Year: 1879

disbursement of the same. They shall
expend said fund in procuring the right
to construct and in constructing a rail
way, with all the proper appendages,
and, if deemed necessary, a line of
telee raph between the termini specified
in said resolution, and, for the purpose
aforesaid, shall have the power and ca
pacity to make contracts, appoint, en-
plOy, 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,
mOuey, bonds, and other personal prop
ertJ, and to dispose of the same in aid
of 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 resolution, from time
to time, confer upon him. A majority
of said trustees shall constitute a
quorum, ana shall hold regular meet
ings 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 pro-
per. They shall keep a record of their
proceedings, and cause to be kept a
full and accurate account Of their dis
bursements, and make report of the
same to the corporation clerk, whenever
requested so to do by resolution OF the
village council No money shall be
drawn from said fund but upon the
order OF said board, except their own
corporation,- 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 DOW
er to take security from any officer,
agent, or contractor chosen or appoint
ed or employed by them as they shall
deem advisable. They shall not be-
come surety for any such officer, agent,
or contractor, or be interested, directly
or indirectly, in any contract concern
ing said railway. They shall be re-
sponsible only for their own acts.


Sec. 6. Whenever the corporation
solicitor of any village under whose
action board Of trustees has been ap-
pointed, as herein provided, shall have
reason to believe that any one of said
trustees has failed in the faithful per-
formance of his trust, it shall be his
duty to apply to the court that appoint
ed said trustees, by petition, praying
that such trustee be removed, and an
other appointed in his place; and if the
corporation solicitor shall fail to make
application after request by any of the
holders of such bonds issued by said
trustees, or by taxpayer Of such vii
lage, such bond-holder or tax payer
may file petition in his own name, on
behalf of the holders of such bonds,
for like relief, in any court having gjuris.
diction; and If the court hearing the
action shall adjudge in favor of the
plaintiff such court shsll remove such
trustee and appoint another in his
stead, and when a vacancy shall occur
in said board from any other cause it
shall be filled upon like petition and in
like manner.


Sec. Z. Whenever, in the construc-
ton of line of railway, as herein pro-
yided, it shall be necessary to appro
pirate land for the foundation of the
abutments or pier of any bridge across
any stream, or for any other purpose,
or to appropriate any tights or fran
chises, proceedings shall be commenced
and conducted in accordance with the
laws in force at the time for the appro-
priation 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 vari-
ed as to suit the case. l


Sec. 8. Whenever there shall be be-
tween the termlni designated in any
resolution passed under this act, rail-
road already partially constructed, or
rights of way acquired therefor, which
can be adopted as part of the line pro-
yided for in said resolution, the trus-
tees 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 eonstruc-
tion Of line of railway, as herein pro-
vided, the said board Of trustees shall.
fad it necessary to use or occupy any
street, alley, or other public way, space
or ground, or any part thereof belong
ing to such incorporated village, pro-
ceedings shall be commenced and COT
Quoted 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.


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 COM
pany, as will conform to the terms and
conditions which shall be fixed and
provided by the council of the incor-
porated village by which the line Of
railway is owned.


Sec. IL. That the council of any in
corporated village described in this act
may, after trustees have been appoint
ed 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 car
rying 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.


Sec. II. Deeds and contracts may
be made, and proceedings for appropri-
atlons and actions may be commenced,
either in the name ofsuch incorporated
village providing the line of railway,
or in the name Of the trustees of -