Centennial History of Columbus and Franklin County. William Alexander Taylor
treasury but by appropriations made by the city council; and the treasurer shall, when required, submit his books and vouchers to their inspection, and he shall perform such duties and exercise such powers as may be lawfully required of him, by the ordinances of said city.
Sec. 20. That there shall be elected annually by the city council, a city marshal, who shall hold his office one year, and until his successor be elected and qualified, who shall perform such duties and exercise such powers not herein specified as may be lawfully required of him by the ordinances of said city, and shall receive such fees and compensation as the said city council shall direct; the said marshal shall execute and return all writs and other process directed to him by the mayor, or when necessary in criminal cases, or for violations of the city ordinances, may serve the same in any part of Franklin county, it shall be his duty to suppress all riots, disturbances and breaches of the peace, to apprehend all rioters and disorderly persons and disturbers of the public peace in said city, and all persons in the act of committing any indictable offence against the laws of this State or ordinances of said city, or fleeing from justice after having committed any such offence, and him, her or them forthwith to take into custody and bring before the mayor for examination, and in case of resistance, may call to his aid and command the assistance of all bystanders and others in the vicinity; he shall have power to appoint one or more deputies, and at pleasure to dismiss or discharge them from office, and shall in all things be responsible for the correct and faithful discharge of their duties, and liable for all negligence, carelessness and misconduct in office; and positive violations of duty, which they or either of them may be guilty of in the performance of their official duties.
Sec. 21. That the mayor, councilmen. marshal, treasurer, city recorder, and all other officers under the government of said city, shall, before entering on the duties of their respective offices, take an oath or affirmation to support the constitution of the United States and of this State, and faithfully and impartially to perform the several duties of the office to which they may be respectively elected or appointed; and when required shall give such bond to said city with good and sufficient security, in such sum or sums, and with such conditions thereto, as the city council may from time to time direct, and in all cases not hereinbefore provided for, shall respectively be allowed and receive such fees and compensation for their services, and be liable to such fines, penalties and forfeitures for negligence, carelessness, misconduct in office and positive violation of duty, as the said city council shall by ordinance order and determine.
Sec. 22. That whenever the office of mayor, councilmen, marshal, treasurer, city recorder, or other officer in and by this act specified or provided for, shall become vacant by death, resignation, removal from the city, or otherwise, it shall be the duty of the city council, as soon as may be, to appoint some suitable person, having the requisite qualifications, to fill such vacancy, and the person so appointed shall continue in office during the remainder of the term for which his predecessor was elected or appointed; and in case of sickness or temporary absence of the mayor, the city council shall appoint some suitable person to perform the duties of that office during such sickness or temporary absence, who shall be obeyed and respected accordingly; Provided, that no appointment shall be made by the city council under this act, of any officer or agent of said city, or to fill any vacancy thereof, without the concurrent vote of a majority of all the members.
Sec. 23. That in all elections for city officers not otherwise provided for. it shall be the duty of the mayor to issue a proclamation to the qualified voters of said city, or to those of the respective wards, as the case may require, setting forth the time of such election, the place or places where the same shall be held, the officer or officers to be chosen; and cause such proclamation to be published in two of the newspapers printed in said city, at least ten days previous to said election; and every such election shall be opened between the hours of eight and ten o'clock in the forenoon, and continue open until four o'clock in the afternoon, and shall in all things be conducted agreeably to the laws regulating township elections for the time being, and it shall be the duty of the judges of such elections in the several wards, within two days thereafter, to make and direct the return thereof to the mayor of the said city, at his office, in the same manner that election returns are required to be made to the clerk of the court of common pleas, by the act entitled "an act to regulate elections;" Provided, that in all elections of mayor; the returns thereof shall be made and directed to the president of the city council: and the said mayor or the president of the city council, as the case may be. shall within five days after any such election, open the returns which have been made to him as aforesaid, and shall make an abstract of all the votes and file the same with the city recorder, who shall make a record thereof in a book to he kept by him for that purpose; and the person or persons having the highest number of votes shall be declared duly elected, but if from any cause the qualified voters of said city, of the respective wards, as the case may be, shall fail to effect any election at the time and in the manner herein provided, the mayor shall forthwith issue his proclamation for a second or other election, which in all things shall be notified, conducted, regulated and the returns thereof made, as in and by this act is prescribed; and the person or persons who shall be chosen at any such second or any other election, shall hold his or their office until the next stated period for the choice of a successor or successors, and it shall be the duty of the mayor or president of the city council, immediately to notify such person or persons as may be elected as aforesaid, of his or their election, by causing a written notice thereof to be served upon him or them, by the city marshal or his deputy; and every person so chosen or elected as aforesaid, shall, within ten days after being notified of his election, cause himself to be qualified to enter upon the duties of his office, and in default thereof, the office to which he shall have been elected, shall (be) deemed and considered in law to be vacant; and it shall be the duty of the city council to prescribe the time and manner, and provide the place or places of holding all elections in said city for city officers, and of making the returns thereof, not herein otherwise directed and prescribed.
Sec. 24. That each and every white male inhabitant above the age of twenty-one years, having the qualification of an elector, for members of the General Assembly of the state of Ohio, and having resided in said city one year next preceding any election for city officers, shall be deemed a qualified voter of said city, and shall be entitled to vote in the ward in which he resides for mayor and members of the city council: Provided, that no person shall lie capable of holding any office under the government of said city who has not resided therein, and been an inhabitant thereof at least one year next preceding his election or appointment, and provided also, that no person shall be eligible to the office of mayor, marshal, or treasurer of said city, who shall not have resided in said city and been an inhabitant thereof three years next preceding his election or appointment.
Sec. 25. That the city council, two-thirds of all the members concurring therein, shall have power to borrow money for the discharge and liquidation of any debt of the city, and to pledge for the payment of the interest and the repayment of the principal, the property and resources of the city in such manner and upon such terms and conditions as by an ordinance, voted for by two-thirds of the members elected as aforesaid may be prescribed.
Sec. 20. That the said city council shall have power on the petition of the owners of two-thirds in value of any square or section in said city to lay out and establish a new street or streets, alley or alleys through or across such square or section. Provided notice of the presenting of such petition shall be given by publication thereof in at least two of the newspapers published in said city for three weeks in succession, the last of which shall be at least sixty days before the presenting said petition; and provided also that if any person shall claim damages in consequence of the laying out of any such new street or alley, and shall file notice thereof in writing, in the office of the mayor within ten days after the order for laying out said street or alley shall have been made; the said city council shall cause the damage if any over and above the benefit to the property claimed to have been injured to be assessed under oath by three dis-interested judicious freeholders of said city to be appointed by said council for that purpose which shall be paid within three months after the making of the said order by the persons petitioning for the laying out of such new street or alley or in default thereof, the order laying out the said street or alley shall be null and void.
Sec. 27. That the mayor and council, recorder, treasurer, town marshal,