created a body corporate and politic, by the name and style of the "Vermillion and Ashland Turnpike Road Company," for the purpose of constructing a turnpike road from some suitable point at or near the mouth of Vermillion river, in Huron county, on the most eligible route to Ashland, in Richland 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 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, hereby incorporated, shall consist of one hundred and fifty thousand dollars, in shares of fifty dollars each, and may be subscribed and held by individuals, companies or corporations, and shall be appropriated and applied to the uses and purposes in the first section of this act set forth; and any person desiring to discharge his subscription to the capital of said company in labor, or materials, on or for said road, shall so specify at the time of subscribing; in which case, the labor to be performed by such subscriber shall be assigned, and the value of the same estimated by the principal engineer superintending the construction of the road; or if materials be subscribed, the value thereof shall be estimated by such principal engineer: Provided, That in all cases of subscription to the capital stock of said company, five dollars in cash shall be paid, or secured to be paid, to the person or persons under whose superintendence subscriptions may be received, on each share subscribed; and the residue of such capital stock, whether in cash, labor or materials, shall be paid, discharged, performed and furnished, on the requisition of the directors for the time being. Sec. 3. The books for receiving subscriptions to the capital stock of said company, shall be opened at such times and places, and under the superintendence of such persons, as a majority of said commissioners, or a majority of such of them as may consent to act, may designate and ap point, agreeably to the act for regulation of turnpike companies, aforesaid. Sec. 4. That as soon as it shall be ascertained that ten thousand dollars of the capital stock of said company has been subscribed, said commissioners, or a majority of them, or a majority of such of them as consent to act, 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 so soon as said company shall have completed such road, as aforesaid, or any part of such road, not less than five continuous miles, and so, from time to time, as often as five continuous miles thereof shall be completed, an agent to be appointed for that purpose by the commissioners of the proper county, if not otherwise appointed by or under the Legis lature, or its authority, shall, on application of said company, examine said road, or part thereof, as aforesaid, and report his opinion to the president of said company; and if such agent shall report said road, or any continu ous five miles thereof, to be completed, agreeably to the requisitions of this act, said company shall thereupon be entitled to erect a toll gate or toll gates, at suitable distances on said road, and to demand and receive of those travelling or using the same, the tolls allowed by this act. Sec. 6. 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, drawn by two horses or oxen, twenty-five cents; for every horse or ox in addition, six and onefourth cents; for every sled or sleigh, drawn by two horses or oxen, twelve and one half cents; for every horse or ox in addition, six and onefourth cents; for every horse and rider, six and one-fourth cents; for every horse, mule or ass, led or driven, six months old or upwards, three cents; for every score of neat cattle, six months old or upwards, twenty-five cents, and a less number in proportion; for every score of sheep or hogs, twelve and a half cents; for every four-wheeled pleasure carriage, drawn by two horses, thirty-seven and a half cents; for every horse in addition, twelve and a half cents; for every two-wheeled pleasure carriage, drawn by one horse, twenty-five cents; for every horse in addition, twelve and a half cents: Provided, That all persons going to, and returning from public worship, elections, schools, militia musters, or funerals, shall pass free from tolls: And provided also, That said company shall be, and they are hereby authorized and entitled to demand and receive the like tolls from persons conveying the United States mail, as from other persons; and in case of neglect or refusal on the part of any person or persons engaged in the transportation of the mail, to pay the tolls by this act authorized, said company may proceed to collect the same, by action of debt, but shall not obstruct or delay the passage of the mail. Sec. 7. That if said company shall not, within five years from the passage of this act, proceed to carry on the work according to the true intent and meaning of this act, then, and in that case, it shall be lawful for the Legislature to resume all the rights and privileges hereby granted. C. ANTHONY, March 14, 1838. AN ACT To incorporate the Union Academy, in or near Marysville, in the county of Union. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Reuben P. Mann, Philip Plummer, Silas G. Strong, Cyprian Lee, Nathaniel Stewart, Samuel B. Johnson, William B. Irwin, James R. Smith, Alexander Pollock, David Chapman, and W. C. Lawrence, and their successors in office, be, and they are hereby created a body politic and corporate, with perpetual succession, by the title and name of the "Trustees of the Union Academy;" and shall be capable, in their corporate capacity, of contracting and being contracted with, of suing and being sued, pleading and being impleaded, of answering and being answered to, of defending and being defended, in any court of competent jurisdiction; may have a common seal, and may break or alter the same at pleasure; and shall have power to pass, ordain, establish and enforce such by-laws and ordinances as a majority of them, from time to time, shall deem expedient for the government of said corporation: Provided, Such by-laws and ordinances shall be consistent with the Constitution and laws of the United States and this State. Sec. 2. That said corporation may hold by purchase, and receive by gift, grant or donation, and alien and convey any estate, real, personal or mixed: Provided, The annual income shall not exceed five thousand dollars: And provided, The stock of said institution shall not be applied to banking purposes. Sec. 3. That the stock of said corporation may consist of one thousand shares of ten dollars each, to be paid by such instalments as the bylaws may direct. Sec. 4. That the officers of said corporation shall consist of eleven trustees, one treasurer, and one secretary, all to be elected by the shareholders, on the first Monday of June biennially; each shareholder shall have one vote for each share he may hold; and shareholders, non-residents of the county, may vote by proxy. Sec. 5. That the above named persons shall be deemed trustees until others are elected; and they are hereby authorized to appoint a treasurer and secretary, whose office shall expire with their own. C. ANTHONY, March 14, 1838. AN ACT Speaker of the Senate. To incorporate the Knox county Mutual Insurance Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Timothy Burr, Gilman Bryant, John Ridgely, D. S. Norton, G. Browning, J. E. Woodbridge, Elie Miller, S. J. Updegraff, J. Huntsbery, Johnson Elliott, E. G. Woodward, Isaac Hadley, Abel Hart, James Irvine, J. E. Davidson, S. F. Voorhies, B. S. Brown, H. B. Curtis, A. Banning, T. W. Rogers, J. N. Burr, A. Pyle, H. Curtis, C. Delano, C. P. Buckingham, M. H. Mitchel, and all other persons who may hereafter become members of said company, in the manner herein provided, be, and they are hereby made a body corporate and politic, by the name of the "Knox County Mutual Insurance Company," for the purpose of insuring their respective dwelling houses, stores, shops, and other buildings, household furniture and merchandise, against loss or damage by fire, whether the same shall hap pen by accident, lightning, or by any other means, excepting that of design in the insured, or by invasion of an enemy, or insurrection of the citizens of the United States; and by that name may sue and be sued, plead and be impleaded, appear, prosecute and defend, in any court of competent jurisdiction in this State, or elsewhere; may have and use a common seal, may purchase and hold such real estate as may be necessary to effect the objects of such association; and the same may sell and convey at plea sure; may make, establish, and put in execution such by-laws, ordinances and regulations as may be necessary or convenient for their regulation and government, and for the management of their affairs. Sec. 2. That all and every person or persons, who shall at any time become interested in said company, by insuring therein, and also their respective heirs, executors, administrators and assigns, continuing to be insured therein, as hereinafter provided, shall be deemed and taken to be members thereof, for and during the terms specified in their respective policies and no longer; and shall at all times be concluded and bound by the provisions of this act. Sec. 3. That there shall be a meeting of said company, at Mount Vernon, in the county of Knox, on the third Wednesday of October, annually, or on such other day, and at such other place as said company may hereafter determine, of which thirty days' previous notice shall be given by publication, in at least two newspapers, one of which shall be printed in the county of Knox, and in general circulation, stating the time, place and design of said meeting; at which meeting shall be chosen, by a majo rity of the members present, a board of directors, consisting of nine members, who shall continue in office until others have been chosen, and accepted the trust, in their stead; all vacancies happening in said board may be filled by the remaining members, until the next annual meeting; and a majority of the whole number present shall constitute a quorum for the transaction of business; special meetings of the company may be called by order of the directors, or in such other manner as the by-laws thereof may have prescribed. Sec. 4. That the board of directors shall superintend the concerns of said company, and shall have the management of the funds and property thereof, and of all matters and things thereunto relating, and not otherwise provided for by said company; they shall have power, from time to time, to appoint a secretary, treasurer, and such other officers, agents and assistants as to them may seem necessary, and prescribe their duties, fix their compensation, take such security from them as they may deem necessary for the faithful performance of their respective duties, and may remove them at pleasure; they shall determine the rates of insurance, the sum to be insured on any building, and the sum to be deposited for the insu rance thereof; they shall order and direct the issuing and making of all policies of insurance, the providing of books, stationery, and other things needful for the office of said company, and for carrying on the affairs thereof; and may draw upon the treasurer for the payment of all losses which may have happened, and for expenses incurred in transacting the concerns of said company; they shall elect one of their own number to act as president, and may hold their meetings monthly, and oftener if necessary, for transacting the business of the company, and keep a record of their proceedings; and any director disagreeing with a majority of the board, at any meeting, may enter his dissent with reasons therefor, on the record of their proceedings. Sec. 5. That every person who shall become a member of said company, by effecting insurance therein, shall, before he receives his policy, deposite his promisory note for such a sum of money as shall be determined by the directors, a part, not exceeding five per cent. of which said note L. L. -37. shall be immediately paid, for the purpose of discharging the incidental expenses of said institution; and the remainder of said deposite note shall be payable in part, or the whole, at any time when the directors shall deem the same requisite, for the payment of losses or other expenses; and, at the expiration of the term of insurance, the said note, or such part of the same as shall remain unpaid, after deducting all losses and expenses accruing during said term, shall be relinquished and given up to the signer thereof. Sec. 6. That every member of said company, shall be, and hereby is, bound and obliged to pay his portion of all losses and expenses happening or accruing in and to said company, to the amount of his deposite note and no further, and all buildings insured by, and with said assurance, together with the right, title and interest of the insured, to the lands of which they stand, shall be pledged to said company; and the said company shall have a lien thereon against the insured, during the continuance of his, her, or their policies. Sec. 7. That in case of any loss or damage by fire, happening to any member upon property insured in, and with said company, the said member shall give notice thereof in writing, to the directors, or some one of them, or the secretary of said company, within thirty days from the time such loss or damage may have happened; and the directors, upon a view of the same, or in such other way as they may deem proper, shall ascer tain and determine the amount of said loss or damage; and if the party suffering is not satisfied with the determination of the directors, the question may be submitted to referees, or the said party may bring an action against said company for the loss or damage, at the next court of common pleas, in Knox county, and not afterwards, unless said court shall be bolden within six months after said determination; but if holden within that time, at the next court holden in said county thereafter; and if upon trial of said action, a greater sum shall be recovered than the amount determined upon by the directors, the party suffering shall have judgment there for, against said company, with interest thereon, from the time said loss or damage happened, and costs of suit; but if no more shall be recovered than the amount aforesaid, the said party shall become non-suit, and the said company shall recover their costs: Provided, That, the judgment last mentioned, shall in no wise affect the claim of said suffering party to the amount of loss or damage, as determined by the directors aforesaid: Provided also, That execution shall not issue on any judgment against said company, until after the expiration of three months from the rendition thereof. Sec. 8. That the directors shall, after receiving notice of any loss or damage by fire, sustained by any member, and ascertaining the same, or af ter the rendition of any judgment as aforesaid, against said company, for such loss or damage, settle or determine the sums to be paid by the several members thereof, as their respective proportion of such loss, and publish the same in such manner as they shall see fit, or as the by-laws shall have prescribed; and the sum to be paid by each member shall always be in proportion to the original amount of his deposite note or notes, and shall be paid to the treasurer within thirty days next after the publication of said notice; and if any member shall, for the space of thirty days after the pub |