make a certificate of such appraisement, with a particular description of the premises, to which certificate a majority of them shall sign their names, and deliver to each party a copy, and immediately thereafter, if no damages are assessed, or no payment or tender of the money, to the amount of damages assessed to the person or persons injured, his guardian, agent or attorney, the company, as aforesaid, may proceed to enter upon and occupy such lands, streams or waters, and a complete title to the premises, to the extent, and for the purposes set forth in, or contemplated by this act, shall thereby be vested and forever remain in the said company: Provided, however, That if either party shall consider himself or themselves aggrieved by the decision of the appraisers, so aforesaid made, such party may appeal to the court of common pleas of the proper county, at the succeeding term of said court, and such decision shall be final and determinate between the parties, but the pendency of any such appeal shall not in the mean time hinder the progress of the work. Sec. 8. That in all cases when any bridge or bridges across the east branch of said Huron river, are so located that said navigation or canal cannot be laid out and made without interfering therewith, it shall be lawful for said company to cause such bridges to be so altered as that said navigation or canal may be laid out and constructed: Provided, That said company shall cause such bridges, thus altered, to be put in as good repair without delay, as the old ones were at the time of removing them, at their own cost and expense. Sec. 9. That when the whole or any part of said improvement is com pleted, the president and directors of said company shall have power, if deemed by them advisable, to ordain and establish a rate of tolls, which shall be paid on boats, rafts, or other property passing on such part or whole of said improvement that is navigable; and for the collection of said tolls, the president and directors may appoint a collector, and establish a toll house at some suitable place, and may ask, demand, and receive, on all boats, rafts or other property, passing or navigating on said improvement, such toll or tolls as shall be established by said company under the provisions of this act. Sec. 10. That the president and directors shall, annually or semiannually, declare and make a dividend of the profits arising from tolls or any other source, reserving such sum or sums as will defray the necessary current, and probable contingent expenses, which dividend shall be paid or passed to the credit of the stockholders severally, in proportion to the shares each may hold in the stock of said company. Sec. 11. That the company shall be entitled to the benefit of all laws which are, or hereafter shall be in force for the collection of tolls or rents, or for the protection of any canals constructed by the State, so far as such law or laws are necessary to insure the collection of tolls or rents, or for the protection of said improvement, its appendages or other property which the company may lawfully hold, in order to carry into effect the provisions of this act. Sec. 12. That so soon as said company shall have become organized by the election of a president and directors, agreeably to the provisions of this act, and shall have given notice thereof to the Board of Public Works said Board shall cause the necessary survey and estimate to be made of said improvement, and report such survey and estimate to the president and directors of said company. C. ANTHONY, Speaker of the House of Representatives. March 15, 1838. Speaker of the Senate. AN ACT To incorporate the Dover Academy, in the county of Tuscarawas. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Wright Warner, Wyman Spooner, Thomas J. Frazier, Salathiel, C. Coffinbry, John Hilt, jr., Benjamin Miller, William Winnull, Francis Rough, Isaac Steese, Jonathan Tucker, and William Graham, together with such persons as may be hereafter associated with them for the purpose of establishing and maintaining a seminary of learning in the town of Dover, in the county of Tuscarawas, be, and they are hereby created a body politic and corporate, with perpetual succession, by the name of the "Dover Academy," and by that name shall be competent to contract and be contracted with, sue and be sued, plead and be impleaded, in all courts of law and equity; to acquire, hold, posses and enjoy, and to give, grant, sell, convey, rent, or otherwise dispose of at pleasure, property, both real and personal: Provided, That the annual income of such property shall not exceed six thousand dollars: And provided also, That the funds, privileges and immunities of said body politic and corporate, shall be, and for none other than the purposes of education. Sec. 2. That any three of the persons named in the first section of this act, shall have power to call a meeting of said corporation, by giving fourteen days notice thereof by advertisement in any newspaper published in the town of Dover, or in the county of Tuscarawas. Sec. 3. That the said body politic and corporate shall have power to form a constitution and enact by-laws for its government, to prescribe the number and title of its officers, and define their powers and duties; to prescribe the manner in which members may be admitted and dismissed, and all other powers necessary for the efficient management of its corporate concerns: Provided, The constitution, by-laws and regulations of the said body politic and corporate be consistent with the Constitution and laws of the United States and of this State. C. ANTHONY, Speaker of the House of Representatives. March 15, 1838. Speaker of the Senate. AN ACT To amend the act entitled "An act to incorporate the Medina Steam Mill Company, in the county of Medina," passed March 10, 1837. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Timothy Hudson, William Patterson, Hilen Booth, and Benjamin Durham, and such other persons as may hereafter be associated with them, for the purpose of driving machinery by steam, electro-magnetic, or such other powers as they may choose, in the township of Montville, in the county of Medina, be, and they are hereby created a body corporate and politic, by and under the name and style of the "Medina Steam Mill Company," and by that name and style shall exist and have succession until the year one thousand eight hundred and seventy; and be capable of suing and being sued, contracting and being contracted with, answering and being answered unto, in any court having jurisdiction of the same; and to execute any deeds, bonds or other instruments of writing necessary for the transaction of their business, to enter into any branch of manufactures, and to appoint such agents or officers as they may choose, and may have a common seal, and the same break, alter or renew at pleasure, and be capable of holding and disposing of at pleasure, all kinds of property, real and personal, to such an amount as may be necessary for the object and purposes of said corporation. Sec. 2. That the capital stock of said corporation shall not exceed fifty thousand dollars, and shall be divided into shares of one hundred dollars each, and the persons named in the first section of this act, or a majority of them, are hereby authorized and appointed commissioners, to open books of subscription to the stock of said company, at such time and place, and under such regulations as they may deem proper. Sec. 3. That so much of the act to which this is an amendment, as is inconsistent with the provisions of this act, be, and the same is hereby repealed. C. ANTHONY, Speaker of the House of Representatives. Speaker of the Senate. March 15, 1838. AN ACT Making special appropriation of the Three per cent. Fund, in the county of Miami. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That fifty dollars of the Three per cent. Fund, now in the treasury of the county of Miami, or which may hereafter come into the treasury of said county, be expended under the direction of Nathan Hill, of said county, in constructing a bridge across Stillwater, near where the State road leading from Troy, in said county, to Greenville, in Darke county, crosses said stream; which sum, hereby appropriated, shall be paid out of the treasury of said county, on the order of the county auditor, in favor of said Nathan Hill. C. ANTHONY, Speaker of the House of Representatives. Speaker of the Senate. March 15, 1838. AN ACT To incorporate the Ohio Manufacturing Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Levi Beardsley, Thomas W. Olcott, Oliver A. Morse, John A. Bryan, Josiah D. Weston, Asahel Chittenden, James Walcut, John McElvain, Jacob Sleigh, Nathaniel Medbery, Carter B. Harlan, Isaac N. Whiting, and their successors, be, and they are hereby created a body corporate, for the term of thirty years, by the name of the "Ohio Manufacturing Company;" and by that name are hereby made competent to prosecute and defend actions of every kind, before all courts of law and equity; to acquire, hold and convey property, real, personal and mixed, to any amount, not exceeding two hundred thousand dollars; to have and use, and alter at pleasure, a common seal; to make and enforce such by-laws as may be necessary for the management of said corporation, and which are not repugnant to the laws of this State, and of the United States: Provided, That if said company shall, at any time, contract or owe any debt over and above the capital stock of the said company subscribed, the stockholders, at the time of contracting such excess, shall be liable for the same, in their private and individual capacity. Sec. 2. The capital stock of said company may consist of two hundred thousand dollars, to be divided into shares of one hundred dollars each, and shall be considered as personal property, and assignable on the books of said company, in such manner as the by-laws of the company shall determine; and each share shall entitle its holder to one vote at all elections or meetings: Provided, That after the first election no shares shall confer a right of suffrage which shall not have been holden by the owner thereof, and so appear on the books of said company at least one calender month previous to the day of election; and absent stockholders, executors and administrators of deceased owners may vote by proxy, under such regulations as the company shall adopt. Sec. 3. The said John A. Bryan, Josiah D. Weston and Isaac N. Whiting, or either of them, may open books for subscription to the stock of said company at Columbus, twenty days' notice thereof having been given in a newspaper printed at Columbus; and when one thousand shares shall have been subscribed, and ten dollars on each share paid to the commissioners aforesaid, the subscribers may then and there proceed to elect, by ballot, three or more directors, one of whom shall be president, who shall continue in office until their successors are chosen; and on the same day annually thereafter, or such other day as the company may determine, the stockholders shall meet to elect said board of directors, and for the transaction of any business proper for them to do; vacancies occurring in the board of directors may be filled by the remaining members. Sec. 4. The directors may issue certificates for the balance of the stock of said company, whenever two thirds of the shares already subscribed as aforesaid, shall direct, and may also, by a vote of the majority of said shares, require instalments to be paid in, not exceeding ten per centum on each share, or oftener than one instalment in each calender month; and if any stockholder shall refuse to pay any such instalment after thirty days' notice of the same has been regularly ordered, the shares upon which such instalment shall be withheld may be publicly sold to the highest bidder, at the office of said company, thirty days' notice having been previously given of such sale, in a newspaper printed at Columbus; and the amount received at such sale, after deducting expenses of the same, shall be paid, within one year, to said delinquent stockholder; and all his right and interest in said shares thereby transferred to the purchaser of the same: Provided, That instalments due may be paid at any time previous to said day of sale, by paying, at the same time, all expenses that may then have accrued in consequence of delinquency. Sec. 5. The said corporation may erect a dam on the Whetstone river, on lands belonging to said corporation, and dig or construct a race from the pond, for hydraulic purposes, and use the water for such other purposes as the corporation shall deem most advisable, returning the water to said river, or to the Scioto, on the lands of the corporators; and the said corporation is authorized to carry on the manufacture of paper, iron, cotton and woollen goods, and other useful branches of business; and may build and erect such furnaces, forges, mills and works, machines and buildings, as may be convenient and necessary for the successful carrying on such useful manufactories and branches of business; and shall have power from time to time, to choose a secretary, who shall be sworn, by a justice of the peace, to the faithful discharge of his duty, and who shall record all the votes of the corporation in a book to be by him kept for that purpose; a treasurer, who shall give bond, to such amount and in such manner, as said president and directors may require; and such other managers, agents and factors as shall be thought necessary and convenient for the regular gov ernment, and to carry into effect the object for which said corporation is established; and the president shall, at the annual meeting in each and every year, make a yearly statement of the accounts and business of said company, to be entered in a book procured for that purpose. Sec. 6. That said corporation shall not engage in banking; any future Legislature may alter or modify this act, but such alteration or modification shall not affect any vested rights of said company. C. ANTHONY, Speaker of the House of Representatives. GEORGE J. SMITH, March 16, 1838. Speaker of the Senate. |