Centennial History of Columbus and Franklin County. William Alexander Taylor
boundary of South Columbus, thence with the south side of said alley or lane to the west side of the alley or street which is the western boundary of South Columbus, thence north with the west side of said alley or street to the south side of South Public Lane, thence west to the west side of the Columbus Feeder so as to include the tow path, thence north with said tow path to the Scioto River, and in the same direction across said river, thence up the west side of said river, and in the same direction across said river, thence up the west side of said river and with the meanders until a line drawn due north will reach the place of beginning, shall be and (is) hereby declared to be a City, and the inhabitants thereof are created a body corporate and politic, with perpetual succession, by the name and style of "the City of Columbus," and, as such by that name, shall be capable of contracting and being contracted with, of suing and being sued, pleaded and being impleaded, answering and being answered unto, in all courts and places, and in all matters whatsoever and also of purchasing, using, occupying, enjoying, and conveying real and personal estate and may have and use a corporate seal, and change, alter and renew the same at pleasure, and shall be competent to have, receive, and enjoy all the rights, immunities, powers and privileges, and be subject to all duties, and obligations incumbent upon and appertaining to a municipal corporation, and for the better ordering and governing said City, the exercise of the corporate powers of the same herein and hereby granted and the administration of its fiscal, prudential and municipal concerns, with the conduct, direction and government thereof shall be vested in the mayor and council, consisting of four members from each ward, to be denominated the city council, together with such other officers, as are hereinafter mentioned and provided for.
Sec. 2. That the said City of Columbus shall be, and is hereby invested as the lawful owner and proprietor, with all the real and personal estate, and all the rights and privileges thereof, together with all the property funds, and revenues and all money, debts, accounts and demands due and owing or in any wise belonging to the mayor and council of the borough of Columbus, or which by or under the authority of any former acts, ordinances, grants, donations; gifts or purchases, have been acquired, vested in or are or may be owing or belonging to the said mayor and council of the borough of Columbus, and the same are hereby transferred to the corporate body created and established by this act, and all suits pending and judgments recovered by, in favor of, or against the said mayor and council of the borough of Columbus, together with all rights, interests, claims and demands in favor of and against the same, may be continued, prosecuted, defended and collected, in the same manner as though this act had never been passed, and the said City shall be held accountable, and made liable for all debts and liabilities of the said mayor and council of the borough of Columbus.
Sec. 3. That the said city, shall be divided into three wards; the first ward shall comprise all the territory north of the center of State street, the second ward all between the center of State and the center of Rich streets and the third ward all south of the center of Rich street, until such boundaries may be altered, or the number of wards may be increased by city council, who are hereby authorized and empowered to make alterations in the boundaries of or to establish additional wards as the public convenience may require.
Sec. 4. That the mayor of said City shall be elected by the qualified voters thereof on the second Monday of April, biennially, and shall hold his office for the term of two years, and until his successor shall be chosen and qualified, it shall be his duty to be vigilant and active at all times in causing the laws and ordinances of said city to be put in force and duly executed, to inspect the conduct of all subordinate officers in the government thereof, and as far as in his power to cause all negligence, carelessness, and positive violation of duty to be prosecuted and promptly punished; he shall keep the seal of said city, sign all commissions, licenses and permits which may be granted by or under the authority of the city council, and shall keep an office in some convenient place in said city, to be provided by the city council; he shall perform such duties and exercise such powers as from time to time may devolve upon him by the ordinances of said city, not inconsistent with the provisions of the act, and the character and the dignity of his office, and generally do and perform all such duties, and exercise such other powers as pertain to the office of mayor; he shall in his judicial capacity, have exclusive original jurisdiction of all cases, for the violation of the ordinances of said city, and he is hereby vested with powers coequal with justices of the peace within said city, and shall have power to exercise the same jurisdiction and authority in civil and criminal cases, within the limits of said city, and shall be entitled to the same fees as justice of the peace in like cases, all process shall be directed to the city marshal, who is hereby authorized and empowered to exercise the same powers, in serving such process, levying execution and making distress on delinquents in civil and criminal cases, and shall be entitled to the same fees as constables are for the like services, and in case of misconduct in office of the mayor, recorder, treasurer, marshal, councilman, or any subordinate officer the city council have hereby power to remove him, or any of them, by an agreement of a majority of two-thirds concurring, and the mayor shall have power and it shall (be) lawful for him to award all such process and issue all such writs as shall be necessary to enforce the due administration of right and justice throughout said city, and for the lawful exercise of his jurisdiction agreeably to the usages and principles of law; Provided that in all cases brought before said mayor, for violations of the ordinances of said city, and where said mayor shall adjudge the defendant or defendants to pay a fine of five dollars and upwards, exclusive of costs; the defendant or defendants shall have the right of appealing from the said judgment to the court of common pleas of Franklin County, upon giving bond in double the amount of said judgment and costs, and with such security as shall be approved of by said mayor, within ten days from the rendition of said judgment, which bond shall be conditioned to pay and discharge the judgments and costs, which may be recovered against him, her or them, in the said court of common pleas, which appeal when perfected by giving bond as aforesaid, shall entitle the party appealing to the same rights and privileges, subject to the same conditions, restrictions and limitations, as by the laws of this state, pertain to parties appealing from the judgments of justices of the peace to the courts of common pleas, and the said causes so appealed, shall be prosecuted in the said court of common pleas, by indictment and trial by jury in the same manner as offences against the laws of the state are prosecuted; and it shall be sufficient to set forth in the indictment, the offence in the words of the ordinance said to be violated; and to refer to said ordinance by title only without reciting such ordinance and by concluding the said indictment against the peace and dignity of the state of Ohio. And the said court of Common Pleas of Franklin county, is hereby authorized, empowered and directed to take cognizance of, and hear and determine all such cases as shall be brought before them by appeal as aforesaid, and assess such fine, and pass such judgment against such defendant or defendants, as shall be prescribed by the ordinances of the city.
The mayor shall moreover, have authority to take and certify the acknowledgments of all deeds for the conveyance or encumbrance of real estate situate in the state of Ohio. And it shall be lawful for him to order any person brought before him charged with the commission of any criminal offence in any state or territory of the United States, upon proof by him adjudged sufficient, to direct such accused person to be delivered to some suitable person or persons to be conveyed to the proper jurisdiction for trial.
Sec. 5. That the qualified electors of each ward in said city shall, on the second Monday of April next, elect by ballot, four members of the city council in each ward, who shall have resided in said city three years, and shall have been freeholders or householders therein one year next preceding such election, and shall be residents and inhabitants of the ward in which they shall be elected, and the members so elected shall meet in each ward wit bin five days, and determine by lot, the time they shall severally serve; one shall serve one year, one two years, one three years, and one four years; so that one-fourth of them shall be out every year, and at every annual election, which shall be on the second Monday in April in every year, there shall be elected one new member of said council in each ward who shall continue in office four years, and until their successors shall be elected and qualified, and the members so elected shall, when assembled together, and duly organized continue the city council a majority of the whole number of whom shall be necessary to constitute a quorum for the transaction of business; they shall he the judges of elections, and qualifications of their own members, and shall determine the rules of their proceedings,