Borrowing money. Bonds. Interest. When paya ble. shall be such village, and the other not exceeding five miles therefrom, 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 such incorporated village, under the corporate seal thereof, bearing interest at a rate not to exceed six per centum per annum, payable semi-annually; 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 by the president of said board, and attested by the clerk of such incorporated village, 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 village, and a tax Tax levy. which it shall be the duty of the council thereof annually to levy (which tax shall not exceed seven mills on the dollar in any one year) to pay the interest and provide a sinking fund for the final redemption of said bonds: provided, that such village shall not in any one year levy taxes to a greater amount than twelve 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 sub mitted to a vote of the qualified electors of such incorporated village, at a special election to be ordered by the village council thereof, of which not less than twenty days' notice. shall be given in the papers published in such village; and, further provided, that two thirds 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 incorporated village, and be by him laid before the vil- Election relage council, which 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. turns. trustees. SEC. 2. If two-thirds of the votes cast at said election Petition. shall be in favor of providing the line of railway as specified in the first section, it shall be the duty of the corporation solicitor forthwith to file a petition in the court of common pleas in the county in which such village is situated, praying that the judge thereof will appoint five trustees, who Appointing shall be electors and freeholders of said village, 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 on the minutes or journal of the court. They shall enter into bond to the village 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 approved by the corporation solicitor, and deposited with the treasurer of the corporation for safe keeping. SEC. 3. The said trustees and their successors shall be the Trustees to give bond, Bond to be approved. Powers of trustees. Formation of a board. Meetings. Record. Drawing money. Additional powers of trustees. Responsibility. When trustee is un faithful. Vacancy. 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 ot 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 power as the board may, by resolu tion, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, and shall hold regu lar meetings for the transaction of business at their office in the village 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 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 said village 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 con. tractor, 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 corporation solicitor of any village under whose action a board of trustees has 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 trustees, by petition, praying that such trustee be removed, and another appointed in his place; and if the corporation solicitor shall fail to make application after request of any of the holders of the bonds issued by said trustees, or by a tax-payer of such village, such bond holder 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 va cancy 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, Appropriaas herein provided, it shall be necessary to appropriate land ting 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. 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 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 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. When part of other road is between termini. Occupation of public property. SEC. 10 On the final completion of any line of railway Leasing constructed under the provisions of this act, the board of road. trustees shall have power to leas 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 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 und provided for 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 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 appropriation for the use of municipal corporations. Advancing money to trustees. Making deeds and contracts, etc. 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. JABEZ W. FITCH, Passed June 17, 1879. President of the Senate. Exempting [House Bill No. 984.] AN ACT To exempt from taxation the "Benevolent Fund," of Indiana, yearly meeting of friends. SECTION 1 Be it enacted by the General Assembly of the State of Ohio, That any money or funds belonging to, or which may hereafter belong to Indiana yearly meeting of friends, which is set apart or invested, or which may hereafter be set apart or invested, said principle and the interest, or income derived therefrom, devoted to and used exclusively for the support of the poor of said yearly meeting; such money or fund, and the interest or income derived therefrom, shall not be deemed taxable under any law of this state; and the person or persons having the care and supervision of the same shall not be required to turn or list the same for taxation. SEC. 2. This act shall take effect and be in force from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. JABEZ W. FITCH, Passed June 20, 1879. President of the Senate. Appropriation for deaf and dumb at Cincinnati. [Senate Bill No. 218. ] AN ACT To make an appropriation towards teaching and support of children in schools for education of the deaf and dumb in Cincinnati. SECTION 1. Be it enacted by the General Assembly of the State of Ohio. That in consequence of the crowded condition of the institution for the education of the deaf and dumb, preventing the reception of many needing the advantages thereof, and the establishment by the board of education of the city of Cincinnati of schools for their education there, is hereby appropriated fourteen hundred dollars, to be paid upon the order and expended under the direction of said board towards payment of teachers and support of children for one year in schools for the education of the deaf and dumb heretofore established by it. SEC. 2. This act shall take effect and be in force from and To aid in the construction of embankments for a bridge over Laramie SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there is hereby appropriated out of any money in the treasury, applicable for that purpose, the sum of one thousand dollars, payable to the order of the commissioners of Shelby county, to assist in the construction of an embankment for a bridge across the Laramie reservoir, between sections Nos. 32 and 33, or between sections Nos. 31 and 32, McLean township. SEC. 2. This act shall take effect on its passage. JAMES E. NEAL, Speaker of the House of Representatives. Appropri ation for em bankment. Passed June 21, 1879. President of the Senate. [Senate Bill No. 372.] AN ACT Supplementary to "an act to provide for the protection of the canals of the state of Ohio, the regulation of the navigation thereof," passed March 28, 1840. (S. & C., 202.] is drawn off canals. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all cases where the water shall be partially When water drawn off from any part of either of the canals in consequence of a breach, or for the purpose of making repairs, or from any other cause, so as to prevent the passage of heavily laden boats thereon, every boat or other float, detained or prevented from proceeding on its voyage thereby, shall be so moored and placed as not to obstruct the passage of other boats or floats requiring less depth of water to enable then to navigate the canal; and if any boat or float, so detained or prevented from proceeding in consequence of the want of sufficient water, shall, either by design, or by accident or inadvertence, be so moored or placed as to prevent the passage of other boats, the master or other person having for the time being the care of the boat or float so moored or placed, on the application of the master of the boat or float whose |