AN ACT To establish a Free Turnpike Road from Wapaukonnetta, in Allen county, to Kenton, in Hardin county. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That John Rogers, Hugh S. Rinehart, John Elliott and Thomas Guthrie, of the county of Allen, and Samuel Kirkland and John Ward, of the county of Hardin, be, and they are hereby appointed commissioners to lay out and establish a free turnpike road from Wapaukonnetta to St. Johns, in Allen county, and from thence to Roundhead and Kenton, in Hardin county. SEC. 2. The commissioners aforesaid and their successors shall be a corporation by the name and style of the St. Johns Free Turnpike Road, and they shall be governed in all things by the provisions of the act "to provide for laying out and establishing free turnpike roads," passed March twelve, one thousand eight hundred and forty-five, and the act amendatory thereto Provided, that should the taxes assessed for road purposes, which are, by law, to be applied to the construction of this road, come in contact with the taxes to be applied to the Uniopolis Free Turnpike Road, then the respective auditor or auditors of the county or counties where such contact may occur, in making up their duplicates, are hereby required to divide the taxes on said roads as nearly equal as possible. ELIAS F. DRAKE, Speaker of the House of Representatives. Speaker of the Senate. February 9, 1846. AN ACT To incorporate the Zanesville Cotton Mill. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That James Raguet, John A. Adams, William Galigher, George A. Jones, John R. Prat, and their associates and successors, be, and the same are hereby constituted a body corporate and politic, by the name and style of the Zanesville Cotton Mill, 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 not be inconsistent with the laws of the United States, or 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 two 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 their 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 that 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 the votes present shall determine all questions submitted to the stockholders: Provided, said company shall not contract debts exceeding the amount of capital stock subscribed by responsible stockholders, to which may be added the amount expected to arise within one year from other sources than from the capital stock of said company; and if said company should contract debts exceeding the amount aforesaid, said company shall be liable therefor; and the officers authorizing such excess of debts, shall be individually liable for the same: Provided, that no contract for labor to be performed, or buildings to be erected, shall be considered a debt contracted until the completion of said contract. SEC. 3. The annual meetings of stockholders shall be on the first Monday of April, 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 that time, they may hold a special meeting for that purpose, at any subsequent time, by giving thirty days' notice thereof in some newspaper published, and of general circulation in Muskingum county; the number of directors shall not be more than nine, nor less than five; the directors shall hold their office 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 one of their number president of the corporation, and may appoint such other officers as they shall deem necessary to transact their business, and may also prescribe the amount of compensation to be allowed them for their services; the directors may make their own by-laws; all questions before the board of directors, shall be decided by a majority of the directors present, and two-thirds of the directors shall constitute a quorum for the transaction of business; vacancies in the board 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 a manner as a majority of the present stockholders may 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 maintenance of such machinery, dams, buildings, races, water courses, as may be necessary in their business of manufacturing, but for no other purposes than those connected with, and pertaining to said business; they shall cause a record to be kept of all 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 amount of business of the company, and declare and make such dividends of the profits from the business of said company, not reducing their capital stock while they have outstanding liabilities, as they shall deem expedient. SEC. 4. The persons named in the first section of this act, or a majority of them, shall be commissioners to open books for the subscription to the capital stock of said company, at such times and places as they may deem proper; and said company are authorized to commence operations upon the subscription of twenty thousand dollars of said stock. SEC. 5. The president and directors of said company shall have power, at any of their meetings, to require the payment of the capital stock of said company to such persons, and at such times and places as they may deem proper, upon giving thirty days' notice of the amount of such installments, and of the times and places where the same shall be paid, in some newspaper in and published in Muskingum county; and if any stockholder or stockholders shall fail to pay up such installment or installments as shall be required by the president and directors, as aforesaid, the directors shall have power either to institute suits against such stockholder or stockholders, in any court having jurisdiction, to recover such installment or installments, or to sell such share or shares as shall be delinquent, at public auction, to the highest and best bidder, after giving ten days' notice thereof, in some newspaper published and in general circulation in said Muskingum county; and such stockholder or stockholders shall be liable for the residue, if any, due upon such share or shares, after deducting the proceeds of such sale. SEC. 6. In any suit instituted against the company, the service of process upon the president, secretary, or treasurer, shall be deemed legal service on the corporation. ELIAS F. DRAKE, Speaker of the House of Representatives. February 9, 1846. Speaker of the Senate. AN ACT Appointing commissioners with authority to lay out and establish a free turnpike road in Lawrence county. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That Luke Reynolds, John Clarke, John Puffree, and Charles W. Simmons, of Lawrence county, be, and they hereby are appointed commissioners to lay out and establish a free turnpike road, commencing at the corner of State and Front streets, in the town of Millersport, in said county, thence, the nearest and best way, to the town of Marion, in said county, with power to lay out and establish a branch of said road from such point, as said commissioners may direct, to Bartramville, in said county of Lawrence. SEC. 2. The commissioners, herein named, shall exercise their corporate powers under the name and style of the Millersport and Marion Free Turnpike Company, and shall be governed, in all respects, by the act entitled "an act to provide for laying out and establishing free turnpike roads," passed March twelve, one thousand eight hundred and forty-five, and all acts amendatory thereto: Provided, that the taxes on lands on each side, and contiguous to the first and last miles of said road, shall be applied to said road, only at the option of the taxpayers themselves. ELIAS F. DRAKE, Speaker of the House of Representatives. SEABURY FORD, Speaker of the Senate. February 9, 1846. AN ACT To lay out and establish a free turnpike road from Woodville, through Rollersville, in Sandusky county. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That Wilson Teatus, William Anderson, and William Blank, of the county of Sandusky, be, and they are hereby appointed commissioners to lay out and establish a free turnpike road, from Woodville to the south line of Sandusky county; and said road shall be laid out and established on the route of the state road leading from Woodville to Tiffin, through Rollersville. SEC. 2. That said commissioners and their successors shall be a body corporate, under the name of the Woodville and Rollersville Free Turnpike Road, and shall, in all things, be governed by the "act to provide for the laying out and establishing free turnpike roads," passed March twelve, one thousand eight hundred and forty-five, and the acts amendatory thereto, except so far as said act may conflict with the provisions of this act. SEC. 3. That the commissioners of Sandusky county be, and they are hereby authorized, if in their opinion the public interest requires it, to levy an additional tax, at their June session, annually, for the term of five years, not exceeding five mills on the dollar of the valuation on all real estate, as the same is or may be on the grand levy, for state and county purposes, as hereinafter described; said commissioners may, at their discretion, assess said tax to the distance of one or two miles in width, on each side of said road: Provided, said commissioners give public notice in some newspaper in said county; if no newspaper be printed in said county, to post up advertisements at five of the most public places in said county, of their intention to levy such road tax; and if, in their opinion, the public interest does not require a tax to be assessed south of Rollersville, then, and in that case, the commissioners are hereby authorized to assess such tax on the lands described in this section, between Woodville and Rollersville; and the tax so levied, as aforesaid, shall be added to the duplicate, and collected in the same manner that state and county taxes are collected; and in case the commissioners shall assess a tax on any part of the lands authorized to be taxed in this section, then, and in that case, the taxes authorized to be applied to free turnpike roads, by the fifth section of the act of March twelve, one thousand eight hundred and forty-five, shall not be so applied to said road beyond any lands not taxed by said commissioners; and in case the commissioners shall not assess such taxes authorized to be assessed by this act, then, and in that case, the fifth section of the act of March twelve, one thousand eight hundred and forty-five, shall not extend to more than one mile in width on each side of said road. That wherever this act shall conflict with other free turnpike roads, the taxes for road purposes shall be equally divided between such roads. SEC. 4. This act shall not remain in force for a longer period than six years from and after its passage. ELIAS F. DRAKE, Speaker of the House of Representatives. February 9, 1846. Speaker of the Senate. AN ACT To enable the City of Chillicothe to enlarge its Fire Department. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the city council of the city of Chillicothe, shall have power to levy an additional tax of two mills on the dollar, on all taxable property within the limits of said city, one mill to be levied on the duplicate for the year one thousand eight hundred and forty-six, and one mill on the duplicate for the year one thousand eight hundred and forty-seven. SEC. 2. That a majority of the voters of said city, at any subsequent annual election, may authorize the city council to levy an additional tax not exceeding one mill on the dollar in any one year, on all taxable property within said city, for the purpose of increasing the fire apparatus of said city, or for the purpose of constructing cisterns to hold water, to be kept as reservoirs for extinguishing fires. SEC. 3. The fund thus raised shall be kept separate from the general fund of said city, and shall be expended by the proper authorities of said city, exclusively in the purchase of fire engines, hose, and other machinery, and utensils, for the protection of said city against fire. SEC. 4. All property purchased by said city for the protection against fire, or employed by the fire department of said city, shall be exempt from execution. ELIAS F. DRAKE, Speaker of the House of Representatives. SEABURY FORD, February 11, 1846. Speaker of the Senate. |