The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-05-26


corporated village, and any person inter-
ested, or the prosecuting attorney of any
county, may at any time within said two !
months, make complaint in writing, in
the nature of an application for an injunc-
ton to the court OF common pleas OF the
county, or the Judge thereof in vacation,
having given at least five days notice !
thereof, and furnished a copy of the COM |
plant to the agent or agents of the peti-
TONERS, for the purpose of having the or
ganization Of such proposed Incorporated |
village prevented. 1t shall be the duty |
of the court or Judge to hear such COM
plant in a summary manner, receiving
answers, affidavits and proofs, as may be
deemed pertinet; and lift shall appear that
the proposed incorporated village does
not contain the requisite number of inha-
bitants, or that majority of them have
not signed the petition, or that the limits
of said proposed incorporated village are
unreasonabIy 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 effect; but such proceeding
shall in no manner, bar a subsequent Pc
tilion to the county commissioners.
SEC. g. Unless the agent or agents of
the petitioners SHALL within two months
after transcript shall be delivered, as a
bove provided, be notified of com
| plant having been made to the court of
common pleas, or 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 agentor agents
shall give public notice, by posting the
same at three or more public places with
in the limits of such Incorporated village
of the time and place of holding the first
election for officers OF said Incorporated
village, which election shall be conducted,
and the officers. elected and qualified, in
the manner prescribed by law in like
cases; Provided, that if said election shall
be had at any time other than that pre-
scrbed 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 cleo
ton.
SEC 0. When the inhabitants Of a
part ofany county, contiguous and adJoln-
J ing to amy city OF Incorporated village,
, shall desire to be annexed to such city or
incorporated village, they may apply, by
petition in writing, 10 the county commits
soners OF the proper county, signed by
the inhabitants so applying, to be in num-
Der not less than majority OF the quaIi-
fed voters, which petition shah 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 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 hear
inc, shall be satisfied that at least ten
qualified voters, and having a freehold
interest 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, an order, to the eff
feet that the territory described in
the petition may be annexed to, and
become 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
SEC. IL. No further action shall be
taken on such order for the space o
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 a proceeding to havt
the proposed annexation prevented; anC
if it shall appear to the court or Judge
hearing such proceeding, that majorit,
of the qualified voters, freeholders as u
foresaid, actually residing within the lin
its described in such petition, have no
signed the same, or that the territory pro
posed to be annexed is sunreasonably large
or that said territory is not properly an(
sufficiently described, he shall makei ar
order to restrain any further action, un
der the order of the county commission
ers, and annuling the same; but sucl
proceeding shall not bar any subsequen
petition to the county commissioners.
SEC. l2. When any complaint sha
be made, as before provided, to proven
an annexation of territory, notice thereo
shall be given, as well to the proper au
thority Of such city or Incorporated WI
4 lage, as to the agent or agents Of the pc
titioners, and if no such notice shall b
B given, within two months after the delive
ry OF the order Of the county commission
ers, to the clerk Of said city or incorpora
ted village, then, at the end Of said tw
months, and within one year, and in cas-
of any such complaint, then at the end {
said two months, and after the dismssio
5l of said complaint. and within one yea