When com- Payment for purchase or lease of land. Levy for pay- Submission of PURCHASE OF FAIR GROUNDS. leasing such site and buying or leasing a new site, which notice shall contain or have annexed thereto a certified copy of the resolution, signed by the president and secretary of the board of directors. (R. S. Sec. 3706.) SECTION 9901. When such society has given notice to the commissioners as above provided, and has selected or secured options for the purchase or lease of a new site for holding county fairs in such county, its board of directors shall immediately give notice of all of such facts to the commissioners, which notice, if such old site is sold or leased before the purchase or lease of the new one, shall state the amount for which it was sold or leased, also the amount of money necessary to acquire such new site, and the terms and conditions of the purchase or lease thereof, together with a full description of the tracts or parcels of land and improvements thereon, included therein. After the filing of such notices, the commissioners may complete and carry into effect any contract or contracts which such society made for the purchase or lease of the new site. (R. S. Sec. 3706a.) But SECTION 9902. Payment for the purchase or lease of the land included in such site, and the improvements thereon, may be made by the county commissioners from any unappropriated funds in the county treasury at the time it is to be made. If no such funds are then in the treasury, the commissioners may issue the bonds of the county for such amounts as are necessary for the purchase or lease of the land and the improvements thereon. if such old site is sold or leased before the new site is purchased or leased, in making the payment such society first shall apply the moneys realized from the sale or lease to the purchase or lease of the new site. If the old site is sold or leased after the purchase or lease of the new site, the amounts realized from such sale or lease shall be placed to the credit of the sinking fund for the redemption of bonds issued as hereinafter provided. Such bonds shall bear not more than five per cent. interest per annum, payable semi-annually, not be sold for less than their par value, and shall be payable at such place, times, and in such denominations as the commissioners determine. (R. S. Sec. 3706b.) SECTION 9903. To provide for the payment of such bonds, and interest thereon, the county commissioners may levy such annual taxes on all the taxable property of the county, as are necessary to create and provide a sinking fund for the redemption of the bonds at maturity and the interest accruing thereon. Such levy shall be collected and accounted for to the county treasurer in the manner provided for the collection of other taxes. (R. S. Sec. 3706b.) SECTION 9904. Before issuing such bonds, the comquestion of is missioners by resolution shall submit to the qualified electors of the county at the next general election for county suing bonds. WATERWAY OR CANAL. officers held not less than thirty days after receiving from such agricultural society the notice provided for in section. thirty-seven hundred and six, the question of issuing and selling such bonds, in amount and denomination as necessary for the purpose in view, and shall certify a copy of such resolution to the deputy state supervisors of elections of the county. (R. S. Sec. 3706b.) SECTION 9905. Such deputy state supervisors shall The election. place the question of issuing and selling such bonds upon the ballot and make all other necessary arrangements for the submission of such question to the qualified electors of such county, at the time fixed by such resolution. The votes cast upon the question must be counted, canvassed and certified in the same manner, except as otherwise provided by law, as votes cast for county officers. Fifteen days' notice of such submission shall be given by the deputy state supervisors, by publication once a week for two consecutive weeks in two or more newspapers published in the county, stating the amount of bonds to be issued, the purpose for which they are issued, and the time and places. of holding the election. Such question must be stated on the ballot as follows: "For the issue of county fair bonds, yes"; "For the issue of county fair bonds, no." If the majority of the voters voting upon the question of issuing the bonds are in favor thereof, then, but not otherwise, they shall be issued, and the tax hereinbefore mentioned be levied. (R. S. Sec. 3706b.) WATERWAY OR CANAL. SECTION I. That whenever a canal or waterway of substantially definite route shall be authorized to be constructed by or under the authority, management and control of the government of the United States, or of the state of Ohio, either separately or jointly or in co-operation with any state or states to connect the great lakes or the ocean with the navigable waters of this state, or with the Ohio river, by a route situate within, or partly within and partly without the state, suitable for steamships, steamboats, barges or other vessels, it shall be lawful for any county situate on the route thereof or connected therewith by navigable waters, or railroad, or other highway of commerce in such manner that the construction of such canal or waterway will be for the general public benefit of the community of such county, to give and by the appropriation of money or the issue of bonds as hereinafter set forth. Section 2503-1. Counties may give aid to Water-way. establish Provided that such canal or waterway shall be and Provisos. remain exclusively a public enterprise under public management, control and operation, free from the private management, or interest, or possession in any wise of any individual, company, corporation, association or institution, and Section 2503-2. 100 or more persons may C. P. election. WATERWAY OR CANAL. Provided, further, that of any surplus of tolls, rates and charges accruing from the operation of such canal or waterway or the sale of water or water power or from other income remaining after payment of the cost of operation, maintenance and improvement, such county shall receive such proportionate part as its contribution bears to the total sum contributed for the construction of said canal or waterway. (102 v. 462.) SECTION 2. It shall be lawful for one hundred or more resident taxpayers and qualified voters of the proper county to petition the court of common pleas of such county setpetition Coder ting forth that the construction of a canal or waterway of substantially definite route has been authorized by law, and describing in a general way such a route, and showing that the county of the petitioners is situate on the said route, or is connected therewith by navigable waters, or a railroad, or other highway of commerce as in such petition set forth, and that in the judgment of the petitioners the construction of such canal or waterway will be for the general public benefit of the community of the county of the petitioners, and that it is desirable that the credit of the county be loaned for the purpose of aiding the construction of such canal or waterway in such manner as may be provided by law, and so that the same shall remain a public enterprise, and free from the private management, or interest, or possession in any wise of any individual, company, corporation, association or institution, and that for the purpose aforesaid, it is desirable that the county of the petitioners shall issue interest bearing bonds to the amount stated in such petition, and praying the court to order an election to be held in the said county upon the question of the issue of said bonds to the amount and for the purpose stated. The said petition shall be verified by affidavit of at least five of the petitioners, and on presentation thereof, if the same shall appear to be in proper form, it shall be filed, and thereupon the court shall fix a time for the hearing of the same, not more than sixty days thereafter, and direct that notice of the same be given to the county commissioners, and also the public generally by advertisement and publication in one or more newspapers published in said county in such issues thereof as the court may direct. Any person interested, including the county commissioners, may file exceptions to said petition prior to the day fixed for the hearing, and on such hearing, any person in interest may be heard, and the court shall decide upon the truth of any matter set forth in the petition in case the same shall be disputed, save as to the matters set forth upon the judgment of the petitioners as to the public benefit involved and the desirability of the issue of bonds as set forth, which matter shall be deemed to depend upon the result of the election prayed for, and if the court shall find that such petition and proceedings are regular and in conformity Hearing. Exceptions. WATERWAY OR CANAL. with this act, and that the construction of a canal or water- held. order an election to be held in the county after notice of When election such election has been given in the manner provided by law for elections of county officers. If the order shall be made more than thirty days and less than ninety days before the next regular election of municipal or state officers, such election shall be held at such regular election; but if not, then a special election shall be ordered to be held after notice, as aforesaid; and the deputy state supervisors of elections shall prepare separate ballots for such election, upon which shall be printed in brief form, a statement of the questions submitted followed by the words "for a bond issue" or "against a bond issue", and shall provide separate boxes to receive the said ballots when voted. The said election shall be held at the regular polling places, and shall be conducted and the vote canvassed and certified in the same manner as provided by law for the election of county commissioners. The expense of the election shall Expense. be borne by the county. If the majority of the vote is in favor of a bond issue, then the county commissioners shall prepare and cause to be issued, in due conformity with the law, the bonds of the county to the amount set forth in the petition, and for the purposes therein set forth; but if a majority of the electors shall vote against a bond issue, the question of a bond issue for such purpose shall not again be submitted to a vote of the electors for a period of less than two years from the date of said election. All the penalties of the election laws for the violation thereof are hereby extended and shall apply to the voters, inspectors, judges and clerks voting at or in attendance upon such election. The county commissioners upon the issuing of any Delivery of bonds in pursuance to the terms of this act, shall deliver bonds. them to the proper state or federal authority constructing said canal or waterway, to be realized upon, at not less than par, and the proceeds thereof expended under such authority in the construction of such canal or waterway. (102 v. 462.) Section 2503-3. Act includes funds con tributed. SECTION 3. This act contemplates, among other things, the construction of canals or waterways by means of funds contributed by counties, interested or benefited, whether of this state or in co-operation with the counties of other states or other public authorities. And for the purposes of cooperation and safe-guarding the respective interests of the contributing counties in the proportion of their respective contributions and in respect of the same the respective Agreements county commissioners are hereby authorized to enter into of funds such proper arrangements and agreements with the secre- contributed. tary of war, or any other public authority empowered to for protection Organization tion. OFFICERS OF NEW TOWNSHIPS. act in the premises under any act of congress or act of the general assembly of this or the legislative authority of any other state as may be necessary for such purposes; and also with counties and other public authorities either of this or other states with a view to harmonious and efficient action and proportionate contribution as nearly as may be arrived. at or found to be practicable. (102 v. 462.) ORIGINAL SURVEYED TOWNSHIPS. SECTION 3181. As soon as there are four, or more, and incorpora electors in an original surveyed township of five or six miles square, or fractional township, wherein there is either the reserved section twenty-nine or sixteen, or where such section sixteen has been disposed of by congress and another section granted instead thereof, whether such other section be situated within or without such original township, and in all other fractional townships which by law are entitled to a section or part of a section for school purposes, such electors, or any of them may apply to the county commissioners for the organization and incorporation of such original township or fractional township. S. Sec. 1366.) Application; notice of election. Conduct of elections. Election in (R. SECTION 3182. On the application of any such electors, and it is made to appear to the satisfaction of the county commissioners, that there are at least four electors in such original or fractional township, the commissioners shall order an election of three trustees and one treasurer therein, and give at least fifteen days' written notice of such election, by posting in three of the most public places in the township such notices, designating the time and place of such election, and the place shall be as near the center of such township as practicable. (R. S. Sec. 1367.) SECTION 3183. Elections in such original surveyed townships shall be held at such times and conducted in such manner as the trustees of the townships provide. The place of holding such election shall be as near the center of the township as can be, and at least fifteen days' notice of such election shall be given by notices posted in five or more of the public places of the township. (R. S. Sec. 1368.) There is no provision of law for the payment of judges and clerks of elections in original surveyed townships, where such election is held under authority of this section, and other sections following, relating to elections in original townships. L. 11-29-05. OFFICERS OF NEW TOWNSHIPS. SECTION 3259. When a new township is set off, the new township. county commissioners shall forthwith give at least ten days' public notice by advertisement, in three public places in such township, of the time and place of holding an elec |