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SEC. 2. The justice making such appointment shall make Record, coma mentoran.un thereof upon his docket, and the same shall pensation, continne in force for one year, wless 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 appointeil, illid sball receive no compensation except from saial treelolders.

SEC. 3. This act shall be in force from and after its passiige.

Speaker of the House of Representatives.

J. C. LEE,

President of the Senate. Passed May 1, 1871.


Amendatory of an act authorizing the building and re

pairing of Lerees to protect lands from overflow, passed
April 30, 1859. (Ohio Litws 66, page 73.)

SECTION 1. Be it euncted by the General Assembly of the
State of Chin, That section one of the above entitied act be
80 adoled as to learl is follows, to wit:
Section 1. That the probate jnge of any county in this

Probato state shall have power, whenever, in his opinion, the same judge may will loro con noive to the localili, co tenience or welfare of cause levecs any lumber of citizens of sail conuty, or is necessary to the to be con

structud, protection of the lines of such citizi'lls, to cause to be estab. lishmeri, Dental, constructor anil protected as hereinafter prviileil, 115 leice or embankment on or along any stream or Winter Course within suid county for the protection of lanos ti in over tw'.

Sec. %. Tout the fifth section of the above mentioned act be silencelielas to read its fillows, to wit: Section. It nou at hearing of the case sa iil julge is

Same. fatistical sciel letee onglot to be constructed, he shall order the summer to be done, and shall appoint a competent engineer to locale, level and 11: sure the same, and divide it into suitable serions, 100 less in member than this linumber of owner of lined to be benefited by its construction, illil shall presurilor lleime within which the work on Caroll siction shall be complereal and boy whoom done; anil v hnever it shall l... pecessary to protect such levee or emi ankment from being Wilatiesi Wing lovligh waters, and for that pilipise to calise the level of sich obstructions as my liiniler the free passage of the wil er in silloh strexim or water conse, it shall be the only of suci enemer to oroler such work to be delle ils lie man deem to be needed for such pemprose, and clivide the work in be done among those to be benefited thereby

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 equita:»ly 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 state. ment in writing, describing briefly his, her or their apportion. ment 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.

J. C. LEE,

President of the Senate. Passed May 2, 1871.


of property
held in trust,

To provide for the apportionment of truste-s, and dis

position 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 tru tee 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 prident 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 sball be payable to the stato 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 fuuds 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 thereot, 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 treeholders of the county in which such soldiers' monumeut is to be built.

SEC. 3. The court of common pleas may enforce a full and Court may' complete settlement and delivery over by the original trus- enforce com

plete settletees 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.

SEC. 4. That whenever the original trust pro ides for building a soldiers' monument, it shall be within exclusive

Discretion of

court of comdiscretion 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 detenuine 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 saine 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 moners 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 tbey, 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 tallet, 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

roport; va thein, as often as the court may require, and all vacancies


Exempt from taxa tion.

that may, from time to time, occur in said board, bs remoral for cause, removal from the county, resignation or death of any member or members, shall be tillead by appointinent of the court of common pleas in the same manner in whicle original appointments are made, and sail 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 poorpose of building monuments to the fallen soldiers of ilis state, and all monuments and monumental buildings, when erected, shall be forever exempt from taxation for ally purpose whatever.

SEC. 8. This act shall take effect and be in force from aud after its passage.

A J. CUXXIXGILAM, Speaker of the House of Rp csentatives.

J. C. LEE,

President of the Sena'e. Passed May 2, 1871.

To regulate the sale of real estate le boy cemetery :18-0-

ciations and other corporatious and parties named

SECTION 1. Be it enacted by the General Assembly of the Conveyance of lands

State of Ohio, That whenever any person or persons ils l'llsabandoned tees for any person or corporation, or otherwise, or any city, for cemetery incorporated village or township within illis stille, or illiy purposes.

cemeters association, shall bolal any land or lanels within clie limits of any incorporated village or city in this state, which shall bave been used as a cemerert or lial grond, illo in which interments have been prohibited by sarili municipal corporations, and it shall bare been derinlich 10 10110vrilie bodies interred therein, it shall be lawful 101 sheh Isll or persons so bolding any such finds its aforesail, or for the trustees of any township, or any such remitold, or for the council of any city or incorporate village, to sell or otherwise dispose of any such linned or lands, ille to make and deliver proper deeds (Ou Veving such lines to the purchaser or purchasers of the same; provider, that "11011 sale or other tranfer of such land or laulls shield 110t opreranto to give such purchaser or purchaser's possession of the same till the bodies therein iiterrell sluill borel removal livin such cemetery, and all monumentis ne tombstones berenoveel and re-erected at the place of reinterment of the remains of each person respectively.

SEC. 2. This act shall take effi'ct from and after its pas sage.

Speaker of the House of Representatires.

J. C. LEE.
Passed May 2, 1871.

President of the Senate.


To amend the 543d section of the act to provide for the

organization and government of Municipal Corporations, passed May 7, 1819, and an act amendatory thereof, pa-sed April 1 , 1870.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section tive hundred and forty-three (513) of the municipal code, passed May 7, 1869, and an act amendatory thereof, passed Ap:il 18, 1870, be amended so as to reail 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 cor. poration 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-tive per centum of the value of such lot or land after such improvemeut is made, the cost exceeding the said per centun that would otherwise be chargeable on such lut or land shall be paid by the corporation out of its general rerenue.

SEC. 2. That section five lundred and forty-three, above mentioned, is hereby repealed.

Sec. 3. This act shall be in force from and after its passage.

Speaker of the House of Representatires.

J. C. LEE,

President of the Senate. Passed May 2, 1871.


To authorize cities of the first class, having a population

exceeding ove bundred and fifty thousand, to issue bonds tor improvements.

SECTION 1. Be it enacted by the General Assembly of the Isgue of State of Ohio, That the common council of any city of the bonds by first class, having a population of more than one bundred cities. 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.

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