Trustee may be removed by court of common pleas; proceedings, etc. Lands may ated for line of railway; proceedings. their disbursements, and make a report of the same to the corporation clerk, whenever requested so to do by a resolution of the village council. 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 council of such village by resolution duly adopted and allowed by the court appointing them. SECTION 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. SECTION 6. Whenever the corporation solicitor of any village under whose action a board of trustees have been appointed, as herein provided, shall have reason to believe that any one of said trustees has failed in the faithful performance of his trust, it shall be his duty to apply to the court that appointed said trustee, by petition, praying that such trustee be removed, and another appointed in his place; and when a vacancy shall occur in said board from any other cause, it shall be filled in like manner. If the corporation solicitor shall fail to make application in either of the foregoing cases after request of any of the holders of the bonds issued by said trustees, or by a tax payer of such village, 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, he shall be allowed as part of his costs a reasonable compensation to his attorney. SECTION 7. Whenever in the construction of a line of be appropri- 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. Trustees may purchase or lease line of railway partially constructed. May occupy streets or alleys, etc. SECTION 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 part 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. SECTION 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 belonging to such incorporated village, 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. SECTION 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 council of the incorporated village by which the line of railway is owned. SECTION 11. That the village council of any incorporated village 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 village, 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. SECTION 12. Deeds and contracts may be made, and proceedings for appropriations and actions may be commenced, either in the name of such incorporated village 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 proceedings may be commenced and conducted, either in the court of common pleas or probate court, as in other cases of appropriations for the use of municipal corporations. SECTION 13. This act shall take effect and be in force from and after its passage. Passed April 16, 1878. JAMES E. NEAL, Speaker of the House of Representatives. [Senate Bill No. 90.] AN ACT To authorize the sale of railroads in certain cases. SECTION 1. Be it enacted by the General Asssembly of the State of Ohio, That any city of the first-class being the owner of a railroad which is situated wholly within the state, said railroad having been constructed under authority given by law, is hereby authorized to sell, and by proper deed or deeds of conveyance, convey to any person or corporation, said entire railroad and all the right, title, and interest of such city in and to said railroad, and all its appurtenances and franchises, upon such terms and conditions as the common council of such city may by ordinance or resolution duly passed or May lease road when constructed. Village coun cil may advance funds.. Deeds, contracts, etc., how made. class owning City of firsta railroad may sell and convey same. Purchaser authorized to same. Purchase adopted agree and consent to; said deed or deeds of conveyance to be executed by the proper officer of such city, or by the persons in whom may be vested the title to said railroad, or by the successors or survivors of such persons; which deed or deeds of conveyance, when executed and delivered as aforesaid, shall completely divest said city of all right, title, interest, claim, or demand in or to said railroad, or any part thereof, and vest the same absolutely, in the person or corporation purchasing the same; and the person or corporation purchasing said railroad is hereby authorized to take, hold, operate, and maintain, and to lease, mortgage, sell, or otherwise dispose of the same, or any part thereof, as may be done with other railroad property in the state of Ohio; provided such sale shall be made at public auction and to the highest bidder, after advertisement for not less than sixty days in at least two daily newspapers published in said city; and such sale shall not be made at a price less than fifty per centum of the amount paid by such city for the construction of said railroad. SECTION 2. That the purchase money received for such money to be railroad and property shall be applied in payment of the bonds of such city, chargeable to its general fund, and not otherwise. applied to pay bonds of city. SECTION 3. That all acts or parts of acts inconsistent herewith, or in any manner limiting or restricting such cities from selling such railroad and appurtenances, be and the same are hereby repealed. SECTION 4. This act shall take effect and be in force from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. Passed April 17, 1878. [House Bill No. 218.] AN ACT Providing for the payment of the cost of building levees to protect lands from overflow in certain cases. WHEREAS, the act of the general assembly of the state of Ohio, entitled "an act authorizing the building and repairing of levees to protect lands from overflow," passed April 30, 1869, and the act amendatory thereof, passed May 2, 1877, have been determined by the supreme court of Ohio, to be in contravention of section nineteen of the bill of rights in the constitution of this state, and that all assessments made for payment of work and labor done and expended under said acts in constructing such levees by parties to whom contracts have been awarded in accordance with the provisions thereof, are also void and unenforceable against the lands upon which the same were made; and WHEREAS, said levees so constructed were and are now well executed and lasting structures, and conducive to the health, convenience, and welfare of the citizens of the counties wherein situate, and to the public benefit and interest, which are now receiving the benefit thereof, while the builders thereof have never been paid therefor, and are unable to collect any remuneration for their labor performed and materials used in the construction thereof; now, therefore, SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the board of county commissioners of any county in this state having at the federal census of eighteen hundred and seventy a population of sixty-three thousand and nineteen and no more, and wherein there shall have been constructed heretofore a levee or levees along any stream or water-course, within said county, for the protection of lands from overflow, under the order of the probate judge of said county, granted and made under proceedings before him instituted for the purpose of procuring said order under the said acts of the general assembly of the state of Ohio, mentioned in the preamble of this act, and the cost and expense of the same or any part thereof remains now unpaid shall be authorized, and it is hereby made their duty forthwith upon the passage of this act to pay out of any funds in the County treasury of such county, accruing from any taxes levied for bridge, road, or general expense purposes thereof, any and all amounts now remaining due and unpaid for such levees so constructed, unto the party or parties who constructed the same or his or their assigns, said amounts to be determined by the probate judge of the county wherein said levees were constructed according to the prices at which for labor and materials, said constructions of said levees was undertaken by said party or parties, under the aforesaid order of said probate judge of said county; provided, however, that said levees shall have been fully completed to the satisfaction of said county commissioners. SECTION 2. This act shall take effect and be in force from and after its passage. Passed April 17, 1878. JAMES E. NEAL, Speaker of the House of Representatives. President pro tem. of the Senate. [Senate Bill No. 126.] AN ACT Supplementary to the acts passed February 24, 1876, and April 24, 1877; supplementary to the act relating to cities of the first class having a population exceeding one hundred and fifty thousand inhabitants, passed May 4, 1869 (O. L., vol. 66, page 80), and to repeal section nine and a portion of section four of said act. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be lawful for the board of trustees, ap loan author ized. Bonds-how signed, attested, and secured. Bonds not to be sold for Two million pointed under the acts to which this is supplementary, and they are hereby authorized to borrow, as a fund, for the completion of the line of railway for which they are trustees, a sum in addition to the amounts authorized by said acts, not to exceed two millions of dollars, and to issue bonds therefor in the name and under the corporate seal of the city owning the line of railway. Said bonds shall be signed and attested in the same manner as the bonds authorized by the acts to which this is supplementary, and shall be secured by the pledge of the faith of the city, and a tax which shall be annually levied by the council of said city, on the real and personal property therein returned on the grand levy, sufficient to pay the interest thereon and provide a sinking fund for their final redemption, and they may be made payable, both as to principal and interest, in coin or lawful money, at such times and places and in such sums as shall be deemed best by said board of trustees: provided, that none of the bonds authorized by this act shall be sold for less than par in less than par. lawful money, or bear a greater rate of interest than seven per cent. per annum: provided, further, that it shall be unlawful for said trustees to use the whole or any part of said bonds, or the proceeds thereof, upon any part of said railway, which may have been in use for the passage of freight and passenger trains, before the passage of this act, or in providing terminal facilities, yards, workshops, depots, or depot grounds therefor, until after provision shall have been fully made by said trustees, for the complete construction of that part of said railway which may remain uncompleted at the date of the passage of this act, so as to admit of the passage of trains of passenger and freight cars from one terminus to the other terminus of said railway, and until the fund shall have been set aside and appropriated for that purpose, so as not to be diverted to any other object whatever; provided, further, that whenever, and as soon as said railway shall have been so far completed as that passenger and freight cars may pass over its line from one terminus to the other terminus thereof, or to any other railroad of similar gauge in the vicinity of said terminus, and extending thereto, and over said railroad to said terminus, all net earnings and incomes therefrom shall be paid into the treasury of said city, to the credit of the interest fund. No part of proceeds of said loan to be used for terminal facilities, etc. Provided, that said trustees, with the approval of the trustees of the sinking fund of the city owning said line of railway, may expend a sum not exceeding fifty thousand dollars ($50,000), in the purchase of rights of way, and such other terminal facilities as may be deemed necessary by them to meet the requirements of business and travel on that part of said railway which may, before the passage of this act, have been in use for the passage of freight and passenger trains. Provided, further, that no bonds shall be issued or sold, until after the question of their issue shall have been sub |