Incorporated cities having voting popula CHAPTER X. AN ACT supplementary to an act approved March 14, 1867, entitled "An act to repeal all general laws now in force for the incorporation of cities, and to provide for the incorporation of cities, prescribing their powers and rights and the manner in which they shall exercise the same, and to regulate such other matters as pertain thereto." [APPROVED MARCH 8, 1881.] SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That any city incorporated under the tion of 15,000 or laws of the State, and having a voting population of fifteen thousand votes or more as shown by the poll books of any general State election, shall be governed by a Common Council and Board of Aldermen. more, how governed. Cities to be di- Wards not to and no city to twenty-five wards. SEC. 2. That such city shall be divided by the Common Council into wards containing as nearly as possible equal numbers of voters; no ward shall contain less than than 600 voters, six hundred voters, nor shall any city be divided into more have more than than twenty-five wards; and each ward shall be entitled to one councilman, who shall be elected on the first Tuesday in May, in the year 1881, and shall serve until the first day of January, 1884, and whose successor shall be elected elected, to serve on the second Tuesday in October, 1883, and biennially thereafter, and whose term of office shall be two years from the first of January next following, and until his successor is elected and qualified. Each ward to have one Councilman, when how long. Number of aldermanic districts. for each district. When elected, and length of term. SEC. 3. That any such city shall be divided by the Common Council into five aldermanic districts, formed of an equal number of contiguous wards, and two Aldermen Two Aldermen shall be elected in each district, who shall be freeholders in the district in which they are elected to represent, and one of whom shall be elected on the first Tuesday in May, in the year 1881, and who shall serve until the first day of January in the year 1884, and until his successor is elected and qualified, that on the second Tuesday in October, 1883, and biennially ever after, there shall be elected two Aldermen from each aldermanic district, whose term of office shall begin on the first day of January, after such election, and who shall serve for two years and until their successors are elected and qualified. In case of vacancies in the Board to fill vacancy, of Aldermen, the person elected to fill such vacancy shall serve only the unexpired term of his predecessor, that any member of the Board of Aldermen may by seven votes be expelled for malfeasance in office, but not a second time for the same offense: Provided, That each Alderman elected Person elected to serve how long. Member of Board, for malfeasance, how expelled. on the first Tuesday in May, 1880, shall hold his office until his successor is elected and qualified. tion of Common Board of Alder tion to elect offi serve. SEC. 4. The concurrent action of the Common Council Concurrent acand Board of Aldermen shall be necessary for the passage Council and of any ordinance, order, resolution or motion for the appro- men, when nec priation of money, or for the government of such city, and essary. for the appointment of such officers and boards as are appointed from the members of the Common Council and required or authorized by act of the General Assembly or ordinances of the city. The Common Council and Board of Aldermen shall meet in joint convention in the council Joint convenchamber on the first Friday evening after the first annual cers and boards, meeting of the Common Council at eight o'clock, and shall when to meet. proceed to the election of such officers and boards by ballots, and such joint convention may adjourn from time to time until its work is completed, and all such officers and boards so How long offielected shall serve during their term of office as Councilmen cers and memand until their successors are elected and qualified, and for the bers of boards to appointment of all other officers, Commissioners, Trustees Joint convenand Boards required or authorized by act of the General tion to appoint Assembly, or ordinances of the city, the Common Council Trustees and and Board of Aldermen shall meet in joint convention in meet. the council chamber on the second Monday evening in November after the first annual meeting of the Common Council, and shall proceed to the election of such officers, Commissioners, Trustees and Boards by ballot, and such joint convention may adjourn from time to time until its work is completed, and all such officers, Commissioners, Trustees How long Comand Boards so elected shall serve for two years from the first missioners, day of January after their election, and until their succes- Boards, to serve. sors are elected and qualified, unless sooner removed accor- No Alderman to ding to law: Provided, That no member of the Board of Aldermen shall be elected to serve on any board elected by selected by joint such joint convention. Commissioners, Boards, when to Trustees, and serve on board convention. Concurrent ac when. inate inCommon SEC. 5. That the powers and duties of the Common Council as defined in act of March 14, 1867, and subsequent acts shall remain in force under this act except that the concurrent action of the Board of Aldermen shall be re- tion Board Aldermen required quired in all cases, except in regard to qualification of its all cases, except members and its order of business to give effect to its action, but all ordinances, orders, resolutions or motions for What shall origthe appropriation of money or for the government or regula- Councils. tion of such city shall originate in the Common Council, and upon all questions except as herein provided, the ac- When action of tion of the Common Council and Board of Aldermen shall cil and Board of be separate and distinct, and no ordinance, resolution or Aldermen to be motion providing for joint committees of the two bodies shall be passed, and no ordinance, order or resolution shall Common Coun separate. olutions, mo Ordinances, res- become the law or be operative until it has been passed by tions, etc, to be both bodies and been signed by the Mayor and President of the Board of Aldermen, and promulgated according to come law, how. Officers elected first Tuesday, May, 1881, to 1884. law. SEC. 6. That all officers of any such eity elected on the first Tuesday in May, 1881, shall serve until the first day serve January 1, of January, 1884; that their successors shall be elected on When successors the second Tuesday in October, 1883, and biennially ever how long. after, to serve two years, and until their successors are elected and qualified. elected, to serve of Aldermen, President Board SEC. 7. That a president of the Board of Aldermen how and when shall be elected by the Board at their first annual meeting after each general election, who shall in case of absence or disability of the president perform all his duties. elected. charge of books men record of Board City Clerk have SEC. 8. The City Clerk shall have charge of the books and records of and records of the Board of Aldermen, and all meetings of Board of Alder- the Board of Aldermen shall be public, and the minutes Minutes and and records thereof shall be kept by a Deputy Clerk apkept by Deputy pointed by the City Clerk, and approved by the Common Clerk, appointed Council and Board of Aldermen, and who shall keep a Further duties journal of all proceedings, and enter the ayes and noes on of Deputy Clerk. any ordinance, order, resolution or motion at the request of Members Common Council, any two members. SEC. 9. The Common Council and Board of Aldermen Board of Alder. shall determine by ordinance the compensation to be paid men, paid how the members of each body: Provided, That such compensation shall not exceed the sum of two hundred dollars per year to each person. much. President Board of Aldermen to when. SEC. 10. That in case of removal, death, resignation or act as Mayor, non-election of Mayor, the duties of the office of Mayor shall devolve on the President of the Board of Aldermen until a Mayor is chosen and qualified according to the provisions of this act. Provisions for dividing each ward into precincts. Laws repealed. SEC. 11. Each ward of any such city shall constitute a voting precinct for all municipal, State, county and township elections: Provided, That the Common Council and Board of Aldermen shall have power to divide any ward into precincts containing not less than six hundred voters each. SEC. 12. That an act approved March 5, 1877, entitled "An act supplementary to an act approved March 14, 1867," entitled "An act to repeal all general laws now in force for the incorporation of cities, and to provide for the incorporation of cities, prescribing their powers and rights and the manner in which they shall exercise the same, and to regulate such other matters as pertain thereto," be and the same is hereby repealed. SEC. 13. Whereas, an emergency exists for the imme- Emergency. diate taking effect of this act, therefore the same shall be in force from and after its passage. CHAPTER XI. AN ACT to amend section six of an act entitled "An act to establish a Superior Court in the county of Vanderburgh, defining its jurisdiction, providing for the election and compensation of the Judge thereof, and to abolish the Criminal Court of said county and transferring its business to the Circuit Court thereof," approved March 3, 1877. [APPROVED MARCH 7, 1881.] Act amended. SECTION 1. Be it enacted by the General Assembly of the State af Indiana, That the sixth section of an act entitled "An act to establish a Superior Court in the county of Vanderburgh, defining its jurisdiction, providing for the election and compensation of the Judge thereof, and to abolish the Criminal Court of said county, and transferring its business to the Circuit Court thereof," approved March 3, 1877, is hereby amended so as to read as follows: Section 6. There shall be four terms of said court in each Terms of Vanyear, commencing on the first Monday of March, the first derburgh SupeMonday of June, the first Monday of September and the when to begin. first Monday of December in such year, and each of said terms shall continue in session as long as the business of said court requires it. CHAPTER XII. AN ACT authorizing cities and incorporated towns to vacate cemeteries, within or adjoining their corporate limits, upon conditions and under regulations therein prescribed; continuing and preserving the title to the cemetery grounds, in and to such cities and towns; authorizing the officers, owners or directors of any cemetery or cemetery association to make certain improvements, and repealing so much of section two of the act entitled "An act to empower the Board of County Commissioners of the several counties of this State to convey cemeteries to cities and incorporated towns," approved March 4, 1867, as conflicts with this act. [APPROVED MARCH 7, 1881.] SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That where any cemetery within or ad rior Court, joining the corporate limits of any city or incorporated town in this State, has been or shall hereafter be conveyed to such city or town by the Board of Commissioners of the county in which such city or town is situate; or when any such cemetery exists wherein burials have been made by the license or permission of the owner or owners of the lands wherever [whereon] such cemetery is located, or when any such cemetery exists by the dedication of the lands wherever [whereon] situated by the owner or owners thereof Cemeteries may for burial purposes, the Common Council of such city, or the Board of Trustees of such town, may vacate such cemetery as hereinafter provided. be vacated. Five resident freeholders to petition vacating. SEC. 2. When five resident freeholders of such city or town shall in writing petition the Common Council of such city, or the Board of Trustees of such town, to vacate such cemetery, the same shall be entered at length in the proper record of proceedings of such Common Council or Board of Conditions for Trustees. And, if upon considering such petition such Common Council, or Board of Trustees, shall find that such cemetery has fallen into neglect and disuse, that remains of deceased persons have been, from tíme to time, exhumed and removed therefrom, on account of such neglect; that no interments have been made therein for a period of five years, next preceding the filing of such petition; and that the same hinders and obstructs the growth of such city, or town, or any part thereof, such finding shall be entered at length in said record of proceedings together with an order that such cemetery be vacated. List of names of deceased persons interred to be published three weeks. SEC. 3. Such Common Council or Board of Trustees, shall, thereupon, prepare, as nearly as may be, a complete list of the names of the deceased persons, remaining interred in such cemetery, and shall publish the same, for three weeks, successively, in some newspaper of general circulation, printed and published in the county, together with a notice to all persons interested, that on and after the time stated in such remains notice, which shall not be less than thirty days after the last to be exhumed publication thereof, such Common Council, or Board of When Remains-to whom delivered. Remains un Trustees, will proceed to exhume the remains in such cemetery. The remains of such persons as may be claimed by their relatives or friends shall be delivered to such claimants for removal and re-interment. The remains of all persons, remaining unclaimed, shall be removed and claimed to be re- properly re-interred in some suitable cemetery, or burialground in the vicinity of such city or town, by and at the grave-stones re- expense of such city or town, and all monuments, gravestones, or other distinguishing marks, shall be removed with such remains and placed in proper position. Such Common interred by city. or town. Monuments, moved and properly replaced. |