The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-05-28

corporated village, which election shall be con
Quoted, and the officers elected and qualified
IN the manner prescribed by law in like cases
Provided, that If said election shall be had al
any time other than that prescribed by law fol
the regular election Of such officers, the officers
elected shall continue in Office SO long, and in
like manner as If they had been elected at the
next preceding period Of such regular election
Sec. y When the inhabitants Of part Of
any county, contiguous and adjoining to any
city or Incorporated village, 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 applying, to be In
number not less than majority Of the qualified
voters, which petition shall describe the terri
tory proposed to be annexed, and be accompa.
med by an accurate map or plat thereof; and
snail name the person or persons author.
ized to act in behalf of the petitioners in pros.
ecuting said petition.
Sec. ~ When any such petition shall be
presented to the said county commissioners,
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 sec.
tions Of this act; and if the county commits
sioners, after such hearing, shall be satisfied
that al least ten qualified voters, and having a
free hold interest in the territory proposed to
be annexed, and who actually reside within
the limits described in the petition, and that
the said petition has been signed by maiori-
ty of them, that the said limits have been ac-
curately described, and an accurate map there
o. made and fled and it shall moreover be
deemed right and proper, in the judgment and
discretion of said commissioners, that said pc
tition should be granted; then they shall make
and endorse on the said petition, an order to
the effect that the territory described in the Pc
tltion may be annexed to, and become part of
the city or incorporated village named in said
petition; which order said commissioners, or a
majority Of them, shall sign and deliver, to-
gether with the petition and map or plat, to the
clerk of such city or incorporated village.
Sec. H.. 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 attorney of the county, may, in
the manner as is provided in the seventh Sc c..
ton 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 vo-
ters, freeEolders as aforesaid, actually residing
within the limits described in such petition,
have not signed the same, or that the territory
proposed to be annexed is unreasonablv large,
or that said territory is not properly and suti-
ciently described, he shall make an order TO re-
strain any further action, under the order of the
county commissioners, and annulling the same;
but such proceeding shall not bar any subse-
quent petition to the county commissioners.
Sec. ~. Whenanyc complaint shall bemade,
as before provided, to prevent an annexation Of
territory, notice thereof shall be given, as well
to the proper authority Of such city or incorpo.
rated village, as to the agent or agents Of the
petitioners; and if no such notice shall be CIV
en- within two months after the delivery of the
order of the county commissioners, to the
clerk of said city or Incorporated 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
dismisson of said complaint, and within one
year thereafter, the proper authority of such
city or incorporated village, shall provide by
ordinance, or resolution, for the submission to
the qualified voters, at the next regular annual
election of municipal officers, of the question
whether such annexation shall be made; and if
a majority of the qualified voters of such city
or incorporated 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 incorporated village, resolu-
tion or ordinance shall be adopted or passed,
declaring that the territory described in the pc
tition, 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 out two
copies Of the petition, plat, order of the
county commissioners, abstract of votes and
resolutions or ordinances, in relation TO such
annexation, with certificate thatthe same are
correct, attested by the seal of such city or in
corporated village, and he shall deliver one of
the said copies to the recorder of the county,
whose duty it shall be, having first made rec
ord thereof in the proper books of record, to
file and preserve the same; and the other OF
said copies, shall be forwarded by the clerk of
said city or incorporated village, to the secre-
tary of state.
Sec. 13. So soon as said resolution or ordi-
nance declaring such annexation, has been a.
dopted or passed, and said copies transmitted
delivered and recorded, the said territory shall
be deemed, and taken to be part and parcel
Of the limits of said city or incorporated vii
lage; and the inhabitants residing thereon,
shall have and enjoy all the rights and privil.
eges Of the inhabitants within the original lin.
its of such city or incorporated village.
Sec. ID. When any municipal corporation
shall desire to annex any contiguous territory
thereto, not embraced within the limits of any
city or incorporated village, it shall be lawful
for the trustees or council of the corpora
tion proposing such annexation, to submit
the question to the qualified electors oi
the corporation, by an ordinance passed for
that purpose, at least one month before
some general election in April or October
if a majority of the qualified voters of the cor
poration voting on the question, shall vote in
favor of such annexation, the said corporation
shall present to the county commissioners Of
the proper county, a petition, praying fol
such annexation, which petition shall describe
the territory 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 saidpetition
as are provided in the third, fourth, fifth, sixth
and seventh sections Of this act, SO far as the
same may be applicable; and if, within two
months after transcript shall be delivered as
above provided, no notice of a complaintagainst
such annexation shall be given, according to
the provisions Of this act, then at the end oi
said two months, and in case of any suchsom.
plant, then at the end Of said two months
and after the dismission Of said complaint
the said contiguous territory proposed to be an
nexed, shall be in law deemed and taken 10 be
included in, and.shall be q part of said mnni-
cipal corporation, and the Inhabitants Thereof
shall, in all respects, be citizens thereafter Of
the said municipal corporation.
Sec. Is. When any municipal corporation
the territoryof which shall be contiguous tt
and adjoining that of another municipal cor