act to provide for the organization and government of municipal corporations, passed May 7, 1869, be amended to read as follows: thereon. Sec. 715. Incorporated villages may surrender their cor- Surrender of porate rights, or may be reduced to the grade of incorporated corporate villages for special purposes, and incorporated villages for rights of vilspecial purposes may surrender their corporate rights in the lages, &c. same manner so far as applicable as provided in preceding sections in this chapter, for the surrender of corporate rights by cities of the second class, and the duties of all officers in respect thereto, and the proceedings thereafter, so far as applicable, shall be the same as prescribed in the preceding section. Where the petition is by the electors of an incorporated village for special purposes, it shall be sufficient if Proceedings signed by fifty of such electors; provided further, that on the petition of at least two-thirds of the freehold electors inhabiting any portion of the territory of an incorporated village, setting forth a desire to surrender their corporate rights and to be detached from said corporation, the same proceedings as provided in this chapter, as far as applicable, including a submission of the question to the legal voters of the incorporated village shall be had; and provided further that on the reduction of the corporate limits, subsisting levies by the council shall be collected and paid into the village treasury for the purposes for which they were made, and that the council, for paying existing indebtedness, shall, until the same shall be paid, retain the power of levying taxes on the taxable property within the detached territory, as if the same were not detached, and the provisions of sections 716 and 717 of this act shall govern in case of such reduction, so far as the same may be applicable. SEC. 2. That original section seven hundred and fifteen of the municipal code be, and the same is hereby repealed, and this act shall take effect on its passage. A. J. CUNNINGHAM, Speaker of the House of Representatives. Passed April 20, 1871. President of the Senate. AN ACT Supplementary to the act entitled an act to provide for surveys of mines in certain cases. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That when an affidavit and notice mentioned in the first section of the act entitled an act to provide for surveys of mines in certain cases, passed May 7, 1861, shall have been made and given as therein and hereinafter provid ed, any owner or owners of any shaft, whether vertical or inclined, used in mining operations, shall, at all reasonable Facilities to be given to surveying parties, &c. Application, and penalty for non-compliance. To whom this act is available. times, after one day's notice shall have been given, as above, at the request of such party giving such notice, let down into such mines and bring up therefrom by the same means used for letting down and bringing up miners, any surveying party not exceeding five persons, and shall furnish a competent guide, and furnish him with a davy or other approved safety-lamp; provided, that for each person so let down and brought up, such owner shall be entitled to receive fifty cents, unless such shaft shall exceed two hundred and fifty feet in depth, and in all such cases double that sum, and such owner shall be entitled to receive not exceeding five dollars per day for the services of the guide so furnished, all to be paid by the party requesting such survey. SEC. 2. That the provisions of the second and third sections of the above entitled act shall be applicable to all cases arising under this act, and in addition thereto, if any owner or owners of any such shaft shall refuse to comply with the provisions of the first section of this act, the party so requesting such survey shall be entitled to recover a judgment as upon default, in any court having jurisdiction of the action, against such owner or owners for such sum as such party shall under oath declare he believes to be justly due to him for any coal or other mineral which belonged, to him and before that time taken by such owner or owners of such shaft without his permission, such demand and refusal being first proved to the satisfaction of such court or jury, and the refusal so to comply of any superintendent of such shaft shall be held to be the refusal of the owner or owners thereof, and no statute of limitation shall be operative as against any claim of any such demandant for coal or other mineral taken by such owner or owners either before or after such refusal. SEC. 3. That the provisions of this act shall be available for any person, who shall on his or her oath state that he or she is the owner or authorized agent of any owner of land which he or she believes contains coal or other valuable mineral substances within one mile of any such shaft, but not adjoining any mine or mines of the owner or owners of such shaft, and the affidavit required to be made shall be sufficient if it state that the lands in which the affiant is so interested are in the vicinity of such shaft and not more than one mile distant therefrom, and service thereof, upon any owner or superintendent of such shaft, shall be sufficient. 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, Passed April 20, 1871. President of the Senate. AN ACT Supplementary to an act to provide for the organization and government of municipal corporations, passed May 6, 1869. (O. L. vol. 66, page 149.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be lawful for the councils of two or more cities or incorporated villages, or the councils of one or more cities and one or more incorporated villages, when conveniently located for that purpose, to unite in the establishment and management of a cemetery, under the provisions of the act to which this is supplementary, and in all their proceedings they shall be governed by the same, so far as the same may be applicable. SEC. 2. That when two municipal corporations shall unite for cemetery purposes, as provided in the preceding section, the corporation having the larger number of voters at the last preceding annual election for corporation officers, shall elect two trustees, and the other corporation shall elect one trustee, and thereafter each corporation shall be entitled to two trustees every alternate year. When three corporations shall unite as herein provided, each of said corporations shall be entitled to one trustee; and when four or more corporations shall unite as herein provided, the three corporations having the largest number of vcters, respectively, shall each elect one trustee, and at the next annual election the corporation having the largest number of voters at the last election shall not be entitled to a trustee, but the corporation standing fourth in the number of voters shall be entitled to a trustee, and so on in rotation, so that each corporation shall be without a trustee at regular intervals corresponding with the number of corporations that may be united under the provisions of this act. SEC. 3. That this act shall be in force from and after its passage. Speaker of the House of Representatives. A. J. CUNNINGHAM, J. C. LEE, President of the Senate. Two or more councils may unite in the establishment of a cemetery. Election of trustees. Passed April 20, 1871. AN ACT To amend section seven of "an act to provide for the organization and government of municipal corporations." SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section seven of "an act to provide for the organization and government of municipal corporations," be amended so as to read as follows: Requisite population of cities and villages. Repeal. Section 7. No city of the second class shall be advanced to the grade of a city of the first class until it snall have attained a population of twenty thousand; no incorporated village shall be advanced to the grade of a city of the second class until it shall have attained a population of five thous and; no incorporated village for special purposes shall be advanced to the grade of an incorporated village until it shall have attained a population of five hundred; and no incorporated village shall hereafter be organized until the inhabi tants to be embraced in it are five hundred in number. SEC. 2. Section seven of the act entitled "an act to provide for the organization and government of municipal corporations," passed May 7, 1869, is repealed. SEC. 3. This act shall take effect from and after its passage. A. J. CUNNINGHAM, Speaker of the House of Representatives. Passed April 20, 1871. President of the Senate. Property exempt from taxation. AN ACT To exempt property in incorporated villages from taxation for cemetery purposes, in certain cases. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That all property within any incorporated village in this state, in which there is a cemetery established and maintained by such incorporated village or by a cemetery association resident within such incorporated village, shall be exempt from taxes for the purchase or maintenance of cemeteries, under the superintendence of the township trustees. SEC. 2. This act shall be in force from and after its passage. A. J. CUNNINGHAM, Speaker of the House of Representatives. J. C. LEE, Passed April 20, 1871. President of the Senate. AN ACT To amend section one hundred and fifty-eight of "An act of the jurisdiction and procedure before Justices of the Peace, and of the duties of Constables in Civil Courts," passed March 14, 1853. (Swan & Critchfield, 769.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That said section one hundred and fifty-eight be so amended as to read as follows: Section 158. No stay of execution on judgments rendered in the following cases shall be allowed: 1. On judgments rendered against justices of the peace for refusing to pay over money by them collected or received in their official capacity. 2. On judgments against justices of the peace for not reporting annually to the auditor all fines as required by law. 3. On any judgment rendered against a constable for failing to make return, making a false return, or refusing to pay over money collected in his official capacity. 4. On judgments against bail for the stay of execution. 5. Where judgment is rendered in favor of bail who have been compelled by judgment to pay money on account of their principal. 6. On judgments obtained by constables on undertakings executed to them for the delivery of property, or undertakings executed to an officer in replevin of property levied on by execution. A. J. CUNNINGHAM, Speaker of the House of Representatives. Passed April 22, 1871. AN ACT President of the Senate. To authorize county commissioners to pay expenses to persons authorized to pursue after fugitives from justice charged with crime, upon the requisition of the governor. SECTION. 1. Be it enacted by the General Assembly of the State of Ohio, That the county commissioners of any county in this state are hereby authorized, when any person or persons charged with a felony, and shall have fled to any other state, and the governor shall have issued his requisition for such person or persons so charged with such offense, to pay to the officer or other person designated in such requisition by the governor to execute the same, all necessary expenses in the pursuit and returning of said person or persons so charged with crime as aforesaid, out of the county treasury, as to them may seem just. SEC. 2. That in case of the arrest, return and conviction A. J. CUNNINGHAM, Cases in which stay of execution shall not be allowed. Commissioners to pay expenses in certain cases. When paid by state. Passed April 26, 1871. President of the Senate. |