The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-05-28

such loans IN any one fiscal year. shall not
Iexceed. m cass oI q specIal road district, one
thousand dollars, Of an incorporated village,
five thousand dollars. Of cityof the second
class, fifty thousand dollars Off city Of the
| first class, one hundred thousand dollars.
Sec. SO. That the council of any muni-
cipal corporation, shall not authorize any
loan, or appropriation not predicted on the
revenues OF the corporation for the current
fiscal year, and shall not authorize any order
! or appropriation Of money, when there isnot
lin the city treasury money unappiopriated,
i sufficient to pay such appropriation; and
i any appropriation otherwise made or author
lived. shall be held and deemed utterly void,
and OF no effect as against said corporation.
.lOF ELECTIONS AND QUALIFICATIONS
i OF OFFICERS.
4 Sec. 80. The first Monday in April shall
be the regular annual period for the election of
all municipal officers; and all officers whose
election is provided for in this act, or may be
provided for by any bylaw or ordinance,
shall be elected on that day. Special elec-
tions of members Of the city council Of any
4 city, shall be held at such time as the mayor
may direct, so that ten days notice thereofbe
given. The trustees or council of every munic-
ipal corporation, shall direct the place or pla.
ces for holding elections for municipal officers.
In all cities there shall be4a-place appointed in
each ward for holding all elections. Any per
SON, who, at the time of any election Of munic-
Iipal officers, would be a qualified voter, under
the laws Of the state, for county officers, and
shall actually reside in the corporation or ward
: in which he offers to vote. shall be deemeda
qualified. voter. And all elections shall in all
respects, be held and conducted in the manner
prescribed by law, in case Of township cleo
tions.
Sec 100. The returns ofall municipal elec-
, tions in cities and incorporated villages, which
/, are divided into election districts and wards,
\ shall be made TO the clerk or recorder Of the
: corporation, and shall be opened by him with
1 In the time prescribed as to the clerk of the
S court of common pleas in county elections
/ He shall call to his assistance the mayor OF the
corporation, or if there beno mayor, or the may
o Tor shall have been a candidate at such elec-
tion, then any justice Of the peace Of the coun-
a ty, and shall, in his presence, make out on
abstract and ascertain the candidates elected,
in all respects, as requ red by law ofthe clerks
of the court of common pleas and shall, in
: like manner, make out certificate as to each
e candidate so elected, and cause the same to be
! delivered to him. or to be left at his usual place
e of abode At all elections in cities and incor
Z porated villages, which are not divided into
election districts, or wards, the mayor and
n trustees, any three of whom shall be quorum,
/ shall serve as judge s, and the recorder shall
serve as clerk and after canyassing the votes
: which may be given at such election, shall de-
= clare the result, and the recorder shall make
y out and deliver to each person elected to any
! Office in such cityor incorporated village, Ger;
: tlfcate Of such election.
y Sec. l0l. All officers elected or appointed
nany municipal corporation, shall take an oath
I or affirmation to support the constitution of the
S United States, and the constitution ofthe State
n of Ohio, and also, an oath or affirmation ofOi-
! fee; and the trustees or council of any munIc,
Iipal corporation, may require from such officers
!. as they may think proper, bond, with proper
penalty and surety, for the faithful discharge Of
the duties of their office and such trustees or
y council shall have power to declare the Office
u Of any person appointed or elected to any office,
II who shall fail to take the oath Of office, or give
le bond when required, for ten days after he shall
,e have been notifedof his appointment or cleo
l. tion, vacant, and proceed to appoint. as in
Il other ca 'es OF vacancy. r
" FURTHER GENERAL PROVISIONS.
- Sec. l02. ALI Bylaws or ordinances shall,
9 as soon as may be after their passage, be re-
8 corded in book kept for that purpose, and be
7, officer Of the council, and the clerk, and all
e bylaws Of general or permanent nature, ar d
n those imposing any fine. penalty or oreiturc,
+; shall be published in some newspaper of gen.
Il eral circulation in the municipal corporation
/ and it shall be deemed sufficient defence to
any suit or prosecution for such fine penalty or
forfeiture, to show that no such publication was
:, = made.
i Sec. 1903. On the passage or adoption OF ev-
cry bylaw ordinance, and every resolution or
order to enter into contract, by any council
3 of any municipal corporation, the yeas and nays
II shall be called and recorded; and 10 pass or
l. adopt any by law ordinance, OF any such reso-
l. luton or order, a concurrence OF majority OF
e the whole number of members elected to the
ii counci, shall be required q Il appointments Of
J, officers by any council shall be made vivayoce,
1 and the concurrence of a alikemajority shall by
10 required; the names Of those voting, and Tor
= whom they voted, on the vote resulting in an
= appointment, shall be recorded. No money
~ Shall be appropriated by the council, except
' by ordinance.
Sec. l04. No street or highway shall be
e opened, Strengthened or widened nor shall any
l. other improvement be made, which will require
IL proceedings TO condemn private property, with'
Y, out the concurrence in the bylaws, ordinance
r or resolution, directing the same, OF twothird:
M Of the whole number Of the members elected 10
!; the council and the concurrence 0! a like ma
!, jorty shall be required to direct any improve
!. ment or repair of a street or highway the cos
~ OF which is to be assessed on the owners o.
~ property, unless thirds Of the owners to be
"a charged shall petition in writing therefor.
4 Sec los. In all cities of the first class
where there shall lie board of city improve.
he ments. no improvement or repair in relation Il
he streets, sewers or bridges, shall be ordered o.
II directed by the city council, except on the re-
es port and recommendation Of the said board;
4 all petitions from owners Of property inrelatior
IN to such improvements, shall be presented L
l., such board, who shall report from time to tint
:, 10 the city council, when any such improve
: ment is necessary or proper, and when an as
sessment is required, and the proper amount t.
e. be assessed and the city council shall tak'
Us such action thereon as may be deemed proper
ne Sec. 106. All rights and property, OF ever.
nd kind and description, which were vested in an!
he municipal corporation underits former organI
by zation, shall be deemed and held to be yestet
ID in the same municipal corporation under tn,
n organization made by this act; and no rights o
an liabilities, eitherin favor ofor against such cor
! poration, existing atthe time Of taking effect 0
= this act, and no suit or prosecution Of any kind
II shall be in any manner affected by such change
~ but the same shall stand or progress as if NJ
le- such change had heen mada !. prov;ded tha