portation, and sale of coal, and other products of the mines, and in the payment of such salaries, wages, and other expenditures, as shall be requisite for the aforesaid purposes of the company; and said stock shall be held as personal property, assignable and transferrable, according to such rules as the board of directors shall establish. Sec. 4. That the said corporation are hereby empowered and invested with the right to construct and keep in repair a rail road, with one or more railway or track, from any or all of the coal banks or mines, in Tallmadge township, to any point or points on the Ohio, or Pennsylvania and Ohio canals, in Portage county. Sec. 5. That the said company shall have the right to enter upon any land, to survey and lay down said road, not exceeding sixty feet in width; and whenever any land shall be taken for the construction of such road, and the same shall not be given or granted to said company, and the owners thereof do not agree with said company as to the compensation to be paid therefor, the person or persons claiming compensation, as aforesaid, may select for themselves an arbitrator, and the company shall select one arbitrator, and the two thus selected shall take to themselves a third, who shall be sworn and paid as arbitrators in other cases; and the three, or a majority of them, shall award as arbitrators between the parties, and ren der copies of their award to each of the parties, in writing, from which award either party may appeal to the court of common pleas of the county of Portage; and all appeals in such cases shall, when taken, be, in all respects, proceeded in, as appeals in other cases to said court, and brought into said court by filing the award with the clerk of said court; whose duty it shall be to enter the same on the docket of said court, setting down the claimant or claimants as plaintiff, and said company as defendant: and when the valuation so ascertained, shall be paid or tendered by said company, said company shal! have the same right to the use and occupation of said lands, as fully and absolutely as if the same had been granted and conveved to said company by deed. Sec. 6. That said company may construct the said railroad across any public road, highway, canal or other water course, if the same shall be necessary; but the company shall restore such road, highway, canal or water course in a sufficient manner, not to impair its usefulness to the owner or the public. Sec. 7. That the persons named in the first section of this act, or a majority of them, may open books for subscription to the capital stock of said company, at some suitable place at the township of Tallmadge, and when forty shares or more shall have been subscribed, and one dollar paid on each share to said commissioner, the subscribers may then and there proceed to elect five 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, thereaf ter, 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 any business proper for them to do; vacancies occurring in the board of directors may be filled by the remaining members. Sec. 8. That directors may issue certificates for the balance of the stock of said company, or any part thereof, whenever two-thirds of the shares already subscribed as aforesaid, shall direct, and may also, by a vote of a majority of said shares, require instalments to be paid in, not exceeding ten per cent. on each share, nor oftener than one instalment in every thirty days; if any stockholder shall refuse to pay any such instalment, after thirty days' notice of the same has been regularly ordered, the shares on which such instalments shall be withheld may be publicly sold to the highest bidder, at the office of said company, thirty days' previous notice thereof having been given; and the amount received at such sale, deducting expenses of the same, shall be paid at any time 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 the day of sale, by paying, at the time, all expenses that may then have accrued in consequence of delinquency. Sec. 9. That said corporation shall be entitled to all laws which are, or shall 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 the railroad and other property of the corporation and for the collection of tolls. Sec. 10. That said company shall be held liable in their corporate capacity, in all their capital stock and effects, for all 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 individual stockholders shall be held individually liable for the unsatisfied claims against said company, in proportion to the stock held by them respectively, and not paid into the joint funds, nor shall the debts of said corporation, at any time, exceed the amount of the capital stock subscribed; and if at any time the company shall incur debts to a greater amount than the capital stock subscribed, the directors assenting thereto shall be held liable in their individual capacities for the payment of such excess, after the corporate property shall have been exhausted. Sec. 11. That the directors shall have power to appoint a clerk, and such other agents as may, by them, be deemed necessary to transact all the legitimate business of the aforesaid corporation. C. ANTHONY, Speaker of the House of Representatives. February 16, 1838. Speaker of the Senate. AN ACT To incorporate the First Associate Reformed Presbyterian Church and Society in the city of Cleveland, county of Cuyahoga. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Edward Bronson, William Milford, Mark Whitelaw, Moses Ross, and James Proudfoot, and those who may be hereafter associated with them, are hereby, created a body politic and corporate, by the name of the "First Associate Reformed Presbyterian Church and Society in Cleveland," agreeably to an act passed March 5, 1836, entitled "An act in relation to incorporated religious societies," and shall hold their first meeting for the election of officers, by the trustees hereinafter named in this act, giving ten days' notice in writing, posted up in three public places, in the city of Cleveland, of the time and place of holding the same. Sec. 2. That Edward Bronson, William Milford, and Mark Whitelaw, named in the first section of this act, be, and they are hereby appointed trustees for said church and society, to hold their offices until others are elected in their stead. C. ANTHONY, February 16, 1838. Speaker of the Senate. AN ACT To change the name of the town of Christiansburg, in the county of Champaign. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the name of the town of Christiansburg, in the county of Champaign, be, and the same is hereby changed to that of Addison. C. ANTHONY, February 16, 1838. Speaker of the Senate. AN ACT To amend the act entitled "An act to incorporate and establish the Lafayette Bank of Cincinnati. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the act entitled "An act to incorporate and establish the Lafayette Bank of Cincinnati," as requires that assignments and transfers of stock in said Bank be made in the presence of the cashier thereof, be, and the same is hereby repealed. C. ANTHONY, Speaker of the House of Representatives. GEORGE J. SMITH, February 16, 1838. Speaker of the Senate. AN ACT To incorporate the Muskingum Valley Turnpike Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That John Mills, Nahum Ward, Jesse Hildebrand, Peres P. Buel, E. Short, Winchester Dana, John Dodge, and Thomas Vinton, of Washington county, Alexander McConnell, L. D. Barker, S. R. Hosmer, N. Shepard, Benjamin Nott, Jacob Adams, and John B. Stone, of Morgan county, and James Taylor of Muskingum county, and their associates be, and they are hereby, created a body corporate and politic, under the name of the Muskingum Valley Turnpike Company, for the purpose of constructing a turnpike from Zanesville, in the county of Muskingum, by Duncan's Falls, McConnellsville and Waterford, to Marietta, in Washington county; which said company shall have all the rights, powers and privileges, 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 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 two hundred thousand dollars, divided into shares of twenty-five dollars each. Sec. 3. That the above named persons, or any ten of them, may proceed to open books of subscription to the capital stock of said company, at such times and places as they may deem proper, agreeably to the "Act to provide for the regulation of Turnpike companies" aforesaid. Sec. 4. That so soon as twenty thousand dollars shall have been subscribed to the stock of said company, the persons named in the first section of this act, or any seven of them, may call a meeting of the stockholders, in the manner prescribed in the "Act to provide for the regulation of Turnpike companies" aforesaid, for the election of nine directors, for the government of said company. Sec. 5. That the following shall be the rates of toll for each ten miles of said road, and in the same proportion for a less distance, to wit: For every four wheeled carriage, wagon or other vehicle, drawn by one horse or other animal, eighteen and three-fourths cents; and for every horse or other animal in addition, six and one-fourth cents; for every cart, chaise, or other two-wheeled vehicle, drawn by one horse or other animal, twelve and one-half cents; for every horse and other animal in addition, six and onefourth cents; for every sleigh or sled, drawn by one horse, or other animal, twelve and one half cents; for every horse or other animal in addition, six and one-fourth cents; for every coach or other four-wheeled pleasure carriage, drawn by one horse or other animal, twenty-five cents; for every horse or other animal, in addition, ten cents; for every horse or other animal and rider, six and one-fourth cents; for every horse, mule or ass, six months old and upwards, led or driven, three cents; for every head of neat cattle, one cent, and for each score of sheep or swine, ten cents; and in the same proportion for a less number. Sec. 6. That when said company shall have completed the grading on ten miles of said road, and the necessary bridges for the same, they shall be entitled to receive one half of the rates of toll provided for in the pre L. L.-13. ceding section of this act, and the same upon each additional ten miles that may have been graded and bridged as aforesaid, until the whole shall have been completed. C. ANTHONY, Speaker of the House of Representatives. Speaker of the Senate. February 16, 1838. AN ACT To incorporate the Cambridge Academy. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That James Black, William M'Cracken, Jacob Shaffner, Thomas Miller, John Hersh, Robert B. Moor, Wyatt Hutchinson, and Ebenezer Smith, together with such other persons as may be hereafter associated with them, for the purpose of establishing an academy in the town of Cambridge, in the county of Guernsey, be, and they are hereby, created a body corporate, with perpetual succession, by the name of "The Cambridge Academy;" and by that name shall be competent to contract and be contracted with, to sue and be sued, to answer and be answered unto in all courts of law and equity; and to acquire, possess and enjoy, sell, convey and dispose of property, real or personal: Provided, That the annual income of such property shall not exceed the sum of two thousand dollars, and shall be applied to the support of such academy, and other literary purposes connected therewith, and to no other purpose whatever. Sec. 2. Any three of the above named persons shall have power to call a meeting, by giving ten days' notice thereof, by advertisement set up at three of the most public places in said town of Cambridge. Sec. 3. Said corporation shall have power to form a constitution, and adopt 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. C. ANTHONY, Speaker of the House of Representatives. February 19, 1838. Speaker of the Senate. AN ACT To incorporate the Massillon Female Seminary, in the county of Stark. Be it enacted by the General Assembly of the State of Ohio, That O. N. Sage, G. W. Warner, John Swan, Samuel H. Whitehead, John S. Johnson, Wm. M. Folger, Abram Chesnutwood, Alexander McCully, John Bender, Lot Goodspeed, and Reuben McMillen, and those that may here |