[Senate Bill No. 412.] AN ACT To authorize certain incorporated villages to build railroads, and to lease or operate the same. [BLOOMINGBURGH.] SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whenever, in any incorporated village, which by the federal census of 1870 had, and which by any federal census may have, a population of three hundred and twelve, the village council thereof shall, by a resolution passed by a two-thirds vote of the members elected thereto, declare it to be essential to the interest of such village, that a line of railway, to be named in said resolution, should be provided between termini designated therein, said village to be in the line thereof, it shall be lawful for the village council of such village to borrow as a fund for that purpose, not to exceed five thousand dollars, and to issue bonds therefor, bearing interest not to exceed six per centum per annum, payable semi-annually, in such sums as shall be deemed best by said council; such bonds to be issued in the name of such village, under the corporate seal thereof, and payable in equal installments in one, two, three, and four years from their date; said bonds shall be signed by the mayor, and attested by the clerk of said village; and the said clerk shall keep a register of the same, and the faith of the village shall be pledged for the redemption of said bonds; and it shall be the duty of the council of such village, annually, to levy sufficient tax to pay the interest on and provide a sinking fund for the final redemption of said bonds; and said bonds shall not be sold or disposed of for less than their par value; 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 the qualified electors of such village, at a special election to be ordered by a resolution passed by a twothirds vote of all the members of such village council, of which not less than twenty days' notice shall be given by posting up notices at not less than five of the most public places in such village, and by publishing a notice for three successive weeks in a newspaper published and of general circulation in such village; and further provided, that two-thirds of said electors voting at such election shall be in favor of thus building such line of railway. The returns of such election shall be made and duly certified by the corporation clerk to the council, who shall declare the result of the same by resolution. SEC. 2. The said village council shall have the control and disbursement of said funds, and shall expend the same in procùring right of way, depot grounds, and constructing said railway, with all necessary appendages; and for that purpose shall have power and capacity to make contracts, and to appoint and employ, and pay, officers and agents, and to acquire, hold, and possess all the necessary real and personal property and franchise for that purpose. SEC. 3. The said village council shall keep a full record of their proceedings, and they shall also cause to be kept a full and accurate account of their receipts and expenditures in the construction of said line of railway. SEC. 4. Said council shall have power to acquire and take such security from any officer, agent, or contractor chosen, appointed, or employed by them, as they may deem advisable. The members of said council shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. SEC. 5. Whenever, in the construction of said line of railway as herein provided, it shall be necessary to appropriate any land for right of way, depot purposes, rights, or franchises, proceedings shall be commenced and conducted in all respects in accordance with the act entitled "an act to provide for compensation to the owners of private property appropriated to the use of corporations," and the acts amendatory thereto. SEC. 6. Said council, when said piece of railroad is completed, shall have power to sell, lease, or operate the same upon such terms and conditions as they may deem best for the interests of said village. SEC. 7. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. Passed April 19, 1881. [Senate Bill No. 308.] AN ACT To authorize the issue of bonds to supply certain deficiencies in cities of the first grade of the first class, and for other purposes. Cincinnati may issue bends to supply defi ciencies. SECTION 1. Be it enacted by the General Assembly of the State of Board of pubOhio, That the board of public works in cities of the first grade lic works in of the first class, may authorize its president and the comptroller to execute, sign, and issue an amount of the bonds of said corporation as may be necessary to supply deficiencies existing in the several funds of such city January 1, 1881. Said bonds to be made payable in twenty years from their issue, redeemable in ten years, at the option of the trustees of the sinking fund of said city, and to bear not less than four, nor more than four and one-half per centum per annum interest, interest payable semi-annually, to be sold at not less than par, after advertising the sale thereof for ten successive days in at least two newspapers of general circulation in the corporation: provided, however, that the amount of bonds herein authorized to be issued shall not exceed the sum of five hundred thousand dollars. Comptroller to place proceeds of sale of said bonds to credit of SEC. 2. The comptroller of said city shall place the proceeds of the sale of said bonds in the treasury thereof, to the credit of the several funds in the amount of the respective deficiencies, and draw his warrant against the same in payment of outstanding several funds, claims, including unpaid judgments, equitably due therefrom; pro vided, however, that before any warrant shall be drawn, or any of said claims paid as hereinbefore provided, they shall be approved by the city solicitor, chairman of the finance committee of the common council, and comptroller of said city; provided, further, that no claim shall be presented, or allowed, except such as were subsisting claims January 1, 1881. Trustees of sinking fund to provide for payment of such bonds. Said trustees to pay out of earnings of southern railroad certain claims. SEC. 3. Said trustees of the sinking fund shall provide for the payment of the principal and interest of said bonds as the same shall become due, in the same manner that they are required by law to provide for other bonded indebtedness of said city. SEC. 4. Said trustees of the sinking fund may at their discretion pay out of the net earnings of the Southern railroad of said city, placed to the credit of the interest account as provided by law during the year 1881, any claim existing against said city January 1, 1881, for temporary loans not otherwise provided for on the approval of the city solicitor; provided, said loans with all claims for interest do not exceed the sum of three hundred and seventy thousand dollars. SEC. 5. The rate of the annual tax authorized to be levied by said city shall not be increased by anything in this act contained. SEC. 6. This act shall shall take effect and be in force on and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, Passed April 18, 1881. [Senate Bill No. 400.] AN ACT To amend section 2903 of the revised statutes of Ohio, SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section twenty nine hundred and three of the revised statutes of Ohio be amended to read as follows: Section 2903. The auditor of state shall, annually, enter in the said book, all the lands, which shall hereafter become forfeited to the state for the non-payment of taxes; and the several county auditors, once in two years, between the first Monday of September and the first day of October, shall make out a list of all forfeited lands and lots, and forward the same to the auditor of state, who shall, after comparing the same with the record of forfeited lands in his office, and correcting any errors or omissions in said list. forfeited return the said list to the several county auditors, who shall pro- The sale of SEC. 2. That said original section twenty-nine hundred and three be and the same is hereby repealed. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section sixty-nine hundred and sixty-four of the revised statutes be amended as follows: Section 6964. Whoever purchases, sells, exposes for sale, or has in his possession any of the birds, game, or animals mentioned in sections sixty-nine hundred and sixty, sixty-nine hundred and sixty-one, and sixty-nine hundred and sixty-three, caught or killed during the time when the killing thereof is made penal, shall be fined not exceeding twenty-five dollars nor less than two dollars, or be imprisoned not more than thirty days, or both. SEC. 2. Said original section sixty-nine hundred and sixty-four is hereby repealed, and this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. Exposing for Passed April 19, 1881. [Senate Bill No. 265.] AN ACT To provide for the examination and payment of certain military claims, and making an appropriation therefor. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the auditor of state and attorney-general, with the Page 197 Sec. 6964. Amended 79 O.L.71. Auditor of state and at- Committee to have power to take testi mony. Appropria- adjutant, shall constitute a committee for the purpose of examining, adjusting, and allowing such claims as shall be presented to them previous to July 1, 1881, and which shall, in the opinion of said committee be just and proper, growing out of military transactions, and are of the same nature as were provided for by act of the general assembly of the state of Ohio, passed April 6, 1866, and acts amendatory thereof and supplementary thereto, and which have not been adjusted by the board of commissioners therein constituted. SEC. 2. The said committee shall have the same power to take testimony, and shall be governed in their deliberations as provided for by the act referred to in the previous section, and payment of the claims allowed by the said committee shall be made by the officers of the state of Ohio, the claims of the longest standing to be settled and paid first to the claimants themselves, and not to claim agents. SEC. 3. There is hereby appropriated out of any money in the treasury to the credit of the general revenue, and not otherwise appropriated, the sum of three thousand dollars for the payment of the claims that may be allowed and certified by the committee appointed by this act. SEC. 4. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. President pro tem. of the Senate. Passed April 19, 1881. Mixing olea- horse, hog, or 198,$7090a See 82 v. 159. [House Bill No. 474.] AN ACT Supplementary to section 7090 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the following section be enacted as supplementary to chapter eleven (11), title one (1), part four (4) of the revised statutes of Ohio, with sectional numbering as follows: Section 7090a. Whoever shall mix or compound in any form any portion of the oleaginous part of the horse, hog, or dog, in any substance called butter, and shall sell or offer for sale such compound, as butter, shall be deemed guilty of a misdemeanor, and, on proof of same, shall be fined not less than fifty nor more than five hundred dollars, and be confined in the county jail not less than thirty nor more than one hundred days, or both, at the discretion of the court. SEC. 2. This act shall be in force on its passage. Passed April 26, 1881. |