act to amend an act, entitled, an act to incorporate the Nimishillen and Sandy Navigation Company," passed March 9th, 1835, be, and they are hereby empowered and authorized, to borrow the sum of ten thousand dollars; and for the payment of the sum, together with interest, to pledge the property, resources, faith, and integrity, of said town of Canton. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the name of Prosper Coulton, of the county of Portage, be, and the same is hereby changed to that of Lyman Prosper Coulton; by which name he shall be hereafter known: Provided, That nothing herein contained, shall operate or be construed to defeat or affect any right or interest acquired or vested in him by the name of Prosper Coulton. WM. SAWYER, Speaker of the House of Representatives. January 1st, 1836. Speaker of the Senate. AN ACT To provide for the sale of section sixteen, in Fox township, in the county of Carroll. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the auditor of the county of Carroll shall cause the assessor of said county, between the first day of March and the first day of July, one thousand eight hundred and thirty-six, to make a true valuation in money, of section sixteen, range four, in township thirteen, in said county, taking into consideration all the local advantages thereof; and such assessor shall enter in a book, to be procured for that purpose, the value of each quarter section, half quarter section, or other division separately, as the case may require; giving the value, and a proper and suitable description of each quarter section, half quarter section, or other division; and such assessor shall also note whether the same is improved or unimproved, and shall return the valuation so made to the auditor of said county, who shall preserve the same in his office, and make a true copy thereof, and forward such copy to the Auditor of State. Sec. 2. The Auditor of State, and the Auditor of the aforesaid county of Carroll, shall be governed, in the sale of said section, by the provisions of the act to provide for the sale of section sixteen, granted by Congress, for the use of schools, passed January the twenty-ninth, one thousand eight hundred and twenty-seven. WM. SAWYER, Speaker of the House of Representatives. January 1st, 1836. Speaker of the Senate. AN ACT To incorporate the Ashtabula county Mutual Fire Insurance Company. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Joshua R. Giddings, Lynds Jone, Samuel Hendry, Peck Clark, James M. Bloss, Horace Wilder, Henry Keyes, Ashbel Dart, Lemuel Moffit, Roger W. Griswold, Joseph L. B. Barber, Samuel Kannady, Abner Kellogg, Ansel Udell' and Alvin Bagley, and all other persons who may hereafter become members of said company, in the manner hereinafter prescribed, be, and they are hereby incorporated and made a body politic, by the name of the Ashtabula County Mutual Fire Insurance Company, for the purpose of insuring their respective dwelling houses, stores, offices, shops, and other buildings, household furniture and merchandize, against loss or damage by fire, whether the same shall happen by accident, lightning, or by any other means, excepting that of design in the insured, by the invasion of an enemy or insurrection of the citizens of this State, or of any of the United States; and by that name, may sue and be sued, plead and be impleaded, appear, prosecute and defend, in any court of competent jurisdiction in this State or elsewhere; may have and use a common seal; may purchase and hold such real and personal estate as may be necessary to effect the object of their association, and the same may sell and convey at pleasure; may make, establish and put in execution, such by-laws, ordinances and resolutions, not being contrary to the laws of this State or of the United States, as may be necessary or convenient for their regulation and government, and for the management of their affairs, and do and execute all such acts and things as may be necessary to carry into full effect the purposes intended by this grant. Sec. 2. That all and every person and persons who shall at any time. become interested in said compony, by insuring therein, and also their respective heirs, executors, administrators and assigns, continuing to be insured therein as hereinafter provided, shall be deemed and taken to be members thereof for and during the term specified in their respective policies, and no longer, and shall at all times be concluded and bound by the provisions of this act. Sec. 3. That there shall be a meeting of said company, at Jefferson, in the county of Ashtabula, on the third Tuesday of October, annually, or on such other day as the said company may hereafter determine, notice of which shall be given by the secretary, or on his failure, by the president, or either of the directors, stating the time and place of said meeting, by publication, three weeks successively, in one or more newspapers printed in said county, the last of which publications shall be at least six days previous to the time of holding said meeting; at which meeting shall be chosen by a major vote of the members present, a board of directors, consisting of not more than nine, nor less than five members, who shall continue in office until others shall have been chosen, and accepted the trust in their stead; all vacancies happening in said board, may be filled by the remaining members, to continue until the next annual meeting; and a majority of the whole number shall constitute a quorum for the transaction of business; special meetings of the company may be called by order of the directors, or in such other manner as the by-laws may pre scribe. Sec. 4. That the board of directors shall superintend the concerns of said company, and shall have the management of the funds and property thereof, and of all matters and things there to relating, and not otherwise provided for by said company; they shall have power from time to time, to appoint a president, a secretary, treasurer, and such other officers, agents and assistants, as to them may seem necessary, and prescribe their duties, fix their compensation, take such security from them as they may deem necessary for the faithful performance of their respective duties, and them to remove at pleasure; they shall determine the rules of insurance, the sum to be insured on any building, and the sum to be deposited for the insurance thereof: they shall order and direct the making and issuing of all policies of insurance, the providing of books, stationery and other things needful for the office of said company, and for the carrying on the affairs thereof, and may draw upon the treasurer for the payment of all losses which may have happened, and for expenses incurred in transacting the business of said company; and shall keep a record of their proceedings; and any dissenter disagreeing with the majority of the board at any meeting, may enter his dissent, with his reasons therefor, on record. Sec. 5. That any person who shall become a member of said company by effecting insurance therein, shall, before he receives his policy, deposit his promissory note for such a sum of money as shall be determined by the directors, a part, not exceeding five per cent. of which said note shall be immediately paid, for the purpose of discharging the incidental expenses of the company, and the remainder of said deposite note shall be payaable in part, or the whole, at any time when the directors shall deem the same requisite for the payment of losses or other expenses; and at the expiration of [the] term of insurance, the said note, or such part of the same as shall remain unpaid, after deducting all losses and expenses accruing during said term, be relinquished and given up to the signer thereof. Sec. 6. That any member of said company shall be, and hereby is bound and obliged to pay his, her or their proportion of all losses and expenses happening or accruing in or to said company, and all buildings insured by and with said company, together with the right, title and interest of the insured to the lands on which they stand, shall be pledged to said company, and the said company shall have a lien thereon against the insured, during the continuance of his, her, or their policies. Sec. 7. That in case of any loss or damage by fire happening to any member, upon property insured in and with said company, the said member or members shall give notice thereof, in writing, to the directors, or some one of them, or to the secretary of said company, within thirty days. from the time such loss or damage may have happened; and the directors, upon a view of the same, or in such other way as they may deem proper, shall ascertain and determine the amount of said loss or damage; and if the party suffering is not satisfied with the determination of the directors, the question may be submitted to referees, or the said party may bring an action against said company for the loss or damage at the next court of common pleas holden in said county of Ashtabula thereafter, unless said court shall be holden within sixty days after said determination; but if holden within that time, then at the next term of said court holden in said county thereafter; and if, upon trial of said action, a greater sum shall be recovered than the amount determined upon by the directors, the party suffering shall have judgment therefor against said company, with interest thereon from the time said loss or damage happened, and costs of suit; but if no more be recovered than the amount determined upon by said directors, the said party shall become non-suited, and the said company shall recover their costs: Provided, however, That the judgment last mentioned, shall in no case affect the claim of said suffering party to the amount of loss or damage, as determined by the directors aforesaid: And provided, also, That execution shall not issue on any judgment against said company until after the expiration of three months from the rendition thereof. Sec. 8. That the directoes shall, after receiving notice of any loss or damage by fire, sustained by any member, and ascertaining the same, or after the rendition of any judgment as aforesaid, against said company for such loss or damage, settle and determine the sums to be paid by the several members thereof, as their respective proportions of such loss, and publish the same in such manner as they shall see fit, or as the by-laws shall prescribe; and the sum to be paid by such member shall always be in proportion to the original amount of his deposite note or notes, and shall be paid to the treasurer within thirty days next after the publication of said notice; and if any member shall, for the space of thirty days after the publication of said notice, neglect or refuse to pay the sum assessed upon him, her or them, as his, her or their proportion of any loss or damage as aforesaid, in such case the directors may sue for and recover the whole amount of his, her or their deposite note or notes, with costs of suit; and the money thus collected shall remain in the treasury of said company, subject to the payment of such losses as have or may thereafter accrue, and the balance, if any remaining, shall be returned to the party from whom it was collected, on demand, after thirty days from the expiration of the term for which the insurance was made. Sec. 9. That if it ever shall so happen that the whole amount of deposite notes shall be insufficient to pay the loss occasioned by any one fire or fires, in such case, sufferers insured by said company shall receive, towards making good their respective losses, a proportionate dividend of the whole amount of said notes, according to the sums by them respectively insured, and in addition thereto, a sum to be assessed on all the members of said company, not exceeding fifty cents on every hundred dollars by them respectively insured; and the said members shall never be required to pay for any loss occasioned by fire, at any one time more than fifty cents on each hundred dollars insurance in said company, in addition to the amount of his, her, or their deposite note, nor more than that amount for any such loss, after his, her, or their said note shall have been paid in and expended; but any member, upon the payment of the whole of his, her, or their deposite notes, and surrender of his, her, or their policy, before any subsequent loss or expense has occurred, may be discharged from said company. Sec. 10. That the said company may make insurance for any term not exceeding ten years; and any policy of insurance, issued by said company, signed by the president and countersigned by the secretary, shall be deemed valid and binding on said company, in all cases where the insurance has a title in fee simple, unincumbered, to the building or buildings insured, and to the land covered by the same; but if the insured have a less estate therein, or if the premises be incumbered, the policy shall be void, unless the true title of the insured, and the incumbrances of the premises, be expressed therein, and in the application therefor. Sec. 11. That the directors shall settle and pay ell losses, within three months after they shall have been notified as aforesaid, but no allowance is to be made, in estimating damages in any case, for gilding, historical or landscape painting, stucco or carved work. Sec. 12. That when any house or building shall be alienated, by sale or otherwise, the policy shall thereupon be void, and be surrendered to the directors of said company to be cancelled; and upon such surrender, the insured shall be entitled to receive his, her, or their deposite note or notes upon the payment of his, her, or their proportion of all the losses and expenses, that have accrued prior to such surrender: Provided, however, That the grantee or alienee, having the policy assigned to him, her, or them, may have his, her, or their right thereto, ratified and confirmed to him, her, or them, for his, her, or their own proper use and benefit, upon application to the directors, and with their consent, within thirty days next after such alienation, on giving proper security to the satisfaction of said directors, for such proportion of the deposite or premium note as shall remain unpaid; and by such ratification and confirmation, the party causing the same shall be entitled to all the rights and privileges, and subject to all the liabilities to which the original party insured was entitled and subjected to under this act. Sec. 13. That if any alteration shall be made in any house or other building by the proprietor thereof, after insurance has been made thereon with said company, whereby it may be exposed to greater risk or hazard from fire, than it was at the time it was insured, then, and in any such case, the insurance made upon such house or other building, or upon household furniture, merchandize, or other property insured in said house or other building, shall be void, unless an additional premium and deposite, after such alteration, be settled with and paid to said directors; but no alterations or repairs in buildings, not increasing such risk or hazard, shall, in anywise, affect insurance previously made thereon. |