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fifty dollars nor less than five dollars; and such watchmen, superintendents, gardeners and agents may arrest, on view, all persons found violating the provisions of this section, and bring such persons so offending before the mayor or justice of the peace within such township, to be dealt with according to law. 86 0.

L. 254.

$ 3581. Powers in certain counties

The trustees of any cemetery company or association, in any county containing a city of the first class, may purchase, or take by gift or devise, land for the sole and exclusive use of a cemetery, not exceeding five hundred acres in extent, and hold the same exempt from execution, and from appropriation for public purposes, three hundred acres of which shall be exempt from ail taxation; and the trustees, whenever in their opinion any portion of their lands is unsuitable for burial purposes, may sell such portion, and apply the proceeds thereof to the general purposes of the company or association; but upon such sales being made, the lands so sold shall be returned by the trustees to the auditor of the proper county, to be by him placed upon the grand duplicate for taxation. 63 v. 88 $ 1; 67 v. 35, $I; S. & S. 69.

$ 3581a. Acquisition or sale of land in county containing

city of the second class-Exemptions-Re

turn for taxationThe trustees of any cemetery company or association in any county containing a city of the second class may purchase or take by gifts or devise land for the sole and exclusive use of a cemetery, not exceeding three hundred acres in extent, and hold the same exempt from execution, and from appropriation for public purposes, two hundred acres of which shall be exempt from all taxation; and the trustees whenever in their opinion any portion of their lands is unsuitable for burial purposes may sell such portions, and apply the proceeds thereof to the general purposes of the company or association; but upon such sales being made the lands so sold shall be returned by the trustees to the auditor of the proper county, to be by him placed upon the grand duplicate for taxation. 92 0. L, 114.

$ 3582. How receipts and income to be applied

The receipts and income of such company or association, whether derived from the sale of lots, from donations, or otherwise, shall be applied to the payment of the purchase of such lands, to the laying out, preservation, protection and establishment of the cemetery, and the avenues within the same, to the erection of such buildings as may be necessary, and to the general purposes of such company or association; no debts shall be contracted in anticipation of future receipts, except for the original purchase of the land, and laying out, inclosing, and embellishing the grounds and avenues therein; and no part of the proceeds of lands sold, or any of the funds of any such company or association, shall ever be divided to its stockholders or lot owners, but all its funds shall be used exclusively for the purpose of the company or association, as herein above specified, or invested in a fund the income of which shall be used and appropriated as aforesaid. 67 v. 35, $ 2.

$ 3583. May accept and execute certain trusts

livery cemetery company or association shall have full power and capacity to take, hold, possess, use, enjoy and occupy such property of any kind as may be hereafter legally given, granted or devised to it, for the purpose of building or repairing fences, graves, vaults, monuments, walks, cemetery lots, drives or avenues in its cemetery, or for the purpose of building or repairing therein any particular fence, cemetery lot, grave, vault, monument, walk, drive, or avenue, and to appropriate such property, or the proceeds thereof, to any of the foregoing purposes, according to the terms of the trust for which the same may be given, granted or devised as aforesaid.

73 V. 210, § 1.

$ 3584. When may hold land in village

Any association of persons who have been and are acting as a cemetery association and have purchased and improved land for cemetery purposes, paid for by subscriptions of lot holders and the sale of lots, and who are acting through a board of trustees chosen by the members of the association, may, when the lands thus occupied for cemetery purposes have been brought or held within the corporate limits of any village subsequently to the time of their purchase and improvement, become incorporated

for cemetery purposes, as though the lands held by the association were outside of suchi corporate limits. 75 V. 132, § 1.

$ 3583. Powers of certain corporations

Any association organized under the preceding section may, as the successor of the original association, through and by the concurrence of the original association, take possession of, hold, and use for cemetery purposes, all the property belonging to and held by the original association for such purposes, with full power to sell and convey lots, and do all and singular the things necessary in the proper arrangement of the affairs of such association. v. 132, § 2.

$ 3586. Rights of lot owners assured

All rights of present lot owners in the cemetery grounds of the original association are reserved and assured to them, and made valid, without reference to the form of conveyance issued to them by the trustees of the original association. 75 V. 132, $ 3

$ 3586a. Rights and powers of crematory associations

Any company or association incorporated for the purpose of the erection and maintenance of a crematory or other place or building for cremating the dead, may exercise all the rights and powers conferred by this chapter, subject to the same conditions; provided, however, that no building shall be erected for any such purpose by any company, association, person or persons within two hundred yards of any dwelling house, unless the owner of such dwelling house give his consent, and it shall be unlawful for any person or persons, company, association or firm to establish a morgue on any street or part of a street upon which are dwelling houses, unless the owner or occupants of such dwelling houses within two hundred yards ( 200 yards) of said proposed morgue give their written consent thereto; provided that this act shall not apply to any crematory already built, or morgue already established. 94 0. L. 95.

$ (3586-1). Sec. 1. Authorizing the sale of certain ceme

teries and the removal of the remains of the

dead interred thereinThe trustees of any cemetery association, whose cemetery is within the limits of any city or village, interments in which have been prohibited by ordinance of such municipal corporation, or whose cemetery has been abandoned as a place for the burial of the dead, or which association is involved in debt which it is unable to pay, may apply by petition to the court of common pleas, of the county wherein such cemetery is located, for the sale of the whole or a portion of said cemetery grounds, and the court may order the same to be sold, either the whole or such portion thereof as the court may direct, and the money derived from such sale shall, under the direction of the court, be applied to the costs and expenses of the removal and reinterment of the remains of the dead therein, and to the payment of the debts, if there be any, of such cemetery association, and the surplus, if any, shall be invested upon interest, and the income therefrom applied to keeping in repair the unsold portion thereof, or if the entire premises be sold, then the surplus shall be divided pro rata among the lot owners, and the court shall grant such time for the removal of the dead, after the confirmation of such sale, as it may deem necessary. 65 0. L. 7.

$ (3586-2). Sec. 2.

Notice of the filing of such application shall be given by publication in some newspaper of general circulation in the county where it is filed, for four consecutive weeks, setting forth the object and prayer thereof, and that any person claiming an interest in the subject-matter of such petition may appear and file an answer therein; and the court shall, on final hearing of the case, make such order or decree as will best secure the rights of the persons having an interest in such cemetery. 82 0. L. 164.

$ (3586-3). Sec. I. Cemetery associations may create

sinking fundAny cemetery association which has been organized under any general or special law of this state, is hereby fully authorized and empowered to create a sinking fund, out of any surplus money they may have on hand, or which may have been given to said association by will, deed or otherwise. 80 O. L. 91.

$ (3586-1). Sec. 2. How such funds invested

That it shall be lawful for any cemetery association so organized to invest any sum of money appropriated to said sinking fund in any bonds of the United States, State of Ohio, or any city of the State of Ohio, or to loan it upon first mortgage of real estate in the State of Ohio worth double the loan, or upon collateral of any of the above securities of equal face value with the loan; provided, however, that it shall not be lawful to loan any such money to any member of said cemetery board. 80 O. L. 91.


(3586-5). Sec. 3, How expended

That all moneys thus appropriated to any sinking fund, and all interest derived thereon, shall be held exclusively for the enlargement of cemetery grounds, their improvement, repair or adornment, or for constructing or keeping in repair any buildings, monuments or other structures deemed necessary or appropriate for cemetery grounds, and shall not be appropriated or used for any other purpose

whatever. 80 0, L. 91.


266. Appointment, term, and who ineligible.
267. Bond.
268. Shall enforce all laws on insurance.
269. May appoint a chief clerk, and other

clerks and assistants.
270. Office, and how and from what fund

salaries paid. 271.

His certificates, assignments and con

veyances, and copies from his

office. 272. Examination of companies doing busi

ness in the state. 273. Power of examiners, 274. Proceedings against unsound life or

joint stock companies. 275. Proceedings on default of such com

panies to comply with requisitions. 276. Proceedings against unsound mutual

companies. 277. Proceedings against unsound foreign


278. Records and annual reports.
279. Annual valuation and examination of

life companies.
280. Shall furnish blanks for statements by

companies. 281. Securities shall be deposited with state

treasurer. 282. Fees to be paid by companies. 283. Licenses required of agents. 284. Annual publication by companies. 285. How agents of foreign companies ap

pointed 286. How life

company may discontinue

business. 286a. Wi drawal of securities. 287. Companies organized under federal

laws made subject to this chapter. 288. Penalty. 289. Insurance business unlawful except un

der this chapter.

$ 266. Appointment and term-Who ineligible

The superintendent of insurance shall be appointed by the governor, by and with the advice and consent of the senate, and hold his office for three years; and no person shall be appointed who is not an elector of this state, or who has any official connection with an insurance company, owns any stock in such company, or is interested in the business thereof, except as a policy holder. 69 v. 32, $ 2.

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