and to re-enter at any time and take possession of such house or building. SEC. 3. That the act passed March 25, 1851, entitled Act repealed. "an act further to amend an act entitled an act to prevent nuisances," passed February 28, 1831, be and the same is hereby repealed. N. H. VAN VORHES, President of the Senate, pro tem. April 11, 1856. AN ACT To protect agricultural fairs, and fair grounds. stables at agfairs. ricultural SECTION 1. Be it enacted by the General Assembly of the Special conState of Ohio, That it shall be lawful for any justice of the peace, on the application of any of the officers of any state, county, township or any independent agricultural societies, or industrial associations, to appoint a suitable number of special constables, to assist in keeping the peace during the time when such society shall be holding their annual fairs, and make an entry in his docket of the number and names of all such as he shall appoint. SEC. 2. All such constables so appointed shall have all Powers and the power of constables to suppress riots, disturbances and duties. breaches of the peace; they may, upon view, arrest any person or persons who may be guilty of violating any of the laws of the state, may pursue and arrest any person fleeing from justice in any part of the state; to apprehend any and all persons in the act of committing any offence against the laws thereof, and may, upon reasonable information, supported by affidavit, procure process for the arrest of any person or persons who may be charged with a breach of the peace, and forthwith bring such person or persons before the competent authority, and enforce all the laws for the preservation of good order. SEC. 3. No person shall be allowed to keep any shop, Sale of libooth, tent, wagon, or other carriage, vessel or boat, or any quors at fairs. stand or table for the sale of any spirituous or other liquors, or sell or expose to sell, give, barter or otherwise dispose of, in or near such shop, booth, tent, wagon or other carriage, vessel, boat, stand or table, or in any other way or place, Penalty. Same. Same. any spirituous or other liquors, at or within the distance of two miles from the place where any such agricultural fairs are held. SEC. 4. That any person or persons who shall be guilty of a breach of this act, and shall be notified by any one of the officers authorized to make an arrest or seizure, or by any other person that he, she, or they are violating the law; and if, after such notice, such person shall continue in such violation, he, she, or they shall forfeit and pay for such offence, a fine of not less than five nor more than fifty dollars, to be paid over to the treasury of such agricultural society where the offence was committed; and any judge of the court, sheriff, coroner, justice of the peace of the proper county, or any constable of the proper township, or the constables especially appointed, shall, upon view or information, without warrant, apprehend any person so offending, and seize such booth, tent or wagon, or other carriage, stand, vessel or boat selling spirituous or other liquors, and convey the same to a place of safe keeping, and take the person so offending before some officer having competent jurisdiction, together with an inventory of the things so seized, and the officer before whom such alleged offender shall be brought, shall proceed forthwith to inquire into the truth of the accusation, and if true, shall enforce the penalties of this act. SEC. 5. If the accused shall fail to pay such fines as shall be assessed, together with all of the costs of proceedings, including the necessary expenses of such seizure, the said officer before whom such offender was tried, shall forthwith issue a venditioni exponas, commanding any constable of the township in which such inquiry shall be held, to make the fine and costs, necessary expenses, and costs of execution by sale of so much of the property as shall be necessary therefor, and make return thereof within ten days thereafter. SEC. 6. That in the execution of the venditioni exponas, the said constable, at least ten days before the sale, shall advertise the property to be sold at two of the most public places of the township where the same is to be sold, at one of which places, to be designated in the notice, between the hours of ten o'clock, A. M., and four o'clock, P. M., said sale shall be held; said constable first selling or offering for sale the articles which the offender brought on to the ground for traffic, and the overplus of the property so seized as aforesaid, after the satisfaction of said venditioni exponas shall be delivered to the defendant on demand; but if he shall fail to demand the same for ten days after such sale, the same shall become forfeited to the said agricultural society, and if the property so seized shall be found insufficient to satisfy said venditioni exponas and costs of execution, said justice of the peace shall, at any time thereafter, on request of the treasurer of said society, issue a fieri facias to collect the balance thereof. N. H. VAN VORHES, Speaker of the House of Representatives. President of the Senate, pro tem. April 11, 1856. AN ACT of con To authorize the consolidation of railroad companies in this state with rail- Railroads in this state may consolidate their stock with railroads in adjoining states. Conditions and restrictions. First. The directors of the several corporations may enter into a joint agreement under the corporate seal of each Agreement. company for the consolidation of said companies, and prescribing the terms and conditions thereof; the mode of carrying the same into effect; the name of the new corporation; the number of the directors and other officers thereof, and their place of residence; the number of shares of the capital stock; the amount of each share; and the manner of converting the capital stock of each of the said companies into that of the new corporation, with such other details as they shall deem necessary to perfect such new organization and the consolidation of said companies. Second. Said agreement shall be submitted to the stock- Submission holders of each of the said companies, at a meeting thereof, to stockholdcalled separately for the purpose of taking the same into ers. consideration, due notice of the time and place of holding such meeting, and the object thereof, shall be given by To become one corpora. tion. Election of directors. Transfer of franchises. written or printed notices, addressed to each of the persons in whose names the capital stock of said companies stands on the books thereof, and also by a like notice published in some newspaper in the city or town where such company has its principal office or place of business. And at the said meeting of stockholders the agreement of the said directors shall be considered, and a vote, by ballot, taken for the adoption or rejection of the same, each share entitling the holder thereof to one vote, and the ballots shall be cast in person or by proxy, and if two-thirds of all the votes of all the stockholders shall be for the adoption of said agreement, then that fact shall be certified thereon by the secretary of each of said companies, and the agreement so adopted, or a certified copy thereof, shall be filed in the office of the secretary of state, and shall be deemed and taken to be the agreement and act of consolidation of said companies. And a copy of said agreement and act of consolidation duly certified by the secretary of state, under the great seal of the state of Ohio, shall be evidence of the existence of said corporation. SEC. 3. Upon the making and perfecting the agreement and act as provided in the preceding section, and filing the same or a copy with the secretary of state, the several corporations, parties thereto, shall be deemed and taken to be one corporation, possessing within this state all the rights, privileges and franchises, and subject to all the restrictions, disabilities and duties of such corporation of this state so consolidated. SEC. 4. It shall be the duty of the stockholders, at the meeting called to take into consideration said agreement as hereinbefore provided, after the adoption of the same, to appoint a time and place for the election of the directors and other officers of the new corporation, which may be provided for in said agreement, notice whereof shall be given by the secretary of each of said companies, in some newspaper printed at the place of the principal office of each of said companies of the time and place of said election, at least three weeks previous thereto, which election shall be conducted in the manner that may be prescribed by said meeting of stockholders. SEC. 5. Upon the election of the first board of directors property and of the corporation created by said agreement of consolidation, and by the provisions of this act, all and singular the rights, privileges and franchises, of each of said corporations, parties to the same, and all the property, real, personal and mixed, and debts due on account of subscriptions of stock or other things in action, shall be deemed to be transferred and vested in such new corporation without further act or deed; and all property, all rights of way, and all other interests, shall be as effectually the property of the new corporation as they were of the former corporations, parties to said agree ment; and the title to real estate, either by deed, gift, grant, office. SEC. 6. Such new company shall as soon as convenient, Principal after such consolidation, establish a principal office at some point in this state on the line of its road, and change the same at pleasure, giving public notice in some newspaper of such establishment or change. SEC. 7. Suits may be brought and maintained against Suits. such new company in the courts of this state for all causes of action in the same manner as against other railroad companies in this state. SEC. 8. That portion of the road of such consolidated Taxation. company in this state, and all its real and personal property shall be listed for taxation and taxed in the same manner as the road and property of other railroad companies in this state. To ascertain the proportion of the rolling machinery subject to taxation in this state, the officer listing the same, shall ascertain the value of all the rolling machinery of such company, and return a sum bearing the same proportion to the value of the whole that the length of the line of such road within this state bears to the length of the whole line. pur states. SEC. 9. That any railroad company now organized, or Extension of which may hereafter be organized in this state, for the railroads into pose of constructing a railroad to the boundry line of this adjoining state, shall be authorized to extend its road into and through any adjoining state under the regulations which may be prescribed by such adjoining state, and the rights, powers and privileges of such company over such extension in construction and use of such road in controlling the property and applying money and assets thereon, shall be the same as if said road had been built wholly within this state. SEC. 10. Any stockholder who shall refuse to convert his stock into the stock of the consolidated company, shall be paid the highest market value of such stock at any time within six months next preceding the time of the making of such agreement for consolidation by the directors, if previous to such consolidation he shall so require; and if the stockholder so refusing to consolidate, and the board of di 10-LAWS. When stockholders refuse their stock. to convert |