AN ACT To incorporate the Eagle Creek Hydraulic Company, in the county of Hancock. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That John W. Williams, Martin Funk, Andrew Ricketts, John D. Bishop, Joseph Helms, Michael Bossorman, John F. Perkey, Benjamin Sparr, William Taylor, Edson Goit, and Parlee Carlin, of the county of Hancock, and Sidney Beard of Hardin county, with such other persons as shall hereafter become associated with them for the purpose hereinafter specified, and their successors, be, and they are hereby constituted a body corporate and politic, with perpetual succession, by the name and style of the Eagle Creek Hydraulic Company, of Hancock county, and, as such, shall be capable of suing and being sued, answering and being answered unto, in all courts of justice. SEC. 2. They shall have a common seal, and may alter the same at pleasure; they shall be capable of purchasing, receiving, holding and enjoying any estate, real or personal, necessary for the promotion of the objects of said company, which objects are hereby declared to be to drain the Hogcreek marsh, contiguous to the south line of Hancock county and the north line of the county of Hardin, by a canal of such dimensions as may be deemed necessary; beginning on the south side of section three, in township three, south of range ten east, and running thence, in a northerly direction, to the north side of said section, to intersect one of the branches of Eagle Creek, in said county of Hancock, and to use the water at such point or points, between the point of commencement and the town of Findlay, in the said county of Hancock, as they may think proper for hydraulic purposes. SEC. 3. The capital stock of said company shall not consist of more than twenty thousand dollars, to be divided into shares of twenty dollars each, which shall be subscribed and paid for under such regulations as said company, or a majority of them, may prescribe; the installments on which shares, when due and unpaid, may be collected at the suit of the directors of said company, as other debts. SEC. 4. Said company, when formed, shall have power to make all bylaws necessary for the regulation of the concerns of the company and the transfer of stock, which shall, in all cases, be made on the books of said company: Provided, such by-laws shall not be inconsistent with the constitution and laws of this state, or of the United States, and shall not be valid or binding until they have received sanction by a vote of a majority of the stockholders of said company. SEC. 5. Each stockholder shall, in all elections held by said company, be entitled to one vote for each and every share by him subscribed, and the installments thereon paid in; and any stockholder may vote by proxy, appointed in writing: Provided, none but a stockholder shall be a proxy. SEC. 6. So soon as five hundred dollars of the capital stock shall have been subscribed, the stockholders shall have power to elect a board of five directors, one of whom shall be president of said company, any three of whom shall be a quorum to transact business; and the election of directors shall take place annually thereafter, at such time and place, and upon such notice being given as their by-laws prescribe. SEC. 7. The company shall cause a book of record to be kept of all stocks subscribed, and all transfers of stocks, with the owners names, and the shares held by each, which record shall at all times be open to the inspection of all persons interested, or having claims against said company. SEC. 8. The said company shall have power to dispose of any water privilege or power, which they may create under the provisions of this act, either by sale of any part or the whole of their interest in said water power, or by leasing, precisely as individuals could dispose of their private property. SEC. 9. Said company shall have power to enter upon any of the adjoining lands necessary to construct said drain or canal, or to erect any mills, or water works, that may be necessary to carry into effect the objects of this act: provided, the consent of the owner or owners of such lands shall be first obtained. ELIAS F. DRAKE, Speaker of the House of Representatives. January 10, 1846. Speaker of the Senate. AN ACT To incorporate the Summit Manufacturing Company, in the county of Summit. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That Grant B. Turner, Harvey Wheaden, William D. Hillis, Palmer Williamson, Virgil M. Thompson, and W. W. Gilbert, and their associates and successors, be, and they are hereby constituted a body corporate and politic, by the name and style of the Summit Manufacturing Company, and by that name may plead and be impleaded in all courts having competent jurisdiction; may acquire, hold and convey property, real and personal; may have a common seal, which they may use and alter at their pleasure, and may ordain and establish such by-laws for the management of said corporation as may be just and necessary: Provided, such by-laws shall be consistent with the laws of the United states, and of this state, and shall be confirmed by a legal vote of the stockholders, before they shall be binding on the company. SEC. 2. The capital stock of said corporation shall be three hundred thousand dollars, and shall be deemed personal property; the stock to be divided into shares of one hundred dollars each, and transferable on the books of the company in such manner as the by-laws shall ordain, but no transfer shall be valid until it shall have been registered in the book or books of the company, kept for the purpose. At all meetings of the stockholders, each share of stock shall be entitled to one vote, either in person, or by proxy in writing, but no stock shall be voted upon which is delinquent in the payment of any installment which has been duly called for by the company; a majority of the stock entitled to vote shall be represented in person, or by proxy, in order to constitute a quorum for the transaction of business; and a majority of votes present shall determine all questions submitted to the stockholders. SEC. 3. The annual meeting of the stockholders shall be on the first Wednesday of June, at which meeting the directors of the company shall be elected, and such other lawful business done as the stockholders shall deem necessary and proper; but should they fail of electing directors at their annual meeting, they may hold a special meeting for the purpose, at some subsequent time, by giving thirty days' notice thereof in some newspaper published in Summit county, and of general circulation; the number of directors shall not be less than five, nor more than eleven; the directors shall hold their offices until their successors are chosen, but no person shall be a director after ceasing to be a stockholder; immediately after their election, the directors shall elect any one of their number president of the corporation, and may appoint such other officers as they may deem necessary to transact their business, and may also prescribe the amount of compensation to be allowed them for their services; and such officers, when required, shall give bond for the faithful discharge of the trusts committed to them. The directors may make their own by-laws, but subject to the approval of the stockholders. All questions in the board of directors shall be decided by a majority of directors present, and two-thirds of the directors shall constitute a quorum for the transaction of business. Vacancies in the board of directors may be filled by the remaining directors; the directors shall have the general management of the affairs of said company, and may dispose of the residue of the capital stock in such manner as a majority of the present stockholders prescribe, and employ the capital and means of the company in carrying on such manufactures as they shall deem best for the company, and for the erection and maintainance of such machinery, dams, and water courses as may be necessary in their business of manufacturing, but for no other purposes than those directly connected with and pertaining to said business; and they shall not contract debts in the name of the company, beyond the amount of the capital stock thereof actually paid into the company; they shall cause a record to be kept of all the stock subscribed and transferred, and of all their business transactions, and their books and records shall, at all reasonable times, be open to the inspection of any and every stockholder; they shall, also, when required, present to the stockholders reports, in writing, of the situation and current business of the company, and declare and make such dividend of the profits resulting from the business of said company, not reducing their capital stock while they have outstanding liabilities, as they shall deem expe dient. SEC. 4. In any suit instituted against the company, the service of process on the president, secretary or treasurer, ten days before the return day thereof, shall be deemed legal service on the corporation. SEC. 5. The directors shall be personally liable for any and all debts contracted, in the name of the company, beyond the amount of the capital stock actually paid in, and at the time of so contracting, remaining as capital stock. ELIAS F. DRAKE, Speaker of the House of Representatives. SEABURY FORD, January 10, 1846. Speaker of the Senate. AN ACT To revive the act to incorporate the Hamilton and Rossville Bridge Company, passed March 3, 1840. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the act entitled "an act to incorporate the Hamilton and Rossville Bridge Company," passed March third, one thousand eight hundred and forty, be, and the same is hereby revived, and the company thereby incorporated are allowed the further time of five years from the passage of this act, for the construction of said bridge. ELIAS F. DRAKE, Speaker of the House of Representatives. January 13, 1846. Speaker of the Senate. AN ACT To authorize the commissioners of Franklin county to subscribe to the capital stock of the Columbus and Portsmouth Turnpike Company. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the commissioners of Franklin county be, and they are hereby authorized to subscribe, in the name, and for the benefit of the said county, to the capital stock of the Columbus and Portsmouth Turnpike Company, any sum, at their discretion, not exceeding the sum of three thousand dollars; and, for that purpose, the said commissioners shall have power and authority (if they deem it necessary,) to borrow money, on the faith and credit of the county, at any rate of interest not exceeding seven per centum per annum. ELIAS F. DRAKE, Speaker of the House of Representatives. January 13, 1846. Speaker of the Senate. AN ACT To authorize the Fund Commissioners of Medina county to loan to the County Commissioners of said county a portion of interest accruing from the surplus revenue loaned in said county. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the fund commissioners of Medina county be, and they are hereby authorized to loan to the county commissioners of said county, any sums not exceeding, in the whole, two thousand dollars, from the two per cent. fund accruing from the interest of the surplus revenue loaned in said coun ty, at a rate of interest not exceeding six per centum per annum: the sums so loaned to be refunded within five years from the passage of this act. SEC. 2. The money so loaned to be applied exclusively in payment for the building of a court house for said county. ELIAS F. DRAKE, Speaker of the House of Representatives. SEABURY FORD, January 13, 1846. Speaker of the Senate. AN ACT To revive the act to authorize the reappraisement of the west half of the southwest quarter of section number fifteen, in township number sixteen, range eighteen, Refugee tract, lying and being in the county of Fairfield. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the foregoing act be, and the same is hereby revived, and shall be in force until the first day of July, one thousand eight hundred and forty-six. ELIAS F. DRAKE, Speaker of the House of Representatives. SEABURY FORD, Speaker of the Senate. January 13, 1846. AN ACT To enable the town of Mt. Vernon to enlarge its Fire Department. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the mayor and common council of the town of Mt. Vernon shall have power to levy an additional tax of six mills on the dollar, on the taxable property within the limits of said corporation; one-third to be levied on the duplicate of the fiscal year ending on the first day of April next; one-third on the duplicate for one thousand eight hundred and forty-six; and onethird on the duplicate for one thousand eight hundred and forty-seven. SEC. 2. The fund thus raised shall be kept separate from the general funds of said town, and shall be expended by said mayor and common council, exclusively in the purchase of fire engines, hose, and other machinery and utensils, for the protection of said town against fire. SEC. 3. The fire engines, hose and other apparatus employed by the fire department of said town, shall be exempt from execution. ELIAS F. DRAKE, Speaker of the House of Representatives. January 13, 1846. 4—L. L. SEABURY FORD, Speaker of the Senate. |