cover possession thereof, to remove trespassers therefrom, and to recover damages for injuries to the same, or to any fence or hedge, or any tomb or monument thereon. The trustees are also empowered to inclose the grounds with a fence or hedge, to keep them inclosed and in good repair, and to levy a tax for that purpose, not exceeding one-half of one mill in any one year, upon all the taxable property of the township. 1473.

When interments shall be prohibited. It is the duty of the trustees to prohibit interments in any such cemetery when new grounds have been procured for township cemetery or burial-ground, and when such old cemetery is in or near a village or town plat, and the public health is liable to be injured by further interments.

1473.

Penalty for neglect of duty by trustees.—Any trustee neglecting or refusing to perform the duties required of him, as set forth in the three preceding paragraphs, thereby becomes liable to a fine of not less than five nor more than twenty dollars, to be recovered by action in the name of the trustees for each offense; and when collected, the fine is required to be paid over to the treasurer of the township, within ten days thereafter, to be applied by the trustees to repairing the cemetery or burying-grounds. 1473.

Trustees may appoint directors of cemetery.-The trustees. may appoint three directors to take charge of any cemetery in the township, the control of which is vested in the trustees, and the order appointing the directors must designate by name the cemetery or cemeteries over which they are to have supervision. The first directors appointed are to hold their offices for one, two, and three years respectively from the second Monday of May, after their appointment, and until their successors are appointed and qualified; and, thereafter, one director is to be appointed to serve for three years from the second Monday of May of each year. The directors are to be governed in the discharge of their duties by the same laws that govern township trustees in the control of cemeteries, in so far as the same are applicable. 78 Ohio Laws, 125.

Soldier's monuments.-In any township in which the cit izens have erected, or may hereafter erect, a monument to commemorate the volunteers thereof, who died in the service of the United States or of this state, during the late civil war, either upon public grounds of such township, or upon grounds donated or procured by the citizens for that pur pose, and which they have caused or may hereafter cause to be inclosed, the trustees are authorized to take charge of such monument, grounds, and inclosure, and keep the same in repair, at an expense of not more than fifty dollars in any one year, and not more than an average of twenty-five dollars in each year, to be paid out of the township funds. 1475.

SECTION 2. JOINT CEMETERIES.

Burial-grounds on township line.-When any public bu rial-ground is located on or near a township line, and is used by the people of two or more townships for burial purposes, it is required that the trustees of such townships shall jointly take possession of the same, and take care of and keep the same in repair, as required as to public burial-grounds in and belonging to the respective townships, and the trustees of each township are required to levy needful taxes in that behalf, not exceeding in any year one-fourth of one per cent. 1474.

Two or more townships may join in establishing cemetery.Two or more townships may join in establishing and maining a cemetery, and for this purpose the trustees have the same powers, are to be governed by the same rules, and proceed in the same manner as provided for municipal corporations and townships uniting for that purpose. 1474.

Townships and municipalities may jointly establish cemetery. The councils of municipal corporations and trustees of townships, whether one or more of each, when conveniently located for that purpose, may unite in the estab lishment and management of a cemetery, by the pur

chase or appropriation of land therefor, not exceeding one hundred acres in extent 2532.

Election of trustees in such case.-When two such bodies unite for cemetery purposes, the corporation or township having the larger number of voters at the last preceding annual election for corporation or township officers is required to elect two trustees, and the other corporation or township one trustee; and thereafter each corporation or township will be entitled to two trustees every alternate year. When three such bodies unite for such purposes, each of such corporations or townships will be entitled to one trustee. When four or more such bodies unite for such purposes, the three corporations or townships having the largest number of voters at the last election will be entitled to elect one trustee each, and at the next annual election the corporation or township having the largest number of voters at the last election will not be entitled to a trustce, but the corporation or township standing fourth in the number of voters will be entitled to a trustee, and so on in rotation, so that each corporation and township shall be without a trustee at regular intervals corresponding with the number of bodies that may be so united. All vacancies in the board are to be filled by a joint session of all township trustees and village or city councils interested. 2533.

How appropriations of land shall be made.-When an appropriation of land for such purpose becomes necessary, it is to be made by the municipal corporation, or if there be more than one such corporation, then by the one having the largest number of inhabitants at the last federal census, which corporation, in making the appropriation, is required to act for itself and any other corporation or township uniting with it, and the proceedings are to be the same as where the appropriation is made by the corporation alone. 2534.

Title, how vested.-The title to such cemetery grounds is to be held by the corporation making the appropriation, in trust for the use of the inhabitants of the townships and

corporations interested; and provision is required to be made for the interment in such cemetery of all persons buried at the expense of the corporations or townships. 2535.

Expense of purchase and taxation.-The expense of the purchase or appropriation is required to be borne by the corporations and townships in proportion to the property of each on the duplicate for taxation. Any bonds issued are to be in the same proportion, and the rate of taxation for all such cemetery purposes the same in township and corporation. 2536.

Control of cemetery.-Such joint cemetery is by law placed under the control and management of the said trustees of cemeteries, and their authority over the same, and duties in relation thereto, are the same as where the cemetery is the exclusive property of a single corporation For which, see the Revised Statutes, sections 2521 to 2531, inclusive. 2537.

Corporation may protect by ordinance, etc.-The council of any city or village owning a cemetery in common with a township may pass and enforce all ordinances to carry into effect the provisions of the statute, and such as may be deemed necessary for the preservation and regulation of such cemetery; and, for the punishment of any person violating the ordinances, rules, and regulations relating to such cemetery, the mayor and police officers of the city or village have the same jurisdiction and authority over it as if the cemetery were situated within the corporate limits.

2538.

Equal rights of township and corporation.-No discrimination can be made by the trustees of joint cemeteries, in favor of any township or corporation, but affairs of the cemetery are to be in all respects managed as if owned and governed by the corporation or township alone. 2539,

Joint meeting of trustees and council.—It is provided that the trustees of the township and the council of the corporation, where there is but one of cach, shall have a joint meeting at the council chamber, on the day of the first regular meeting of council in the month of May, for the

purpose of determining the rate of tax to be levied for such cemetery purposes; and, upon the passage of a joint resolution by the majority of the members of the council and trustees, fixing the rate of taxation, it is made the duty of the clerk of the corporation to certify such rate to auditor of the county for assessment and collection. 2540.

Jont nectings in other cases. — -Where there is more than one corporation or township united with another corporation or township for cemetery purposes, the councils and trustees of townships become a joint body, with the same powers as if there had been one corporation and one township, and the clerk of the corporation having the greatest number of inhabitants is to certify the rate of taxation to the county auditor. 2540.

Joint meetings to make rules, etc.-The trustees of any township or any council interested may at any time call a joint meeting, on reasonable notice, for the purpose of making or changing joint rules and regulations for the government of the cemetery, and making such orders as may be necessary for the application of the moneys arising from the sale of lots, and from taxes or otherwise.

2541.

Vote and record.—At all joint meetings, each member of the council, and each of the trustees, is entitled to one vote in determining all questions, and the proceedings are to be recorded by the corporation clerk, and, in case of more than one corporation, by the clerk of the corporation containing the largest number of inhabitants. 2542.

Adjoining township may be admitted to participate.-Any township adjoining one in which a joint cemetery has been established may, by consent of the trustees of the township, and the council or councils of the corporation or corporations, be admitted to an equal participation with the inhabitants thereof, in the rights and privileges in such cemetery, upon such terms as may be mutually agreed upon; but the title and control of the cemetery will remain vested in the corporation, and any such corporation or township may, by resolution of the council or trustees, and with the consent of all the townships and corporations interested, withdraw from the management and control of such cemetery, and relinquish all interest therein, and thereupon the management and control of the cemetery will vest in the remaining corporations and townships, 80 Laws 6. 2543.

Lands previously held may be made use of. In establish