Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1849-06-27

! ses,'' and the several acts amendatory thereto.
Sec. l. Be at enacted by the General
assembly Of the State Of Ohio, That when
ever any turnpike road, within the provis-
ions of the principal act, to which this [is
an amendment, shall pass through two or
more counties, the court of common pleas
of the county in shich bill shall be first
filed, under the provisions Of the act last
mentioned, shall have exclusive jurisdiction
to appoint IA receiver; manage and distri-
butte the fund thereby accumulated; audit
and allow the receivers accounts; pay the
claims of creditors; and take cognizance, in
all respects, of the cause so brought into
court, according to the course Of equity ju-
risprudence.
Sec. 2. And belt further enacted, that
when any bill shall be filed, as aforesaid, it
shall be the duty of the complainant, Or
complainants to give notice of the pendeney
and prayer thereof, by advertisement in one
newspaper published in each of the counties
through which the said road may pass, Tor
if no newspaper be published in any county,
as aforesaid, then in some newspaper OF
general circulation in such county, for six
successive weeks, to all the creditors of the
company defendent thereto, requiring them
to appear at the next term of the court, in
which the said bill may be filed, make them
selves parties defendant, and exhibit their
claims, as in the case Of membranes upon
real estate.
Sec. 8. And be it further enacted, that.
whenever it shall be made to appear to the
court of common pleas of any county, in
which any such bill may have been fled,
at any stage of its proceeding, that bill of
like nature had previously been filed in the
court of common pleas of any other county
through which the road or any other work
of the company defendent thereto, likewise
passes, it shall be the duty Of the said court
to direct its clerk to send an authenticated
transcript of its proceedings, the original
papers on file, and statement of the costs
already accrued, to the clerk Of the court of
common pleas of the county in which the
first bill was filed as aforesaid, and to cease
all further action in the said cause, as in
causes certified from one court to another,
under the several acts now in force.
Sec T. And be it further enacted, that
it shall be the duty of the court of common
pleas, to the clerk of which any such trans
cript shall be sent as aforesaid, to consolidate
the bill Herewith sent as a cross-bil in the
case already pending before it, and to pro-
ceed therein as if the said bill had been thus
originally filed.
Sec S. And be it further enacted, that
whenever any bill or bills, filed under the
provisions of the principal act to which this
is an amendment, is or are now pending IN
the court of common pleas of two Or more
counties, it shall be the duty of the said
courts, respectively, to comply with the pro-
visions of the third and fourth sections of
this act as well in regard to all amended,
supplemental, and cross bills, as to the orig
inal bills, and of the court into which the
cause or causes shall be thus brought to
order notice of the pendency Of the same,
according to the provisions of the second
section hereof and of the stage of proceed
ings which the said cause or causes shall
have attained.
Sec. 6. And be it further enacted. that
the provisions of this act shall apply, in all
respects, as well to the superior and COM
nercial courts of Cincinnati, the superior
court of Cleveland, and all other courts
hereafter to be established, as to the courts
of common pleas Of the several counties.
Sec. 7. And be it further enacted, tha:
the costs of notification and other necessary
cost incurred in any of the causes mem
toned in this act shall be taxed and paid
oct of the tolls collected by the receiver as
azores aid, and all other costs incurred in
such causes shall be taxed, at the discretion
of the court, according to the usages Of
ehancery.
Sec. 8. And be it further enacted, that
all acts and parts of acts Inconsistent here
with, be and the same are hereby repealed /;
Provided nothing herein contained shall be
construed to deprive the creditors Of any
turnpike company of the benefit Of the act
passed the Ell ghth day of February, in the
year eighteen hundred and forty-seven, en-
titled can act for the relief of creditors of
turnpike companies, in which the State is a
stockholder," Or of she right Of any compa-
ny to have its road surrendered to it when
ever the creditors thereof, or the requisite
number Of them, shall have availed them
selves Of the provisions Of the last named
act.
JOHN G. BRESLIN,
Speaker House Reps:
BREWSTER RANDALL,
Speaker Of the Senate.
March 10, 1s49. .-#
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