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AT f M?lt HZ h i TEEMS $1,50 IN ADVANCE VOLUME 19-NO. 6. CADIZ, OHIO, WEDNESDAY, MAY 26, 1852. : 1 1 W IB MOT RUUi 11 ii l 1U 11 m LAWS OF 0 H 10. No. 75. AN ACT to provide for the organization of Cities and incorporated Villages. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That all corporations which existed when the pre ent constitution took effect, for the pur poses of municipal government, either general or special, and described or de nominated in any law then in force, as ci ties, towns, villages, or special road dis tricts, shall be, and they are hereby or ganized into cities, and incorporated vil lages, with the territorial limits to them respectively prescribed, or belonging, in manner following: All such municipal c t porations, as in any such law are denomi ' ted cities, shall be deemed cities; and those denominated towns, villages, or spe cial road districts, shall be deemed incor porated villages; to be respectively gov erned as cities, or incorporated villages, and in case of the latter, fur general or special purposes, as provided iu this act; and all acts now in force, for the organi zation or government of any such muni cipal corporations, shall be, and they are hereby repealed; Provided, that such re peal shall not destroy, or bar, any right of property, action, or prosecution, which may be vested, or exist at the lime this act takes effect. Sec. 2. When the inhabitants of a part of any county, not embraced within the limits of any city or incorporated vil tige, shall diisire to be organized into an in - corporated village, they may apply by peti- tion, in writing, signed by the inhabitants so applying, to be iu number not less than thirty qualified voters, to the county com missioners of the proper county; which petition shall describe the territory pro posed to be embraced in such incorporated village, and have annexed thereto an" ac curate map or plate thereof; shall state the name proposed for such incorporated vil lage, and in case the same be for the pur pose of a road district only, shall so state, and shall also name the person or persons authorized to act in behalf of the petition ers in prosecuting said petition. Sec. 3. When any such petition shall be presented to the county commissioners, they shsll cause the same to be iiled in the office of the county auditor, to be there kept, subject to the inspection of any per son or persons interested, until the time appointed for the hearing thereof; the said commissioners shall, at or before the J ,. time of such filing, fix and communicate j "to such petitioners or their agent, a time I and place for the hearing of such petition, which time shall not bo lcs than sixty i days after this time of such filing, and ' thereupon the petitioners, or their agents, shall cause a notice to be published in some newspaper of general circulation in the county, not less than six consecutive weeks, and a copy of such notice to he posted at some public place, within the limits of the said proposed incorporated village, not less than six consecutive weeks before the time of such hearing; which notice shall contain the substance of said petition, and state the time and place ap pointed for the hearing thereof. Sue. 4. Every such hearing shall bo public, and may be adjourned, from time to time, or from place to place, and any person interested may appear and contest the granting of said petition, and affida vits in support of, or against said petition, which may be prepared and submitted, shall be examined by said commissioners, and they may, in their discretion, permit the agent, or agents, named in the origi nal petition, to amend or change the same, except that no amendment shall be per mitted whereby territory not before em braced shall be added, or the character of ! the proposed incorporated village chang ed, from general purposes to special, or . from special to general", without appoint ing another time for hearing, and requir ing new notice to be given as above pro ' ' , : vided. Sko. 5. If the county commissioners, after hearing such petition, shall be satis ' , lied that at least fifty qualified voters ac ,' tually reside within the limits' described ' in the petition, and that said petition has , ' been signed by a majority of them; that said limits have been accurately describ ed, and an accurate map or plat thereof . . made and filed; that the name proposed for the said incorporated village, is pro- ' per and sufficient to distinguished it from others. of lik kind in the State; and it ; shall moreover, be deemed right and pro , pel1, in the judgment and discretion of said commissioners, that said petition shall ! J)b granted; then, they shall make and " endorse on the said petition, an order, to ' i. tb effect that the incorporated village, as ! .named and described ip the petition, may ,1)6 organized; which order said commis-, r,,' . 'doners, or a majority of them, shall sign " and deliver, . together with the petition 'and the map or plat, to the recorder of jtheir county, whose duty it shall be to re cord the same.as soon as may be, in the proper book of records, and to file and i- vi preset ve in his office the original papers, '" ' having certified thereon, that the same have been properly recorded; and it shall, -.vs. a5? l'ie duty of said recorder, to make j out apd certify, under his official seal,, two transcripts .of said record, "one of f hich he shall forward to the Secretary ""of State, end the other be shall deliver to -t.: the agent,, or Bgpnts, of said petitioners, '" -With a certificate thereon, that a similar J ; transcript bail' been forwarded to the & !i'eretary of State, as above provided. ;.... Sko. 6. So soon as said record shall c?i' b0 made," and said.transciipta certified. and forwarded, and delivered, the inha ';''fi; ";. , bitanU within the limits describpd in the petition,' shall be deemed ar incprporated village, to be organized and governed un J jjef tfy' provisions of this act, iri like man-.i , vjer W specially named therein;-and so 0on jus said incorporated village shall be Wetually l.orfianizea, ' 'by an election, of its wif '.officers," aa hereinafter provided,' notice of judicial proceedings in the State. '''", Sec. 7. Two months shall elapse from the lime such transcripts nre forwarded and delivered, before notice, shall be given of an election of officers, in any such in corporated village, and any person inter ested, or the prosecuting attorney of any county, may, at any time wichin said two months, make complaint in writing, in the nature of an application for an injunc tion to the court of common pleas of the county, or the Judge thereof in vacation, having given nt least five days notice thereof, and furnished a copy of the com plaint to the agent or agents of the peti tioners, for the purpose of having the or ganization of such proposed incorporated village prevented. It shall be the duty of the court or judge to hear such com plaint in a summary manner, receiving answers, affidavits and proofs, as mny be deemed pertinet; and if it shall appear that the proposed incorporated village does not contain the requisite number of inha bitants, or that a majority of them have not signed the petition, or that the limits of said proposed incorporated village are unreasonably large, or small, or are not properly and sufficiently described, then the said court or judge shall order, that the record of said incorporated village shall be annulled; and it shall be the duty of the county recorder to endorse on the record the order so made, and to certify and transmit to the Secretary of State a copy thereof; and thereupon the record shall be of no eil'oct; but such proceeding shall in no manner, bar a subsequent pe tition to the county commissioners. Skc. C. Unless the agent or agents of the petitioners shall, within two months after a transcript shall be delivered, asa bove provided, be notified of a com plaiut having been made to the court of common pleas, or a judge thereof, then at the end ol said two roontlis; arm in case 1 of any such complaint, then at the end of j said two months, and after the dismission j of said complaint, the said ageutor agents j shall give public notice, by posting the i same at three or more public places with- in the limits of such incorporated village of the time and place of holding the first i election for officers of said incorporated ! village, which election shall be conducted, i and the officers' elected and .qualified, in j the manlier prescribed by law in like j cases; Provided, that ifsuid election shall be had at any time oilier than that pre- ) scribed by law for the regular election of ; such officers, the officers elected shall con- , tinue in office, so long, and in like man ner, as if they had been elected at the next preceding period of such regular eleo- j tion. i Skc. 9. When the inhabitants of a part ol'any county, contiguous and adjoin- ; ing to any city or incorporated village, shall desire to be annexed to such city or incorporated village, they may apply, by petition in writiny;, to the county commis- i sioners ol trie proper county, signeu uy the inhabitants so applying, to be iu num ber not less than a majority of the quali fied voters, which petition shall describe the territory proposed to be annexed, and be accompanied by an accurate map or plat thereof; and shall name the person or persons authorized to act in behalf of the petitioners in prosecuting said petition. Sec. 10. When any such petition shall be presented to the said county commis sioners, they shall cause the same to be filed, and like proceedings shall bo had for a hearing thereof, as is prescribed by the fourth and fifth sections of this act; and if the county commissioners, after such hear ing, shall be satisfied that at least ten qualified voters, and having a freehold 'iulcrckt in the territory proposed to be annexed, and who actually reside within the limits described in the petition, and that said petition has been signed by a majority of them, that the said limits have been accurately described, and an accu rate map thereof made and filed; and it shall moreover be deemed right and pro per, in the judgment and discretion of said commissioners, that said petition should be granted; then they shall make and endorse on the said petition, aa order, to the ef fect that the territory described in the petition may be 'annexed to, and become a part of the city or incorpo rated village named in said petition; which order, said commissioners, or a majority of them, shall sign and deliver, together with the petition and map or plat, to the clerk of such city or incorporated village. Skc. 11. No further action shall be taken on such order for the space of two months, and within that time any person interested, or the prosecuting at torney of the county, may, in like man ner a is provided in the seventh sedion of this act, institute, a proceeding to have the proposed annexation prevented; and if it shall appear to the court or judge, hearing such proceeding, that a majority of the qualified voters, freeholders us a foresaid, actually residing within the lim its described in such petition, have not signed the same, or that the territory pro posed to be annexed is unreasonably large, or that said territory is not properly and sufficiently described, ho shall make an . order to restrain any further action, un der the order of the county commission- . ers, and annulling the same; but such proceeding shall not bar any subsequent petition to the county commissioners. . , Sec. 12. ; When any complaint shall , be made, as before provided, to prevent an annexation of territory, notice thereof . shall be given, as well to the proper au thority of such city or incorporated vil- K lage, as to the agent or agents of the pe titioners, and if no such notice shall bo ' given, within two mouths after the delive ry of the order of the county commission - . rs, to the clerk of said city or incorpora- i ted village, then, at the end of said two months, and within one year, and in case of any such complaint, then at the end of .said two months, and after the dismission (.of said complaint, Hnd..v.ii.hiu one i year r. thereafter,; tlw proper authority of suoh city or incorporated village, shall provide i by ordinance, or resolution, for tho sub-, mission to the qualified voters, at the next recrular annual election of municipal officers, of the question whether suebjau nexation shall be made; and if a majority of the qualified voters of such city or in corporated village, voting at such election, shall vote in favor of such annexation, then on the return of such vote to the proper authority of such city or incorpo rated village, a resolution or ordinance shall be adopted or passed, declaring that the territory described in the petition, has been annexed to, and is a part of such city or incorporated village, and it shall be the duty of the clerk of such city or incorporated village, to make ouc two copies of the petition, plat, order of the county commissioners, abstract of votes and resolutions or ordinances, in relation to such annexation, with a certi ficate that the same are correct, attested by the seal of such city or incorporated village, and he shall deliver one of the said copies to the recorder of the county, whose duty it shall be, having first made a record thereof in the proper books of re cord, to iile and preserve the same; and the other of said copies, shall be forwarded by the clerk of sid city or. incorporated village, to the secretary of state. Skc. 13. So soon as said resolution or ordinance declaring such annexation, has been adopted or passed, and said copies transmitted, delivered and recorded, the said territory shall be deemed, and taken to be a part and parcel of the limits of said city or incorporated village; and the inhabitants residing thereon, shall have and enjoy all the rights and privileges of the inhabitants within the original limits of such city or incorporated village. See. 11 When any municipal corpo ration, shall desire to annex any con tiguous territory thereto, not embrac ed within the limits of any city or incor porated village, it shall be lawful for the trustees or council of the corporation pro posing such annexation, to submit the question to the qualified electors of the corporation by an ordinance passed for that purpose, at least one month before some general election in April or Octo- ber; if a majority of the qualified voters of the corporation voting on the question, j shall vote in favor of such annexation, ! the said corporation shall present to the i county commissioners of the proper coun i ty, a petition, praying for such annexa j tion, which petition shall describe the ter- ritory proposed to be annexed to such municipal corporation, and have attached ; thereto an accurate map or plat thereof; ( and like proceedings -shall be had upon said petition, as are provided in the third, fourth, fifth,, sixth, and seventh sections of this act, so fir as the same may be np- plicable; and if, within two months after ' a transcript shall be delivered as above ; provided, no notice of a complaint against such annexation sh sill be given, according i to the provisions of this act, then, at the ! end of said two months, and in case of any such complaint, then at the end of said two months, and after the dismission of said complaint, the said contiguous ter ritory proposed to be annexed, shall be in law deemed and taken to be included in, and shall bo a part of said municipal cor poration, and the inhabitants thereof shall, iu all respects, be citizens thereafter of the said municipal corporation. j ' Skc. lo. When any municipal corpo- j ration, the territory of which shall be con- tigtious to and adjoining that of another municipal corporation, shall desire to be annexed thereto, it shall be lawful for tho trustees or council of the corporation pro posing such annexation, to submit the question to the qualified electors of the corporation, by an ordinance passed for the purpose, nt least one month before some general election in April or October; the trustees or council of tho municipal corporation to which the annexation is proposed to bo made, may in like manner submit the question to its qualified voters; if a majority of the qualified voters of each of the two corporations voting on the questionattho same general election, shall vote in favor of such annexation, the trus tees or council of each corporation may appoint three commissioners, who shall arrange the terms and conditions of the annexation, and submit tho tame for ap proval to the trustees or council of the re spective corporations; and the same being duly approved, by an ordinance passed for the purpose by each corporation, certi fied copies thereof, signed by the presiding officer of the trustees or council of each corporation, and the clerk, and attested by its corporate teal, shall be filed in the of fice of the clerk of the corporation to which such annexation shall be proposed to bo made; and it shall be the duty of such clerk, under the direction of such corpo ration, to make out and certify two tran scripts of all the ordinances, abstracts of the returns of the votes, and other papers relating to such annexation, one of which shall be filed in the olfice of the recorder of the county, who, having made a record,, thereof, shall file and preserve the same; and the other of said copies shall be for warded by said clerk to the Secretary of State. ; " .... Sko. 16. So soon as said transcripts shall be Certified and delivered, and for-, wardtd; the said annexation bhaU he . deemed complete; and it shall be lawful ,' for the corporation to which tho annexa tion has been made, to pass such ordi nances as will carry into effect the terras . of such annexation, so far as the same shall not be inconsistent with this act, nnd with the regular and proper govern ment of such corporation under the provi sions theieof; and any part of such terms, so inconsistent shtill bo deemed void; but their nullity shall in no manner effect such annexation; and the two former corpora tions shall thereafter be governed as one, embracing the territory of both; and inha , bitants of all such territory shall have e-" qual rights and privileges; Provided, such annexation shall not elfect, or in any way ' impair any rights or liabilities existing at. . the time of such anriextion, either, in fa vor o or against said corporations; and suits founded upon suoh rights and liabili-' ties may bo commenced, and pending suits prosecuted and carried to anal judg nent ""d execution, the same as though - ' such annexation had not taken plafe. Sec. 17. It shall be the duty of the Secretary of State to receive and pieserve in his office, all papers transmitted to him in relation to the organization of incorpo rated villages, or the annexation of terri tory to any city or incorporated village, or the consolidation i municipal corpora tions, and he shall prepare for, and sub mit to the General Assembly, at each reg ular session thereof, a report, showing the names location, and limits of such incor porated village, organized under this act, previous to the time of making up said re port; and ajso the cities and incorporated villages, the limits of which have been in creased under this act, previous to the same time, and the limits so added. Sec. 18. Cities or incorporated vil lages, organized or to be organized under this act, be and they are hereby declared to be bodies politic and corporate, under the name and style of the city of , or the incorporated village of , as the case may be; capable to sue and be sued, to contract, and be contracted with, to acquire, hold and possess property, real or personal; to have a common seal, and to change and alter the same at plea sure; and to exercise such other powers, and lo have such other privileges, as are incident to municipal corporations of like character or degree, not inconsistent with this act, or the general laws of this State. Skc. 19. All municipal corporations organized, or to be organized under this act, except incorporated villages for spe cial purposes, shall have the general pow ers and privileges, and be subject to the rules and restrictions granted and pre scribed in the twenty succeeding sections of this act. Sec. 20. They shall have power to prevent injury or annoyance .within the limits of the corporation, from any thing dangerous, offensive or unhealthy, and to cause any nuisance to be abated; to regu late the transportation and keeping of gun powder or other combustibles, and to pro vide or license magazines for the same; to prevent and punish fast or immoderate riding of horses, or driving or propelling of vehicles through the streets; to estab lish and regulate markets; to provide for the measuring or weighing of hay, wood, coal, or any other article for sale; to regu late the transportation of articles through the streets, and to prevent injuries to the streets from over loaded vehicles; to pre vent any riots noise, disturbances, or dis orderly assemblages; to suppress and re strain disorderly houses, houses of ill fame, billiard tables, nine or ten pin al leys or tables, and ball alleys, and to au thorize the destruction of all instruments and devices used for the purpose of gam ing; and to protect the property of the municipal corporation, and its inhabitants, and preserve peace and good order there- ! ill;' j Sec. 21. They shall have power to provide for the regular building of houses; to make regulations for the purpose of guarding against dangers from accidents by fire; and on petition of the owners of not less than two-thirds of the ground in any square, to prohibit the erection in any such square, of any building, or any addition to any Jbuilding, more than ten feet high, unless the outer walls thereof be made of brick and mortar, or of iron, or stone and mortar, and provide for ihc removal of any buildings, or additions, c rected contrary to such prohibition. Sec. 22. They shall have the power lo provide a supply of water, by the con struction and regulation of wells, pumps, cisterns, reservoirs, or water works; to prevent the unnecessary wasjc of water, to prevent pollution of the water, and in juries to the water works; and for the pur pose of establishing or supplying water works, any municipal corporation may go beyonds its territorial limits; and its juris diction to prevent or punish any pollution or injury to the stream nr source of water, or to the water works, shall extend five miles beyond its corporate limits. Skc. 23. They shall have power to regulate the burial of the dead; to pro vide without the limits of the corporation, places for the interment of the dead, and prevent any such interments within such limits, and to carry into eil'ect any prohibition against interments within the limits of the corporation; may not only im pose proper fines and penalties, but shall also have power to cause any body inter ed contrary to such prohibition, to be ta ken up and buried without the limits of the corporation.' ' Sec. 24. They shall have power to restrain and regulate the running at large of cattle, horses, siwne, sheep, and other animals, the property of any person resid ing within the limits of the corporation; and to authorize the distraining, impound and sale of the same, for flie penalty in curred, and cost of proceeding; to prevent the running at large of dogs, and injuries and annoyance therefrom, and to autho rize the destruction of the same, w hen at large, contrary to any prohibition to that effect. Sec. 25. They shall have power to re gulate or prohibit all theatrical exhibi-' lions or public shows, and all exhibitions . of whatever name or nature, for which money, or any other reward, is in any manner demanded or received; Provided, that lecturers on scientific, , historical or literary subjects, shall not come within the provisions of this section; to regulate or prohibit the sale of horses, or other do mestic animals at public auction,- in the streets, alleys, or highways; to regulate nil carts, wagons, drays, hackney coach es, omnibusses, and every description of oarriagas which may be kept for hire, and all livery stables; to regulate taverns, and other: houses for public entertainment,' and to regulate or prohibit ale and por ter shops and houses, and places for sig- ' nificantor habitual resort for tippling and intemperance.-. , ; ,, i - Sko. 26. They i shall have power to lay off, open, ' widen, straighten, extend and establish, to improve and keep in or der and repair, and to light streets, alleys,'' public grounds, wharves, landing places, and market spaces; to open and construct, and keep in order end repair; sewers and s) -, .: i, . , ,S -t' i "' drains; to '"enter upon or take for such of the above' purposes as may require it, land or material; and assess and collect a charge on the owners of any lots or lands, or on the lots or lands; through or by which a street, alley, or public highway shall pass, for the purpose of defraying the expense of constructing improving' repairing, or lighting such street, alley, or public highway, to be in proportion, either to the feet front of the lot, or land abutting on such street, alley or highway, or to the value of such lot or land, as as sessed for taxation under the general law of the state, aa such municipal corpora tion may in each case determine; and they shall also have power to provide by ordinance, for the lighting of any railway, or any portion thereof, which may be lo-. cated within the corporate limits of such town or city, t nder such restrictions and upon such terms as the city or town coun cil shall prescribe. Sec. 27. When it shall be deemed ne cessary by any municipal corporation, to enter upon, or take private property, as above provided, an application in writing shall be made to the court of common pleas of the proper county, or to the judge thereof in vacation, which application shall describe as correctly as may be, the prop erly to be taken, the object proposed, and the owners of tho property, and of each lot or parcel thereof known; notice of the time and place of such application shall be given, either personally, in the ordina ry manner of serving legal process, or by publishing a copy of the application, with a statement of tho time and place at which it is to be made, for three weeks next pre ceding the time of the application, in some newspaper of general circulation in the county; if it thall appear to the court or judge, that such notice has been served five days before the time of application, or has been published as above provided, and that such notice is reasonably specific and certain, then the court or judge may set a lime for the enquiry into, and as sessment of compensation, by a jury in the court of common pleas; mid if such court shall not be in session at the day so fixed for such enquiry, and assessment of compensation, then the judge of the court of common pleas of the subdivision in which such property is situated, or in case j of his absence interest or disability, then , any other judge of said court within the j district, shall hold a special term of said j court, for the purpose of hearing and de- J termining such enquiry and assessment, j and shall direct a jury to be summoned j for the purpose of making such enquiry, in the same manner that petit jurors are summoned in the court of common pleas for other purposes; which enquiry and assessment shall be made at the time up pointed, unless, for good cause, continued lo another day to be specified; if at the time of such application it shall appear that any of the owners of the property are infants or insane, a guardian adlitem shall be appointed, the municipal corpo ration may be required to file a more lull and accurate description of the property to be taken, and the object proposed, and maps, plats and surveys if necessary or proper. The assessment shall be made, so that the amount payable to each owner may be ascertained, either by allotting it to each owner by name, or on each lot or p;iroel of land, and the enquiry anil assess ment shall in other respects ho made by the jury, under such rules and instruc tions as shall be given by the court. The jury shall be sworn to make the whole en quiry and assessment, but may be allowed to return a verdict as to part, and be dis charged as to the rest, in the discretion of the court, and in case a jury shall bo dis charged from rendering a verdict in whole or in part, another shall be impaniiclled at the earliest convenient lime, wiio shall make the whole enquiry and assessment, or the part not made, as the case may be. Skc. 20. So soon as the amount of compensation which mny be due lo the owners of the property to be taken, or to any of them, shall have been ascertained by the jury, the court shall make such or der as to its payment, or its deposit, as shall be deemed right and proper in respect to the time and place of payment, ordepos it or to the perons entitled toreceivepayment and theproportion payable toeach.iind may require adverse claimants of any part of them oney or property, lo interplead, so as fully to settle and determine their rights and interests, according to equity and jus tice; the court may direct the time and manner in which possession of the prop erty condemned, shall be taken or deliver ed, and may, if necessary, enforce any order giving possession; the cost occasion ed by the enquiry and assessment shall be paid by ihe corporation, and as to the oili er costs they shall be charged or taxed as the court in its discretion may direct; no delay in making an assessment of com pensation, or in taking possession, shall be occasioned by any doubt which may arise as to the' ownership of the property, or any part thereof, or as to the interests of any of the respective owners, but in such cases, (he court shall require a deposit of the money allowed as compensation for the whole property, or the part in dis pute; and iu all cases, as : soon as the corporation shall have paid tho as sessed, or secured its payment by a depos it of money under the order of the court, possession of the property may be taken, and the public work or improvement pro gress. ' Sec. 29. . Any party interested in any such inquiry and assessment, who shall feel agrieved by the finding of tho jury; or the order of the court, may have the part thereof in which such party may be interested and feel aggrieved, reviewed in the district court, by filing a petition for that purpose in the court of common pleas,' during the term at which tho finding or decision complained of, shall have- been made; and it sbaH be the duty of the court . of common pleas to report, in the nature of a bill of exceptions, the facts' necessa ry to show the ground ot the finding or decision, and said petition and report, or a transcript thereof, being filed in the dis- trict court, (which shall be done on or be- fore the first day of the next term thereof, ) the matter bltall be heard and determined; and if the court shall find that right and justice has not been doue, a new assess ment may be ordered by jury in that court, which shall be made w ilhout delay, at the same term if practicable; or such other filial order or judgment shall be made as may be deemed proper and equit able. When such petition shall be filed, the court of common pleas may suspend the execution of any order which may have been made, on tuch terms as may be deemed proper, and may require a bond with security for ihe payment of any dam ages or costs which may be thereby occa sioned; but in all cases where the munici pal corporation shall pay or secure by a deposit of money, the compensation as sessed by the jury, and shall give such surety as may be deemed aaquate to pay any further compensation, and all damages and costs which may bo adjudged in the district court, the light to take and hold the property condemned, shall not be af fected b' any such review. Sec. 30. Each municipal corporation may, either by a general or special by-taw or ordinance, prescribe the mode in which the charge on the respective owners of lots or land, and on the lots or land, shall be assessed and determined, for the pur- posses authorized by this act; such charge, when assessed, shall be payable by tho owner or owneas at the time of the as sessment, personally, and shall also be a lien upon the respective lots or parcels of land, in tho possession ot any owner, trout tho time of the assessment, such charge may be collected and such lien enforced, by a proceeding lit law or in equity, either in the name of the municipal corporation, or of anv person lo whom the municipal corporation shall have directed payment to be made.inary such proceeding at law, when pleadings are required, it shall be sufficient to declare generally, for work and labor done, and materials furnished, oif the particular street, alley or highway; and in any proceeding in equity, when the owner of any lot or land shall be non-resident of the county or unknown, notice shall be given by publication, in the man ner presribed by law for like notices, but a publication for one half the usual time shall be deemed sufficient;- proceedings at law or iu equity, may bo instituted a gainst all the owners, or each, or any num-bi-r of them, or to enforce the lien aguin.-t all the lots or laud, or each lot or parcel, or any number of them, embrace iu any one assessment; but the judgment or de cree shall be rendered severally or sepa rately, for the amount properly chargea ble; and any proceeding may be severed, in the discretion of the court, for the pur pose of trial, review 01 appeal. Siic. 31. In any such proceeding, when the justice of the peace, or the court, trying and hearing the same, shall be satisfied that work has been done, or ma terials furnished, which, according to the true intent of this act, would be properly chargeable on the lot or land, through or by which the street, alley or highway, im proved, repaired, or lighted, may pass, a recover' shall be permitted, or a charge enforced, to the extent of the proper pro portion of the value of work or material, which would be chargeable on such lot or land, notwithstanding any informality, ir regularity or defect, in any assessment, on the part of such municipal corporation, or its officers; but in such case, the justice or court sliali adjudge as to costs as may be deemed proper; and in cases where an assessmentshall have been regularly made, and payment shall have been neglected or refused, at the time when the same was required any municipal corporation shall be entitled to demand, and recover, in ad dition to the amount assessed, and inter est thereon, at six percent from thfc time of assessment, five percent, to defray the expenses of collection, which shall be in included in any judgment or decree which may bo n n lered. Six'. 'M. Municipal corporations shall have power to cause any lot or lots of land withiu their limits, on which, or part of which, water shall at any tune become stag nant, to be raised, filled up, or drained, and to cause all putrid subs.ances, wheth er animal or vigbablo, to be removed from any lotor lots, and may, for such purpose, from time to time, direct that such lotorlor.s be raised, filled up or drained, or that such putrid substances be removed ' from such lot or lots, by the owner or owner, thereof, respectively, in such reasonable time, nnd'in such manner, a may be di rected by a resolution of the proper au thority of any municipal corporation; and it shall be the duty of such owner or own ers, hi, her, or. their agent or attorney, after service of a copy of the sni.l reso lution, or after a publication of the aW, in some newspaper of general circulation, iu such municipal ' corporation, for four successive weeks, to comply with the di rections of such resolution, within the time therein specified; and in case of fai lure or refusal lo do so, it may be done at the expense of such municipal corporation; nnd the amount of money so expended, shall be a di bt due to said municipal cor-, poration, from the owner or owners ( of , such lot or lots, in proportion to the amount, expended on the lot or lots owned by him, her, or them, respectively,, to be recover cd before a justice of the pence, or oiliur court of competent jurisdiction; and shall, moreover, trom the time ot adoption oi such resolution, be a lien on such lotor lots which may bi enforced if need be, either, after or Wtthout a previous proceeding at law, by u suit in equity in ihe court of( coirimon pleasof the propor county, and like proceeding may be had as liereinlw fore directed in relation to the improve-, ment of streets, or as iu other cases at law, , 'or in equity. ' -: V "v 1 Seo. 33. It shall be the dnlr of the court of common pleas of the proper coun ty, to take and exercise the jurisdiction nu " thorized by this act, for the cK lection of ' any charge ol' debt, or the enforcement of any, hen, notwithstanding the amount in volvod shall ba less than that to. which the jurisdiction of tins court muy be limited in o'-lur case, and sny court of Common pleas may make such (.jwcial rules as to the class of cases authorized to be brought under this act, as. will tend to expedite their disposition, and prevent unnecessary, costs. Skc. 31. Municipal corporations shall " have power to make and publLJi, frou. time to time, by laws or ordinances, not inconsistent with the laws of the Slate, for. carrying into effect, or discharging the powers or duties conferred or required under this act; and it it hereby made the duty of municipal corporations, to make and publish such by-laws and ordinance as shall be necessary to secure such corpo ritions and their inhabitants against inju ries by fire, thieves, robbers, burglars, end all ot her persons violating the public peace, for the surprcssion of riots and gambling, and indecent and disorderly conduct; for the punishment of all lewd and lascivious behavior in the streets, and other public places; and they shall have power to make and publish such by-laws and ordinances as to them shall seem necessary to provide for the safety, preserve the health, pro mote the prosperity, and improve the mor als, order, comfort and convenience of such corporations, and the inhabitants thereof. Sec. 3j. By-laws or ordinances of municipal corporations, may be enforced by the imposition of fines, forfeitures and penalties, ouany person or persons offen ding against, or violating such by laws, or ordinances, or any of them, and the tine, " penalty or forfeiture, may be prescribed in each particular by-law or ordinance, or by' a general by-law or ordinance made for that purpose; and municipal corporations shall have power to provide, iu like man ner, for the prosecution, recovery and col-li-ciion of such fines, penalties and forfei tures. Sue. 36. Fines, penalties and forfeit ures, which .shall not exceed the sum of twenty dollars forany one specified offence or violation of the by-law or ordinance, or double that sum for each repetition of such, offence, or violation, or which shall not exceed five dollars, for each day, where the thing prohibited or rendered unlawful is in its nature continuous in respect to time, shall -bo deemed reasonable , and proper. But where, iu any by-law or or dinance, a greater fine, penalty or forfeit -, ure is imposed than as above specified, it shall and may be lawful, in any suit or prosecution for the recovery thereof, t such amount as shall be deemed reasona ble and proper, and permit a recovery, or render a judgment accordingly. Sec. 37. Fines, penalties and forfeit ures, may, in all cases, and in addition l any other mode provided, be reeoven d by suit, or action, before any justice of tin peace, or other court of competent juris diction, in the name of the proper munici pal corporation, and for its use; and in nty such suit or action where pleading is m cessaay, it shall be sufficient to declare generally, for the amount claimed to ba due in respect of the violation of t'.ie by--law or ordinance, referring to its title, and date of its adoption, or passage, and show ing as near as may be, the true time of the alleged violation. Skc. 3C. All suits or prosecutions for the recovery of any such Iln s, penalties and forfeitures, or for the commission of any offence made punishable by any by law or ordinance of any municipal corj'u ration. as hereinafter provided, fhall be commenced within one year after the vio lation of the ordinance,' nr commission of the offence and not afterwards. . ; Sec. 3D. . Tho printed copies of tho by-laws or ordinance of any municipal corporation, published under its authority, and transcripts of any by-iiiws or ordi dinunces, or of any act or proceeding of any municipal corporation, rccordedjia any book, or entered on any minutch.or journ al, kept under the direction of nuci mu nicipal corporation, mid certified by -iti clerk, shall ho received in evidence for any purpose for which the original ordinances, book, minutes or jourual, would bo rueeiv ed, and with as much i i;';ct. It shall Ik the duty of ihe clerk lo furnish uclv trnn scripts, and he shall be entitled to charge therefor,, at the same rate that l hi: clerk the common plea iseriiitk-d to charge for tiiinsciiots from the records of lliiUeoun. OF TtiE CLASSES Of MtMC'AL , ..... CORPORATION';.;.. .... Seo.;40. In respect to the xrej of certain corporate powers, ami to the num ber, charade r, powers and, duf i o cer tain inUcers. municipal corpwiiionn, arc, and shall be divided into th clashes follow ing; Cities of the lir.t! el;tss, cities of (ho second class; incorporated villages, and in -corjwirated villages for Scial purpos. Sec. 41. all cities, vvhi. h, Hi the last federal census had or tiow. h.ivj-, . popu lation exceeding twenty thousand inhabit ants, shall be deemed, cities of ilia, first class ami all other ciHes'4)(tH. b,dVcmed cities of the second cIhoo;.' which) at any future federal census, or itt any, censin ...which-nwy betaken in pursiiancvM'f th j first section ot the eleventli irticl , ot tlie . constitution of this Slate, sludl have a I population exceeding twenty tUuut.nd in habitants,, shall also be, deemed, cmes ot the liiNt cla; nil cLios anl.tany incorpo rated village, which at any future federal census, or at any census- taken under lb authoiity of the stale, a -afpfKK&iti, shall have a population exceeding tit u thou fund, d lesihaii twenty thousan linhahjtatjt, shall be deemed a- oily - of tho, .v'domt clttSS.s ' t. V ' AAt ':V Sec. 42. It hall be the duty:of th Governor,- Auditor, afid SeereUry of Staiet or any two of them, at the linw oJK'er mining tho wio f representation, re quired by the eleventh section of tji said article of the ewistitation, -nUrt ttA uncer tain what cities f the second ..etas are entitled to beorxrte cilie of the firt ciasti; -and what, incorporated village uro i-nli-t led to become oiti ul .thfir pioj-r class. 'And 'the ovruoMhnil eanso a statement thereof to be prepared by th? Secretary of State, whiuh stnterrumt m shall csuso lo W published HfWin Dew-' pnper printed in thin city of CokiuihiH; and also in some newspaper print! in each of tlia eitien and incorporated vil- 1 cdNTINCKtt OS KOCBl'll I'lUlft. 'J. ' , ' . ' . t . 1' I I & 1 4 1 . f V t : ft ! i ; . -a s ' 5t s ft. m ; "4 f tj -v -i r ? f J, 51. 'iff Ml ' 1 . f t rd 'f sit r I I ! i : i - : J. A' tV :.v.'.t 1 . I r ,, V:. ' I A. ''lJi',:.'tJ i.' h i 'V :fc ''"!". ' t ';:Ud.''!' .!, :'?.: f '. j$'3,'T'r !. ti J-.f f ' 'TT IT",-' n