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tees or agents complained of, and inquire into the truth of such charges, and for this purpose he may receive affidavits; or enforce, by process from the court of common pleas of Franklin county, the production of papers, and the attendance of witnesses before him; and if, on testimony or other evidence, he believes the charges, or any of them to be true, he shall proceed, by action in that court, in the name of the state, against the delinquent trustee or trustees, fiscal agent or agents, and, on the hearing, the court may direct the performance of any duty, or the removal of all or any of the agents or trustees, and decree such other aud further relief as may be equitable. 75 v. 135, $ 6.
$ 3771a. How number of trustees of certain colleges in
creased The board of trustees of any university or college heretofore incorporated, but not under the patronage of conferences or other ecclesiastical bodies of any religious denomination, as described in section thirty-seven hundred and thirty-six, may increase the number of such trustees to twenty-four, exclusive of the president, or a less number, and may divide said trustees into six classes, each class to serve six years, and one class to be chosen each year for said term; but one trustee of each class may be chosen by the votes of the alumni of such university or college, if the board of trustees shall so provide by by-law, in which case it shall also be the duty of the board of trustees to provide, by such by-laws, a method of nominating and electing such appointee of the alumni. The president of such university or college shall, ex-officio, be a trustee perpetually, and shall not be included in the classes going out in rotation. If it shall be necessary, in the first enlargement of the board of trustees, under this section, to distribute new members to the several classes, whose terms shall expire by rotation, the distribution may be made in such manner as the board may direct, so that no trustee shall be elected for a longer term than six years. 87 0. L. 187.
RELIGIOUS AND OTHER SOCIETIES.
When language of church service may
be changed. 3773
When and how religious corporation
may sell cemetery grounds. 3773-1. Conveyance of cemetery to town
When trustees may apply to court for
order to sell property. 3775,
Notice by publication, and judgment. 3776. When trustees may convey church
sites to corporations. 3776-1. Transfer of certain property. 3777. Consolidation of religious corporations. 3778. Record of certain proceedings to be
certified, etc. 3779 Articles of incorporation, and filing of
incorporated. 3790. Expired corporations may have bene.
fit of last section. Fiscal trustees of women's benevolent
Powers and duties of fiscal trustees. 3793. Other associations may accept these
provisions. 3793a. Consolidation of charitable or benevo
lent societies. 3793b. Ratification of agreement. 37930. Votes; agreement to be file 3793d. Power to complete agreement. 3793e. Recording certificate of agreement. 3793f. Constitution, by-laws and rules 3793g. Rights and powers. 3793h. Control of trust property. 3793i. Proceedings authorizing conveyance
of land. 3793j. Notice of petition. 3793k. Subsequent union and consolidation. 3794.
When and how religious societies may
sell real estate.
Powers of women's Christian asso
3780. Property passes to new corporation. 3781. Transfer of property after union of as.
sociations. 3782. Notice of application therefor. 3783. Associations for holding donations and
bequests. 3784. Endowment fund corporations. 5785. Powers of trustees of such corpora
tions. 3786. Further powers of such trustees. 3787. When and how property of extinct
corporations may be sold. 3787a. Disposition of funds from sale of
property of extinct parish, etc. 3787b. Further provisions as to disposition of
$ 3772. When language of church service may be
changed Any religious society incorporated under a general or special law of this state, and which act of incorporation prescribes that the public religious services of such society shall be conducted in any other than the English language, may [at] any time, by a vote of a majority of its adult members, in good and regular standing, who speak such prescribed language, decide whether its public religious services may, at any time, be conducted in any other than such prescribed language. 65 v. 163, § 1; S. & S. 162.
$ 3773. When and how religious or educational corpora
tion may sell cemetery groundsWhen a religious or educational corporation or society holds any lands within the limits of any city or village which has [have] been used as a cemetery, and interments in which have been prohibited by the ordinances of such municipal corporation, the trustees, wardens, vestry, or other officers intrusted with the management of the property of such corporation or society, may file a petition in the court of common pleas of the county where such property is situated, setting forth therein a description of the property, the existence of such ordinance, and the names of all persons holding burial privileges in such cemetery, so far as known to them, and if such privileges are held by persons whose names are unknown to them, the facts as to same, shall also be stated, and asking that the value, if any, of such burial privileges shall be determined by the court, and [the] direction of the court as to the removal of the bodies interred in such cemetery to other cemeteries, and for an order to sell such property free from such burial privileges. Notice of the filing of such petition shall be given by publication in some newspaper, printed and of general circulation in the county where it is filed, for four consecutive weeks, setting forth the object and prayer thereof; and that any persons claiming an interest in the subject-matter of the petition, or burial privileges in such cemetery, may appear and file an answer therein, within six weeks from the date of the first publication of such notice, and after which, such case shall stand for hearing; and if, upon final hearing of the case, it shall be made to appear that such cemetery is as above described, the court shall proceed, with or without the aid of a jury, as the parties appearing may elect, and hear and determine the value, if any, of such burial privileges, and order that the corporation or society shall pay any amount so ascertained to the holders of such privilege, and the court may order said cemetery property sold, free from such burial privilege, and may direct a subdivision of same into lots for the purpose of sale, and shall direct the application of the money arising therefrom, to such uses of such corporation or society, for pious or educational purposes, as the trustees, wardens, vestry, or other officers conceive to be most for the interest of the corporation or society to which the cemetery so sold belonged; but such sale shall not be made until the bodies interred therein are removed to other cemeteries, as directed by the court on the final hearing of the case; provided, that any holder of such burial privilege who may not have appeared in such proceeding, and who has not waived his right to receive compensation for same, may assert his right to receive from such society or corporation, compensation therefor, within five years after the final entry to such proceedings. 87 0. L. 189.
(3 3773-1.) Sec. 1. Conveyance of public burying ground
from religious or benevolent society to town
ships using sameWhenever any public burying ground is located on or near a township line, and is used by the people of two or more townships for burying purposes, the title of which is vested in any religious or benevolent society, such religious or benevolent society, or the trustees thereof, may convey the same to the trustees of such townships so using the same, and their successors, in office, jointly; and the trustees of such townships shall accept the same and shall jointly take possession of the same, and take care and keep the same in repair, as required as to public burial grounds in and belonging to the respective townships, and each township shall bear an equal share of the expenses thereof; and the trustees of each township shall levy needful taxes in that behalf, not exceeding in any one year more than one-fourth of one per cent. go O. L. I5I.
§ 3774. When trustees may apply to court for order to sell
propertyWhen the title of any real estate is vested in trustees for the use of churches, or congregations of churches, and, owing to the peculiar situation of such real estate, or the nature of the trust or conditions upon which it is held, it has not been for twenty years claimed by or appropriated to the use of churches or congregations, as originally contemplated, and such trustees are in doubt as to what disposition to make of such unappropriated church property, and when any public church-site and meeting-house has been abandoned by the public as a place of worship, and the trustees invested with the title of such property have sold the same, and are in doubt as to what disposition to make of the proceeds thereof, such trustees may file a petition in the court of common pleas of the county where the property is situate, setting forth all the facts in the case, and asking the direction of the court as to the proper disposition of such unappropriated property or proceeds. 65 v. 84, S I; S. & S. 164.
See Wiswell v. First Cong. Church, 14 Ohio St. 31; Mannix v. Purcell, 46 Ohio St. 102; and In re Shoup et al., Trustees, 16 B. 71 (C. P.).
Sale without authority from court is void. S. S. Ass'n. v. Espy, 17 C.
$ 3775. Notice by publication, and judgment
Notice of the filing of such petition shall be given by publication in some newspaper printed and 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, church, or congregation, claiming an interest in the subject-matter of such petition, may appear and file an answer therein; and the court, on final hearing of the case, shall make such order or decree therein as will best secure the rights of the churches or congregations or persons having an interest therein, and as will best promote the interests of religion, having regard, as near as may be, to the nature and terms of the original trust or purpose with which such property or proceeds is charged, and shall tax the costs of the proceeding as justice and equity require. 65 v. 84, S 2; S. & S. 165.
$ 3776. When trustees may convey church sites to con
gregation-Church site subject to payment of
judgmentWhen any real estate has been purchased by or conveyed to trustees for the use of churches or congregations, as sites for meeting-houses to be erected thereon, and such churches or congregations have erected houses of worship thereon, but no power is possessed by such trustees to convey such real estate to such congregations, or to the trustees thereof, such trustees may convey such improved sites to the trustees of such congregations; provided, however, that where an incorporated religious congregation, society, association, sect or denomination use or occupy, as and for a place of worship, real estate which is held in trust for such religious congregation, society, association, sect, or denomination, or the members thereof, as and for a place of worship,