The herald., 1895-02-25

same to the Board of Supervisors annu
ally, and whenever requested by reso-
luton of the Board of Supervisors. No
money shall be drawn from said fund but
upon the order of said toard, except their
own compensation, which shall be pald
out of the same upon the allowance OF the
court appointing them, aud shall be APP
portioned according to their respective
service.
Sec. 5. Said trustees shall have power
to take such security from any oihcer,
agent or cnotractor, chosen, appointed or
employed by them, as they SHAH 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 Tor their
own acts.
Sec 6. Whenever the Board of Super
visors of any county shall have reason. to
believe that anyone of said trustees has
failed in the faithful performance OF ms
trust, it shall be their duty to instruct the
District Attorney to apply to the court
that appointed said trustee by petition,
praying that such trustee be removed, an
other appointed in his place; and when
vacancy shall occur in said board from
any other cause, it shall be filed in ike
manner. If the said District Attorney
shall fail to make application in either OF
the foregoing cases, after request by any
holder Of the bonds issued by said trus-
tees, or by taxpayer of the corporation,
such bondholder or taxpayer may hle a
petition in his own name on behalf OF the
holders of such bonds, for like relief, in
and court having jurisdiction; and II the
court hearing the action shall adludge IN
favor of the plaintiff, he snail be allowed
as part of his costs reasonable compen-
sation for his attorneys.
Sec. Z. Whenever in the construction OF
zr
shall be necessary to appropriate land Tor
the foundation of the abutments or piers
of any bridge across any stream within
this state or for any other purpose, or to
, appropriate any rights or franchise, pro-
ceedings shall be commenced and con-
Quoted in accordance with the provisions
of this Title VII Part Ill OF the Code OF
Civil Procedure of this state.
Sec. 8. Whenever there shall be be-
tween the termini designated in any reso-
| luton passed under this act, railroad
already partially constructed. or right OF
way acquired therefor, which can be
adopted as part of the line provided foI
| in said resolution, the trustees for said
| line may purchase the said railroad and
rights of way and pay for the same out OF
| the trust fund.
Sec. 9. The said trustees shall have
| power, as fast as portions of the line for
| which they are trustees are completed, to
rent or lease the right to use and operate
such portions, upon such terms as they
may deem best; but such rights shall cease
and determine on the final completion OF
the whole line, when the right to use and
operate the same shall be leased by them
to such person or company as will conform
| to the terms and conditions as shall be
| fixed and provided by the Board of Super,
visors of the county by which the line OF
railway is owned.
Sec. 10. The Board of Supervisors OF
any county passing a resolution as pro-
vided in the first section of this act may
! appropriate and pay to the said trustees,
out of the general fund of said county,
such sum as may be necessary for defray-
| ing the expenses of the election, and sa id
I sum shall be repaid out of said trust fund
| when raised.
Sec H. This act shall take effect on its
| passage.