Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-07-02

laws Of u general or permanent nature. and
those imposing any tne, penalty or forfeiture,
shall be published in some newspaper Of gener.
lal circulation in Ihe municipal corporation;
.aud il shall be deemed a sufficient defence TO
any suit or prosecution for such fine. penalty
or forfeiture, TO show that no such publication
was made.
Sec. l03. On The passage or adoption Of
every bylaw OF ordinance. end every resolu.
lion or order to enter into a CONTACT, by any
couneil Of any municipal corporation, the yeas
and nays shall be called and recorded; and 20
pass or adopt any bylaw or ordinance, and any
such resolution or order, a concurrence Of a
majority ofihe whole number Of members elect.
led 10 the council shall be required; oil appoint
menls Of officers by any council shall be made
viva VOce. ant the concurrence Of like major
|iIy shall Se required; The names ofIhose voting
aud for whom they voted, on the vote resulting
in an appointment, shall be recorded. mol
money shall be appropriated by The council, !
except by ordinance.
Sec. l0l. No street or highway shall bel
Opened, slraighIened or widened. nor shall any
other improvement be made. which will REQUIRED
proceedings 10 condemn private properly Wilh.!
ont the Concurrence in the bylaws, ordnance
ior resolution, directing the same, OF twoIhirds
80 the whole number Of The members elected To-
the council; and the concurrence Of like ma
jofiIy shall be required 10 direc, any improve.
menI or repair of street or highway, the cost
sof which is TO be assessed on The owners of
properly, unless two.ihirds Of the owners 10 be
charged shall petition IN wiring therefor.
Sec. l05. In all cities of the first class,
where there shall be a board Of city improve.
3menIs, no improvement or repair in relation Ic
streets, sewers, or bridges, shall be ordered or
directed by the city council, except on The re-
port and recommendation Of the said board all
petitions from owners of properly in relation to
such Improvements, shall be presented to such
boOrd, who shall report from time to time, to
\ the city council, when any such improvement
: % necessary or proper, and when an assess.
menl is required, and the proper amount 10 be
assessed; and The city council shall Iake such
Faction thereon as may be deemed proper.
Sec. l06. All rights and properly Of every
! kind and description, which were vested in any
Emuncipal corporation under It's former organi
zaIion, shall be deemed and held to DO vested
: IN The same municipal corporation under the or.
ganizaon made by this net; and no rights or
liabilities, either in favor Of or against such
corporation, existing at the time of taking effect
sOf this act, and no suit or prosecution Of any
: kind shall be in any manner affected by such
SchOnge, but the same shall stand or progress as
y il no such change had been made; Provided,
that where different remedy IL given in this
2uct which can be properly made applicable to
any rights existing al The time of its passage,
I The snme shall be deemed cumulative TO the
remedies before provided, and may be used ac.
Ecordingly.
Sec. l07. Any municipal corporation,
which under It's former organization, held or
Exercised any power or duty, in ordering or di
recng the election oriusiicps of The peace, con-
stables or other township officers, shall conlin
ue to hold aud exercise such power and duty .
unul Otherwise provided by law.
Sec. 1903. Any municipal corporation in
~qlch, under its former organization. any law
or charler regulating any literary. charitable or
benevolent institution, vested any power ap
pointing officers of supervision or control shall
continue to hold and possess The like power inI
every respect.
Sec. lU9. That the mayor, trustees. mar.
shall treasurer and all off 'ers heretofore elected
Iby the peope,or appointed by any municipal cor.
pnratinn, now 10 office. shall remain and conInurl
10 their respective offices, and perform the sew.
Ieral duties thereof, under the provisions Of this
act, until the time shall expire for which they
shall have been elected or appointed, and un
bit their successors shall be chosen or appoint.
ed and qualified, unless the council Of such cor
pora,lon shall otherwise provide; but all SUCH
officers shall, Notwithstanding any instruction.
in this act. be subject to such rules and reguIa.
lions touching their duties OF compensation, as
he proper authority of any municipal corpora
Ilon may provide; and all laws, ordinances and
resolutions heretofore lawfully passed adopted
10y the Cilycouncil, shall be-. remain. and con.
tnue in force, until altered or repealed by the,
cily council established by this ACT, and all
special acts in relation 10 any municipal corpo.
rulion, repealed by the first section Of This nc, =,
shall. Notwithstanding, so far as The same ar.
iects the particular police regulations, or local
affairs Of any municipal corporation, n matters
not Inconsistent with this act, be and remain in
force as by laws and ordinances of ,he par,cu
lar municipal corporation, unIil altered or re
peaed by The proper authority thereof.
Sec. lie. That section seveniy.on Of that!
act entitled on act for the assessment AMI taxa.
lion fall properly in this State, and for levy /!
ing taxes thereon, according to its true value inS
money, passed April 10, 1859, be and the same
is hereby repealed.
Sec. III, This act shall take effect from
and after the fifteenth day or May next.
JAMES e. JOHNSON,
Speaker Of The House of Representatives.
JOEL. w. WILSON,
President of the Senate, pro tenn.
May 8, 1859.
do hereby certify that have read and com.
pared the proof of the foregoing acts. and lha,
they are correctly printed from the copy cenif.
ed and forwarded by the Secretary of State.
F. S. McKEAN,