the same, or with the intent to defraud the company, owner, lessee or managers which had issued the same, or shall knowingly, with such fraudulent intent, have in his or her possession, or shall offer for sale, or shall offer in payment of fare on such railroad, such ticket, check, order, coupon, or pass, knowing the same to have been restored in whole or in part, or to have been canceled, with intent to defraud as aforesaid, or shall knowingly sell, offer for sale or use any ticket, coupon, receipt or pass which should have been canceled, or any conductor of any railroad company who shall purposely fail to cancel any ticket, receipt, pass or coupon, which he has or should take up or cancel, or any person who shall in any manner trade, traffic, deal in or use any ticket, coupon, pass or receipt, which should have been taken up or canceled, such person or conductor so offending, shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars, or imprisoned in the jail of the county not exceeding six months, or both, at the discretion of the court. SEC. 3. This act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 24, 1873. President of the Senate. AN ACT Supplementary to "An act to provide for the classification and election of Trustees of Institutions of Learning," passed April 29, 1872, (O. L., vol. 69, page 180,) "and also supplementary to an act to provide for the perpetuation of Boards of Trustees and the appointment of visitors of Universities and Colleges," passed May 13, 1868, (O. L., vol. 65, page 138.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in case the term of office of any trustee, or class of trustees, elected according to the provisions of either of the above recited acts, would otherwise expire during any meeting of the board of trustees, such term shall continue until the final adjournment of such meeting, and if his or their successor or successors have not been previously appointed, until such successor or successors shall be appointed: Provided, that no meeting of such board shall continue for a longer period than two weeks after the expiration of the term of office of such trustees. SEC. 2. This act shall take effect on its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Relative to term of office of trustees. Passed April 24, 1873. President of the Senate. Penalty for neglecting to furnish re port. Annual report of busi ness to be made by telegraph companies. Penalty for neglect. AN ACT To amend sections ten and eleven of an act entitled an act to provide for the appointment of a Commissioner of Railroads and Telegraphs, and prescribe his duties, passed April 5, 1867, as amended May 13, 1868. (S. & S., page 76). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections ten and eleven of the above recited act be so amended as to read as follows: Section 10. Every president or other officer in charge of any railroad now doing business, or in the course of construction in this state, or of any company organized in this State as provided by section seven of the act entitled "An act regulating railroad companies," passed February 11, 1848, who shall neglect or refuse to make and furnish such report at the time prescribed in section nine of this act, as amended May 13, 1868, or as required by the commissioner, shall forfeit and pay a sum not exceeding one thousand dollars, to be recovered in the name and for the use of the state of Ohio; and he shall be subject to a like penalty for every period of thirty days after the time he shall neglect or refuse to make such report. Section 11. It shall be the duty of the president or chief officer of any telegraph line or company doing business in this state, or in process of construction, to make an annual report of its business to the commissioner of railroads and telegraphs, in such form as such commissioner may direct, for the year ending on the 30th day of June preceding, which report shall be verified by the oath or affirmation of such president or officer in charge, and shall be filed in the office of the commissioner by the first day of September in each year. For a refusal or neglect by such officer to make and furnish such report, at the time prescribed in this act, the company he represents shall forfeit and pay a sum not exceeding five hundred dollars, to be recovered in the name and for the use of the state of Ohio, and said company shall be subject to a like penalty for every period of thirty days after the time its chief officer shall neglect or refuse to make and file such report. SEC. 2. That the original sections ten and eleven of the above recited act, passed April 5, 1867, is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 25, 1873. AN ACT To amend an act entitled an act to amend an act entitled "An act to provide for the organization and government of Municipal Corporations," passed February 14, 1873. (O. L., vol. 70, page 24.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 507 of the act entitled "An act to provide for the organization and government of municipal corporations," as amended February 14th, 1873, be and the same is hereby amended so as to read as follows: Section 507. Each city and incorporated village shall have power to appropriate, enter upon and hold real estate within its corporate limits for the following purposes, but no more shall be taken or appropriated than is reasonably necessary for the purpose to which it is to be applied: 1. For opening, widening, straightening and extending streets, alleys and avenues; also for obtaining gravel or other proper material for the improvement of the same, and for this purpose the right to appropriate shall not be limited to lands lying within the limits of the corporation. 2. For market space. 3. For buildings and structures required for the use of gine houses 8. For houses of refuge and correction. 9. For public hospitals. and halls. Prisons, &c. 10. For public parks; and for this purpose the right to Parks. appropriate shall not be limited to lands lying within the limits of the corporation. 11. For gas works. Gas and 12. For water works; and for this purpose the right to water works. appropriate shall not be limited to lands lying within the limits of the corporation. 13. For school-house sites and grounds, the same having School been recommended and the site selected by the board of edu- houses and cation; or for university site and grounds, the same having universities. been recommended and the site selected by the board of directors of any university whose property is exclusively owned and whose directors are appointed by said municipal corporations. 14. For public cemeteries; and for this purpose the right Cemeteries. to appropriate shall not be limited to lands lying within the corporation. But no land shall be appropriated under this provision until the court shall be satisfied that suitable premises cannot be obtained by contract upon reasonable terms; and no lands shall be appropriated upon which there may be any dwelling-house, barn, stable, or other farm building, or upon which there shall be any orchard or nursery, or any valuable mineral or other medical spring, or any well actu Wharves, levees, &c Bridges, canals, & c. Sewers, &c. ally yielding oil or salt water; nor shall any land be appropriated within two hundred yards of any dwelling-house. 15. For public wharves and landings on navigable waters. 16. For levees to protect against floods; and for this purpose the corporation shall have power to appropriate, enter upon and take private property lying outside of the corporate limits, and may extend and strengthen its levees and embankments along any river or stream adjacent to the limits of the corporation, and may widen the channel of such river or stream. 17. For necessary bridges. 18. For constructing, opening, excavating, improving, deepening, enlarging, straightening and extending any canal, ship canal or water course, located in whole or in part within the limits of the corporation, which is not owned in whole or in part by the state, or by any company or individual authorized by law to make such improvement. 19. For sewers, drains and ditches; and for this purpose the corporation shall have power to appropriate, enter upon and take private property lying outside of the corporate limits. 20. For public water closets and privies. SEC. 2. That said original section five hundred and seven of said original act, passed May 7, 1869, as amended by act of April 18, 1870, as amended by act of February 14, 1873, be and the same is hereby repealed. SEC. 3. This act shall be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 25, 1873. Borrowing money for repairs. & c. AN ACT To amend an act entitled an act for the relief of Hydraulic Companies, passed April 28th, 1868. (S. & S., page 174.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any hydraulic company incorporated under the laws of this state may, for the purpose of repairing, completing or extending its works, borrow money to an amount not exceeding one-half of its capital stock actually paid in, and may secure the payment of the money so borrowed by the issue of bonds or notes, bearing interest not to exceed the rate authorized by law, and secured by mortgage or mortgages on its real estate or any part thereof: Provided, that said bonds or notes shall not be issued by said hydraulic company without first obtaining the assent in writing of a majority of the stock in said company. SEC. 2. That the act to which this is amendatory be and the same is hereby repealed. SEC. 3. This act to take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. President pro tem. of the Senate. Passed April 25, 1873. AN ACT To amend section thirteen of an act entitled "An act to provide for the creation and regulation of Incorporated Companies in the State of Ohio," passed May 1, 1852. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section thirteen of the above mentioned act be amended so as to read as follows: Section 13. Such corporation or any corporation operating a railroad in whole or in part in this state, may demand and receive for the transportation of passengers on said road, not exceeding three cents per mile for a distance of more than eight miles, and for the transportation of property, not exceeding five cents per ton per mile, when the same is transported a distance of thirty miles or more; and in case the same is transported a less distance than ten miles, such reasonable rate as may be from time to time fixed by said company or prescribed by law; and every such corporation, company, person or persons who shall violate, or permit to be violated, the provisions of this act, or any other corporation, company, person or persons who shall demand or receive a greater sum of money for the transportation of passengers or property on or over their railroad than the sum allowed by law, shall forfeit and pay to the party aggrieved a sum equal to double the amount of the overcharge, but in no case shall the amount of the forfeiture be less than twenty-five dollars. SEC. 2. That said section thirteen is hereby repealed, and this act shall be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 25, 1873. President pro tem. of the Senate. Limit of prices for transportation of passengers and freight. Penalty for violation. 11-LAWS. |