Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-07-22

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and the trustees or council Of any mu-
nicipal corporation, may require from
such officers as they may think proper,
bond, with proper penalty and surety
for the faithful discharge of the duties oil
their Office; and s1ch trustees or council
shall have power to declare the Office of
any person appointed or elected to any
office, who shall fail to take the oath of
Office, or give bond when required, for
ten days after he shall have been noli.
fled of his appointment or election, va.
cant. and proceed to appoint, as in other
cases OF vacancy.
FURTHER GENERAL PROVISIONS.
Sec. 102. All bylaws or ordinances
snail, as soon as may be after their pas
sage, be recorded in book kept for that
purpose, and be authenticated by the
signatures ofihe presiding officer of the
council, and the clerk, and al bylaws
Of general or permanent nature. and
those imposing any fine, penalty or for
feiture, shall be published in some news
paper Of general circulation in the mu-
nicipal corporation; and il shall be
deemed sufficient defence TO any suit
or prosecution for such fine, penalty
or forfeiture, TO show that no such pub
'lication was made.
Sec. 1U3. On the passage or adoption
Of every bylaw or ordnance and every
resolution or order TO enter into con
tract, by any council of any municipal
corporation, the yeas and nays shall be
called and recorded; and to pass or
adopt any bylaw or ordinance. or any
such resolution or order, concurrence
of majority Of The whole number OF
members elected TO the council shall be
required; all appointments Of officers by
any council shall be made viva voce,
and the concurrence OF a like majority
shall be required; the names of those
voting, and for whom they voted, on the
vote resulting in an appointment, shall
be recorded. No money shall be ap-
proprieted by the council, except by Or
dinance.
Sec. l04. No street or highway shall
be opened, Strengthened or widened, nor
shall any other improvement be made,
which will require proceedings TO con-
denim private property, without the con-
eurrenco in the bylaws, ordinance or
resolution, directing the same, of two.
thirds of the whole number of the men,
bers elected TO the council; and the con-
currence Of like majority shall be re-
quired TO direct any Improvement or re
pair Of street or highway. the cost OF
which is TO be assessed on the owners of
unless iwo-ihirds of the cwn.
ers to be charged shall petition in wri-
ling therefor.
Sec. los. In all cities of the first class,
where there shall be board of city i'm
proyements. no improvement or repair
in rel alton TO streets, sewers, or bridges, |
shall be ordered or directed by the city
council except on the report and recon-.
mendation Of the said board; all peti-
tons from owners of property in rela-
lion TO such improvements, shall be pre-.
sented to such board, who shall report
from time to time, to the city council,
when any such improvement is neces-
sary or proper, and when an assessment
is required, and the proper amount to be
assessed; and the city council shall take
such action thereon as may be deemed
proper.
Sec. 1o6. All rights and property, of
every kind and description, which were
vested in any municipal corporation un-
der its former organization, shall be
deemed and held to be vested in the
same municipal corporation under the
made by this act; and no
rights or liabilities, either in favor of or
against such corporation. existing at the
lime of taking effect of this act, and no
suit or prosecution of any kind, shall be
m any manner affected by such change,
'u: the same shall stand or progress as
{ no such change had been made; Pro-
Tided. that where different remedy is
yiven in this act, which can be properly
made applicable to any rights existing at
he time of its passage, the same shall
,e deemed cumulative to the remedies
'efore provided, and may be used ac-
,ordingly.
Sec. 1O7. Any municipal corporation,
which. under its former organization,
leld or exercised anr power or duty. in
'rcering or directing the election oijus-
ices of the peace, constables, or other
ownship officers, shall continue to hold
nd exercise such power and duty. until
therwise provided by law.
Sec. 1OS. Any municipal corporation
which, under its former organization,
ny law or charter regulating any lite :
ary, charitable or benevolent institu- ,
ION, vested any power appointing Off
ers OF supervision or control, shall con-
inue to hold and possess the like power
nd authority in every respect.
Sec. lO9. That the mayor, trustees. {
treasurer, and al officers here
ofore elected by the people, or appoint
d by any municipal corporation, now
n office, shall remain and continue IN
heir respective Offices. and perform the
everal duties thereof, under the pro- 2
isions of this act, until the time shall 3
xpire for which they shall have been
lected or appointed, and until their sue ;
essors shall be chosen or appointed and +.
ualihed, unless the council OF such cor .
oraiion shall otherwise provide; but all