Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-06-10

nev of any county, may. at any time
within said two months, make complaint
in writing, in the nature of an aPPlica-
ton for an injunction, to the court oi
Common Pleas OF the county, or 10 me
Judge thereof in vacation, having gwen
at least five days notice thereof, and FUR
nished copy of the complaint TO the
agent or agents of the petitioners, for
the purpose of having the organization
of such proposed incorporated village
prevented. Ii shall be the duty of the
court or judge to hear such complaint
in a summary manner, receiving an
swers, affidavits and proofs, as may be
deemed pertinent; and if it shall appear
that the proposed incorporated village
does not contain the requisite number
Of inhabitants, or that majority ofthem
have not signed the petition. or that the
limits of said proposed incorporated vii
lage are unreasonably large or small, or
are not properly and sufficiently de-
scribed, then the said court or judge
shall order that the record of said incor
porated 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 ef-
feet; but such proceeding shall in no
manner, bar a subsequent petition TO the
county commissioners.
Sec. 8. Unless the agent or agents of
the petitioners shall. within two months
after transcript shall be delivered, as
above provided, be notified of d com
plant having been made TO the court Of
common pleas, or a Judge thereof, 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
agent or agents shall give public notice,
by posting the same at three or more
public places within the limits of such
incorporated village. of the time and
place of holding the first election for Of
fcers of said incorporated village. which
election shall be conducted, and the off,
GERS elected and qualified, in the man.
ner prescribed by law in like cases; Pro.
vided, that if said election shall be had
at any time other than that prescribed
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
election.
Sec. 8 When the inhabitants of a
part of any county, contiguous and ad-
joining to any city or incorporated viii
lage, shall desire TO be annexed to such
city or incorporated village. they may
apply, by petition in writing, TO the
county commissioners of the proper
county, signed by the inhabitants so ap-
plying. TO be in number not less than a
majority of the qualified voters, which
petition shall describe the territory pro-
posed TO be annexed, and be accompa-
uied by an accurate map or plat thereof;
and shall name the person or persons au-
thorized TO act in behalf of the petition
ers in prosecuting said petition.
Sec. 10. When any such petition shall
be presented to the said county commits
sioners, they shall cause the same to be
filed, and like proceedings shall be had
for hearing thereof. as is prescribed
by the fourth and fifth sections of this
act; and if the county commissioners.
after such hearing, shall be satisfied that
at least ten qualified voters, and having
freehold interest in the territory pro-
posed to be annexed, and who actually
reside within the limits described in the
petition. and that the said petition has
been signed by majority ofthem, that
the said limits have been accurately de-
scribed, and an accurate map thereof
made and filed; and it shall moreover be
deemed right and proper. in the judg-
ment and discretion of said commission.
ers, that said petition should be granted;
then they shall make and endorse on the
said petition, an order, to the effect that
the territory described in the petition
may be annexed to, and become part Of
the city or incorporated village named
in said petition; which order s id COM
missioners, or a majority Of them, shall
sign and deliver, together with the Pc
tition and map or plat, to the clerk Of
such city or incorporated village.
Sec. /. 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 as is provided in the seventh section
of this act, institute proceeding TO have
the proposed annexation prevented; and
if it shall appear TO the court or Judge,
hearing such proceeding, that majority
of the qualified voters, freeholders as
aforesaid, actually residing within the
limits described in such petition, have
not signed the same. or that the terrific
ry proposed TO be annexed is unreason-
ably large, or that said territory is not
properly and sufficiently described, he
shall make an order to restrain any fur
ther ection, under the order of the coun-
ty commissioners, and annulling the
same; but such proceeding shall not bar
any subsequent petition to the county
commissioners
Sec l9. When any complaint shall
be made, as before provided, TO prevent
an annexation of territory, notice there
Of shall ha o,;vo-s Il u