the sum of three hundred and fifteen dollars forty-nine cents: And whereas, It is further represented that the said Enoch Rush did, at the time of such purchase, pay to said agent the sum of one hundred and seventy-five dollars for the use of the state, in part payment for said lot of land, which was subsequently forfeited to the state, for non-payment of the balance of the purchase money: And whereas, The same lot of land was again sold by the agent of the state for a like sum of three hundred and fifteen dollars forty-nine cents; the whole amount of which last mentioned sum, has been paid to the use of the state, the state thereby sustaining no loss: And whereas, The said Enoch Rush did, by the payment of one hundred and seventy-five dollars, as above stated, and the subsequent forfeiture of the said lot of land to the state, sustain the loss of the last mentioned sum: Therefore, Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the sum of one hundred and seventy-five dollars be, and the same is hereby appropriated to the benefit of Enoch Rush; which sum shall be paid to said Rush, or his legal representatives, out of any money in the treasury not otherwise appropriated, on the order of the Auditor of State: Provided, That the expenses necessarily incurred in consequence of the last sale, shall be deducted out of the sum hereby granted to the said Rush. WHEREAS, The General Assembly of the State of Ohio, now in session, have been duly advised, that Jacob Simpson, late of Carroll county, who departed this life some time in the month of May, one thousand eight hundred and thirty-five, died intestate, and was seized at the time of his death of certain real and personal estate, lying and being in the county of Carroll, and that he left no widow or heirs entitled to inherit or claim any portion of said real or personal estate, which, therefore, has, or may escheat to the state: And whereas, This General Assembly is further satisfactorily advised, that Simpson McFadden, of the county of Carroll, John Stanley, of Mercer county, Pennsylvania, and Rebecca Stanley, intermarried with James Dawson, of Washington county, Pennsylvania, were the relations and kindred of the wife of the said Jacob Simpson, formerly Jane Stanley, (who departed this life prior to the decease of the said Jacob,) and were raised in the family of the said Jacob and Jane, and were promised by the said Jacob, during his lifetime, that in consideration of the love and affection which he bore them as the kindred of his wife, and inmates and children of their family, he would secure and leave to them at his decease, all his estate; and that immediately before his death he expressed his desire and determination to do so by his will, but was prevented from making such a will by a sudden dispensation of Providence: Therefore, Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That all the right and claim which the State of Ohio has, or may have, in or to any real or personal estate of the said Jacob Simpson, deceased, within the county of Carroll, or elsewhere, which has or may escheat to the state by reason that the said Jacob Simpson left no heirs entitled to receive the same, be, and the same is hereby transferred and vested in the said Simpson McFadden, John Stanley, and Rebecca Stanley, now intermarried with the said James Dawson, as tenants in common; and the said Simpson McFadden, John Stanley, James Dawson, and Rebecca his wife, are hereby authorized to take possession of said real and personal estate, and hold the same as tenants in common, against all persons whomsoever, except the legal heirs, (should there be any,) or the creditors of the said Jacob Simpson. Sec. 2. Should any lawful heirs of the said Jacob Simpson hereafter appear and establish their title to the said real and personal estate of the said Jacob Simpson, in the possession of the said Simpson McFadden, John Stanley, and James Dawson and Rebecca his wife, their heirs and assigns, they and each of them, so in possession, shall be entitled as occupying claimants to the benefit of the act of this state, entitled, "An act for the relief of occupying claimants of land," as fully by virtue of this act, as if they could show a plain and connected title in law or equity, derived from the records of some public office.. WM. SAWYER, Speaker of the House of Representatives. January 19, 1836. AN ACT To incorporate the Wellsville and Fairport Rail Road Company. Sec. 1. Re it enacted by the General Assembly of the State of Ohio, That Albert G. Richardson, Geo. Wells, J. A. Riddle, Henry Cope, Wm. D. Peter, Geo. Sloane, Geo. Fries, Isaac Craig, Jos. J. Brooks, John Street, and Isaac Wilson, of the county of Columbiana; Robert Price and Horace Stevens, of the county of Trumbull; Alva Day, of the county of Portage; Charles C. Paine, Henry Phelps, Roderic W. Skinner, Lemuel G. Storrs, Peleg P. Sanford, John H. Matthews, Reuben Hitchcock, Thomas Richmond, Edward Paine, jr. and John P. Converse, of the county of Geauga; together with such other persons as may thereafter become associated with them, in the manner hereinafter prescribed, their successors and assigns, be, and they are hereby created a body corporate and politic, by the name of "The Wellsville and Fairport Rail Road Company;" and by that name, shall be, and are hereby made capable in law to have, hold, purchase, receive and possess, enjoy, and retain to them, and their successors, all such lands, tenements, and hereditaments, with their appurtenances, as shall be necessary, or in any wise convenient for the transaction of their business, and such as may, in good faith, be conveyed to them by way of security, or in payment of debts, and the same to sell, grant, rent, or in any manner dispose of; to contract and be contracted with, to sue and be sued, implead and be impleaded, answer and be answered, defend and be defended in courts of record, or in any other place whatever; and also to make, have, and use a common seal, and the same to alter, break, or renew at pleasure; and they shall be, and are hereby invested with all the powers and privileges which are by law incident to corporations of a similar nature, and which are necessary to carry into effect the objects of this association; and if either of the persons named in this section shall die, or refuse or neglect to exercise the powers and discharge the duties hereby created, it shall be the duty of the remaining persons herein before named, or a majority of them, to appoint some suitable person or persons to fill such vacancy or vacancies, so often as the same shall occur. Sec. 2. That the said corporation are hereby empowered to cause such examinations and surveys to be made between Wellsville, on the Ohio river, in the county of Columbiana, and Fairport, at the mouth of Grand river, in the county of Geauga, as shall be necessary to ascertain the most advantageous route whereon to construct a rail road, and shall cause an estimate to be made of the probable cost thereof, for each mile separately; and the said corporation shall be, and they are hereby invested with the right to construct a rail road, with one or more rail ways, or tracks, from the Ohio river, in the town of Wellsville aforesaid, to Fairport, at the mouth of Grand river, on the east side thereof, with the right of constructing a branch through the village of Richmond, on the west side of said Grand river, crossing said river at some point within the township of Painesville, in the said county of Geauga, where it shall be deemed expedient, passing through the town of Painesville, and through the towns of Hanover and Salem, in Columbiana county: Provided, The cost of such road per mile, in passing through those points, shall not exceed to the corporation per mile, the average cost per mile originally estimated for building the whole road; which cost shall be estimated by a board appointed by said corporation to survey, grade and lay down said road, immediately after the first survey of the line of said road; but if the cost of constructing said road through these points, should exceed to the corporation, per mile, more than the average cost of the whole road per mile, then the said corporation may construct the same on such route as they may deem best for the interest of the public, and of such corporation; and the said corporation shall have the right to take, transport or carry persons and property upon said road, when constructed, by the force of steam, animal, mechanical or other power, or any combination of them, which the said corporation may choose to employ. Sec. 3. That the capital stock of said corporation shall be one million dollars, and shall be divided into shares of fifty dollars each; and five dollars on each share shall be paid at the time of subscribing. Sec. 4. That the above named persons, or a majority of them, or the survivors of them, are authorized to open books for receiving subscriptions to the capital stock of such company, and shall prescribe the form of such subscription; which books shall be opened within one year from the passing of this act, in the counties of Geauga and Columbiana, at such other place or places as they may deem expedient, giving twenty days notice in some newspaper printed in each of said counties of Columbiana, Trumbull, Portage and Geauga, and in such other place or places as may be thought advisable, of the time and place, or times and places of opening said books: Provided, however, That if the publisher of any newspaper, printed in either of said counties, shall neglect or refuse to print such notice, then the required notice shall be published, by affixing the same to the door of the court house in said county, at least twenty days previous to the opening of said books; and said books shall be kept open for receiving subscriptions to said capital stock, at least ten days. Sec. 5. That as soon as said stock, or fifty thousand dollars thereof, shall have been subscribed, the above named persons, or the same number thereof as shall have given the notice above required, shall give the like notice for a meeting of the stockholders to choose directors, at some time at least twenty days thereafter, at some place within the said counties of Columbiana, Trumbull, Portage or Geauga; and if, at such time and place, the holders of one half or more of said capital stock shall attend, either in person or by lawful proxy, they shall proceed to choose from the stockholders, by ballot, twelve directors, each share of capital stock entitling the owner to one vote; and at such election, the persons named in the first section of this act, or those appointed by its provisions to fill vacancies which may have occurred, or any three of them, if no more be present, shall be inspectors of such election, and shall certify in writing, signed by them or a majority of them, what persons are elected directors; and if two or more have an equal number of votes, said inspectors shall determine by lot which of them shall be director or directors, to complete the number required, and shall certify the same in like manner; and said inspectors shall appoint the time and place of holding the first meeting of directors, at which meeting seven shall form a board competent to transact all business of the company, and thereafter a new election of directors shall be made annually, at such time and place as the stockholders at their first meeting shall appoint; and if the stockholders shall, at their first meeting fail to appoint the day of such election, then it shall be holden in the succeeding year, on the same day of the same month on which said first election was holden, unless the same should be the first day of the week, in which case it shall be holden on the next day succeeding; and if no election be made on the day appointed, said company shall not be dissolved, but such election may be made at any time appointed by the by-laws of said company; and directors chosen at any election shall remain directors until others are chosen; and directors chosen at any election shall, as soon thereafter as may be, choose of their number one person to be president of said company; and from time to time may choose such other officers, as by their by-laws they may designate as necessary: Provided, That no person shall be a director of such company, who is not a citizen of the State of Ohio. Sec. 6. That the directors may require payment of subscriptions to the capital stock, at such times and in such proportions, and on such conditions as they shall deem fit, under penalty of forfeiture of all previous payments thereon or otherwise, provided they shall never require the payment to be made at any place out of the counties through which said road shall pass; and such directors shall, at least thirty days previous to the appointed time of such required payment, give notice thereof in the manner provided in the fourth section of this act, for giving notice of the opening of the books of subscription for the stock of said company. Sec. 7. That the directors of said company shall have power at any time, to open books for receiving subscription to the capital stock of said company, observing the time and manner of giving notices prescribed in the fourth section of this act; and also to make from time time all needful rules, regulations and by-laws, touching the business of said company, and to determine the number of tracks or rail-ways upon said road, and the width thereof, and the description of carriages which may be used thereon; to regulate the time and manner in which passengers and goods shall be transported thereon, and the manner of collecting tolls for such transportation, and to fix penalties for the breach of any such rule, regulation, or by-law, and to direct the mode and condition of transferring the stock of said company; and penalties provided for by said by-laws may be sued for by any person or persons authorized thereto, in the name of said company, and recovered in an action of debt, before any court having jurisdiction of the amount; and said company may erect and maintain toll-houses, and such other buildings and fixtures, for the accommodation of those using said road, and of themselves, as they may deem in any way necessary for their interest or convenience. Sec. 8. That said company shall have a right to enter upon any lands, to survey and lay down said road not exceeding one hundred feet in width, and to take any materials necessary for the construction of said road; and whenever any lands or materials shall be taken for the construction of said 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, or if the owner or owners thereof are minors, insane persons, or married women, then the guardian or guardians of said minor or minors, and insane persons, and the husbands of such married women, may select for themselves an arbitrator, and the said 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 render copies of their award to each of the parties in writing, from which award either party may appeal to the court of common pleas for the county in which such lands or materials may have been situate; and in all cases where compensation shall, in any manner, be claimed for lands, it shall be the duty of the arbitrators and the court to estimate any advantage which the location and construction of said road may be to the claimant for such compensation; and the value of such advantage, if any, shall be set off against the compensation so claimed of said company; and appeals in such cases shall, when taken, be in all respects proceeded in as appeals in other cases to said court, and be brought into said court by filing the award with the clerk of said court, whose duty it |