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subject to all the conditions, reservations and restrictions contained in the former lease.

C. ANTHONY,

Speaker of the House of Representatives.
GEORGE J. SMITH,

Speaker of the Senate.

January 23, 1838.

AN ACT

To incorporate the Newark Athenæum.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the present stockholders of the Newark Athenæum, and their associates and successors, in the county of Licking, be, and they are hereby, created a body corporate and politic, for the purpose of forming and conducting a public library, reading room, and cabinet of natural history, with power to sue and be sued in any court of law or equity, to make and enforce a constitution and by-laws, for the good government of the society, which they may alter and repeal as they may deem expedient; to have a common seal, and to hold real and personal estate: Provided, The annual in come of such real estate shall not exceed three thousand dollars.

Sec. 2. In all suits brought against the Newark Athenæum, process shall be served upon the librarian, secretary or two directors.

Sec. 3. The present officers of the Newark Athenæum shall hold their offices during the time for which they were elected, and until their successors are elected and qualified, and any vacancy shall be filled as provided in the constitution of said society.

C. ANTHONY,
Speaker of the House of Representatives.
GEORGE J. SMITH,

January 26, 1838.

Speaker of the Senate.

AN ACT

To vacate a part of a certain Alley in the town of Massillon, in the county of Stark.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of a sixteen feet alley, running between lots No. F and G, in the town of Massillon, in the county of Stark, as is covered and occupied by a certain basin in said town, and through which said alley passes, be, and the same is hereby vacated, and the title vested in the owner or owners of said basin.

C. ANTHONY,

Speaker of the House of Representatives.
GEORGE J. SMITH,

January 26, 1838.

Speaker of the Senate.

AN ACT

To amend an act entitled "An act to incorporate the Springfield, Dayton, Eaton and Western Turnpike Company," passed February 23, 1833.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the time limited in the act to incorporate the Springfield, Dayton, Eaton, and Western turnpike company, for commencing the making of said road, shall be, and is hereby, extended to the first day of January, eighteen hundred and forty-two, and the time for completing said road to the first day of January, eighteen hundred and fifty-two.

Sec. 2. That in addition to the commissioners named in the act to which this is an amendment, the following persons are hereby appointed, viz: Daniel Hartzler, William Layton, and William Drummond, of the county of Clark; Robert Mercer, William Read, Emanuel Retter, John Cost, Simeon Dunn, Christian Hagenbuck, Isaac F. Cosad, and Abraham Huffer, of the county of Greene, and William Curry of the county of Preble, and are authorized to participate in the organization of said company, as provided for in the second section of said act.

Sec. 3. The twenty-fifth section of the act to which this is an amendment is hereby repealed.

Sec. 4. That whenever the sum of fifty thousand dollars shall have been subscribed to the capital stock of said company, it shall be the duty of the commissioners named in the act of incorporation of said company, and this amendment of the same, or a majority of them, to organize said company in pursuance of the provisions of said act of incorporation; any thing contained in the fifth section of said act to the contrary notwithstanding. C. ANTHONY,

Speaker of the House of Representatives.
GEORGE J. SMITH,
Speaker of the Senate.

January 26, 1838.

AN ACT

To incorporate the Orangeburg Steam Mill Company.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Thomas Norris, James Jackson, John M. D. Norris, John Horseman, David Weist, and Robert Kenedy, together with those who may hereaf ter become stockholders, their successors and assigns, be, and they are hereby created a body corporate and politic, and to continue and exist as such until the year of one thousand eight hundred sixty-eight, and to be known and distinguished by the name and style of "the Orangeburg Steam Mill Company," for the purpose of grinding all kinds of grain, manufacturing of flour, sawing, carding, fulling, and cutting of lathes, &c., together with all other business usually done by and with such machinery, and by that name shall be, and are hereby made a body in law, to have

purchase, receive, possess, enjoy, and retain, to them and their successors, all such lands, tenements, and hereditaments, as shall be useful for their accommodation and convenience in the transaction of their business, and such as may be in good faith conveyed to them by way of security, or in satisfaction of debts or purchase at sales upon judgments obtained for such debts, and the same to grant, rent, sell or dispose of, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all courts having competent jurisdiction; and also to make, have and use a common seal, and the same to break, alter or renew, at pleasure. Sec. 2. That the capital stock of said company shall be ten thousand dollars, in shares of fifty dollars each, to be subscribed and paid at such time, and in such proportion, and under such regulations and penalties, as the by-laws and rules of said company may prescribe; and that each share shall entitle the holder to one vote.

Sec. 3. That so soon as two thousand five hundred dollars of the capital stock shall have been subscribed under the direction of the corporators, or a majority of them, and said corporators shall moreover have formally accepted this charter, the names of the subscribers of stock, together with the amount taken by each, shall be recorded in a book to be kept by said company, in which all subsequent subscriptions of stock, and all transfers of stock, shall be regularly entered, which book shall be open for inspection, whenever it shall become necessary to issue an execution against individual stockholders under the provisions of section six.

Sec. 4. That the stockholders, or a majority of them, shall have pow er, annually to elect five directors, one of whom shall be president of said company, which directors for the time of their office, shall have power to make such by-laws and rules for regulating the concerns of the company, as they shall think necessary and expedient, and also respecting the management and disposition of the stock, property, and estate of the company, the duties of the officers, artificers and agents, by them or their authority to be employed, and all matters appertaining to the interest of said company: Provided, That such by-laws and rules be not inconsistent with the constitution of the United States or of this State; and that the funds of said company be not used for any other purpose than as herein before sta ted.

Sec. 5. That so many of the stockholders as shall own or possess a majority of the shares of the stock of said company, shall have power to remove the board of directors or any one of thein, at any time, and electing others in their stead, at a meeting convened by any two of the stocholders of said company: Provided, That written notice specifying the object of the meeting be given to each of the stockholders.

Sec. 6. That all claims prosecuted to judgment against the company, which may remain unsatisfied, after the corporate means of said company shall have been applied to the payment of the same and exhausted, shall stand good against the stockholders of said company in their individual capacities, each of whom shall be liable therefor to an amount not exceeding the full amount of stock held by each, and twenty-five per centum thereon in addition to the amount of such stock, and said unsatisfied balance or balances may be collected by execution to the amount aforesaid, against the

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goods, chattels, effects, lands and tenements of said stockholders under the judgment pre-existing against said company as aforesaid.

C. ANTHONY,

Speaker of the House of Representatives.
GEORGE J. SMITH,

Speaker of the Senate.

January 26, 1838

AN ACT

To incorporate the Greenville and Eaton Turnpike Road Company.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Henry D. Williams, David Angel, Abraham Studubaker, Alexander Craig, William Decamp, James Hauway, and John L. Robeson, of the county of Darke, and Jesse Parimore, Leven McCabe, Thomas Holmes, Edward Doyal and Jeremiah K. Blackford, of the county of Preble, and their associates, be, and they are hereby created a body corporate, under the name of the "Greenville and Eaton Turnpike Road Company," for the purpose of constructing a road from Greenville, in Darke county, to Eaton, in Preble 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 shall meet at the town of New Castine, in the county of Darke, at such time as they shall think fit, and proceed to organize the said company, and to take 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 compa

nies."

Sec. 4. That so soon as two hundred shares shall be subscribed, the above named commissioners shall call a meeting of the stockholders, in the manner prescribed in the third section of the said "Act to provide for the regulation of Turnpike companies," for the election of five directors, for the government of said company.

Sec. 5. That if the corporators named in the act entitled, "An act to incorporate the Greenville, New Madison, and New Paris Turnpike company," passed April 3, 1837, shall become organized before the corporators named in this act shall have received sufficient subscriptions and organized; then, and in that case, the said Greenville and Eaton turnpike shall intersect with said Greenville, New Madison and New Paris turnpike road, at some suitable point, as far south as the town of Fort Jefferson, in Darke county, Ohio.

Sec. 6. That said company be, and they are hereby authorized, to demand and receive, from persons travelling said road, the following tolls

for every ten miles travel on said road, and in rateable proportions for a less distance, to wit:

For every four wheeled carriage, drawn by two horses or oxen, twentyfive cents; for every horse or ox in addition, six and one-fourth cents;

For every two wheeled carriage, drawn by two horses or oxen, eighteen and three-fourth 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 onehalf cents; and for every horse or ox in addition, six and one-fourth cents; For every horse and rider, six and one-fourth cents;

For every horse mule or ass, six months old or upwards, led or driven, three cents;

For every head of neat cattle, six months old or upwards, one cent; For every head of sheep or hogs, one half-cent;

For every four wheeled pleasure carriage, drawn by two horses, thirtyseven and one-half cents; for every horse in addition, six and one-fourth cents;

For every four wheeled pleasure carriage drawn by one horse, twenty-five cents;

For every chaise, riding chair, gig, sulkey or cart, or other two wheeled carriage of any kind, drawn by one horse, twelve and one-half cents: Sec. 7. 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: Provided, that such per-sons 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 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,

January 30, 1838.

AN ACT

Speaker of the Senate.

To change the name of the town of Troy, in Athens county, and to incorporate the

same.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the township of Troy, in the county of Athens, as is known as the town of Troy, be, and the same is hereby, changed to that of Hockingport; and that so much of said town as is included in the original recorded plat of said town, be, and the same is hereby, created a town corporate, by the name of Hockingport, aforesaid.

Sec. 2. That the qualified electors for members of the General Assembly, residing within the limits of said corporation, shall meet at some con

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