pleas, for the county wherein the offence shall be committed, and shall also be subject to an indictment in said court; and upon conviction of such offence, shall be punished by fine and imprisonment, at the discretion of the court. Sec. 20. That if said rail-road shall not be commenced in three years and finished in ten years from the passage of this act, then this act shall be null and void: Provided, That the State shall have the power at any time after the expiration of thirty-five years from the passage of this act, to purchase and hold the same for the use of the State by paying to said corporation therefor, the amount expended by said corporation in locating and constructing the same, together with fifteen per centum thereon, of which cost, an accurate account shall be kept, and submitted to the General Assembly, duly attested by the oath of the officers of said company, if the General Assembly shall require it. WM. SAWYER, Speaker of the House of Representatives. January 11th, 1836. AN ACT To incorporate the Waterville Bridge Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That John Pray, Theophilus Short, Phineas P. Bates, Lyman Dudly, Henry Reed, Ira Wilder, Parris Pray, of Wood county, and their associates, be, and they are hereby created, a body corporate and politic, by the name and style of "The Waterville Bridge Company;" and as such, shall remain and have perpetual succession; and, by their corporate name, may contract and be contracted with, sue and be sued, answer and be answered, plead and be impleaded, defend and be defended, in any court of competent jurisdiction; and may have a common seal, which they may change or alter at pleasure. Sec. 2. That the said corporation be, and they are hereby authorized, to erect a free bridge across the Maumee river, at Waterville: Provided, The said company shall own the land on both banks of said river where said bridge shall be erected, or shall obtain in writing, from the owner or owners of the land on both sides of the river, where said bridge may be built, their consent to the building of said bridge; unless said banks on both sides be a public highway. Sec. 3. That the said company, in the erection of said bridge, shall in no wise injure or obstruct the navigation of said river. Sec. 4. That if said company shall erect and complete said bridge in a substantial manner, of proper width, and being in other respects of sufficient strength and dimensions, so as to admit of the safe passage of passengers, teams and carriages, of the usual dimensions, within three years from the passage of this act, they shall, from the time of completing said bridge, enjoy all the privileges secured to them by this act. Sec. 5. That if any person or persons shall wilfully remove, or in any way spoil, injure or destroy, any materials, or any thing belonging to said bridge, either in the building of said bridge, or for repairs thereof, such person or persons shall forfeit and pay to said corporation treble the amount of damages sustained by means of such offence or injury, to be sued for and recovered with cost of suit, in action of debt, in any court having competent jurisdiction, by the treasurer of said corporation, or any person thereunto by said company authorized. Sec. 6. That the said company shall have power to adopt such bylaws, rules and regulations, for the government of the same, as they may deem expedient. WM. SAWYER, WHEREAS, it is represented to the General Assembly, that John W. Davis, of the county of Perry, in the State of Ohio, together with John B. Allen, and David Adams, entered into a recognizance, and became bound for the appearance of one Billings Allen, to the court of common pleas of said county, to answer to a criminal charge: And whereas, It is further represented, that the said recognizance became forfeited by the absconding of said Billings Allen, and that a judgment, by default, has been had in said court, against the said Billings Allen, John B. Allen, and David Adams; and that proceeding in scire facias is now pending in said court, to charge the said John W. Davis with the amount of said recognizance; and which recognizance is said to be excessive: Therefore, Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the court of common pleas of said Perry county, be, and they are hereby authorized, on the trial of this cause against the said John W. Davis, to examine into the facts and circumstances; and should they be of opinion that the amount of said recognizance was excessive, or that any circumstance in said cause require a mitigation of the amount of said recognizance, as to the said John W. Davis, the said court are hereby authorized to adjudge such sum only, as to said court shall appear just and reasonable, without taking into consideration the amount of the said recogni AN ACT To lay out and establish a graded State Road in Coshocton, Knox, and Licking counties. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That F. W. Thornhill, of Coshocton county, Andrew McCammet, of Knox county, and Peter Kirkpatrick, of Licking county, are hereby appointed commissioners, and William Anderson, of the county of Licking, surveyor, to lay out and establish a graded state road, commencing at the termination of the graded road from Coshocton to East Union, in Coshocton county; thence the nearest and best route to Bladensburg, in Knox county; thence to Martinsburg, in said county; t ence to Utica, in Licking county; and thence the nighest and best route to Johnstown, in said county. Sec. 2. That the said commissioners are hereby authorized to receive and appropriate on said road, all such subscriptions and donations as may be made, for opening and improving the same. Sec. 3. That the commissioners, and surveyor aforesaid, shall, in all respects, be governed by the laws in force, defining the mode of laying out and establishing graded State roads; and should either of the commissioners or surveyor die, or remove out of the county, or refuse to serve, the county commissioners of their proper county, are hereby authorized to fill such vacancy, as often as the same may occur. WM. SAWYER, Speaker of the House of Representatives. ELIJAH VANCE, January 12, 1836. Speaker of the Senate. AN ACT To authorize the County Commissioners of the county of Hardin, to purchase, for the use of the county of Hardin, lands therein named. WHEREAS, by a resolution of the General Assembly of the State of Ohio, passed February 12th, A. D. 1829, the Governor of the State of Ohio was authorized to reserve a tract of land, in the counties of Allen, Putnam, and Hardin, not exceeding one section in each county, out of the lands selected for canal purposes, for the benefit of the seats of justice for said counties, under the direction of the Governor of the State of Ohio: And whereas, The fractional section, No. 31, in township No. 4, S. in range 11, supposed to contain two hundred and two acres, more or less, lying in said county of Hardin, was selected for the purposes aforesaid: And whereas, By an act, entitled, "An act to organize said county, and establish the seat of justice for the same," passed 9th January, 1833, the commissioners appointed to select a seat of justice for said county, selected a site for the seat of justice, a short distance from said fractional section 31, township N. 4, S. and range 11: And whereas, The county of Hardin is desirous to purchase the same, for the benefit of the seat of justice of said county, at the minimum price: Therefore, Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the county commissioners of the county of Hardin, be and they are hereby authorized, to purchase, at the minimum price, for the use and benefit of the county seat of Hardin county, the whole of the fraction numbered thirty-one, in township No. 4, S. and range eleven, lying in the county of Hardin aforesaid, which now remains unsold. Sec. 2. That the town director of the town of Kenton, the county seat of said county, be and is hereby constituted and appointed to superintend, under the direction of the commissioners of said county, all the arrangement in all things in relation to the purchase and sale of said land, in the same manner and with the same powers as is by law conferred on town directors. WM. SAWYER, Speaker of the House of Representatives. ELIJAH VANCE, Speaker of the Senate. January 12, 1836. AN ACT To incorporate the town of Clinton, in the county of Huron. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the township of Fitchville, in the county of Huron, as is comprised within the following limits, to wit: Beginning at a point where the Wooster road crosses the north and south section road in said township, and running thence north to a line running due east and west, intersecting the north corner of the burial ground on Husted Moe's land; thence east to a line running north and south, parallel to the north and south section line in said township, intersecting a stake and stone, east of Samuel Palmer's log barn; thence south to a line running due east and west, intersecting a point at high water mark, on the south and west side of the bend of the Vermillion river, south of Randall Palmer's dwelling house; and thence west to a line running north and south, parallel to the north and south section line in said township, and six rods west of Joseph Wasburn's new dwelling house, be, and the same is hereby created a town corporate, and shall henceforth be known and distinguished by the name of the town of Clinton. Sec. 2. That for the good order and government of said town, it shall be lawful for the white male inhabitants who have resided within the aforesaid limits of said town for the space of three months next preceding the second Tuesday of April next, and who have the qualifications of electors of members of the General Assembly, to meet at the usual place of holding elections in said township of Fitchville, on the said second Tues day of April next, and on the first Tuesday of April annually thereafter, at such place as the town council may direct, which shall be determined by notices of the time and place, posted up in three of the most public places in said town, at least ten days before the election; which notice shall be signed by the mayor and recorder, and then and there proceed by ballot to elect, by a plurality of votes, one mayor, one recorder, and five trustees, who shall be either householders or freeholders, residing within the limits of said town, and who shall hold their respective offices for one year, and until their successors are elected and qualified; such mayor, recorder and trustees being so elected and qualified, shall constitute a town council, any five of whom shall constitute a quorum for the transaction of business. Sec. 3. That at the first election to be holden under this act, there shall be chosen viva voce, by the electors present, three judges and a clerk of said election, who shall each take an oath or affirmation faithfully to discharge the duties required of them by this act; and at all subsequent elections, the trustees, or any two of them, shall be judges, and the recorder clerk; and at all elections held under the provisions of this act, the polls shall be opened between the hours of one and two, and closed at four o'clock, P. M. of said day; and at the close of the polls the votes shall be counted, and a true statement thereof proclaimed by one of the judges, to the electors present; and the clerk shall make a true record thereof, who shall notify the persons elected to their respective offices, of their election within five days; and the persons so elected and notified, shall, within five days thereafter, take an oath or affirmation to support the constitution of the United States, and of the State of Ohio, and an oath of office; any person elected as aforesaid, neglecting or refusing to qualify as aforesaid, shall forfeit and pay into the treasury of said town, the sum of five dollars, to be recovered by an action of debt, before the mayor of said town; and the recorder shall, in the name of said town, demand, receive, or sue for such forfeiture, and pay over the same when collected to the treasurer, taking his receipt therefor: Provided, That no person shall be compelled to serve in any office in said corporation two years in suc cession. Sec. 4. That the mayor, recorder and trustees of said town shall be a body corporate and politic, with perpetual succession, to be known and distinguished by the name of the Town Council of Clinton; and they and their successors in office shall be authorized to use a common seal, and the same to alter at pleasure; to receive, purchase, acquire, hold and con- . vey any estate, real, personal or mixed, and to manage and dispose of the same in such manner as they, or a majority of them may deem proper; they shall be capable in the name aforesaid of suing and being sued, pleading and being impleaded, answering and being answered, in any suit or action in any court of law or equity in this State; and when any suit or action shall be commenced against said corporation, the first process shall be by summons, a copy of which shall be left with the mayor, or in his absence, at his usual place of abode, at least five days before the return day thereof. Sec. 5. That it shall be the duty of the mayor, and in his absence or disability to serve, the recorder, to preside at all meetings of the town |