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May 3, 1852, be and the same are hereby extended to the cities mentioned in the first section of this act.

SEC. 6. This act shall be in force from and after its pass

age.

JOHN F. FOLLETT,

Speaker of the House of Representatives.
J. C. LEE,

Passed April 21, 1868.

President of the Senate.

When county commission

ers may appropriate land for

court house or jail.

AN ACT

To authorize county commissioners to condemn lands upon which to erect a court house and jail.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be lawful for the county commissioners of any county in this state, in every case where it may be necessary to procure a court house site or land upon which to erect a court house, or court house and jail for such county, and the said county commissioners and the owner thereof shall be unable, from any cause to agree upon the sale and the purchase thereof, to make out an accurate survey and description of the parcel of land which the said county commissioners may desire to appropriate for such building purposes, and file the same with the probate judge of the proper county, and thereupon the same proceedings of appropriation shall be had which are provided for by the act entitled "an act to provide for compensation to owners of private property appropriated to the use of corporations," passed April 30, 1852, and the various acts amendatory and supplementary thereto.

SEC. 2. This act to take effect and be in force from and after its passage.

JOHN F. FOLLETT,

Speaker of the House of Representatives.
J. C. LEE,

Passed April 22, 1868.

President of the Senate.

AN ACT

To authorize and require the board of public works to construct a berme bank and culvert below lock 28, on the Miami and Erie canal.

WHEREAS, By the construction of the Miami and Erie canal, a poud covering from forty-five to fifty acres of valuable farming lands, was created at the foot of lock 28, north of Loramie summit, on said canal, injurious to the health, con

venience and welfare of the inhabitants of Ottoville and vicinity; therefore,

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the board of public works be and are hereby authorized and required to build and construct such a berme bank and culvert below lock 28, on said Miami and Erie canal, as the resident engineer may suggest, and will be necessary to drain the above mentioned pond, at a cost not exceeding two thousand dollars.

SEC. 2. This act shall take effect from and after its passage.
JOHN F. FOLLETT,
Speaker of the House of Representatives.
J. C. LEE,

Board of public works to build

berme bank and culverts.

Passed April 22d, 1868.

President of the Senate.

· AN ACT

Supplementary to an act entitled an act to provide for locating, establishing and constructing ditches, drains and water-courses, passed March 27th, 1861, as amended March 20, 1867.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the county commissioners of any county in this state shall have power at any regular or called session, whenever in their opinion it is necessary and will be conducive to the health, convenience or welfare of the public, in case where any ditch, drain or water-course has been established and constructed under the provisions of the act to which this is supplementary, to cause the same to be cleaned out, widened or deepened, as hereinafter provided.

SEC. 2. Whenever one or more persons owning land adjacent to any such ditch, drain or water-course referred to in section one, shall file a petition setting forth the necessity of such widening, deepening or cleaning out the same, or any part thereof, with the county auditor, and shall file a bond with sureties to the acceptance of said auditor, conditioned to pay all the costs and expenses incurred, in case the commissioners shall refuse to grant the prayer of the petitioners, the county commissioners shall have the same power to cause said ditch, drain or water-course to be cleaned out, deepened or widened, as they have to order any such ditch, drain or water-course to be located and constructed, and the same proceedings shall be required in both cases, except that the commissioners, if they deem it proper, may dispense with the services of an engineer, and that a notice of the day for hearing the petition, and the substance of the prayer of the petition, published in some newspaper of general circulation in the county for two consecutive weeks prior to the hearing of said petition, shall be deemed a sufficient notice to non-residents, and a notice in writing to resident owners of land, six days prior to the time for hearing such petitions shall be deemed a sufficient notice, and

When ditch

es, &c., may be widened,

deepened, or

cleaned out.

Petition.

Powers and duties of county com

missioners.

the costs and expenses shall be assessed and collected in accordance with said original act to which this is supplementary.

SEC. 3. This act shall take effect from and after its pass

age.

JOHN F. FOLLETT,

Speaker of the House of Representatives.

T. J. GODFREY,

President pro tem. of the Senate.

Passed April 25, 1868.

Who may become a body

corporate.

Kind of buildings specified.

Company

may acquire and hold cer

tain property

AN ACT

To amend section one of an act entitled "an act to enable associations of persons for building hotels and for other purposes to become bodies corporate, passed April 5th, 1866," as amended by an act passed April 16, 1867.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the act entitled “an act to enable associations of persons for building hotels and for other purposes to beccme bodies corporate," passed April 5, 1866, as amended by an act entitled "an act to amend section one of an act entitled an act to enable associations of persons for building hotels and for other purposes to become bodies corporate,' passed April 16th, 1867," be so amended as to read as follows:

Section 1. That any number of persons not less than three, may associate themselves and become a corporation as provided in the sixty-third, sixty-fourth and sixty-fifth sections of the act entitled "an act to provide for the creation and regulation of incorporated companies in the state of Ohio," passed May 1, 1852, for the purpose of constructing and maintaining buildings to be used for hotels, store rooms, manufacturing establishments, tenement houses, or water cure establishments for the treatment of invalids, and for places of general public resort; and such company shall be authorized and empowered to acquire, hold, use, and convey at pleasure all such real and personal property as may be necessary and convenient to carry into effect the object of the incorporation, and to construct, establish and maintain suitable buildings and other structures, grounds, walks, drives, and other necessary appendages for the purpose hereinbefore named, and to make all contracts, purchases, sales, conveyances, mortgages and leases necessary to conduct the said business, and to manage the property, and to dispose of the same, to the same extent as is lawful for individuals.

SEC. 2. That said section one as amended April 16, 1867, be and the same is hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage.

JOHN F. FOLLETT,

Speaker of the House of Representatives.
T. J. GODFREY,

President

pro tem. of the Senate.

Passed April 25, 1868.

AN ACT

To authorize the incorporation of oil transportation companies. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any number of persons not less than five, may associate themselves together, as is provided in the sixty-third, sixty-fourth and sixty-fifth sections of the act entitled "an act to provide for the creation and regulation of incorporated companies in the state of Ohio," passed May 1st, 1852, for the purpose of transporting oils through tubing and pipes; and when so organized shall be a body corporate, having all the privileges, immunities and powers which may be deemed necessary for carrying on said business of transporting oils through tubing and piping.

Number of persons required to become a body corporate.

Power to

take and hold real es

tate, &c.

thorized to enter upon lands, for purpose of surveying,

SEC. 2. Any company organized for the purposes aforesaid, shall have power to take by purchase or otherwise, and hold such real and personal estate, to erect or purchase the necessary buildings and machinery for carrying on said business, including also all the necessary equipments and appendages of said business, such as tubing, pumps, tanks, telegraph apparatus and engines, as may be necessary to transport oils through tubes and pipes. SEC. 3. Such company, when organized as aforesaid, is Company auauthorized to enter upon any land for the purpose of examining and surveying a line for its tubing and pipes for the transportation of oil, and may appropriate so much thereof as may be deemed necessary for the laying down of such tubing and piping, and for the erection of tanks and the location of stations along such line, and the erection of such buildings as may be necessary for the purpose aforesaid, but no appropriation of private property shall be had, as provided for in this act, until full compensation shall be made Compensain money, or first secured by deposit to the owner or owners tion for prop irrespective of any benefit from any improvements proposed erty taken. by such corporation as is now prescribed by law; provided, that such companies when so organized shall, for the purpose of transporting oils, be considered and held to be common

&c.

carriers, and subject to all the duties and liabilities of such carriers under the laws of this state.

SEC. 4. This act shall take effect from and after its pass

age.

JOHN F. FOLLETT,

Speaker of the House of Representatives.
T. J. GODFREY,

President pro tem. of the Senate.

Passed April 25, 1868.

Increase of capital stock.

Disposition

of shares held

AN ACT

Supplemental of an act entitled "an act to enable associations of persons for raising funds to be loaned among their members for building them homesteads and other purposes to become bodies corporate, passed February 21, 1867. (Ohio Laws, vol. 64, page 18.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whenever any savings, loan and building association, which may heretofore have been or that may hereafter be incorporated and organized under the provisions of an act or acts to which this is supplemental, for savings, loan and building purposes, shall, in the opinion of the directors thereof, require an increased amount of capital stock, they shall, if authorized by the holders of a majority of the stock, file with the secretary of state a certificate setting forth the amount of such desired increase, and thereafter to have such increased capital as is fixed by said certificate.

SEC. 2. Any share or shares of stock held in such savings, loan and building association, by or in the name of any minor, by guardians by a trustee of or guardian of any woman being or afterwards becoming a married woman, may at the discretion of the board of directors and with the consent of such woman or trustee or guardian, be paid to such woman or trustee or guardian, and the same shall be a valid payment.

or trustees.

SEC. 3. This act shall be in force from and after its passage.

JOHN F. FOLLETT,

Speaker of the House of Representatives.
T. J. GODFREY,

President pro tem. of the Senate.

Passed April 25, 1868.

General powers of board.

AN ACT.

Defining the duties and powers of the board of city improvements

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all cities of the first class having a population of over fifty thousand and less than one hundred thousand inhabitants, the board of city improvements shall have the supervision, care and control of the lighting, clean

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