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§ 4. The president shall preside at all meetings of the President. council, and shall have the casting vote only; and, in case of his absence at any meeting of the council, a chairman pro tem, shall be appointed by the council.
$ 5. The president, or any two councilmen, may call special meetings.
$ 6. The president is hereby authorized to call on all able- Enforcing of laws bodied inhabitants of said city, over the age of eighteen years, to aid in the enforcing the laws and ordinances; and any person who shall not obey such call shall forfeit and pay a fine of not exceeding ten dollars.
§ 7. The president shall be conservator of the peace of Powers of presisaid city; shall have power, generally, to administer oaths and to issue writs and process under the seal of the city; to take depositions, the acknowledgment of deeds, mortgages and other instruments in writing, and certify the same, under the seal of the city, which shall be good and valid in law; and he shall receive for such services the same fees as clerks of the circuit court.
$ 8. He shall have exclusive jurisdiction in all cases Jurisdiction of arising under the ordinances of the corporation, and concurrent power and jurisdiction with justices of the peace in all civil and criminal cases within the county of Shelby, arising under the laws of this State; and for such services, in such cases, he shall receive the same fees and compensation as justices of the peace. ! .
$ 9. In case the president shall be guilty of a willful and Penalty, for offipalpable omission of duty, or shall willfully and corruptly be guilty of oppression, malconduct or partiality in the discharge of his duties, he shall be liable to indictment in the circuit court of Shelby county, and, upon conviction, shall be fined not exceeding two hundred dollars; and the court shall have power, upon the recommendation of the jury who may try said indictment, to add to the judgment of the court that he be removed from office.
§ 10. In all cases before the president, arising by ordinance or otherwise, appeals shall be allowed to the circuit court of Shelby county, in the same manner as in similar cases before justices of the peace.
justice of peace.
OF THE LEGISLATIVE POWERS OF THE COUNCIL. § 1. The city council shall have power to levy and collect City taxes. taxes upon all property, real and personal, within the limits of the city, not exceeding one-half per centum upon the value thereof, and may enforce the payment thereof by ordinance, not inconsistent with the constitution and laws of this
State. And the term “property," as used in this act, shall be construed to mean the same as the word "property,” as used in the general revenue laws of this State.
§ 2. The city council shall have power to appoint a clerk, treasurer, assessor, marshal, supervisor of streets, collector, and all such officers as may be necessary to carry out the objects of this act, and the by-laws and ordinances passed in pursuance thereof.
§ 8. The city council shall have power to require of all officers appointed in pursuance of this charter, bonds, with sufficient penalty and security, and also take an oath, for the faithful discharge of their duties.
§ 4. To appropriate money, and provide for the payment of the debts and expenses of the city.
§ 5. To make all necessary regulations to secure the health of the inhabitants; to declare what shall be a nuisance, and to prevent and remove the same.
§ 6. To provide the city with water, and to erect hydrants and pumps in the streets, for the convenience of the public.
7. To open, alter, abolish, widen, extend, establish, grade, pave or otherwise improve and keep in repair streets, squares, avenues, lanes and alleys.
*8. To erect and keep in repair bridges; to provide for lighting the streets and erecting lamp posts.
9. To establish, maintain and regulate night watches.
10. To establish markets, erect market houses and places, and provide for the government and regulation of the same.
11. To provide for the erection of all needful buildings for the use of the city.
12. To provide for inclosing, improving and regulating all public grounds belonging to the city.
13. To license, tax and regulate auctioneers, merchants, grocers, retailers, taverns, ordinaries, saloons, hawkers, peddlers and pawnbrokers.
14. To license, tax and regulate hackney carriages, wagons, carts and drays, and fix the rate to be charged for the carriage of persons, and for the wagonage, cartage and drayage of property.
15. To license and regulate porters.
16. To license, tax and regulate theatrical and other exhibitions, shows and amusements.
17. To restrain, prohibit and suppress gaming houses, bawdy and other disorderly houses.
18. To suppress gaming of all kinds.
19. To provide for the prevention and extinguishment of fires; and to establish fire companies.
20. To regulate the fixing of chimnies, and to fix the flues thereof.
21. To regulate the storage of gunpowder and other combustible materials.
22. To establish standard weights and measures, and weighing and regulate the same, to be used in the city, not repugnant to the laws of this State.
23. To provide for the inspection and measurement of lumber, and other building materials.
24. To provide for the inspection and weighing of hay, stone-coal, and the measurement of charcoal and firewood.
25. Tó provide for the inspection of beef, pork, flour, meal, butter, lard, and other provisions.
26. To provide for taking the enumeration of the inhabi- Census. tants of the city.
27. To regulate the size of brick to be used or sold in the city.
28. To regulate the election of city officers, and provide Election. for the removal from office of any person holding an office by ordinance.
29. To fix the compensation of all city officers, and regulate the fees of jurors, witnesses and others, for services rendered under this act, or under any ordinance.
30, To regulate the police of the city; to impose fines, Police. forfeitures and penalties, for the breach of any ordinance, and to provide for the appropriation and recovery of such fines and forfeitures, and the enforcement of such penalties.
31. To regulate, suppress and prohibit billiard tables and bowling alleys.
$ 32. The city council shall have power to make all Ordinances. ordinances which shall be necessary and proper to carry into execution and effect the powers specified in this act, and which may be necessary for the good government and general health and improvement of the city, not repugnant to the constitution and laws of this State.
§ 36. The style of the ordinances shall be, “Be it ordained by the City Council of the City of Shelbyville.”
§ 37. All moneys, collected under any city ordinance, shall be deemed and taken to belong to the city, and shall be appropriated and disposed of by the council, for the use and benefit of the city.
$ 38. All ordinances, within one month after their pas- Publication of sage, shall be published in some newspaper in said city, oro posted up in four public places thereof, and shall not be in force until five days after such publication or posting.
$39. All ordinances of the corporation may be proved Printing of laws. by the seal thereof, and when printed in book or pamphlet form, and purporting to be printed by the authority of the corporation, or when shown with the seal of the corporation attached thereto, the same shall be received in evidence in all courts and places, without any further proof.
for damages property
PROCEEDINGS IN SPECIAL CASES. Compensation ... § 1. When it shall be necessary to take private property
for opening, widening, extending or altering any street, lane, avenue or alley, the corporation shall make just compensation therefor, and when the same cannot be agreed upon, the president shall cause a jury of twelve persons, disinterested and freeholders of the city, to ascertain said compensation; and the person whose property is proposed to be taken shall have ten days' notice of the intention to select the jury aforesaid, and may appear at the office of the president and exercise the same privileges of challenge as persons can in civil cases in the circuit courts of this State.
§ 2. In case the person whose property it is proposed to take shall be a non-resident, notice of the selection of said jury, and the object of said selection, and the time and place when and where the selection will be made, shall be given by publication in some newspaper published in said city, at least thirty days before the time for selection, and then the same rights shall be enjoyed as in section one of this article.
§ 3. When the owners of all the property on any street, streets, etc.
avenue, lane or alley, shall petition for opening, widening, or altering the same, the city council may open, widen or
alter the same, as may be prescribed by ordinance. Assessing of § 4. In all cases, in taking private property as provided
in this article, the venire for a jury shall be issued by the president, and the jury shall be first duly sworn, and shall estimate only the value of the property to be taken, and having determined this, shall return their inquest, under their hands and seals, to the president; and until the value of the land so proposed to be taken shall be paid to the proper person, or, in case his absence from the city, shall be placed in some safe deposit, the land shall not be appropriated.
§ 5. When such inquest shall be properly returned, the president shall report the same to the city council, and the clerk of the council shall thereupon give ten days' notice, in some newspaper published in said town, that the inquest has been returned, and that on a certain day it will be confirmed by the council, if no objections are made to appear. Objections may be heard by the city council, and the hearing may be adjourned, from day to day, for that purpose. The council shall have power to confirm or annul the inquest, and for that purpose shall make the necessary order on the record, or may order a new inquest; in case of which, the same proceedings shall be had as provided in this article.
§ 6. Any person interested may appeal from the final order of the city council to the circuit court of Shelby
county, by giving notice, in writing, to the clerk of the council, at any time before the expiration of thirty days from the passage of the final order. In case of appeal the city clerk shall within twenty days after notice to him, return all papers connected with said inquest to the clerk of the circuit court. Upon the trial in the circuit court all questions involved in said proceedings, including the value of the property, shall be heard and determined; and either party shall be allowed a jury..
$ 7. The city council shall have power to levy and col- Special street tax. lect a special tax on the owners of lots on any street, lane, avenue or alley, according to their respective fronts, for the purpose of grading, paving or planking sidewalks, filling up streets and alleys, lighting the same, and for any necessary improvement thereof and keeping the same in repair; to be collected the same as other taxes: Provided, said tax shall not exceed the cost of the work.
MISCELLANEOUS PROVISIONS. § 1. All taxes and assessments levied by the city council, The collection o which shall not be paid as fixed by ordinance, shall be collected as the council may prescribe by ordinance, not inconsistent with the constitution and laws of this State; and full power is hereby given to adopt the mode and manner as specified in an act entitled "An act to amend the charters of the several towns and cities in this State,” passed March 1st, 1854.
§ 2. All able bodied male inhabitants in said city, over street labor. twenty-one years of age, shall be required to labor on the streets, avenues, lanes and alleys, not exceeding two days in each and every year, under such penalty as may be prescribed by ordinance; and the said inhabitants shall be exempt from working on or paying any tax for any road beyond the limits of the city.
§ 3. The city council shall have power to provide, by ordinance, for the punishment of any offender, by imprisonment in the county jail, in any case, upon failure to pay fines and forfeitures and penalties, as provided by this act or by ordinance; and the said city council is hereby authorized to use the said jail for said purpose.
§ 4. All ordinances, heretofore passed, or that may be passed, by the president and trustees of the town of Shelbyville, shall remain in full force until repealed by the city council.
§ 5. All actions brought to recover any fine, penalty or Suits at law. forfeiture under this act or under any ordinance of the city council, shall be brought in the corporate name. It shall