and any judge of the court of common pleas who shall have reason to believe that any provision of this act has been violated, shall give the same specially in charge to the grand jury. SEC. 7. This act shall take effect and be in force from and after its passage. JOHN F. FOLLETT, Passed March 19, 1868. President of the Senate. AN ACT To authorize the board of public works to enlarge the culverts on the WHEREAS, In answer to joint resolution of the general Preamble. assembly of the state of Ohio, passed April 13th, 1867, the board of public works, by the resident engineer to whom said resolution was referred, reports that in Paulding county, one and a half miles west of Antwerp, at a point where the Wabash Valley railroad crosses the Miami and Erie canal, there is a large tract of land lying on the south side of said canal, which is covered by water throughout all wet seasons of the year, and can only be drained by ditching to the Maumee river, which will require a sufficient culvert under said canal; and WHEREAS, Said engineer further reports, that about six and one-fourth miles west of Junction there is about ten thousand acres of fertile land that is utterly valueless for agricultural purposes for want of a general and effective system of drainage, the natural outlet of which is by the way of Six Mile creek; and WHEREAS, Said canal, with insufficient culverts, is in the way of drainage in the direction mentioned; and WHEREAS, There is, near mile stone No. 169, a culvert too small, the water not only overflows the land, but also the berme bank of the canal, causing great inconvenience and loss to inhabitants along said canal in consequence of said overflow; therefore, SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the board of public works are authorized and required to enlarge and improve the culverts and aqueducts on the Miami aud Erie canal, in accordance with plans or suggestions of the resident engineer as laid down in the report of board of public works, conforming as near to the same as will be to the interest of the state, and the inhabit ants along said Miami and Erie caual, or remove the cause of injury from overflow by any other means that may be Board of public works to enlarge and improve cul verts, &c. effectual at the least practical cost not exceeding twenty thousand dollars. SEC. 2. This act shall take effect and be in force from and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. J. C. LEE, Passed March 19, 1868. President of the Senate. Authority to city councils and town ship trustees. bonds. AN ACT To authorize cities of the second class, and the townships in which the same may be situated, to unite in the purchase and improvement of land for cemetery purposes. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be lawful for the council of any city of the second class, and the trustees of any township in which such city is situated, to unite in the establishment of a cemetery by the purchase of land therefor, not exceeding one hundred acres in extent, at a cost not exceeding twenty thousand dollars, to be paid for by such township and city as hereinafter provided. Trustees may SEC. 2. That for the purchase of the land and improveissue and sell ment of the same as cemetery grounds, the trustees of said township shall have power, and they are hereby authorized, to issue and sell the bonds of said township, with coupons attached, drawing a rate of interest not exceeding seven percentum per annum, interest payable annually or semi annulaly, and redeemable within ten years after their date; which bonds shall pledge the faith of said township for the payment of the principal and interest when due. The bonds and coupons to be signed by the clerk of said township under the direction of the trustees thereof. And levy a tax to pay said bonds. Meeting of council and trustees. SEC. 3. That for the payment of said bonds and interest thereon, the trustees of said township shall have power, and they are hereby authorized, to levy a tax upon the whole taxable property of said township, including said city, a sum not exceeding one mill on the dollar of such taxable property, annually, for the payment of the interest and redemption of the bonds; said tax so levied to be, by said township clerk, certified to the auditor of the county in which said township is situated, and to be by him levied and thereafter collected as other taxes. SEC. 4. The trustees of such township and the members of city council shall meet at the council-chamber of such city during the month of May of each year, and determine the rate of tax to be levied for the purpose herein required; and upon the passage of a joint resolution by a majority of said trustees and members of city council, fixing the rate of taxation, it shall thereupon be the duty of said trustees of the township to cause the levy so agreed upon to be made and duly certified to by the township clerk as aforesaid. And in order to secure the joint meeting of the trustees of the township and the members of the city council, a reasonable notice shall be given by either the council or trustees for that purpose, and it shall be the duty of said trustees and council to meet at the time fixed by said notice. SEC. 5. The title to such cemetery shall be made to vest in and be held in common by such township for the use of the inhabitants thereof, and free permission shall be granted for the interment in such cemetery of all persons buried at the expense of such township. SEC. 6. The city council of any such city may provide by ordinance for laying out the lands so purchased, in lots, avenues, alleys, or other sub-divisions as shall be deemed expedient; which lots shall be numbered and avenues named, and a plat thereof made, and recorded in the recorder's office of the county in which said cemetery is situated, and also a copy thereof kept in the office of the clerk or recorder of such city. SEC. 7. For the purpose of defraying the expense of purchasing, improving and embellishing such cemetery, the superintendent, hereinafter authorized, may sell at private sale or public vendue, from time to time, such number of lots in such cemetery and upon such terms and conditions as may be deemed advisable, and may execute to such purchasers such certificate of conveyance as may be necessary to carry into effect said contract of sale; and such conveyance shall, at the expense of the purchaser, be recorded in a book, to be kept for that purpose, by the clerk of such city. SEC. 8. The council of any such city owning a cemetery in common with the township as aforesaid, shall have full power and authority to pass and enforce all ordinances necessary to carry into effect the provisions of this act, and to pass such ordinances as may be deemed necessary for the preservation and regulation of such cemetery and the protection thereof, and for the punishment of any person or persons violating the ordinances, rules or regulations of such cemetery; and the mayor of such city shall have full and complete jurisdiction to enforce all such ordinances, although such cemetery grounds may not be located within the corporate limits of such city. Title, and purposes of cemeteries. Improve ment of cem eteries. Lots may be sold to pay expenses. Ordinances to carry into effect provisions of this act. SEC. 9. The trustees of the township and the members of Superinthe city council shall meet at the council-chamber of such tendent to city council on the first Monday in April in each year, and be appointed. appoint one superintendent, to take charge of such cemetery, under such rules and regulations as may from time to time be prescribed by the joint action of the council and the trustees convened; and in case a vacancy for such superintendent exists, from any cause, the said council and trustees shall have power to fill the same at any joint meeting. SEC. 10. The trustee of such township, or the city couneil of such city, may at any time call a joint meeting of the trustees and council of such city, by a reasonable notice given by either, for the purpose of making rules and regula3-LAWS. Joint meeting of trustees and council. Additional officers. Bonds may tions, or changing the same, for the government of said SEC. 11. The trustees of the township and city council SEC. 12. The trustees and city council are hereby authorbe required. ized, in their discretion, to require any person or persons appointed by them, to enter into a bond, with good and sufficient securities, conditioned for the faithful performance of their duty as required by law and the rules and ordinances, and to pay over all moneys by them received, which bond shall be filed and safely kept by the clerk of the city council. SEC. 13. This act shall take effect from and after its passage. JOHN F. FOLLETT, Passed March 20, 1868. President of the Senate. When township board of education may make separate estimate of cost, &c. AN ACT To amend an act to provide for the organization, supervision and main- SECTION 1. Be it enacted by the General Assembly of the the county duplicate specially, and be collected and paid SEC. 2. That the above recited act be and the same is hereby repealed; provided, such repeal shall not affect rights acquired or proceedings pending under said act. SEC. 3. This act shall take effect and be in force from and after its passage. JOHN F. FOLLETT, Passed March 26, 1868. President of the Senate. AN ACT In relation to the rights and liabilities of owners, lessors, and of lessees and occupants of buildings. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the lessee of any building which shall, without any fault or neglect on his part, be destroyed, or be so injured by the elements, or other cause, as to be unfit for occupancy, shall not be liable to pay rent to the lessor or owner thereof, after such destruction or injury, unless otherwise expressly provided by written agreement or covenant, and the lessee shall thereupon surrender possession of the premises so leased. SEC. 2. This act to take effect from and after its passage. Lessee shall be released when building becomes untenable, &e. Passed March 30, 1868. President of the Senate. AN ACT To amend section seven of an act entitled "an act establishing boards of county commissioners, and prescribing their duties," passed March 12, 1853. (S. & C., vol. 1st, p. 244.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section VII (7) of the above recited act be and the same is hereby amended so as to read as follows: Section 7. That the board of commissioners in the several counties in this state shall be capable of suing and being sued, pleading and being impleaded, in any court of judi Powers and duties of county commissioners. |