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county, or the authorities thereof, and to control the same on the terms and conditions which may be agreed upon between such public authorities and the corporation; and in every such case it shall be lawful for the public authorities and the said corporation to agree that additional trustees of said corporation may be appointed by such public authorities, and upon the number of such trustees and the method of their appointment, and they may agree that any officer or officers of said city, village, or county to be designated by them may act ex-officio as such trustees. 78 0.

L. 127.

$ 3869. May provide for reversion of stock, etc.

Such corporation may provide in its organization a limit as to the number of shares which each stockholder may own,

the conditions on which such shares may be held or transferred, and for the reversion thereof to the corporation in case of the death or disqualification of a stockholder. 73 v. 8, $ 2.

$ 3870. Penalties for trespasses upon property of such

companiesWhoever breaks, throws down, or injures any gate, fence, inclosure, embankment, or erection of any kind, upon the ground of any such corporation, or forcibly or fraudulently passes such gate, or over such fence, or into such inclosure or building, without having paid the charge demanded for entry therein, shall, for each offense, forfeit to the party injured the sum of twenty-five dollars, in addition to the damages resulting from such wrongful act. 64 v. 182, S 7; S. & S. 187.

$ 3871. Sewerage companies

A company organized for the purpose of draining the streets, alleys, lots, commons, wharves, landings, or buildings of any city or village in this state, may construct and maintain sewers and drains, and lay conductors or pipe for conveying water and other liquid matter from the lots, houses, and streets, through and under the streets, sidewalks, public highways, alleys, commons, wharves, or landings of any city or village in this state; upon application by such company the council of any city, or the trustees of any village, may grant to it the privilege of exercising its corporate powers within the limits of such city or village, for such terms of years, and upon such conditions and limitations as may be deemed expedient; and the city council, or the councii of the village, may require from the company such reasonable security as they deem necessary for the faithful performance of the duties imposed upon it by law; but no grant shall be made to any company, and no power or privilege shall be conferred upon or exercised by any company, which will interfere with the rights of any other corporation, or any person, and no person shall be taxed without its consent for any drainage or sewerage constructed by any such company; and such companies shall be liable for all damages occasioned by their acts, neglects, or defaults to the rights of persons and other corporations. 53 v. 137, $ 5; S. & C, 341.

$ 3872. When municipality must buy out company

When a city or village which has granted to any such company, for any term, the rights and privileges mentioned in the preceding section, and, at the expiration of the term, fails or refuses, upon petition of the company, to renew the grant, the city or village shall purchase of the company its property, consisting of sewers, drains, and pipes actually laid and constructed, with the appurtenances, and the materials and fixtures appertaining to the same, on hand at the time of the expiration of such term, at a price not exceeding the actual cost thereof, for the use and benefit of the city or village. 53 v. 137, S 5; S. & C. 341.

$ 3873. Municipality may contract with company

The council of any city, or the council of any village, in which any such company is organized, may contract with the company for the construction and use of such sewers or drains, for draining the streets, alleys, lots, commons, wharves, or grounds within the limits of the municipal corporation; and the city or village shall not use such sewers or drains in any manner except by and with the consent of the company, and in the manrer, and upon the terms and conditions, which are mutually agreed upon by the company and the city or village. 53 v. 137, $ 6; S. & C. 342.

§ 3874. Company may prescribe rates

Such companies may prescribe the terms upon which owners and occupants of houses or lots may obtain the use of their sewers and drains for private purposes, and the rate of charge annually for such use, and also the terms upon which the city or village may use the sewers and drains for public purposes. 53 v. 137, $ 7; S. & C. 342.

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$ 3875. Powers of municipalities not limited

Nothing in the four preceding sections shall be construed to prevent any city or village from constructing sewers, or establishing and maintaining a system of sewerage, under the direction and by the authority of the municipal authorities thereof, not interfering, however, with the work of such company. 53 V. 137, S 8; S. & C. 342.

$ 3876. Stock-yard companies

A company incorporated for the purpose of purchasing or leasing real estate, and erecting thereon pens and buildings for the safe-keeping of live stock intrusted to it on sale, may lease or purchase, and operate, such portion of any railway leading to or connected with its stockyards as may be necessary for the convenient dispatch of its business; but the number of miles so leased or purchased shall not exceed thirty, and such lease or purchase shall not be made without the consent of the holders of a majority of the stock in such company, and in the company leasing or selling such railway. 73 v. 162, S 3.

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$ 3877. Transportation companies

A company organized for the purpose of transporting freight, or for towing purposes, on any of the navigable rivers of this state, or the lakes and navigable rivers bordering thereon, may build, purchase and hold such number of steamboats, barges or other vessels, and such other personal property, and such real estate, in this and other states, as it deems necessary for commencing and conducting its business, and may sell the same, or any part thereof, in such manner and for such purpose as may be prescribed by the rules and regulations of the company, not inconsistent with the laws of this state; and the company may carry any articles of freight or produce, tow any barge or other vessel upon any of the navigable streams in this state, and on any of the lakes, or navigable rivers bordering thereon, and shall be governed by the same laws, not inconsistent with this section, which govern individuals in such employments. 39, $ 4.

$ 3878. Companies for transportation of natural gas, oil or

water; eminent domain-How right acquiredRight to occupy public way; how acquired

Filling of excavations; common carrierA municipal corporation or a company organized for the purpose of transporting natural gas, petroleum or water through tubing or pipes or for the purpose of storing and transporting water, may enter upon any land for the purpose of examining and surveying a line for its tubing and pipes, or for a reservoir, and may appropriate so much thereof as may be deemed necessary for the laying down of such tubing and pipes, and for the erection of tanks, and reservoirs for the storage of water for transportation, and the location of stations along such line, and the erection of such buildings as may be necessary for the purpose aforesaid; such appropriation shall be made and conducted in accordance with the law providing for compensation to the owners of private property appropriated to the use of corporations; and so far as the rights of the public therein are concerned, the county commissioners as to county and state roads, the township trustees as to township roads, and the council of municipal corporations as to streets and alleys, in their respective jurisdiction, may, subject to such regulations and restrictions as they may prescribe, grant to such company the right to lay such tubing and pipe therein; provided, however, the right to appropriate for any of the purposes herein above specified, shall not include or extend to the erection of any tank, station, reservoir or building, or lands therefor, or to more than one continuous pipe, or tubing, or land therefor, in or through a municipal corporation, without the council first consent thereto; provided, however, that no reservoirs for the storage and transportation of water shall be constructed within the corporate limits of any municipal corporation, or any public park, and all excavations, except reservoirs for storage and transportation of water, shall be well filled by such company and so kept by it, in all cases, and such company shall, for the purpose of transporting natural gas, oils and water, be considered and held to be a common carrier, and subject to all the duties and liabilities of such carriers under the laws of this state.

94 0. L. 382. Where such company converts oil left for storage to its own use, and is sued, it may counterclaim the agreed price for storage and allowance for evaporation. Cow Run Tank Co. v. Lehmer, 41 Ohio St. 384. See note to State v. Salem Water Co., under % 3550.

$ 3879. May hold certain property

Any such company may take, by purchase or otherwise, and hold, such real and personal estate, and erect or purchase the necessary buildings and machinery for carrying on the business, including all the necessary equipments and appendages of the business, such as tubing, pumps, tanks, telegraph apparatus and engines, as may be necessary to transport oils and water through tubes and pipes. 65 v. 109, $ 2; S. & C. 169.

$ 3880. Further powers of such companies

Any such company or municipal corporation may transport, store, insure and ship natural gas, petroleum or water, and transport and store water, for the purpose of furnishing the same to engineers employed in developing for, or in the production and transportation of petroleum, and for that purpose may lay down, construct and maintain the necessary pipes, tubing, tanks, machinery and arrangements. 94 O. L. 382.

$ 3881. Homes for aged and indigent women

Corporations designated as the widows' home, and asylum for aged and indigent women, may, in addition to the estates, real, personal or mixed, which they are otherwise allowed by law to hold, take by purchase, gift or devise, and hold, use, dispose of and convey, in all lawful ways, any estate, real, personal or mixed, which may be convenient or necessary for the use of the corporation, or for the investment of its fuuds; but no part of such estate, nor of the income thereof, shall be used for any purpose or business other than in providing a suitable asylum, the support and maintenance thereof, and the support and maintenance of such aged and indigent women as are admitted into the same under the by-laws thereof. 75 v. 14, $ 1.

(S 3881-1.) Sec. I. Contract for care and maintenance of

indigent, aged or infirm deaf and dumb-State board of charities may order removal of such

indigent or infirm persons to homeThat any incorporated association organized for the purpose of

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