upon the payment of his, her, or their proportion of all losses and expenses that have accrued prior to such surrender: Provided, That the grantee or alienee, 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. 13. 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 affeet insurance previously made thereon. Sec. 14. 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 assured shall have a right to demand and receive such part of said retained sum or sums, as has not been expended in losses and assessments. Sec. 15. That if insurance on any house or building shall be 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 secretary. Sec. 16. That Henry W. Culbertson, John G. Telford, Jacob Knoop, William Barbee, James F. Donaldson, Daniel Grosvenor, Robert Young, J. W. Gordon, and J. M. Cheevers, named in the first section of this act, be, and they are hereby appointed commissioners; and they, or a majority of them may, on giving twenty days' notice of the time and place, in a newspaper printed in the county of Miami, proceed to organize said coinpany, by opening books and receiving proposals from persons wishing to be insured in said company, which proposals shall specify the amount and description of property to be insured; and the persons making said proposals shall, for the purpose of electing the first board of directors, and anaking by-laws for their government, be considered members of said corporation: Provided, Any by-laws may be altered, amended or repealed, at any annual meeting of said company. Sec. 17. That each and every of the directors of said company shall, before he enters upon the duties of his office, give bond to the treasurer of L. L.-12. Miami county, 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 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 in suit, on receiving security to indemnify said county against costs, and to certify to the court who is the prosecutor 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 shall enter up judgment for the whole penalty of the bond, and issue execution in favor of the prosecutor for such sum as the jury shall have found the damages and costs; and the judgment shall remain for the benefit of such person or persons as may, by 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, the court shall award costs to the defendants, and thereon issue execution against such prosecutor. Sec. 18. No policy of insurance shall be executed by said company, until application shall have been made for insurance on thirty thousand dollars at least. Sec. 19. That from and after the passage of this act, any member of the Mutual Insurance Company, or of 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, and their depositions used. C. ANTHONY, Speaker of the Senate. February 14, 1838. AN ACT To incorporate the Port of Washington Manufacturing Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That John D. Wurmur, John Knight, Booz M. Atherton and Jesse Burr, and their associates, and those who may be hereafter associated with them as stockholders, shall be, and they are hereby made and created a body politic and corporate, and shall have succession until the year eighteen hun dred and seventy, by the name and style of the "Port Washington Manufacturing Company;" and by that name, are hereby made capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts of law and equity in this State and elsewhere; and may have, hold, purchase, secure and enjoy lands, tenements and hereditaments, goods, chattels and effects, to any amount not exceeding fifty thousand dollars, and the same to grant, sell, alien, demise and dispose of at pleasure; to have and use a common seal, and the same to break and alter at pleasure; to ordain, establish and put in execution, such by-laws, ordinances and regulations, as shall be necessary and convenient for the government of said corporation: Provided, That the said by-laws, ordinances and regulations shall not be contrary or inconsistent with the laws and constitution of this State: And provided, That each and every stockholder shall be liable in his individual capacity for any debt or debts of the corporation, to the full amount of his stock subscribed and not paid in, which may have accrued, or shall accrue while he is such stockholder: Provided, however, That the joint assets, funds or property of the corporation shall be first subjected to the payment of such debts, before the individual property of any stockholder shall be seized in execution, or any other proceedings be had to subject the same to the payment of said debts: And provided further, That said corporation shall not at any time contract or owe any debts over and above the capital stock subscribed; and in case of any such excess, the directors and stockholders, at the time of contracting such excess, shall be jointly and severally liable therefor in their private capacity. Sec. 2. That the stock of said corporation shall consist, and it is hereby divided into five hundred shares, of one hundred dollars each; and every original holder thereof shall have a certificate, signed by two officers of said corporation, under such regulation as the by-laws may provide, setting forth the amount such holder is, or may be entitled to; and the said stock may be transferred, as may by the by-laws be provided: Provided, That no transfer of stock shall be available to the transferee thereof, until all arrearages due thereon shall have been paid and discharged: the said stock shall be deemed and held to be personal estate; and at all elections or meetings, each stockholder shall be entitled to one vote for each share of stock he may own or hold of his own right; and any share or shares may be voted by proxy in writing, in such form as the by-laws and regulations of the corporation may provide; but after the first election, no share shall confer the right of suffrage, which have not been held by the owner thereof, and entered in his name, at least three calender months previous to the day of such election. Sec. 3. That John D. Wurmur and John Knight, or either of them, may call a meeting of the stockholders of said corporation, to be holden at any suitable time and place in the town of Port Washington, in Tuscarawas county, by advertising the same in some newspaper printed in said county, at least ten days previous to such meeting; and the members of said company, who may have actually paid, or may pay to any person appointed to receive the same, the sum of one dollar on each share by them subscribed, shall at that time and place, elect a president and three directors, to manage the concerns of said corporation; and the stockholders of said company shall meet on the first Monday of May annually thereafter at the office of said company, and hold an election for said officers, who shall continue in office until their successors are elected; and in case of the death or resignation of the president or any director, the remaining directors shall have power to fill the vacancy: no person shall be a president or director who is not a stockholder: the president and two directors shall constitute a quorum for doing business, or the directors for the time being without the president. Sec. 4. That the company hereby incorporated, shall have the same right to construct and maintain a dam across the Tuscarawas river, at or near the line dividing the township of Clay from the township of Salem, that individual persons might have; and of constructing a canal or race from the same, leading to or near the town of Port Washington; and of using the water therein for manufacturing purposes, and of erecting factories thereon, together with such other business and factories as may be necessary in the prosecution of said work: Provided, They do no injury thereby to individuals or the public; and the president and directors of said company may appoint such subordinate officers, agents, engineers and factors, as they shall deem expedient for the transaction of their business, and require of them such security as they shall think proper for the faithful discharge of their duties. Sec. 5. That this act shall be taken and held as a public act; and that said corporation shall not directly or indirectly employ any of its funds in banking. C. ANTHONY, February 14, 1838. AN ACT Speaker of the Senate. To authorize James Brown, of Perry county, to make return of the survey of certain State roads in the counties of Muskingum, Morgan, Perry and Hocking. Whereas, by an act passed March 4th, 1836, entitled "An act to lay out and establish a graded State road in the counties of Muskingum, Perry and Hocking," Nicholas Pierce, Thomas Wright, and Eli Barker, were appointed commissioners, and James Brown, surveyor; and whereas, said commissioners and surveyor, in pursuance of said appointment, laid out and established said road, and were governed in all respects by the provisions of the above recited act, but the surveyor neglected to make his return of said survey within one year after the passage of said act; Therefore, Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the said James Brown be authorized to make his return of the survey and plat of said road; and the auditors of the several counties of Muskingum, Perry, and Hocking, are respectively authorized and required to receive and record the same, in all respects, as if said return had been made within one year after the passage of the act above recited. Sec. 2. That the said James Brown be also authorized to make his return and plat of a graded State road surveyed by him from McConnellsville, in Morgan county, to Logan, in Hocking county, and that the several county auditors of the counties of Morgan, Perry and Hocking, be, and they are hereby authorized and required to receive and record the same. in the same manner as if said returns had been made within one year from the passage of the act authorizing the laying out and establishing of the same. C. ANTHONY, Speaker of the Senate. February 14, 1838. AN ACT To incorporate the Tallmadge Coal Company, in the county of Portage. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Elizur Wright, Asaph Whittlesey, Francis H. Wright, Samuel Newton, Frederick Wadsworth, Daniel Upson, E. C. Sacket, and Cyrus Mendenhall, and their associates, be, and they are hereby created a body corporate and politic, for the period of twenty years, by the name and style of the "Tallmadge 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, 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 alter, break, and renew at pleasure. Sec. 2. That the said company shall have power to transact the usual business of mining, transporting and selling of coal, and other products of coal mines; shall have a right to hold, by purchase or lease, any quantity of land, not exceeding five hundred acres, in Tallmadge township, and the same, or any part thereof, sell, lease, or otherwise dispose of, as the interest of the company may require: 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. 3. The capital stock of said company may consist of one hundred thousand dollars, and shall be divided into shares of one hundred dollars each; which capital stock, or part thereof, shall only be employed in the purchasing and holding the lands aforesaid, with the improvements thereon, and in constructing such other improvements, buildings, cars, boats, engines and machinery, as may be necessary or useful for the mining, trans |