OCR Interpretation

The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, May 26, 1852, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85042199/1852-05-26/ed-1/seq-1/

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VOLUME 19-NO. 6.
: 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hereby repealed; Provided, that such re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
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,
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.
, ..... 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.
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