Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-06-24

punishment Of all lewd and iasclvlous
behavior in the streets, and other pubic
places; and they shall have power to
make and publish such bylaws and or
dinances as to them shall seem necessa'
nv to provide for the safety, preserve the
health, promote the prosperity, and i'm
prove the morals, order, comfort and
convenience Of such corporations, and
the inhabitants thereof,
Sec. IS. Bylaws and ordinances oi
municipal corporations, may be en-
forced by the imposition OF fines, forfeit
ures and penalties, on any person or
persons offending against, or violating
such bylaws, or ordinances. or any oi
them and the fine, penalty, or forfeiture.
may be prescribed in each particular
y.law or ordinance, or by general by
law or ordinance made for that purpose;
and municipal corporations shall have
power TO provide, in like manner, for
the prosecution, recovery and collection
ofsuch fines. penalties or forfeitures.
Sec. SO. Fines, penalties and forfeit
ures, which shall not exceed the sum OF
twenty dollars for any one specified Of
fence, or violation of the by law or or
dinance, 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 be
deemed reasonable and proper. But
where, in any bylaw or ordinance, a
greater fine, penalty or forfeiture is i'm
posed than as above specified, il shall
and may be lawful, in any suit or pros
ecution for the recovery thereof, TO re-
duce the same to such amount as shall
be deemed reasonable and proper, and
to permit a recovery, or render judgment
accordingly.
Sec. 81. Fines, penalties and forfeit
ures may, in all cases, and in addition
to any other mode provided. be recoV-
cred by suit, or action. before any JUS
tice of the peace, or other court of CON-
petent jurisdiction, in the name Of the
proper municipal corporation, and for
its use; and in any such suit or action
where pleading is necessary, it shall be
sufficient TO declare generally, for the
amount claimed to be due in respect OF
the violation Of the bylaw or ordi-
nance, referring TO its title, and the
date of its adoption, or passage, and
showing, as near as may be, the true
time of the alleged violation.
Sec. 38. All suits or prosecutions for
the recovery of any such fines. penalties
and forfeitures, or for the commission
of any offence made punishable by any
bylaw or ordinance of any municipal
as hereinafter provided,
shall be commenced within one year af-
ter the violation of the ordinance. or
commission of the offence, and not af-
forwards
Sec. 80. The printed copies of the
bylaws or ordinances of any municipal
corporation. published under its author
ity, and transcripts of any bylaws or
ordinances, or of aEy act or proceeding
of any municipal corporation, recorded
in any book, or entered on any minutes
or journal, kept under the direction of
such municipal corporation, and certi-
fled by its clerk, shall be received in
evidence for any purposes for which the
original ordinances, book, minutes or
journal, would be received, and with as
much effect. 1t shall be the duty of the
clerk to furnish such transcripts, and he
shall be entitled to charge therefor, at
the same rate that the clerk of the COM
mon pleas is entitled to charge for tran,
scripts from the records of that court.
OF THE CLASSES OF MUNICIPAL CORPORA
TIoNs.
Sec. 40. In respect TO the exercise of
certain corporate powers, and to the
character, powers and duties of
certain officers, municipal corporations
are, and shall be divided into the clas-
ses following; Cities of the first, and cit
les of the second class; incorporated vii
lagos, and incorporated villages for spe-
cial purposes.
Sec. Al, all cities, which, at the last
federal census had or now have, a pop
ulation exceeding twenty thousand in
habitants, shall be deemed cities of the
first class; and all other cities shall be
deemed cities of the second class; all
cities, which, at any future federal GEN.
sus, or at any census which may be Ia
ken in pursuance of the first section Of
the eleventh article of the constitution
OF this state, shall have population ex-
ceeding twenty thousand inhabitants,
shall also be deemed cities of the first
class; and any incorporated village,
which, at any future federal census, or
at any census taken under the authority
OF the state, as aforesaid, shall have a
population exceeding FIVE thousand. and
less than twenty thousand Inhabitants,
shall be deemed city of the second
class.
Sec. AZ. 1t shall be the duty of the
Governor, Auditor, and the Secretary of
State, or any two of fthem. at the time of
the ratio OF representation,
as required by the eleventh section of
the said article of the constitution, also
10 ascertain what cities of the second
class are entitled to become cities ofthe
first class; and what incorporated vii
lagos are entitled to become cities, and
their proper class. And the Governor
shall cause statement thereof. to be