AN ACT To amend an act entitled "An act to lay out and establish a free turnpike road, from Kalida, Putnam county, to Napoleon, Henry county, and to the Michigan State line," passed March four, one thousand eight hundred and forty-four. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the taxes levied for road purposes on all property within one mile only on each side of the road established by the act to which this is an amendment, so far as the same runs in the county of Henry, shall hereafter be applied to the construction and repair of said road, and so much of sections five and seven, of the act to which this is an amendment, as conflicts with the provisions of this act, is hereby repealed. ELIAS F. DRAKE, Speaker of the House of Representatives. SEABURY FORD, February 14, 1846. Speaker of the Senate. AN ACT To change the name of Elias Levy to that of Elias Yulee. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the name of Elias Levy be, and the same is hereby changed to that of Elias Yulee. ELIAS F. DRAKE, Speaker of the House of Representatives. Speaker of the Senate. February 16, 1846. AN ACT To incorporate the Massillon Cemetery Association. Be it enacted by the General Assembly of the State of Ohio, That Charles K. Skinner, George D. Hine, William P. Hart, Marshall D. Wellman, Robert H. Folger, and James S. Kelley, and their associates and successors, be, and they are hereby constituted a body corporate, under the name of the Massillon Cemetery Association; by which name they shall have power to contract and be contracted with, sue and be sued, have and use a corporate seal, make and alter by-laws, and do all other acts and things necessary and proper for effecting the object of their incorporation, which is to provide a place of repose for the dead. SEC. 2. The persons named in the first section of this act, or any three of them, shall have power to open books of subscription to cemetery lots, and any person subscribing for one or more such lots, shall be deemed a member of said corporation, entitled to one vote at all meetings for each lot such person shall subscribe for, or at any time own, after such lots shall be laid off by the board of directors. SEC. 3. The affairs of this corporation shall be managed by a board of directors, consisting of six members of the corporation, to be elected by ballot by the corporation, and to receive a majority of the votes. The first election shall be held at a time and place to be designated by the persons above specifically named as corporators, who shall be commissioners for organizing the corporation; of which election, immediately after the first election, the directors then elected shall be divided into three classes: the offices of the first class shall be vacated in one year, of the second class in two years, and the third class in three years; and annually thereafter, two directors shall be chosen, who shall hold their offices for three years, and until their successors are elected; and the board shall have power to supply all vacancies in their number until the next annual election; a quorum of the board, for all purposes, shall be at least four members. SEC. 4. The annual meeting for the election of directors shall be held on the first Monday of October in each year, but special meetings may be called by the president, at the request, in writing, of two members, of which, as well as of the annual meeting, three days' notice shall be given. SEC. 5. The board of directors shall, at their first meeting after each annual election, elect, by ballot, a president from their own body, and two persons from the members of the corporation to act as secretary and treasurer; these officers shall hold their offices during the pleasure of the board, and until their successors shall be appointed; and the treasurer shall give bond, with surety, to be approved by the board, in such sum as the by-laws shall direct, for the faithful performance of his duties. SEC. 6. The corporation is authorized to purchase, or take by gift or devise, and hold land exempt from taxation and execution, and from any appropriation to public purposes, for the sole purpose of a cemetery, not exceeding thirty acres; after paying for such land, all future receipts, whether from the sale of lots, from donations, or otherwise, shall be applied, exclusively, under the direction of the board, to laying out, preserving, protecting and embellishing the cemetery and the avenues leading thereto, and to paying the necessary expenses of the corporation. No debt shall be contracted in anticipation of future receipts, except for originally purchasing, laying out, inclosing and embellishing the grounds and avenues, for which debts may be contracted, not exceeding one thousand dollars in the whole, to be paid out of the future receipts; and the board of directors shall have power to appropriate lots for the interment of such persons, not members, as they may see proper, either by donations, sales, or other modes of transfer. SEC. 7. The original conveyances of lots from the corporation to individuals, shall be evidenced by a certificate, signed by the president and countersigned by the secretary, under the seal of the corporation, specifying that such a person is owner of such a lot; and such certificate shall vest in the proprietor, his heirs and assigns, a perpetual right to the use of such lot, exempt from execution, attachment or taxation, for the sole purpose of interment, under the regulations of the corporation, or to be transferred by him to others, either in whole or in part, for that sole purpose, with the assent of the board; and in case of such transfer from a member or members to another person, it shall be made in writing in a book of the corporation to be kept for that purpose, whereupon the former certificate shall be surrendered and a new one issued to the transferree, for the whole or part thereof, as the case may require. SEC. 8. For the purpose of convenient selection and description, the board of directors shall cause a plat to be made of the lots to be disposed of for interment, designating such lots by consecutive numbers, which plat shall be recorded in the books of the corporation; the original choice of lots between those who shall have subscribed and paid for them, prior to the time of making the selection, shall be determined by lot, in such manner as the board of directors shall prescribe; and after the original selection shall have been thus determined, future purchasers may select from the lots not previously appropriated. SEC. 9. The board of directors shall have power to inclose, improve and adorn the grounds and avenues, and to erect buildings for the general use of the corporation, and to prescribe rules for the inclosing, adorning and erecting monuments in the cemetery lots, and to prohibit any use, division, improvement or adornment of a lot, which they may deem impropand they shall make report of their doings to each annual meeting of the corporation. SEC. 10. Any person who shall willfully destroy, deface, injure or remove any tomb, monument, or gravestone, or other structure placed in the cemetery aforesaid, or any fence, railing or other works for the protection or ornament of said cemetery, or of any tomb, monument or gravestone, or other structure aforesaid, or of any cemetery lot within the cemetery aforesaid; or shall willfully destroy, cut, break or injure any tree,shrubor plant within the limits of the said cemetery, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof before any court of competent jurisdiction, be punished by fine of not less than five dollars nor more thon five hundred dollars, and by imprisonment in the county jail for a term not less than one nor more than thirty days, according to the nature and aggravation of the offence; and such offender shall also be liable in an action of trespass, in the name of said corporation, to pay all such damages as have been occasioned by his unlawful act or acts, which money, when recovered, shall be applied by said corporation, under the board of directors, to the repair and restoration of the property destroyed or injured, as above; and members of said corporation shall be competent witnesses in said suits. SEC. 11. This act shall be regarded as a public act, and shall take effect from its passage. ELIAS F. DRAKE, Speaker of the House of Representatives SEABURY FORD, February 16, 1846. 15-L. L. Speaker of the Senate. AN ACT To amend the act entitled "An act to incorporate the Grand Lodge of the Independent Order of Odd Fellows of the State of Ohio," passed February 4, 1839. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the Grand Lodge of the Independent Order of Odd Fellows of the state of Ohio, shall have full power and lawful authority to purchase and hold, for the use and benefit of said Order, a lot of ground not exceeding three hundred feet square, or equal, in any other shape or form thereto, in the cemetery of Spring Grove, in Millcreek township, Hamilton county; which lot, when so purchased, shall be held and used exclusively as a burial ground, under such rules and regulations as the said Grand Lodge shall prescribe: Provided, that the rules and regulations of said Grand Lodge shall not interfere with the rules and regulations of the Spring Grove Cemetery. SEC. 2. That should the said Grand Lodge deem it expedient, at any time, to sell the property on the northwest corner of Third and Walnut streets, in the city of Cincinnati, described in the act to which this is an amendment, said Grand Lodge, upon such sale being made, shall have full power and lawful authority to acquire, hold, use, occupy and enjoy, by purchase, gift, grant or demise, any other lot or lots in the said city of Cincinnati, not exceeding, in the aggregate of quantity, one hundred feet square, and to improve the same by the erection of buildings thereon, including a hall or halls, as a place or places of meeting for the said Order, in the city of Cincinnati. SEC. 3. That the said Grand Lodge shall have full power and lawful authority to receive and hold in trust for any subordinate lodge or lodges of said Order, under the jurisdiction of said Grand Lodge, the legal title to any real estate that may be purchased by such subordinate lodge or lodges, together with the improvements that are, or may be erected thereon: Provided, that such subordinate lodge or lodges shall not be authorized to purchase, or the said Grand Lodge to hold in trust, for them or either of them, any greater amount of real estate than shall be necessary for the erection of a suitable building or buildings, in which to provide a place or places of meeting for such lodge or lodges, and also for each of said lodges a lot of ground, in any cemetery or public burial ground, not exceeding in quantity two hundred feet square, to be used exclusively as a burial lot for deceased members of said Order. SEC. 4. Any future legislature shall have power to alter or repeal this act: Provided, that such alteration or repeal shall not divest the right to the use of any property which may be acquired or held under, pursuant to, or by virtue of this act. ELIAS F. DRAKE, Speaker of the House of Representatives. SEABURY FORD, February 16, 1846. Speaker of the Senate. AN ACT To amend the act entitled "An act to incorporate the Portsmouth and Columbus Turnpike Road Company," passed February seventh, one thousand eight hundred and thirty-one. WHEREAS, the Portsmouth and Columbus Turnpike Road Company has been duly organized under its act of incorporation; and whereas, by virtue of the “act to authorize a loan of credit by the state of Ohio to railroad companies, and to authorize subscriptions, by the state, to the capital stock of turnpikes, canals and slackwater navigation companies," passed March twenty-four, one thousand eight hundred and thirty-seven, the Governor of the state of Ohio did subscribe eighty-five thousand five hundred and ten dollars, of which seventy-eight thousand three hundred and sixty-nine dollars eighty-seven cents was paid to said turnpike road company; and whereas, the entire amount of said subscription by the Governor, together with a like amount subscribed by individuals, has been expended upon so much of said road as lies between Chillicothe and Portsmouth; and whereas, no additional stock can be subscribed by the Governor, and the balance of said road, being that portion between Chillicothe and Columbus, must be completed by individual subscriptions; and whereas, the completion of that portion of said road lying north of . Chillicothe, would be facilitated by separating it from the portion south of Chillicothe, in which the state is a stockholder; therefore, SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the Portsmouth and Columbus Turnpike Road Company be, and the same is hereby divided into the Portsmouth and Columbus Turnpike Road Company, south, and the Portsmouth and Columbus Turnpike Road Company, north, Chillicothe being the dividing point between the two portions of the said road. SEC. 2. The southern portion of said road shall be managed by officers chosen by the stockholders owning stock which shall have been applied to the making of such southern portion of said road, and the northern portion of said road shall be managed by officers chosen by the stockholders owning stock which shall have been applied, or be appliable to the making of such northern portion of said road, and the profits arising from the southern portion of said road shall be divided among the holders of such stock as shall have been applied to the making of that portion of said road, and the profits arising from the northern portion of said road shall likewise be divided among the holders of such stock as shall have been applied, or shall be appliable to the making of such northern portion of such road. SEC. 3. Each portion of the Portsmouth and Columbus Turnpike Road Company shall be entitled to all the privileges, and subject to the penalties and restrictions, and governed by the provisions of the act to which this is an amendatory act.. SEC. 4. That so soon as five consecutive miles of the northern division of said road shall be finished, the company may erect a gate, and collect tolls at the rate charged on the southern portion of said road. SEC. 5. Any of the provisions of the act to which this act is amendatory, that are contrary to the provisions of this act, be, and the same are hereby repealed. |