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or pipe for conveying water and other liquid matters from the lots, houses, and streets through and under the streets, sidewalks, public highways, alleys, commons, wharves or landings of any city, town or village of this state; and upon application by said company, the city council of any city, or the trustees of any incorporated village máy, in their discretion grant to any company duly organized according to the terms of this act the privilege of exercising the corporate powers conferred by this act within the limits of said city or village, for such term or terms of years, and upon such conditions and limitations as shall be deemed expedient, and at the expiration of any such term or terms, said municipal corporations shall purchase from said company their property consisting of sewers, drains and pipes, actually laid and constructed with the appurtenances thereunto, and such materials and fixtures appertaining to the same on hand at the time of the expiration of said term, at a price not exceeding the actual cost thereof, unless a renewal of the privileges herein granted, be extended to said company by said city council or trustees of any incorporated village, and whenever said municipal corporation refuse or fail to extend upon petition of said company, the rights and privileges herein above expressed, the said municipal corporations shall purchase the sewers, drains and appurtenances thereunto belonging, of the said company at a price not exceeding the actual cost of the same, for the use and benefit of said city or incorporated village, and said city council or trustees of any incorporated village may require from said company such reasonable security as they may deem necessary for the faithful performance of the duties imposed on said company by this act. Provided that no grant shall be made to any company and no power or privilege shall be conferred upon or exercised by it under this act which shall interfere with the rights of any other person or corporation, and that no person shall be taxed without his consent for any drainage or sewerage constructed by said company, and said company shall be liable for all damages occasioned by its acts, neglects or defaults to the rights of other persons and corpo

rations.

Purchase of property by trustees.

council or

with sewerage companies.

SEC. 6. The city council of any city, or the trustees of Municipal any incorporated village, in which any company shall be corporations organized under this act, are authorized to contract with any may contract such corporation for the construction and use of such sewers or drains for draining the streets, alleys, lots, commons, wharves or grounds within their corporate limits, and said municipal corporation shall not use said sewers or drains in any manner, except by and with the consent of said company, and in the manner and upon the terms and conditions which may be mutually agreed upon by said company and said municipal corporations.

Company may terms of use.

prescribe

Proviso.

In force.

SEC. 7. Said company shall have power to prescribe the terms upon which owners and occupants of houses or lots may obtain the use of said sewers and drains for private purposes, and also, the rate of charge annually, for the same, and also, for which said municipal corporations may use said sewers and drains for public purposes.

SEC. 8. Nothing in this act shall be construed as to prevent any city or incorporated village from constructing any sewers, or establishing and maintaing a system of sewerage under the direction and by the authority of the municipal authorities thereof, not interfering, however with the works of said company.

SEC. 9. This act to be in force from its passage.
N. H. VAN VORHES.

Speaker of the House of Representatives.
THOS. H. FORD,

President of the Senate.

April 8, 1856.

Curwen's R.
S., 1666.

Houses of ill

fame held as public nui

sances.

Owner may avoid lease.

AN ACT

Further to amend an act entitled "an act to prevent nuisances," passed February 28, 1831, and to repeal the act passed March 25, 1851, entitled "an act further to amend an act entitled an act to prevent nuisances," passed February 28, 1831.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That every house or building situate within this state, used or occupied as a house of ill fame, or for the purposes of prostitution, shall be held and deemed a public nuisance; and any person owning, or having the control of, as guardian, lessee, or otherwise, such house or building, and knowingly leasing or sub-letting the same in whole or in part, for the purpose of keeping therein a house of ill fame, or knowingly permitting the same to be used or occupied for such purpose, or using or occupying the same for such purpose, shall, for every such offence, be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding one hundred dollars, or imprisonment for a term not less than thirty days, nor more than six months, or both, at the discretion of the court.

SEC. 2. That the use or occupation by the lessee or tenant of any house or building, or any part thereof, for the purposes prohibited in the first section of this act, shall be held by the courts of this state, good cause on the part of the owner or lessor to avoid the agreement of lease or renting,

and to re-enter at any time and take possession of such

house or building.

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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,
Speaker of the House of Representatives.
LESTER TAYLOR,

President of the Senate, pro tem.

April 11, 1856.

AN ACT

To protect agricultural fairs, and fair grounds.

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 stables at agpeace, on the application of any of the officers of any state, fairs. 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.
LESTER TAYLOR,

President of the Senate, pro tem.

April 11, 1856.

AN ACT

To authorize the consolidation of railroad companies in this state with railroad companies of states adjoining, in certain cases, and to authorize railroad companies in this state to extend their roads into adjoining states.

Railroads in

this state may consolidate

their stock with railroads in adjoining states.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be lawful for any railroad company in this state, organized under the general or any special law, or which may hereafter be organized in this state, and whose line of road shall be made or in the process of construction to the boundary line of the state, or to any point either in or out of this state, to consolidate its capital stock with the capital stock of any railroad in an adjoining state, the line of whose road has been made or is in process of construction to the same point, and where the several roads so unite as to form a continuous line for the passage of cars: Provided, That roads running to the bank of any river which is not bridged shall be held to be continuous under this act. SEC. 2. That said consolidation shall be made under the Conditions conditions and restrictions following-that is to say, 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

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