lication of said notice, neglect or refuse to pay the sum assessed upon him, her or them, as his, her, or their proportion of any loss as aforesaid, in such case the directors may sue for and recover the whole amount of his, her, or their deposite note or notes, with costs of suit; and the money thus collected shall remain in the treasury of said company, subject to the payment of such loss and expenses as have, or may hereafter, accrue; and the balance, if any remain, shall be returned to the party from whom it was collected, on demand, after thirty days from the expiration of the term for which insurance was made. Sec. 9. That the said company may make insurances for any time not exceeding ten years; and any policy of insurance, insured by said compa ny, signed by the president, and countersigned by the secretary, shall be deemed valid and binding on said company, in all cases where the assured has a title, in fee simple unincumbered, to the building or buildings insured, and to the lands covered by the same; but if the insured have a less estate therein, or if the premises be incumbered, the policy shall be void, unless the true title of the insured, and the incumbrances of the premises be expressed therein, and in the application therefor. See. 10. That the directors shall settle and pay all the losses within three months after they shall have been notified as aforesaid, but no allowance is to be made in estimating the damages, in any case, for gilding, historical, or landscape painting, stucco or carved work. Sec. 11. That when any house or other building shall be alienated, by sale or otherwise, the policy shall thereupon be void, and be surrendered to the directors of said company to be cancelled; and upon such surrender, the insured shall be entitled to receive his, her, or their deposite notes, upon the payment of his, her, or their proportion of all losses and expenses that have accrued prior to such surrender: Provided, That the alienee or grantee, having the policy assigned to him, may have the same ratified and confirmed to him, her, or them, for his, her, or their own proper use and benefit, upon application to the directors, and with their consent, within thirty days next after such alienation, on giving proper security to the satisfaction of said directors, for such portion of the deposite or premium note as shall remain unpaid; and, by such ratification and confirmation, the party causing the same, shall be entitled to all the rights and privileges, and subject to all the liabilities to which the original party insured was entitled and subjected under this act. Sec. 12. That if any alteration should be made in any house or building, by the proprietors thereof, after insurance has been made thereon with said company, whereby it may be exposed to greater risk or hazard from fire than it was at the time it was insured, then, and in every such case, the insurance made upon such house or building shall be void, unless an additional premium and deposite, after such alteration, be settled with, and paid to, the directors or their agents; but no alterations or repairs in buildings not increasing such risk or hazard, shall in any wise effect insurance previously made thereon. Sec. 13. That in case any buildings situated upon leased lands, and insured by said company, be destroyed by fire, in such case the directors may retain the amount of the premium note given for insurance thereof, until the time for which insurance was made shall have expired; and at the expiration thereof the insured shall have the right to demand and receive such part of said retained sum or sums as has not been expended in losses and assessments. Sec. 14. That if insurance on any house or building shall be made and subsist in said company, and in any other office, or from and by any other person or persons at the same time, the insurance made in and by said company shall be deemed and become void, unless such double insurance subsist with the consent of the directors or agents, signified by endorsement on the back of the policy, signed by the president and sec retary. Sec. 15. That Timothy Burr, Gilman Bryant, John Ridgley, D. S. Norton, G. Browning, J. E. Woodbridge, Eli Miller, S. J. Updegraff, J. Huntsbery, John Elliott, E. G. Woodward, Isaac Hadley, Abel Hart, James Irvine, John 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, and M. H. Mitchel, named in the first section of this act or either two of them, may call the first meeting of the members of said company, at any suitable time or place, in the town of Mount Vernon aforesaid, by advertisement in either of the newspapers printed in said town, giving at least twenty days' notice of the time, place and design of said meeting, for the purpose of choosing the first board of directors, of making and establishing by-laws, and of transacting any business necessary and proper to carry into effect the intentions of this act: Provided, That no policy shall be issued by said company, until applications shall be made for insurance on one hundred and fifty thousand dollars, at least. Sec. 16. That each and every one of the directors of said company, shall, before he enters upon the duties of his office, give bond to the trea surer of the county of Knox, in the sum of five thousand dollars, with good and sufficient surety or sureties to the satisfaction of said treasurer, conditioned for the faithful discharge of the duties of his office, agreeably to the regulations of this act; and on the complaint of any person who has been injured by the misconduct of any director, it shall be the duty of said treasurer to cause said bond to be put to suit, on receiving security to indemnify the State against costs, and to certify to the court who is the pros ecutor in such cause; and the said court may, on motion of the defendants in said cause, order the prosecutor to find sureties to indemnify the defendants for their costs, should he fail to prosecute or recover thereon; and if the defendants shall plead performance of the conditions of said bond, the prosecutor may reply to as many breaches, respecting his interest, as he shall think fit; and the jury, on trial of such issues as shall be put to them, shall assess damages for such breaches as the prosecutor shall prove, and the court enter up judgment for the whole penalty of the bond, and issue execution in favor of the prosecutor for such a sum as the jury shall have found, damages and costs; and the judgment shall remain for the benefit of such person or persons as may, by a scire facias thereon, show that they have been injured by any breaches of the condition of said bond; and if the prosecutor fail to recover in such suit, the court shall award costs to the defendants, and thereof issue execution against such prosecutor: Provided, That any future Legislature may alteror repeal this act. Sec. 17. That from and after the passage of this act, any member of the Knox County Mutual Insurance company, or any other Mutual Insurance Company hereafter to be incorporated, shall or may be admitted as a competent witness, and his deposition used in the same manner as inhabitants of towns, districts, precints, or parishes are by law now admitted as witnesses and their depositions used. C. ANTHONY, Speaker of the House of Representatives. March 14, 1838. AN ACT Speaker of the Senate. To incorporate the Perrysburg and Bellefontaine Turnpike Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That John E. Hunt, Robert A. Forsyth and John Pray, of the county of Lucas; William Fowler, Colister Haskins, John Grover and Joseph A. Sergeant, of the county of Wood; John Campbell, William Taylor, Squire Carlin, Edson Goit, Norman Chamberlin and John P. Hamilton, of the county of Hancock; Obed Taylor, William Ferny, George Goodin and John R. Wear, of the county of Hardin; and Gabriel Slaughter, Samuel B. Morgan and Thomas M. Robb, of the county of Logan, and their associates, be, and they are hereby, created a body corporate, under the name of the Perrysburg and Bellefontaine Turnpike Company, for the purpose of constructing a turnpike road from Miltonville, on the Maumee river, to Bellefontaine, in Logan county, on the route now laid out and traveled between those points through Findlay, in Hancock county, and Kenton, in Hardin 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 or changed by the special provisions of this act. Sec. 2. That the capital stock of said company shall be one hundred thousand dollars, to be divided into shares of twenty-five dollars each. Sec. 3. That the above named commissioners, or a majority of them, shall meet at the town of Findlay, in Hancock county, at such time as they shall think fit, and proceed to organize the said company, and to make an order for the opening of books for the subscription of stock, agreeably to the second section of the said act to provide for the regulation of turnpike companies. Sec. 4. That so soon as ten thousand dollars of the stock of said company shall be subscribed, the above named commissioners 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 five directors for the government of said company. Sec. 5. That said company be, and they are hereby, authorized to demand and receive from persons traveling or using said road, the following tolls for every ten miles travel on said road, and in proportion for a less distance than ten miles, to wit: For every four-wheeled carriage or wagon, drawn by one horse or other animal, eighteen and three-fourths cents; for every horse or other animal in addition, six and one-fourth cents; foreve ry chaise, riding chair, cart, gig, or other two-wheeled carriage, of any kind or description, drawn by one horse or other animal, twelve and one-half cents; for every horse or other animal in addition, six and one-fourth cents; for every sled or sleigh, drawn by one horse or other animal, twelve and one-half cents; for every coach, chariot, or other four-wheeled pleasure carriage, drawn by one horse, twenty-five cents; for every horse and rider, six and a fourth cents; for every horse, mule or ass, led or driven, six months old and upwards, two cents; for every head of neat cattle, six months old and upwards, three-fourths of a cent; and 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 tolls 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. Sec. 6. Should either of said commissioners die, move away or refuse to serve, the commissioners of the county in which such vacancy may occur, shall, on notice thereof, by a majority of the commissioners, proceed to fill such vacancy. Sec 7. Provided, however, That the United States mail shall not pass free of toll, as provided in the act passed January 7th, 1817, but shall be subject to the same tolls that individuals are traveling on said road. March 14, 1838. C. ANTHONY, AN ACT To incorporate the Cuyahoga Falls, Medina, Wellington, and Norwalk Turnpike Road Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Elisha N. Sill, Birdseye Booth, Peter Voris, Seth D. Wetmore, Reese Jones, of Portage county; Orlen Capron, Stephen N. Sargent, Wm. Converse, and Arza Parsons, of Medina county; William Andrews, Sardine Wadsworth, Daniel J. Johns, and Austin Kingsbury, of Lorain county; Platt Benedict, O. Jenney, John Miller, Justin Sherman, Bela Cox and Smith Starr, of Huron county, and their associates, be, and they are hereby created a body politic and corporate, by the name and style of the "Cuyahoga Falls, Medina, Wellington, and Norwalk Turnpike Road Company," for the purpose of constructing a turnpike road from Cuyahoga Falls, in Portage county, by way of Medina, in Medina county, Wellington, in Lorain county, to Norwalk, in Huron 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 January 7th, 1817, and the several acts amendatory thereto, excepting 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 twenty-five dollars each. Sec. 3. That the above named persons, or any seven of them, may meet at the town of Medina, in the county of Medina, 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, agrecably 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, or a majori ty of them, 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-fourths 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 one-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, six and one-fourth cents; for every horse or other animal, and rider, six and one-fourth cents; for every horse, mule orass, led or driven, six months old and upwards, two cents; for every head of neat cattle, six months old and upwards, one cent; for every head of sheep or hogs, one-fourth of a cent; and the said company shall be entitled to demand and receive onehalf 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 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 provided. C. ANTHONY, Speaker of the House of Representatives. GEORGE J. SMITH, March 14, 1838. Speaker of the Senate. |