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1838 Local Acts-5-2
SEC. 2. By that name they may have perpetual succession, sue and
be sued, plead and be impleaded, defend and be defended against in
any court of law or equity.
1838 Local Acts-5-3
SEC. 3. They may contract and be contracted with, purchase lands,
tenements, hereditaments, goods and chattels, and hold the same for the
use and benefit of themselves and their successors, or for the same
purposes, may sell, transfer and convey the same to others. They may
also borrow money for the use of said corporation; and in case of a
surplus at any time on hand above the immediate wants of the
corporation, may loan the same at any interest not exceeding the rate
of ten per cent. per annum, or invest the same in profitable stocks as
may be deemed best and safest for the interests of such corporation.
1838 Local Acts-5-4
SEC. 4. Said corporation may have and use a common seal, and
break and alter the same at pleasure, and make and enforce all by-laws
and ordinances necessary for the good government and welfare of said
town, not inconsistent with the constitution of the United States and the
constitution and laws of this state.
1838 Local Acts-5-5
SEC. 5. The inhabitants thus incorporated shall be embraced within
the following limits, viz: all the in-lots together with two tiers of out-
lots on the north, three tiers on the east, one tier on the west, two tiers
on the south side, east of Marker street, and one tier south on the west
side of Market street, including out-lots 30 and 31, and running due
west to the Wabash river, and those limits shall forever remain the
same unless altered by law. The common council shall however, from
time to time in their discretion, change the wards of said town in order
to equalize the same as near as practicable in regard to property and
population, neither increasing or diminishing the number thereof, but
until such change is made, the five wards or districts of said town, as
at present defined, shall be the established wards of said corporation.
1838 Local Acts-5-6
SEC. 6. The officers of the corporation shall consist of a mayor, ten
council men, an assessor, a collector, a treasurer, a clerk, and a
marshall.
1838 Local Acts-5-7
SEC. 7. The mayor shall be elected by the qualified voters residing
within the limits of the town, triennially, and shall hold his office for
the term of three years, and until his successor is chosen and qualified.
1838 Local Acts-5-9
SEC. 9. The assessor, collector, treasurer, clerk, and Marshal, shall
be appointed by the common council, and shall hold their offices
during good behavior, subject however to removal at the pleasure of
said board. Except as in this act provided, it shall be the duty of the
common council to fix the compensation of said officers so by them
appointed, and the same to increase or reduce at pleasure.
1838 Local Acts-5-10
SEC. 10. The mayor and councilmen shall constitute a board to be
called the Common Council, of which the mayor shall be ex officio the
president.
1838 Local Acts-5-11
SEC. 11. Six members of the common council, exclusive of the
mayor, shall constitute a quorum for the transaction of business, and in
case of the absence of the mayor, or in case of a vacancy in his office,
may elect one of their number president pro tempore of said council.
1838 Local Acts-5-12
SEC. 12. It shall be the duty of the mayor to preside at all meetings
of the board, unless pending questions in which he may be personally
interested; but he shall only be entitled to a vote on questions where the
board doing county business shall be equally divided, and in all such
cases he shall give the casting vote.
1838 Local Acts-5-13
SEC. 13. In case of a vacancy in the office of mayor, such vacancy
shall be filled by a new election, two weeks notice thereof being give
by the common council in some public newspaper printed in the town
of Terre Haute.
1838 Local Acts-5-14
SEC. 14. In case of vacancy in the office of any councilman, such
vacancy shall be immediately filled by the board of councilmen_such
appointment to continue until the next regular annual election, and
until a successor to such person so appointed is chosen and qualified.
1838 Local Acts-5-15
SEC. 15. A full and accurate record of the proceedings of the
common council, shall be kept by the clerk, and each days proceedings
shall be signed by the president and attested by the clerk; which
proceedings shall be subject at all times to the inspection of any citizen
of the town who is a qualified voter thereof.
1838 Local Acts-5-16
1838 Local Acts-5-17
SEC. 17. Before entering upon the duties of his office, the mayor
shall take an oath or affirmation, before some officer authorized to
administer oaths, and also give bond made payable to the "town of
Terre-Haute," in the penalty of one thousand dollars with security, to
be approved of by at least six councilmen, for the faithful discharge of
his duties, which bond shall be deposited in the clerk's office of the
county of Vigo for the benefit of the corporation, or any person
aggrieved.
1838 Local Acts-5-18
SEC. 18. The mayor so elected and qualified, shall have the same
jurisdiction and power, in both civil and criminal cases, which justices
of the peace in and for the township of Harrison in the county of Vigo
have; and his jurisdiction shall extend to all cases of violation of any of
the by-laws, ordinances, regulations or decress of the common council,
in regard to every matter whatsoever.
1838 Local Acts-5-19
SEC. 19. Said mayor shall have the same power to issue process in
all cases within his jurisdiction, shall proceed in the same manner, and
be entitled to the same fees as justices of the peace. He shall keep a
docket which in all respects shall have the same effect as a docket of
a justice of the peace, and the parties to any suit before him, shall have
the same right to a change of venue, to trial by jury, and to an appeal to
the circuit court, as if the suit were instituted and pending before a
justice of the peace.
1838 Local Acts-5-20
SEC. 20. It shall be the duty of the marshal to serve and return all
process issued by the mayor, and his power for this purpose shall be co-
extensive with the county of Vigo. He shall attend all trials before the
mayor, and shall be entitled to the same fees as constables for like
services, and shall in addition to being the executive officer of the
common council, be a peace officer within the town. In case of the
absence or inability of the marshal, the mayor may direct process to any
constable of Harrison township, who shall serve and return the same as
in other cases.
1838 Local Acts-5-21
SEC. 21. No person shall be incompetent to be a witness or juror in
suits for the violation of any by-law, ordinance, or decree of the
common council, because such person may be a citizen of the town.
1838 Local Acts-5-22
SEC. 22. The stated meetings of the common council shall be on the
first Monday in each month in the year, and special meetings may be
called at any time, the councilmen being thereof duly notified.
1838 Local Acts-5-23
SEC. 23. The councilmen and the assessors, collector, treasurer,
clerk and marshal, shall severally be sworn faithfully to discharge their
duties before entering into office, and the treasurer, collector and
marshal shall severally give bond payable to the "Town of Terre
Haute," in such penalty as may be required by the common council for
the faithful discharge of their duties, and for faithfully accounting for
all moneys or property that may come into their hands by virtue of their
respective offices, the security to be approved of by the common
council, which bonds shall be filed in the clerk's office of the county of
Vigo, for the benefit of the corporation or any person aggrieved.
1838 Local Acts-5-24
SEC. 24. In case of the rendition of judgment upon any bond taken
by virtue of this act against the makers thereof, no stay of execution
shall be allowed thereon; and in all prosecutions upon any official bond
given by virtue of this act, the same shall be instituted in the Vigo
circuit court.
1838 Local Acts-5-25
SEC. 25. Every qualified elector of this State, not a pauper, who
shall have resided in the town of Terre Haute for six months next
preceding the election, shall be entitled for mayor and councilmen of
said town.
1838 Local Acts-5-26
SEC. 26. An election for mayor shall be held at the court house, or
some other convenient place in Terre Haute, on the first Monday in
May, 1838, and on the first Monday in January, tri-ennially, thereafter,
between the hours of ten, A.M. and four, P.M. of said day, of which
election there shall always be two weeks notice given, in some
newspaper printed in said town. Of the first election of mayor, to be
held by virtue of this act, notice shall be given by the existing board of
trustees of said town, and of all subsequent elections for the same
office, notice shall be given by the common council.
1838 Local Acts-5-27
SEC. 27. On the first Monday in May next, and on the first Monday
in January, annually thereafter, polls shall be open in each of the five
wards of said town for the election of two councilmen in each of said
wards, at which election all persons authorized to vote for mayor, shall
be entitled in their respective wards to vote for councilmen, notice of
such elections to be given for the same period and in the same manner
as provided in case of the election of mayor; Providid however, That
whenever an election of mayor and councilmen occurs on the same
day, separate polls shall be opened for mayor and councilmen in the
ward at which the votes are taken for mayor; but nothing herein shall
prevent the judges and clerk in such ward from acting as judges and
clerk of both of said elections, separate and distinct lists being always
kept of the votes thus received.
1838 Local Acts-5-28
SEC. 28. all votes for mayor and councilmen shall be by ballot, and
any person voting out of the ward of which he is a resident, for
councilmen, shall be deemed guilty of a high misdemeanor, and on
conviction there by presentment or indictment in the circuit court of
Vigo county, shall be fined in any sum not exceeding one hundred
dollars; and any person voting more than once at the same election for
the same office, whether for mayor or councilmen, shall be liable to the
same penalty in the same manner.
1838 Local Acts-5-29
SEC. 29. In the first election for mayor, by virtue of this act, the
president of the existing board of trustees, shall with two other
qualified voters of said town, to be by him selected, act as judges of
said election, they being first sworn faithfully to discharge their duties
as such. After being sworn, they shall select some qualified voter of the
town, as the clerk of such election, who shall also be sworn in like
manner: Provided however, That in case of the absence of such
president, some other qualified voter of the town may be selected in his
stead, by the electors present, who shall then be invested with the same
powers.
1838 Local Acts-5-30
SEC. 30. When so qualified as aforesaid, said judges shall proceed
to receive and count the votes given, and the clerk to keep a correct list
thereof; and on the day subsequent to such election, said judges under
their hands and seals shall certify to the clerk of the existing board of
trustees the name of the person receiving the highest vote, who shall
thereupon be deemed duly elected mayor, which certificate shall be
filed, and recorded by said clerk on the records of said board.
1838 Local Acts-5-31
SEC. 31. When such certificate shall be so filed, it shall be the duty
of the clerk of said board to make out and deliver to the person so
elected, a certificate of election, which shall be a sufficient and full
authority to said person to exercise the powers delegated to him by this
act after giving bond and taking the oath required by law.
1838 Local Acts-5-32
SEC. 32. In the election of councilmen at the first election held by
virtue of this act, the existing trustee of the proper ward, or in case of
his absence some other person who is a qualified voter of the ward, to
be selected by the persons present, together with two other qualified
voters of said ward to be by him selected, shall act as judges of this
election in such ward, after being duly sworn faithfully to discharge
their duties as such. They shall also select in the same manner some
qualified voter of the ward, to act as clerk of such election, who shall
be sworn in like manner. In all elections for councilmen, the same rule
shall be observed in receiving and counting votes, and in keeping a list
thereof, as is observed in the election of mayor. On the day subsequent
to such election, the judges thereof shall certify the names of the two
persons receiving the highest number of votes, as duly elected
councilmen for said ward, to the clerk of the board of trustees as
aforesaid, which certificate shall be filed and recorded as aforesaid, and
when so filed, a certificate of such election shall be made out by said
clerk, and delivered to the persons thus elected: Provided, however,
That in the ward where the mayor's election is held, the same judges
and clerk may act as judges of the election of mayor and councilmen.
1838 Local Acts-5-33
SEC. 33. In all elections subsequent to 1838, for mayor and
councilmen, the same rules and regulations shall be observed, except
that instead of president of the board of trustees, acting as a judge at the
mayor's election, and instead of the trustees of the proper wards acting
as a judge at the elections in the respective wards, it shall be the duty
of the common council to appoint some proper persons to fill their
respective stations, who shall be termed inspectors of elections; and
when so appointed, they shall with two other qualified voters of said
town to be by them selected, conduct such elections in the manner
prescribed in the foregoing sections.
1838 Local Acts-5-34
SEC. 34. No person shall be eligible to the office of mayor or
councilman, unless he is a qualified voter and a freeholder of said
town.
1838 Local Acts-5-35
SEC. 35. In all elections after 1838, a certificate of election shall be
made out by the clerk of the common council, and delivered to the
person duly elected, such election having been first certified to the
clerk, by the judges thereof, as is provided in the foregoing sections of
this act, and in all cases a record of the certificates of said judges shall
be kept by said clerk.
1838 Local Acts-5-36
SEC. 36. The common council shall have power to assess annually
against each male inhabitant of the town who shall be twenty-one years
of age, sane and not a pauper, a poll tax not exceeding fifty cents, and
upon all lands, tenements, hereditaments and the appurtenances
thereunto belonging, and upon such goods and chattels as they shall
from time to time designate, a tax not exceeding one half of one per
cent. on the full value thereof, and to fix the rates of all licenses to
retailers of spiritous liquors at such sum as they may deem best for the
interests of said town.
1838 Local Acts-5-37
SEC. 37. Said council on or before their stated meeting in February
in each year, shall determine what goods and chattels if any, shall be
assessed and taxed, and thereupon the clerk shall forthwith make and
deliver to the assessor a copy of the assessment roll of the previous year
together with a precept under the seal of the corporation, commanding
him in the name of the common council, on or before the first Monday
in May then next, to make and return to said council, a complete list of
all persons liable to the poll tax as aforesaid, and of all lands,
tenements, hereditaments, goods and chattels liable to be assessed and
taxed by the order and determination of said council, with the names
of the owners and a just and fair valuation of all such property.
1838 Local Acts-5-38
SEC. 38. The assessor shall execute and return such precept
according to the command thereof, carrying out said list in the
alphabetical order of the names of all persons liable for such taxes, and
every such assessment shall be made or taken as if made on the first
Monday of April annually, from which time the taxes of the then
current year shall be a lien upon the property assessed, and a charge
against the owners of such property until paid.
1838 Local Acts-5-39
SEC. 39. On the first Monday in June, 1838, and annually thereafter
on the first Monday in May, the common council shall determine the
rate per centum of the tax to be levied on the assessment aforesaid, and
thereupon the clerk shall forthwith make and deliver to the collector an
alphabetical list of the persons named in the assessment roll and the
amount of tax of the current year and of the delinquent taxes of the
preceding years chargeable against each, specifying whether the same
is a poll or property tax, and if the latter, concisely describing the
property; together with a precept under the seal of the corporation,
commanning said collector in the name of the common council to
collect the taxes charged in said list, and that he return said precept and
list and pay over to the treasurer the moneys so collected on or before
the first Monday in December then next.
1838 Local Acts-5-40
SEC. 40. The collector shall on or before the first Monday in
September, demand payment of the taxes of the persons charged
therewith respectively, or at their most usual place of residence, and
upon payment thereof, he shall receipt therefor, specifying the year and
the amount of such tax.
1838 Local Acts-5-41
SEC. 41. If any tax shall not be paid on or before the first Monday
in September, the collector shall proceed to collect the same by distress
and sale of the goods and chattels of the person charged therewith, or
of the goods and chattels found on the lands, tenements or
hereditaments upon which the unpaid tax was assessed, giving ten days
notice of such sale by written or printed advertisements put up in three
of the most public places in said town.
1838 Local Acts-5-42
SEC. 42. If no good and chattels can be found out of which to make
the taxes due from any person as aforesaid, the collector after giving
four weeks notice thereof in a newspaper of the town of Terre Haute
and by a written or printed advertisement put up at the court house door
of the county, may on the second Monday in November between the
hours of ten o'clock A. M. and four o'clock P. M. of said day, proceed
to sell at public auction before the court house door the rents and
profits of all such lands, tenements and hereditaments as may be found
in said town being the property of such person from whom said taxes
are due, for the shortest time the same can be sold for and produce the
amount sufficient to discharge said taxes and the costs of such sale, and
in case the sale of the rents and profits will not produce the sum
required, the collector shall sell the fee simple or entire interest of the
owner thereof to the highest bidder for cash in hand, and after
deducting the amount of taxes and costs as aforesaid shall pay the
residue if any there be to the person thus charged with taxes.
1838 Local Acts-5-43
SEC. 43. In case of a sale of the rents and profits of any property as
in the preceding section provided, the collector shall give to the
purchaser a certificate of the sale, describing the property sold, the
period for which it was sold, and specifying the amount of taxes and
costs for which the same was sold, which certificate, if all the
proceedings relating to the tax and sale were regular, shall vest in the
purchaser and indefeasible title to the property for the time therein
specified, and it shall be prima facie evidence of the regularity of such
proceedings: Provided however, that any person interested therein may
redeem the property so sold, by paying to the purchaser, or the clerk of
the corporation for such purchaser at any time afterwards the amount
for which the same was sold, together with fifty per centum thereon and
all taxes thereon which have accrued since such sale and been paid by
such purchaser.
1838 Local Acts-5-44
SEC. 44. In all cases of the sale of the fee simple of any lands,
tenements and hereditaments as hereinbefore provided, the collector
shall execute to the purchaser a conveyance therefor, which
conveyance, provided all the proceedings prior to such sale were
regular, shall vest in the purchaser a perfect and indefeasible title in fee
simple to the property thus conveyed.
1838 Local Acts-5-45
SEC. 45. The collector besides the cost of printing shall be allowed
ten per centum on all taxes collected by distress and sale of either real
or personal property, to be paid out of the proceeds of such sale as a
compensation for such services, and he shall specify in his return to the
precept what taxes have been thus collected, describe the property sold,
and name the purchaser, and in case of the sale of the rents and profits
of real estate, specify the amount and time for which the same sold. He
shall also in such return state what taxes if any remain unpaid for want
of property out of which to make the same, and shall moreover make
oath that his return is just and true to the best of his knowledge and
belief, which oath shall be endorsed thereon. He shall also give notice
to the council of all omissions or other mistakes in the assessment and
tax rolls which may come to his knowledge, that the same may be
corrected.
1838 Local Acts-5-46
SEC. 46. The common council shall at all times have full power to
refund any moneys wrongfully collected as taxes, and to correct any
assessment or tax list, by adding thereto or subtracting therefrom as to
them shall seem right.
1838 Local Acts-5-47
SEC. 47. The common council in addition to the powers
hereinbefore granted, shall have the management and control of the
finances and of all property both real and personal belonging to the
corporation and shall have power within said town to make, establish,
publish, alter, modify, amend, and repeal ordinances, rules, regulations
and by-laws for the following purposes:
1. To prevent and punish forestalling and regrating, and to prevent
and restrain every kind of fraudulent device and practice within said
town.
2. To prevent, restrain, prohibit and punish all descriptions of
gaming in said town.
3. To regulate or prohibit the exhibitions of common showmen and
of shows of every kind, or the exhibition of natural or artificial
curiosities, caravans or circuses.
4. To prevent any riot or noise, disturbance or disorderly
assemblages in said town.
5. To suppress and restrain disorderly houses and groceries, house
of ill fame, billiard tables, nine or ten pin alleys or tables and ball
alleys, and to authorize the destruction and demolition of all
instruments for the purposes of gaming.
6. To compell the occupant or owner of any grocery, cellar,
tallow-chandler's shop, soap factory, tannery, stable, barn, privy, sewer
or other unwholesome or nauseous house, to cleanse, remove or abate
the same from time to time, as often as it may be necessary for the
health, comfort or convenience of the inhabitants of said town, at the
discretion of said council.
7. To direct the location of all slaughter houses, markets and houses
for storing powder.
8. To regulate the keeping and conveying of gun powder and other
combustible and dangerous materials, and the use of candles and lights
in barns and stables.
9. To prevent horse-racing, immoderate riding or driving in the
streets.
10. To prevent the incumbering of the streets, sidewalks, lanes,
alleys, wharves and docks, with carriages, carts, sleighs, drays, sleds,
wheel-barrows, boxes, lumber, fire-wood, timber, or any other
substance or material whatsoever.
11. To regulate and determine the times and places of bathing and
swimming in the river near the town.
12. To restrain and punish vagrants, mendicants, street-beggars and
common prostitutes.
13. To restrain and regulate the running at large of cattle, horses,
swine, sheep, goats and geese, and to authorize the distraining,
impounding and sale of the same for the penalty incurred and the costs
of the proceedings.
14. To prevent the running at large of dogs, and to authorize the
destruction of the same when at large contrary to any ordinance of the
town.
15. To prohibit any person from bringing, having or depositing
within the limits of the town, any dead carcass or other unwholesome
substance, and to require the removal or destruction of any such
substance, or any putrid or unsound beef, pork, fish, hides or skins of
any kind by the person on whose premises the same may be found, and
on his default, to authorize the removal or destruction thereof by some
officer of the town.
16. To prohibit the rolling of hoops, playing at ball, flying kites or
any other amusement or practice, having a tendency to annoy persons
passing the streets or endanger their safety, or to frighten teams or
horses within the town.
17. To compel all persons to keep the snow, ice and dirt from the
sidewalks in front of the premises owned or occupied by them.
18. To prevent the ringing of bells, blowing of horns, trumpets and
bugles, and crying of goods or other things within the town.
19. To abate and remove nuisances, and for this purpose the
jurisdiction of said corporation is hereby extended to the distance of
one half mile beyond the limits of the town in every direction.
20. To regulate and restrain runners for boats and stages.
21. To regulate the burial of the dead and provide for the security
and sanctity of the public burying ground.
22. To provide for the keeping and returning to the council bills of
mortality, and to impose penalties on physicians, sextons and others for
any default in this respect.
23. To regulate guaging, the place and manner of weighing and
selling hay, of measuring and selling wood and lime, or measuring or
weighing and selling coal, and to appoint suitable persons to
superintend and conduct the same.
24. To appoint watchmen and prescribe their powers and duties.
25. To regulate cartmen, draymen, cartage and drayage.
26. To regulate the police of said town.
27. To regulate the quality of bread offered for sale, and provide for
the seizure and forfeiture of bread of a different quality.
28. To establish, make and regulate public pumps, wells, cisterns,
reservoirs, and prevent the unnecessary waste of water.
29. To establish and regulate public pounds.
30. To establish market houses, and prescribe the regulations
thereof.
31. To provide by insurance or otherwise for the security of the
property of the corporation.
32. To prevent the firing of guns, pistols, and prohibit all fireworks
within said town.
33. To purchase fire engines and organize fire companies.
1838 Local Acts-5-48
SEC. 48. The common council shall have power from time to time
to appoint such additional assistant marshals, constables, or other
officers, as agents, as they may deem necessary to carry out and enforce
the orders, ordinances, by laws, decrees and regulations of said
corporation; to prescribe their duties, and regulate their compensation
or fees; and may remove all such officers at pleasure.
1838 Local Acts-5-49
SEC. 49. The said common council may do and perform all things
necessary to carry into effect the powers granted to them by this act;
and enforce obedience of all rules, ordinances, decrees, by-laws and
police regulations made in pursuance of this act, by imposing penalties
for the violation thereof, not exceeding one hundred dollars for any one
offence, to be recovered in the name of the "town of Terre-Haute,"
before the mayor of said town, or before any justice of the peace of
Harrison township, in an action of debt, with costs of suit.
1838 Local Acts-5-50
SEC. 50. Every such ordinance, by-law, police regulation or decree,
imposing any penalty or forfeiture for a violation of its provisions, shall
after the passage or adoption thereof, be published for three weeks
successively in some public newspaper printed in said town, and proof
of such publication by the affidavit of the printer or publisher of said
paper taken before any person authorized to administer oaths, or any
other competent proof of such publication, shall be conclusive evidence
of the legal promulgation and existence of such ordinance, by-law,
police regulation or decree in all courts and places.
1838 Local Acts-5-51
SEC. 51. In all actions brought to recover any penalty or forfeiture
incurred under any ordinance, by-law or police regulation made in
pursuance of this act, it shall be lawful to declare in debt generally, for
such penalty or forfeiture, stating the by-law, ordinance, or regulation
under which the penalty or forfeiture is claimed, and to give the special
matter in evidence; and the defendant in like manner may plead the
general issue to such action, and give all matters of defence in evidence
under that issue.
1838 Local Acts-5-52
SEC. 52. The first process in any such action, shall be a capias or
warrant, and execution may be issued immediately on the rendition of
judgment, and all expenses incurred in prosecutions for the recovery of
any penalty or forfeiture as aforesaid, shall be defrayed by the
corporation; and all penalties and forfeitures when collected shall be
paid to the treasurer for the use of said town.
1838 Local Acts-5-53
SEC. 53. Any person against whom any judgment is rendered for
any penalty or forfeiture incurred by reason of the violation of any
ordinance or by-law of said corporation, who refuses to pay said
judgment, or who, it appears, by the return of the officer on the
execution issued on such judgment, has no goods or chattels out of
which to make the same, may be committed to the jail of the county of
Vigo or the corporation prison, on the warrant of the officer rendering
said judgment, and before whom such execution shall be returned, for
any period in his discretion, not exceeding thirty days, and such
warrant shall be a sufficient authority for the jailor or keeper of the
prison, to receive such person, and for the officer in whose hands it
may be placed to execute it.
1838 Local Acts-5-54
SEC. 54. The common council shall have the sole and exclusive
control of all the streets, alleys, and lanes in said town, with full power
from time to time to open, grade, pave, and improve the same, and for
the purpose of preventing all misunderstanding, it is hereby expressly
declared that no portion of the territory within the limits of the
corporation shall be included in any road district, nor shall the citizens
or the property of said town be subject to taxation for county or state
road purposes, any thing in the laws of this state to the contrary
notwithstanding.
1838 Local Acts-5-55
SEC. 55. The common council shall also have the power to
construct wharves and convenient landings for vessels at the
termination of the streets at the river within said town, and also at any
other point on said river, where the property is or may be owned by the
corporation--to regulate the rates of wharfage, and to collect the same
for the use of said corporation.
1838 Local Acts-5-56
SEC. 56. The common council shall have power to erect a town
prison for the use of the corporation, and until such prison shall be
erected, the jail of Vigo county shall be used for said purposes.
1838 Local Acts-5-57
SEC. 57. On the organization of the common council as provided by
this act, all laws and parts of laws, by which the town of Terre-Haute
has been incorporated, and all laws coming within the perview of this
act, shall and the same are hereby repealed; and said common council
shall thereupon have full authority to demand, recover and receive all
books, papers, moneys and effects of the existing corporation, of and
from the president and trustees and all other officers thereof, which
books, papers, moneys and effects, together with all species of property
belonging to the corporation at the time of such organization of the
common council, shall vest in the town of Terre-Haute, as a corporate
body organized by virtue of this act.
1838 Local Acts-9-1
SEC. 1. That William Crooks, James Crumley, Alfred Ramey.
Aaron Dewey, Ambrose Phelps, and their successors in office shall be
and they are hereby constituted and declared to be a body corporate and
politic by the name and style of the mayor and common council of the
town of Delphi, and by said corporate name shall be forever able and
capable in law and equity to contract and be contracted with, to sue and
be sued, to plead and be impleaded, to answer and be answered unto,
defend and be defended in all manner of suits, actions, plaints, pleas,
causes, matters and demands of whatsoever kind or nature they may be,
in as full and effectual a manner as any person or pesons, body
corporate or politic, may or can do, to make and use a common seal and
the same to alter, break, change or renew at pleasure, and shall have all
the incidental powers necessary to carry into effect the provisions of
this act, and the objects herein contemplated, not inconsistent with the
laws and constitution of this State or of the United States.
1838 Local Acts-9-2
SEC. 2. The corporate limits of said town shall include all the
territory extending for one half mile in each direction from the centre
of the court house in the town of Delphi, in Carroll county: Provided,
the southern limits of said corporation shall not extend beyond the
south bank of Deer creek, and also extend over the Wabash river in
front of all additions now laid off or hereafter to be laid off to the town
of Delphi, and shall also include all additions which are now or may
hereafter be laid off to the town of Delphi, by whatever name they may
be called, shall now or so soon as laid off constitute a part of said
corporate town. The said mayor and common council shall have ower,
pfrom time to time to lay off said corporate territory, into such number
of wards, as may be convenient; and on the first Monday in September
next, and annually thereafter, there shall be an election held at some
convenient place in each ward, to be designated by the corporate
authority of said town, the electors of each ward voting for a mayor, a
resident of the said town, and for such number of common councilmen,
resident in such ward as the mayor and common council may prescribe,
at which election, each voter having the qualifications necessary to vote
for state officers, who shall have resided for six months next preceding
such election within the corporate limits of said town, shall be entitled
to vote; ten days previous notice of which election shall be given by
publication to be made in such manner as the mayor and common
council may direct. The election shall be conducted by an inspector, in
each ward, having the qualifications of a voter therein, to be previously
appointed by the mayor and common council, which inspector shall
select two qualified voters of his ward to act with him as judges of such
election; they shall appoint a clerk, and having taken an oath or
affirmation, which oath or affirmation may be administered by said
inspector, to said judges and clerks and by one of said judges to saie
inspector, faithfully to discharge their respective duties as judges and
clerks, shall proceed to receive votes as aforesaid, between the hours
of ten o'clock A. M. and four o'clock P. M. on said day. The judges
shall determine the qualifications of voters, for which purpose the
inspectors shall administer to the voter the necessary oath. If no
inspector shall be present at the hour for opening such election, the
voters present shall elect one viva voce, to act as inspector in manner
aforesaid. It shall be the duty of the said judges in their several wards,
to certify in words at full length within three days after such election,
to the mayor and common council, under their hands, the names of all
the persons voted for, as mayor with the number of votes they
respectively received, and the names of the persons (to the number to
be elected,) receiving the highest number of votes for common
councilmen, which certificate shall be filed and spread at full length
upon the records of said corporation, and the persons receiving the
highest aggregate number [of] votes for mayor in all the wards of said
town, shall be deemed to be legally elected to said office, and the
persons so certified by the judges as having received the highest
number of votes, for common councilmen, shall be deemed duly
elected for the term next to ensue, and shall receive from the clerk of
the corporation a certificate of their election. In case there should be a
tie between any persons at said elections, the result shall be determined
by lot, to be drawn by the judges in their several wards, in case of
common councilmen; and by the mayor and common council in the
case of mayor. No person shall be competent to be elected mayor
unless he be at the time a qualified voter of the ward for which he is
elected. When a mayor is elected as aforesaid, the clerk of the
corporation shall certify the fact to the clerk of the circuit court of
Carroll county, who shall immediately forward a certified copy of the
same to the office of the Secretary of State.
1838 Local Acts-9-3
SEC. 3. The term of office for the persons named in the first section
of this act, shall continue until their successors are appointed at the first
election as above provided for and qualified. They shall elect one of
their number to serve as mayor, and their successors shall respectively
serve, the mayor for the term of two years, and the members of the
common council for one year from the time of their election, and until
a quorum of their successors are elected and qualified. A failure to
elect a mayor and common council at any annual election, shall not
dissolve the corporation, but the persons then in office shall continue
until an annual election happens. The members of the common council,
before entering upon their duties shall take an oath or affirmation,
faithfully, diligently and impartially to discharge their respective
duties; and the mayor shall take a similar oath, and to support the
constitution of the United States and the constitution af the state of
Indiana, a certificate of which oath shall be filed and recorded by said
corporation, and in the case of the mayor, with the clerk of the circuit
court of said county. The mayor shall preside at all meetings of the
board, or in case of absence, a president pro tempore may be elected.
When vacancies happen either in the office of the mayor or common
councilmen, by death, resignation, removal, refusal to qualify or
otherwise, such vacancy may be filled by the appointment of the
remainder of the board. A removal of residence from the corporate
limits of the town, shall be deemed to vacate the office of mayor or
common councilman. A majority of said board shall at all times form
a quorum; they shall meet on their own adjournments or by the
appointment of the mayor, or any three of the common councilmen, in
cases of emergency. They shall appoint a clerk, marshal and all other
officers and servants necessary to carry into effect the powers conferred
by this charter, who shall be subject to the rules prescribed by the
corporation, and hold their offices during the pleasure of the mayor and
common council.
1838 Local Acts-9-4
SEC. 4. The mayor and common council shall have power to ordain,
order, establish and put in execution, such by-laws, ordinances, and
regulations, as to them may seem necessary for the good government
and police of said town, not inconsistent with the laws of the United
States or of this state; to keep in repair and remove any obstructions in
the streets, alleys, public square, and commons in said town; to declare
what shall be deemed nuisances, and to prevent and remove the same,
for which purpose their jurisdiction shall extend for one mile in each
direction from said court house; to regulate fire companies, to restrain
and prohibit gambling, breaches of the peace, or any disorderly
conduct, to establish and regulate market houses and markets, to sink
and keep in repair public wells: to establish the grade of streets; to
construct docks, piles, basins, and wharves, and to regulate the manner
of payment and collection of wharfage; to make all necessary
quarantines or other regulations for the preservation of the public
health; to possess and regulate a public burying ground, within or
beyond the corporate limits of said town, to regulate the place of
interment therein, and to enact such laws and regulations, and exercise
such powers as may be necessary to carry into effect the objects herein
contemplated, or as are usually exercised by similar corporations. They
shall keep a journal of all their proceedings, which shall be signed by
the mayor, or president pro tempore, and attested by the clerk; on the
decision of any question, the ayes and noes may be demanded by any
two members, and shall be recorded; and a majority of all the members
of the common council present shall be necessary to determine any
question.
1838 Local Acts-9-5
SEC. 5. Upon any question to be decided by said board in its
corporate capacity, the mayor shall have no vote. No ordinance or
by-law of a public nature, shall take effect until a copy thereof attested
by the signatures of the mayor and clerk, shall have been published two
weeks successively in one of the public newspapers of said town; or by
being posted [up] ten days, in one public place in each of the wards of
said town, the fact of which publication having been entered upon the
records of said corporation, shall be prima facie evidence in all courts
and elsewhere, that such publication was made. All ordinances and
by-laws of a private nature shall be in force from their passage, or from
such determinate period as such ordinance or by-law may prescribe,
without publication. It shall not be necessary to authenticate any
ordinance or by-law under the seal of the corporation, and the existence
of any such ordinance or by-law or of any other act, or order of said
corporation, may be proved by a written copy thereof taken from the
records of the corporation, certified by the mayor, and attested by the
clerk, under the corporate seal.
1838 Local Acts-9-6
SEC. 6. The said mayor and common council shall have full power
and authority to assess and cause to be collected, from each male
inhabitant of said town, of full age, sane and not a pauper, each year a
poll tax, not exceeding that assessed for county purposes, and a tax on
real and personal property, of any and every description, and also a tax
on any business, trade or occupation or profession, on all shows,
exhibitions, and amusements which may be exhibited or performed for
gain, a tax for each performance or for any determinate period, and to
provide for the collection of such taxes, by distress and sale of the
property liable to such taxation or belonging to the person so taxed, in
such manner as the said corporation may order or direct, but no lands
shall be sold for the taxes due thereon, except in the manner hereinafter
authorized. They shall have power at any time to provide for the
assessing and collecting in manner aforesaid, special taxes for the
pavement of improvement of any street, side-walk, or section thereof;
or of any public wharf, landing, bason, or harbor, or any other
improvement contemplated by this act, to be levied and collected in
proper proportions upon the person or property especially benefitted by
such improvement; which taxes shall be collected and applied to the
proper purposes, by the corporation in the first instance, or if the
corporation shall so determine, not until default has been made by the
owner or occupant of the property, so to be benefitted in the making of
his proper proportion of such improvement, having been thereto
reasonably notified by said corporation.
1838 Local Acts-9-7
SEC. 7. Taxes so as aforesaid assessed, upon real estate by said
corporation, shall constitute a lien on such real estate, until paid,
having preference to all other liens or claims of whatsoever age, except
the claim of the state or county thereon for taxes, or a lien accruing by
a prior mortgage to the state, and in default of the payment of such
taxes when due, the said corporation shall have power and authority, by
their proper officer, to seize said lot or parcel of land, and after having
given notice thereof by advertisement in a newspaper printed and
published in said town, if there be no newspaper, then by written
advertisements thirty days prior thereto, shall proceed to expose to sale
at the court house in said town, the lots or parcels of land so seized as
aforesaid, or so much thereof, (by such division as the said collecting
officer may think just and right,) as will pay the taxes thereon, and the
costs and charges of such seizure, notice and sale, at public auction to
the highest and best bidders; and when any lot or tract of land or part
thereof, shall be sold as aforesaid, the said collecting officer shall give
to the purchaser a certificate in writing describing the same with
specific certainty, the sum paid therefor, and the time when the
purchaser will be entitled to a deed for such lot or tract or part thereof,
and if the owner or claimant of the lot or parcel of land described in
such certificate, shall not within two years from the date thereof pay to
the purchaser or his heirs or assigns or to the clerk of said corporation
for the use of said purchaser his heirs or assigns, the sum mentioned in
said certificate, together with interest thereon, at the rate of one
hundred per centum per annum, together with such other taxes, costs
and charges upon the tract of land mentioned in said certificate, as may
have accrued under the laws of this state, or the ordinances of said
corporation, and all amount paid to the state upon such mortgage lien
as aforesaid, if the same have been paid by the said purchaser, his heirs
or assigns and vouchers of the payment thereof be deposited with said
clerk or produced to such owner or claimants, the said collecting
officer, or his successor, shall, after the expiration of the said two years,
execute to the said purchaser, his heirs or assigns, in the name of the
state of Indiana, a conveyance of the lot or parcel of land so sold as
aforesaid, which conveyance shall vest in the person to whom it is
given an absolute estate in fee simple, subject to the claim of the state
or county for all taxes, costs, charges and privileged mortgage lien as
aforesaid, accrued upon such lot or tract of land, and such conveyance
shall be prima facie evidence that the sale was regular according to the
provisions of this act and the ordinances of said corporation; and every
such conveyance to be executed by such collecting officer or his
successor, and duly acknowledged before any officer authorized to take
acknowledgments of conveyances, may be recorded and have like force
and effect as other conveyances acknowledged and recorded.
1838 Local Acts-9-8
SEC. 8. It shall be the duty of the mayor or common council once in
each year to publish a statement of the receipts and expenditures of
said corporation during the preceding year to be affixed to the court
hour door in said town, or published in a newspaper printed therein.
1838 Local Acts-9-9
SEC. 9. The said mayor and common council and their successors
shall be capable of holding by purchase, donation, devise, or bequest,
any personal or real property that may be thought advisable for the
welfare and convenience of said town, not exceeding fifty thousand
dollars, and the same to dispose of in such manner as may seem most
beneficial to the citizens of said town; to receive mortgages upon real
estate or other security for the payment of money, and to contract for
the borrowing of money and for the repayment of the same.
1838 Local Acts-9-10
SEC. 10. All suits against said corporation shall be commenced by
summons and the process shall be served on the mayor or any two of
the members of the common council, and all actions against said
corporation shall be local to the county of Carroll: Provided, that the
venue may be changed after the suit is commenced, as in other cases,
and the justice of the peace of said county shall have jurisdiction in
suits where said corporation is defendant, subject to the same
restrictions and limitations as in case of natural persons. No appeal
bond shall in any case be required of said corporation.
1838 Local Acts-9-11
SEC. 11. All contracts made by said corporation in pursuance of the
ninth section of this act, shall be signed by the mayor and attested by
the clerk, and have the seal of the corporation affixed; and all other
contracts requiring the seal of said corporation, shall be signed by the
same officer: Provided, that said corporation shall be liable in an action
of assumupsit for work and labor done, or goods, wares, and
merchandize sold and delivered in pursuance of any order of said
corporation.
1838 Local Acts-9-12
SEC. 12. Whenever the owner or occupant of any real estate, in said
town, shall feel aggrieved or injured by the construction of any work
made under the authority of said corporation, he shall make out a
complaint in writing particularly describing the injury of and interest
of such complainant therein, and file the same with the clerk of the
corporation and at their first regular meeting thereafter the said mayor
and common council shall appoint three persons to assess and appraise
the damages of the complainant, and shall fix the time and place of
their meeting, who after being duly sworn impartially to discharge their
duty shall thereafter make out their award in writing under the hands
of them or a majority of them, and return the same to the said clerk
within six days thereafter, which award so made (if damages be
assessed) shall constitute a charge against said corporation for which
they shall be liable to such complainant in an action of debt: Provided,
that either party may appeal from the award of the appraisers to the
circuit court at any time within twenty days from the time it shall be so
returned to the clerk; the decision of which court, in the premises, shall
have the force and effect of a judgment at law. The penalty of the
appeal bond when the appeal is taken by said complainant shall be
fixed by the mayor.
1838 Local Acts-9-13
SEC. 13. The said mayor and common council shall be capable of
receiving and holding all property belonging to the president and
trustees of the town of Delphi, and all contracts, claims, and rights
existing in favor of the last named corporation shall enure to the benefit
of and be assignable to the said mayor and common council, and they
shall be accountable for all liabilities now resting upon the said
president and trustees of the town of Delphi; and so soon as the persons
named in the first section of this act shall have elected a mayor, and the
said mayor and common council shall have been qualified into office,
the said corporation, the president and trustees of the town of Delphi,
shall be dissolved.
1838 Local Acts-9-15
SEC. 15. The said mayor when such certificate as aforesaid is filed
in the office of the secretary of state shall receive a commission from
the governor. He shall be, and is hereby constituted and declared to be
a judicial officer with power to administerter oaths, and hear and
determine all penal and criminal causes arising within the limits of said
corporation, which justices of the peace have jurisdiction to hear and
determine and generally to do and perform in matters of a criminal
nature arising within said town, all these things which justices of the
peace may do. He shall have jurisdiction in all suits brought by said
corporation for any breach of their laws or ordinances. He shall be a
conservator of the peace within said town. For all violation of any
ordinance or by-laws against breaches of the peace or misdemeanors,
he is hereby authorized and required on complaint made on oath, or on
view without complaint, forthwith to issue his warrant and cause any
person charged with a violation of such by-laws or ordinances to be
arrested and brought before him to answer the said mayor and common
council of the town of Delphi upon such charge, and shall try the same
if the penalty imposed by such by-laws or ordinances do not exceed
three dollars. If the penalty exceed three dollars, he shall try the same
unless the defendant demand a jury, in which case he shall issue a
venire and cause such jury to be summoned and empanneled to try the
cause, and shall thereupon proceed according to the usage of the courts.
In all other actions brought by said corporation for a breach or violation
of any ordinance or by-law, the mayor shall issue a summons againts
the defendant if he be a householder within the limits of said
corporation, which summons shall specify a certain time not less than
three nor more than twenty days from the date thereof, and also a
certain place at which the defendant shall appear and be served at least
three days before the time of such appearances in the manner that
constables are required to serve summonses issued by a justice of the
peace. When the value in controversy exceeds twenty dollars, the
defendant may demand a jury to be summoned and empanneled as
above.
1838 Local Acts-9-16
SEC. 16. The mayor may grant continuances in all causes before
him in the same manner as justices of the peace may do; he may issue
the necessary process for conducting causes over which he has
jurisdiction, and for carrying his judgments into execution, he may
collect and receive the same fees as are allowed to justices of the peace
for similar services. All process to be issued by him shall be attested
by his official signature, and have the seal of the corporation affixed,
except subpoenas, which he may issue without the corporate seal.
When acting as a judicial officer, he shall keep a record of his
proceedings in all cases tried before him and all judgments entered
thereon shall be signed by him, which record or part thereof or a
transcript of any cases therein, certified by him under the seal of said
corporation, shall be evidence in any court; such transcript shall be
furnished to any person applying therefor and tendering the fee for the
same; judgments shall be rendered by the mayor within three days after
the hearing of any cause, and judgments and executions rendered and
issued by him, shall have the same lien, force and effect as judgments
and executions from justices of the peace; and transcripts of such
judgments may be filed in the circuit court and execution ordered
thereon in like manner as is provided in cases of judgments rendered
before justices of the peace. The process issued by the mayor may be
served at any place within the county of Carroll, and witnesses in his
court shall be entitled to the same fees as witnesses before justices of
the peace. Upon vacating his office he shall transmit his judicial record
to his successor who shall be authorized to proceed upon the same in
like manner as justices of the peace can with the dockets of their
predecessors.
1838 Local Acts-9-17
SEC. 17. The marshal, before entering upon his duties, shall take a
like oath to the one required of the mayor in this act, a certificate of
which shall be filed in like manner with the clerk of said corporation.
He shall be authorized to serve and execute all process issued by the
mayor, and in all cases not especially provided for in this act or in the
by-laws or ordinances of said corporation, shall be governed by the law
regulating the conduct of constables in similar cases; it shall be his
duty to suppress all riots, affrays, and breaches of the peace and
unlawful assemblies contravening the ordinances of said corporation,
or the penal laws of the state; to apprehend and bring before the mayor
on view or on warrant, all such offenders, and in discharge of such duty
he may call to his aid the power of the country or necessary assistance,
he shall give information to the mayor of any breach of good order in
said town for the purpose of having the offender brought to justice. His
fees for all ministerial services shall be the same as those allowed to
constables for similar service. All process issued by the mayor may be
served by a constable if it be directed to him instead of the marshal.
1838 Local Acts-9-18
SEC. 18. All forfeitures on penalties imposed by any ordinance or
by law of said corporation shall enure to the use of said corporation,
and may be recovered by action of debt in any court having competent
jurisdiction.
1838 Local Acts-9-19
SEC. 19. It shall be the duty of the keeper of the jail of Carroll
county to receive into his custody any prisoner or prisoners who may
from time to time be committed to his charge under the authority of
said mayor, and to safely keep every such prisoner or prisoners
according to the warrant or process of commitment until he, she, or
they shall be discharged by due course of law.
1838 Local Acts-9-20
SEC. 20. In any suit or judicial proceeding wherein said corporation
is a party it shall not be necessary to prove themselves a corporation,
but the burthen of proof to the contrary shall be on the other party, and
all offices de facto of said corporation shall be presumed to have been
legally elected and qualified.
1838 Local Acts-9-21
SEC. 21. It shall not be lawful for any person or persons other than
tavern keepers within the bounds of said corporation to sell by a less
quantity than one quart at a time of spirituous liquors, foreign or
domestic, or keep what is commonly called a tippling house unless
such person or persons, shall in addition to a license obtained from the
board doing county business, obtain also a license from the corporation
which is hereby authorized to grant the same to such applicant or
applicants for one year on his, her, or their paying into the treasury of
the corporation a sum not exceeding two hundred dollars, and not less
than twenty dollars, at the discretion of the corporation. And if any
person or persons shall sell any spirituous liquors, or keep what is
commonly called a tippling house, contrary to the provisions of this act,
he, she or they so offending, shall upon conviction thereof upon
presentment or indictment, or otherwise, before any court having
competent jurisdiction thereof, be fined in any sum not exceeding fifty
nor less than five dollars, for the use of the county seminary of said
county; Provided, That nothing herein contained, shall be construed to
release tavern keepers from any of their penalties, restrictions, or
regulations, provided by the general law now in force in relation to the
corporation of towns, and that, providing for the license and regulation
of taverns.
1838 Local Acts-9-22
SEC. 22. No recovery on suit by said corporation upon any penal
ordinance or by-law shall be a bar to a prosecution in the name of the
State for the same offence.
1838 Local Acts-11-1
SEC. 1. That Seth Hinshaw, John Lawrence, Hezekiah Patterson,
Jesse Sanders, Exum Saint, Elwood Stanley, and Nathan Hunt, Esqrs.,
be, and they are hereby appointed trustees of the town of Greensboro',
to serve as such until the first Monday in March, 1838, and until their
successors are elected and qualified as herein directed.
1838 Local Acts-11-2
SEC. 2. That the president and trustees of the town of Greensboro'
and their successors in office, shall be, and they are hereby declared to
be a body corporate and politic, by the name and style of "The
President and Trustees of the Town of Greensboro," and by said
corporate name, shall be forever able, and capable, in law and in
equity, to sue and be sued, plead and be impleaded, answer and be
answered unto, defend and be defended in all manner of suit, action,
plaints, pleas, causes, matters and demands, of whatsoever kind or
nature they may be, in as full and effectual a manner as any person or
persons, bodies corporate or politic may or can do.
1838 Local Acts-11-3
SEC. 3. The president and trustees shall have power to pass such
laws, ordinance, and decrees, as may be necessary to guard against
damage by fire, to regulate the duty and conduct of the citizens in
relation to the same; to regulate and govern the markets; to prevent the
erection of public nuisances, and remove the same; to declare what
shall be considered a public nuisance, and generally to enforce by
proper penalties, the observance of all laws and ordinances, relative to
the peace and government of said incorporated town.
1838 Local Acts-11-4
SEC. 4. It shall be the duty of the president and trustees to hold an
election on the first Monday in March, 1838, and annually thereafter,
for the purpose of electing seven trustees and one marshal, a certificate
of which election, under the hand of the president, and recorded by the
clerk, shall be sufficient authority for the persons elected as trustees,
after being sworn or qualified, to enter upon their respective duties.
And also for the person elected as marshal, to enter upon his duties as
soon as he shall be qualified as is in this act required: Provided,
however, That the election for trustees and marshall shall be held
between the hours of one and four o'clock, P. M. Provided, also, That
if the electors shall fail to meet and elect trustees and marshal, those in
office, shall so continue, until others shall be elected at some
subsequent annual election.
1838 Local Acts-11-5
SEC. 5. No person shall be entitled to vote at any election, held for
the benefit of said incorporation, who is not qualified to vote for
members of the legislature of this State, and also being a citizen within
the said incorporation: Provided, however, That this shall not be so
construed as to prevent any citizen freeholder from voting at any
election after he shall have paid a public corporation tax.
1838 Local Acts-11-6
SEC. 6. The president and trustees elected agreeable to the
provisions of this act, shall within ten days thereafter, take an oath or
affirmation, faithfully, diligently, and impartially to discharge their
duties as trustees; after which they shall elect one of their own body to
preside as president at their meetings, (at which a majority shall rule,)
but in case of his absence, a president pro tempore shall be appointed;
when any vacancy shall occur in any office of the said incorporation,
by death, resignation, or otherwise, such vacancy shall be filled by the
appointment of the president and trustees, until the next annual
election; a majority of said trustees shall at all times form a quorum to
do business. They shall meet on their own adjournments, or by the
appointment of the president, or any three of the trustees in cases of
emergency; shall appoint all officers necessary to carry into effect the
provisions of this act, and allow them such compensation as to them
may seem reasonable and proper for their services; and it shall be the
duty of the president to sign all their by-laws, journals, ordinances, and
minutes, at the end of each meeting, which shall also be attested by the
clerk of the corporation, and after a copy thereof of a public nature,
(signed by the president and attested by the clerk,) shall be posted up
in some public place in said incorporation, such law or ordinance shall
be in full force, all others from and after their passage and assignment
as aforesaid.
1838 Local Acts-11-7
SEC. 7. The president and trustees shall have power to levy and
collect, annually, a tax not to exceed one sixteenth per centum per
annum, on all real and personal property, except houses, lots, or other
property belonging to and for the special use of public worship, public
schools, or public grave yards: and on all shows, exhibitions, or
amusements exhibited for gain, a tax of not less than three nor more
than twenty dollars, shall be laid for each exhibition: Provided, That the
president and trustees shall hereby have power, at any time, to levy and
collect a tax on any specific article or articles or personal property, with
provision that such article shall not be taxed but once a year; which
taxes with all others, and all fines and forfeitures, accruing under this
act, shall be paid into the treasury of the corporation, subject to the
order of the president and trustees, for the use of the incorporation.
1838 Local Acts-11-8
SEC. 8. It shall be the duty of the president and trustees, at their first
meeting, or as soon thereafter as my be convenient, to proceed to elect
or appoint a clerk, treasurer, and lister, to serve for the term of one
year, or until their successors shall be appointed or elected and
qualified; and they shall possess the same qualifications as trustees;
take a similar oath or affirmation, and with the marshal give bond and
security, conditioned for the faithful discharge of their respective
duties; and on failure to perform any of the conditions of said bond,
they and their securities shall be liable to the suit of the president and
trustees aforesaid, who may assign breaches upon the conditions of said
bond, or other cause, and recover a judgment for any default in the
discharge of the duties of such officer, together with full costs and ten
per centum damage thereon, in any court having jurisdiction of the
same, on which judgment there shall be no stay of execution.
1838 Local Acts-11-9
SEC. 9. It shall be the duty of the lister, from and after the first day
of May in each year, to make a fair list and assessment, in alphabetical
order, of all lots, parts, or fractions of lots, particularly noting the
number and description thereof, the owner's name, if known, and
whether resident or non-resident, and all other such taxable property as
the trustees may direct him to list, and make return thereof to the
president and trustees, on or before the twenty-fifth day of the same
month.
1838 Local Acts-11-11
SEC. 11. In all cases where the taxes due and owing cannot be made
of the personal property of said delinquent, it shall be duty of the
marshal to make sale of the lot, lots or fractions of lots belonging to
such person or so much thereof as will pay said taxes with the costs due
thereon by giving ten days notice of the time and place of said sale, by
posting up five written notices thereof in the most public places in said
town, in which he shall describe the lot or lots to be sold by their proper
number or some other certain description with the owners name, if
known or to whom it is supposed to belong and file one of said
advertisements with the clerk of the corporation, to be by him filed
among the records of the same; and the marshal shall, on the day of
sale, by proclamation, proceed to sell said lot or lots to the highest
bidder or to the person who will pay the tax and costs due for the
smallest portion of the lot or lots so offered for sale, and shall give such
purchaser a certificate of such purchase, the amount paid including the
tax and costs, and that said purchaser will be entitled to a deed for the
same at the end of two years, unless the owner or some person for him,
her or them shall redeem the same on or before that time, by paying to
said purchaser, his, her or their heirs or assigns, the amount of said
purchase money with one hundred per cent. thereon or deposit the same
with the clerk of the incorporation, whose duty it shall be to make an
exhibit of the same to the president and trustees at their next meeting,
which if correct shall be entered on record.
1838 Local Acts-11-12
SEC. 12. And if in case the owner of any lot or fractional lot so sold
as aforesaid, his, her or their agent or attorney, with the costs and per
cent. thereon as aforesaid, within two years from the day of sale
thereof, it shall be the duty of the marshal then in office to make a deed
to the purchaser, his, her or their heirs or assigns, for such lot or
fraction of lot, which deed acknowledged and recorded agreeable to
law, shall vest the right and title to said real estate in the purchaser, his
heirs or assigns forever, and divest the owner or owners of any title
thereto; and the assessment made on any such lot or lots shall be a lien
on the same in the hands of any person who may purchase the same at
private sale; and no conveyance made by the owner of such lot after the
time of such assessment, shall so divest the owner thereof of the title
to said lot as to interfere with the claim of the purchaser under the
provisions of this act.
1838 Local Acts-11-13
SEC. 13. All moneys in the treasury on the first day of September
in each year, shall be divided among the wards in proportion to the
amount of taxes levied and assessed on each ward for that particular
year, to be laid out by the president and trustees, to improve the streets
of said ward in such manner as a majority of the citizens thereof may
direct.
1838 Local Acts-11-14
SEC. 14. The president and trustees shall divide the incorporation
into as many wards or districts as to them may seem necessary, subject
however to their alteration at any time, and whenever a majority of
their owners of any lots or parts of lots in any ward or district shall be
desirous of improving the streets or parts of streets thereof by grading,
graveling or any other improvement thereon, they shall by petition
represent to the president and trustees, plainly and distinctly the
improvement to be made, and it shall be the duty of the president and
trustees to cause the same to be made in the most economical manner
agreeable to the wish of said petitioners; and for the expense of such
improvement, the president and trustees shall levy and assess on all lots
or parts of lots fronting the streets or section of street in said ward or
district in equal proportion to the part of each lot, which assessment
from the time of making the same shall be a lien upon said lot or lots
until the amount of said levy and assessment shall be paid and
discharged, and it shall be the duty of the clerk of the incorporation to
enter such petition on record with the petitioners' names, the amount of
front owned by each individual, and shall make out and deliver to the
marshal a list of the owners' names, with the front owned by each
individual, the rate of expenses on each lot for such improvement, and
the whole amount assessed and levied on each lot or part of lot, which
list signed by the president and certified by the clerk, shall be sufficient
authority for the marshal to proceed and collect the same, and if any
owner of any lot or part of lot shall neglect or refuse to pay the amount
so assessed and levied within three months after such levy and
assessment, the marshal shall then proceed to collect the same by sale
and conveyance of such lot or part of lot in the same manner as in this
act made and provided for the collection of other taxes in this act
specified.
1838 Local Acts-11-15
SEC. 15. That whenever a majority of the citizens of any ward shall
agree thereto, each person shall grade and gravel or pave a sidewalk if
necessary, of eight feet at least, in front of his own lot or lots at his own
expense, in such manner as shall be acceptable to the president and
trustees; and if any citizen or freeholder, shall for the space of six
months thereafter neglect or refuse to improve his sidewalk, the
president and trustees shall procure the same to be done and tax said
citizen or freeholder with the expense thereof, and proceed to collect
the same as in other cases made and provided for the collection of taxes
under this act.
1838 Local Acts-11-16
SEC. 16. The limits of the incorporation shall extend to and
embrace the plat of the town of Greensboro, including any additions
which have been or may hereafter be made thereto, as the same is or
may hereafter be entered of record in the recorder's office of said Henry
county.
1838 Local Acts-11-17
SEC. 17. It shall not be lawful for any person or persons within the
boundaries of said corporation, to sell by less quantity than one quart,
except for the use of the sick, any spiritous liquors foreign or domestic,
or keep what is commonly called a tippling house unless such person
or persons shall, in addition to a license obtained from the board doing
county business, obtain a license from the incorporation, who is hereby
authorized to grant the same to such applicant for one year or less, at
one time, on his, her or their paying into the treasury of the corporation,
a sum not less than five dollars, nor exceeding the amount which the
board of county commissioners are authorized to demand for a license
for the retailing of spiritous liquors in the said county of Henry, at the
discretion of the said president and trustees of said corporation. And if
any person or persons shall sell any spiritous liquors or keep what is
commonly called a tippling house, contrary to the provisions of this act,
he, she or they so offending, shall upon conviction thereof, in an action
of debt, or on the case, brought by the president and trustees against the
offender or offenders, before a justice of the peace or any court having
jurisdiction thereof, recover any sum of money not more than twenty
nor less than three dollars, for any violation of this act; and shall upon
conviction thereof by presentment or indictment, (in which indictment
it shall not be necessary to recite this act), in any court having
competent jurisdiction be fined in any sum not more than fifty nor less
than five dollars for the use of the county seminary: Provided however,
that nothing in this section shall be so construed as to prevent taverns
licensed by the county board from retailing to travelers and them only
without a corporation license, which traveler shall be defined by the
president and trustees, and such tavern keeper shall not be hereby
allowed to suffer any quantity of spiritous liquors bought of him to be
drank within his house or premises, except to said travelers, and for a
violation of this provision, said tavern keeper shall be liable to all the
pains and penalties in this section made and provided with respect to
retailers in general; and for the better regulation of the peace and good
government of said town, the president and trustees are hereby
authorized to pass and adopt laws or ordinances for the suppression of
immorality, intoxication, rioting or whatsoever may detract from the
peace and good of society.
1838 Local Acts-198-11
SEC. 11. That so much of an act entitled "an act to incorporate the
town of Milton, in Wayne county," as includes the property of John B.
Walker on which he now resides within the boundaries of said
corporation, be, and the same is hereby repealed.
This act to take effect and be in force from and after its passage.