AN ACT To incorporate the Cuyahoga Coal Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Samuel Richardson, Cyrus Mendenhall, George Mendenhall, Daniel Cushing, Daniel Worley, and Alfred Hall, and their associates, be, and are hereby created a body corporate and politic, with succession for thirty years, by the name and style of the "Cuyahoga Coal Company;" and by that name they, and their successors and assigns, shall be capable in law of contracting and being contracted with, suing and being sued, of defending and being defended in all courts and places, and in all matters whatsoever, with full power to acquire, hold, occupy, and enjoy all such real and personal estate as may be proper and necessary for the construction, extension, and usefulness of the works of said company, and for the management and good government of the same; and they may have a common seal, and the same may break, alter, or renew at pleasure. Sec. 2. That the said company shall have power to transact all business appertaining to the mining, transporting, and selling of coal and other products of mines; and shall have a right to hold by purchase or lease any quantity of land not exceeding four hundred acres at any one time, in Tallmadge township, Portage county; and the same, or any part thereof, sell, lease, or otherwise dispose of as the interest of the corporation may require. Sec. 3. That the capital stock of the said company may consist of one hundred thousand dollars, and shall be divided into shares of one hundred dollars each; which capital stock, or any part thereof, shall only be em ployed in the purchasing and holding the lands aforesaid, with the improvements thereon, and in constructing and keeping in repair such other improvements, buildings, cars, boats, engines, and machinery as may be necessary and useful for the mining, transportation, and sale of coal and other products of the mines, and the payment of other expenditures necessary and requisite for the aforesaid purposes of the company; and the said stock shall be held as personal property, assignable and transferable, according to such rules and by-laws as the board of directors shall establish: Provided, That the company may hold, as above, such lot or lots of land, not exceeding one acre in any one place, as may be found convenient as places of deposite in the transportation and sale of the products of their mines. Sec. 4. That the said corporation are hereby empowered, and invested with the right to construct and keep in repair a railroad, with one or more railway or track, from any coal mine or mines which is or may be opened on lot number nine, in Tallmadge township, and in Portage county, to any point or points on the Ohio, or the Pennsylvania and Ohio canals, in Portage county: Provided, That said company shall first obtain the consent of the owner or owners of the land on which said road shall pass. Sec. 5. That the said company may construct the said road across any public road, highway, canal, or other water-course, if the same shall be necessary or expedient: Provided, That the said company restore such road, highway, canal, or other water-course in such manner as not to impair its usefulness to the owner or to the public. Sec. 6. That the persons named in the first section of this act shall be commissioners, a majority of whom may open books, at such times and ་ places as they may deem expedient, for the purpose of receiving subscrip tions to the capital stock of said company; and when one hundred shares or more, shall have been subscribed, and ten per centum paid on each share to said commissioners, the subscribers may proceed to elect not less than three, nor more than seven, directors by ballot, each share entitling the holder to one vote, one of whom shall be president, who shall continue in office until their successors are chosen; and on the same day, annually, thereafter, or on such other day as the company may determine, the stockholders shall meet to elect said board of directors, and for the transaction of such other business as may be proper for them to do; vacancies occurring in the board of directors may be filled by those remaining. Sec. 7. The directors may issue certificates for the balance of the stock of said company, whenever the holders of two-thirds of the shares. already subscribed shall direct; and may also, by a majority of the votes of said holders of shares, require instalments to be paid in not exceeding ten per centum on each share, nor oftener than one instalment in every thirty days; and if any stockholder shall refuse to pay in such instalment after thirty days' notice of the same has been regularly ordered, the shares on which such instalment has been withheld may be publicly sold at the office of the company to the highest bidder, thirty days' previous notice of the same having been given; and the amount received at such sale, deducting the costs thereof, shall be paid within one year to the said delinquent; 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 before the day of sale, by paying also all cost which may have accrued in consequence of said delinquency. Sec. 8. That the said corporation shall be entitled to all laws. which are or may be in force for the collection of tolls, or for the protection of any railroad constructed in this State, so far as such laws shall be necessary for the protection of said railroad and other property of the company, and for the collection of tolls. Sec. 9. That the said company shall be held liable, in their corporate capacity,in all their capital stock and effects, for the debts due or owing by said company; and should the effects of said company, when exhausted, be insufficient to satisfy all demands, then the stockholders thereof shall be held individually liable for all unsatisfied claims against said company, in proportion to the stock held by them respectively; nor shall the debts of the said corporation at any time exceed the amount of capital stock subscribed; and if, at any time, the company shall incur debts to a greater amount, the directors assenting there to shall be held liable, in their individual capacities, for the payment of such excess, after the effects of the corporation are exhausted. Sec. 10. That the directors shall have power to appoint such agents as they may deem necessary for the transaction of all the legitimate business of this corporation, and may require of such agent or agents such bond and security as the said directors may consider necessary to insure the faithful performance of duties and trusts committed to them. C. ANTHONY, Speaker of the House of Representatives. March 16, 1833. Speaker of the Senate. AN ACT To incorporate the Akron Manufacturing Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That James R. Ford, Daniel J. Townsend, John Williams, jun., George B. Martin, David Tod, Simon Perkins, jun., Arad Kent, and such other persons as now are, or may hereafter be associated with them, for the purpose of manufacturing iron, steel, nails, stoves, pig-iron, and castings of all kinds, shall be, and they are hereby made a body corporate and politic, for the term of thirty years, under the name and style of the "Akron Manufacturing Company;" and by that name shall be capable, in law and equity, of suing and defending suits in all courts and places; may have a common seal, which they may alter at pleasure; may purchase, hold, or convey any estate, real or personal, which may be necessary to carry on the manufacture of articles above enumerated to advantage. Sec. 2. That the capital stock of said company shall not exceed two hundred and fifty thousand dollars, and the subscriptions to said stock may be made under the direction of the persons, or a majority of the persons named in the first section of this act, in shares of twenty-five dollars each. Sec. 3. That the property, business, and affairs of said company shall be under the control and management of a board of directors, which shall not exceed seven, or be less than five, in number; who shall hold their of fices for the term of one year from the first Tuesday of June in each and every year. Sec. 4. That whenever a sufficient number of shares shall have been subscribed, in the opinion of the persons having charge of the books, to commence business, they shall call a meeting of the stockholders, to be holden at Akron, by causing notice of the time and place of said meeting to be published in a newspaper printed in the county of Portage, and also in one in the city of Cleveland, at least thirty days previous to the day of meeting; and the stockholders who shall attend such meeting, either in person or by proxy, shall proceed, by ballot, to elect seven directors, each share entitling the holder to one vote; and the seven persons, being stockholders, having the highest number of votes, shall be directors, and hold their offi ces until the first Tuesday of June then next succeeding: Provided, That if one or more persons shall have an equal number of votes, and no seven a larger number, the stockholders shall again proceed to ballot until they shall determine, by plurality of votes, which of the persons, so having an equal number of votes, shall be elected. Sec. 5. That the board of directors shall, in like manner, elect one of their number to be president, and may appoint such other officers, agents, and servants, fix their compensation, prescribe their duties, and make such by-laws for the management of their affairs, and transaction of their busi ness, as they shall deem proper; a majority of the board for the time being shall constitute a quorum to do business; and after the first election they shall determine the number of directors. Sec. 6. The board of directors shall have power to fill all vacancies which may occur in their own body by resignation, death, or otherwise, until the next annual election; may fix the time and place of holding their annual elections; may call in instalments on their capital stock, subscribed at such times, in such proportions, and under such penalties and forfeitures, as shall be prescribed by the by-laws, giving due notice of such call, and the forfeitures depending upon a non-compliance with the requisition, by publishing the same in one or more newspapers printed in the counties of Portage and Cuyahoga at least thirty days previous to the time of payment of such instalment; and like notice shall be given of the annual meetings of the stockholders for the election of directors; and should it happen, at any time, that an election should not be held on the day prescribed, the corporation shall not thereby be dissolved, but an election may be held on some subsequent day designated by the directors, on giving notice thereof as is required in this section. Sec. 7. The special stock of said corporation shall be deemed personal property, transferable in such manner as the by-laws shall prescribe; but no transfer of stock shall be made by any stockholder so long as he is indebted to said corporation, either for instalments called in, or as drawer or endorser of any bond, note, or order, otherwise. Sec. 8. The debts of the corporation shall, at no time, exceed the amount of the capital stock subscribed; and the directors shall be individually liable for any such excess; and the stockholders shall also be liable for the debts of the corporation in proportion to the amount of stock by them respectively held, and not paid into the joint fund, after the property of the corporation shall have been exhausted. C. ANTHONY, March 16, 1838. Speaker of the Senate. AN ACT Farther to amend the act entitled "An act to incorporate the town of Portsmouth, in the county of Scioto." Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That each and every white male inhabitant above the age of twenty-one years, having the qualifications of an elector for members of the General Assembly, and who has permanently resided in said town one year next preceding any election in said town, shall be deemed a qualified voter at such election; and every white male freeholder, being a resident of said town, and a citizen of the United States, shall be deemed a qualified voter at such election without the residence as aforesaid of one year. Sec. 2. That the qualified voters of said town shall, on the second Monday of March, eighteen hundred and thirty-eight, and biennially thereafter, elect a mayor of said town, having the qualifications of an elector, who shall have resided in said town at least two years next preceding his election, who shall hold his office two years, and until his successor shall be chosen and qualified; and shall receive a certificate of his election from the president and common council; it shall be his duty to keep the seal of the L. L.-42. corporation of said town, sign all commissions, licenses, and permits, which may be granted by or under the authority of the president and common council, and have all the power and authority which the president of the common council of said town now has by the laws of incorporation and ordinances of said town, and discharge all the duties now required of the president of the common council by said laws and ordinances; and discharge all the duties which the laws of incorporation and the ordinances of said town may require of him; and said mayor shall also have all the powers and discharge all the duties of a justice of the peace in and for said town: Provided, That said mayor shall not preside in, or be a member of, the common council of said town: And provided, That no householder of said county of Scioto shall be bound to answer before said mayor in any civil case, except a householder in said town. Sec. 3. That there shall be elected by the qualified voters of said town, on the second Monday of March, eighteen hundred and thirty-eight, and biennially thereafter, a treasurer, who shall hold his office two years, and until his successor is chosen and qualified; he shall perform such duties, and exercise such powers, not herein, and by this act, or in and by the acts to which this is amendatory, specified, as may lawfully be required of him by the ordinances of said town; there shall also be elected by the qualified voters of said town, on the second Monday of March, eighteen hundred and thirty-eight, and annually thereafter, a town marshal, who shall hold his office for one year, and until his successor shall be chosen and qualified, who shall perform such duties, and exercise such powers, not specified in and by this act, or in and by the acts to which this is amendatory, as may lawfully be required of him by the ordinances of the town; and shall receive such fees and compensation as the president and common council may direct; the said marshal shall execute and return all writs and other process directed to him by the mayor; and when neces sary, in criminal cases, or for the violation of the ordinances of said town, may serve the same in any part of Scioto county; it shall be his duty to suppress all riots, disturbances, and breaches of the peace; to apprehend all ri oters, disorderly persons, and disturbers of the public peace in said town, and all persons in the act of committing any indictable offence against the laws of this State, or ordinances of said town, or fleeing from justice after hav ing committed any such offence, and him, her, or them forthwith to take into custody and bring before the mayor for examination; and in case of his resistance, may call to his aid, and command the assistance, of all by standers and others in the vicinity; he shall have power to appoint one or more deputies, to be approved of by the common council, and at pleasure to dismiss or discharge them from office, and shall, in all things, be respon sible for the correct and faithful discharge of their duties, and liable for all negligence and misconduct in office, and violations of duty which they or either of them may be guilty of in the performance of their duties; and the said marshal shall have and exercise all the powers and authority that pertain to constables by the laws of this State in civil and criminal cases, and in the pursuit of persons fleeing from justice, after having committed any criminal offence against the laws of this State, may arrest the same within any other county in this State. Sec. 4. That the mayor, treasurer, marshal, and all other officers un |