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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.

One person

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

hold two or

three offices.

First elec

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


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

Laws governing elections.


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

13. All elections under this act shall be conducted under such supervision, rules and regulations, not inconsis tent with the laws, regulating the general annual elections in this State, as the council may prescribe.

Oaths of of- 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 officers, which may be done before any person authorized by law to administer oaths, or before the mayor or town clerk of said corporation, which oaths with the certificate of the officer administering the same shall be filed with the clerk aforesaid.

Before whom taken.

How filed.

Who may vote.

Vacancies; how filled.


for office.

Tie votes;

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.

16. When a vacancy shall occur from any cause in the 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.

17. The officers of said corporation must be residents thereof, and entitled to vote for members of its common council.


18. Whenever two or more ] ersons shall receive an equal how decided. number of votes for the same office, if such number be the highest cast for such office, the persons under whose supervision the election is held shall decide by lot which of them shall be returned elected and shall make their return accordingly.

Contested elections.

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

When coun- 20. When any four of the newly elected councilmen, cilmen may shall have been qualified as required by this act, they shall the duties of enter upon the duties of their offices respectively.

enter upon



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

cancy shall be filled as vacancies in other cases under section 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 of 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.

the Journal.

24. At such meeting of the council, the proceedings of Reading 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.


25. In case of a tie vote in the council, the mayor shall Mayor to give the casting vote, but he shall not vote, except there is a tie.

vote only in case of 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 individuals 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

Powers of

Powers of

Annual estimate.

by fire; to protect the persons and property of the citizens 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 compensation, 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 therein; 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 taken 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.

27. To carry into effect these enumerated powers and all others conferred upon said town or its council, by this chapter or by any future act of the Legislature of this State, the council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules, and regulations not contrary to the Constitution and laws of this State; and to prescribe, impose and enforce reasonable fines, penalties, 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 enforced 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 entered 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 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 one year, and it

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

and what the

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 there

of, 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 corpor

ate 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 benefit of the town. to be used.

roads of cor.. poration.

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 pauper, shall if required by the council thereof, work not exceeding two days, by himself or an acceptable substitute, on How 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- Licenses. 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.

Licenses to

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

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