Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1852-05-29

Judicial proceeding in the State.
Sec. Z. Two months shall elapse
from the time such transcripts are for
warded and delivered. before notice
shall be given of an election OF officers.
in any such incorporated village; and
any person interested, or the prosecu.
ting attorney of any county, may al
any time within said two months, make
complaint in writing, in the nature of
an application for an injunction, TO the
court Of common pleas of the county,
or to the judge thereof in vacation
having given at least five days notice
thereof, and furnished a copy of the
complaint to the agent or agents of the
petitioners, for the purpose of having
the organization of such proposed in
corporated village prevented. |; shall
be the duty of the court or judge to
hear such complaint in a summary
manner. receiving answers, afidaVits
and proofs, as may be deemed perth
nent; and if it shall appear that the
proposed Incorporated village does not
contain the requisite number of inhab-
itants. or that a majority of them have
not signed the petition, or that the linn
its Of said proposed incorporated viii
lage are unrcasonably large, or small,
or are not properly and sufficiently de-
scribed, then the said court or Judge
shall oider that the record of said in
corpOrated village shall be annulled;
and it shall be the duty Of the county
recorder to endorse on the record the
order so made, and to certify and trans
NIT to the secretary of state copy
thereof; and thereupon the record
shall be of no effect; but such proceed
ing shall, in no manner, bar subse-
Quent petition to the county commits
sioners.
Sec. 8. Unless the agent or agents
of the petitioners shall, within two
months after a transcript shall be de-
liYered, as above provided, be notified
of complaint having been made to
the court Of common pleas, or a Judge
thereof, then az the end of said two
months, and after the dismission Of said
complaint, tile said agent Oh agents
shall give public notice, by posting the
same at three or mere public places
within the limits of such incorporated
village, ofshe time and place of holding
the first election for officers of said in
corporated village, which election shall
be conducted, and the officers elected
and qualified, in the manner prescribed
by law in like cases; Provided. that if
said election shall be had at any time
other than that prescribed by law for
the regular election of such officers,
the officers elected shall continue in Of
fee SO long, and in like manner as if
they had been elected at the next pre-
cedlng period of such regular election.
Sec. 8. When the inhabitants of a
part of any county, contiguous and ad-
joining to any city or incorporated vii
lage, shall desire to be annexed to such
city or incorporated village, they may
apply, by petition in writing, to the
county commissioners of the proper
county, signed by the inhabitants SO
applying, TO be in number moi less than
a majority of the qualified voters,
which petition shall describe the terito-
ry proposed to be annexed, and be nc
companied by an accurate map or plat
thereof; and shall name the person or
persons authorized to act in behalf o
the petitioners in prosecuting said peti-
ton.
Sec. 10. When any such petition
shall be presented to the said county
commissioners, they shall cause the
same to be filed, and like proceedings
shall be had for hearing thereof, as
is prescribed by the fourth and fifth
sections of this act; and if the county
commissioners, after such hearing,
sha ! be satisfied that at least ten quail
flied voters, and having a freehold in
terest in the territory proposed TO be
annexed, and who actually reside with
in the limits described in the petition,
and that the said petition has been
signed by a majority of them, that the
said limits have been accurately des-
cribed, and an accurate map thereof
made and fled; and it shall moreover
be deemed right and proper, in the
judgement and discretion of said COM
missioners, that said petition should be
granted, then they shall make and
endorse ON the said petition an order,
to the effect that the territory descri-
bed in the petition may be annexed to.
and become part of the city or incorpo,
rated village named in said petition;
which order said commissioners or a
majority of them, shall sign and deliv-
er, together with the petition and map
or plat, to the clerk of such city or in.
corpoi rated village.
Sec. Ii. No further action shall
be taken on such order for The space
of two months; and within that time
any person interested, or the prosecu-
ting attorney of the county, may in
like manner as is provided in the sew
enth section of this act, institute a pro
ceeding to have the proposed anuexa-
alton prevented, and if shall appear
to the court or judge, hearing such pro-
ceeding, that majority of the quail
fed voters, freeholders as aforesaid
actually residing within the limits de-
scribed in such petition, have not sign
ed the same, or that the territory pro-
posed to be annexed is unreasonably
large, or that said territory is not prop
erly and sufficiently described, he shall
make an order to restrain any further
action, under the order of the county
commissioners, and annulIing the same
but such proceeding shall not bar any
subsequent p~titlon to the county COM
mlssloners.