SEC. 3. This act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Speaker of the House of Representative. SAMUEL KNOX, Passed April 21, 1877. President pro tem. of the Senate. AN ACT To protect owners of real estate in remainder against waste committed thereon by tenants by the curtsy. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That if any person having or holding an estate by curtsy in any lands or tenements within the state, shall commit waste upon or to the premises so held or occupied, or suffer or permit the same to be done during said occupancy, shall forfeit his right or title to hold and enjoy such estate, as tenant by the curtsy, to those owning and entitled to the same in remainder, who, on the commission of said waste, may enter upon said estate, and the said estate by curtsy shall thereby cease and determine, and the tenant by curtsy shall, moreover, be liable in damages to those owning said estate in remainder for the commission of said waste thereto, or for suffering or permitting the same to be done. SEC. 2. This act shall take effect and be in force from and and after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. H. W. CURTISS, President of the Senate. Passed April 24, 1877. AN ACT Supplementary to an act entitled "An act for the incorporation of townships," passed March 16, 1853. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That upon the petition, in writing, of a majority of the freeholders, electors, owning lands in any portion of the territory of a city or incorporated village, which petition shall accurately describe the territory sought to be detached, the commissioners of the county in which said city or village is located, shall have power to detach the territory described in such petition from such city or village, and shall thereupon annex the territory so detached to any township contiguous thereto, as in the judgment of said commissioners e proper: provided, that no territory shall be so detached until the council of such city or village shall have assented thereto. SEC. 2. This act shall take effect from and after its passage. C. H. GROSVENOR, Speaker of the House of Representatiues. H. W. CURTISS, Passed April 24, 1877. President of the Senate. AN ACT To amend an act entitled "An act supplementary to an act entitled 'An act regulating the mode of administering assignments in trust for the benefit of creditors," passed April 6, 1859; passed March 31, 1576 (O. L., vol. 73, p. 101). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three of the above recited act be so amended as to read as follows: Section 3. In case of assignment to two or more assignees, upon the resignation, death, or removal of one or more of them, the remaining assignee or assignees may execute the trust, unless the probate judge appoint a successor or successors. And in all cases where a sole assignee shall die, resign, or be removed, the probate judge shall appoint a successor, in accordance with the provisions regulating such appointments; and the power conferred upon the probate judge by this section shall extend to cases where such sole assignee shall have died, resigned, or been removed, prior to the passage of this act. SEC. 2. Section three of the act to which this act is amendatory is hereby repealed. SEC. 3. This act shall take effect from and after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. Passed April 24, 1877. H. W. CURTISS, President of the Senate. AN ACT Amendatory of and supplementary to "An act to enable trustees of religious denominations to become incorporated, and defining their powers," passed April 20, 1874. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four of an act entitled "An act to enable trustees of religious denominations to become incorporated, and defining their powers," passed April 20, 1874, be so amended as to read as follows: If the trustees are chosen to take charge of and manage any other property that may be owned or in any manner acquired by such religious denomination, they shall have full power to hold, invest, control, and manage the same, for the benefit of the denomination, within the presbytery, synod, conference, diocese, society, or other ecclesiastical territorial limits represented by said trustees, subject to the direction of the proper representative body of such denomination, within such territorial limits as aforesaid; and whenever any parish, congregation, or society shall, by reason of the death or dispersion of its members, be declared to be extinct, by the body representing the denomination to which such parish, congregation, or society belongs, and which representative body shall have elected trustees under this act, the trustees of the denomination to which such parish, congregation, or society belongs, shall have power to take possession of the property of such parish, congregation, or society, whether real or personal, and rent, lease, sell, invest, or otherwise dispose of the same, for the benefit of the denomination represented by such trustees, within the territorial limits represented by the body appointing such trustees, and subject to such regulations as said body may prescribe: provided, that all property held by trustees created under this act, and the proceeds thereof, shall be applied to the use and benefit of the proper denomination within this state. SEC. 2. That whenever any parish, congregation, or society shall be declared to be extinct, under and in accordance with said section four, as so amended, it shall be lawful for the court of common pleas of the county in which any real property of such extinct parish, congregation, or society is situated, upon the petition of the trustees of the denomination to which such extinct parish, congregation, or society belongs, to make an order for the sale of such property, whether the same shall have been built, upon, or otherwise improved, or not, the proceeds of such sale to go to, and be for the benefit of the denomination represented by such trustees, within the territorial limits represented by the body appointing such trustees, and the purchaser or purchasers thereof shall be vested with as full and complete title to said property as the character of the original grant to such parish, congregation, or society will allow. This section shall not be so construed as to limit, or in any degree restrict, the powers conferred by the preceding sections of this act, upon trustees elected under the same. SEC. 3. That when any petition shall be filed, as provided for in the preceding section, all persons who may have a vested, or contingent, or reversionary interest in such real estate, shall be made parties to said petition and be notified Powers of trustees. Order of sale on petition of trustees. Title. Parties to petition. of the filing and pendency thereof, in the same manner as is or may be provided in case of partition of real estate: provided, that said court shall have power to make such order as to costs as shall be deemed just and proper. SEC. 4. That section four of the act to which this is amendatory and supplementary, be and the same is hereby repealed. SEC. 5. This act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. Passed April 24, 1877. H. W. CURTISS, Rates of taxation. First class. AN ACT To amend an act entitled "An act limiting the rate of taxation in municipal corporations" (O. L., vol. 73, p. 222). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section six hundred and forty-eight of "an act to provide for the organization and government of municipal corporations," passed May 7, 1869, as amended May 2, 1871, as amended April 11, 1876, be so amended as to read as follows: Section 648. The aggregate of all taxes levied or ordered by any corporation, including the levy for general purposes over and above the tax for county and state purposes, and excluding the tax for schools and school-house purposes, shall not exceed in any one year; in cities of the first class, having a population of one hundred and fifty thousand inhabitants or more, twelve mills, and such further rate in addition thereto, as may be necessary to provide for the payment of the interest and create a sinking fund for the redemption of bonds issued and that may be issued under the act entitled an act relating to cities of the first class, having a population exceeding one hundred and fifty thousand inhabitants, passed May 4, 1869, and all acts amendatory or supplementary thereof; in cities of the first class, having a population of eighty and less than one hundred and fifty thousand inhabitants, eleven mills, and such further rate in addition thereto, as may be necessary to pay the interest on the public debt, and for cemetery purposes, as is provided for by law; in cities of the first class, having a population over thirty and less than eighty thousand inhabitants, nineteen mills, Provided, however, that out of such funds, the interest on the indebtedness of such corporations shall be paid first; in cities of Council shall county Transfer of funds. Payment of the second class, having a population over thirty thousand Second class. inhabitants and less than eighty thousand inhabitants, nine and five-tenths mills; in cities of the second class, having a population over ten thousand and less than thirty thousand inhabitants, twelve mills; in all other cities of the second Otherclasses. class, nine mills; in incorporated villages, having a population over three thousand inhabitants, eight mills, and in all other incorporated villages, ten mills on each dollar of the value of any property as valued for taxation on the county duplicate; Provided, that the council of every municipal corporation shall cause to be certified to the auditor of the county on or before the first Monday in June, annually, the per centage by them levied on the real and personal sonal property in the corporation, returned in the grand levy, and the county shall place the same on the duplicate of taxes for said county, in the same manner as township taxes are now by law placed on said duplicate; and, Provided further, that council shall annually, at the same time the rate of levy is fixed, provide by ordinance for the distribution of the tax, among the several departments of the city, in such proportion to their needs as said council may deem necessary; and at no time thereafter shall the amounts therein specified as necessary for the purposes named be changed, and all transfers of funds from one account to another are hereby expressly prohibited. All claims against the said cities of every nature whatever, shall be paid by the treasurer upon the warrant of the auditor, in all corporations having a city auditor, and in all others on the warrant of the city clerk; and all boards of trustees, directors or commissioners having the charge of the expenditures of city funds, shall certify claims against their respective departments to the city auditor for payment; Provided, that in cities of the first class, having been advanced to that grade between decennial periods, it may be lawful for the auditor, under such rules and regulations as may be adopted by the common council, to draw his warrant on the treasurer in his own favor, for the aggregate amounts due employes of the city in the various departments, and disburse the money received upon such warrant to pay the claims of said employes on pay rolls, taking due receipts therefor; and it shall be the duty of the auditor, in addition to such other duties, to keep accurate and detailed accounts of the receipts and expenditures of the city in all its departments and for all purposes; and, Provided further, that no person or property charged with any special local assessment for any improvements, shall be compelled to pay therefor, in any one year, more than one-tenth of the value of the property on which the assessment was made, as valued on the county duplicate for taxation; but the words, "as valued on the county duplicate for taxation," shall not apply or be in force as to cities of the first class. claims. |