized and empowered to make such alterations in the boundaries of, or to establish additional wards as the public convenience may require. Sec. 4. That the mayor of the said city shall be elected by the qualified voters thereof on the second Monday in April biennially, and shall hold his office for the term of two years, and until his successor shall be chosen and qualified; it shall be his duty to be vigilant and active in causing the laws and ordinances of said city to be put in force and duly executed; to inspect the conduct of all subordinate officers in the government thereof, and, as far as in his power, to cause all negligence, carelessness, and positive violation of duty to be prosecuted and promptly punished; he shall keep the seal of said city, sign all commissions, licenses, and permits which may be granted by, or under the authority of the city council, and shall keep an office in some convenient place in said city, to be provided by the city council; he shall perform such duties and exercise such powers as, from time to time, may devolve upon him by the ordinances of said city, not inconsistent with the provisions of the act, and the character and dignity of his office; and generally do and perform all such duties and exercise such other powers as pertain to the office of mayor, and shall, in his judicial capacity, have exclusive original jurisdiction of all cases for the violation of the ordinances of said city; and he is hereby vested with powers co-equal with justices of the peace within said city, and shall have power to exercise the same jurisdiction and authority, in civil and criminal cases, within the limits of said city, and shall be entitled to the same fees as justices of the peace in like cases; all process shall be directed to the city marshal, who is hereby authorized and empowered to exercise the same powers in serving such process, levying execution, and making distress on delinquents in civil and criminal cases, and shall be entitled to the same fees as constables are for the like services; and in case of misconduct in office of the mayor, recorder, treasurer, marshal, councilmen, or any subordinate officer, the city council have hereby pow. er to remove him or any of them, a majority of two-thirds concurring; and the mayor shall have power, and it shall be lawful for him, to award all such process and issue all such writs as shall be necessary to enforce the due administration of right and justice throughout said city, and for the |