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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 procuring 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 require 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 railroad as herein provided, it shall be necessary to appropriate any lands for right of way, depot purposes, rights, or franchises, proceedings shall be commenced and conducted, in all respects, cordance 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 interest 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.
R. G. RICHARDS,
President pro tem. of the Senate. Passed April - 1880.
[Senate Bill No. 202.]
To authorize certain townships to build railroads, and to lease or operate the
(VALLEY TOWNSHIP, GUERNSEY 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 eight hundred and thirty-four, the town
ship trustees thereof shall, by a resolution passed by a majority of the members elected thereto, declare it to be essential to the interests of such township that a line of railway, to be named in said resolution, should be provided between termini designated therein, in the said township, not exceeding 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 twenty 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-annually. Said bonds to be payable at such time 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 a mortgage on the line of railway and 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 three mills on the dollar in any one year), to pay interest and provide a sinking fund for the final redemption of said bonds: provided, that such township shall not in any one year levy taxes to a greater amount than seventeen mills on the dollar, including the levy for said bonds : and, provided, that no money shall be borrowed on 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 twenty days' notice shall be given by posting up notices at not less than five of the most public places in each of the villages in such township, and by publishing for three successive weeks such notice in a newspaper printed in the county wherein 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 eleetion 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 providing the line of railway, as specified in the first section, it shall be the duty of the township clerk, forthwith, to file a petition in the court of common pleas of the county in which such township is located, praying that the judge thereof will appoint 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 railway, as given in the resolution), and it shall be the duty of said judge to make the appointment, and enter the same upon the minutes or journal of the court. They shall enter into bond to the township in such sum as the court may direct, with one or more sufficient sureties to be approved by the court, conditioned for the faithful
discharge of their duties. The bond so taken shall be deposited with the township treasurer for safe keeping.
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.
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 resolutions, 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 so to do 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 of the latter has failed in the faithful performance of his trust, it shall be the duty of such township trustees to apply to the court that appointed said board of trustees, by petition, praying that one be removed and another be appointed in his place; and if the said township trustees shall fail to make applicaton after request of any of the holders of the bonds issued by said board of trustees, or by a tax-payer of such township, such Bondholder or tax-payer may file a petition in his own name, on behalf of the holders of such bonds, for like relief, in any court having jurisdiction; and if the court hearing the action, shall adjudge in favor of the plaintiff
, such court shall remove such trustee and appoint another in his stead; and when a vacancy shall occur in said
board from any other cause, it shall be filled upon like petition and in like manner.
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 varied to suit the case.
Sec. 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a railroad already partially constructed, or rights 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 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 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 terms and conditions which shall be fixed and provided by the trustees of the township by which the line of railway is owned.
Sec. 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 in this act when raised.
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 name of the trustees of
railway (filling the blank with the name given to the railway in the resolution), and said pro ceedings 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. Sec. 13. This act shall take effect and bé in force from and
THOS. A. COWGILL, Speaker of the House of Representatives,
R. G. RICHARDS, Passed January 13, 1881. President pro tem. of the Senate.
after its passage.
[Senate Bill No. 164.]
To amend section four thousand one hundred and fifteen of the revised
Mode of conveyance by state, of lands and records thereof.
Copy of record of lost deed to be evidence.
SECTION. 1. Be it enacted by the General Assembly of the State of Ohio, That section four thousand one hundred and fifteen of the revised statutes be amended so as to read as follows:
Section 4115. All conveyances of real estate, or any interest therein, sold on behalf of the state, in pursuance of law, shall be drafted by the auditor of state, executed in the name of the state, signed by the governor, countersigned by the secretary of state, and sealed with the great seal of the state; and the auditor shall thereupon record such conveyances, in books to be kept by him for that purpose, deliver them to the persons entitled thereto, and keep a record of such delivery, showing to whom delivered, and the date thereof. And when any title deed so recorded by said auditor, or which has been heretofore recorded in his office, or in the office of the secretary of state, the record of which is now by law required to be kept in the office of said auditor, has been lost or destroyed by accident, without having been recorded in the recorder's office of the proper county, the said auditor shall, on demand and tender of the proper fees therefor, furnish to any person a copy of such deed duly certified under his official seal, which said copy so certified and sealed shall be received in all courts and places in this state as prima facie evidence of the existence of such deed, and shall in all respects have the some force and effect as certified copies from the records of deeds recorded in the county where such lands are situate.
SEC. 2. The said section four thousand one hundred and fifteen be and the same is hereby repealed. Sec. 3. This act shall be in force from and after its passage.
THOS. A. COWGILL, Speaker of the House of Representatives.
R. G. RICHARDS,
President pro tem. of the Senate. Passed January 14, 1881.
[Senate Bill No. 201.]
To amend sections three thousand nine hundred and thirty-four and three
thousand nine hundred and forty-eight of the revised statutes of Ohio.
SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections three thousand nine hundred and thirty-four and three thousand nine hundred and forty-eight be so amended as to read as follows:
Section 3934. 1t shall be the duty of such boards to meet and