Year: 1872




BoeseTs Rail Road Bill.


A BILL to authorize countiss; Cities,


Incorporated UiLlaegs and tolUn-


ships to build Railroads, and to


lease and operate the same.


SECTION l. Be 1t enacted 6y the
General Assembly Of the State of
Ohio, That it shall be lawful for any
county to construct railroad, and
borrow as a fund for that purpose, a
sum not exceeding five per cent. of
the assessed valuation there last
made of the real and personal pro-
perty in such county, as two thirds
of the electors ofsuch county voting
at a meeting called for that purpose
shall determined; provided that the
total amount of outstanding indeb-
tedness incurred for any and all rail
roads shall not exceed five per cent.
of the assessed valuation of such
county at any one time; provided,
that the amount, exclusive of inter-
est, which shall have become due
and collectable in any one year, shall
not exceed one per cent. Of the as
sessed valuation of'such county.


SEC. 2. 1t shall be the duty Of the
commissioners Of any county to call
meetings of the electors Of such
county at their usual places
of voting, whenever a written
request to do so shall be made by
one hundred tax-paying electors Of
such county; and the said commits
sioners shall give thirty days notice
to the qualified electors thereof, by
publication in a newspaper Of gen
eral circulation in said county, re-
quiring said electors to vote for or
against the construction of the pro-
posed road and of the time Of said
vote. And the opinion of said cleo
tors shall be expressed on their bal
lots, "Railroad-Yes," or Railroad
No." which ballots shall be coun-
ted and returned by the judges and
clerks Of elections as in other cases;
provided, that such request and no
tice shall specify the termini of the
proposed road, the amount to be ap-
prOpriated towards its construction,
the conditions, rate of interest, time
of payment, and manner of execut-
ing the bonds, and other particulars
in regard to such appropriation not
otherwise provided herein. Said
commissioners, upon proper request
as aforesaid, are hereby authorized
and required to call special a election
for the purpose aforesaid, by giving
the notice required hereby; provided
that no county under the provisions
of this act shall hold more than one
special election in one year. A copy
Of the request and also Of the notice
required by the provisions of this
section, shall be entered at large up
on the records of such county, to-
gether with statement of the refult
and other essential particulars, and 6
certified copy of such record shall
be in all courts and places prims
facie evidence of the facts therein
set forth.


Sec. 3. Any county which may
avail itself of the benefit of this act
as provided herein, shall, within six
lty1 days after the question of con-
structing any roads determined by
a vote of the electors Of such county
as provided in section two Of this
act, issue its coupon bonds for the
amount so determined to be expen-
ded, which bonds shall he in sums
of not less than fifty dollars each,
and not more than one thousand
dollars each, and shall be payable at
any time as determined upon by the
electors of such county, not exceed
ing twenty years from the date
thereof; such bond shall bear inter
est at a rate not exceeding eight (S)
per cent. per annum, and shall have
attached thereto the usual and neces-
sary interest coupons, corresponding
in date and numbers with the bonds
to which they are attached, which
shall be signed by written signature
of the auditor. Such bonds shall
be signed by said county commits
sioners, under the seal of said coun-
ty, and attested by the auditor of
said county. The bonds and cou-
pons attached thereto, shall be pay
able either at the Office Of the treas
urer of said county or in the city of
New York, as shall be determined by
the vote of said electors, and said
bonds shall not be sold at less than
their pay value.


SEC. 4. Whenever any such bonds
as provided by the provisions Of this
act shall have been issued as therein
specified, the same shall be delivered
by said commissioners to the treas
urer Of the State, who shall give a
receipt therefore, and hold the same
as trustee for the county issuing the
same, and to be disposed Of by said
treasurer in discharge Of his trust,
as hereinafter provided.


SEC. ). Upon receipt Of any such
bonds from any county in aid of any
railroad, the Secretary Of this State,
shall Immediately register or record
the same in a book, or books, to be
kept by him for that purpose in his
office, which record shall show the
amount, date and number of each
bond, the rate Of interest which it
bears, by what county issued, to con-
struct what railroad such bonds are
issued, and the time when payable,
which record shall be open for the
of any citizen in this
State, or other interested parties.
Such bonds shall be safely kept by
said treasurer for the beneat of the !
parties interested, and be disposed |
Of by him in the following manner,
that is to say: Whenever the coun-
" commissioners shall present an
order for said bonds, from the chief
engineer, appointed by the
county commissioners, that there
las been labor performed and ma
,erials furnished in pursuance of the
contract, to the amount therein
it shall then be the duty Of
he treasurer of state to deliver to
he commissioners. or the person de-
iignated in their written order, bonds
o an amount not exceeding eighty