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A. D. 1892.
Judicial powers of Intendant
poration herein created, the same shall be determined in the manner now provided by the General Statutes of this State.
SEC. 9. The Town Council of such town shall have power to elect one of its Wardens Intendant pro tempore, who shall be vested with all the powers, duties and responsibility attaching to the office of Intendant during the temporary absence or disability of the Intendant; or when the office of Intendant shall be and become vacant by reason of death, resignation, removal, or permanent disability of the Intendant, until a new Intendant shall have been elected and qualified.
SEC. 10. The said Intendant shall have power and authority to try all offenders against the ordinances of said town in a summary manner without a jury, upon their apprehension and arrest, as soon thereafter as possible, unless such person enter into Recognizances. good and sufficient recognizance, to be approved by said Intend
Fine and imprisonment.
ant, or, in the case provided, the Intendant pro tempore, to appear for trial within four days after such arrest, or at such other time as may be agreed upon, in which event the trial shall be deferred until that time..
SEC. 11. Whenever said Intendant shall find a party tried before him guilty of violating an ordinance of said town, he shall have power to impose, in his discretion, a fine or imprisonment, in the alternative, not to exceed the limits prescribed for such violation by the ordinances of said town.
Right of ap- SEC. 12. From all decisions of said Intendant, any party in interest feeling himself aggrieved shall have the right of appeal Proceedings to the Town Council: Provided, He give notice of such appeal immediately upon the sentence being pronounced, and enter into bond to appear and defend before said Council, at a time to be Trial of a p- specified in such undertaking. At the trial of such appeal the Intendant, or, in case of his absence or disability, the Intendant pro tempore, shall preside, and the Wardens shall sit as a jury to Appellate try the facts. They may reverse, modify or confirm any or all rulings and conclusions of the Intendant or Intendant pro tempore made and reached in the first trial of the case.
powers of Council.
SEC. 13. The Intendant shall have authority to summon the Wardens to meet in Council for the transaction of business pertaining to the corporation, whenever in his judgment it may be necessary. The said town shall have and keep a common seal, which shall be affixed to all ordinances passed by Intendant and Sue, plead, &c. Wardens thereof. By its corporate name it may sue and be sued, plead and be impleaded, in any Court of law or equity in this
State, and may purchase, hold, enjoy and possess, for the purpose of said town, in perpetuity or for a term of years, any estate, either real or personal or mixed, and sell, alien and convey the same at will.
A. D. 1892.
SEC. 14. And the said Town Council shall have full power to Ordinances. make, ordain and establish all such rules, by-laws, regulations and ordinances respecting its roads, streets, markets, police, health and order of said town as shall appear to them necessary and proper for the security, welfare and convenience of the said town, or for preserving health, peace, order and good judgment within the same. And the Town Council may fix and impose fines and penalties for the violation of the said rules, by-laws, Fines and penregulations and ordinances, not to exceed the sum of one hundred dollars, or imprisonment for not more than thirty days, and shall appropriate all revenues arising therefrom to the use of the said corporation: Provided, Such ordinances, rules and by-laws or regulations be not contrary to the laws of the State.
SEC. 15. Every person sentenced to imprisonment, either directly or in consequence of a failure to pay a fine imposed, shall be subject to work upon the streets of said town during the said period of such imprisonment.
Appropriation of proceeds. Proviso.
Work of con
victs on streets.
SEC. 16. The said Town Council shall have power to grant Liquor licenses. licenses for the sale of spirituous and malt liquors within said
limits, which licenses shall be granted in the same manner and
and upon like conditions as now are, or may hereafter be, under
the laws of this State: Provided, That no such licenses shall be Proviso. granted without a written petition of a majority of the freeholders of said town.
SEC. 17. That said Council may, and they are hereby author- License tax on ized, annually to require the payment of such reasonable sums of money as a license tax by any person or persons, corporation or corporations, engaged or intending to engage in any calling, business, occupation or profession, in whole or in part, within the limits of said town, except those engaged in the calling or Exceptions. profession of teachers or ministers of the gospel; they shall have power to collect licenses or taxes from all persons representing publicly within the limits of said town, for gain or reward, any plays or shows of whatever nature or kind soever; and said Town Council are hereby authorized and empowered to pass such ordinances as are necessary to give full force and effect to this Ordinances. Section, and to punish delinquents thereunder.
SEC. 18. Said Council shall have power to impose an annual Powers of taxtax, not exceeding two per cent. of the assessed value thereof, on
A. D. 1892.
Returns by taxpayers.
all real estate lying within the corporate limits of said town and all personal property owned or held within the same, including bonds and stocks of banks and insurance companies and other corporations, the real estate of churches and school associations from which such churches and school associations draw a revenue or which are intended to be rented out for such purpose.
SEC. 19. For the purpose of levying such tax, the said Council shall appoint three freeholders, residing within said town, to assess the value of all real estate therein upon oath, and make return of such assessment within thirty days from the date of their appointment to said Council, and said Council shall have power to fill any and all vacancies arising from any cause on said Board of Assessors.
SEC. 20. Returns shall be made on oath annually to the Clerk of said town of the amount of all sales of merchandise, and of the quality, value and kind of all property other than real estate subject to taxation under the provisions of this Act, by the persons who may be liable to pay taxes on the same; and any property not returned shall be assessed by the Clerk of said town, and a penalty of fifty per cent. added, and said taxes shall be When payable. due and payable at such time as the Town Council by ordinance declare.
Lien for taxes.
SEC. 21. The taxes so levied shall constitute a lien upon the property upon which it is levied paramount to all other liens, except the lien for State and County taxes, and for the purpose of collecting the same.
SEC. 22. The said Town Council shall have power to open, and it shall be their duty to keep in good repair, all the streets and ways which may be necessary for public use within the limits of said town; and for such purpose they are hereby inPowers of vested with all the powers, rights and privileges now given, or hereafter to be given, to the County Commissioners of the several Counties of this State on public roads within the limits of said town.
SEC. 23. The said Town Council shall have the power and authority to equip and control a fire department for the protection of said town in such way as they may deem necessary, and by ordinance to establish fire limits in said town, and to prescribe and designate the kind and character of material to be used in erecting and repairing buildings or structures within and upon that portion of said town included within such fire limits. All buildings or structures erected within such fire limit contrary to
the ordinances of said town may be abated and removed by said A. D. 1892. Town Council as a public nuisance.
SEC. 24. The said Town Council shall have authority to appoint or elect as many marshals, regular or special, as may be necessary for the proper government of said town, to fix their salaries and prescribe their duties. They shall be sworn in and vested with all the powers now conferred by law upon Constables Their powers. in addition to the special duties imposed upon them by said Council: Provided, Their jurisdiction shall not extend beyond Jurisdiction. the limits of said town.
rest and com
SEC. 25. The said Council shall have authority to establish a Guard House. guard house and prescrible suitable rules and regulations for the government of the same. They may by ordinance, or the Intendant and Wardens, or either of them, in person, authorize any Marshal of said town to arrest and commit to said guard house Powers of arfor a period not exceeding twenty-four hours before trial, unless mitment. such arrest be made on Saturday, in which case it shall not exceed forty-eight hours before trial, any person or persons who Imprisonment within the said corporate limits shall be engaged in a breach of the peace, riotous or disorderly conduct, open obscenity, public drunkenness, or any conduct grossly indecent; and it shall be the duty of the Marshal of said town to arrest and commit all such offenders, when required by any ordinance, or any member of said Council, so to do, and then shall have power to call to their assistance the posse comitatus if necessary in making such arrests; and upon failure of such Marshal to perform his duty he shall be liable to such fines and penalties as said Council may establish; and all persons so imprisoned shall pay the costs and expenses incident to such imprisonment: Provided, That the imprisonment provided for in this Section shall not deprive the party so imprisoned of his right to trial and sentence hereinbefore provided.
Duties of marshals.
SEC. 26. The said Council shall have full power and authority Abatement of to abate all nuisances, wholly or partly within the corporate limits of said town, to appoint a Board of Health for said town, and to pass all such ordinances as may be necessary to define the duties of said Board.
SEC. 27. Said Town Council shall have power to borrow money Loans. for the public use of the corporations, and to issue from time to time, as occasion may require, the bonds of the corporation for Bonds. the payment of the principal and interest, of which said town shall be at all times liable: Provided, The property of the inhabitants of said town shall be bound for the redemption of said sum Security.
A. D. 1892.
so borrowed and the interest thereon in no other way than by the imposition of an annual tax: Provided, further, That a majority of the owners of real estate situate within the corporate limits of Election to said town shall first vote in favor of issuing said bonds, and the Town Council shall give thirty days' notice of the time and place of holding an election for such purpose.
Report to successors.
SEC. 28. The members of each Council shall, within thirty days after the expiration of their term of office, and at the time of the qualifying of the members of the new Council, make and deliver to the members of such new Council a full and accurate account of their receipts and expenditures during the term for which they Annual report. were elected. And they shall likewise publish at the end of each year after the beginning of their term of office a full statement of their receipts and expenditures during the preceding year.
Surrender of property to successors.
SEC. 29. At the expiration of the term of office of any Council, it shall be their duty to pay over to their successors any money in their hands or under their control at the time of making such returns belonging to said corporation, and likewise to deliver up promptly, at the end of their term, all books, property, records, or other property incident to their said offices, to their successors; Penalty for and on failure so to do they shall each be liable to the punishment prescribed by the 30th Section of this Act.
SEC. 30. For any willful violation or neglect of duty, malpractice, abuse or oppression, the Intendant or Warden so offending Penalties pre- shall be liable to punishment by fine not exceeding one hundred dollars or imprisonment not exceeding thirty days, besides being liable for damages to any person injured by such neglect, malpractice, abuse or oppression.
Actions for in- SEC. 31. Any person who shall receive bodily injury or damages in his person or property through a defect in any street, causeway, bridge or public way, or by reason of defect or mismanagement of anything under the control of the corporation within the limits of such town, may recover, in an action against the same, the amount of actual damages sustained by him by reason thereof. If any such defect in a street, causeway or bridge existed before such injury or damage occurred, such damRestrictions. age shall not be recovered by the person so injured if his load exceeded the ordinary weight: Provided, The said corporation shall not be liable unless said defect was occasioned by its neglect or mismanagement: Provided, further, Such person has not in any way brought about such injury or damage by his or her own Contributory negligent act or negligently contributed thereto.
Approved December 24th, A. D. 1892.