is impure or adulterated, or any butter or cheese, or substances having the semblance of butter or cheese found therein contain any impure, unwholesome or deleterious substance, or is being sold or offered for sale under any false or deceptive name or designation, that any butter or cheese not made from pure cream or milk or any substance having the semblance of butter or cheese, is being sold or offered for sale without being branded or stamped as required by section 7090, he shall take specimens thereof and subject them to satisfactory tests; or, if the board of health so direct, to chemical analysis, the result of which he shall record and preserve as evidence, and a certificate of such result, sworn to by the analyst, shall be admissible in evidence in all prosecutions under this chapter, or any law of this state. SEC. 2. Said original sections 2133 and 2134 are hereby repealed, and this act shall be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. Analysis of milk, butter, etc. Passed April 18, 1881. [House Bill No. 976.] AN ACT To authorize the commissioners of certain counties to purchase sites and erect thereon necessary buildings for children's home. [PERRY AND TUSCARAWAS COUNTIES.] SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in counties which, at the last federal census, had a population of not less than twenty-eight thousand two hundred, and not more than twenty-eight thousand and three hundred, and in counties having a population of not less than forty thousand one hundred and not more than forty thousand three hundred, the county commissioners are hereby authorized to purchase a suitable site and erect thereon necessary buildings, or to purchase a suitable site with buildings already erected thereon, to be styled and used as the children's home for such county; and said commissioners are hereby vested with all the powers, right and authority given by section nine hundred and twenty-nine of the revised statutes of Ohio, to county commissioners to make such purchase and provide means of payment therefor, and to receive and hold property in that behalf; and said children's home shall be governed, supported and conducted as provided by the revised statutes of Ohio relating to children's homes for counties: provided, however, that in counties having such population of twenty-eight thousand two hundred nor more than twenty-eight thousand three hundred, that not more than eight thousand dollars shall be expended in the purchase of a site and buildings; and provided that in counties having such population of not less than forty thousand one hundred and not more than forty thousand three hundred, that not more than twenty-five thousand dollars shall be expended in the purchase of said site and buildings, and provided further, that the said commissioners may transfer and use for such purpose any surplus funds arising in the county from the tax on dogs and not otherwise disposed of. SEC. 2. This act shall take effect on its passage. JOHN A. WILLIAMSON, Speaker pro tem. of the House of Representatives. Passed April 18, 1881. [Senate Bill No. 456.] AN ACT To authorize certain townships to build railroads, and to lease or operate the same. [BLANCHARD TOWNSHIP, PUTNAM COUNTY.] SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whenever in any township which by the federal census of 1870 had, and which by any subsequent federal census may have, a population of one thousand five hundred and ninety-three (1593), the township trustees thereof shall, on the petition of not less than twenty-five resident tax-payers of such township, pass a resolution declaring it to be essential to the interest of such township that a line of railway shall be constructed on the line to be designated in said petition, and said railway shall be named in said resolution, and the termini thereof shall be designated therein, and not to exceed seven miles in length, it shall be lawful for a board of trustees appointed as herein provided, and they are hereby authorized to borrow as a fund for that purpose, not to exceed the sum of thirty thousand dollars, and to issue bonds therefor, in the name of said township, bearing interest at a rate not exceeding six per centum per annum, payable semi-annnually, said bonds to be payable at such times and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of said board, and attested by the clerk of such township, who shall keep a register of the same, and they shall be secured by the pledge of the faith of such township, and a tax which it shall be the duty of the trustees thereof, annually, to levy (which tax shall not exceed five mills on the dollar in any one year), to pay the interest and provide a sinking fund for the final redemption of said bonds: and provided, that no money shall be borrowed or bonds issued until after the question of providing the line of railway specified in said resolution shall be submitted to a vote of the qualified electors of such township, at a special election to be ordered by the township trustees thereof, of which not less than fifteen days' notice shall be given, by posting up notices at not less than five of the most public places in such township, and by publishing for two successive weeks, such notice in a newspaper printed in the county in which such township is located, and of general circulation in such township: further provided, a majority of said electors voting at such election, shall decide in favor of such line of railway. The returns of said election shall be made to the clerk of said township, and by him laid before the township trustees, who shall declare the result by resolution. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. SEC. 2. If a majority of the votes cast at said election shall be in favor of the construction of the line of railway, as specified in the first section, it shall be the duty of the township trustees to nominate five trustees, who shall be electors and freeholders of said township, to be called the trustees of railway (the blank to be filled with the name of the railroad as given in the aforesaid resolution), and the same nominations shall be forthwith presented to the judge of the court of common pleas presiding in said county for his approval or rejection, and in case of his rejecting any of the persons named, then other nominations shall be made in like manner until said board is filled, and when said board shall be full, the said judge shall make an order indorsing such appointment on the minutes of the court of which he is judge; he shall also designate the amount of bond to be given by the trustees, each bond to be several, and conditioned for the faithful performance of his duties as such trustee; said bond shall be signed by not less than three sureties, and shall be approved by the clerk of said court, and be signed in duplicate, one copy to be filed with the clerk of said court and the other with the treasurer of said township. Said trustees shall, before entering upon the discharge of their duties, each take an oath of office that they will faithfully and honestly discharge the duties of their office. SEC. 3. The said board of trustees and their successors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring the right to construct, and in constructing a railway, with all the proper appendages, and, if deemed necessary, a line of telegraph between the termini specified in said resolution, and for the purpose aforesaid shall have the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess all the necessary real and personal property and franchises. They shall also have power to receive donations of land, money, bonds, and other personal property, and to dispose of the same in aid of said fund. The said trustees shall have the right to bring, maintain, and defend all actions, and to sue and be sued, plead and be impleaded, touching the said trust and trust property in their own names as such trustees, in any of the courts of this state or elsewhere; they shall elect a treasurer, whose duty it shall be to draw from the treasurer of the county all of said trust funds upon the order of said trustees, and the said treasurer shall give bond in such sum as said trustees shall designate, which bond shall be signed by at least three sureties, and shall be approved by at least four-fifths of said trustees. SEC. 4. The said trustees shall form a board, and shall choose one of their number president, who shall also be the acting trustee, with such powers as the board may, by resolution, from time to time confer upon him. A majority of said trustees shall constitute a quorum, and shall hold regular meetings for the transaction of business, at their regular office in the township under whose action they are appointed, but they may adjourn, from time to time, to meet at any place they may think proper. They shall keep a record of their proceedings, and cause to be kept a full and accurate account of their disbursements, and make a report of the same to the township clerk, whenever requested to do so by a resolution of the township trustees. No money shall be drawn from said fund but upon the order of said board, except their own compensation, which shall be paid out of the same upon the recommendation of the township trustees, by resolution duly adopted and allowed by the court appointing them. SEC. 5. Said trustees shall have power to take such security from any officer, agent, or contractor chosen, or appointed, or employed by them as they shall deem advisable. They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be responsible only for their own acts. SEC. 6. Whenever the township trustees, or any one of them, of any township under whose action a board of trustees has been appointed, as herein provided, shall have reason to believe that any one or more of said trustees has failed, in the faithful performance of his trust, it shall be the duty of such township trustees to apply to the then judge of the court of common pleas, by petition, alleging such misconduct, and praying that he or they be removed, and that such vacancy be ordered to be filled in the manner hereinbefore provided for, and if the said township trustees shall fail, upon the written request of not less than five resident tax-payers, or upon the request of any of the householders of said township, then, and in that case, such tax-payers or bondholders may file such petition, for like relief, in the court of common pleas of said county; and if the court, upon hearing such petition, shall adjudge in favor of such plaintiff, it shall remove such trustee or trustees, and any vacancy from this or any cause, resignation, death, or removal shall be filled in the manner heretofore provided for. SEC. 7. Whenever, in the construction of a line of railway, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to appropriate any rights or franchises, proceedings shall be commenced and conducted in accordance with the laws in force at the time for the appropriation of such private property for the use of corporations, except that the oath and verdict of the jury and judgment of the court shall be so varied as to suit the case. SFC. 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a railroad already partially constructed, or right of way acquired therefor, which can be adopted as parts of the line provided for in said resolution, the trustees of said line may purchase or lease the said railroad, or right of way, and pay for the same out of the trust fund. SEC. 9. Whenever, in the construction of a line of railway, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other public way, space, or ground, or any part thereof of any incorporated village in said township, proceedings shall be commenced and conducted in accordance with the laws in force at the time for the appropriation of such rights or easements by street railway corporations, except that the oath and verdict of the jury and the judgment of the court shall be so varied as to suit the case. SEC. 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person or persons, or company, as will conform to the conditions and terms which shall be fixed and provided by the trustees of the township by which the line of railway is owned. SFC. 11. That the trustees of any township described in this act may, after trustees have been appointed as provided in this act, advance to said trustees, out of any funds of said township, such sum as is necessary, not exceeding five hundred dollars, for carrying the object for which they were appointed into effect; and said sum shall be repaid out of the trust fund provided for in this act, when raised. name of the trustees of SEC. 12. Deeds and contracts may be made, and proceedings for appropriations and actions may be commenced, either in the name of such township providing the line of railway, or in the railway (filling the blank with the name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas, or probate court, as in cases of appropriation for the use of municipal corporations. its SEC. 13. This act shall take effect and be in force from and after passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tem. of the Senate. Passed April 19, 1881. |