Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-05-07
NUMBER Is.


or part thereof, shall have been so lighted. a
recovery shall be had charge enforced to the
extent OF the proper proportion of the value
OF work or material which would be charrea-
BILE on such lot or land, or against such rail-
road company, according to the provisions Of
such ordinance and Of this section, pothwitb-
standing any irregularity, informality or de-
feet IN any assessment on the part of such
municipal corporation, or its officers; but in
such case the court shall adjudge as to costs
as may be deemed proper; and in cases where
assessments shall have been regularly made,
and payment shall have been neglected or
refused at the time when the same was re-
quired, any municipal corporation, or any per-
son to whom the said corporation shall have
directed payment to be made, shall be enti-
ted to demand, and recover in addition to the
amount assessed, with interest from the time
of assessment, the additional sum Of FIVE per
cent, penalty to defray the expenses Of col
lection, and which shall be included in the
Judgment or decree
Sec. 10. That the forty-ffth section
OF said act be, and il is hereby so amended
as to read as follows: "Sec. AS The said
trustees shall have the exclusive supervision
and control of all public roads, streets and
alleys, sewers and drains, constructed or to be
constructed within the limits of such special
road district; they shall have the power to
lay Oft and establish, to improve, keep in or
der, and repair, roads, streets and alleys, and
to open and construct, and keep in order and
J repair, sewers and drains: TO enter upon and
take for the purpose aforesaid, when necessa-
ry, land or material: to assess and collect a
charge for the construction, improvement, or
repair of any such road. street or alley; and
to carry into effect such powers, and the 9TH
er powers incident to corporation for the
said special purposes, may make and publish
and enforce, bylaws and ordinances, and
shall have the like rights and remedies in all
respects, as in this act provided, in relation
to other municipal corporations. And for the
services performed by any supervisor in his
capacity as such, under the direction of the
trustees OF any such special road district, the
same shall be settled and paid for by the
trustees OF the proper township or townships,
as in other cases."
Sec. 20. That the forty second section of
said act be. and the same is hereby SO amend
ed as to read as follows: "Sec. AZ. 1t shall
be the duty of the Governor, Auditor, and the
Secretary of State. or any two of them, at
the time Of ascertaining the ratio of represen-
tation, as required by the eleventh section of
the said article of the constitution, also to as
certain what cities of the second class are en-
titled to become cities of the first class, and
what incorporated villages are entitled to be-
come Cities and their proper Glass; and the
Governor shall cause statement thereof to
be prepared by the Secretary of State, which
statement he shall cause to be published in
sonc newspaper printed in the city Of Colum-
bus, and also in some newspaper printed in
each OF the cities or Incorporated villages the
grade of which shall have been so advanced,
and copy of said statement shall also be
E transmitted by the Secretary of State 50 the
next session of the General Assembly; pro-
vided, however, that before said city or in
corporated village shall be advanced as here
in provided, the trustees thereof by resolution
certified to the Secretary of State, shall ac.
cept of such advanced grade, and therefrom
any such city or incorporated village shall, at
the next regular annual period for the election
OF municipal officers, proceed to organize &C.
cordng to its new grade, by the election of
officers properly belonging thereto, and on
there election and qualification the term of
service of every former officer shall expire
And 1t shall further be the duty of the Gov
ernor, Auditor and Secretary of State to de-
clare cities of the second class, cities of The
first class, between decennial periods; Pro-
vlded the application from any city, be accom-
panied by resolution adopted by said city
council, asking to be declared city of the
first class, shall be accompanied with satisfac-
tory evidence showing the population of said
city to be over twenty thousand"
Sec 81. Any town which by the special
act of incorporation, has been divided into
wards, shall be denomiuated city of the Sec
ond class, if the council shall so determine.
Sec. %. That the powers granted to the
council of any city by section sixty-fve of the
act to which this amendatory, are here grant.
ed to the council of any Incorporated village
containing no: less than fifteen hundred in
habitants.
Sec. 23. That the mayor of any incorpo-
rated village shall have power to appoint tenn.
porarlly as many assistant marshals as he may
think necessary who shall take an oath of or
flee, and may be required to give bond and
security to the council thereof for the faithful
discharge of their duties and who shall have
the same powers as the chief marshal.
Sec. "a, That section ifty-seven Of the
act to which this is amendatory, be and the
same is hereby so amended as to read as fol-
lows: "The Mayor shall be elected biennially
in cities Of the first and second class on the
first Monday in April by the qualified voters
of the city; he shall be a qualified elector
and reside within The limits OF the city, and
shall hold bis office during the term for which
he shall have been elected and until his sue
cessor shall have been elected and qualified;
he shall keep an Office at some convenient
place in the city to be provided by the city
council, and shall keep the corporate seal Of
the city in his charge; he shall sign all cem-
missions, licenses and permits granted by the
authority OF the city council, and such other
acts as by law or ordinance may require his
certificate In case of death. disability, re-
signation or other vacation of his Office, the
citV cOunci mau nv n vote of a u,a;cr;t., &c