dering and abutting on or near to any such channels, canals and other improvements authorized by the said third section of said act to be constructed and made, according to the benefit accruing therefrom to such land or ground; and the city council shall order the city recorder of said city, whose duty it shall be to deliver to the city marshal a duplicate of the tax so assessed, on or before the first Monday in July next after the time of making such order; and the said marshal shall proceed to collect the same at the same time and in the same manner as the annual taxes of said city, and all the proceedings in relation to the collection of such special tax, may be the same, as are in and by this act prescribed in the case of said annual taxes. Sec. 7. That the returns of elections had, pursuant to the twenty-fourth section of the act hereby amended, shall be made and directed to the mayor of said city, or in case of his absence or inability to act, or of a vacan cy in the office of mayor, then to the president of the city council of said city. Sec. 8. That the power given to the city council of said city by the second section of the act aforesaid, passed April 3d, 1837, of laying out, establishing, changing, vacating, or altering streets, alleys or lanes in said city, shall be held, to extend to any and all of the streets, lanes and alleys, and to every part of said city. Sec. 9. That the city council shall have power, whenever in their opinion the interest of said city shall require, to levy taxes on dogs and other domestic animals not included in the list of taxable property for State or county purposes, and to provide by ordinance for the collection of the same. Sec. 10. That the city council of said city shall have power to cause the streets, highways, commons and market places of said city to be graded, paved or otherwise improved, as the interest of said city may require; and all persons within said city who by law may be liable to work on the roads, shall perform such work under the direction of the supervisors to be appointed by the city council, and shall be liable for delinquences in the same manner, and all fines and forfeitures incurred for delinquencies shall be collected in the manner provided by the laws of the State regulating roads and highways for the time being: and when collected shall be paid over into the city treasury to be expended as other road taxes are; and the road tax which may be levied by law on property within said city, shall be collected in money by the treasurer of Cuyahoga county, and when collected shall be paid by him over to the city treasurer of said city, to be expended in the improvement of the roads and streets of said city, under the direction of said city council. Sec. 11. That so much of the second section of the act hereby further amended, as relates to the judicial power of the mayor of said city, and to appeals from judgments rendered by said mayor, the whole of the fourteenth section of the same act, and all other parts and provisions of said act, and of the act amendatory thereof, passed April 3d, 1837, which are inconsistent with the provisions of this act, be, and the same are hereby repealed: Provided, That all matters and things already begun under, and by virtue of, the provisions of the aforesaid acts hereby amended, shall in no wise be affected by the passage hereof, but may be proceeded in as if this act had not been passed. C. ANTHONY, Speaker of the House of Representatives. February 13, 1838. Speaker of the Senate. AN ACT To incorporate the First Presbyterian Society of Warren, in the county of Wash ington. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Ephraim Cutler, Oren Newton, Seth Bailey, Hezekiah Lewis, Timothy Cone, James Harvey and John Skipton, and those who now are and hereafter may be associated with them, are hereby created a body politic and corporate, by the name of the "First Presbyterian Society of Warren," agreeably to an act passed March 5th, 1836, entitled "An act in relation to incorporated religious societies," and shall hold their first meeting for the election of officers, by any three or more persons named in this act, giving ten days' notice in writing, posted up in three public places in the township, of the time and place of holding the same. C. ANTHONY, Speaker of the House of Representatives. February 13, 1838. Speaker of the Senate. AN ACT To incorporate the Miami County Mutual Insurance Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Henry W. Culbertson, John G. Tilford, Jacob Knoop, William Barbee, James F. Donaldson, Daniel Grosvenor, Robert Young, J. W. Gordon and John M. Cheevers, and such other persons who may become members of said company, in the manner hereinafter provided, be, and they are hereby, made a body corporate and politic, by the name of "The Miami County Mutual Insurance Company," for the purpose of insuring their respective dwelling houses, stores, shops and other buildings, household furniture, machinery and merchandize against loss or damage by fire, whether the same shall happen 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 their association; and the same may sell and convey at pleasure; may make establish and put in execution such bylaws, 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 Troy, in the county of Miami, 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 some newspaper in general circulation in said county, stating the time place and design of said meeting; at which meeting shall be chosen, by a majority of the members present, a board of directors, consisting of not more than nine nor less than five 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 prescribe; and at all elections for directors, and in all other cases where a vote of the members may be required, each member by himself, or proxy, shall be allowed one vote; and each member who shall be insured to the amount of one thousand dollars, shall be entitled to two votes, and one vote for every additional sum of five hundred dollars he may be so insured. 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 insurance thereof; they shall order and direct the making and issuing of all policies of insurance, the providing of books, stationary and other things needful for the offices of said company, and for carrying on the affairs thereof; and may draw upon the treasurer for the payment of 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 shall keep a record of their proceedings; and any director, disagreeing with a majority of the board at any meeting, may enter his dissent, with his reasons therefor, on the record of their proceedings. Sec. 5. 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, and at the time of receiving such policy shall pay on said note, a part, not exceeding ten per centum; and the remainder of such deposite note shall be payable by such instalments as the directors may prescribe, for the uses and purposes of said company, as a fund to pay expenses and losses; and, at the expiration of the term of such insurance, the said note, or such part as shall remain upaid, shall be relinquished and given up to the maker thereof; and it shall be lawful for such corporation to vest its moneys, stocks and effects, in any public stocks created by the laws of this State, and the same to sell; or they may loan the same on real or personal security, at the legal rate of interest: Provided, That nothing in this act contained shall be so construed as to confer on said company, the right or privilege of banking, or any other right or privilege that may not be necessary for carrying into effect the object of the same, as therein expressly set forth. 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; and all buildings insured by and with said company, together with the right, title and interest of the insured, to the lands on 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 to the secretary of said company, within thirty days from the time such loss or damage may have happened; and the directors, upon view of the same, or in such other way as they may deem proper, shall ascertain 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 loss or damage, in the court of common pleas for Miami county, within six months after said determination, and not afterwards; 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 therefor, 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 after 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 proportions 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 publication 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 of 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 thereafter 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 if it shall ever so happen, that the whole amount of deposite notes should be insufficient to pay the loss occasioned by any one fire or fires, in such case sufferers insured by said company, shall receive, towards making good their respective losses, a proportionate dividend of the whole amount of said notes, according to the sums by them respectively insured; and, in addition thereto, a sum to be assessed on all the members of said company, not exceeding fifty cents on every hundred dollars by them respectively insured; and the said members shall never be required to pay for any loss occasioned by fire, at any one time, more than fifty cents on each hundred dollars insured in said company, in addition to the amount of his deposite note, nor more than that amount for any such loss, after his said note shall have been paid and expended; but any member, upon payment of the whole of his deposite note, and surrendering his policy, before any subsequent loss or expense has occurred, may be discharged from said company. Sec. 10. That the said company may make insurances for any time not exceeding ten years, and any policy of insurance insured by said company, signed by the president and countersigned by the secretary, shall be deemed valid and binding on said company, in all cases where the insured 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 encumbered, the policy shall be void, unless the true title of the assured and the incumbrances of the premises, be expressed therein, and in the application therefor. Sec. 11. That the directors shall settle and pay all losses within three months after they shall have been notified as aforesaid; but no allowance shall be made in estimating damages in any case, for gilding, historical, or landscape painting, stucco or carved work. Sec. 12. 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 assured shall be entitled to receive his, her, or their deposite notes, |