Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1870-05-06
THE pEnRYspuRa HYpRArL1c.
'rhc Act ofIncorpOration and Amcnd-
ments thereto.
AN ACT TO Incorporate the Pcrrysburg G

=
Jarvis spad,rd, David Ladd, john llollister,
j. G. SPHINX, }. w. Smith, Elijah Huntington,
Eber Wilson, j. +. Key, Henry Benedict, Guy
Nesriug, William kingshery, With such other
persona as shall be associtod With them for the
purposes hereinafter specified, and their sue
cssaors be, and they are hereby constituted
body corporate and polite, with perpetual sue
cessian, by the name aud style of the "Perrys-
burg Uanai aad Hydraulic Company" and as
such shall be capableof sueng aud bing sued
answering and being answered unto, in all courts
of justice. Hl
SEo, 2. That the capital stock shall consist
of not more than two hundred thousand dollars,
and shall be divided into shares Of one hundred
dollars each, Which shall bo subscribed and
paid for, under such regulations ns the alore-
said curporators, owning majority Of tho stock
Of said company, shall prescribe.
/ SEC. o. That the bylaws of tho company
shall not be valid until they shall have received
the sanction 0f vote Of majority Of the
/ stock subscribed.
! SEc g. That so soon as thirty thousand dol
1 lars OF tile capital stock shah have been sub
/ scri9od the stockholders owning majority Of
the stock Of said company shalt have power to
| appoint board Of Ave directors, one Of whom
/ shall be president of said company, and that
I the election Of directors shall be held annually
! ever thereafter.
! SEC 5. That the company shall cause
! record to be kept Of all stock subscribed, and
/ all transfers Of stock, with the owners names,
/ and the amount OF stock held by each which
record shall, at all times, be open to the inspec-
ton of all persons having claims against said
company.
SIC i. That the stockholders shall be ind-
! yidualiy Liable, in proportion to the amount Of
stock owned by each, for all balances Of debts
| due by said company after the means Of the
| company shall have been exhausted, nor shall
| the debts due by the company ever exceed the
amount of stock subscribed and judgments
against the company shall hold good in law
against each stakeholder for such balances, and
in such proportion as aforesaid.
Sac l. Tha, said company have the power
to locate and forever maintain canal lot hy-
1 drnuic purposes on any route the com, iany may
select, commencing at the level Of the Msumee
river, ut Perry ysburg, in Wood county, aud tor
minahng in a Junction with tie Maumee river,
at or near Watcrvle, in Lucas county and
also with the Wabash aud Erie Canal at such
point rs lie B0ard of Public Works shall direct:
Provided, the same shah not interfere with the
interests Of the State; and said company is
hereby authorized, for the purposes aforesaid,
to construct all necessary locks, basins, aque-
duets. euiverts, wasie wcirs, dams, wharves
4 embdpkments, and other appendsges t. said
cmll, with the further power to employ, as res
ervOifs or feeders, all streams, D. nds or rivers.
n.ar or ov which said CAM may pass and tn
save tis 4 ods and other waters ia sail ponds,
! rivers, reservoirs and streams, by feeders with
| said canal Puy1ed, !hut in crossing the
AIaumee river, whether By dam or otherwise,
no damage shall BE- done to any mills at sites
now occupied, ,or nnimproved, either BY ABSTRACT
ing water from the river, or bv causing it u rise
toa level which wcull obstruct tie wheels OF
any such mills: And provided further, That
nothing In this act shall be 81 cuns'rue as 10
deprive the state Of the right to use The water
Of tho Miumec river in any manner it may
deem proper.
u Al.
auth.rized 10 purchase and hold, TO them and
( their successors forever, real and personal es-
/ tate to any amount necessary for constructing,
maintaining and repairing said canal and tie
WORKS connected therewi.h as aforesaid, and
4 my receive and holl all voluntary donations of
lands aud real estate which may be made to aid
/ tie objects OF said corporation; and whenever
( said corporation shall become possesse of and
+ own any property, real or personal, which it
/ may be unnecessary for them to retain for the
/ purposes aforesaid, it shall be lawful for said
corporation to sell lease or convey the same, by
deed or other Conveyance or assurance proper
in such cases.
SIC. 9. Tha.a toll be, and is hereby granted
AMI established for the sole benefit of said cer-
porlGon Il r yer: aud it shall be lawful for said
corporation, from time to ;ime, to iix, regulate
and receive, the tells and charges by them to be
received for the transportation Of property or
persons on said canal, authorized by this act !:
Provided. That the tolls and charges thus fixed,
regulated aud received by said corporation
shall at 20 time exceed the highest rate Of tolls
and du,;es, together with the charges Of freight
10 which property of a similar kind is subjected
for coats Of transportation on the Wabash and
Erie Canal.
$40 To- Tint the president and directors Of
said corporation shall have pow TO make, from
time 90 time, all needful rules, regulations and
bJ avs touching the business Df said corpora
ton Provided, the same be not rcrugnant To
the const tution anl laws OF this Seate or Of the
United States, and penalties provided for by
siil b}-.aws may be sued for by any persou or
persons authurjzad thereto, in the name Of the
corporation, and recovered before any court
having juris iictiOn thereof Provided, That II
/ by laws to the breaeh OF which penalties are an
uexed, shall be printed by said corporation and
a copy thereof placed in conspicuous stua-
! ton.
Src. II. That il any person or persons shall
willlulIy obstruet the water, or in any way
spoil, iujure or destroy said canal or anything
/ belonging thereto, or any material to be used IN
the construction of said canal, such person Oh
per.ons shall each be liable tO a penalty for any
such offence, equal in amount to treble the dam
I ages sustained by such offence, 10 be covered
by action OF debt in any court having iurisdic
ton thereof.
SEC u. That whenever any lands, waters o
T materials shall be taken for the construction o
said canal or works connected herewith, anc
the same shall not bp given or grtnted to sale
corporation, and the proprietor or propIetors d,
not agree with the said corporation as to th
compensation to be paid therefor, il shall be Ia
ful for the person or persons claiming compens
alton therefor, to select for themselves one arbi
r traitor and the said corporation shall select on
arbitrator, and the two TINS selected shall TAX
b. themselves third, who shall award as arti
= traitors between the parties, and report the re
4 suit 30 the said parties IN writing, from wAic
. slid award, either party may appeal to the couI
;, OF common pleas Of the county in which sal
J. lands, waters, Or mal6rials may be situated. IN
Il in all csses where compensation shall be claime
: for lands or water, t shall be the Guty Of tli
arbitratnrs, or the court, 10 estimate any advau
/ rLsg9 vii h the location and establishment
said canal may be to the person or porson
claiming such compensation; and snch udyar
tage, If any, shall be set ctf against the con
pensati0n SO claimed of said corporate NJ an
= said appeal when taken sha ! in all respect
II proceed as appeals in other eases to said cour
z and be brought into said conlt by Cling III
!, award with tho clerk 0f the court, VIII sc dnl
a il shall be 10 enter the same on his docket, SCI
! ting down the person or persons vino clail
$ compensation as plaintiffs and The corporate
Is as defendants.
y SEC. l3. That in all cases where said cans
IS shall cross any existing State or county rUa
g which AT the time shall be opened and used
y such, said cooperation shall be bouId o. ere
g and keep in repair a good aHd sufficient brids
u over said canal in all such places, and in a
y eases where any road or public highway sha
o be so situated that sail canal or any Of its al
= penlages can not be judcausly laii ont al
D. constructed without interfering herewith,
r SHALL be lawful for said corporation tn cause sa
g road or highway to be 50 altered as that sa
u road caual or ether appendagG thereto, may
10 located and Q Instructed on the most adyantl
% geous site Of ground; Provided That sa
q corporation shall cause such road or highWd
:, to be put in rs gonA repair as the ol one was
the tiine ot removing tie same, at their own co.
e before shutting up or obstrueting said higl
Z way.
SEC a. That should said company n
commence the construction of said improveme
within two years and complete the same with
a Eve years from the passage of this act, th'
Is aud in that case, this act shall be null and vo
e in every respect, as though said company hi
Y not been Incorporated.
SIC. Is. That said company shall ha
power to dispose of, by sale or lease, any pa
Of, or the whole Of their interest 10 tho wat
power they may create under the provisions
this act, as individuals could or might dspo
Of their private property,
WILLIAM MEDlLL.
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