Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-06-10
NAMs @1 NNNe.
AN ACT
To Drovide for the organization of Cities and
T,rornorated Villages.
BY AUTHORITY.

l.. Z
If ne STATE of Ohio, That all corporations
which existed when the present constitu-
tion took effect. for the purposes of mu-
nicipal government. either general or
special, and described or denominated
in any law then in force, as cities towns.
villages, or special road districts. shall
be, and they are hereby organized into
cities, and incorporated villages, with
the territorial limits to them respectively
prescribed. or belonging, in manner iol-
lowing; All such municipal corpora
tons, as in any such law are denomina-
ted cities, shall be deemed cities; and
those denominated towns, villages, or
special road districts, shall be deemed
incorporated villages; 10 be respectively
governed as cities, or incorporated viii
lages, and in case OF the latter, for gen.
eral or special purposes, as provided in
this act; and all acts now in force, for
the organization or government of any
such municipal corporations, shall be,
and they are hereby repealed; Provided,
that such repeal shall not destroy, or
bar, any right of property, action, or
prosecution, which may be vested, or
exist, at the time this act takes effect.
Sec. 2. When the inhabitants ofa part
of any county, not embraced within the
limits ofany city or incorporated village,
shall desire to be organized into an in
corporated village, they may apply by
petition, in writing, signed by the inhab-
itants so applying. to be in number not
less than thirty qualified voters. to the
county commissioners of the proper
county; which petition shall describe the
territory proposed to be embraced in
such incorporated village, and have an
nexed thereto an accurate map or plat
thereof; shall state the name proposed
for such incorporated village, and in
case the same be for the purpose of a
road district only, shall so state, and
shall also name the person or persons
authorized to act in behalf Of the peti-
tioners in prosecuting said petition.
Sec. 3. When any such petition shall
be presented to the county commission
ers, they shall cause the same to be filed
in the Office OF the county auditor, TO be
there kept, subject TO the inspection OF
any person or persons interested, until
the time appointed for the hearing there
of; the said commissioners, shall, at or
before the time of such filing, fix and
communicate 10 such petitioners, or
their agent, time and place for the
hearing ofsuch petition, which time shall
not be less than sixty days after the time
ofsuch filing; and thereupon the petition
ers, or their agents, shall cause notice
to be published in some newspaper OF
general circulation in the county, not
less than six consecutive weeks, and a
copy Of such notice TO be posted a; some
public place, within the limits of the
said proposed incorporated village, not
less than six consecutive weeks before
the time of such hearing; which notice
shall contain the substance of said Pc
tition, and state the time and place ap-
pointed for the hearing thereof
Sec. 4. Every such hearing shall be
public, and may be adjourned, from
time TO time, or from place to place, and
any person interested, may appear and
contest the granting Of said petition, and
affidavits in support of, or against said
petition, which may be prepared and
submitted, shall be examined by said
commissioners, and they may, in their
discretion, permit the agent. or agents,
named in the original petition, TO amend
or change the same, except that no
amendment shall be permitted whereby
territory not before embraced shall be
added, or the character of the proposed
incorporated village changed, from gen.
eral purposes TO special, or from special
to general, without appointing another
time for hearing, and requiring new no,
tice to be given as above provided.
Sec. 5. IL the county commissioners,
after hearing such petition, shall be sat.
isfed that at least fifty qualified voters
actually reside within the limits de-
scribed in the petition, and that said pe-
tition has been signed by majority of
them; that said limits have been accu-
rately described, and an accurate map
or plat thereof made and fled; that the
name proposed for the said incorporated
village, is proper and sufficient to distin-
guish it from others of like kind in the
State; and it shall moreover, be deemed
right and proper, in the judgment and
discretion Of said commissioners, that
said petition shall be granted; then, they
shall make and endorse on the said pe-
iition, an order, TO the effect, that the
incorporated village, as named and de
scribed in the petition, may be organ
lied; which order said commissioners.
or a majority of them, shall sign and
deliver, together with the petition and
the map or plat, to the recorder of their
county, whose duty it shall be TO record
the same as soon as may be, in the prop
er book of records, and to file and pre-.
serve in his Office the original papers,
having certified thereon, that the same
have been properly recorded; and it
shall also be the duty of said recorder,
to make out and certify, under his of.
fetal seal. two transcripts of said record,
one Of which he shall forward TO the Sec-
retary of State, and the other he shall
deliver to the agent, or agents, Of said
petitioners, with a certificate thereon,
that similar transcript has been for
warded TO the Secretary of State, as
above provided.