etc. SEC. 2. The justice making such appointment shall make Record, coma memorandum thereof upon his docket, and the same shall pensation, continue in force for one year, unless sooner revoked by such justice. The constables appointed by virtue of this act shall be paid in full for their services by the freeholders for whose benefit they are appointed, and shall receive no compensation except from said freeholders. SEC. 3. This act shall be in force from and after its passage. A. J. CUNNINGHAM, Passed May 1, 1871. President of the Senate. AN ACT Amendatory of an act authorizing the building and repairing of Levees to protect lands from overflow, passed April 30, 1859. (Ohio Laws 66, page 73.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the above entitled act be so amended as to read as follows, to wit: Section 1. That the probate judge of any county in this state shall have power, whenever, in his opinion, the same will be conducive to the health, convenience or welfare of any number of citizens of said county, or is necessary to the protection of the lands of such citizens, to cause to be established, beated, constructed and protected as hereinafter provided, any levee or embankmeat on or along any stream or water course within said county for the protection of lands frm overflow. SEC. 2. That the fi'th section of the above mentioned act be so aaiended as to read as follows, to wit: Section 5. It upon a hearing of the case said judge is satisfied said levee ought to be constructed, he shall order the sume to be done, and shall appoint a competent engineer to locate, level and measure the same, and divide it into suitable sections, not less in number than the number of owner of land to be benefited by its construction, and shall prescribe the time within which the work on each section shall be completed and by whom done; and whenever it shall be necessary to protect such levee or em ankment from being washed away by high waters, and for that purpose to cause the removal of sach obstructions as may hinder the free passage of the wa er in such stream or water course, it shall be the duty of such engineer to order such work to be done as he may deem to be needed for such purpose, and divide the work to be done among those to be benefited thereby Probate judge may cause levees to be con structed. Same. in like manner as in the construction of such levee or embankment; and the said judge shall allow and assess all the reasonable fees, costs and expenses of locating, establishing and protecting such levee and embankment, and shall apportion the payment of the same equitably among the parties to be benefited thereby, and prescribe the times within which said assessments shall be paid, and shall, if requested by any of the parties, prepare for the use of such person, a brief statement in writing, describing briefly his, her or their apportionment of said levee or work, together with the length, depth, width and slope of the same, the amount of costs assessed against such person, when to be paid and by what time the work to be completed. SEC. 3. That sections one and five of said act be and the same are hereby repealed. SEC. 4. This act shall take effect and be in force from and after its passage. A. J. CUNNINGHAM, Speaker of the House of Representatives. Passed May 2, 1871. President of the Senate. Disposition of property held in trust, etc. AN ACT To provide for the apportionment of trustes, and disposition of moneys, property and assets, held in trust for building soldiers' monuments. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That when any moneys, property or assets of any kind, are held in trust, by any person or persons, for the purpose of building soldiers' monuments, it shall be the duty of the court of common pleas of the county in which said trustee or trustees, or a majority thereof, shall at the time reside, upon the application of said trustee or trustees, or a majority thereof, or of any citizen of such county, after ten days prior notice to such trustee or trustees, or a majority of them, to order all of such moneys, property or assets so held in trust, as aforesaid, to be brought into court and placed in charge of such persons and invested in such manner, as shall, in the opinion of the court, be most judicious and prudent for the preservation and increase thereof; the persons so appointed to take charge of such trust fund, giving bond in such sum as the court shall deem right and proper for the security of said moneys, property or assets, before entering upon the performance of their said trust, and which said bond shall be payable to the state of Ohio, and shall be in such sum and upon such conditions as said court shall direct and upon the execution of such bond, and the payment or delivery of all moneys, property and assets, in their hands, (or required to be therein as trust funds or in trust for the purposes aforesaid,) to the trustees so appointed by said court, and having given bond as heretofore provided, said original trustee or trustees shall be forever discharged from all legal liability on account thereof, from any cause whatever, and no trustee or trustees, appointed under the provisions of this act, shall receive, directly, or indirectly, any compensation for their services, bit may be reimbursed out of any money under their control, for any necessary expenses by them incurred, and actually paid out in the execution of their trust. SEC. 2. The number of trustees appointed by the court Trustees. of common pleas, under the provisions of the foregoing section, shall be seven (7), all of whom shall be resident freeholders of the county in which such soldiers' monument is to be built. SEC. 3. The court of common pleas may enforce a full and complete settlement and delivery over by the original trustees to those appointed by the court and qualified as herein provided, by attachmemt as for contempt of court, reserving to said original trustee or trustees the same right of exception and review, on error, as in other similar cases. Court may' enforce complete settlement. Discretion of court of com SEC. 4. That whenever the original trust pro ides for building a soldiers' monument, it shall be within exclusive discretion of the trustees so appointed by the court of com- mon pleas. mon pleas, as heretofore provided, or a majority thereof, to determine whether to use said trust moneys, property and assets, in the erection of a soldiers' monument, or of a mon. umental building, and in either case to determine exclusively the cost, mode, style, place and manner of its erection, and in case of a monumental building, the uses and purposes to which the same shall be put in the future, and having arrived at such determination, they shall be, and are hereby authorized and required, to proceed at once to erect such monument or monumental building, and expend the trust funds and its increase for that purpose, with any other moneys or property that may be donated to them for that purpose, or received by them from any other party or parties, by virtue of any arrangements to build conjointly or otherwise, which they, in their judgment, may think best to make, and to select the site or location therefor, and to purchase from the said funds, it necesrary, the requisite grounds, and take title thereto, in the name of said trustees and their successors, forever. SEC. 5. That in case of the erection of a monumental Contents of building, as heretofore provided, there shall be therein placed tablets. a permanent tablet, or tablets, on which shall be inscribed the names of all persons who entered the union army from such county, during the war of the late rebellion, and lost their lives therein, and their services may be perpetuated in any other manner which the said trustees, or the majority thereof, may, in their discretion, deem expedient. SEC. 6. The trustees shall report to the court appointing Trustees to them, as often as the court may require, and all vacancies report; vacancies. Exempt from taxation. that may, from time to time, occur in said board, by removal for cause, removal from the county, resignation or death of any member or members, shall be filled by appointment of the court of common pleas in the same manner in which original appointments are made, and said court may, for good cause, remove any or all of said trustees and appoint others in their stead. SEC. 7. That all funds raised and set apart for the pur pose of building monuments to the fallen soldiers of this state, and all monuments and monumental buildings, when erected, shall be forever exempt from taxation for any pur pose whatever. SEC. S. This act shall take effect and be in force from aud after its passage. A. J. CUNNINGHAM, Speaker of the House of Representatives. Passed May 2, 1871. President of the Senate. Conveyance of lands abandoned purposes. AN ACT To regulate the sale of real estate held by cemetery as-ociations and other corporations and parties named therein. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whenever any person or persons as trustees for any person or corporation, or otherwise, or any city, for cemetery incorporated village or township within this state, or any cemetery association, shall hold any land or lands within the limits of any incorporated village or city in this state, which shall have been used as a cemetery or burial ground, and in which interments have been prohibited by such municipal corporations, and it shall have been decided to remove the bodies interred therein, it shall be lawful for such person or persons so holding any such lands as aforesaid, or for the trustees of any township, or any such cemetery, or for the council of any city or incorporated village, to sell or otherwise dispose of any such land or lands, and to make and deliver proper deeds conveying such lands to the purchaser or purchasers of the same; provided, that such sale or other tranfer of such land or lands shall not operate to give such purchaser or purchasers possession of the same till the bodies therein i sterred shall have been removed from such cemetery, and all monuments and tombstones be removed and re-erected at the place of re interment of the remains of each person respectively. SEC. 2. This act shall take effect from and after its pas sage. A. J. CUNNINGHAM, Speaker of the House of Representatives. J. C. LEE. Passed May 2, 1871. President of the Senate. AN ACT To amend the 543d section of the act to provide for the organization and government of Municipal Corporations, passed May 7, 1869, and an act amendatory thereof, passed April 1, 1870. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section five hundred and forty-three (543) of the municipal code, passed May 7, 1869, and an act amendatory thereof, passed April 18, 1870, be amended so as to read as follows: Section 543. In no case shall the tax or assessment speci- Limitation ally levied and assessed upon any lot or land for any im- of taxation. provement, amount to more than twenty-five per centum of the value of such lot or land as assessed for taxation; the cost exceeding the said per centum that would otherwise be chargeable on such lot or land, shall be paid by the corporation out of its general revenues: Provided, that in cities of the first class the tax or assessment specially levied and assessed upon any lot or land for any improvement, may amount to twenty-five per centum of the value of such lot or land after such improvement is made, the cost exceeding the said per centuin that would otherwise be chargeable on such lot or land shall be paid by the corporation out of its general revenue. SEC. 2. That section five hundred and forty-three, above mentioned, is hereby repealed. SEC. 3. This act shall be in force from and after its passage. A. J. CUNNINGHAM, Passed May 2, 1871. President of the Senate. AN ACT To authorize cities of the first class, having a population exceeding one hundred and fitty thousand, to issue bonds for improvements. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the common council of any city of the first class, having a population of more than one hundred and fifty thousand, shall have power to issue the bonds of such city for any sum not exceeding six hundred thousand dollars, bearing a rate of interest not exceeding seven per cent. per annum, at such date and for such length of time as they may deem expedient. Issue of bonds by cities. |