are provided by law in case of sales of real estate made by order of court in other cases, so far as the same may be applicable. 65 v. 192, § 3; S. & S. 132.

§ 3423. Notice of sale to be published

Before any such sale shall be made, notice thereof shall be given by publication, for six consecutive weeks, in some newspaper published and of general circulation in each of the counties through or in which such road is located, and also in some newspaper published and of general circulation in each of the cities of New York and Cincinnati, for at least thirty days prior to the day of sale; but the sale shall not be made for less than two-thirds of the appraised value of the property and rights, unless, upon the same having been twice offered and not sold, the court, in its discretion, order a reappraisement. 65 v. 192, § 4; S. & S. 132.

§ 3424. Confirmation of sale, and deed—

When a sale is made, and reported to the court, if the court is satisfied that the same was fairly and properly conducted, in all respects, according to law and the order of the court, it shall cause the sale to be confirmed, and shall order the receiver to execute and deliver to the purchaser a deed of conveyance for the road, road-bed, rights of way, real estate, fixtures and franchises so sold. 65 v. 192, § 5; S. & S. 132.

§ 3425. How proceeds of sale distributed

The proceeds of the sale, after paying the costs and expenses thereof, and the unpaid expenses of the trust against the company, shall be distributed pro rata among all the creditors of the company. 65 v. 192, § 6; S. & S. 132.

§ 3426. Who may purchase such property—

A company organized under the laws of this state may become the purchaser of such property; and any number of persons, not less than five, may become the purchasers of such road, road-bed, rights of way, property and franchises, at such sale, and, upon filing a transcript of the decree of confirmation in the office of the secretary of state, shall become a corporation of this state, amenable to its process, and with perpetual succession, by such name as they may assume to themselves, subject to the laws of

this state regulating corporations, and shall hold the property, rights and franchises so purchased, free and discharged from all liability for the debts of the original corporation. 65 v. 192, $ 7; S. & S. 132.

§ 3426a. Purchaser of railroad at judicial sale may sell

same-Grant to be recorded

The purchaser or purchasers of the real and personal property, road-beds, rights of way, fixtures and franchises of any railroad company in the State of Ohio, and situated wholly or in part in this state, that have been or shall hereafter be sold pursuant to judicial order, judgment or decree, and which sale has been confirmed by the court making the order of sale, may sell the same, or any portion thereof; and the title thereto, with all the rights, liberties, faculties and franchises, shall pass by such sale and vest in the purchaser or purchasers thereof, as fully as [if] the same had been possessed, exercised and enjoyed by such railroad company, and which passed by said judicial sale; which grant being in the same form as by law required to pass said real estate, shall be recorded in the record of deeds of the county or counties in which said real or personal property is situated, and said rights and franchises are or may be exercised. 77 O. L. 60.

§ 3426b. Railroad company, and any number of persons, may become purchasers-Purchasers may be incorporated-Stock and bonds may be issued as purchase price, etc.

That any railroad company organized or existing under the laws of this state may become the purchasers of such property,. as provided in the first section (3426a) of this act, and any number of persons may become the purchasers of such road, roadbeds, rights of way, property and franchises, as provided herein, either directly at such judicial sale or by grant from the purchasers at such sale, whether the same shall have been heretofore or may hereafter be made; and upon filing a copy of said deed or grant in the office of the secretary of state with articles of incorporation executed in accordance with sections thirty-two hundred and thirty-six and thirty-two hundred and thirty-seven of the Revised Statutes of Ohio, they and such persons as they may associate with them, not less than five in number, shall become a

corporation, with perpetual succession, by such name as they may assume to themselves, with full capacity to maintain and operate such railroads, whether located wholly within this state, or partly within this state and partly within another state or states, and with authority to provide for the purchase price of the railroad and other property so purchased, by the issue of its capital stock, preferred or common, and bonds secured by mortgage or otherwise, bearing interest at a rate not exceeding seven per cent per annum, and stock and bonds heretofore or hereafter issued as such purchase price, in whatever amounts the incorporators, in good faith, may have agreed on, shall be valid and taken as fully paid for by the transfer to such corporation of such railroad and property, and also by such issue of stock or bonds, to raise the necessary means suitable to improve such railroad property and equipment for the uses and purposes for which it is employed; and in the operation and maintenance of such railroad, the said corporation shall be entitled to all the rights, and be subject to all the obligations and restrictions imposed upon railroad companies by the general laws of this state. 87 O. L. 270.

RAILROAD POLICE.

§ 3427. Appointment of railroad police; qualifications,

etc.

The governor, upon the application of a company owning or using any railroad in this state, shall appoint and commission such persons as the company may designate, or as many thereof as he may deem proper, to act as policemen for and upon the premises of such railroad, or elsewhere when directly in the discharge of their duties for such railroad; and all policemen so appointed shall be citizens of the State of Ohio, and men of good character; and said policemen shall hold their offices for three years, unless their commissions be revoked by the governor for cause shown, or by the railroad company as provided by section. thirty-four hundred and thirty-two of the Revised Statutes, and all commissions heretofore issued by the governor of this state, under and by virtue of section thirty-four hundred and twentyseven of the Revised Statutes of Ohio, as passed March 8, 1867, shall expire, and the authority under and by virtue of the same

shall be revoked on and after the first day of June, 1885. 82 O. L. 51.

See first note under section 3333.

§ 3428. Oath; record of commission; powers, etc.—

Each policeman so appointed shall, before entering upon the duties of his office, take and subscribe an oath of office, which shall be indorsed upon his commission; a certified copy of such commission, with the oath, shall be recorded in the office of the clerk of the court of common pleas in every county through or into which the railroad for which such policeman is appointed runs, and for which it is intended he shall act; and policemen so appointed and commissioned shall severally possess and exercise all the powers, and be subject to all the liabilities of policemen of cities of the first class, in the several counties in which they are authorized to act while in the discharge of their duties for which they are appointed. 82 O. L. 51.

§ 3429. Power of such police to enforce regulations of road and make arrests

A company which avails itself of the provisions of the two preceding sections may make needful regulations to promote the public convenience and safety in and about its depots, stations, and grounds, not inconsistent with the laws of the state, and cause the same to be printed, and posted conspicuously upon its depots or station buildings, and such policemen may enforce and compel obedience to the same; and the keeper of jails, lock-ups, or station-houses in any of such counties shall receive all persons arrested by such policemen, for the commission of any offense against such regulations or the laws of the state, upon or along the railroad or premises of any such company, to be dealt with according to law. 64 v. 60, § 3; S. & S. 121.

§ 3430. Policemen to wear badges

Each policeman so appointed and commissioned shall wear in plain view, when on duty, as heretofore specified, a metallic shield with the word "Police," and the name of the railroad for which he is appointed inscribed thereon, except while acting as detective in the discharge of his duties for such railroad. 82 O.

§ 3431. Compensation of police

The compensation of such policemen shall be paid by the company for which they are respectively appointed, and at such rates as may be agreed upon by the parties. 64 v. 60, § 5; S. & S.

121.

§ 3432. When powers cease

When a company no longer requires the services of a policeman so appointed, it may file a notice to that effect, under its corporate seal, attested by its secretary, in the several offices where the commission of such policeman is recorded, which shall be noted by the clerk upon the margin of the record where the commission is recorded, and thereupon the power of such policeman shall cease and determine. 64 v. 66, § 6; S. & S. 121.

§ 3433. When a passenger conductor is a policeman —

The conductor of every train carrying passengers within this state is hereby invested with all the powers, duties and responsibilities of police officers, while on duty on his train. 73 v. 166, § 1.

§ 3434. When a conductor may eject a passenger

When a passenger is guilty of disorderly conduct, or uses any obscene language, or plays any game of cards or chance for money, or any other thing of value, upon any passenger train, the conductor of such train shall stop his train at the place where such offense is committed, or at the next stopping place of such train, and eject such passenger from the train, using only such force as may be necessary to accomplish such removal; and the conductor may command the assistance of the employes of the company and of the passengers on such train to assist in such removal; but before doing so he shall tender to such passenger such proportion of the fare he paid as the distance he then is from the place to which he has paid fare bears to the whole distance for which his fare is paid. 73 v. 166, § 2.

§ 3435. When he may arrest a passenger—

When a passenger is guilty of any offense upon a passenger train, the conductor of such train may arrest him and take him before any magistrate having cognizance of such offense, in any