One person

5. There shall be a Mayor pro tem, town Clerk, a Ser-Officers to be geant, an Assessor, a Treasurer, and a Superintendent of appointed by roads, streets and alleys, appointed by the council, to continue in office during its pleasure, and perform the duties respectively as hereinafter prescribed, or as may be required by the council.

6. One person may hold the office of Clerk, Treasurer authorized to and Assessor, or any two of said offices.

three offices. 7. The first election under this act shall be held within

First elecninety days from the passage thereof, at the court house of tion, Tyler county under the supervision of Samuel Billingsly, R. R. Swan, L. L. Stealey, John C. Way and Benedict Swan, or any three of them, who shall act as inspectors of said election.

hold two or

8. A written or printed notice of the time of holding Notice of such election, signed by at least three of the persons au.

election. thorized by the preceding section to act as inspectors of said election, shall be posted at the front door of said court house, and at least two other public places within the corporate limits of said town, for at least ten days, next preceding said election, which said notice shall specify the officers to be voted for.

Notice of 9. In case the persons appointed in section seven shall election to fail or refuse to act, the notice aforesaid may be given by fill vacancies any three of the qualified voters of said town, and the said election may be held, conducted, certified and returned by any three voters of said town, appointed for the purpose by the voters present.

10. Such inspectors or persons acting as such, after sev. Inspectors of erally taking an oath to faithfully discharge the duties of election; how

qualified; inspectors of said elections, shall preside and act as inspec- their duties tors of such elections, and all the laws applicable to the clection of township officers shall apply to such election, if not inconsistent with this act, and such inspectors shall within ten days after such election, grant a certificate to the persons elected, which shall be recorded among the records of said town.

11. The officers first elected in said town shall hold their Terms of offices until their successors are elected and qualified. The office. term of all officers elected after the first election shall commence on the first day of February in each year, and shall be for one year and until their successors are elected and qualified.

12. After the said first election of officers they shall be Annual elecelected on the first Thursday in January in each year, at

the said court house, or at such other place as the council

may direct.

Laws gover

13. All elections under this act shall be conducted unning elec

der such supervision, rules and regulations, not inconsistions.

tent with the laws, regulating the general annual elections
in this State, as the council may prescribe.

Oaths of office.

14. Every person elected or appointed to an office in said corporation shall within ten days after his election or appointment and before he shall enter upon the duties of his

office, take and subscribe the oaths prescribed for township Before whom officers, which may be done before any person authorized taken

by law to administer oaths, or before the mayor or town

clerk of said corporation, which oaths with the certificate of How filed. the officer administering the same shall be filed with the

clerk aforesaid.

15. All persons who have been bonafide residents within the corporate limits of said town for thirty days next preceding a charter election held therein and who are qualified voters under the constitution and laws of this State, and none others, shall be entitled to vote at any charter election held in said town.

Vacancies; 16. When a vacancy shall occur from any cause in the
how filled.

office of mayor, or in the council, the same shall be filled by
appointment by the council from among the citizens of the

town, eligible under this act.
Qualification 17. The officers of said corporation must be residente
for office.

thereof, and entitled to vote for members of its common
council.

18. Whenever two or more ] ersons shall receive an equal
Tie votes;
how decided. number of votes for the same office, if such pumber be the

highest cast for such office, the persons under whose super-
vision the election is held shall decide by lot which of them
shall be returned elected and shall make their return ac-
cordingly:

Contested elections.

19. All contested elections shall be heard and determined by the council.

When councilmen may enter upon

20. When any four of the newly elected councilmen,

shall have been qualified as required by this act, they shall the duties of enter upon the duties of their offices respectively. office.

21. If any person elected to the office of mayor, or that of Vacancies in councilman, shall not be eligible or shall refuse or neglect office.

to take the oaths required by this act within the ten days
aforesaid, such office shall be deemed vacant, and such va-

COUNG

cancy shall be filled as vacancies in other cases under ser-
tion sixteen of this act.

22. The council shall be presided over at its meetings by Presiding ofthe mayor, or, in his absence, by the mayor pro tem, or in ficer of counthe absence of both mayor and mayor pro tem, one of the councilmen, selected by a majority of the council present; and a majority of the council shall be necessary to form a quorum for the transaction of business.

23. The council shall cause to be kept in a well bound Journal or book, an accurate record of all its proceedings, by-laws, acts, Council. orders, and resolutions, which shall be fully indexed, and open to the inspection of any one who is required to pay taxes to such town.

Or ar of his Trnship Ehorized

cated

the .

within

at pre

24. At such meeting of the council, the proceedings of Heading of the last meeting shall be read, and corrected, if erroneous, and signed by the presiding officer for the time being. Upon the call of any member, the yeas and nays, on any Yeas and question, shall be taken and recorded in the journal. nays. 25. In case of a tie vote in the council, the mayor shall Mayor to

vote only in give the casting vote, but he shall not vote, except there is

Guali

State, harter

case of a tie.

a tie.

26. The council of said town shall have power therein, to powers of lay off, vacate, close, open, alter, curb, pave, and keep in Council. good repair, roads, streets, alleys, sidewalks, cross-walks, drains and gutters, for the use of the public, or any of the citizens thereof, and to improve and light the same, and have them kept free from obstructions, on or over them; to regulate the width of side walks, on the streets, and to order the side walks, foot ways, cross walks, drains, and gutters to be curbed and paved, and kept in good order, free and clean by the owners or occupants thereof, or of the real property next adjacent thereto; to establish and regulate markets; to prescribe the times of holding the same; to prevent injury or annoyance to the public or individu:ils from anything dangerous, offensive, or unwholesome; to prevent hogs, cattle, horses, sheep, and other animals, and fowls of all kinds from going at large in said town; to protect places of divine worship in and about the premises where held; to abate, or cause to be abated, anything which, in the opinion of a majority of the whole council, shall be a nuisance; to regulate the keeping of gun powder and other combustibles ; to provide in or near said town places for the burial of the dead, and to regulate interments therein; to provide for the regular building of houses or other structures, and for the making of division fences by the owners of adjacent premises, and the drainage of lots by the proper drains and ditches; to make regulations for guarding against danger or damage

PN all

ct 78

3

Powers of by fire; to protect the persons and property of the citizens
Council.

of said town, and to preserve peace and good order therein,
and for this purpose to appoint when necessary, a police
force to assist the sergeant in the discharge of his duties; to
prescribe the powers and define the duties of the officers
appointed by the council, fix their terms of office and com-
pensation, require and take from them bonds, when deemed
necessary, payable to said town in its corporate name, with
such sureties and in such penalty as the council may see fit,
conditioned for the faithful discharge of their duties; to
erect, or authorize or prohibit the erection of gas works or
water works in the town; to prevent injury to or pollution
of the same, or to the water or healthfulness of the town; to
regulate and provide for the weighing of hay, coal and other
articles sold or for sale in the town, and to provide a revenue
for the town and appropriate the same to its expenses; to
provide for the annual assessment of taxable property there-
in; to adopt rules for the transaction of business and the
government and regulation of its own body. But no new
streets or alleys shall be made without the consent of the
owner or owners of the lots or property proposed to be ta-
ken for that purpose, nor shall any alteration be made in
those streets and alleys already laid down in the original
plan of the town of Middlebourne, or in what is known as
Dodd's addition to said town, without the consent of the
owners of the property adjacent to such proposed alteration,
nor shall any street or alley in said Dodd's addition be
opened beyond lot number fourteen without the consent of

the owners of the property beyond that lot. Powers of

27. To carry into effect these enumerated powers and all Council.

others conferred upon said town or its council, by this chap:
ter or by any future act of the Legislature of this State, the
council shall have power to make and pass all needful or-
ders, by-laws, ordinances, resolutions, rules, and regula-
tions not contrary to the Constitution and laws of this State;
and to prescribe, impose and enforce reasonable fines, pen-
alties, and imprisonments in the county jail or the place of
imprisonment in said corporation, if there be one, for a term
not exceeding thirty days, for violation thereof. Such fines,
penalties, and imprisonment shall be recovered and enforc-
ed under the judgment of the Mayor of said town, or the
person lawfully’exercising his functions. The council with
the consent of the Board of Supervisors of Tyler county en-
tered of record, may have the use of the jail of said county
as a place of imprisonment for violations of this act or any
ordinance of said corporation.

28. The council shall cause to be annually made up Annual esti

and entered upon its journal, an accurate estimate of all
sums which are or may become lawfully chargeable on such
town, and which ought to be paid within cne year, and it

and what the

shall order a levy of so much as may, in its opinion, be ne- Annual levy, cessary to pay the same.

29. The levy so ordered may be upon all persons within Upon whom said town who are entitled to vote for the officers thereof, levy is to be not to exceed one dollar each, upon all real and personal laid. estate therein subject to State and county taxes, not to exceed fifty cents upon every one hundred dollars value thereof, and the council may levy such tax upon dogs within said Tax on dogs. town as they may deem best. But all lots not used for places of residence, business or gardening purposes, and all parcels of land not laid off into town lots within the corporate limits of said town shall not be taxed for the purposes Exemption of said corporation a greater amount upon every one hun-from tax. dred dollars value thereof, than they would have to pay for road tax in the same year if they were not included in said corporation.

30. All fines assessed under and by virtue of the provis- Fines, how ions of this act shall be for the use and tenefit of the town. to be used.

31. Every male resident of the said town not under twen- Laborers on ty-one, nor over sixty years of age, and who is not a pau

roads of cor.. per, shall if required by the council thereof, work not ex

poration. ceeding two days, by himself or an acceptable substitute, on low long. the roads, streets, and alleys of said town, under the direction of the superintendent of roads, streets and alleys, or may be released from such work upon the payment to the How releassuperintendent of such amount as may be fixed by the ed. council

, the money so paid to be used in the improvement of said roads, streets, and alleys.

32. Whenever anything for which a State license is re- License;. quired is to be done within said town, the council may require a town license therefor, and may impose a tax thereon for the use of the town. But no license to sell spirituous liquors, or wine, beer, ale, porter, or drink of like nature within the town, or within one mile of the corporate limits thereof, shall be granted by the board of supervisors sell liquors ; of the county aforesaid, unless the person applying therefor how obtain shall produce to such board of supervisors the certificate of ed. the council, of its consent to the granting of such license.

33. The sergeant shall collect the town taxes, levies and Sergeant; his licenses, and in case the same are not paid within thirty ties, compen:

powers, dudays after they are placed in his hands for collection, he sation and may sell and distrain therefor in like manner as a sheriff liabilities. may distrain for the State taxes, and he shall in all respects have the same power to enforce the payment and collection thereof, as a sheriff has to enforce the payment and collection of the State taxes. He shall act as a conservator of the peace, quell all riots, disperse all unlawful assemblies and