shall be filed in like manner. If the corporation clerk shall fail to make application in either of the foregoing cases, after the 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. SEC. 7. Whenever in the construction of a line of rail- Appropri way, as herein provided, it shall be necessary to appropriate ating lande. lands for the foundation of abutments, or pier of any bridge across any stream, or for any other purpose, or to appropriate any right 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. 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 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. 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 pub. lic 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 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 council of the incorporated village by which the line of railway is owned. SEC. 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 such village, such sum as is necessary, not exceeding two 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. Part of other road between termini. Occupation of public property. Leasing road. Advancing money to trustees. Making deeds, contracts, etc. SEC. 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. SEC. 13. This act shall take effect and be in force from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. Passed May 9, 1879. President of the Senate. County commissioners to constitute a board of turnpike directors. [Senate Bill No. 225.] AN ACT To amend section one of an act entitled "an act to amend sections one and four of an act entitled 'an act to provide for the repair of free turnpike roads in certain counties, and to authorize the county commissioners of any county in this state to constitute a board of direc tors to regulate the hauling of heavy burdens on any free turnpike or improved road,'" passed and took effect April 20, 1874; passed March 17, 1875, (O. L, vol. 72, page 59); passed April 3, 1876 (0. L., vol. 73, page 151); passed May 2, 1877 (O. L., vol. 74, page 153). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the above recited act be amended so as to read as follows: Section 1. That by virtue of their office the commissioners of any county having a population of more than fifteen thou sand six hundred, and less than twenty thousand seven hundred; also counties having a population of more than twenty thousand seven hundred and forty-nine, and less than twentyone thousand seven hundred and fifty; also counties having a population of twenty-one thousand seven hundred and fifty-five, and less than twenty-one thousand eight hundred; also, counties having a population of more than twenty-one thousand nine hundred and fourteen, and less than twentyeight thousand; also,counties having a population of more than twenty-nine thousand one hundred, and less than thirty-two thousand; also counties having a population of more than thirty-two thousand one hundred, and less than thirty-two thousand seven hundred; also, counties having a population of more than thirty-nine thousand nine hundred, and less than forty thousand six hundred, at the last federal census, are hereby constituted a board of turnpike directors, under whose management and control all free turnpikes in such counties shall be exclusively vested. That it shall be the rectors. Holding meetings. Notices to be published. duty of such directors, at their first meeting of such board, Duty of dito divide the county into three districts, as near equal in number of miles of turnpike and conveniently located as may be practicable; and each director shall have the personal supervision of one of such districts, subject to all rules and regulations that may be, from time to time, agreed upon by said board; it shall be their duty to hold a meeting as such board, at such time within sixty days after the passage of this act, as they may determine, and at least once in three months thereafter, at their office at the county seat of the county, and shall be governed in all transactions of bus. iness by the rules governing county commissioners. They Powers of shall have power to appoint suitable persons to superintend trustees. the work of repairs on the several turnpikes, and the auditor of the county shall serve as clerk of such board, who shall record the proceedings of such board in a book to be provided for such purpose by the county commissioners, which shall be open for examination to all persons interested. They shall cause notice to be published in at least one newspaper in the county, of such rules as may be adopted for the regulation of labor and travel on said turnpikes, notice of the regular meetings of said board, and on or before the second Tuesday of April in each year, a statement of receipts and expenditures in detail for the year. They shall have power to contract for labor and material, either at public sale or private contract, as may best subserve the interest of the different roads, and shall certify to the county auditor, on or before the first Monday in June in each year, the amount of money necessary for the purpose of keeping such turnpikes in good repair: provided, that when, in the opinion of said board, the interest of any of said turnpikes require, they are hereby authorized to enter upon any lands in said county and take gravel, or other material necessary for the repair of said turnpikes, and shall give a certificate to the owner or owners of such material so taken, which shall state the value thereof, together with the amount of damages to said lands by reason of the removal of said material; and the county auditor, upon the presentation of said certificate, shall issue an order on the county treasurer for the amount so certified, who shall pay the same out of the turnpike fund: provided, further, that in case said owner or owners are not satisfied with the value so certified by said board, shall have the right to appeal to the probate court of said county, subject to all the provisions of the statutes now in force relating to the condemnation of material for road purposes provided, further, that a notice of such appeal shall be filed with the probate judge of said county within ten days after the delivery of said certificate. Additional powers. Provisions. SEC. 2. That section one of the act above referred to, be and is hereby repealed. SEC. 3. This act shall take effect and be in force from and its passage. JAMES E. NEAL, Speaker of the House of Representatives. Passed May 9, 1879. President of the Senate. Subdividing fifth common pleas district. Judges. Election of judge in third subdivision. (Senate Bill No. 295.] AN ACT Subdividing the fifth common pleas district, and providing for an additional judge in the third subdivision therein. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the counties Clermont, Brown, and Adams shall be the first subdivision, the counties Highland, Ross, and Fayette, the second subdivision, and the counties Franklin, Pickaway, and Madison, the third subdivision of the fifth common pleas district, and together shall constitute said fifth district. SEC. 2. The judges now in office in said district shall be judges thereof, and their successors shall be elected in the subdivisions in which such judges respectively reside. SEC. 3. On the second Tuesday in October, A.D., 1879, there shall be elected in said third subdivision of said district, in like manner as other judges therein are elected, an additional judge of said district, and said additional judge shall have the same jurisdiction, powers, and authority as other judges have in said district. And on the day on which the state Jurisdiction, election is held in the year 1884, and every five years thereafter, there shall be elected in said third subdivision a successor to said additional judge, who shall have like jurisdiction, powers, and authority as have other judges in said dis powers, and authority of said judge. Filling va cancy. Repeal. trict. SEC. 4. If a vacancy occurs in the office of said additional judge, it shall be filled in the manner provided for filling other vacancies in the office of judge of the common pleas court. SEC. 5. That the act entitled "an act to create subdivision number four in the fifth judicial district of the court of common pleas, and authorize the election of judge therein," passed March 29, 1875 (O. L., vol. 73, p. 139), be and the same is hereby repealed; but the term of office of any judge elected under said act, and his official acts shall not be affected by the repeal of said act. SEC. 6. This act shall take effect and be in force from and To amend section ten of chapter six, division two, of an act entitled "an act to revise and consolidate the laws relating to civil procedure in courts of common pleas and superior courts, in district courts on ap peal, and also the laws relating to procedure in error, mandamus, and quo warranto," passed May 14, 1878. [Ohio Laws, vol. 75, pages 613 and 614.] SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That said section ten of the above entitled act be so amended as to read as follows: Serving summons against tion. a corpora road company. Section 10. A summons against a corporation may be served upon the president, mayor, chairman or president of the board of directors or trustees, or other chief officer; if its chief officer be not found in the county, upon its cashier, treasurer, secretary, clerk, or managing agent; if none of the aforesaid officers can be found, by a copy left at the office or usual place of business of such corporation, with the person having charge thereof; and if such corporation is a rail- Against railroad company, whether foreign or created under the laws of this state, and whether the charter thereof prescribes the manner and place, or either, of service or process thereon, the summons may be served upon any regular ticket or freight agent thereof, or if there is no such agent, then upon any regular conductor in any county in this state in which such railroad is located, or through which it passes; but if the defendant is an incorporated river transportation com- Against river pany, whether organized under the laws of this state or another state, the service of a summons may be upon the master, or other chief officer, of any of its steamboats, or other craft, or upon any of its authorized ticket or freight agents, at any port where it may transact business. [Civil Code, 66; S. & S., 542.] SEC. 2. This act shall take effect and be in force from and after its passage. Passed May 31, 1879. JAMES E. NEAL, Speaker of the House of Representatives. JABEZ W. FITCH, President of the Senate. transportation company. |