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ceeding the amount required by the statutes of the state for license to sell or retail intoxicating liquors may be required to be paid into the treasury of the corporation by the person so licensed before receiving such license.
Eighth. To establish and regulate markets and build market houses, and to direct the location of slaughter houses; but no town shall ereet a market house or other permanent structure on any street.
Ninth. To lay out, open, change, pave and otherwise improve the streets, alleys, sewers, sidewalks and crossings of the town, and keep them in repair; and also to change or vacate such streets or alleys.
In order that a town may render a property owner liable for the cost of constructing a sidewalk, such walk must be constructed under a contract let by the town marshal as provided by statute. Town of Clay City v. Bryson, 30 App. 490.
In an action by a town to recover the cost of constructing a sidewalk, the complaint need not aver that the contract for the work was in writing, nor is sucn contract the foundation of the action. Drew v. Town of Geneva, 159 Ind. 364.
The statute providing for the appropriation of property by towns for public streets is constitutonal. Pittsburgh Ry. Co. v. Town of Wolcott, 162 Ind. 399.
The appointment of commissioners by a board of town trustees upon a petition for the opening of a street is a sufficient indication of the board that public convenience requires the street to be opened. Pittsburgh Ry. Co. v. Town of Wolcott, 162 Ind. 399.
The failure of commissioners appointed to assess benefits and damages in proceedings to open a street to state in their report the value of the land appropriated, nor what real estate would be benefited, is not sufficient cause for dismissing or vacating the proceedings when no objections are made to such report before the town trustees nor in the circuit court. Pittsburgh Ry. Co. v. Town of Wolcott, 162 Ind. 399.
If the commissioners fail to state in their report that any land will be benefited by the opening of a street, it is presumed that there were no benefits to be assessed upon any property. Terre Haute Ry. Co. v. Town of Flora, 29 App. 442.
If a town accepts the report of commissioners for the opening of a street, the damages assessed are to be paid or tendered to the property owners whether any benefits have been assessed against property or not. Terre Haute Ry. Co. v. Town of Flora, 29 App. 442.
If the damages assessed are not paid or tendered, the opening of the street may be enjoined. Town of Montgomery v. Baltimore R. R. Co., 29 App. 692.
If the board of trustees does not accept the report of the commissioners as to the opening of a street within twenty days after the same is filed, the proceedings are nullified. Town of Montgomery v. Baltimore R. R. Co., 29 App. 692.
What questions are to be tried on an appeal in proceedings for the opening of a street, evidence admissible on the trial and on whom rests the burden of proof. Terre Haute Ry. Co. v. Town of Flora, 29 App 442.
Tenth. To appoint a street commissioner, a chief of the fire force and a marshal; and to adopt rules and regulations for the government of such officers: Provided, That the duties of any or all of such officers may be assigned, by ordinance, to the marshal.
Eleventh. To prohibit the encumbrance of the streets, alleys and other public grounds of the town, and to forbid the riding or driving of any
vehicle or animal on any sidewalk therein, except in the necessary act of crossing the same.
Towns have power to prohibit the construction and use of gates which swing outward and across sidewalks. Town of Rosedale v. Hanner, 157 Ind. 390.
Twelfth. To regulate the running of railroad trains, street and interurban cars and all other vehicles on or across the streets and alleys of the town; and to compel all railroad, street car and interurban companies to lay their tracks so as to conform to the established grades of streets and alleys.
Towns have power to pass reasonable ordinances regulating the speed of railroad trains within their corporate limits. Baltimore R. R. Co. v. Town of Whiting,
161 Ind. 228.
Thirteenth. To contract for lighting the streets and other public grounds of the town, with gas, electricity, or other suitable light: Provided, however, That the board of trustees, by a two-thirds vote of all their number, may, at a special meeting of the board called for that purpose, of which meeting a notice shall be given for two weeks by publication in a newspaper, if one be published in such town, and, if not, by posting in at least one public place in each ward, cause to be constructed at the expense of the town an electric light plant or a gas plant for the purpose of furnishing public, commercial and domestic lights for such town. For the purpose of paying for such plant the board may issue the bonds of the town to an amount not exceeding the contract price of the plant and bearing not to exceed six per cent. interest per annum payable annually or semi-annually, and sell the same at not less than par value; and may provide by ordinance for the control and management of such plant.
Power of towns to contract for the lighting of the public streets and when such contracts may be enforced. Town of Gosport v. Pritchard, 156 Ind. 400; Meyer v. Town of Boonville, 162 Ind. 165.
Fourteenth. To require any railroad company, operating a line of railroad over a street of the town, to maintain a street light at such crossing, to be lit at night during the passage of every train and for not less than thirty minutes prior thereto: Provided, That such board shall have no authority to require such railroad company to maintain any different kind of light at such crossing from that maintained by the town at other street crossings.
Fifteenth. To insure the public property of the town.
Sixteenth. To purchase, lay out and regulate cemeteries.
Seventeenth. To plant trees upon public grounds and along the streets. of such town, and provide for their culture and preservation; to inclose, manage and care for any public square or other common or public grounds within such corporation; and to survey, determine, regulate and care for the banks, shores and wharves of any stream within the corporate limits; and to construct all necessary wharves and landings for
steamboats and other vessels where such town is situated on the bank of a navigable stream, lake or water course. Such trustees may also purchase and hold real estate situated within or without the corporate limits of the town, to be used as a public park. And the board shall have power to levy taxes or issue bonds to defray the expenses of purchasing or improving such park, to an amount not exceeding two per centum of the taxable value of the property of such town. If such bonds be issued they shall not be sold for less than par value and the rate of interest thereon shall not exceed six per cent. per annum, payable annually or semiannually. The board shall provide annually for the payment of the interest on such bonds and for the liquidation thereof by such tax levy therefor as may be necessary to meet such interest and principal from year to year until all such bonds are paid. And such board shall have complete jurisdiction over such park and may make all needful rules and regulations for its management and control.
Eighteenth. To levy and have collected annual taxes, not exceeding fifty cents on the hundred dollars valuation, on all property subject by law to taxation, and twenty-five cents poll tax; also a tax not exceeding one dollar on each male dog and two dollars on each female dog, to be paid by the owner thereof. Such board shall, in addition, have power to levy and have collected annual taxes, not exceeding thirty cents on the hundred dollars valuation, on all property subject by law to taxation, for the support of town schools.
Nineeenth. To erect or provide such school houses as may be necessary for the use of the schools of the town, to complete school houses in process of erection and provide for the payment of the cost of the same, to keep all such school houses in repair and to provide fuel and other necessaries therefor.
Twentieth. To make and establish such by-laws, ordinances and regulations, not repugnant to the laws of this state, as may be necessary to carry into effect the provisions of this act, and to repeal, alter or amend the same as they shall seem to require; but every by-law, ordinance or regulation imposing a penalty for its violation shall, except in case of emergency to be declared therein, be published in a newspaper in such town, if one be printed therein, or be posted in one public place in each ward of such town, at least ten days before the same shall take effect.
Twenty-first. To enact fines, penalties and forfeitures for violations of this act, or of any by-laws or ordinances of the town, not exceeding ten dollars for any one offense, which may be recovered in an action in the name of the corporation: Provided, That the fine assessed for the violation of any ordinance requiring a license may be a sum equal to the amount required by the ordinance to be paid for such license.
See sections 3704-3766, as to powers of cities and towns.
See notes to section 4357, Burns' R. S. 1901.
All town ordinances which are enacted under the legislative power possessed by towns, must be published in a newspaper or posted as required by clause 16 of
section 4357, Burns' R. S. 1901, before the same take effect. Meyer v. Town of Boonville, 162 Ind. 165.
Taxpayers of a town may enjoin the enforcement of invalid ordinances. Meyer v. Town of Boonville, 162 Ind. 165.
[Acts 1903, p. 166. In force March 4, 1903.]
3798. Sewer, connection with city.-1. That the board of trustees of any incorporated town in this state which is situated within the corporate limits of any city, or surrounded thereby, in consideration of the right to connect and use any sewer which has been or may be constructed in proximity to said incorporated town by the city so surrounding the same, shall have full power and authority to enter into a contract with such city to pay such proportionate share of the cost of such sewer as may be agreed upon between the said board and the city constructing said sewer; and said board shall have full power and authority to appropriate and pay out of the general funds of such incorporated town the sum so agreed upon. The board of trustees shall be the sole judges of the advisability of making any contract authorized herein and the reasonableness of its terms.
See sections 3759-3766.
3799. Agreements legalized.-2. That any agreement heretofore entered into between such incorporated town and any such city in reference to the construction of any sewer is hereby ratified and confirmed and declared to be a legal and valid obligation of such incorporated town, and all acts of the board of trustees of any such town in reference to any such agreement are hereby ratified, confirmed and made legal.
[Acts 1903, p. 310. In force March 9, 1903.]
3800. Aiding electric railways.-1. That the board of trustees of any incorporated town in this state having a population of more than twentytwo hundred and less than twenty-three, hundred, by the last preceding United States census, shall have the power to donate from the general funds of said town a sum not exceeding ten thousand dollars to any electrie railway company which may contemplate building its line of railway through the town, upon such terms and conditions as the board of trustees may order; and the board of trustees shall submit to a vote of the qualified voters of the town, at a general or special election, the question as to whether or not the town shall donate to such company a specified sum of money upon said terms and conditions, in which case those in favor of such donation shall cast a ballot reading "For donation," and those opposed shall cast a ballot reading "Against donation." If the majority of the votes cast shall be in the affirmative, the board of trustees shall make said donation upon such terms and conditions, which donation may be in money, or in bonds of the town drawing interest either annually or semiannually, at a rate not exceeding six per centum per annum, the principal of the bonds to be payable at such times as the board may order, not to exceed ten years, and each bond to be signed by the president of the board of trustees and attested by the clerk and official seal of the town.
PROSECUTIONS UNDER ORDINANCES.
[Acts 1905, p. 219. In force April 15, 1905.]
3801. Ordinances Prosecutions Any person violating the provisions of any town ordinance, to which there is a penalty affixed, may be prosecuted in the name of the town before a justice of the peace having his office within such town, or before the circuit court of the county, and in case there be no acting justice of the peace within such town, then before any justice of the peace in the county in which the town is situated, upon a warrant issued by such justice, as in case of misdemeanors; and such person, on conviction, shall stand committed until the judgment and costs are paid or replevied, and, in default of payment or replevy of such judgment and costs, the defendant, unless a woman, may be adjudged and required to pay the same by manual labor upon the streets or other public works, of such town, for which labor such defendant shall be credited on such judgment and costs one dollar per day. It shall be the duty of the marshal, or other such officer as the board of trustees may direct, to cause such defendant to work not less than six nor more than ten hours per day, according to the season, and each evening to return him to the custody of the keeper of the prison to which such defendant was committed. Upon payment, as aforesaid, of such judgment and costs, such defendant shall be discharged. Such marshal is hereby authorized and required to perform all the duties herein prescribed, and to use all proper means thereto; and the board of trustees is vested with full authority to pass by-laws and ordinances for compelling the enforcement of such manual labor by such defendant. Such defendant may be committed to the town prison, or if there be none, then to the county jail or workhouse of the county in which such town is situated; and in the latter case, it shall be the duty of the person having charge of the jail or workhouse to receive such defendant and obey the judgment of the court in reference to him. For the keeping and board of such defendant the sheriff or keeper of such jail or workhouse shall receive such compensation as is allowed for the keeping and board of other prisoners, to be paid by such town on the presentation of an itemized account therefor; but one commitment and one discharging fee shall be charged, and the defendant may at any time replevy and pay such judgment and costs, receiving credit for any labor performed as aforesaid.
See notes to section 4355, Burns' R. S. 1901.
3802. Prosecutions, authority.--33. Whenever any suit shall be instituted by an incorporated town, such town will not be required to show its compliance with the provisions of this act as to its organization or as to the publication of its by-laws or ordinances, unless the same be controverted by affidavit; and in charging the violation of any ordinance, it shall be necessary to state only the title of the ordinance, the date of its passage, and the number of the section or sections violated.