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

sucn trustees or council shall have power
70 delare the office Of any person appoin-
ted or elected to any ogicr, who shall fail
to take the oath of ofsee, or give bond
when required, for ten days after he shall
have been notified Of his appointment or
election, vacant, and proceed to appoint,
as m other eases Of vacancy.
FURTH R GENERAL PROVISIONS.
SEC. ZOE. All by-lsws or ordinances
shall. as soon as may be after their
passage, be recorded in p book KEEP, for
that purpose. and be authenticated bv the
signstures of the presiding officer of the
council, sud the clerk. and all bylaws of
Ola general ct permanent nature, and
those imposing any fins penalty orforleit-
ure, shall be published in some newspaper
OF general circulation in the municipal cor
poration; and it shall be deemed a sutiici-
ent defence 10 any suit or prosecution for
such line, penalty or forfeiture, to show
that no such publication was made.
SEC. i03. On the passage or adoption
OF every bylaw or ordinance, and every
resolution or order to enterinto a contract.
by any council of any municipal corpora
ton, the yeas and nays shall be called and
recorded; and to pass oradopt any bylaw
or ordinance, or any such resolution or
order. concurrence Of majority of the
whole number of members ele cted to the
council shall berequired; allappointments
OF officers by any council shall be made
viva voce, and the concurrence of like
majority shall be required; the names of
those voting, aud for whom they voted, on
the vo;ercsplting in an appointment, shall
be recorded. No money shall be appro-
priated by se council, except by ordi
ngnc2.
SEC. l04 No streetor highway shall be
opened, Strengthened orwidened, nor shall
any other improvement be made, which
will require proceedings to condemn pri.
waite property, without The concurrence in
The bylaws, ordinance or resolution, di-
recting the same, of Lwo-thirds OF the whole
number Of the members elected 10 the
council; and the concurrence of like ma
Jority shall be required to direct any inn
provement or repair Of street or high
way, the cost OF which Is to be assessed
on the owners of property. unless two
thirds OF the owners to be charged shall
petition in writing therefor. "A
SEC. los In all cities of the first class,
where there shall be board of city i'm
provcmcnts, no improvement or repair in
relation to streets, sewers, or bridges, shall
be ordered or directed by the city council,
except on the report and recommendation
OF the said board; all petitions from own
ers of prop5rty inrelation tosuch improve
mcnts, shall be presented to such board,
who shall report from time to time. to the
city council, when any such improvement
is necessary or proper, aud whenan assess
ment is required. and the proper amount
to be assessed; and the city council shall
take such action thereon as may be deemed
proper.
SEC. l06. MI rights and property, of
every kind and description, which were
vested in any municipal corporation under
It's former oganizatiou shall be deemed and
! held to be vested in the same municipal cor
| poratiop under the organization mpde by
this act; and no rights or liabilities either in
! favor oior against such corporation, existing
! Mt the time Of taking efectof this act, md
! no suit or prosecution of any kind, shall
be in any mannerafected by such change,
I bat the same shall stand or progress as il
/ no such change had been made; Provided,
! that where different remedy is given in
| this act. which can be properly made ap-
pIicabIe TO any rights existing at the time
/ of its passage, the same shall be deemed
cumulative to the remedies before provided
and may be used accordingly.
SEC. 107. Any municipal corporation
which, underits organization, held
on exercised any power or duty, in order
ing or directing the election of justices o.
the peace, constabIes, or other township
officers, shall continue to hold and exeI.
else such power and duty, until otherwise
provided by law.
SEC. 108. Any municipal corporation
in which, under its former organization,
+ any law or charter regulating any literary,
charitable or benevolent institution, YES
ted any power appointing officers of su-
pervision or control, shall continue to hold
and possess the like power and authority
IN every respect.
SEC. 109. That the mayor, trustees,
marshal, treasurer, and all officers here
tofore elected by the people, or appointed
by any municipal corporation, now in Of
fee, shall remain and continue in their
respective officers, and perform the sever
al duties thereof, under the provisions Of
this act, lntil the time shall expire for
! which they shall have been elected or op.
pointed and until their successors shall
be chosen or appointed and qualified, un-
less the council Of such corporation shall
otherwise provide; but all such officers
shall, notwithstanding any instruction in
this act, be subject to such rules and reg
uations touching their duties or comper-
sation, as the proper authority of any mu-
nicipal corporation may provide; and all
laws, ordinances and resolutions hereto
fore lawfully passed and adopted by the
! city council shall be, remain, and Contin-
ne in force, until altered or repealed by
the city council established by this act:
and all special acts in relation TO any mu-
nicipal corporation, repealed by the first
section Of this act, shall, notwithstanding,
so far as the same effects the particular
police regulations, or local affairs of any
municipal corporation, in matters not in
consistent with this act, be and remain in
force as by laws and ordinances Of the
particular municipal corporation, until al
tered or repealcd by The nronpr author.