352 OJJX fa lor 1370 \ 4p> /" . • -1 >■ * ♦ • * ‘ • »*• k • • ' 4 * . * . • 4 . ■ <*> , m u 1 ■ \ » THE OHABTEB, GENERAL ORDINANCES, &c., OF THE COMPILED AND PUBLISHED I BY AUTHORITY OF THE COMMON COUNCIL OF SAID CITY. EVAUSVILLE : EVANSVILLE COURIER, STEAM BOOK AND JOB PRINT. 1871. OFFICERS OF THE CITY: . tfflLSEEJ'Sf’' — '*22'' MAYOR : WILLIAM BAKER. j First Ward Second Ward , ... Third Ward ... Fourth Ward... Fifth Ward /SfcctfA Ward Seventh Ward.. Eighth Ward.. Ninth Ward... COUNCILMEN : AUGUST ELLES. E.G. VAN RIPER. M. MUEIILHAUSEN. HENRY R I CIIARI) T. ...W. CARPENTER. .; CHARLES SCPIAUM. ...THOMAS KERTH. WM. HEILMAN. C. A. DOUGHTY. CLERK : WM. HELPER, RECORDER : NATHAN WILLARD. COLLECTOR : WM. MAYNARD. TREASURER : SAMUEL BACHARACH. MARSHAL : CHRIS. WUNDERLICH. SURVEYOR : JAS. D. SAUNDERS. SCHOOL TRUSTEES I C. L A.UENSTEIN. WM. F. PARRETT. H. W. CLOUD. SUPERINTENDENT OF PUBLIC SCHOOLS. A. M. GOW. *' <3r c° •e— ■ b's'Z.O'l'JZ. \ 1^0 • The original Charter of the City of Evansville was passed inuary 27th, 1847, and in the schedule to the present Consti- ution of this State, this charter was, with other municipal charters, continued in force. The fourth clause of said scheduel is in these words : ~ 3 “ Fourth : All acts of incorporation for municipal purposes r^shall continue in force under this Constitution until such time IT as the General Assembly shall, in its discretion, modify or repeal the same.” The following pages contain the original charter of the city’ and subsequent enactments in modifications thereof ; the in- tention being to present the charter as it now is. i ' >•' — -jLO* AN ACT Granting to the Citizens of the Town of Evansville , in the County of Vanderburgh , a City Charter ; APPROVED JANUARY 27, 1847. (See Local Acts of 1846—7, page 3. Section 1 . Be it enacted by the General Assembly t of Bonn a the State of Indiana, That the boundaries of the city of riesotclty ' Evansville shall be the same as the boundaries of the present town of Evansville, omitting Goodsell’s En- largement of said town ; that is to say, the bounds of said city shall include all the territory embraced within the original plan of said town, as the same is recorded in the .Recorder’s office of Warrick County, and all the territory embraced within the following enlargements of "said town, viz : The Donation Enlargement, the Lower (or McGary’s) Enlargement, the Upper Enlarge- ment, and the Eastern Enlargement, according to the plats of said several enlargements, as made by the sev- eral proprietors of said enlargements, and recorded in the Recorder’s office of Vanderburgh County * and other territory may from time to time be annexed to and included within the hounds of said citv, as herein- after provided.! * The boundaries have been altered by the annexation of Lamasco and the addition of other territory— See appendix, A. t As to annexation of territory, see Act of March 6, 1805 (amending Charter), Sec. 1, 2, and 3— post. 6 'CHARTER OF THE General powers of corpora- tion. Sec. 2. From and after the first Monday in April, A. D. 1847, the people residing in the territory mentioned in the first section of this act shall become and be a body politic and corporate, by the name, style and title ot “ The City of Evansville,” and in and by such name shall be able and capable in law and equity to contract and be contracted with, sue and be sued, com- plain and defend in any court of competent jurisdic- tion; they shall have power to make, have, and use a common seal, and the same to alter, destroy, and renew at pleasure; to take, purchase, hold, and convey such real and personal estate as the purposes of the corpora- tion may require ; to survey, mark, and establish the boundaries of said city, and all future enlargements of the same ; to ordain, establish, enforce, and put in ex- ecution such rules, by-laws, ordinances, and regulations as shall be deemed proper and necessary for the good government of said city and the well-being of the in- habitants thereof, and generally to do all other acts and things which the good of the inhabitants of said city may require, not inconsistent with the Constitution of the United States or the Constitution and Laws of this State, and consistent with the objects of the corpora- tion.* Powers Sec. 3. Tim powers of said corporation shall be ves- vested ted in and exercised; by a Mayor and Councilmen, to be elected by the qualified voters of said city, and such other and inferior officers, to be appointed by the Com- mon Council, f as are hereinafter named, or as may from time to time be appointed by the Common Coun- cil, in pursuance of the rules, ordinances, and regula- tions to be made, ordained, and established as afore- said. I * See Act of December 21, 1865, and of March 11, 1867— post, f See Acts of 1862— post. X Mayor , Recorder, Clerk, Treasurer, Collector, Councilmen, Marshal, Street Commissioner, Surveyor, and Assessor made elective by the people. See Acts of 1852— post. CITY OF EVANSVILLE. 7 Sec. 4. The territory of said city shall be divided in- 33 ™ 1011 ^ ^ of terri- to six wards, as follows,* viz : All that part of said ter- tory into ritory lying south and east of Walnut street shall be the wards - First Ward ; all that part of said territory lying be- tween Walnut and Locust streets shall be the Second Ward; all that part of said territory lying between Locust and Main streets shall be the Third Ward; all that part of said territory lying between Main and Syc- amore streets shall be the Fourth Ward; all that part of said territory lying between Sycamore and Vine streets shall be the Fifth Ward ; and all that part of said territory lying north and west of Vine street shall Number of be the Sixth Ward; and each ward shall be represented^^' 11 ' by one Councilman, who shall reside therein, and shall be elected by the qualified voters of such ward. Sec. 5. The Mayor shall be elected by the qualified * " Mayor, voters of the whole city, and shall hold his office for the Low ^ 7 . elected term of three years from the date of his election, and an term of J < 7 office. until his successor shall be elected and qualified, except where he is elected to fill a vacancy, in -which case he^g^Jfor shall hold his office until the expiration of the term for councii an(l which his predecessor was elected, and until his sue- Sfary of 1 cessor is elected and qualified ; and a Councilman shall both ‘ hold his office for the term of one year, and until his successor is elected and qualified, except where he is elected to fill a vacancy, in which case he shall hold his office until the expiration of the term for which his predecessor was elected, and until his successor is elec- ted and qualified. FTo person shall be eligible to the office of either Mayor or Councilman unless he is a freeholder of said city, and a qualified voter therein. f The Common Council may provide by ordinance for the payment of a stated salary to the Mayor and Coun- cilmen : Provided , That for the first year after the or- ganization of the corporation under this act, the salary * As to the power of the Council to alter the numbers and boundaries of the wards, see Act of February 4, 1848, Sec. 4— post. t Altered; see Act of JuneiOth, 1852— post. No property qualifications re- quired for any city office. 8 CHARTER OF THE of the Councilmen shall not exceed fifty dollars each, nor that of the Mayor one hundred and fifty dollars, in addition to his fees as a judicial officer; nor shall any ordinance increasing the stated salary of Councilmen take effect until after the next general election of Councilmen after the passage thereof. Elections, Sec, 6. All elections shall be by ballot, and all elec- how and . ^ 7 wheaheid tions (except elections to fill vacancies) shall be held of voters 011 first Monday in April annual ly.f A poll shall be opened in each ward for the reception of votes ; and every free white male citizen of the age of twenty-one years, who has resided in this State one year, and in said city six months, and in the ward in which he offers his vote one month next preceding such election, shall be entitled to a vote in the ward in which he resides, and not in any other ward.J fraudulent Sec. 7. Each qualified voter, according to the next votmg. preceding section of this act, shall be entitled, to vote once, and no more, at each election, in his own ward. And if any person, being under the age of twenty-one years, shall vote or attempt to vote, or if any person shall vote or attempt to vote more than once, or shall knowingly vote or attempt to vote for a Councilman in a ward in which such person has not been a bona fide resident for one month next preceding such election, or shall designedly hand in two or more tickets folded together, or shall otherwise fraudulently vote at any election to be held in said city, or any ward thereof, every person so offending shall, for every such offence, forfeit aud pay any sum ot money not exceeding fifty dollars, to be recovered in an action of debt or case, in the name of the city of Evansville, and for the use and benefit of said city, before any court of competent juris- diction ; and every person against whom judgment t As to the power of the Council, in the regulation of times and places of holding city elections, see Act of February 4, 1848, Sec. 2, and of March 11th, 1867— post. t As to qualifications of voters, see Acts of March 10th, 1852, April 23d, 1852, Sec, 2, June 10th, 1852, Sec. 2, March 1L, 1867, Sec, 1, and May 13, 1860 — post. CITY OF EVANSVILLE. 9 shall be rendered in any such action shall be incapable of voting or being elected to any office at any city elec- tion for three years next after the rendition of such judgment.* Sec. 8. The polls for all elections shall be opened be- Elections, tween nine and ten o’clock a. m. and continued °P en aSdctosed until four o’clock p. m. and closed before five o’clock p. m. of the same day. Sec 9. Every ticket handed in shall contain the tickets? 1 name of every person intended to be voted for, either written or printed, and designate the office to which such person named is intended to be elected ; and if any ticket designates more than one person as voted for for the same office, as to that office such ticket shall not be counted; but no ticket shall be lost for want of form, if the Judges and Inspectors of the Election can satisfactorily ascertain, from an examination of the ticket, the person voted for and the office intended, f Sec. 10. It shall be the duty of the Common Council election, to designate some particular place in each ward { for natedfana officers of holding elections, which place may be changed from election, • „ _ r, , . , howap- time to time as the Common Council may think proper .pointkd. It shall also be the duty of the Common Council an- nually to appoint for each ward in said city, from among the qualified voters of such ward, an Inspector of Elections, who shall hold his office until a successor is appointed, and whose duty it shall be, on every day when an election is to be held, to attend at the proper place for holding elections in Lis ward, and take to his assistance, previous to opening the polls, two qualified voters of his ward, who, together with himself, shall constitute the Judges of the Election then about to be held in such ward, which Judges shall appoint two * See note on preceding section as to qualification of voters, and also, Act of June 14, 1859, Sec. 59, as to punishment oi illegal voting, Gavin &. Hord, Vol. 11, page 473. t See Act of March 11, 1867, Sec. 13— Acts of 1857, page 120. t See Act of February 4, 1848, and of March 11, 1867— post. 10 CHARTER OF THE I nspectors now ap- pointed when pre- vious ap- pointee is absent, Poll- books, how made out; elec- tion, how opened. Duties of officers in receiving votes suitable persons Clerks of said election; and said In- spector, Judges, and Clerks shall, before entering upon the discharge of their duties, take an oath (which may be administered by the Inspector to the Judges and Clerks, and by one of the Clerks to the Inspector) faithfully and impartially to discharge the duties as- signed them. || Sec. 11. Should the regular Inspector of any ward fail to attend and open the polls by ten o’clock a. m. of any day on which an election is to be held in his ward, or if, after having opened the polls, he should from any cause be unable to remain and continue to discharge his duties as Inspector, then it shall be lawful for the qualified voters of such ward present to appoint, viva voce , and by a plurality of voices, an Inspector for the occasion, who shall be governed in all things by the same rules as the regular Inspector. Sec. 12. It shall be the duty of the Clerk of the Common CounciL before the dav of the election, to make out and, on request, to deliver to the Inspector of each ward a poll-book for such ward, together with suitable tally papers. Every election shall be held at the particular place in each ward designated by the Common Council ; and before receiving any votes, the Inspector shall proclaim, or cause it to be proclaimed aloud, without the house, that the polls are opened. The polls being opened, the Judges and Inspector shall proceed to receive the votes, and and when a vote is presented, the Inspector shall call out the name of the voter, and if there be no objections, and he be a qualified voter, the Inspector shall receive his ticket, and, in the presence of the other Judges, put it in the ballot-box, and the Clerks of said election shall record the name of every person voting upon their res- pective poll-books, numbering the names of the voters consecutively, as their votes are given. D See Act of May 13, 1869, Sec 7— post. CITY OF EVANSVILLE. 11 Sec. 13. If any Inspector or Judge of any election shall receive at such election the vote of any person election who is known to such Inspector or Judge not to be qualified voter, or if any Judge, Inspector or Clerk shall attempt to pry into or find out the name or names of any person or persons on any folded ticket prior to putting it in the ballot-box, or expose such ticket to the inspection of any other person, or place any mark on it with a view to identify it afterwards, he or they so offending shall, for every such offense, forfeit and pay the sum of one hundred dollars, to be sued for and recovered in an action of debt, or, case, in the name and for the use of the said city of Evans- ville. Sec. 14. If any doubt arises as to the right of any Right of person to vote, it shall be settled by the Judges aud^jngto^ Inspector, who, in order to do so, may examine other determm- witnesses, as well as the person offering his vote, or either, at discretion ; the witnesses and the voter so ex- * amined being first sworn by the Inspector, who, when any person is sworn in relation to his own qualification to vote shall administer to him the following oath : “ You do solemnly swear (or affirm) that you are, to the best of your knowledge, information and belief, not less than twenty-one years of age, that you have resided in this State one year, in this city six months, and in this ward one month next preceding this time, and that you have not voted at this election.”* And any person who shall be sworn by the Inspector, as in this section mentioned, and shall swear falsely and cor- ruptly, shall be deemed guilty of perjury, and, upon conviction thereof, shall be punished accordingly. Sec 15. When the polls are closed, the Inspector and Duties of Judges shall proceed to canvass and estimate the votes election given. The canvass shall be public, and shall be com- ing vote menced by a comparison of the poll-books or lists, and * Altered ; see Acts of 1852, March 11 , 1867, and May 13, 1869— post. 12 CHARTER OF THE a correction if any mistakes found therein, until they shall be made to agree. The tickets shall then be counted unopened, except so far as to ascertain that two or more tickets have not been handed in folded to- gether, and if two or more tickets are found folded to- gether, or attached to each other in such a manner as to present the appearance of but one ticket, and the Inspector and Judges are clearly of opinion that the same were handed in as one ticket, they shall be re- jected and destroyed , then if the tickets shall be found to exceed in number the whole number of voters whose names are on the poll-books, they shall be replaced in the ballot-box and thoroughly shaken, and then one of the Judges shall publicly draw out and destroy so many unopened tickets as shall be equal to the excess. The tickets and poll-books being found or made to agree, the tickets shall then be taken out, one by one, by the Inspector, who shall open them and read aloud the name of each person on each ticket, and the office for which such person is voted for, and shall then hand it to one of the Judges, who shall string it on a thread. As the Inspector reads the tickets, each Clerk shall mark on a tally-paper the votes each individual shall How suc- cessful candidate declared elected, and certifi- cate of election ; tie vote, how de- cided. receive and the office he is voted to fill. Sec. 16 . When the votes are all counted and read ofi as aforesaid, the Inspector shall declare the person who has received the greatest number of votes for Council- man duly elected Councilman for that ward, and shall make and deliver to him a certificate to that effect, signed by the Inspector and attested by both the Clerks. But should two or more persons be found to have received an equal and the highest number of votes, then the Inspector and Judges shall determine by lot, in a fair and impartial manner, -who of such persons shall be Councilman, and give him a certificate as afore- said. CITY OF EVEESVILLE. 13 Sec. 17. In cases of election for Mayor, the Inspector ^'Vayor and Judges of each ward shall make out and sign a certificate, stating in wards at full length the names of the several persons voted for for Mayor, and the num-iesuit da de? her of votes received by each, which certificate shall be ciared ‘ placed in the hands of one of the Judges or tlie Inspec- tor who have signed the same; and on the Wednesday next succeeding such election, between 10 o’clock A. M. and 3 o’clock p. m., the Judges or Inspectors of the sev- eral wards holding such certificates shall meet at the Court House in Evansville, or such other place as may be designated by the Common Council, and compare their several certificates, and the person having the highest number of all the votes given, according to said certificates, shall be declared duly elected Mayor, and the said Judges and Inspectors shall give him a certifi- cate accordingly; but should two or more persons be found to have received an equal and the highest num- ber of votes, it shall be the duty of the Inspectors and Judges, convened as aforesaid, to determine by lot who of such persons shall be Majmr, and give him a certifi- cate of his election under their hands as aforesaid. Sec. 18. The Judges of every election shall complete ^en^r- the canvass of votes, and make out the certificates §e e made to hereinbefore required to be made, by 4 o’clock p. m., of havered • the day next succeeding the day of the election ; and S^how 8 the certificate of the election of Councilman shall be preserved ' delivered to him, or left at his usual place of residence within three days thereafter. Within the same period the Inspector of each ward shall leave one of the poll- books and tally papers of his ward with the Clerk of the Common Council, to be by him filed and preserved ; and the other poll-book and tally paper with the tick- ets, shall be kept and preserved by the Inspector for the term of three months, subject at all reasonable hours of every day to the inspection of any voter in the city wishing to examine the same. 14 CHARTER OF THE Exeinp tion from Sec, 19. No qualified voter of the city shall be arrested day of° n witliin the city on the day on which an election is election "held in his ward, except for a crime or misdemeanor against the laws of the State, or an offence against the penal laws, ordinances or regulations of the city, made or ordained by the Common Council by authority of this act. Bribery Sec. 20. If any person shall use anv threats, force or offences violence, or attempt to awe, or by any other means against . J J . purity of restrain any voter m his freedom of choice, or if any election ^ # . J ]^ pun - person shall give any bribe, fee or reward, in meat, drink, or otherwise, in order to induce any voter to vote contrary to his inclination, or shall on the day of election, give any public treat in meat or drink, or di- rect any person to do so in his behalf, with a view to obtain any vote or votes for himself, or any other per- son or persons, every person so offending shall forfeit and pay any sum not less than fifty dollars, nor more than one hundred dollars, to be recovered in an action of debt, or on the case, in the name and for the use of the city of Evansville, before any court of competent jurisdiction. Miscon- Sec. 21. If any Judge, Inspector or Clerk of an elec- officers of tion, having taken upon himself the performance of the how 1 pun- duties herein required of him, shall willfully or fraud- ulently neglect or refuse to discharge the same, or slial be guilty of any fraud or corruption in doing such du- ties, he shall forfeit and pay any sum of money not ex- ceeding one hundred dollars for every such wrongful act of commission or omission, to be sued for and re- covered in an action of debt, or on the case, in the name and for the use of the city of Evansville, before any court of competent jurisdiction. Sec. 22. The Common Council shall cause a sufficient number of ballot boxes to be provided and deposited preserved. w ith the Clerk, who, when an election is about to take place, shall deliver one of said boxes to the Inspector of Ballot- boxes, how fur nished and CITY OF EVANSVILLE. 15 each ward, who, after the election is concluded, shall return the same to the Clerk at the same time he de- livers to the Clerk the poll-books and tally papers. Sec. 23. Every Mayor and Councilman, before enter- Mayor and ing upon the discharge of his duties as such, shall take men. an oath before some competent authority faithfully and impartially to discharge his duties, which oath shall be certified on the certificate of his election. Sec. 24. The Mayor and Councilmen, elected and who to^ qualified as herein required, shall constitute the Com- qSorcm- mon Council of the city of Evansville, but a majority ^igeof* of the whole number of Councilmen shall be at all times Sons fi of a ~ necessary to constitute a quorum for the transaction of tS e Sep S ’ business. They shall be judges of the election returns, record ‘ and of the qualifications of their own members : shall determine the rules of their own proceedings, and keep a record thereof, which shall be open to the examina- tion of every citizen, and may compel the attendance of Mayor to absent members of the Council, in such manner and under when he such penaltv as they shall by by-law or order establish Preside nV T r. —1 ™ 1 1 11 of Council and prescribe. lhe Mayor, when present, shall pre-protem. side at all meetings of the Common Council, and in ease of a tie on any question or proposition, shall give the casting vote, except that in making laws and ordin- ances he shall have no vote, under any circumstances, nor in any other case, except where there is a tie. In the absence of the Mayor, the Councilmen shall elect one of their own body to preside for the time being, who, as President, shall possess the same power as the Mayor, while acting in that capacity, and the additional power of voting on all questions, whether there is a tie or not. Sec. 25. It shall be lawful for the Mayor and Com-™^ 0 f mon Councilmen, respectively and individually, at any men to qualify. time after being elected and qualified as aforesaid, to 16 CHARTER OF THE enter upon their respective duties ; Provided, That if any Mayor or Councilman elect shall fail, for the space of thirty days after his election, to qualify himself to enter upon the discharge of his duties, such neglect shall be deemed and taken to be a refusal to qualify, and a renunciation of the office to which he was elected. Meetings Sec. 26. The Common Council shall annually meet noticeof 1 ' on the Second Monday in March, and at such other meetings, stated times as by resolution, by-law or ordinance they shall appoint, and meetings of the Common Council may be called at any time by the Mayor, or, in his ab- sence, by a majority of the Councilmen, and the Com- mon Council, when met, may adj'ourn as well to any other time as to the regular time for a stated meeting, but in all cases of called meetings, notice thereof shall be given to each Councilman in writing, personally served, if practicable, or left at his usual place of res” idence; Provided , That where a meeting is called by the Councilmen, it shall not be necessary to notify the Councilmen calling the same. If a quorum of Council- men do not attend at any time and place appointed for a meeting, whether regular or called, it shall be the duty of the Clerk to adjourn such meeting from day to day until a quorum shall attend, or to the next regular time of meeting, or to any particular time prior thereto, bek°ept*° as circumstances may require. The Common Council appoint^ shall keep a full and fair record of all their proceedings, oahbbond and for this purpose shall appoint some person not of their body a Clerk, who, before entering upon the dis- charge of his duties as such, shall take an oath of of- fice, and give bond with security, to the acceptance of the Common Council, to secure the proper performance of his duties.* The Clerk shall attend all meetings of the Council, and make and keep a record of their pro- ceedings ; and the minutes of the proceedings of each and duties. * See Acts of 1852— post. CITT OF EVANSVILDE. 17 meeting being recorded, shall be read over in the pres- ence of the Council, and if incorrect, corrected ; and when found correct, or made so, shall be signed by the Mayor, or other presiding officer of the meeting, and attested by the Clerk, or other person acting as such. Sec. 27. It shall also be the duty of the Clerk to safely keep and preserve all records, books, and papers preserve belonging to the city of Evansville, and appertaining to andde- 00 J m 7 0 liver same or deposited in his office, entire and without injury or to his suc- r 7 0 . cessor, mutilation, and to hand them over, together with allf nd P er - 7 .... 7 0 form other property of said city in his hands, to his successor, and to do and perform all other things and duties that §ounciL y he may be required to do by the by-laws, ordinances, rules, and regulations to be passed, ordained and estab- lished by said Common Council. This act shall be deemed and taken to be a public act, and as such may T?iiis £tot ringing of bells, crying of goods or other things, and all other unnecessary noises to the disturbance of the citizens. what shall Twentieth . To abate and remove nuisances, and to sancesand declare what shall be deemed nuisances, and punishing same. the by suitable penalties the person or persons causing or continuing the same, or suffering the same to remain on his, her, or their premises, or both abate and punish, at discretion ; and for the purpose of declaring what shall be deemed nuisances, and abating the same, or causing and compelling the same to be abated, and punishing persons for causing, continuing, or suffering the same as aforesaid, the Common Council shall have jurisdiction over both land and water one mile beyond the limits of the city in all directions.* To regu- Twenty -first. To restrain and regulate carriers and late carri- a J ° ers, run- runners to and from steamboats, canal boats, and stages. ners, &c. J 70 Twenty -second. To regulate and license drays, wagons, late 1 and carts, hacks, and carriages, which may be kept in said drays, &c. city to be hired or used for hire or reward. To survey and estab- lish bounda- ries of streets,&c. Twenty -third. To ascertain, by survey, and mark and establish the boundaries and limits of said city, and all enlargements thereof, and of the streets, alleys, lots and blocks therein. to re°u- Twenty -fourth. To regulate the burial of the dead, to ofdead rial purchase and provide common burying grounds, hearses, and other things necessary to burial, and appoint one or more sextons, and prescribe his or their duties. Twenty-fifth. To provide for the keeping of bills of To provide J J v r 0 for bills of mortality, and returning the same at times and places ’ appointed for that purpose, and to impose suitable fines or penalties upon physicians, sextons, and others for any default in keeping or returning the same. ^Twentieth, As to power of Council to drain swamps, &c., within two miles of the city. See Act of Jan. 15, 1850— post. CITY OF EVANSVILLE. 23 Twenty -sixth. To regulate gauging, the place andTo regu- manner of selling and weighing hay, the place and ^ ghing manner of selling and measuring or weighing wood for fuel, lime and coal, and to appoint suitable persons to superintend and conduct the same. Twenty -seventh. To regulate the quality of bread, and j^° e regu ~ to provide for the seizure and forfeiture of bread baked bread, y &c. contrary thereto. Tie enty- eighth. To make, establish and regulate public wells, cisterns, reservoirs and pumps, and to prevent terns ’ &e - the unnecessary waste of water. Twenty -ninth. To provide for the furnishing of the To pro- ^ ^ ^ vide W£lt€ said city and the inhabitants thereof with water.* works. Thirtieth. To establish and regulate public pounds. Toest’ush Thirty-first. To prevent the firing of guns, pistols and Toreguate all other firearms and fireworks within said city. arms! file ~ Thirty -second. To prohibit and prevent the erection Toreg , late of wooden buildings in such parts of said city as they wooden oi may think proper. buildings. Thirty -third. To erect and establish market houses, market places, a hospital, a Council house, a city jail, lish and engine houses, and houses for common schools,! regulate and govern, and from time to time e repair, remove and rebuild the same, or build new ones, and to prescribe rules and regulations for the use and management thereof, and to prescribe the time and manner of vending produce and provisions in such market houses and market places, and to prohibit the sale, by retail, of meat, vegetables, eggs, butter, chick- ens, turkeys, geese, ducks and other fowls during mar- ket hours at any other place than the market houses and market places so established and erected. Thirty -fourth. To restrain and prevent forestalling and regrating. * See Acts of March 6, I860, and March 11, 1867— post. fSee Acts of March 6, I860, (General School Law)— Sec. 4 and 5, and of March 11th, 1867-post. 1 . uxu tv and tO markets, , hospitals, nlarge, jails, &c. 24 CHARTER OF THE To estab- lish fire depart- ment. Police. To compel attend- ance of members, &c. To ap- point offi- cers and prescribe their du- ties. Fees and salaries. Thirty-fifth . To prevent and guard against damage by fire ; to purchase fire engines and fire apparatus ; to organize fire companies, and regulate and govern the same, and to prescribe and regulate the duty and con- duct of the members of fire companies, and of other persons, in relation to fires, and property removed into the streets or elsewhere, to prevent its destruction by fire. Thirty-sixth . To regulate the general police of said city. Thirty-seventh. To compel the attendance of the mem- bers of the Common Council; to appoint all officers and agents they may deem proper and necessary to carry into full effect the powers hereby conferred, and to prescribe their powers and duties and to require them, or any or either of them, to give bond, with security, for the faithful discharge of such duties, and all officers and agents so appointed shall hold their offices during the pleasure of the Common Council. Thirty -eighth. To regulate and establish and provide for the payment of the fees and salaries of all officers and agents by them employed. Torcgu- Thirty-ninth. To regulate the streets, alleys, and side- streeum- wa ^s, and all improvements and repairs thereof;* and meilts, &c. the said Common Council shall have the exclusive right and power of taxing persons residing in said city, and real and personal property situated therein, for the purpose of making such improvements and repairs, whether such improvements or repairs consist of grad- ing, paving, ditching, or anything else ; and no person residing in said city shall be compelled or required to work on any road without the city, nor shall any prop- erty lying or being within the city be taxed for the purpose of making, opening, improving, or repairing any road or bridge without the limits of said city: Provided , That nothing herein contained shall prevent * See Act of March 6, 1865, in reference to railroads, &c.— post. CITY OF EVANSVILLE. 25 the Board of Commissioners of Vanderburgh County from making such appropriations of the revenue of the county as are or may be authorized by law for the building, purchase, or repair of bridges, either within or without said city. Fortieth.* To take stock in any chartered company to take J . stock in for making roads to said city, or for watering said city, ™adan<^ and in any company authorized or empowered by the panies * Board of Commissioners of Vanderburgh County, to build a bridge on anv road leading to said city ; and to establish, maintain, and regulate ferries across the Ohio Biver from the public wharves of said city : Provided 9 That no stock shall be subscribed or taken by the Com- mon Council in any such company, unless it be on the petition of two-thirds of the residents of said city, who are freeholders of the city, distinctly setting forth the company in which stock is to be taken, and the number and amount of shares to be subscribed ; And provided l also , That in all cases where such stock is taken, the Common Council shall have power to borrow money, and levy and collect a tax on all real estate (either in- clusive or exclusive of improvements, at their discre- tion), for the payment of said stock. f Forty-first. To borrow money for the use of the city Borrow of Evansville. money. Forty-second. To lay out, open and make new streets Tolay and alleys, highways, and wharves, and to alter, con- etc. str< tract, widen, or discontinue any street, alley, or public wharf now made or hereafter to be made in said citv * 7 , subject to the rules and regulations hereinafter contained Forty-third. To prohibit or permit and regulate theToregu- ^ ^ ^ la.t6 8/iid, li~ sale of horses and other animals, and merchandise, and cense auc- tioneers. all other kinds of property, real or personal, at auction in the streets, stores, shops, or elsewhere within -'Amended ; see Act of December 21, 1365, Sec. 1, and of March 11, 1867— post. fFoRTiKTH. As to Evansville and Illinois Railroad Company, see Act of 1849-post. 4 26 CHARTER OF THE Wharves and whar- fage. To levy revenue. Robbers, ans tyof of the town of Lamasco City shall be entitled to seats in the Common Council of the city of Evansville, as members thereof ; and each ward of the present town of Lamasco City shall be and constitute a ward of the city of Evansville, until the wards of the city of Evans- ville shall be changed by the Common Council of the city, in pursuance of the charter thereof; but it is un- derstood, however, that the wards of said city? shall never be so arranged or constituted as to deprive any part of the united city of its due weight in the Com- mon Council according to its population. stock° ad Third. The stock in the Evansville and Crawfords- city l of Ev- ville Railroad Company now owned and held by the how man- present city of Evansville shall, after the annexation, be controlled, held by the Common Council of the united city in trust for the benefit of that part of the united city which constitutes the present city of Evansville ; and the members of the Common Council representing the ter- ritory or w^ards constituting the present city of Evans- ville, or a majority of them, shall control said stock and all questions in relation thereto; and no property ? persons, effects, or things within the territory or wards of the present town of Lamasco City, and not now tax- able by the corporate authorities of the city of Evans- ville, shall ever be taxed to pay any of the principal or interest of the debt contracted by the city of Evansville to pay her subscription to the capital stock of said rail- road company. oebtcon-^ Fourth. After the said annexation of the said town to payment said city shall have been consummated, the taxes which of said i ....... paid^ ^ ow may he necessary to meet the principal and interest of the debt contracted by the city of Evansville to pay her subscription to said capital stock of said railroad com- AGREEMENT OF 79 pany shall be levied, assessed and collected upon all other persons, property, effects and things, which are or may hereafter become subject to taxation by the cor- porate authorities of the united city, saving and except- ing the property, persons, effects and things expressly exempted from such taxation by the next preceding section of this article. Fifth. ISTothing in the third article of this agreement shall be so construed as to exclude the councilmen of any territory which may be added to or incorporated into the city after the annexation of said town to said city shall be consummated, from having a voice in the control of said railroad stock; but the intention of this Represen- tatives of territory hereafter annexed to have voice in control of said stock. What per- sons, pro- perty. &c.. agreement is that the people of any such territory shall taxation 10 have the same rights in said railroad stock, and be sub- menfof ject to the same burdens with the people of the present |nd in - W city of Evansville. terest ‘ Sixth. That an election be held on the twenty-sixth Q Uestiori day of March, 1857, under the provisions of said act t/on G oi a S- for the people of the city of Evansville and of the town m?tted S to b of Lamasco City, to vote upon the question of the an- the people, nexation of said town to said city, upon the terms spec- ified in this agreement. Seventh. It is further agreed and understood between Taxes of . , Lamasco the parties aforesaid, that until the town of Lamasco unpaid at 1 _ time of an- City is annexed under the act providing for the annex- ^ y at ^ n - ation of incorporated towns to incorporated cities, ap- leeted - proved February 16, 1857, that the Marshal of the town of Lamasco City shall proceed to collect- all taxes, de- linquent or otherwise ; but after the annexation of said town of Lamasco City to the city of Evansville, the delinquent taxes due for the years 1855 and 1856 and any previous year, shall be carried on to the duplicate tax list of the city of Evansville, and collected by the collector of taxes for the city of Evansville, in the same manner as the delinquent taxes of said city are now collected by law, and paid into the city treasury of Evansville. 80 ANNEXATION. Publica- tion of agree- ment of annexa- tion. Election It ekl in Evans- ville and Lamasco. And Whereas, The said agreement was made public by publishing the same in all the newspapers printed in Vanderburgh county three times, three weeks before the twenty-sixth day of March, 1857, and by posting printed handbills containing said agreement in three of the most public places in each ward of the city of Ev- ansville, and in each ward of the town of Lamasco City, as required by the third section of said act : And whereas , An election was held on the said twenty-sixth day of March, 1857, in said city, as well as in said town, at the places where other city and town elections are usually held in said city and town respectively, which election was held in pursuance of said act and of the aforesaid agreement : And tohereas , The inspectors and judges of the election so held in the city of Evansville reported to the Common Council of said city, on the twenty-seventh day of March, 1857, that there were three hundred and ninety-two votes cast in said city at said election, of which three hundred and seventy were in favor of, and twenty-two against the annexation of the town of Lamasco City to the city of Evansville, Evans- n m which report was entered on the records of said Com- Y,ll °* mon Council, and a certified copy thereof wa3, on the twenty-eighth day of March, 1857, delivered to the Clerk of the town of Lamasco City : And whereas , The judges and inspectors of said election so held m the town of Lamasco City, did also, on the twenty- eighth day of March, 1857, report to the president and trustees of the town of Lamasco City that there were two hundred and sixty-eight votes cast in said town at election in said election, of which two hundred and thirty-nine Earaasco. J P t , , . votes were in favor of, and twenty-nine votes were against the annexation of said town to said city, which last mentioned report was entered on the records of the president and trustees of the town of Lamasco City, and a certified copy thereof was on the same day deliv- ered to the Clerk of the city of Evansville. Result of ANNEXATION. 81 And in pursuance of the premises, the Mayor and Common Council of the city of Evansville, and the President and Trustees of the town of Lamasco City, in joint convention assembled at the council chamber of the Common Council of the said city, do now here unanimously — Resolve and declare , That the town of Lamasco City‘R eHOlu - te and the same is hereby annexed to the city of Evans- ville, upon the terms and conditions specified in the cft™to C the said agreement made by and between the Common ans\?iie. v ’ Council of the citv of Evansville and the President and Trustees of the town of Lamasco City, as aforesaid, and that this resolution and the foregoing preamble shall be entered at large on the records of the Common Coun- cil of the city of Evansville, and that the Mayor and Clerk furnish to the Recorder of Vanderburgh county for record a duly certified copy of the proceedings of this meeting. 11 CHARTEK OF THE AN ACT to amend the seventy-first section of an act entitled “An act granting to the citizens of the town of Evansville, in the county of Van- derburgh, a city charter,’ 7 approved January 27, 1847, and to add supple- mental sections to said act. [Approved March 6, 1865.] (See Acts of 186-5, page 113.) Section 1. Be it enacted by the General Assembly of the State of Indiana , That the seventy-first section of an act entitled “An act granting to the citizens of the town of Evansville, in the county of Vanderburgh, a city charter,” approved January 27, 1847, which sec- tion reads as follows, viz.: “ Sec. 71. At any time after this, act takes effect, any territory adjoining the city of Evansville, which is or may be laid out in streets and lots, and the plat thereof recorded ; or any part of any such territory so laid out in streets and lots, may be annexed to and included within the limits of the city of Evansville, in the man- ner hereinafter provided, viz.: Whenever three-fourths of the adult inhabitants of any such adjoining territory, who are freeholders therein, and own one-third of such territory, shall desire to have the same annexed to and included within the limits of said city; or whenever the owners in fee of one-half of any such territory, whether inhabitants thereof or not, shall desire to have the same annexed to or included within the limits of said city, and shall express such desire by a written petition, signed by three-fourths of such freehold in- habitants, or the owners of one-half of such territory, expressing therein distinctly the territory intended or CITY OF’ EVANSVILLE. 83 desired to be annexed to and included within the limits ^ti"! recited of said city, the Common Council, upon such petition being presented to them, shall, if they think proper, enter such petition at full length upon their records, and order the territory described in silch petition to be an- nexed to, and included within the limits of said city ; and thenceforth such territory shall, be deemed and taken to be annexed to and within the limits of said city, and the inhabitants thereof members of the cor- poration hereby created, to all intents and for all pur- poses whatever, and the territory so annexed shall constitute one, or be divided into two or more wards of the city of Evansville, as shall be provided by an ordi- nance or ordinances of the Common Council, and such ward or wards shall be represented in the Common Council in the same manner as other wards of the city ; and the Mayor and the Common Council, and all other officers of the city shall have the same jurisdiction over, and exercise the same powers within any territory so annexed, as they may have or exercise within the limits of the city of Evansville, as herein defined and pre- scribed, and also over and upon, the Ohio River, and the shore thereof in front of such annexed territory: Provided , That no revenue assessed, collected or raised, without any territory so annexed as aforesaid, shall be expended for any improvements or repairs of streets, alleys, wharves or landings within or in front of such territory, or for any labor or service done or rendered in or for the benefit of such territory or the inhabitants thereof ; nor shall any revenue raised, levied or col- lected within such territory be expended except in such territory and for the benefit of the same, or the inhabi- tants thereof, until the Common Council shall other- wise direct by a general ordinance, which ordinance shall not be passed without the consent of all the mem- bers of the Common Council representing such terri- tory, if there be less than three, or a majority of them if there be three or more,” — • 84 CHARTER OF- THE How amended. Annexa- tion of contigu- ous terri- tory when platted and re- corded. Be and the same is hereby amended to read as fol- lows, viz.: Sec. 71. Whenever there may be, or shall have been lots laid off and platted adjoining said city of Evans- ville, and a record of the same is made in the Recorder’s office of Vanderburgh county, the Common Council of said city may, by resolution, extend the boundaries of said city so as to include such lots with the streets and alleys thereof, or any part or portion of the same, and the lots, streets and alleys thus annexed shall thereafter form a part of said city, and be within the jurisdiction of the same. The resolution of the Common Council annexing such lots shall refer to the recorded plat of such lots, and if the resolution shall not annex all the lots contained in such plat, it shall define the bounda- ries of the part or portion of said lots so annexed, and the Common Council of said city shall, within ten days from and after the adoption of any such resol ution cause a copy thereof, certified by the Mayor under the seal of the city, to be filed in the office of the Recorder aforesaid, and the same shall be recorded in said office. Sec. 2. When said city shall desire to annex contigu- ous territory thereto, not platted or laid off*, the Com- Annexa- lion of contigu- tory 1 when mon Council shall present to the Board of County tea 1 and^e- Commissioners of said county a petition setting forth corded. . ' . , . , the reasons for such annexation, and shall accompany the same with a map or plat, accurately describing by metes and bounds the territory proposed to be attached? wdiich shall be verified by affidavit. Such Common Council shall give thirty days’ notice, by publication in one or more newspapers of the city, of. the intended petition, stating in such notice the territory to be annexed. Duty of s E c. 3. The Board of County Commissioners, upon sSnSs S ’on the reception of such petition, shall consider the same, o1pe P ution. ail( ^ hear the testimony offered for or against such annexation; and if, after inspection of the map, and of CITY OF EVANSVILLE. 85 all the proceedings had in the case, such Board is of the opinion that the prayer of the petition should be granted.it shall cause an entrv to be made in the order- book, specifying the territory annexed, with the bound- Eiitvv to aries of the same, according to the survey, and they bemadein shall cause an attested copy of entry to be filed with the Clerk of the Circuit Court of such county, which gopy to be shall be conclusive evidence of such annexation in all circuit^ courts of this State; and the Common Council shall court ' cause a plat of the annexed territory to be recorded ; piat, to be Provided, That twenty days’ notice of the pendency of such petition shall be sufficient ; which notice, in the Proviso, absence of any person owning property proposed to be annexed, may be served on his agent, or by publication in some newspaper printed and published in said city. Sec. 4. The Common Council of said city shall have power to power to pass ordinances, to regulate all inns, taverns, intis, ^w- • • eras 6t<'. or other places used or kept for public entertainment; also all shops and other places kept for the sale of arti- cles to be used in and upon the premises. Sec. 5. If any real or personal property within said Property city, or any money or capital within said city, which is ^assess- or may be taxable under the provisions of said act ofg®^Jj s at January 27, 1847, shall be omitted from the assessment rolls of said city for any year, it shall be lawful for the Common Council of said city, at any time before the time limited for the making of the collecting officer’s final return of his duplicate and proceedings, to cause such property, money, or capital to be assessed and added to the assessment roll of said year, and to be car- ried forward to the duplicate in the hands of the col- lector, with the proper amount of taxes charged to the owner, under such rules and regulations as said Council may, by general ordinance, prescribe; and said taxes may be collected in like manner, and to the same extent, as if such property, capital, or money had been included in the original assessment roll, and regularly 86 CHARTER OF THE carried forward to the duplicate at the proper time : proviso. Provided, however, That when auy assessment shall be made under 'the provisions of this section, the owner, or his agent, shall, whenever practicable, be notified of such assessment, so that he may appear before the Com- mon Council and have such assessment corrected, mod- « * ified, or equalized ; and it shall be lawful for the Com- mon Council to make such corrections, modification, or equalization of such additional assessments as the facts may require. M Sec. 6. Every person who shall own, or have in his tm-Sshow possession, or subject to his control, any personal prop- made. e rty within said city subject to taxation under said act of January 27, 1847, with authority to sell the same, which shall have been purchased either in% or out of this State, with a view of being sold at an advanced price or profit, or which shall have been consigned 'to him from any place out of this State, shall be held to be a merchant, and at all times when he shall, in pur- suance' of the said act of January 27, 1847, or of the ordinances made, or to be made, in accordance there- with, be required to make out and deliver to the As- sessor of said city a statement of his other personal property, he shall state and attest on oath or affirmation the value of such property appertaining to his business ♦ as a merchant ; and in estimating the value thereof, he shall take as a criterion the average value of all such articles of personal property he shall have had from time to time in his possession, or under his control, during the year ending on the thirty-first day of March next previous to the time of making such statement, if so long he shall have been engaged in business, and if not, then during such time as he shall have been so en- gaged, and the average shall be made up by taking the amount in value on hand, as nearly as may be, in each month of the said next preceding year in which the person making such statement shall have been engaged t CITY OF EVANSVILLE. 87 in business, adding together such amounts, and dividing the aggregate amount thereof by the number of months that the person making the statement may "have been in business during the preceding year : Provided , That no consignee shall be required to list for taxation the value of any property, the product of this State, ‘which shall have been consigned to him for sale, or otherwise, from any place within this State, or the value of any prop- erty consigned to him from any other place for the sole purpose of being stored or forwarded: Provided , He Prov]SO ’ shall, in either case, have no interest in such property, nor in any profit to be derived from its sale ; and the word “ person,” as used in this and the next succeeding section, shall be held to mean and include firm, com- pany, or corporation. Sec. 7. Every person who shall purchase, receive, or Manufac- hold personal property of any description subject to llow taxation, under said act of January 27, 1847, for the purpose of adding to the value thereof by any process .of manufacturing, refining, rectifying, or by the 'combi- nation of different materials, with a view of making gain or profit by so doing, shall be held to be a manu- facturer, and shall at all times when, by virtue of the said act of March 27, 1847, , or of the ordinances made in pursuance thereof, he is required to make out and deliver to the* Assessor of said city a statement of the * amount or value of his other personal property subject to taxation under said act, also state the average value estimated, as provided in the preceding section, of all articles purchased, received, or otherwise held for the purpose of being used, in whole or in part, in any pro- cess or operation of manufacturing, combining rectify- ing, or refining, which from time to time he shall have had on hand during the year next previous to the time of making such statement, if so long he shall have been engaged in such manufacturing business, and if not, then during the time he shall have been so engaged • i 88 CHARTER OF THE within said city, and such statement shall be attested on oath ; but in determining the value of all articles man- ufactured by him and remaining on hand unsold, the cost of the materials entering into their combination or of which they were made, with the cost of the mate- rials used or consumed in the process of manufacturing, combining, rectifying, or refining, shall be taken as the criterion of value for the purpose of taxation. General jaw incor- porating cities not to be adoptedby tlie com- i noncoun- cil. ' Emergen- cy. Proof of publica- tion. Sec. 8. It shall not be lawful for the Common Coun- cil of said city, from and after the taking effect of this act, to adopt the general law for the incorporation of cities, approved March 9, 1857, and thereby surrender its present charter, without first obtaining the consent of a majority of the qualified voters of said city to such adoption, to be ascertained by an election to be held under such regulations as may be prescribed by a gen- eral ordinance of said city ; of which election, and the object and purpose thereof, at least fifteen days’ pre- vious notice shall be given by publication in all the newspapers of said city. Sec. 9. An emergency is hereby declared for the im- mediate taking effect of this act, and the same shall therefore be in force from and after its passage ; and the Secretary of State shall forward a copy thereof to the Mayor of said city, who shall cause it to be published in some newspaper of said city. State of Indiana, Vanderburgh County, y ss . City of Evansville, F. M. Thayer, one of the publishers of the Evansville Daily Journal, a newspaper printed at said city, being duly sworn, says, that the foregoing'act, entitled “ An Act to amend the seventy-first section of an act en- titled ‘ An Act granting to the citizens of the town of Evansville, in the county of Vanderburgh, a city charter, 7 approved January 27, 1847, and to add supplemental sections to said act,” was published in said Evansville CITY OF EVANSVILLE. 89 Daily Journal, and that its first insertion was in the paper issued on the 16th day of March, 1865. F. M. THAYER. Subscribed and sworn to this 20th day of March, 1865, before me. W. Baker, Mayor. AN ACT to amend the fortieth clause of section thirty of an act entitled “ An Act granting to the citizens of the town of Evansville, in the county of Vanderburgh, a city charter,’ approved January 27th, 1847, and declaratory of the meaning ol the second section of the same act.* [Approved December 21, 1865.] Section 1. Whereas, section thirty of an act entitled “An Act granting to the citizens of the town of Evans- ville, in the county of Vanderburgh, a city charter,” ap- proved January 27, 1847, reads as follows : f “Sec. 30. The Common Council shall have the con- trol and management of the finances and of all the property, real and personal, belonging to said city, and shall have full power and authority, for and within said city to make, establish, publish, alter, modify, amend, and repeal by-laws, ordinances, rules and regulations, for the following purposes and on the following subjects, to-wit : “ Fortieth . To take stock in any chartered company for making roads to said city, or for watering said city, and in any company authorized or empowered by the Board of Commissioners of Vanderburgh County to build a bridge on any road leading to said city ; and to establish, maintain, and regulate ferries across the Ohio River from the public wharves of said city : Provided , That no stock shall be subscribed or taken by the Com- mon Council in any such company unless it be on the petition of two-thirds of the residents of said city, who are freeholders of the city, distinctly setting forth the company in which stock is to be taken, and the number and amount of shares to be subscribed: And provided *Amended. See act of March II, 1867.— post. fFor section 30 entire, see ante. Section recited. 90 CHARTER OF THE also , That in all cases where such stock is taken, the Common Council shall have power to borrow money and levy and collect a tax on all real estate (either in- clusive or exclusive of improvements, at their discretion) for the payment of said stock.” And whereas, It is deemed expedient to amend the fortieth clause of said section thirty, therefore, Be it enacted by the General Assembly of the State of Indiana , That the said fortieth clause of section thirty of said act be amended so as to read as follows : How amended. Common Council may con- struct wa- ter- works. May take stock in company to make road. Or in com- pany to purchase lands for cemeteries parks, wa- ter works, etc. Proviso. Fortieth. The Common Council of the city of Evans- ville shall have power to construct or provide for the construction of works for furnishing said city and its inhabitants with water, and to furnish water for public and private use in said city, or cause the same to be furnished ; and to take stock in any chartered company organized under the laws of the State, for the purpose of constructing such works and furnishing water as aforesaid, or for the purpose of making a road of any kind to said city, or for the purpose of building a bridge on any road leading to said city; and to purchase, hold and regulate the use of lands within or without the limits of the city for cemeteries, public parks, or grounds for the amusement and recreation of the people, and for water works, and to lease, sell and convey the same at their discretion : Provided , That no stock in any such company shall be taken unless the Common Council be requested in writing to take the same by two-thirds of the residents of said city who own real estate wthin said city, or unless a majority of the qualified voters of .said city, who shall have paid a city tax within twelve months next before voting, shall vote in favor of taking such stock, at an election held for the purpose of voting on that subject exclusively, in pursuance of an order of the Common Council fixing the time and place of hold- ing such election, and the manner of conducting the same, and the notice to be given thereof ; and whether CITY OF EVANSVILLE. 91 a majority of such qualified voters are in favor of taking such stock or not, shall be determined by the legal votes actually cast at such election : Provided , further , That Proviso, in all cases where stock shall be taken as above pro- vided, the Common Council shall have power to borrow money, issue bonds and levy and collect taxes in addi- tion to the ordinary revenue, to pay for such stock. All taxes so levied shall be ad valorem, and taxes levied to pay for stock subscribed for, in pursuance of the written request of two-thirds of the residents owning real estate, as above provided, shall be levied upon real estate only ; but taxes levied to pay for stock taken in pursuance of an election held as above provided, shall be levied upon all the real and personal estate subject to taxation in said city, for city purposes, and all such taxes shall be levied and collected with and as a part of the taxes regularly and annually assessed and collected for city purposes, and subject to the same laws and regulations; and the Common Council aforesaid shall have power to establish, maintain and regulate ferries across the Ohio river from the public wharves of said city. Sec. 2. That Section 2 of said act, which reads as fol- e , . lows, viz : “ From and after the first Monday in April, recited - A. D. 1847, the people residing in the territory mentioned in the first section of this act shall become and be a body politic and corporate, by the name, style and title of the City of Evansville, and in and by such name shall be able and capable in law and in equity to contract and be contracted with, sue and be sued, complain and de- fend in any court of competent jurisdiction ; they shall have power to make, have and use a common seal, and the same to alter, destroy and renew at pleasure ; to take, purchase, hold and convey such real and personal estate as the purposes of the corporation may require ; to survey, make and establish the boundaries of said city and all future enlargements of the same ; to ordain, es- tablish, enforce and putin execution such rules, by-laws, % • A ■ 92 CHARTER OF THE Meaning declared. Emergen- cy, orf .s and regulations as shall be deemed proper l essary for the good government of said city, and t’ ell-being of the inhabitants thereof, and generally t do all other acts and things which the good of the inhabitants of said city may require, not inconsistent with the constitution of the United States, or the con- stitution and laws of this State, and consistent with the object of the corporation,” is hereby declared to include and have included the power to provide and furnish said city and the inhabitants thereof with gas lights, either by erecting gas works or by making a contract or con- tracts with any person or persons, or company or com- panies, for the furnishing of said city and the inhabitants thereof with gas lights, on such reasonable terms as may be or may have been agreed upon between said city and such person or persons; and no contract heretofore made by the corporate authorities of said city with any person or persons, firm or corporation, providing for the furnishing said city and the inhabitants thereof with gas lights, shall be construed or held to.be invalid on the ground of a want of power on the part of said city to make the same ; but all such contracts heretofore made by said city for that purpose, which do not grant to the person or persons, firm, company or corporation with whom made, the exclusive privilege, for more than fifty years from the date thereof, of laying pipes for con- ducting gas under the streets, lanes, alleys, public grounds and thoroughfares of said city, are, so far as concerns the power of said citj to make the same, legal- ized, and shall be deemed as valid as if made after the passage of this act. Sec. 3. An emergency is hereby declared for the im- mediate taking effect of this act, and the same shall therefore be in force from and after its passage. CITY OF EVANSVILLE. 93 AN ACT to amend the first section of an act entitled “ An Act to amend the fortieth clause of section thirty of ‘ An act granting to the citizens of the town of Evansville, in the county of Vanderburgh, a city charter,’ approved January 27th, A. D. 1847, and declaratory of the meaning of the second sec- tion of the same act,” approved December 21st, 1865, so as to authorize the Common Council of said city of Evansville to subscribe for and take stock in the Evansville, Hender’son and Nashville Railroad Company, or any other company or corporation organized under and by virtue of the laws of the Commonwealth of Kentucky for the purpose- of constructing a railroad leading from Nashville, in the State of Tennessee, to a point on the Ohio River, at or near Evansville, Indiana. [Approved March 11 , 1867 .] Section 1 . Be it enacted by the General Assembly of the State of Indiana, That the first section of said act, which reads as follows, viz.: “ Sec. 1 . Fortieth. The Common Council of the city ofsecuon i, Evansville shall have power to construct, or provide for the construction of, works for furnishing said city and its inhabitants with water, and to furnish water for pub- lic and private use in said city, or cause the same to be furnished ; and to take stock in any chartered com- pany organized under the laws of this State, for the purpose of constructing such works, and furnishing water, as aforesaid, or for the purpose of making a road of any kind to said city ; and to purchase, hold and regulate the use of lands within or without the limits of the city, for cemeteries, public parks, or grounds for the amusement and recreation of the people, and for water-works, and to lease, sell and convey the same at their discretion ; Provided , That no stock in any such company shall be taken, unless the Common Council be requested, in writing, to take the same, by two-thirds of the residents of said city, who own real estate within said city, or unless a majority of the qualified voters of said city, who shall have paid a city tax within twelve months next before voting, shall vote in favor of taking such stock, at an election held for the purpose of voting on that subject, exclusively, in pursuance of an order of the Common Council, fixing the time and place of holding such election, and the manner of conducting the same, and the notice to be given thereof ; and 94 CHARTER OF THE Section 1, as amen- ded. Power of the Com- mon Council. whether a majority of such qualified voters are in favor of taking such stock or not, shall be determined by the legal votes actually cast at such election; Provided , further , That in all cases where stock shall be taken as above provided, the Common Council shall have power to borrow money, issue bonds, and levy and collect taxes, in addition to the ordinary revenue, to pay for such stock. All taxes so levied, shall be ad valorem , and taxes levied to pay for stock subscribed for, in pur- suance of the written request of two-thirds of the resi- dents owning real estate, as above provided, shall be levied on real estate only; but taxes levied to pay for stock taken in pursuance of an election, held as above provided, shall be levied upon all the real and personal estate, subject to taxation, in said city, for city pur- poses, and all such taxes shall be levied and collected with and as a part of the taxes regularly and annually assessed and collected for city purposes, and subject to the same laws and regulations ; and the Common Coun- cil aforesaid shall have powder to establish, maintain, and regulate ferries across the Ohio River, from the public wharves of said city',” be and the same is here- by amended to read as follows, viz.: [Sec. 1 .] Fortieth. The Common Council of the city of Evansville shall have power to construct, or provide for the construction of, works for furnishing said city and its inhabitants with water, and to furnish water for public and private use in said city, or cause the same to be furnished, and to take stock in any char- tered company organized under the laws of this State, for the purpose of constructing such works, and fur- nishing water as aforesaid : or for the purpose of mak- ing a road of any kind leading to said city, or for the purpose of building a bridge on any road leading to said city, and to subscribe and take stock in the. Evans- ville, Henderson and Nashville Railroad Company, a corporation created by the Legislature of the Com- CITY OF EVANSVILLE. 95 mon weal tli of Kentucky, or any other company or cor- poration, organized under and by virtue of the laws of said Commonwealth of Kentucky, for the purpose of constructing a railroad from Kasbville, in the State of Tennessee, to a point on the Ohio River, at or near Evansville, Indiana; and to purchase, hold and regu- late the use of lands within or without the limits of the city, for cemeteries, public parks, or grounds for the amusement and recreation of the people, and for water- works, and to lease, sell and convey the same at their discretion ; Provided , That no stock in any such com- pany shall be taken, unless the Common Council be re- quested, in writing, to take the same, by two-thirds of the residents of said city, who own real estate within said city, or unless a majority of the qualified voters of said city attending and voting, who shall have paid a city tax within twelve months next before voting, shall vote in favor of taking such stock, at an election held for the purpose of voting on that subject, exclusively, in pursuance of an order of the Common Council, fix- ing the time and place* or places, of holding such elec- tion, and the manner of conducting the same, and the notice to be given thereof; Provided , further , That in all cases where stock shall be taken, as above provided, the Common Council shall have power to borrow money, issue bonds, and levy and collect taxes in addi- tion to the ordinary revenue, to pay for such stock, or for the interest accruing on such borrowed money, or bonds, or to provide a sinking fund for the payment of such bonds when they shall be due. All taxes so levied shall be ad valorem , and taxes levied to pay for stock subscribed for, in pursuance of the written request of two-thirds of the residents owning real estate only ; but taxes levied to pay for stock subscribed for, in pursu- ance of an election held, as above provided, shall be levied upon all the real and personal estate subject to taxation, in said city, for city purposes, and all such taxes shall be levied and collected with, and as a part 96 CHARTER OF THE Emergen- cy, -Section GlldS or operating their railroad, and may issue and dispose of their bonds for any amount so borrowed for such sums and for such rate of interest as is allowed bv the %j laws of the State where the contract is made, and mortgage their corporate property and franchises to secure any debt contracted by such company. Sec. 7 . The said subscribers $to the stock of such officers to ^0 elected contemplated road shall, as soon as the number named in the first section shall have signed the same, proceed to the election of directors, who shall serve for the term of one year, and the said directors shall elect the following officers, to-wit: President, Vice-President, Secretary and Treasurer, whose term of office shall be for one year and until their successors are elected and qualified. Sec. 8 . There shall be an annual meeting of the stock- Annual ^ meeting holders held at the office of such company, for theandeieo- election of directors to serve for the ensuing year ; not 108 ACTS OF THE Directors may adopt by-laws. Stock transfera- ble. Powers of cities not restricted by this act. Stock- holders in- dividually liable. less than three nor more than seven directors shall be chosen at such meeting of such stockholders, by ballot, and by a majority of the stockholders present in person and by proxy, and every such stockholder being so present, shall be entitled to give one vote for every share of stock owned by him. No person shall be a director unless he shall be a stockholder, owning stock absolutely in his own right, and qualified to vote for directors at the election at which he shall be chosen. Sec. 9. The directors of such company shall have power to make by-laws for the management and dispo- sition of stock, property and business affairs of such company not inconsistent with the laws of this State, and prescribing the duties of officers, artificers and ser- vants that may be employed, and for the appointment of all officers for the carrying on all business within the objects and purposes of such company, and for regulating the running time, fare, &c., of said road or roads. Sec. 10. The stock of such company shall be trans- ferable in the manner prescribed by the by-laws of the company, and shall be considered personal property. Sec. 11. This act may be amended or repealed at the discretion of the Legislature. Sec. 12. Nothing in this act contained shall be so construed as to take away from the common councils of incorporated cities the exclusive powers now exer- cised over the streets, highways, alleys and bridges within the corporate limits of such cities ; and all street railroad companies which may be organized under the provisions of this act shall first obtain the consent of such Common Council to the location, survey and con- struction of any street railroad through or across the public streets of any city before the construction of the same shall be commenced. Sec. 13. The stockholders in such company or cor- poration shall be individually responsible to an amount GENERAL ASSEMBLY. 109 over and above their stock equal to their respective shares of stock, for all debts or liabilities of said com- pany or corporation. AN ACT authorizing street or horse-car railway companies to use State, county or township roads, or other public highways, for their railway track, under certain conditions and regulations. [Approved March 6, 1865.] (See Acts of 1865, page 63.) Section 1. Be it enacted by the General Assembly of the streetraii- ^ ^ . way naay State of Indiana, That any street or horse-car railway be ext end - ' ** ed beyond companv organized under the laws of the State of In- limits of 1 •> © __ __ town or diana, and operating such road within any of the incor- cit y- porated towns and cities of the State, and desiring to extend their road beyond such town or city limits, on any State or county road, or other public highway, may do so after procuring the consent of the Board of County Commissioners of such county. Sec. 2. If such road or highway is graveled or in tase of ° •' ° improved planked, and being tolled by a gravel or plank road per- company, such street or horse-car railway company be granted shall also be required to procure the consent of such gravel or plank road company to run their road over such gravel or plank road, which consent, when given, shall not be revoked by such gravel or plank road company. Sec. 3. Such street or horse-car railway company, operating such road outside of such town or city limits, shall have the same protection, and in its running be governed by the same regulations prescribed for it within such town or city. Sec. 4. Such street or horse-car railway company Track to shall, in all cases in which any road or highway shall in center be used by them for the purposes expressed in this act, locate their track in the center of said road or highway, as near as may be, and shall complete the same within a reasonable time from commencing the same, and in no ACTS OF THE Emergen- cy. Company to con- struct wa- ter works may be formed. all cases they shall leave the road or highway in a 9 good repair as the same was found by them at the com* mencement of the building of the railway. o %j Sec. 5. Whereas, an emergency exists for the imme- diate taking effect of this act, it is therefore declared that it shall take effect and be in force from and after its passage. AN-ACT to allow cities and towns to permit.the location of railroads on the streets and alleys, for the purpose ol conveying coal into and through said cities and towns. [Approved March 6, 1865.] (See Acts of 1865, page 51.) Section 1. Be it enacted by the General Assembly of the . State of Indiana , That the Trustees of any town, or the Common Council of any city, may grant to any person, or corporation, or company, the right and privilege to locate and run a railroad track through said town or city, on the streets or alleys thereof, for the purpose of convening coal into or through said town or city, under .such restrictions and regulations as the Trustees or Common Council may require. Sec. 2. And whereas an emergency exists for the im- mediate taking effect of this act, it shall he in full force from and after its passage. WATER WORKS. AN ACT to authorize the formation of companies for the construction of water works in and for incorporated cities, to enable such cities to sub- scribe stock in such companies, and to issue and sell bonds for the pay- ment thereof. [Approved March 6, 1865.] (See Acts of 1865, page 103.) * Section 1. Be it enacted by the General Assembly of the • State of Indiana , That whenever the City Council of any incorporated city in the State of Indiana shall by resolution declare that it is expedient to have con- GENERAL ASSEMBLY. Ill structed works for the purpose of supplying such city and the inhabitants thereof with water, but that it is inexpedient for such city, under the powers granted in its act of incorporation, to build such works, it shall be lawful for the inhabitants of any such city and others to organize a company for the construction of such water works. Sec. 2. Any number of persons not less than twelve, company desirous of forming a company for such purpose, shall formed, make, sign and acknowledge, before some officer au- thorized to take acknowledgments of deeds, a certificate in writing, which shall state the corporate name adopted by the company, the amount of capital stock, the * term of its existence, not, however, to exceed fifty years, the number of directors, the names of those who shall manage the affairs of the company for. the first year, or until their successors are elected and qualified, and the name of. the city in and for which such works are to be constructed and the basin ess of the company .carried on. Such certificate shall be filed in the office certificate where to of the Recorder of the county in which such city is be filed, situate, ‘ and shall be then placed upon record, and a , duplicate thereof shall be filed in the office of the Secretary of State. Sec. 3. When the certificate shall have been filed as subset - aforesaid, the persons who shall have signed and ac- a body knowledged the same, and their successors, shall be a _ T body politic and corporate, and by their corporate name may take, hold and convey all such real estate as shall ^Ycon- d be necessary to carry on the operations and effect the estate* 1 objects and purposes of said company, and it shall be lawful for such company to enter upon any lands for the purpose of examining and surveying the same, for propriate the site or sites of water works, reservoirs and line 0 f ltUlds * water pipes of such company, and to take and appro- priate so much thereof as may be deemed necessary for the same, and to that end and purpose said company 112 ACTS OF THE shall be entitled to the writ of assessment of damages provided by law. oftUrect- Sec. ^he business of said company shall be man- aged by a board of not less than nine nor more than thirteen directors, who shall .be stockholders therein, and a majority of whom shall be residents of such city, and a majority of the directors chose# shall be a quo- Eiectioaof rum. There shall be an election of directors within officers. ■ one year from the tiling of the articles of association, and annually thereafter, at such time as shall be fixed by the by-laws of such company; three weeks notice thereof shall be given by publication in a newspaper of general circulation in such city ;» the stockholders shall be entitled to vote, either in person or bjr proxy. Sec. 5. The officers of such company shall be a presi- dent, who shall be one of the directors, a secretary and treasurer, and such other officers, agents and servants as the board of directors shall deem necessary for the transaction of the business of the company. Such offi- cers shall be electee! annually by the directors, and shall all be required to give bond, with penalty and surety to the approval of said board of directors, conditioned for the faithful discharge of their respective duties, and shall also take an oath of office. ' Sec. 6 . The amount of the capital stock shall be fixed by the company, but may be increased by a vote of the stockholders at any annual meeting, and such capital ♦ stock be divided into shares of not more than one hun- dred dollars each. cit v m-iy Sec. 7. Any such city may become a stockholder in u tee stock. an y such company, whenever the Common Council shall so direct, by resolution duly entered upon their minutes. Such resolution shall specify the- number of shares to be taken, and shall require the Mayor to carry out the direction by subscribing for the number of shares indicated upon the books of the company y and any railroad company of this State may subscribe GENERAL ASSEMBLY. 113 \ for and own stock in such company, and shall he enti- tled to all the rights and privileges of other stock- holders ; and to provide for the payment of such stock subscription, it shall he lawful for any such city to issue bonds, payable at such times as the Common Council shall direct, and bearing interest at any rate not ex- ceeding seven per centum per annum, and to negotiate the same upon the best terms they can obtain. Sec. 8 . When any such company shall have been or- ganized under the provisions of this act, and after at least one-half of the capital stock authorized by its articles of association shall have been subscribed, it shall be the duty of the Common Council of the city in or for w T hich such company may propose to erect water works, by resolution duly passed and entered upon its minutes, to grant to such company such right to the use of the streets, alleys, wharves, and public grounds of such city as shall be necessary to enable such com- pany to construct the proper works for the supply of water for the use* of such city and its inhabitants : Provided , That the Common Council of such city may in such grant impose such just and reasonable terms, restrictions, and limitations upon such company, in reference to the manner in which such streets, alleys, wharves, and public grounds are to be used, and in reference to the charging and collecting of tells, water- rents, or other compensation for the supply of water to be furnished by such company to such city and its in- habitants, as shall be necessary to guard against the improper use of such streets, alleys, wharves, and pub- lic grounds, and to protect said city and its inhabitants from the imposition of any undue or excessive rates or charges for the supply of -water; but no restriction shall be imposed by said Common Council which will prevent such company realizing upon its capital stock an annual income or dividend of ten per cent., after paying the cost of all the necessary repairs and ex- penses. Oily may take stock. Council to grant the use of streets, &c. to such company. Re- strictions. 15 114 ACTS OF THE my eil )u!- Sec. That f rom and after tlie expiration of twenty- pelify and^ ve y ears f rom the time of the organization of any r?gi?£ r of e such company, the Common Council of the city in or company. f or vvhich such company' may have erected its works shall have the right and privilege of purchasing from sudh company all the buildings, -fixtures, apparatus, and property of such company, with all its corporate rights and privileges, at such price as may be agreed upon be- ' tween the Common Council of such city and the Board of Directors of such company ; and in case of disagree- ment between the parties, the price to be ascertained and determined by' five disinterested persons, non-resi- dents of such city, two of whom to be chosen by said Common Council and two by the Board of Directors of such company, and the fifth by the four so chosen : Provided , That the right of such city to purchase such works shall accrue immediately, if at the end of twelve years from the time of the organization of such com- pany, or at the expiration of any year thereafter, it shall appear that such company has imposed and col- lected such rates or charges for the supply of water as shall have caused the average annual income or divi- dends of such company upon its capital stock to exceed ten per cent., after paying the cost of all necessary re- pairs and expenses, and exclusive of one and a half per cent, per annum, which may he set apart and re- served as a surplus or contingent fund. * water Sec. 10. Such company shall have power and au- fixeci. thority to charge and collect from such city and the inhabitants thereof, and all others, such rates for the water so furnished as shall be fixed by its by-laws, rules, and regulations, subject only to the restrictions imposed by such Common Council as aforesaid. Sec. 11. Such company shall annually, at least ten days before the election of directors, make out a full and complete exhibit of all the operations of the com- pany during the current year, containing a correct ac- count of all the receipts and disbursements thereof? Company to make annual exhibit. GENERAL ASSEMBLY. 115 also showing the amount of capital stock subscribed, the amount of such capital stock actually paid in, the exhibit, amount paid out during the year in the construction \ and repair of the works, the amount paid out in the ordinary expenses -of the company ; classifying the expenditures, and giving the, amount paid out under each classification, as the same appears on the books of the company, the amount collected from such city, and • « the amount collected from individuals for water sup- * plied ; the amount placed to the credit of the reserve fund; the amount of dividends declared, and the * amount of such dividends drawn ; which exhibit shall be verified by the oath of the President and Secretary, and published in some public newspaper 'of general circulation in such city ten days successively before such annual election. Sec. 12. It is hereby declared that an emergency ®“ ergen * exists for the immediate taking effect of this act, and that the same shall take effect and be in force from and after its passage. COMMON SCHOOLS. AN ACT to provide for a general system of common schools, the officers thereof and their respective powers and duties, and matters properly con- nected therewith, and prescribing the fees for certain officers therein named, and for the establishment and regulation of township libraries, and to repeal all laws inconsistent therewith; providing penalties therein prescribed. [Approved March 6 , 1865.] (See Acts of 1865, page 3.) Sec. 4. Each civil township, and each incorporated town or city in the several counties of the "State, is hereby declared a distinct municipal corporation for school purposes, by the name and style of the civil township, town, or city corporation respectively, and by such name may contract and be contracted with, sue and be sued in any Court having competent juris- diction ; and the Trustees of such township, and the Trustees provided for in the next section of thi 3 act, 116 ACTS OF THE shall, for their township, town, or city, ‘be School Trus- tees, and perform the duties of Clerk and Treasurer for school purposes. Sec. 5. The Common Council of each incorporated city and the Board of Trustees of each incorporated town of this State shall, at their first regular meeting in the month of April of the present year, and bien- nially thereafter, elect three School Trustees, who shall, before entering upon the duties of their office, take and subscribe an oath and give bond, similar to the oath and bond required of Township Trustees; and such Trustees shall be allowed such reasonable compensation per diem for their services as to the authorities of such incorporated cities and towns may be deemed just, to be paid out of the special tax raised in such cities or towns. AN ACT to authorize cities and towns to negotiate and sell bonds, to procure means with which to erect and to complete unfinished school buildings • and pay debts contracted for erection of such buildings, and authorizing the levy and collection of an additional special school tax for the payment of principal and interest of such bonds. [Approved March 11, 1867.] when city Section 1. Be it enacted by the General Assembly of the or in cor- . porated State of Indiana , That any city or* incorporated town town may J . issue and j n this State which shall, by the action of its School finish ltl ° r Trustee or Trustees, have commenced, or may hereafter buildings, commence, the erection of any building or buildings for school purposes, or which shall have, by its School Trustee or Trustees, contracted any debts for the erec- tion of any such building or buildings, and such Trus- tee or Trustees shall not have the necessary means with which to complete such building or buildings, or pay such debt, may, on the filing by the School Trustee or Trustees of said city or incorporated town, of a report under oath, with the Common Council of such city or the Board of Trustees of such incorporated town, show- ing the estimated cost of any such building or build- GENERAL ASSEMBLY. 117 ings, or the amount required to complete such building or buildings, or the amount of such, debt, on the pas- sage of an ordinance authorizing the same, by the Common Council of such city or the Board of Trustees of such incorporated town, issue the bonds of such city or town to an amount not exceeding in the aggregate thirty thousand dollars, in denominations not less than one hundred, nor more than one thousand dollars, and payable at any place that may be designated in such bonds, the principal in not less than one year nor more than twenty years after the date of such bonds, and the interest annually or semi-annually, as may be therein provided, to provide the means with which to complete such building or buildings and to pay such debt, and such Common Council or Board of Trustees may, from time to time, negotiate and sell as many of such bonds as may be necessary for such purpose, in any place, and for the best price that can be obtained therefor in cash : Provided , That such bonds shall not be sold at a price less than ninety-four cents on the dollar. The amount of bonds shall not exceed $30,009, of $100 each. How payable. Bonds may be sold for cash, but not less than 94 cents on the dollar. Sec. 2. The proceeds of the sales of such bonds shall be paid to the said School Trustee or Trustees to enable th!boSS f them to erect or complete such building or buildings School and pay such debt; but before payment to them, such Xu School Trustees shall hie with the County Auditor afo^ap- 1 bond payable to the State of Indiana, in a sum not less the™udi£ than the full amount of the said money so to be paid 01 ’ to them, and with security, to be approved by said Auditor, conditioned for the faithful and honest appli- cation of such money to the purpose for which the same was provided ; and such Trustee or Trustees, and their surety or sureties, shall be liable to suit on such bond for any waste, misapplication or loss of such money, in the same manner as now provided for waste or loss of school revenue. Sec. 3. In addition to the levying the tax by cities or incorporated towns for general purposes now author- 118 ACTS OF THE fax°may lze( ^ ^7 l aw > Common Council of any such cities, and e cot? an d Board of Trustees of any such incorporated towns, painter- as shall avail themselves of the provisions of this act, iH-iucipai a^e hereby authorized and required to levy, annually, a felling special additional tax, at the same time and in the same manner as other taxes of such city or towmare levied, sufficient- to pay the interest and principal of said bonds falling due, which additional special tax. shall be col- lected as other taxes of such city or town are collected ; special an( f Bi e Treasurer of such city or town^shall.keep accu- conlcted7 ra, t e accou nts of the revenue arising from such special o?freas- es f ax 5 and shall, in his reports, and when required by the iaSonto 6 " city or town authorities, show the amount thereof re- the same. ce i ve( ^ the am ount disbursed, and^the amount thereof, if any, remaining delinquent; he shall pay out the same, only by the authority of the Common Council of such city or Board of Trustees of such town, and shall per- mit the same to be applied to no pther purpose than the payment of the principal and interest^ of such bonds ; and official bonds of City and Town Treasurers shall be construed to cover and include revenue arising from this sourcfe : Provided, always , That the additional special tax hereby authorized shall not, in any one year exceed fiftv cents on each one hundred dollars of taxa- «/ ble property, and one dollar on each poll. Sec. 4. The advancement of the cause of' education requiring that this act' shall take immediate effect, therefore, an emergency exists, and? this act shall take effect and be in force from and after its passage. Amount of special -tax shal not ex- ceed, < 1. Assessable value of stock 2. Money on hand or on deposit 3. Money at interest 4. Solvent demands against others (over and above indebtedness 5. Value ot all stocks and bonds issued by bodies cor- porate, by States, or by the United States, except such as are exempt by Act of Congress 6. Value of wagons, coaches, hacks, carriages, carts, drays, and other vehicles : 7. Value of clocks, watches, and other timepieces 8. Number and value of horses, mules, and cattle 9. Value of ships, steamboats, canal-boats, and flat- boats 10. Value of all other property not above specified 11. The number of dogs owned, possessed, or harbored within the last twelve months Total Dollars. Cts. Signed and dated this day' of 186—. 124 GENERAL ORDINANCES State of Indiana, Vanderburgh County, 1 1 ■ ' City of Evansville, / * 1 2 3 4 5 6 7 8 9 10 11 ’ , one of the members of the tirm of , being sworn, says, that to the best of his knowledge, recollection, and belief, the above is a true and correct estimate of the true cash value of all the personal prop- erty and effects appertaining to the business of mer- chandizing held, owned, possessed, or controlled by the said at the times therein mentioned, and that the said sum of $ is the correct average value of said property and effects for the time therein stated, as nearly as the same can be ascertained. . Signed and sworn to before me, the City Assessor, this day of , 186 — . , Assessor. And the statement or schedule to be made out and return- ed by manufacturers shall be inthe following form, viz : A Statement of Personal Property appertaining to Manufacturing , taxable for City Purposes, held, owned , possessed, or controlled by . NT. B.— Nothing is to be placed in this statement except personal property, and effects appertaining to -manufacturing, and property, credits, and assets belonging to the manufacturing establishment or business of the person or tirm making the statement. ASSESSABLE PROPERTY. VALUE OF SUCH PROPERTY HELD, OWED POSSESSED, OR. CONTROLLED During the month ending April 30, 186— May 31, 186— June 30, 186— July 31, 186— August 31, 186— September 30, 186— October 31, 186— November 30, 186— December 31, 186— January 31, 186 — February 28, 186— March 31, 186— Divide by the number of months. © o3 03 4) A SC a "5 • 35 ~ j s © V +3 1. Assessable value of stock .. 2. Money on hand or on deposit 3. Money at interest 4. Solvent demands against others (over and above indebtedness 5. Value of all stocks and bonds issued by bodies cor- porate, by States, or by the United States, except such as are exempt by Act of Congress 6. Value of wagons, coaches, hacks, carriages, carts, drays, and other vehicles 7. Value of clocks watches, and other timepieces 8. Number and value of horses, mules, and cattle 9. Value of ships, steamboats, canal-boats, and flat- boats 10. Value of all other property not above specified... 11. The number of dogs owned, possessed, or harbored within the last twelve months Total. f 186—. Signed and dated this day of CITY OF EVANSVILLE. 125 State of Indiana, Vanderburg County, \ City of Evansville, , / , one of the members of the firm of , be- ing sworn, says, that to the best of his knowledge, rec- ollection, and belief, the above is a true and correct estimate of the true cash value of all the personal prop- erty and effects appertaining to the business of manu- facturing held, owned, possessed, or controlled by the said at the times therein mentioned, and that the said sum of $ i3 the correct average value of said property and effects for the time therein stated, as nearly as the same can be ascertained. Signed and sworn to before me, the City Assessor, this day of , 186 — . = , Assessor. And the statement to be made out and returned by all persons other than merchants and manufacturers shall be in the following form, viz. : A Statement of — , Personal Property , taxable for City Purposes by the Common Council of the City of Evans- ville , and held , owned , possessed , or controlled by him at the date thereof . ASSESSABLE PROPERTY. 1. Money on hand or on deposit 2. Money at interest 3. Solvent demands against others (over and above indebt- edness 4. Value of all stocks and bonds issued by bodies corporate, by States, or by the United States, except such as are exempt by Act of Congress .. 5. Value of wagons, coaches, hacks, carriages, carts, drays, and other vehicles 6. Value of clocks, watches, and other timepieces 7. Value of musical instruments 8. Value of household furniture 9. Number and value of horses, mules and cattle 10. Value of all ships, steamboats, canal-boats, and flat-boats 11. Value of all personal property, money, and solvent de- mands (deducting indebtedness), held as executor, administrator, guardian, factor, consignee, trustee, or agent 12. Value of all other personal property not above specified 13. The number of dogs owned, possessed, or harbored with- in the last twelve months Total amount, 'Dollars. Cts. Signed and dated this day of , 186—. 126 GENERAL ORDINANCES State of Indiana, Vanderburgh, County, ] ss City of Evansville, j , being sworn, says, that to the best of his knowledge, recollection, and belief, the above contains a true, full, and fair list, with the true cash value thereof, of the several items of personal property and effects . therein named, and now owned, possessed, or controlled by him. . Signed and sworn to before me, the City Assessor, this day of , 186 — . , Assessor. Sec. 2. That all ordinances and parts of ordinances in conflict with the provisions of this ordinance be, and the same are hereby, repealed. W. BAKER, Mayor. Attest : A. M. McGriff, Clerk, f ' AN ORDINANCE to regulate auctions and auctioneers, and to repeal all ordinances heretofore passed and now in force in relation thereto. [Passed July 26, 1859.] [Published and in force July 29, 1859.] 1. Auctioneers must procure license. 2. Auctioneers classified. 3. Time when license must expire. 4. Class, &c. , must be stated in license. 5. How application for license to be made. 6. License how granted. 7. Price of license. 8. License how issued ; bond, &c. 9. Action on bond. 10. Auction-room, and books to be kept. 11. License not transferable. 12. Effect and scope of license. 13. Certain sales prohibited without license ; penalty. 14. License required in certain cases ; penalty. 15. Effect of license of Class 2. 16 and 17. Penalty. 18. Sidewalks must not be obstructed ; penalty. 19. License when not required. 20. Repeal of former ordinances. Section 1. Be it ordained by the Common Council of the City of Evansville , That it shall be unlawful for auy per- son to sell any property, real or personal, or any article or commodity whatever, at public auction or outcry within the city of Evansville, without first obtaining a license so to do according to the requirements of this • ordinance. GENERAL ORDINANCES 127 Sec. 2. All auction licenses issued by the city are hereby divided into three classes, to be known and des- ignated as “Class No. 1,” “Class No. 2,” and Class No. 3.” Class No, 1 shall consist of such auctioneers as are or shall be provided with a house or room or rooms in which to store and keep goods, wares, merchandise, and ‘ other personal property entrusted to them to sell. Class No. 2 shall consist of the following persons, to-wit : First . Merchants and shopkeepers who may desire to sell at public auction their stock in trade, or any part thereof, at or in some other house or place within the city than the house or room named in the license of some licensed auctioneer of Class No. 1; Second. All persons who shall bring or cause to be brought to the city, for sale, any merchandise, furniture, or article or articles of property suitable to be entrusted to an auc- tioneer of Class No. 1, a^id suitable to be stored in his auction-house or auction-room, and who shall desire to sell such merchandise, furniture, or article or articles of property at auction, at or in some house or place other than the house or room named in the license of an auc- tioneer of Class No. 1. Class No. 3 shall consist of such auctioneers as are not embraced in either of the foregoing classes, and who are employed by the day or job to sell household furniture and other property real or personal. , Sec. 3. No license granted under this ordinance shall run longer than the first day of August next succeeding the issuing thereof. Sec. 4. Every license issued under this ordinance shall designate the class to which the person licensed belongs ; and if the person licensed belongs to class No. 1, the license shall also state the house or rooms in which his business is to -be carried on; if the person licensed be- longs to Class No. 2, it shall not only state the house or place where the auction-sales are to be made, but shall also designate the merchandise, stock, or property to be sold. 128 , GENERAL ORDINANCES VA - 1 # Sec. 5. Any person wishing to become an auctioneer, „ or wishing to take out a license under this ordinance, - shall make his application in writing to the Common * Council, stating the class to which lie desires to belong, " and the length of time for which he wishes a license, * and if he desires to belong to Class Ncr. 1, stating also the house or room or rooms in which his business is to * be carried on, and the surety or sureties^he proposes to* , give on his bond ; if said applicant desifes to belong 'to- Class No. 2, he shall state in his application not only the house, room, or place at or in which he proposes to sell, but shall also designate the stock or property pro-**'' posed to be sold. Sec. 6. If the Council are satisfied that the applicant is a suitable person to be licensed, and that the sureties (in a case where a bond and security is required) pro- posed are go<3d, said Council may, in its discretion, order that a license*be issued to him upon his complying with* * the requirements of this^ ordinance, specifying in sucji order the time such license shall run, the class to.whiph the applicant shall belong; and if Iqe shall bel‘ong*to * Class No. 1, the order shall also state the house or room or rooms in which the business is to be carried on, and if sucli applicant shall belong to Class No. 2, such order shall state the house or room or rooms where the sales are to be made, and shall designate the goods or prop- erty to be sold, and shall also specify the price to be paid for the license. Sec. 7. The price of a license of Class No. 1 shall be fifty dollars for one year, and thirty-five dollars for six months, qr for any shorter period; the price of a license of Class No. 3 shall be thirty dollars for one year, and twenty dollars for six months, or for any shorter period ;• the price of all licenses of Class No. 2 shall be fixed by the Council in the order grafting the application. , . Sec. 8. Before any license shall be issued under the provisions of this- ordinance, the applicant shall pay to 4 CITY OF EVANSVILLE. t 129 ft . * • -t the.- city treasurer the price of such license, and shall file * .the treasurer’s .receipt with the clerk of the city, who ■ v shall charge the treasurer therewith, and if said appli- cant -belongs to Class No. 1, he shall also file with the clerk his bond in the penal sum of not less than five thousand dollars, with security to the acceptance of the Council, conditioned that he will faithfully discharge his ‘.duties as such auctioneer, conform to the ordinances of. the city enacted or to be enacted in relation to auctions and auctioneers, and pay over and deliver all moneys .^and property on demand which shall have come to his ihands as such auctioneer to the person or persons enti- tied to receive the same ; and upon complying with these requirements, a license shall be issued reciting the order # . of the Council and the compliance of the applicant with . its requirements, which license shall be sjgned by the Mayor, attested by the Clerk, and sealed*with the cor- • . porate seal of the city. * • , . Sec. 9. If any auctioneer or Class.No. 1 shall violate . -tbe-condition of his bond, he shall be liable to an action on "such bond, and where such violation shall'be to the injury of ‘any person or persons other than the city, the ; party injured may prosecute an action in the name of the city for his use ; but before such action shall be com- • . menced, an undertaking shall be filed with the Clerk with security to the acceptance of the Mayor, condi- tioned that the party for whose use the action is to be brought shall protect and indemnify the city from all costs which may accrue in such action. S^c.'lO. Every auctioneer belonging to Class No. 1* aforesaid, shall provide a convenient room or house in, which all goods, wares, merchandise, and other personal ' property entrusted to him for sale, (except live stock, wheeled vehicles and such -other articles as may be un- . suitable to be stored in suck house,) shall be kept, and /' such auctioneer shall also keep a book in which'shall be entered, as soon as practicable after the receipt of any 17 130 GENERAL ORDINANCES goods, commodity or property, a schedule thereof, with the name of the owner or consigner, and the date of the receipt thereof, and when such goods, commodity or property is sold, an accurate account of sales shall be entered in said book, or in some other book to be kept for that purpose ; and said book or books, when re- quired, shall be submitted to the inspection of the Council or to any committee appointed for that purpose by the Council. Sec. 11. No license granted under the provisions of this ordinance shall be transferable, nor shall any person other than the auctioneer named in the license be per- mitted to use such license, nor shall any license protect any person in the exercise of the functions of an auc- tioneer of either of said classes, or from incurring the penalties prescribed by this ordinance, except the person named therein to whom it was issued. Sec. 12. When a license of Class No. 1 shall be issued to one person, such license shall authorize the person licensed to exercise all the functions of an auctioneer of Class No. 3, as well as the functions of Class No. 1, but when a license of Class No. 1 is issued to a firm, it shall authorize any and all the partners of the firm to exer- cise the functions of an auctioneer at or in the house, room or rooms named in the license as the place of busi- ness of said firm, but not elsewhere. In such case, how- ever, there shall, at the request of said firm, be issued to any one member of said firm an additional license of Class No. 3, without the payment into the city treasury of any additional price therefor, and such license shall protect the person named therein, but no other person? in exercising the functions of an auctioneer at anj place within the city. Sec. 13. It shall not be lawful for any merchant or shop-keeper, either by himself or by a licensed auctioneer, to sell out his stock in trade or any part thereof at public auction at or in any other house or place within the CITY OF EVANSVILLE. 131 city than the house or room named in the license of some licensed auctioneer of Class No. 1, without first procuring a license of Class No. 2, and any person who shall violate the provisions of this section shall forfeit and pay any sum not less than ten dollars nor more than fifty dollars. Sec. 14. Whenever any stock of merchandise, furni- ture, or article of property suitable to be entrusted to an auctioneer of Class No. 1, and suitable to be stored in his auction house or auction room, shall be brought to the city for sale, it shall not be lawful for any licensed auctioneer or other person to sell such merchandise, furniture, or article of property at public auction at or in any other house or place within the city than the house or room named in the license of some licensed auctioneer of Class No. 1, without first procuring a license of Class No. 2, and any person who shall violate the provisions of this section shall forfeit and pay any sum not less than twenty-five dollars nor more than fifty dollars. Sec. 15. A license of Class No. 2 shall not authorize the sale at auction of any stock in trade, furniture or property except such as may be designated or indicated in the license. Sec. 16. Every person who shall violate the first sec- tion of this ordinance shall for every such offence, forfeit and pay any sum not less than twenty dollars nor more than fifty dollars, and upon conviction ©f a second or any subsequent violation of said section by the same person, said penalty may be increased to any sum not less than fifty dollars. Sec. 17. Any auctioneer of Class No. 1, who shall violate any condition of his bond, shall forfeit and pay any sum not less than one dollar nor more than twenty- five dollars. Sec. 18. No auctioneer licensed under this ordinance shall obstruct, or suffer or permit any person or persons 132 GENERAL ORDINANCS attending upon any auction held by him to obstruct, more than five feet in width of the side walk in front of or adjacent to the place where such auction may be held, and any auctioneer who shall violate the provis- ions .of this section shall forfeit and pay any sum not less than fifty cents nor more than five dollars, and all licensed auctioneers are hereby authorized and empow- ered to command and require all persons attending such auctions to observe the requirements of this section, and if any person shall refuse to observe the directions which may be so given by any such auctioneer, the per- son so refusing shall, by such refusal, himself incur the penalty prescribed by this section. Sec. 19. Nothing contained in this ordinance shall prevent any sheriff, constable, marshal or other officer from selling, by himself or deputy, at public auction, any property, real or personal, under judicial process; nor shall anything herein contained prevent any execu- tor, administrator, guardian, or commissioner from selling property at auction which his official duty may require to be thus sold; but no person shall act as auc- tioneer at any auction sale contemplated by this section, except such sheriff, constable, marshal or other officer or his regularly appointed deputy, or such executor, ad- ministrator, guardian or commissioner, or some licensed auctioneer employed by the officer or person making the sale. Sec. 20. All ordinances in relation to auctions and auctioneers heretofore passed and now in force are hereby repealed, but this repeal shall not invalidate any license issued or bond given under such ordinances, and all offences heretofore committed: against such ordinances may be punished as if this ordinance had not been passed. WILLIAM BAKER, Mayor. Attest: P. Burke, Clerk. CITY OF EVANSVILLE. 133 AN ORDINANCE to amend an ordinance passed July 26, 1859, entitled “An Oi'dinance to regulate auctions and auctioneers, and to repeal all ordinances heretofore passed and now in force in relation thereto.” • [Passed December 17, 1859.] [Published and in force December 20, 1859.] 1. Who maybe licensed as Auctioneers of Class No. 2. 2. Monthly reports and payments to be made by Auctioneer of Class No. 1. 3. Auctioneer of Class No. 1 may employ deputy. 4. 5. Penalty. * Section 1. Be it ordained by the Common Council of the City of Evansville , That hereafter no license shall be granted to any person as an auctioneer of Class No. 2, unless such person be a resident of the city of Evansville. Sec. 2. That hereafter all goods, merchandise or other property which may be brought to the city of Evans- ville by any person other than a citizen of said city, and sold at auction by any auctioneer of Class No. 1, shall be subject to a license of one per centum upon the amount of such goods, merchandise or other property sold at auction, which license shall be paid by the auctioneer of Class No. 1, selling the same ; and alb auctioneers of Class No. 1 shall, on or before the second Saturday in each month, deliver to the city Clerk a statement veri- fied by the oath of such auctioneer, showing whether any, and if any, what amount of goods, merchandise or other property was sold by him during the preceding month for or on account of persons other than citizens of said city; and such auctioneer shall at the same time deliver to said clerk the receipt of the city treas- urer for the amount of the license due on the same. Sec. 3. That hereafter, any auctioneer of Class No. 1 may allow the owner of any goods, merchandise or other property to sell the same at auction in the auction house or auction room of such auctioneer of Class No. 1, at any time when such auctioneer of Class No. 1 may not himself be acting as auctioneer, either in such house or room, or elsewhere in the city. Sec. 4. If any auctioneer of Class No. 1 shall neglect 134 GENERAL ORDINANCES to make and deliver to the city Clerk the verified state- ment required by section second of this ordinance, or if he shall neglect to procure and deliver the Treasurer’s receipt as required by said section, he shall forfeit and pay any sum *not exceeding one hundred' dollars. Sec. 5. If any auctioneer of Class No. 1 shall sell any property at auction, either in his own auction rooms or elsewhere in the city at the time when he Fs perpiitting the owner of any property to sell the same at auction in his auction house or auction rooms, such auctioneer shall for every such offence forfeit and' pay any sum not exceeding one hundred dollars. • ~ \ WILLIAM BAKER, Mayor, Attest: P. Burke, Clerk. AN ORDINANCE concerning the duties of Clerk and Collector. [Passed March 9, 1850.] * • * 1. Duplicate of Collector’s return to Treasurer to be delivered to the Clerk and by him recorded. . • Transfers of certificates of purchase to be reported to Clerk, and by him Entered. Section 1. Be it ordained, by the Common Council of *the City of Evansville , That hereafter it shall be the duty of the Collector to return to the City Clerk, on or before , the second Monday in November in each year, a dupli- cate of the statement of lots and parts of lots sold, by him for taxes, required by the fifty-second section of the city charter to be Returned by him to the City Treasurer ; and that thereupon it^shall be the duty of the City Qlerk to enter and record said statement or return in a proper book to be kept and preserved for ’that. purpose ; and no transfer or assignment of any certificate. of purchase of real property sold for taxes shall be^ valid, so as to entitle the holder thereof to a deed, unless said transfer or assignment, or an abstract thereof, shall within thirty days after the making of such transfer be furnished said CITY OP EVANSVILLE. 135 Glerk, whose duty it shall he to enter the same in said book, so that he may at all times he able to inform the owners of property so sold who may be the holders of certificates thereof. * JAMES G. JOKES, Mayor. Attest: John J. Chandler, Clerk. AN ORDINANCE in relation to tlie collection of the taxes of the city of^ Evansville. - , . [Passed May 3 , 1862 .] (Published and in force May 7, 1862.) 1. Abatement of taxes— three per cent, on all taxes paid in full within first period- of thirty days. One and onerhalf per cent, on all taxes paid in full within second period of thirty days. Section 1 . Be it ordained by the Common Council of the City of ^Evansville, That any person or persons who may hereafter be charged or assessed with city taxes, and who shall, by themselves, their agents or attorneys, caure said taxes to be fully paid within thirty days from ■ the time when the duplicate of said taxes shall have b^n placed in the hands of the Collector, shall be en- titled to a deduction *of three per cent, of the amount of si^ch tax ; and all persons who shall in like manner ‘ cause their taxes to be paid after the expiration of said - thirty days,, and within sixty days from the time of the delivery of the duplicate to said Collector, shall be en- titled to a deduction of one and a h$lf per cent, of the amount of. said taxes: Provided ,^ That nothing herein contained shall be so construed as fo prevent the Col- lector from proceeding, previous to the expiration of said sixty days, to collect any such tax, by advertise- ment and sstle of -property, agreeably to the charter and ordinances of' said city. W. BAKER, Mayor. Attest : P. Burke, Clerk. . 1 - 136 GENERAL ORDINANCES AN ORDINANCE in relation to Collector's sales. [Passed October 25, 1862.] # [Published and in force October 29, 1862.] 1. Purchaser at tax sale to make payment immediately after sale. * On failure of payment, property to be sold on next succeeding day. 2. Collector to give receipt to purchaser. % Section 1. Be it ordained by tine Common Council of the City of Evansville , That .at all sales of property which may hereafter be made by the Collector for the payment of delinquent taxes or other charges or assessments, the terms or conditions of such sale shall require that all purchasers at such sale shall pay the amount of their * respective purchases at or immediately after the com- pletion of the sale ; and all property sold and not paid for agreeably to said terms and conditions shall be again offered for sale on the next day thereafter, at two o’clock p. m., at the door of the court-house in said city, to which time and place such sale shall be adjourned ; and 4 ail advertisements of Collectors’ sales shall contain a clause giving notice of such adjournment. Sec. 2. The Collector shall give to the several pur- chasers receipts for the sums paid by them respectively,- which receipts shall be returned to the Collector upon the completion and delivery of the certificates of pur- chase. WILLIAM BAKER, Mayor. Attest: P. Burke, Clerk. AN ORDINANCE in relation to the duties of the Clerk of the city of Ev- ansville. . . [Passed March 15, 1851.] - * 1. City Clerk to make annual report. Section 1. Be it ordained by the Common Council of the City of Evansville , That it shall be the duty of the City Clerk, annually hereafter, on or before the second Sat- urday in April next, after the annual election of Qoun- eilmen, to prepare and report to the Counciba full and CITY OF EVANSVILLE. 137 complete statement of the receipts and expenditures of the city for the year ending on the first Monday of April preceding said report. JAMES G. JOKES, Mayor. •Attest : John J. Chandler, Clerk, • AN ORDINANCE prescribing the time in which, and the time when the tax duplicate shall be issued, and the duties of the Collector and Clerk as to the same, and the fees of the Clerk ; and also prescribing the time and manner of» reports of the Collector and Clerk, and repealing former ordi- nances. , , [Passed September 5, 1870.] 1. Clerk shall make out duplicate by first Monday in November, and man- ner in which same shall be made out. 2. Clerk’s duty in making out and altering the duplicate. 3. As to property burned without insurance. 4. The city, school, railroad, poll, water-works and other taxes to be esti- . mated separately, and the manner of charging the same on the duplicate. 5. Copy of ‘duplicate to be delivered to the* Collectoi by the first Monday of November, or as Council order. 6. Clerk to certify to the Council a statement of all property listed in the city, and the valuation of the same, &c. , 7. Clerk to correct errors In the duplicate ; and the method and record of the same, 8. Collector to make no alterations in the duplicate. 9. Duties of the.Collector under this ordinance. 10. Collector to make a return on the Tuesday following the first Monday of March, lli Clerk fees. 12. Repeal of ordinances in conflict. Section 1. Beit ordained by the Common Council of the oity of Evansville , That it shall be the duty of the Clerk on or before the first Monday of November in each ye'ar to make out a duplicate list of taxes assessed in said city of Evansville, and in so doing he shall enter in separate columns all lands, lots, parts of lots, and blocks, with the names of the owners in alphabetical order, the value of lands, lots or blocks without im- provements,, and opposite to this the value of improve- ments,, and opposite to this the value of lots and lands with improvements, next all personal property liable to taxation, together with the tax on polls, and lastly he shall number each name in regular progression. 138 GENERAL ORDINANCES Sec. 2. The Clerk, in making out such duplicate* * • shall be careful to enter upon the same all the lands- and lots returned by the Real Estate Assessor of said *: city, and also all such lands and lots as may be found omitted by such Assessor, with such valuation as shall be fixed thereto by the Assessor, and he shall enter the personal property omitted according to the previous Assessor, giving a correct description of all the property ^ thus entered on his duplicate, and shall also carry into effect all alterations which shall be made in the Asses- « sors list by the City Board of Equalization, as, also, all deductions and erroneous assessments ordered *by the * Common Council. ‘ . Sec. 3. When any building or personal property (not insured) shall be consumed by fire or otherwise de- stroyed, the Clerk, on being satisfied thereof by suffi- cient proof (affidavit of parties interested) shall strike the same from his duplicate* or deduct the proper, val- ^ uation from such property with which f^e same may be charged on the duplicate; in all su£ cents per 100 Each certificate and seal 50 cents. Each assessment 25 cents. Each quietus and registering receipt 1 10 cents CITY OF EVANSVILLE. 141 And no other, fees shall be allowed the Clerk or Col- lector for any official services as prescribed in this ordi- nance. Sec. 12. All ordinances in conflict with any provi- sions of the foregoing sections be and the same are hereby repealed. E. G. VAN RIPER, Mayor, ad interim . Attest: .William Helder, Clerk. AN ORDINANCE in relation to Fire Escape Ladders. [Passed November 28, 1870.) 1. Provision for protection of Fire Escape Ladders. 2. Penalty for violation of provisions of this ordinance. Section 1. Be it ordained by the Common Council of the City of Evansville , That in all cases where any person, ^ * firm or joint stock company may erect a permanent fire escape ladder or ladders within said city, as a pre- cautionary measure against fires and accidents resulting therefrom, such fire escape ladder or ladders shall, in case of fire upon the premises upon which they are ereeted, or in the immediate vicinity thereof, be for the sole use and convenience of the fire department of said city, but in all other cases, and at all other times, it shall be unlawful for any person or persons to ascend or attempt to ascend such fire escape ladder or ladders, or deface, injure or interfere with the same, without the knowledge and express consent of the owner or owners thereof. Sec. 2. Any person violating any of the provisions of this ordinance shall, on conviction, forfeit and pay not less than five nor more than ten dollars for everv such offense. WILLIAM BAKER, Mayor. Attest: William Helder, Clerk. 142 GENERAL ORDINANCES AN ORDINANCE In relatloi^to nine-pin and ten-pin alleys, and billiard / and bagatelle tables. [Passed July 23, 1859.] (Published and in force July 25, 1859.) 1. Billiard tables and bowling alleys not to be kept without license. 2. Price of license. • 8. License how issued ; bon$ to be given. 4. Two tracks under same roof require separate licenses. 5. Saloon or Upwling alley to be closed on Sundays. 6. License to be procured for each table. 7. Boys not to be allowed to frequent. 8. Penalty. 9. Kinds of tables include d. . . v ■ 10. Repeal. ^ % Section 1. Be it ordained by the Common Council of the City of Evansville , That hereafter it shall not Jie lawful for the owner, keeper, occupier, or j^ssessoj* * of any nine or ten-pin or howling alley, or of. any billiard or baga- telle table, within said city, to suffer or^allow the- same to be used for hire or reward of any description or kind- whatever, until a license so to use such alley or table shall have been obtained according to the provisions of this ordinance. ' ’ . Sec. 2. The price of a license to keep or .use auy such, nine or ten-pin or bowling allejr shall be £fty dollars for one year or any shorter period,* and the price of a license to keep or use any such billiard or bagatelle table shall be fifty dollars for one year or a’ny shorter period ; and no license shall be granted under this ordinance for any period less than the time intervening penalty. 18. Two wharf-masters to be appointed. Wharf-masters to be sworn and give bond. Duties of wharf-masters. Shall have powers of policemen. 14. Duties of wharf-masters, continued. 15. Wharf- masters may be removed. 16. Penalty for injuring wharf. 17. Provisions of tbis ordinance extended to Lamasco Wharf. 18. Where barges. And for each additional twenty-four hours, or fractional part thereof, one half of above charges. Sec. 2. So much of section 4 of the ordinance passed July 28, 1864, as is in conflict with this ordinance, is hereby repealed. WILLIAM H. WALKER, Mayor. Attest: William Helder, Clerk. AN ORDINANCE amending section 11 of an ordinance entitled “ An Ordi- nance concerning the wharves of the city of Evansville,” and repealing former ordinances. [Passed June 20, 1870.] 1. In relation to that portion of the Wharf set aside for coal boats, and the wharfage of such boats. 2. Repealing ordinances in conflict with this. Section 1. Be it ordained by the Common Council of the City of Evansville , That a certain portion of the City Wharf be set aside, under the direction of the Wharf Committee of the Council, for the use of, and laying up of coal boats, and that the sum to be charged on same for use of the Wharf as above, will be three ($3 00) dol- lars per lineal foot per annum, when engaged by the year, otherwise, one dollar and fifty cents ($1 50) for each and every day occupied by said class of boats ; and in case any coal dealer should fail to provide him- 198 GENERAL ORDINANCES self with a space on the City Wharf as above, there shall be collected from each and every coal boat landed at the Wharf or on the outside of any steamboat or wharf-boat, the sum of one dollar for every time landed. Sec. 2. Any ordinance conflicting with this be and is hereby repealed. WILLIAM H. WALKER, Mayor. Attest : William Helder, Clerk. AN ORDINANCE to provide for lighting the City of Evansville with gas. [Passed June 4, 1852.] (Published and in force June 15, 1852 ) 1. Exclusive privilege granted to Jeffrey & Co. Pipes not to interfere with grade or drainage . 2. Notice of intention to break ground to be given to Council. {Streets not to be unnecessarily obstructed. Grantees to repave and repair streets. 3T Quality and quantity of gas to be furnished. 4. City to pay half price for gas. ' 5. Lamps, posts, &c. , to be furnished at expense of city. 6. Quality and quantity of gas to be furnished for private use. Maximum price thereof. 7. Gas how measured. 8. How city may extend gas pipes. 9. Conditions annexed to grant of privileges. 10. Gas works not to become a nuisance. 11. After thirty years, city may purchase gas works. 12. Ordinance when in force. 13. First section how to be construed . Section 1. Be it ordained by the Common Council of the City of Evansville , That from and after the passage of this ordinance, there is and shall be granted and secured to John Jeffrey & Co., of Cincinnati, Ohio, and asso- ciates, their successors and assigns, the exclusive priv- ilege of laying pipes for conducting gas under all the streets, lanes, alleys and public grounds and thorough- fares, which are now or may hereafter be in the city of Evansville, for the period of fifty years from the first day of June, A. D. 1852 : Provided , That the said pipes shall be so laid as not to interfere with the drainage or sewerage of said city, or with the grade or form of the streets, alleys, lanes, public grounds or thoroughfares- CITY OF EVANSVILLE. 199 aforesaid, as the same may be from time to time fixed, ordered or established bv the said Common Council, or other competent authority. Sec. 2. That whenever the said John Jeffrey & Co., and associates, their successors and assigns, shall desire to open or break up the surface of any such street, lane, alley, public ground or thoroughfare, for the purpose of laying down gas pipes, they shall give notice thereof to the Common Council aforesaid, three days previous to the commencement of the work, and they shall not, during the progress of the work, unnecessarily or un- reasonably obstruct the passage of persons, or drays* carts or other vehicles to or along any such street, lane, al- ley or thoroughfare or public ground; and they shall pro- ceed, with all reasonable diligence, to lay the said pipes where the surface is so opened or broken up; and with- in a reasonable time, not exceeding twenty days after the pipes are laid, repave and repair the streets, lanes, alleys, public grounds and thoroughfares opened or bro- ken up as aforesaid, in such manner as shall be ap- proved by said Common Council or other competent authority. Sec. 3. That the said John Jeffrey & Co., and asso- ciates, their successors and assigns, shall from time to time, and at all times, furnish to the city of Evansville, for the public use and benefit, such quantities of gas of the most approved quality for lighting cities, upon the several streets, lanes, alleys and thoroughfares, in which gas pipes shall be laid, and upon the public grounds and in public buildings adjacent thereto, as may be from time to time required by the Common Council afore- said, or other competent authority. Sec. 4. For the gas furnished and consumed for the public benefit, as provided for in the last preceding sec- tion, the city of Evansville will pay to the said John Jeffrey & Co., and associates, their successors and as- signs, one-half the price per cubic foot at which gas 200 GENERAL ORDINANCES shall be furnished by them to citizens of Evansville for private consumption, as hereinafter provided. Sec. 5. All public lamps and lamp-posts, and fittings and fixtures belonging thereto, will be provided and erected at the expense of the city of Evansville, and the necessary service pipes leading to and connecting therewith, shall be supplied by and at the expense of the said John Jeffrey & Go., and associates, their sue- cessors and assigns. Sec. 6 .' The said John Jeffrey & Co., and associates, their successors and assigns, shall at all times supply the inhabitants of the city of Evansville for private use, in the most approved manner, with a sufficient quantity of , gas of the most approved quality, at as low a price per cubic foot of gas consumed as the same quality of gas shall be furnished for the same purpose to the in- habitants of any city or town in Ohio, Kentucky or In- diana, of equal or greater population than the city of Evansville, similarly situated: Provided, That the price to be charged to the inhabitants of the city of Evans, ville for gas so provided, shall in no case exceed three dollars per thousand cubic feet of gas consumed : And provided, also, That the said John Jeffrey & Co., and as- sociates, their successors and assigns, shall not be re- quired to provide gas as aforesaid for private consump- tion to persons whose premises are not within a reason- able distance of a supply pipe already laid, nor to any person who will not pay for gas monthly in advance, if required:, por shall they be required, after laying the three miles of pipe hereinafter provided for, to extend the supply pipe, unless the demand for gas to be sup- plied thereby shall afford a reasonable prospect of fair remuneration. Sec. 7. The amount of gas consumed shall be ascer- tained by metre measurement in the usual way. Sec. 8. If the Common Council should at any time wish to light with gas anv street, public building or CITY OF EVANSVILLE/ 201 other place not adjacent to or within a reasonable dis- tance of any pipe at the time already laid, and where the said John Jeffrey & Co., and associates, their suc- cessors and assigns, would not be required to lay pipe according to the true intent and meaning of this ordi- nance, and the said John Jeffrey & Co., and associates, their successors and assigns, should refuse to lay and supply the necessary pipes for that purpose, then the City Council shall have the privilege of extending the gas-pipes and erecting such number of public gas-lamps for the purpose aforesaid as they shall deem proper, and the said public lamps shall be furnished with gas on the same terms as .the other public gas-lamps of the city, and the main gas-pipes laid down at the expense of the city, shall not directly or indirectly be used for furnish- ing gas except far public city uses, nor shall other gas- pipes be laid down within the same portions of said streets, lanes, alleys or other public grounds by said John Jeffrey & Co., and associates, their successors and assigns, until the whole amount expended by the City Council in laying gas-pipes, be refunded to the City Council, when the said pipes shall become the property of said Jeffrey & Co., and associates, their successors and assigns. Sec. 9. That the privileges granted by this ordinance to said Jeffrey & Co., and associates, their successors and assigns, are upon this condition, that they shall, on or before the first of January, 1854, have completed the requisite apparatus for manufacturing gas, and shall have laid in connection therewith three miles of main pipe in the streets of Evansville, and shall further lay from time to time additional main pipe each succeed- ing year thereafter in all - the streets .and alleys, when- ever the same shall be required- as above provided. Sec. 10. ‘That the work and operations of said gas ’ works shall be so constructed and arranged that there 20 * 202 GENERAL ORDINANCES shall be occasioned no injury to the health or comfort of the citizens of Evansville. Sec. 11. That at any time after the expiration of thirty years from the first day of June, 1852, the said City Council shall have the right and privilege of pur- chasing of the said Jeffrey & Co., and associates, their successors and assigns, all the pipes, buildings and ap- paratus constituting the gas works, at such prices as may be ascertained and determined by five disinterested persons, citizens of Kentucky, two of whom shall be chosen by the City Council, and two by said Jeffrey & Co., and associates, their successors and assigns, and the fifth by the four so chosen. Sec. 12. That this ordinance shall take effect and be binding upon the city of Evansville so soon as the said Jeffrey & Go. shall signify their assent thereto in writing. Sec. 13. The first section of this ordinance shall be so construed that where gas pipes shall be laid in any part of the city where the grade and sewerage of the city shall have been established at the time, and so laid as not to interfere with the grade, sewerage or drainage so established, if the Council shall afterwards so change the grade, sewerage or drainage as to thereby render necessary any alteration of the pipes in position or oth- erwise, the expense of making such change shall be paid by the city of Evansville. JAMES G. JOKES, Mayor. Attest: John J. Chandler, Clerk. We, John Jeffrey & Co., the firm named in the above ordinance, do assent to the above ordinance, and agree to erect gas works, lay pipes, and furnish gas as pro- vided for in said ordinance, and upon the terms and conditions therein specified. Witness our hands the fifteenth day of June, A. D. 1852. JOHN JEFFREY & CO. CITY OP EVANSVILLE. 203 AN ORDINANCE for the protection of the public gas-lights within the city of Evansville. [Passed September 10 , 1853 .] (Published and in force September 15, 1853.) 1. Penalty for injuring gas-lamps. 2. Penalty for violating rules of gas company. Section 1 . Be it ordained by the Common Council of the City of Evansville , That if any person shall intention- ally or unnecessarily injure or destroy any of the pub- lic gas-lamps, posts, or lanterns within said city, or any portion of the gas-works of the Evansville Gas-Light Company, or any portion of the fixtures thereunto be- longing, situated within the corporate limits of said city, the person or persons so offending shall, for every such offense, forfeit and pay any sum not less than five nor more than fifty dollars. Sec. 2. If any person shall willfully open a communi- cation into any gas-pipe of said company, situated within the corporate limits aforesaid, or who shall, within said city, let on gas in any building or lamp after it has been stopped according to the printed rules of said company, the person or persons so offending shall, for every such offense, forfeit and pay any sum not less than twenty-five nor more than one hundred dollars. JOHN S. HOPKINS, Mayor. Attest : Georoe H. Todd, Clerk. AN ORDINANCE supplemental to an ordinance passed June 4th, 1852, enti- tled An Ordinance to provide for lighting the city of Evansville with gas.” [Passed August 1 , 1857 .] (Published and in force August 14, 1857.) 1. Terms on which gas-pipes may be extended. 2. Gas company to place amount advanced to credit of city. 3. Monthly bills to be rendered to city by gas company. 4. When this ordinance to take effect. Section 1 . Be it ordained by the Common Council of the City of Evansville , That whenever the Common Council of said city shall desire to extend the gas-pipes to or 204 GENERAL ORDINANCES along any street, lane, alley, public grounds, or thor- oughfare of said city, or to any point in such street, lane, alley, public grounds, or thoroughfare, and shall furnish and advance to the gas company mentioned and designated in the original ordinance to which this is a supplement, by the name of John Jeffrey & Co., or the successors or assigns of said gas company, a sum of money sufficient to defray the reasonable cost and ex- pense of procuring such gas-pipes and laying them down along the proposed line of extension, it shall be the duty of said gas company, without any unnecessary delay, to lay down gas or service pipe along such street, lane, alley, public grounds, or thoroughfare, or to such point therein as the Common Council may direct, the city furnishing the means to procure and erect the pub- lic lamps, lamp-posts, and fittings and fixtures, as pro- vided for in said original ordinance, and the said gas company shall furnish to the city, along such line or extension, gas to be consumed for the public benefit, at the same rate at which it is or may be furnished for the like purpose in other parts of the city, and the said gas company shall also furnish gas for private con- sumption along such line of extension at the same rate at which it is or may be furnished to private consumers in other parts of the city. Sec. 2. The city shall be credited on the books of said gas company with the amount advanced for each and every such new line of extension, and shall be charged on said books with all the gas consumed on such line, both by the city and by private consumers, and whenever the amount thus consumed equals the cost of procuring and laying down the service pipe along any such new line, the pipe along such line shall become the property of said gas company, in the same manner and to the same extent as if it had originally been purchased and laid down with the means of the gas company; and until such pipe so becomes the prop- CITY OF EVANSVILLE. 205 erty of the gas company, the city shall be entitled to collect and receive from private consumers along such line the price of all gas used by them, or the city may, at its option, require said gas company to make the col- lections from private consumers along such line, and account to the city for the same : Provided , That any advance made by the city under this ordinance shall not bear interest, and shall not be payable otherwise than in gas, as above provided, unless the gas cbmpany should fail within a reasonable time after receiving the advance to furnish gas along the proposed line of ex- tension, according to the provisions of the first section of this ordinance. Sec. 3. Until the service pipe on any new line con- templated by this ordinance shall have become the property of the gas company under the provisions of the last section, the said company shall render to the city monthly bills or accounts of the gas used on such line, showing how much gas was used by the city, and how much by each private consumer on such line during the previous month. Sec. 4. This ordinance shall not take effect or be binding upon the city of Evansville until the said gas company shall file with the City Clerk the assent of said company thereto in writing ; and upon the filing of said assent, this ordinance shall take effect and shall be published by said Clerk. JOHN HEWSON, Mayor. Attest : Well. H. Walker, Clerk. Evansville, August 13, 1857. In the name of and for the Evansville Gas-Light Company, I hereby accept the terms of the ordinance set forth upon this page. C. G. KEATS, President Evansville Gas-Light Company. 206 tfENERAL ORDINANCES AN ORDINANCE to provide for the extension of gas-lights within the city of Evansville. [Passed August 1, 1857.] (Phblished and in force August 4, 1857 .) 1. Terms upon which parties interested may have gas extended. Section 1. Be it ordained by the Common Council of the City of Evansville , That whenever any person or per- sons interested in extending the gas to any point in the city will advance to the city fifty (50) per cent, of the amount necessary to procure and lay down the service pipe to such point, or along the proposed line of exten- sion, the city will thereupon, without any unnecessary delay, cause such pipe to be laid down along such line, and cause gas-posts to be erected along such line, and will furnish to individual consumers along such line, who may have made such advances, gas for private consumption at the same rates at which it is or may be furnished by the gas company to their private consum- ers, until the amount furnished to each person making any such advance shall be equal to the amount ad- vanced by such person : Provided , how ever , That the city shall not be liable for interest on any such advance, and shall not be required to refund or repay the same other- wise than in gas, as above in this section provided for. Sec. 2. This ordinance shall take effect and be in force from and after its publication. JOHN HEWSON, Mayor. Attest: Well. H. Walker, Clerk. AN ORDINANCE supplemental to an ordinance to provide for the exten- sion of gas-lights within the city of Evansville, passed August 1,1857, [Passed February 28, 1870.] (Published and in force March 11, 1870.) 1. Provision for extension of gas, when 50 per cent, is advanced. 2. When in force. Section 1 . Be it ordained by the Common Council of the City of Evansville , That whenever any person or per- CITY OF EVANSVILLE. 207 sons, interested in extending the gas to any point in the city, shall make it appear to the Common Council of said city, that he or they have advanced or secured, to the satisfaction of the Evansville Gas Company, 50 per cent, of the' amount necessary to procure and lay down the service pipe to such point or along the pro- posed line of extension, the city will, thereupon, and without any unnecessary delay, furnish and advance the residue of said cost or necessary amount, according to the terms of a supplemental ordinance to an ordinance to provide for lighting the city of Evansville with gas, passed August 1, 1857, and accepted by said Evansville Gas-Light Company, and cause such pipe to be laid down along such line, and cause gas-posts to be erected along such line, and thereupon the said Evansville Gas Company shall furnish to individual consumers along such line, who may have made such advances, gas for private consumption at the same rates at which it is or may be furnished to their private consumers, until the amount furnished to each making any such advance, shall be equal to the amount advanced by such person : Provided , however , That said Gas Company shall not be liable for interest on any such advance, and shall only be required to repay the same in gas, as above provided. Sec. 2. That this ordinance shall be in force from and after its publication. WILLIAM H. WALKER, Mayor. Attest : A. M. McGriff, Clerk. 208 GENERAL ORDINANCES AN ORDINANCE providing for the appointment of inspectors of flour, whisky, &c. [Passed November 19, 1850/j (Published and in force November 28, 1850.) 1. Inspector of flour, domestic spirits, &c„ to be appointed. Term aud oath of office. 2. Duty of inspector as to domestic spirits. 3. Duty of inspector as to flour, tobacco, &c. Section 1 . Be it ordained by the common council of the City of Evansville , That there shall annually be appoint- ed by the Common Council one or more inspectors of do- mestic spirits, flour, tobacco, beef, pork, butter, and lard, which said inspectors shall hold said office for one year, and until their successors are appointed and qualified^ and shall, before they enter upon the duties of said office, take an oath faithfully and impartially to execute the duties of said office, which oath shall be filed in the City Clerk’s office. Sec. 2. That it shall be the duty of said inspector or inspectors, immediately, when called upon for that pur- pose, to gauge any and each barrel or cask of domestic spirits, and examine the quality or proof thereof, and mark on the barrel or cask the true quantity contained therein, in wine gallons, and the quality or proof of such spirits, together with the name of the inspector and place of inspection. Sec. 3. It shall also be the duty of said inspector or in- spectors to inspect and mark flour, tobacco, beef, pork, butter and lard, when put up in kegs, barrels, casks, or hogsheads, whenever such inspection shall be called for or necessary. Sec. 4, That said inspector or inspectors shall provide the most approved instruments for ascertaining the ca- pacity of a barrel or other cask, and the quality or proof of spirituous liquors, and for the marking of barrels or casks. Sec. 5. That said inspector or inspectors shall be en- titled to receive and collect from persons employing them as aforesaid, for gauging and inspecting a single barrel CITY OF EVANSVILLE. 209 or cask, fifteen cents, and when the number of barrels or casks in one lot exceeds one and is less than six, ten cents, and when the number in one parcel exceeds six, five cents for each barrel or cask. JAMES G. JONES, Mayor. Attest : John J. Chandler, Clerk. AN ORDINANCE in relation to nuisances created by stagnant water situated on any lot or parcel of ground within the city of Evansville. [Passed April 24 , 1858 .] (Published and in force April 27, 1858.) 1. Lots upon which water stagnates declared nuisances. Owner may be required to abate such nuisance. 2. Copy of order how issued and served, and return how made and filled. 3. When ordered to be published . 4. If owner of lot fails to comply, Marshal to execute order. Statement of expense to be made by Marshal, and recorded by Clerk. How to be collected. 5 and 6. Penalty, 7. Reports to be made by the Clerk. Section 1. Be it ordained by the Common Council of the City of Evansville, That whenever any lot or parcel of ground in said city is or shall be so situated that water does or shall collect and remain stagnant thereon, such lot, while so situated, shall be deemed and taken to be a nuisance, and the Common Council may direct and re- quire the owner or occupier of the premises to abate such nuisance by draining or filling up such lot or parcel, of ground, in such manner and within such reasonable time as the said Council may order and direct. Ssc. 2. It shall be the duty of the Clerk to issue to the Marshal duplicate certified copies of any order made in pursuance of the last section, and the Marshal shall forth- with, or as soon as practicable, deliver one of said copies to the owner or occupier of the premises mentioned in said order, or to the agent of such owner or occupier, and said Marshal shall return the other copy of said order to the Clerk, stating in his return the time and manner of service and on whom served, and the Clerk shall file and preserve said copy and return. 27 210 GENERAL ORDINANCES Sec. 3. If the said copy shall be returned “Not found” by the Marshal, the Clerk shall forthwith publish a copy of said order in some newspaper printed and published in the city of Evansville. Sec. 4. If, after service or publication of a copy of said order as aforesaid, the owner or occupier of such lot or parcel of ground shall neglect or fail to drain or fill up the same within the time and in the manner required by said order, it shall be the duty of the Marshal, immedi- ately upon the expiration of the time mentioned in such order, to proceed to drain or fill up such lot or parcel of ground according to the requirements of such order, and the Marshal shall, within ten days from and after the time when said draining or filling up shall be completed, make a statement in writing detailing the expenses of said draining or filling up, which statement shall be veri- fied by the affidavit of said Marshal, and shall be by him filed with the Clerk, and the Clerk shall record said state- ment in a book to be kept for that purpose: the amount charged in said statement shall be a debt against the owner or occupier of said lot or parcel of ground, and shall be a lien on such lot or parcel of ground; and the said debt may be collected by action against the owner or occupier of the lot or parcel of ground, or said lien may be enforced in any court of competent jurisdiction. Sec. 5, If any owner of any lot or parcel of ground who shall have been personally served with a copy of any order made in pursuance of this ordinance shall fail or neglect to comply with said order within the time which may be specified in such order, such owner shall for such offense forfeit and pay any sum not exceeding ten dollars nor less than one dollar. Sec* 6. If the Clerk or Marshal shall neglect or fail to perform any duty required of him by this ordinance, such Clerk or Marshal shall for such offence forfeit and pay not less than five nor more than fifty dollars. Sec. 7* The Clerk shall, at the first meeting of the CITY OF EVANSVILLE. 211 Council in the months of July, October, and January of each year, report to the Council in writing a statement of all sums which may remain due and unpaid for filling up or draining any and all lots or parcels of ground under this ordinance. Sec. 8. This ordinance shall be in force from and after its publication. JOHN HEWSON, Mayor. Attest: A. Lemcke, Clerk. AN ORDINANCE supplemental to an ordinance passed April 24, 1858, enti- tled “ An Ordinance in relation to nuisances created by stagnant water situated on any l*t or parcel of ground within the city of Evansville.” [Passed May 8, 1858.] (Published and in Ibrce May 13, 1858.) 1. Precept to be issued, and Marshal charged therewith. 2. If owner refuses to pay, precept to be returned and suit commenced. ' Section 1 . Be it ordained by the Common Council of the City of Evansville , That whenever any lot or parcel of ground shall have been filled up or drained by the Marshal, and a statement of the expense thereof shall have been filed as required by the third section of the said ordinance of April 24, 1858, it shall be the duty of the Clerk forthwith to issue a precept to the Marshal, returnable within twenty days from the date thereof, requiring the Marshal to collect the amount chargeable against such lot or parcel of ground, including costs, from the owner or occupier of such lot, and the Clerk shall, upon the issuing of such preeept, charge the Marshal with the amount thereof ; and when the Mar- shal collects the money, he shall pay it to the Treasurer, and file the Treasurer’s receipt with the Clerk, who shall thereupon credit the Marshal and charge the Treasurer with the amount of such receipt; all of which shall be done within twenty days from the date of the precept. Sec. 2. If the owner or occupier, or his agent, shall refuse to pay the Marshal the amount of such precept^ 212 GENERAL ORDINANCES including costs, the Marshal shall forthwith return the precept to the Clerk, setting forth in his return the grounds of such refusal, and thereupon the Clerk shall credit the Marshal with the amount of the precept, and place the claim in the hands of the City Attorney for collection by suit. JOHN HEWSOST, Mayor. Attest: A. Lemcke, Clerk. AN ORDINANCE in relation to nuisances. [Passed July 20, 1850.] (Published and in force July 23, 1850.) 1. Slaughter-houses, soap- factories, &c., must not be established within the city except by permission of the Council. 2. Such permission may afterwards be revoked. 3. Penalty. 4. Duty of Marshal. Section 1. Be it ordained by the Common Council of the City of Evansville , That hereafter it shall not be lawful for any person or persons to keep a slaughter-house, or keep or use for the purpose of soap-boiling, or slaught- ering any animal or animals of any kind, usually sold in the market-house for food, any house, shed, or pen, or any other place within the corporate limits of the city of Evansville, or within one half mile thereof, without permission from the Common Council of said city so to do. Sec. 2. When a license or permit shall be granted as contemplated by the first section of this ordinance, the Common Council shall have the right and full power at any time to revoke the same, and thenceforth it shall be unlawful to use any such house, shed, or pen for the purpose of slaughtering or soap-boiling. Sec. 3. Every person who shall violate any provision of this ordinance shall forfeit and pay any sum not less than one dollar nor more than five dollars for ever such offense, together with the costs of suit. Sec. 4. It shall be the duty of the Marshal to take CITY OF EVANSVILLE. 213 notice of the existence of every nuisance, and cause the same to be abated. JAMES. G. JONES, Mayor. Attest: John J. Chandler, Clerk. AN ORDINANCE to amend an ordinance passed April 17, 1817, entitled “An ordinance declaring what are nuisances in the city of Evansville, and au- thorizing the removal thereof.” [Passed December 13 , 1853 .] (Published and in force December 15, 1853.) 1. Trees on certain streets and sidewalks declared nuisances. May be removed by the Marshal. Proviso. Section 1 . Be it ordained by the Common Council of the City of Evansville , That all trees situated or growing upon any sidewalk or street in any business part of the city of Evansville, and all trees situated or growing upon any street or sidewalk of said city, so as to obstruct such street or sidewalk, be and the same are hereby de- clared to be nuisances, and any such nuisances may be abated or removed by the Marshal : Provided , however, that the Marshal shall not cut down or remove any tree under or by virtue of this ordinance, until directed so to do by an order of the Common Council, nor until the owner or occupier of the premises shall have received ten days previous notice to remove such tree. JOHN S. HOPKINS, Mayor. Attest : Geo. H. Todd, Clerk. 214 GENERAL ORDINANCES AN ORDINANCE declaring certain things to be nuisances, and authorizing, the abatement thereof, and repealing certain ordinances.* [Passed May 16, 1859.] (Published and in force June 2, 1859.) 1. N uisances defined, 2. Definition continued. 3. Duty of owner or occupant of premises on which nuisances may be found. (Dead animals.) Duty of Marshal. Expense of abating nuisances, how collected. Penalty for failure to remove certain nuisances, on notice. On repetition of nuisance, no notice required ; penalty. 4. Penalty for causing nuisance in streets, &c. 5. Certain establishments not to be erected without permit from Council. 6. Proceedings to abate; penalty. 7. Marshal may examine premises. 8. Repeal Section 1 . Be it ordained by the Common Council of the City of Evansville , That all nuisances at common' law shall be deemed and taken for nuisances in the city of Evansville, and that standing ponds of water, dead car- casses, putrid flesh, fish, hides or skins, standing slop and water, or slop and water flowing or running from kitchens, wash-houses, out-houses, and all other houses, every dam or other obstruction in any ditch, gutter, water-course, or sewer, every slaughter-house, soap^ factory, distillery, tallow or candle factory, pork-house, or privy, built, used, or occupied without a strict ob- servance of the ordinance or ordinances of the citv re- specting the same, also slop water, vegetable or other unwholesome or offensive matter or substance what- ever, turned into or placed or exposed in any street, alley, sidewalk, or other place within the city, every hog, sow, or pig, and every hog, sow, or pig pen which may in any way annoy any of the citizens of said city, are hereby declared to be nuisances. Sec. 2. All manure or other unwholesome or offensive matter or substance whatever, and all obstructions of whatever kind deposited or placed on any street or alley, or on the public wharf of the city of Evansville, or placed upon the bank of, or thrown over the bank of, the Ohio *See, also, ordinance passed February 17, 1870, in relation to steamers at the* wharf. Ante, CITY OF EVANSVILLE. 215 River within the limits of the city, or within one mile above said limits, or deposited or placed on any of the public grounds of the city, or in any market-house or market-place within said city, or in the canal within the limits of the city, or within one mile above the limits of said city, are hereby declared to be nuisances. Sec. 3. In all cases where a nuisance is found upon any person’s premises, or premises occupied by him or her within the limits of the city, or within one mile in any direction beyond the limits of the city, or when it may be ascertained that any person or persons have deposited or caused any such nuisance as defined in the first section of this ordinance, such person or persons shall forthwith re- move the same : Provided , That the owner of any dead animal shall remove the same whether it shall be found on or about his own premises or anywhere else within said city, or within one mile thereof. And if any such person or persons shall neglect or refuse to remove the same within ten hours after a written notice from the Marshal of the city or his deputy so to do, served upon or left at the place of abode or business of such person, the Mar- shal shall cause the same to be removed in such man- ner as will most speedily and effectually accomplish the abatement of such nuisance, and immediatelly cause suit to be commenced in the name of the city of Evansville for the expenses of such removal against the person or persons upon whose premises such nuisance may be found, or against the owner of any such dead animal, or against the person or persons who may have deposited or caused such nuisance (as the case may be) ; and any person or persons upon whose premises any such nuisance may be found, or who shall as aforesaid deposit or cause any such nuisance, or own any such dead animal, and who shall fail, neglect, or refuse to remove the same after notice so to do given by the Marshal or his deputy as aforesaid, shall for each and every hour he shall so fail, neglect, or refuse, forfeit and pay any sum not less than one dollar nor more than fifty dollars : Provided , That the provisions 216 GENERAL ORDINANCES of this section shall not apply to the removal of any dead animal from any unoccupied lot when the owner of such dead animal cannot be ascertained ; And provided, That upon the repetition of a nuisance at any time which may have been previously abated in compliance with or after notice served by the City Marshal or his deputy, as pro- vided for in this section, no new notice to remove the same shall be required, but the Marshal or his deputy shall proceed forthwith to remove the game, and cause suit to be brought against the person or persons on whose premises such nuisance may be found, or who may have deposited or caused the same, and upon proof of such pre- vious notice and abatement and of the repetition of such nuisance, such person or persons shall forfeit and pay, in addition to the expense of the removal of such nuisance, any sum not less than one dollar nor more than fifty dol- lars. Sec. 4. Any person or persons causing any nuisance by depositing or placing any manure or any other unwhole- some or offensive matter or substance whatever, or any obstructions of any kind, on any street or alley, wharf, river bank, public grounds, market-house, market-place, or canal, as defined in the second section of this ordi- nance, shall forfeit and pay any sum not less than two dollars nor more than one hundred dollars. Sec. 5. Hereafter there shall not be erected or i^ed any slaughter-house, soap-factory, tallow-chandler, or distil- lery within the limits of the city of Evansville (except those already in use), without first applying to the Com- mon Council for privilege to erect and use such house, and complying with any order or ordinance that said Council may pass or adopt relative thereto ; and if any such house or factory shall be erected contrary to the pro- visions of this section, such house or factory shall be deemed a nuisance, and the person or persons erecting the same shall forfeit and pay any sum not less than five dollars nor more than one hundred dollars, and ten dollars- CITY OF EVANSVILLE. 217 in addition thereto for every day such nuisance shall be continued* Sec. 6. Slaughter-houses, soap-factories, tallow-chand- leries, distilleries, and other buildings, as well as those now erected and in use as those which may hereafter be erected and used, in which any business is or shall be so carried on as to injure the health, comfort, or conven- ience of any portion of the inhabitants of the city, may be abated by order of the Common Council ; but before such abatement shall take place, the Common Council shall summon the owner or occupier thereof to appear before the Council at a particular time and place, at which time and place the Council shall investigate the matter and hear testimony relative thereto ; and if the Council shall be of the opinion that the business carried on in such building is injurious to the health, comfort, or con- venience of any portion of the inhabitants of the city, it may declare the same a nuisance, and require the owner or occupier of such building to remove the same beyond the limits of the city, or to discontinue the business car- ried on in said building, and which shall have been com- plained of, within a specified time ; and if such owner or occupier shall refuse or neglect to obey the order of the Council relative thereto, after a copy thereof shall have been served upon him, her, or them by the Marshal, such owner or occupier, for each day he shall so neglect or re- fuse, shall forfeit and pay any sum not less than one dol- lar nor more than fifty dollars. Sec. 7. It shall be lawful for the Marshal or his dep- uty, at any time between the hours of eight o’clock a. m. and four o’clock p. m., to enter into any cellar, soap- factory, or othe place where nuisances are likely to be engendered, or where he may have been informed that any nuisance exists (first making application to the owner or occupier thereof, if to be found), and examine the same ; and it shall be the duty of the Marshal, by himself or deputy, to enter into any soap-factory, 28 218 GENERAL ORDINANCES slaughter-house, tallow-chandlery, distillery, or other place, whenever complaint is made concerning g,ny such place, and examine the same,, and make report of- the ’ condition thereof to the Common Council at its next regular meeting. * . , ' Sec. 8. An ordinance entitled “An Ordinance de- . daring what are nuisances in fhe city of Evansville, and authorizing the removal thereof,” passed April 17th, 1847, and an ordinance entitled “An Ordinance to amend an ordinance entitled ‘An Ordinance declaring what are nuisances in tile city of Evansville, and authorizing the removal thereof,’” passed June 9th, 1849,' and an ordinance entitled “An Ordinance in relation to nui- ^ * 0 sances,” published and in force July 23d, 1850, are hereby repealed: Provided , however , That nothing here" in contained shall prohibit the city of Evansville from punishing any infraction of any ordinance hereby re- pealed which 4 may have occurred prioi; to the passage of this ordinance,- but for the purpose of punishing all . such infractions said ordinances shall remain in force as* if this ordinance had not been passed. . Sec. 9. .Nothing contained in this ordinance shall be . construed as a repeal of any other ordinance not in-eon- * sistent therewith, except the three ordinances repealed »■ in express terms by the last section. W. BAKER, Mayor. Attest : P. Burke, Clerk. f CITY OF EVANSVILLE. 219 A SUPPLEMENT to an ordinance passed May 16, 1859, entitled “An Ordi- nance declaring certain things to-be nuisances, and authorizing the abate- ment thereof, and repealing certain ordinances. ” [Passed February*26, 1864.] » (Published and in force March 4, 1864.) . *• 1. Uncovered cisterns, pits, &c v declared nuisances. 2. Duty of the Marshal in relation to such nuisances. 8. Penalty. , ’V* Section 1. Be it ordained by the Common Council of the City of Evansville , That all open or uncovered cisterns, cellars, wells, pits, or vaults situate in any open or un- fenced lot or place within the city of Evansville, are hereby declared to'be nuisances. Sec. 2. In all 'cases where any such nuisance may he found upon any premises, it shall be the duty* of the Marshal to serve written notice upon the owner or oc- cupant of such^premisesf requiring such owner or occu- pant to abate such nuisance within twenty-four hours of the time of service of such ’notice, qither by filling up such nuisance or by fencing or covering the same in a permanent* and substantial manner; and if the owner or * occupant of such premises cannot be found, said notice shall be posted upon said premises; and if the owner* or occupant of such premises shall refuse or neglect to abate such nuisance within twenty-four hours after such notice shall have been served or posted, the. Marshal shall cause the same to be abated, and shall ’immediately thereafter cause a suit to be commenced in the Dame of the city of Evansville against the owner or occupant of such premises for the recovery of the amount of the cost and expenses of the abatement of- such nuisance, and for the recovery of the fine pre- scribed by this ordinance. , ' - Sec. 3. Any person or persons owning o.r occupying any'open or unfenced lot of ground or premises within said ci*ty having thereon any open or uncovered cistern, 220 GENERAL ORDINANCES cellar, well, pit, or vault, shall forfeit and pay any sum not less than ten nor more than one hundred dollars. W. BAKER, Mayor. Attest : A. Pfafflin, Clerk. AN ORDINANCE in relation to nuisances, and defining certain offenses. [Passed November 20, 1865.] (Published and in force November 24, 1865.) 1, 2 and 3. Nuisances defined. 4. Manure, how to be secured and disposed of. 5. Slop-water, how to be disposed of 6. Wagons and other vehicles not to be left on streets. 7. Fire-wood must not remain on street more than forty-eight hours. 8. Stone-coal must not remain on street more than twenty-four hours. 9. Penalty. Section 1. Be it ordained by the Common Council of the City of Evansville , That slop-water, wash-water, waste water, or filth or garbage of auy kind whatever, which may he caused or permitted to flow from any house or premises into or upon any street, alley, or gutter of the city of Evansville, and all slop-water, wash-water, waste water, or filth, offal, or garbage of any kind whatever, which may be thrown or placed in or upon any street, alley or gutter of said city, are hereby de- clared to be nuisances. Sec. 2. All manure, ashes, cinders, and rubbish of any kind whatever, which may be thrown or placed upon any street or alley or in any gutter of said city, or which may be so deposited as to fall into or upon any street, alley, or gutter of said city, are hereby de- clared to be nuisances. Sec. 3, All lumber, timber, logs, or blocks, and all other obstructions of every kind whatever, placed upon any street, alley, gutter, or sidewalk of said city, are hereby declared to be nuisances. Sec. 4. It shall be unlawful for any person or persons hereafter to place -or cause to be placed any manure in CITY OF EVANSVILLE. 221 or upon any open area or space adjoining or near any street or alley, without confining such manure in such manner as to prevent the same from falling into or upon, or being scattered or spread over or upon, such street or alley; and all persons keeping or harboring any horse, mule, cow, hog, or cattle of any kind whatever, shall be, and hereby are, repaired to cause all manure which may accumulate from such horse, mule, &c., to be kept securely in close bounds, in such manner as will prevent it from being dragged or scattered from such place of deposit into or upon any street, alley or gutter of said city. Sec. 5. All persons having slop-water, wash-water, waste water, or other filth or garbage accumulating upon their premises, shall be, and hereby are, required to dispose of the same either in proper sinks to be con- structed upon their own premises, or by causing all such slop-water, &c., to be kept in casks or other vessels, and deposited in some suitable place outside the corporate limits of the city. Sec. 6 . It shall hereafter be unlawful for any person or persons to permit any wagon, dray, or other vehicle, when not in use, to be placed or remain upon any street or alley of said city. • • Sec. 7. It shall hereafter be unlawful for any person or persons to place or deposit, or to allow to be placed or deposited, any fire-wood upon any street, alley, or sidewalk of said city, and permit the same to remain upon such street, sidewalk, or alley more than forty- eight hours from the time of its deposit. Sec. 8. It shall hereafter be unlawful for any person or persons to place or deposit, or allow to be placed or deposited, any stone-coal upon any street, alley, or side- walk of said city, and permit the same to remain upon such street, alley, or sidewalk more than twenty-four hours from the time of its deposit. Sec. 9. Any person or persons causing any nuisance, 222 GENERAL ORDINANCES as defined by this ordinance, or violating any of the provisions of this ordinance, shall, upon conviction, forfeit and pay not less than five nor more than one hundred dollars. W. BAKER, Mayor. Attest : A. M. McGriff, Clerk. A SUPPLEMENT to an ordinance passed May 16th, 1859, entitled “An Or- dinance declaring certain things to be nuisances, and authorizing the abate- ment thereof, and repealing certain ordinances.” [Passed January 20, 1868.] 1. Houses of ill-fame, &c., the inmates; gambling houses, Ac., declared nui- sances. 2. Penalty for keeping. 3. Unlawful to visit said places ; penalty. 4. Police may enter such places at any time, &c. 5. Marshal or Chief of Police may summon assistants, &c. 6. Unlawful for police to be found in said houses, except on duty ; penalty. Section 1. Be it ordained by the Common Council of the City of Evansville , That all houses of ill-fame, houses of assignation, houses of prostitution, or whoredom, and all whores and prostitutes, and keepers, or proprietors of houses of ill-fame, or houses of assignation, pros- titution, or whoredom, and all persons visiting any such house or houses for the purpose of prostitution or whore- dom, and all gambling houses, keno tables, faro banks, and all other gaming or gambling tables, or apparatus of any kind whatever, are hereby declared to be nuisances. Sec. 2. That any person or persons, being the owner, keeper, proprietor, or superintendent of any such nui- sances, as defined by the first section of this ordinance, shall, on conviction, forfeit and pay any sum not less than fifty dollars, nor more than five hundred dollars. Sec. 3. It shall be unlawful for any person or persons to occupy, visit, or use any gambling table, or apparatus for the purpose of gaming or gambling, or to occupy or visit any house of ill-fame, or house of prostitution or CITY OF EVANSVILLE. 223 whoredom, for the purpose of prostitution or whoredom, and any person or persons violating any provisions of this section, shall, on conviction, forfeit and pay any sum not less than ten dollars, nor more than one hundred dollars. Sec* 4. For the purpose of suppressing gaming and gambling houses, and houses of ill-fame, it' shall be law- ful for any police officer of the city of Evansville, either with or without process, to enter at any time, any gaming or gambling house, or house of ill-fame, within the limits of the city, or within one mile thereof, and arrest the occupants thereof ; and all persons found therein who shall have visited the place for the purpose of gaming or gambling, or for the purpose of prostitution or whoredom, and any person found in a gaming or gambling house, shall be presumed to be there for 'the purpose of gaming or gambling : and every person found in a house of ill- fame, house of assignation, or house of prostitution, shall be presumed to be there for the purpose of prostitution or whoredom. Sec* 5.. For the purpose of further suppressing gaming and gambling houses, it shall be lawful for the City Marshal, or any Chief of Police, to summon to his aid suitable and necessary assistance, and to seize all keno tables, keno boxes, faro banks, gaming or gambling .tables, or gaming or gambling apparatus of any kind whatever, and secure the same, so that they cannot be used for gaming or gambling purposes ; and, if resisted in the discharge of his duty, under this section, such offi- cer or officers may destroy all such implements or ap- paratus,. Sec. 6* It shall be unlawful for any police officer to be found in any gaming or gambling house, or house of ill- fame, or house of assignation, prostitution or whoredom, except in discharge of his duty as such police officer, for the purpose of making arrests, or quelling riots, or dis- turbances of the peace, or preventing violation of city ordinances; and any person or persons violating any of 224 GENERAL ORDINANCES the provisions of this section shall, on conviction, forfeit and pay not less than ten dollars, nor more than one hun- dred dollars. WILLIAM BAKER, Mayor. Attest : A. M. McGriff, Clerk. AN ORDINANCE to provide for the removal and burial of dead animals. [Passed December 23, 1865.] [Published and in force December 29, 1865.] 1. Contract to be made annually for removal of dead animals. 2. Notice of Dead animals to be left at Clerk’s office. 3. Owner of dead animal may remove within ten hours. 4. Duty of the party contracting to remove dead animals. 5. No person to remove dead animal except the owner or party having the contract. 6. When owner prohibited from removing dead animal. 7. Police to give notice of dead animal. 8. Penalty. Section 1 . Be it ordained by the Common Council of the City of Evansville, That it shall be the duty of the Council, in the month of January of each year, to con- tract with some responsible person or persons, at a reasonable compensation, for the removal from the city of all dead animals found within the city ; and the per- son or persons so contracted with shall have the right to convert to his or their own use the hides, tallow, horns, and bones of such dead animals. The contract shall be made with such responsible party as will pay the highest bonus for the same, if any bonus can be ob- tained : Provided, That such contractor shall not be allowed to maintain any glue or soap factory within one mile of the limits of the city. Sec. 2. It shall be the duty of every person desiring the removal of any such dead animal, or having knowl- edge of any dead animal lying in any vacant lot, street, or alley of the city, to give immediate notice thereof in writing at the Clerk’s office, stating where such dead animal may be found, and the kind thereof. CITY OF EVANSVILLE. 225 Sec. 3. Nothing in this ordinance shall be held or con- strued to prevent the owner of any such dead animal from removing the same from within the city limits, if done within ten hours (not including the night-time) from the time of the death of such animal. Sec. 4. It shall be the duty of the party so contracted with to call at the office of the City Clerk at least twice every day (Sundays excepted) to receive notice of the whereabouts of any such dead animals, and to remove the same within ten hours next after receiving such no- tice; and for any failure to comply with the provisions of this section, such party shall, on conviction, forfeit and pay any sum not exceeding ten dollars. Sec. 5. It shall be unlawful for any person or persons other than the one contracted with, except the owner of such animal, to remove any dead animal or appropriate the same, or any part thereof, to his own use ; and any person or persons violating the provisions of this sec- tion shall, on conviction, forfeit and pay any sum not ss than ten nor more than fifty dollars. Sec. 6. Any person, being the owner of any animal dying within the city, who shall cause notice to be given at the Clerk’s office as aforesaid, shall not appro- priate any part of said dead animal to his or her own use ; and for a violation of the provisions of this sec- tion, the offender shall, on conviction, forfeit and pay any sum not less than ten nor more than fifty dollars. Sec. 7. It shall be the duty of the city police to give notice of the existence of any dead animals within the city as soon as the same shall come to their knowledge. Sec. 8. Any person violating any of the provisions of this ordinance, or neglecting to perform any of the duties required, to which there is not a specific penalty attached, shall, on conviction, be fined in any sum not exceeding twenty dollars. W. BAKER, Mayor. Attest : A. M. McGriff, Clerk. 29 226 GENERAL ORDINANCES AN ORDINANCE defining offences, and prescribing punishment therefor. [Passed September 13 , 1859 ,] [Published and in force September 16, 1859.] 1. Drunkenness. 2. Common prostitutes, 3. Indecent conduct or language. 4. Harboring prostitutes. 5. Carousals, &c. 6. Indecent exposure of person. 7. Indecent words or gestures. 8. Noise, disorder, &c. 9. Cruel treatment of animals. 10 Malicious injury or destruction of property. 11. Resisting city officers. 12. Obscene books, pictures, &c. 13. Playing quoits, &c., on Sunday. 14. Exhibiting goods on sidewalk on Sunday. 15. Processions and parades on Sunday. 16. Bands performing on Sunday. 17. Theatres, &c., on Sunday. 18. Dances, carousals, &c., on Sunday. 19. Assault, and assault and battery. 20. Immoderate riding, driving, &c. 21. Assignation houses, gambling houses, &c. 22. Tallow-chandleries, soap-factories, &c. 23. Gunpowder. 24. Lighted candle, lamp, cigar, &c., in barnes or stables. 25. Animals hitched to vehicles in the street. 26. Drays and carts to have lock-chain. 27. Buildings projecting into streets, alleys, &c. 28. Obstructing streets, sidewalks, alleys, &c. 29. Injuring or defacing buildings, grounds, &c. Riding or driving over sidewalks. Injury to streets, alleys, wharves, &c. 30 Bathing in river or canal in daytime. 31. Rolling hoops, flying kites, &c. 32. Discharging fire-arms, squibs, &c. 33 Throwing stones, &c. , at houses. 34. Injury to cisterns. 35. Throwing dead animals into river or canal. 36. False alarm of fire. 37. Injury to houses, trees, &c. 38. Ashes kept in barrels, boxes, &c. 39. Removing earth from public ground. 40. Destroying advertisements, notices, sistent with the provisions of this ordinance are hereby repealed. W. BAKER, Mayor, Attest : P. Burke, Clerk. AN ORDINANCE to amend an ordinance passed June 3, 1859, entitled “An Ordinance in relation to improvements and repairs on the streets and alleys ol the city, and providing for the assessment and collection of the costs and expenses of such improvements and repairs, and for the sale and conveyance of real estate charged with any portion ot such costs and ex- penses.” [Passed June 7, 1859.] (Published and in force June 9, 1859.) 1. Fourth section of ordinance of June 3, 1859, amended. Obligations, how payable. 2. Work may be let in several contracts ; proviso. Section 1 . Be it ordained by the Common Council of the City of Evansville , That the fourth section of the ordi- nance mentioned in the title of this ordinance be, and the same is hereby, so amended as to require the written un- dertaking mentioned in said fourth section to be payable in installments as the work progresses, in such sumS and at such times as the Common Council shall from time to time order and direct ; and so much of said fourth section as is inconsistent with the provisions of this ordinance is hereby repealed. Sec. 2. Whenever an order shall have been passed by the Common Council for the improvement or repair o* CITY OF EVANSVILLE. 305 any street or part of a street, or alley or part of an alley, and bids shall have been received therefor, the Council may, if they deem it expedient, let the said work in sev- eral contracts : Provided , That when there are several contracts, no contract shall be for less than two hundred and fifty feet in length of any such street or alley. W. BAKER, Mayor. Attest : P. Burke, Clerk. AN ORDINANCE to protect the streets of the city from injury while under- going improvements or repairs. [Passed September 13, 1859.] ( Published and in force September 14, 1859. ) 1. When streets may be obstructed. 2. Obstructions must not be removed, nor may street be used ; penalty. Section 1. Be it ordained by the Common Council of the City of Evansville, That whenever any street of the city is being paved or otherwise improved or repaired, it shall be lawful for the Mayor or Street Commissioner to cause obstructions to be placed across such street at such points as maybe deemed necessary for'the preservation of the work from injury during the progress thereof. Sec. 2. After the placing of any such obstructions across any such street, it shall be unlawful for any person to remove the same, or to lead, ride or drive any horse, mule, or other animal across or along any such street, or any part of any such street, which has been thus ob- structed, or to cause any vehicle of any kind to be haul- ed across or along the same during the continuance of such obstruction ; and any person violating the provi- sions of this ordinance shall forfeit and pay any sum not less than five dollars nor more than twenty dollars. W. BAKER, Mayor. Attest: P, Burke, Clerk. 306 GENERAL ORDINANCES AN ORDINANCE relative to certain streets of tbe city of Evansville. [Passed February 11, I860.] ( Published and in force February 15, 1860, ) 1. Ashes, filth, &c., must not be placed on Main street. 2. Certain gutters must be kept clean at all times. 3. Provisions of this ordinance extended to all bowldered or paved streets. 4. Penalty. Section 1. Be it ordained by the Common Council of the City of Evansville , That it shall hereafter be unlawful for any person or persons to place or deposit any filth, ashes, shavings, paper, rags, or garbage, or any other matter or substance whatever, on any part of Main street between First street and Third street. Sec. 2. That all owners or occupants of lots or parts of lots fronting on said street are hereby required to keep the gutters in front of their premises perfectly clean at all times, so that the drainage by said gutters may never be interrupted. Sec. 3. That whenever any street or part of a street within said city shall hereafter be bowldered or paved, the provisions of this ordinance shall immediately ap- ply to such street or part of a street so bowldered or paved. Sec. 4. Every person who shall neglect any duty pre* scribed bj, or violate any provisions of, this ordinance, shall for every such neglect or violation forfeit and pay not less than one nor more than five dollars. W. BAKER, Mayor. Attest: P. Burke, Clerk. CITY OF EVANSVILLE. 307 AN ORDINANCE to protect the streets and alleys of the city of Evansville. [Passed March 16 , 1861 .] (Published and in force March 25, 1861.) 1. Width of tire and weight of burden of vehicles prescribed. 2. No load or burden to be dragged over paved street. 3. Certain drays to be exempt from license. 4. Penalty. Section 1 . Be it ordained by the Common Council of the City of Evansville, That from and after the first day of April, 1861 , no two-wheeled vehicle of any description, with felloes and tire less than four inches in breadth, shall be permitted to be drawn or pass over the bowldered, paved or Macadamized streets or alleys of the city with a greater burden than two thousand pounds weight, and that no four-wheeled vehicle of any description, with fel- loes and tire less than four inches in breadth, shall be per- mitted to be drawn or pass over any of said streets or alleys with a greater burden than four thousand pounds weight; and no wagon, dray, carriage, or vehicle of any kind or description shall be permitted to be drawn or pass over any of said streets or alleys with a greater burden than four tons, unless the article to be drawn is of such a nature that it cannot be separated ; and in such case, in no instance shall it be drawn on or over any of said streets or alleys in or upon any vehicle or carriage of any kind, unless the felloes and the tire thereof be at least six inches in width : Provided , That the restriction contained in this section shall be applicable only to such carriages and other vehicles as are usually kept and em- ployed within the city, or within two miles thereof, and shall not extend to wagons, carts, or vehicles of any kind kept or attached to any farm, plantation, or estate situate outside of the limits of the city, and not em- ployed within the city, but occasionally passing over the streets thereof : And 'provided , That hogsheads of tobacco, or other single packages or parcels of produce 308 GENERAL ORDINANCES or merchandise, weighing more than two thousand pounds, may be hauled on drays similar to those now used. Sec. 2. That it shall be unlawful for any person or persons to drag, or cause or permit to be dragged, by a chain or other fastening, over or upon any of said streets or alleys, any substance or thing whatever, or to allow any part of the load or burden of any vehicle to rub upon or touch the said streets or alleys. Sec. 3. Every dray, having felloes and tire of the breadth of four inches, and ready for use by the first day of August, 1861, shall be exempt from the payment of license for one year from said date. Sec. 4. Any person violating any of the provisions of this ordinance shall forfeit and pay any sum not ex- ceeding fifty dollars. W. BAKER, Mayor. Attest : P. Burke, Clerk. AN ORDINANCE in relation to the laying out, opening, altering, contract- ing, widening, or discontinuing of streets, lanes, alleys, or public landings within the city of Evansville. [Passed February 26, 1866.] ) (Published and in force February 28,1866.) 1. All orders of Council in relation to opening of streets, &c., to be pub- lished. 2. Petition and map to be presented to Council and recorded by Clerk. 3. Claims for damages, how and by whom to be presented. 4. Repealed. 5. When Council to pass final order, &c. 6. In what cases petitioners to pay for advertising. 7. Repeal. Section 1. Be it ordained by the Common Council of the City of Evansville , That whenever the Common Coun- cil may hereafter pass an order for the laying out, opening, altering, contracting, widening or discontin- uing any street, lane, alley or public landing within said city, it shall be the duty of the Clerk to give notice of CITY OF EVANSVILLE. 809 the passage of such order by publication for six weeks in some public newspaper printed and published in said city. Sec. 2. The petitioners or persons desiring the Coun- cil to pass such order; shall present to the Council, with their petition, an accurate map or plat of the block or blocks, square or territory through or adjoining which such street, lane, alley or public landing is proposed to be laid out, opened, altered, contracted or widened, or in or adjoining which such street, lane, alley or public landing which is proposed to be discontinued is situated, showing in said plat the position, width and length of such street, lane, alley or public landing, which plat shall be recorded by the Clerk in the minute-book of the Council. Sec. 3. All persons owning or claiming real estate adjoining or abutting upon any street, lane, alley or public landing proposed to be laid out, opened, altered, contracted or widened, and feeling themselves aggrieved by such order of the Council, may, previous to the expiration of the time mentioned in the notice referred to in the first section of this ordinance, apply to the Council for redress, by petition or remonstrance in wri- ting left with the Clerk, and containing a statement of the injuries complained of, and the amount of damages claimed therefor, and all persons failing or neglecting to make such application within the time stated in such notice, shall be debarred from thereafter presenting or prosecuting any claim for redress or damages. Sec. 5. After publication of notice as required by the first section of this ordinance, and after the amount of damages shall have been fixed and adjusted as required by the charter and ordinances of the city, and after the payment of the same to the claimants, the Common Council shall pass a final order, declaring that said street, lane, alley or public landing is laid out, opened, altered, contracted, widened or discontinued, as the case may be, and directing all fences or other obstructions 310 GENERAL ORDINANCES to be removed from such street, lane, alley or public landing so ordered to be laid out, opened, altered, con* tracted or widened. Sec. 6. All notices of the pendency of proceedings for discontinuing any street, lane, alley or public land- ing, shall be published at the expense of the petitioners. Sec. 7. All ordinances heretofore passed in relation to laying out and opening streets, lanes, alleys and public landings, are hereby repealed, but all proceedings pend* ing under any former ordinances now in force, shall be conducted and completed under the provisions of such former ordinances, which are for that purpose contin- ued in force. WILLIAM BAKER, Mayor. Attest: A. M. McGriff, Clerk. AN ORDINANCE in relation to the laying out, opening, altering, contract- ing, widening or discontinuing of streets, lanes, alleys or pubilc landing within the city of Evansville. [Passed August 29 , 1870 .] Section 1 . Be it ordained by the Common Council of the City of Evansville , That in all cases where application may hereafter be made to the Council for the passage of an order to lay out, open, alter, or widen any street or alley in or through any territory within the corporate lim- its of the city of Evansville, which was not laid out in streets and lots and not platted and the plat thereof not recorded previous to the annexation of said territory to the city of Evansville or previous to the time at which said territory became a part of the city of Evansville, the final order to lay out, open, alter, or widen such street or alley shall not be passed unless the petitioners or persons desiring the same shall deposit with the City Treasurer the one half of the amount of damages fixed CITY OF EVANSVILLE. 311 and ascertained agreeably to the provisions of the fifty- ninth section of the city charter. Sec. 2. Any proceedings had under the first section of this ordinance shall strictly conform with the requirements of sections one, two, three, five and six of “An ordinance in relation to the laying out, opening, altering, construct- ing, widening, or discontinuing of streets, alleys, lanes or public landings within the city of Evansville,” passed Feb- ruary 26, 1866. WILLIAM H. WALKER, Mayor. Attest: William Heldeb, Clerk. AN ORDINANCE dividing the city of Evansville into nine Wards and des- ignating the boundaries of each of said Wards. [Passed February 28 , 1870 .] (Published and in force March 4, 1870.) Section 1 . Be it ordained by the Common Council of the City of Evansville , That from and after the taking effect of this ordinance, the territory situate within the* corporate limits of said citv shall be divided into and consist of nine Wards, as follows, viz : The First Ward shall consist of all that part of the city situate within the following boundary lines, viz : Begin- ning at the intersection of Chestnut and Fourth streets, and running thence by Chestnut street to Eighth street ; thence by Eighth street to the Canal ; thence by the Canal to the eastern boundary line of said city ; thence by the eastern and southern boundary line of the city to the in- tersection of Madison avenue and Putnam street ; thence by Putnam street and across Blackford’s Grove to the southern end of Sixth street ; thence by Sixth street to Chandler street ; thence by Chandler and Gum streets to Fourth street ; and thence by Fourth street to the place of beginning. The Second Ward shall consist of all of that part of 312 GENERAL ORDINANCES the city situate within the following boundary lines, viz : Beginning on the Ohio river at Walnut street and running thence by Walnut street to Fourth street; thence by Fourth street to Gum street ; thence by Gum and Chand- ler streets to Sixth street ; thence by Sixth street and across Blackford’s Grove to Putnam street ; thence by Putnam street to the southern boundary line of the city ; thence by said boundary line to the Ohio river ; and thence by the river to the place of beginning. The Third Ward shall consist of all of that part of the city situate within the following boundary lines, viz : Be- ginning on the Ohio river at Walnut street and running thence by Walnut street to Fourth street; thence by Fourth street to Main street ; thence by Main street to Fifth street ; thence by Fifth street to Sycamore street; thence by Sycamore street to Third street; thence by Third street to Carpenter street ; thence by Carpenter street to Center street ; thence by Center street to Leet street; thence by Leet street to the Ohio river; and thence by the river to the place of beginning. The Fourth Ward shall consist of all that part of the city situate within the following boundary lines, viz : Be- ginning at the intersection of Fourth and Chestnut streets, and running thence by Chestnut street to Eighth street ; thence by Eighth street to Division street ; thence by Di- vision street to Third street ; thence by Third street to Sycamore street ; thence by Sycamore street to Fifth street ; thence by Fifth street to Main street ; thence by Main street to Fourth street ; and thence by Fourth street to the place of beginning. The Fifth Ward shall consist of all that part of the city situate within the following boundary lines, viz : Beginning at the intersection of Leet and Center streets, and running thence by Leet street and third Avenue to Sixth street ; thence by Sixth street and across F. W. Brinkmeyer’s Enlargement to the west line of the Northern Enlargement; thence by said line to Ann street ; thence by Ann street to Ninth street ; thence by CITY OF EVANSVILLE. 313 Ninth street to Division street ; thence by Division street to Third street ; thence by Third street to Carpenter street; thence by Carpenter street to Center street; and thence by Center street to the place of beginning. The Sixth Ward shall consist of all that part of the city situate within the following boundary lines, viz : Beginning on the Ohio river at Leet street; and run- ning thence by Leet street and Third avenue to Frank- lin street; thence by Franklin street to Pigeon creek; thence by Pigeon creek to the Ohio river ; and thence by the river to the place of beginning. The Seventh Ward shall consist of all that part of the city situate within the following boundary lines, viz: Beginning on Pigeon creek at Franklin street ; and run- ning thence by Franklin street to Third avenue ; thence by Third avenue to Sixth street ; thence by Sixth street to Second avenue ; thence by Second avenue to Eleventh street ; thence by Eleventh street to First avenue ; thence by First avenue to the northern boundary line of the city ; thence by said boundary line to Pigeon creek ; and thence by Pigeon creek to the place of beginning. The Eighth Ward shall consist of all that part of the city situate within the following boundary lines, viz: Beginning at the intersection of Sixth street and Second avenue ; and running thence by Sixth street and across F. W. Brinkmeyer’s Enlargement to the western line of the Northern Enlargement ; thence by said line and the Western line of Halzgrafe’s Enlargement to the northern boundary line of the city; thence by said line to its intersection with Second avenue ; thence by Second avenue to the place of beginning. The Ninth Ward shall consist of all that part of the city siiuate within a the following boundary lines, viz : Beginning at the intersection of the western line of Holzgrafe’s Enlargement with the northern boundary line of the city ; and running thence by the said west line of Holzgrafe’s Enlargement and the west line of 40 314 GENERAL ORDINANCES the Northern Enlargement to Ann street; thence by Ann street to Ninth street; thence by Ninth street to Division street ; thence by Division street to Eighth street ; thence by Eighth street to the Canal ; thence by the Canal to the eastern boundary line of the city ; and thence by the eastern and northern boundary lines of the city to the place of beginning. WILLIAM H. WALKER, Mayor, Attest : A, M, McGriff, Clerk. AN ORDINANCE to regulate and license drays, wagons, carts, hacks, car- riages and other wheeled vehicles which may be kept in the city of Evans- ville to be hired or used for hire or reward. [Passed July 26, 1859.] (Published and in force J uly 28, 1859.) 1. All vehicles to be numbered. 2. Vehicles to be classified. 3. Vehicles to be reported and license paid. License, how issued ; metallic plate furnished. 4. Register, how kept, and what it shall contain. 5. Plates to be of different shapes, and changed annually, 6. Sales of vehicles to be reported and registered. 7. Price of license of first class. 8. Price of license of second class. 9. Price of license of third class, and when license to expire, 10, 11, 12, 13, 14 and 15. Penalty. 16. Repeal. Section 1 . Be it ordained by the Common Council of the City of Evansville , That from and after the passage of this ordinance, every dray, wagon, cart, hack, carriage or other wheeled vehicle which may be kept within said city to be hired or to be used for hire or reward, shall be numbered, registered and licensed according to the requirements of this ordinance. Sec. 2. The vehicles mentioned in the first section of this ordinance shall be classified as follows, to-wit : All wagons and other four-wheeled vehicles used for the transportation of freight or property, shall be des- ignated as Class No. 1 ; all carts, drays and other two- CITY OF EVANSVILLE. 315 wheeled vehicles used for the transportation of freight or property, shall he designated as Class No. 2 ; and all two-horse hacks, carriages and other wheeled vehicles used for the transportation or carriage of persons or passengers, shall be designated as Class No. 3. Sec. 3. It shall be the duty of the owner, keeper or possessor of any vehicle contemplated by the first sec- tion of this ordinance, to report the same to the City Clerk, in order that the same may be registered, and he shall thereupon pay into the city treasury the price of a license for such vehicle, and take the Treasurer’s receipt therefor, and file it with the Clerk, who shall charge the Treasurer with the amount of such receipt, and upon the filing of the receipt, the Clerk shall make out and attest a license in pursuance of such receipt, which license shall be signed by the Mayor, and sealed with the seal of the city. The Clerk shall also deliver to the person applying for and receiving the license, the number of his vehicle, which shall be painted on a metallic plate, which plate shall be attached to the vehicle licensed, in some conspicuous part, in such man- ner as to render the number distinctly visible. Said license shall state the number of the vehicle, the class to which it belongs, the name of the person to whom the license was issued, and the time when it will expire. Sec. 4. The Clerk shall keep a register, in which he shall enter, at the time of issuing each license, the number of the vehicle, the class to which it belongs, the price paid for the license, the name of the person to whom the license issues,' and the time when it will expire. Sec. 5. The metallic plates to be furnished by the Clerk to the different classes of vehicles shall be differ- ent in shape, so that the plates furnished for one class may be readily distinguishable from those furnished for either of the other classes, and said plates shall be changed annually on the first Monday of August, so 316 GENERAL ORDINANCES that the plates furnished for one year shall not be used the next or any subsequent year. Sec. 6. Whenever any vehicle contemplated by the first section of this ordinance shall be sold or transferred, it shall be the duty of the person to whom it is sold or trans* ferred, to report the sale or transfer to the Clerk, who shall note the transfer in the register, and on the produc- tion of the license issued to the former owner or possessor, shall endorse on such license a memorandum of the trans- fer, and such endorsement shall continue the license in force in favor of the transferee until the expiration thereof. Sec. 7. The price of a license for any vehicle of Class No. 1 shall be one dollar for one month or any shorter pe- riod, three dollars for any period exceeding one month and not exceeding six months, and five dollars for any period exceeding six months and not exceeding twelve months. Sec. 8. The price of a license for any vehicle of Class No. 2 shall be one dollar for one month or any shorter period, three dollars for any period exceeding one month and not exceeding six months, and five dollars for any period exceeding six months and not exceeding twelve months : Provided , That each cart shall be charged one- half the above rates. * -Sec. 9. The price of a license for any vehicle of Class No. 3 shall be as follows, to- wit: For an omnibus, six dol- lars for six months or any shorter period, and ten dollars for any period exceeding six months and not exceeding twelve months; for a two-horse hack or cab, or any other vehicle of Class No. 3, four dollars for six months or any shorter period, and seven dollars and fifty cents for any period exceeding six months and not exceeding twelve months ; and no license shall be granted under this ordi- nance to run beyond the first day of August next suc- ceeding the issuing thereof : Provided , however , That li- censes may be taken out at any time in July, to commence and take effect on the first day of August ensuing ; And -The proviso in the eighth section repealed. See post. CITY OF EVANSVILLE. 317 provided , also , That the provisions of this ordinance shall not be construed to embrace or include buggies and other one-horse vehicles having only a single seat and kept by livery-stable keepers to be hired out and used for trips or journeys out of the city. Sec. 10. Any person or persons who shall keep or use for hire or reward within the city of Evansville, any ve- hicle contemplated by the first section of this ordinance, without having procured a license therefor according to the requirements of this ordinance, shall for every such offense forfeit and pay any sum not less than five dollars nor more than twenty-five dollars. Sec. 11 , Every person who shall fail or neglect to at- tach to and keep upon any licensed vehicle contemplated by this ordinance the metallic plate which may be fur- nished to him bv the Clerk, so that the number of such vehicle may be conspicuously visible, shall for every such offense forfeit and pay any sum not less than three dollars nor more than ten dollars. Sec. 12. Any person or persons who shall purchase or have transferred to him or them any vehicle licensed under this ordinance, and who shall keep or use the same for hire or reward within the city, without report- ing the transfer to the City Clerk, and having the license which may have been issued to the former owner or possessor endorsed as required by this ordinance, shall for every such offense forfeit and pay any sum not less than one dollar nor more than five dollars. Sec. 13. Any person or persons owning or possessing any vehicle licensed under this ordinance, who shall, after the first day of August in any year, suffer or per- mit the metallic plate of the previous jear to remain upon or attached to such vehicle, shall for every such offense forfeit and pay any sum not less than three dol- lars nor more than ten dollars. Sec. 14. Any person or persons who shall remove the metallic plate from any licensed vehicle, and place it on an unlicensed vehicle, shall for every such offense for- 318 GENERAL ORDINANCES feit and pay any sum not less than five dollars nor more than fifteen dollars. Sec. 15. Any person or persons who shall place upon any vehicle requiring a license under the provisions of this ordinance, a spurious or counterfeit metallic plate, shall forfeit and pay any sum not less than ten dollars nor more than twenty-five dollars. Sec. 16. All ordinances to regulate and license ve- hicles heretofore passed and now in force, are hereby repealed, but this repeal shall not invalidate any license heretofore issued under such ordinances, and all offenses heretofore committed against such ordinances may be punished as if this ordinance had not been passed. W. BAKER, Mayor. Attest : P. Burke, Clerk. AN ORDINANCE supplemental to an ordinance passed July 26, 1859, enti- tled l, An ordinance to regulate and license drays, wagons, carts, hacks, carriages and other wheeled vehicles which may be kept in the city of Ev- ansville to be hired, or used for hire or reward. [Passed September 20, 1859.] (Published and in force September 22, 1859.) 1. Price of cart licenses. 27“Alternate cart license, how issued. 3. Penalty. Section 1 . Be it ordained by the Common Council of the City of Evansville , That the proviso in relation to the price of license for carts contained in the eighth section of said ordinance of July 26, 1859, be and the same is hereby repealed; and hereafter each cart or other wheeled vehicle of ' Class Ko. 2 shall be charged for license the price designated in the body of said eighth section. Sec 2. Whenever any person shall have taken out or shall hereafter take out a license or licenses for one or more drays, such person may obtain a special license or CITY OF EVANSVILLE. 319 licenses for an equal number of carts, by paying twen- ty-five cents for every such cart license, but every cart so licensed shall be designated as the alternate of some particular dray owned by the same person, the number of -which dray shall be designated in the special license of such cart, and such special license shall only author- ize the use of such cart when and during such times as its alternate dray shall be idle, and such special license of such cart shall expire at the time of the expiring of the license of such alternate dray. Sec. 3. Any person who shall use, or suffer or permit to be used, any cart for which such special license shall have been obtained, during the same time that the alternate dray mentioned in such special license shall be employed or be in use, shall for every such offense forfeit and pay the penalty prescribed by the tenth section of said ordinance of July 26, 1859. W. BAKER, Mayor. Attest : P. Burke, Clerk. AN ORDINANCE to provide for the inspection and weighing of Cotton, and appointment of an Inspector thereof. ♦ [Passed November 30, 1868.] 1. Appointment of Inspector and oath of office. 2. Duty of Inspector. Section 1 . Be it ordained by the Common Council of the City of Evansville , That there shall be appointed, an- nually, in May, by the Common Council of said city, an Inspector of Cotton, who shall hold his office for one year, and until his successor shall be appointed and qualified, and who shall, before entering upon the duties of his said office, take and subscribe an oath faithfullv, honestly and impartially to discharge the duties of his said office to the best of his skill and ability, which 320 GENERAL ORDINANCES oath shall he filed in the office of the City Clerk, who shall preserve the same on the files of said office. Sec. 2. That it shall be the duty of the Inspector of Cotton to properly inspect and weigh each bale or bag of Cotton upon the arrival and storage of the same within the city of Evansville, and to tare and mark the weight of each bale or bag in legible figures, where called upon and requested, by the owner or agent thereof, to do the same, and for each bale or bag of Cotton, so inspected by such Inspector he shall be allowed a fee of twenty-five cents, to be paid by the owner, agent or consignee thereof. Sec. 3. This ordinance shall take effect and be in force from and after its passage. WILLIAM II. WALKER, Mayor. Attest : A. M. McGriff, Clerk. -A-iPiPEiNriDrx: b : Containing the names of the officers of the Town (now City) of Evansville, from its commencement as a cor- poration until the year 1870-71, and other statistics. TOWN OF EVANSVILLE. The first meeting of the Board of Trustees of the Town of Evansville, was held on Saturday, the 20th day of March, A. D. 1819. OFFICERS OF THE CORPORATION. Trustees . — Hugh McGary, President ; Isaac Fairchild, Everton Kennedy, Alfred O. Warner, and Francis J. Bentley. Elisha Harrison, Secretary and Lister; John Conner, Treasurer; Alpheus Fairchild, Collector. Amount of taxes assessed for 1819, $191 28f. Extract from the minutes of March 20th, 1819 : Ordered that the following property be, and the same is, hereby considered subject to taxation for corporation purposes, and the lister of said corporation is hereby re- quired to list and make a return of the same to this Board within forty days, to- wit: real property in said corporation, qualified voters for Trustees in said corpora- tion , taverns, stores, groceries, grog-shops, ware-houses, drays, wagons, carriages of two wheels and upwards , carts, horses, ferries, and bound or hired servants of color* 41 322 APPENDIX B. 1820. — March 14th. Trustees. — John M. Dunham, President; Daniel F. Goldsmith, Presley Pritchett, William MilL, Jr., and John G. Chandler. James A. Boiss, Secretary; Alanson Warner, Treas- urer; George W. Lindsay, Collector. There was no record kept from June 13, 1820, until March 13, 1822. 1822. — March 13 th. Trustees .--Robert M. Evans, President; Robert Arm- strong, James Newman, Joshua V. Robinson, and Amos Clark. John W. Shaw, Secretary ; Daniel Avery, Jr., Treas- urer ; Alanson Warner, Collector. Amount of taxes assessed for 1822, $238 27-J. Clerk’s salary, $20 ; Treasurer’s salary $5 ; Asses- sor’s salary, $3. 1823. — March 18th. Trustees, — Robert M. Evans, President ; John W. Shaw, William W. Vernon, Amos Clark, and Joshua V 4 Robinson. Daniel Chute, Secretary ; Robert M. Evans, Treas- urer ; Nathan Rowley, Collector. Amount of taxes assessed for 1823, $246 81. Extract from the minutes, 1823, July 11 : u Ordered, that the ordinance prohibiting the firing of guns in the town of Evansville be suspended for thirty days ; Provided , That nothing herein contained shall justify any person in shooting except at dogs.” 1824. — March 20th. Trustees. — Amos Clark, President ; Charles I. Battell, Harley B. Chandler, Nathan Rowley, and Joshua V. Robinson. Joshua V. Robinson, Secretary ; John Conner, Col- lector. Valuation of real estate for 1824 : APPENDIX B. 328 Original Plan $21,681 00 Donation Enlargement 2,115 06 Upper Enlargement 2,690 00 Lower Enlargement 848 00 Total $27,734 00 From March 12, 1825, until January 28th, 1828, there was but one meeting of the Board of Trustees, viz : on the 14th of November, 1825, 1828. — March 20th. Trustees. — John Shanklin, President ; John Conner, Alanson Warner, Jav Morehouse and William Lewis. Jay Morehouse, Secretary; John Conner, Treasurer; John B. Stinson, Collector; Horace Dunham, Lister. Amount of taxes assessed for 1828, $107 28'J. 1829. — June 8th. Trustees. — John Shanklin, President; John Conner, William Lewis, Alanson Warner* and Jay Morehouse. f *1829. — June 80th. — John B. Stinson elected Trus- tee in the room, of Alanson Warner, resigned. fl829. — August 5th. — Alexander Johnson elected Trustee in the room of Jay Morehouse, resigned. Jay Morehouse, Secretary ; A. M. Phelps, Collector. Amount of taxes assessed for 1829, $149 70f. 1830. — April 1st. Trustees. — John Shanklin, President; Alexander Johnson, John B. Stinson, William Lewis* and John Conner.*)* *1830. — May 13th.— Samuel Mansell elected Trustee in the room of William Lewis, resigned. fl830. — May 13th. — Nathan Rowley elected Trustee in the room of John Conner, resigned. Nathan Rowley, Secretary; Alexander Johnson Treasurer ; Alexander M. Barnes, Collector. Amount of taxes assessed for 1830, $155 15. 1831. — May 16th. Trustees. — Alanson Warner, President ; Alexander Johnson, Silas Stephens and Nathan Rowley — one vacancy. 324 APPENDIX B. Nathan Rowley, Secretary; Edward Hopkins, Col- lector; Alexander Johnson, Treasurer. Amount of taxes assessed for 1831, §116 27J. 1832. — J une 4th. Trustees . — Alanson Warner, President ; Alexander Johnson, Silas Stephens, John Mitchell and W. T. T. Jones. W. T. T. Jones, Secretary; Alanson Warner, Treas- urer; Edward Hopkins, Collector; Richard Jenkins, Harbor Master. 1833. — March 16th. Trustees. — Nathan Rowley, President ; Silas Ste- phens, Francis Amory, John Lockwood and Marcus Sherwood. Francis Amory, Secretary; John M. Lockwmod, Treasurer ; Edward Hopkins, Collector. Amount of taxes assessed for 1833, §179 32. 1834. — March 19 th. Trustees. — John M. Lockwood, President ; William Trafton, John Mitchell, A. P. Hutchinson and Francis Amory. Francis Amory, Secretary ; Horace Dunham, Treas- urer; Joseph Neely, Collector. 1835. — May 22d. Trustees. — Amos Clark, President; Alanson War- ner, James Cawson, William M. Walker and Marcus Sherwood. Janies Cawson, Clerk; Nathan Rowley, Treasurer ; Thomas Jefferson Ham, Collector ; James Lockhart, Surveyor. Amount of taxes assessed for 1835, §471 67J. 1836. — June 10th. Trustees. — Amos Clark, President; William* Mc- Knitt, 1st ward; James Lockhart, 2nd ward; John M. Lockwood,* 3rd ward; Edward Hopkins, 4th ward; Amos Clark, 5th ward. APPENDIX B. 325 *1836, — August 15th. — A. P. Hutchinson appointed Trustee for the 3rd ward, in the room of John M. Lock- wood, resigned. James Lockhart, Clerk ; Nathan Rowley, Treasurer ; Isaac Hutchinson, Collector. Amount of taxes assessed for 1836, $1,208 81J. 1837. — June 7th. Trustees . — Robert M. Evans, President ; James Lockhart,f 1st ward ; Robert M. Evans, 2d ward ; Wil- liam Walker,* 3rd ward; Edward Hopkins, 4th ward; Abraham B, Coleman, J 5th ward. *April 7th, 1838. — John Douglas, appointed Trustee for the 3rd ward, in the room of William Walker, re- signed. f April 10th, 1838. — Thomas F. Stockwell appointed Trustee for the 1st ward, in the room of James Lock- hart, resigned. JApril 10th, 1838. — Francis Amory appointed Trus- tee for the 5th ward, in the room of A. B. Coleman, re- signed. Joseph Bowles, Clerk; James Cawson, Treasurer; John S. Hopkins, Collector ; Amos Clark, Attorney. Value of real and personal property assessed in 1837, $863,675 00. Amount of taxes assessed in 1837, viz : General levy 82,261 48% Special levy 1,004 43 Total 83,266 06% 1838. — June 8th. Trustees . — Alanson Warner, President; Abraham B. Coleman, 1st ward; Alanson Warner, 2nd ward; John Douglass, 3rd ward; Jerome B. Lanphear, 4th ward; George B. Walker, 5th ward. Joseph Bowles, Clerk, until October 2nd, 1838. Benjamin F. Dupuy, Clerk, after October 2nd, 1838. Joseph Bowles, Assessor; James Cawson, Treas- urer; Joseph Bowles, Collector; H. P. Woodward, Sur- veyor. 326 APPENDIX B. Census, April 24th, 1838: Whites, males 567, females 621 1,188 Blacks, males 24, females 16 40 Total population 1,228 Yalue of real and personal property assessed in 1838, $928,725. Amount of taxes assessed for 1838, $3, 219 75. 1839. — June 5th. Trustees . — Alanson Warner, President; Abraham B. Coleman, 1st ward; Alanson Warner, 2nd ward; John Douglass, 3rd ward; Henry C. Gwathmey, 4th ward; Dr. George B. Walker, 5th ward. Benjamin F. Dupuy, Clerk; Benjamin F. Dupuy ? Assessor; James Cawson, Treasurer; Mason O. New- man, Collector until June 12th, 1839; Edward Hopkins, Collector after June 12th, 1839. Value of real estate assessed in 1839 $654,829 00 Value of personal estate assessed in 1839 185,125 00 Total $839,954 00 Amount of taxes assessed in 1839, $2,099 88 1840. — June 2nd. Trustees . — John Mitchell, President until June 22nd, 1840. „ Nathan Rowle}^ President after June 22nd, 1840. John S. Hopkins, 1st ward; Marcus Sherwood, 2nd ward; John Mitchell, 3rd ward ; Frederick E. Good- sell, 4th ward; Nathan Rowley, 5th ward. Benjamin F. Dupuy, Clerk; Benjamin F. Dupuy, Assessor; James Cawson, Treasurer; Benjamin F. Du- puy, Collector; W. T. T. Jones and James G. Jones ? Attorneys; Thomas Gedney, Marshal. Value of real estate assessed in 1840 $599,296 00 Value of personal estate assessed in 1840 245,310 00 Total $814,606,00 Amount of taxes assessed in 1840, $4,065 93, Number of inhabitants in 1840, 2,121, 1841. — June 11th. APPENDIX B. 327 Trustees . — G. M. Griffith, President until July 10th 1841. Nathan Rowley, President after July 10th, 1841. William M. Walker, 1st ward; Willard Carpenter, 2nd ward; C. M. Griffith,* 3rd ward; Frederick E. Goodsell, 4th ward; Nathan Rowley, 5th ward. *1841, November 13th. — John Mitchell appointed Trustee for the 3rd ward, in the room of C. M. Griffith, resigned. Frederick E. Goodsell, Clerk; Benjamin F. Dupuy, Assessor; Nathan Rowley, Treasurer; Thomas Gedney, Collector; Thomas Gedney, Marshal; William M. Wal- ker, Surveyor. Value of real estate assessed in 1841 $561,675 00 Value of personal estate assessed in 1841 164,900 00 Total $726,575 00 Amount of taxes assessed in 1841, $3,051 07. 1842. — June 7th. Trustees . — William M. Walker, President; Wil- liam M. Walker, 1st ward; Jacob Hunnel, 2nd ward; Thomas F. Stockweli, 3rd ward ; Samuel Orr, 4th ward; John M. Stockweli,* 5th ward. *1842, October 15th. — Lewis Howes appointed Trus- tee for the 5th ward, in the room of John M. Stock- well, resigned. John M. Stockweli, Clerk; Benjamin F. Dupuy, Assessor; Samuel Orr, Treasurer; James T. Walker, Collector; Conrad Baker, Attorney ; William M. Wal- ker, Surveyor. Yalue of real and personal property assessed in 1842, $542,811 00. Amount of taxes assessed in 1842, $1,843 11. 1843. — June 6th. Trustees . — William M. Walker, President until August 26th, 1843. John Henson, President after August 26th, 1843. William W. Walker 1st ward; Jacob Hunnel, 2nd ward; Yarner Satterlee, 3rd ward; John Hen- 828 APPENDIX B. son, 4th ward ; Lewis Howes, 5th ward; Thomas M. Archer, 6th ward. John M. Stockwell, Clerk ; Kichard Jenkins, As- sessor; Samuel Orr, Treasurer ; James T. Walker Col- lector; Conrad Baker, Attorney; James T. Walker, Marshal ; William M. Walker, Surveyor. Value of real and personal property assessed in 1843, $552,900 00. Amount of Taxes assessed in 1843, $1,935 25. 1844. — June 4th. Trustees . — Samuel Orr, President ; William M. Walker? 1st ward ; Jacob Hunnel, 2nd ward; Varner Satterlee, 3rd ward; Stephen Childs, 4th ward ; Joseph P. Elliott, 5th ward; Samuel Orr, 6th ward. John M. Stockwell, Clerk until October 19th 1844. John H. Kikendall, Clerk after October 19th, 1844* Horace Dunham, Assessor; Samuel Orr, Treasurer? Thomas M. Archer, Collector; John H. Kikendall, Attorney; Thomas M. Archer, Marshal; William M- Walker, Surveyor. Value of real and personal property assessed in 1844, $555,200 00. Amount of taxes assessed in 1844, $1, 323 24. 1845. — June 3rd. Trustees . — James Laughlin, Jr., President; John M. Stockwell, 1st ward; Jacob Hunnel, 2nd ward; John Mitchell, 3rd ward; John J. Chandler, 4th ward; Lewis Howes, 5th ward ; James Laughlin, Jr., 6th ward. John H. Kikendall, Clerk; Z. B. Aydelott, Asses- sor; James Laughlin, Jr., Treasurer; George W. Amory, Collector; John H. Kikendall, Attorney; George W. Amory, Marshal; William M. Walker, Sur- veyor. Value of real estate assessed in 1845 8387.882 00 Valu^ of personal estate assessed in 1845 99,565 00 Total 8487,447 00 * Amount of taxes assessed in 1845, $3,530 22. APPENDIX B. 329 1846.— June 3rd. Trustees— John M. Stockwell, President ; John M. Stockwell, 1st ward ; James G, Jones, 2nd ward ; Joseph P. Elliott, 3rd ward ; John J. Chandler, 4th ward ; Lewis Howes, 5th ward; John Onyett, 6th ward. John J. Chandler, Clerk ; Thomas E. Garvin, Asses- sor ; Samuel Orr, Treasurer ; Thomas M. Archer, Col- lector ; James E. Blythe, Attorney ; William M. Walker, Surveyor. Value of real estate assessed in 1846 $547,476 00 Value of personal estate assessed in 1846 270,585 00 Total. $818, 06L 00 Amount of taxes assessed for 1846, $3,386 89. ' CITY OF EVANSVILLE. INCORPORATED JANUARY 27TH, A. D. 1847. The first meeting of the Common Council of the City of Evansville was held April 12.th, 1847. James G. Jones, Mayor. Councilmen — L. L. Laycock, 1st ward ; Silas Steph- ens, 2nd ward; Willard Carpenter, 3rd ward; C. M. Griffith,* 4th ward ; L. Howes, 5th ward ; John Hewson, 6 th ward. *1847, Julv 24th. — Thomas Scantlin elected Coun- oilman of the 4th ward, in the room of C. M. Griffith, resigned. John J. Chandler, Clerk; Wm. Bell, Assessor; Samuel Orr, Treasurer ; Wm. Bell, Collector; James E, Blythe, Attorney; Wm. Bell, Marshal; Wm. M. Walker, Sur- veyor. Value of real and personal property assessed in 1847, $901,324 00. Amount of taxes assessed for 1847, $3,319 97. 42 330 APPENDIX B. 1848, March 7th. — Agreement made with John Mitchell, Marcus Sherwood and Moses Ross for the con- struction of the city wharf. 1848. — April 8th. James G. Jones, Mayor. Councilmen — J. M. Stockwell* 1st ward; Silas Stephens, 2nd ward; Willard Carpenter, 3rd ward; M. W. Foster, 4th ward; Isaac Hutchinson, 5th ward; Steph- en Childs, f 6th ward. ^August 14th, 1848. — James Steele elected Council- man of the 1st ward, in the room of J. M. Stock well, resigned. j-January 13th, 1849. — John Hewson elected Council- man of the 6th ward, in the room of Stephen Childs, re- signed. John J. Chandler, Clerk; William Bell, Assessor? Samuel Orr, Treasurer; William Bell, Collector; John J. Chandler, Attorney; William Bell, Marshal; William M. Walker, Surveyor; P. G. O’Riley, Wharf-master; W. H. Chandler, Chief Director of the Fire Depart- ment. Value of real estate assessed in 1848 $663,930 00 Value of personal estate assessed in 1848 397,560 00 Total i $1,061,490 00 Amount of taxes assessed for 1848, §3,623 97. 1849. — April 7th. James G. Jones, Mayor. Councilmen — James Steel, 1st ward; Conrad Ba- ker, 2nd ward ; Joseph P. Elliott, 3rd ward ; Philip Decker, 4th ward; Crawford Bell, 5th ward; John Hewson, 6th ward. John J. Chandler, Clerk; William Bell, Assessor; Samuel Orr, Treasurer; William Bell, Collector; John J. Chandler, Attorney; William Bell, Marshal; Wil- liam M. Walker, Surveyor; P. G. O’Riley, Wharf-master. Value of real and personal property assessed in 1849, §1,347,000 00. APPENDIX B. 331 Amount of taxes assessed for 1849, $6,139 00. 1850. — April 6th. James G. Jones, Major. Councilmen — Reuben B. Hart, 1st ward; John B. Hannah,* 2nd ward; William Hunnel, 3rd ward; Joseph P. Elliott, f 4th ward ; Philip Decker, 5th ward ; John T. Walker, 6th ward; John Henson, 7th ward; Bayles Bennett, 8th ward. ^December 7th, 1850. — James M. Parvin elected Councilman of the 2nd ward, in the room of John B. Hannah, resigned. fDecember 7th, 1850. — Thomas E. Garvin elected Councilman of the 4th ward, in the room of J. P. Elliott, resigned. John J. Chandler, Clerk; William Bell, Assessor; Soren Sorenson, Treasurer; William Bell, Collector; John J. Chandler, Attorney; John S. Gavitt, Marshal; William M. Walker, Surveyor until June 22nd, 1850; P. H. Woodard, Surveyor after June 22nd, 1850; P. G. O’Riley, Wharf-master until January 1st, 1851; John E. Taylor, Wharf-master after January 1st, 1851. Value of real and personal property assessed in 1850, $1,692,997 00. Amount of taxes assessed in 1850, $7,279 80. 1851. — April 12th. James G. Jones, Mayor. Councilmen — Crawford Bell,* 1st ward; Thomas Scantling 2nd ward; Silas Stephens, 3rd ward; Allen C. Hallock, 4th ward ; M. Gavisk, 5th ward ; Matthias Stohlhoefer, 6th ward; JohnHewson, 7th ward; Charles Harrington, 8th ward. *August 30th, 1851. — Joseph P. Elliottf elected Councilman of the 5th ward, in the room of Crawford Bell, resigned. fEovember 22nd, 1851. — John S. Hopkins elected Councilman of the 3rd ward, in the room of Joseph P. Elliott, resigned. 332 APPENDIX B. ^September 27th, 1851. — John M. App elected Coun- cilman of the 2nd ward, in the room of Thomas Scantlin, resigned. John J. Chandler, Clerk; William Bell, Assessor; Soren Sorenson, Treasurer; William Bell, Collector; John J. Chandler, Attorney; Joel F. Sherwood, Mar- shal until August 30th, 1851; George W. Glover, Mar- shal after August 30th, 1851 ; P. H. Woodard, Surveyor ; JohnE. Taylor, Wharf-master; Nathan Rowley, Record- er until August 17th, 1851 ; George H. Todd, Recorder after August 17th, 1851. Value of real and personal property assessed in 1851, $1,907,632 00. Amount of taxes assessed for 1851, $11,455 80. 1852. — April 10th. James G. Jones, Mayor. Councilrnen — John S. Hopkins, 1st ward; John M. App, 2nd ward ; Silas Stephens, 3rd ward ; E. H. De Garun, , rd; Richard Raleigh, 5th ward; Matthias Stohlhoefer,* 6th ward; John Hewson, 7th ward; Wil- liam Heilman, 8th ward. *July 30th, 1852. — Philip Decker elected Council- man of the 6th ward, in the room of Matthias Stohl- hoefor, deceased. John J. Chandler, Clerk ; George W. Glover, As- sessor ; Soren Sorenson, Treasurer ; William Hughes, Collector; John J. Chandler, Attorney; George W. Glover, Marshal ; P. H. Woodard, Surveyor; John E. Taylor, Wharf-master; John F. Crisp, Recorder. Value of real and personal property assessed for 1852, $2,056,160 00. Amount of taxes assessed in 1852, $16,564 20. 1853. — April 9th. John S. Hopkins, Mayor. Councilrnen — Allen C. Hallock, 1st ward; Francis A. Linck, 2nd ward; James Laughlin, Jr., 3rd ward ; E. APPENDIX B. 333 H. De Garmo, 4th ward ; Richard Raleigh * 5th ward ; ..Philip Decker, 6th ward; John Hewson, 7th ward; Boyd Bullock, 8th ward; John Farrell, f 9th ward; William Hunnel, 10i,h ward. # November 26th, 1853. — Dr. D. A. Farnsley elected Councilman of the 5th ward, in the room of R, Raleigh, resigned. •(■September 24th, 1853. — Reuben B, Hart elected Councilman of the 9th ward, in the room of John Farrell, resigned. George H. Todd, Clerk; George W. Glover, Asses- sor; Soren Sorenson, Treasurer ; William Bell, Collector; Conrad Baker, Attorney; John Ward, Marshal; P. H. Woodard, Surveyor ; John E. Taylor, Wharf* master until September 1st, 1853, P, G. O’Riley, Wharf-master after September 1st, 1853 ; John F. Crisp, Recorder. Value of real and personal property assessed in 1853, $2,537,965 00. Amount ot taxes assessed in 1853, $29,799 1854. — April 8th. John S. Hopkins, Mayor. Councilmen — James Steele, 1st ward; Francis A. Linck,* 2nd ward ; Silas Stephens, 3rd ward ; Joseph P. Elliott, 4th ward ; H. J. Hart, 5th ward ; Philip Decker, 6th ward ; James Roquet, 7th ward ; Henry D. Allis, 8th ward ; Richard Raleigh, 9th ward ; William Hunnel, 10th ward ; Michael Muentzer, 11th ward, ^September 13th, 1854. — James Scantlin, Jr., elected Councilman of the 2nd ward, in the room of F. A. Linck, deceased, George H. Todd, Clerk ; John J, Marlett, Assessor ; Soren Sorenson, Treasurer; John Farrell, Collector Conrad Baker, Attorney; John Ward, Marshal, P. H. Woodard, Surveyor; P. G. O’Riley, Wharf-master; John F. Crisp, Recorder. 334 APPENDIX B. Value of property assessed in 1854 : Real estate „ $1,635,948 50 Improvements 458,915 00 Personals 515,748 00 m ■ — - Total $2,610,611 50 Amount of taxes assessed in 1854, $37,331 83. 1855. — April 6th. John S. Hopkins, Mayor. Councilmen — James Steele, 1st ward ; James Scant- lin, Jr., 2nd ward ; Silas Stephens, 3rd ward; Joseph F. Elliott, 4th ward ; Christian Hedderich, 5th ward; Jacob Kron, 6th ward; James Roquet, 7th ward; Christian Kratz, 8th ward; Adin C. Pushee, 9th ward; William Hunnel, 10th ward; Michael Muentzer, 11th ward. Wellman H. Walker, Clerk; James Spaulding, As- sessor; Soren Sorenson, Treasurer; John Farrell, Col- lector; Conrad Baker, Attorney; Peter Burke, Marshal; James D. Saunders, Surveyor; P. G. O’Riley, Wharf- master ; John F. Crisp, Recorder. Value of property assessed in 1855 : Real estate $1,803,679 00 Improvements 364,905 00 Personals 839,900 00 Total $3,008,484 00 Amount of taxes assessed for 1855, $33,582 85. 1856. — April 12th. John Hewson, Mayor. Councilmen — Matthew W. Foster, 1st ward ; James Scantlin, Jr., 2nd ward; George W. Rathbone, 3rd ward; Varner Satterlee, 4 th ward ; Frederick W. Cook, 5th ward; Samuel Orr, 6th ward; Joseph Setchell, 7th ward; George Venneman, 8th ward ; Fielding Johnson, 9th ward; William Hunnel, 10th ward; Dennis Kin- ney, 11th ward. Wellman H. Walker, Clerk; James Spaulding, Assessor; Soren Sorenson, Treasurer; John Wesley Hughes, Collector; Conrad Baker, Attorney; James APPENDIX B. 335 B. Evans, Marshal ; James D. Saunders, Surveyor ; P. G. O’Rilejr, Wharf-master ; Bracket Mills, Recorder. Value of property assessed for 1856 : Real estate $1,823,375 00 Improvements 417,010 00 Personals 945,776 00 Total ...$3,186,161 00 Amount of taxes assessed for 1856, $43,353 94. 1857. — April 9th. John IIewson, Mayor. Councilmen — Matthew W. Foster,* 1st ward; James Scantlin, Jr., 2nd ward; William E. French, 3rd ward; Joseph P. Elliott, 4th ward ; Christian Hedderich, 5th ward; M. Mclnnerney, 6th ward; Joseph Setchell, 7th ward ; William In wood, 8th ward ; Bernard Hurre, 9 th ward; William Hunnel, 10th ward ; Michael Muentzer, 11th ward; Francis D. Allen, 12th ward; Dr. Matthew Muhlhausen, 13th ward ; Henry Schmutte, 14th ward : Victor Bisch, 15th ward ; William Warren, 16th ward ; Peter Sharpe, 17th ward ; Archibald G. Sullivan, 18th ward ; Thomas Redmond, f 19th ward. ^November 10th, 1857. — John S. Hopkins elected Councilman of the 1st ward, in the room of M. W. Foster, resigned. f August 8th, 1857. — Patrick Dolan elected Coun- cilman in the 19th ward, in the room of Thomas Red- mond, resigned. Wellman H. Walker, Clerk; Patrick Burke, As- sessor; Soren Sorenson, Treasurer; George Wolflin, Collector; Conrad Baker, Attorney; Edward S. Mar- tin, Marshal; James D. Saunders, Surveyor; P. G. O’Riley, Wharf-master; Bracket Mills, Recorder. Value of property assessed for 1857 : Lots. Improvements. Personals. Total. Evansville $1,827,762 00 $524,725 00 $954,463 00 $3,306,950 00 Lamasco 798,320 00 179,625 00 114,145 00 1,092,090 0.0 Grand total $4,399,040 00 336 APPENDIX B. Amount of taxes assessed for 1857 : Evansville $45,558 98 Lamasco . . 12,726 23 Total $58,285 21 1858. — April 10th. John Hewson, Mayor. Councilmen — John S. Hopkins, 1st ward; Dr. Hugh Ronalds, 2nd ward ; William Hubbell, 3rd ward ; Joseph P. Elliott, 4th ward ; William Emery, 5th ward; Thomas Redmond, 6th ward; Joseph Setchell, 7th ward ; Christian Miller, 8th ward ; Reuben B. Hart, 9th ward; William Hunnel, 10th ward; Michael Muentzer, 11th ward ; John S. Gavitt, 12th ward ; John A. Reitz, 13th ward ; Henry Schmutte, 14th ward ; Andrew J. Hutcheson, 15th ward ; Barney Cody, 16th ward ; Peter Sharpe, 17th ward; Archibald G. Sullivan, 18th ward ; Herman AVayland, 19th ward. Augustus Lemcke, Clerk; Patrick Burke, Asses- sor; Soren Sorenson, Treasurer; George Wolflin, Col- lector ; Conrad Baker, Attorney; Edward S. Martin, Marshal ; James D. Saunders, Surveyor ; P. G. O’Riley, Wharf-master ; Bracket Mills, Recorder. Value of property assessed for 1858 : Lots. Improvements. Personals. Total. Evansville $1,504,937 00 $753,465 00 $1,070,705 00 $3,329,107 00 Lamasco 646,062 00 217,620 00 177,245 00 1,040,927 00 Grand total $4,370,034 00 Amount of taxes assessed for 1858 : Evansville $37,945 26 Lamasco 8,915 94 Total $46,861 20 1859. — April 9th. William Baker, Mayor. Councilmen — Z. H. Cook, 1st ward ; Joseph P. Elliott, 2nd ward; Samuel Orr, 3rd ward; John S. Gavitt,* 4th ward; George Wolflin, 5th ward; Andrew J. Hutcheson, 6th ward ; Archibald G. Sullivan, 7th ward; Thomas Redmond, f 8th ward ; John IvinsonJ, 9th ward. APPENDIX B. 837 ^September 17th, 1859. — Augustas Kollenberg elected Councilman of the 4th ward, in the room of J. S. Gavitt, resigned. •(■October 15th, 1859. — John H. Roelker elected Councilman of the 8th ward, in the room of Thomas Redmond, resigned. '^February 18th, 1860. — William Mills elected Coun- cilman of the 9th ward, in the room of John Ivinson, resigned. Patrick Burke, Clerk; Thomas McAvoy, Assessor . Scren Sorenson, Treasurer; Peter Schmuck, Collector ; C. Baker and Foster, Attorneys ; E. S. Martin, Marshal ; James D. Saunders, Surveyor; P. G. O’Riley, Wharf- master ; John Smith, Street Commissioner; Horatio Q. Wheeler, William Hughes, Philip Hornbrook, School Trustees; James Fitzwilliams, Market-master Upper Market; Francis Schneider, Market-master Lower Market. Value of property assessed for 1859 : Lots. Improvements. Personals. Total. Evansville $1,765,312 00 $869,680 00 $1,170,733 00 $3,805,725 00 Lamasco 755,720 00 242,755 00 183,204 00 1,201,679 00 Grand total $5,007,404 00 Amount of taxes assessed for 1859: Evansville $41,277 97 Lamasco 10,266 90 Total $51,544 87 1860. — April 7th. William Baker, Mayor. Councilmen — Z. II. Cook, 1st Ward; John J, Chand- ler, 2nd ward; Philip Decker, 3rd ward ; J. G. Sauer, 4th ward; John Bischman, 5th ward; Joseph J. Reitz, 6th ward; Henry L. Dannetell, 7th ward; John H. Roelker, 8th ward ; George Foster, 9th ward. Patrick Burke, Clerk; John W. Henson, Marcus Sherwood, and Wrn. Dean, Assessors ; Soren Sorenson, Treasurer; Christian Hedderich, Collector; Conrad Ba- ker, Attorney; E. S. Martin, Marshal; James D. Saun- 43 338 APPENDIX B. ders, Surveyor; P. G. O’Riley, Wharf-master; John Smith, Street Commissioner ; H. Q. Wheeler, P. Horn- brook and Carl Schmidt, School Trustees. Value of property assessed for 1860 : Lots. Improvements. Personals. Total. Evansville $1,868,320 $974,685 $1,668,065 $4,511,070 Lamasco 798,080 320,385 290,240 1,408,705 Grand total $5,919,775 Amount of taxes assessed for 1860 : City Tax. Railroad Tax. Total. Evansville $35,665 72 $18,092 80 $53,758 52 Lamasco 12,185 89 12,185 89 Total Evansville and Lamasco $65,944 41 1861. — April 6th. William Baker, Mayor, Councilmen — William Hunnel, 1st ward; John J. Chandler, 2nd ward; Robert Fergus, 3rd ward; E. Q. Smith, 4tn ward ; John Hedderich, 5th ward ; Christian Miller, 6th ward; William H. Klusman, 7th ward; John A. Haney, 8th ward ; Michael Muentzer, 9th ward. Patrick Burke, Clerk; William Dean, Adrian Young and Marcus Sherwood, Assessors ; Soren Soren- son, Treasurer; Christian Hedderich, Collector; E. S Martin, Marshal; James D. Saunders, Surveyor; Z. H. Cook and Chester O. Davis, Wharf-masters ; John Smith, Street Commissioner; H. Q. Wheeler, Trustee; W. Baker, Superintendent of Public Schools. Value of property assessed for 1861 : Lots. Improvements. Personals. Total. Evansville $1,790,120 $1,020,775 $1,219,485 $4,030,380 Lamasco 741,960 359,875 253,455 1,355,295 Grand total $5,385,675 Amount of taxes assessed for 1861 : City Tax. Railroad Tax. Total. Evansville $25,991 28 $8,060 76 $34,052 04 Lamasco 9,923 77 9,923 77 Total Evansville and Lamasco $43,975 81 1862. — April 12th. William Baker, Mayor. Councilmen — William Hunnel, 1st ward; Joseph APPENDIX R. 839 P. Elliott, 2nd ward; Robert Fergus, 3rd ward; Jona- than Newman, 4th ward; John Hedderich, 5th ward; Rudolph Kehr, 6th ward ; Marcus L. Johnson, 7th ward ; John H. Roelker, 8th ward ; William Mills, 9th ward. Patrick Burke, Clerk; William Dean, Marcus Sherwood and Z. M. P. Carter, Assessors ; Anthony Behm, Treasurer ; Joseph J. Reitz, Collector ; E. S. Martin, Marshal; Henry Mursinna, Surveyor; J. T. Cox andF. M. Humphrey, Wharf-masters ; John Vogel, Street Commissioner ; H. Q. Wheeler, Trustee, and W. Baker, Superintendent of Public Schools. Value of property assessed in 1862 : Lots. Improvements. Personals. Total. Evansville $1,857,465 $1,173,515 $1,302,515 $4,333,495 Lamasco.... 763,255 404,975 198,400 1,366,630 Grand total $5,700,125 Amount of taxes assessed for 1862 : City tax. Railroad tax. Total. Evansville $32,345 19 $27,859 96 $60,205 15 Lamasco 11,196 06 6,106 04 17,302 10 Total Evansville and Lamasco $77,507 25 1863. — April 11th. William Baker, Mayor. • Councilmen — William Dean, 1st ward; Joseph P. Elliott, 2nd ward; J. A. Birkenbush, 3rd ward; Jona- than Newman, 4th ward; Henry Schmutte, 5th ward; Joseph Overell, 6th ward ; Adolph Hoelscher, 7th ward; Frederick W. Cook, 8th ward; William Mills, 9th ward. Adolph Pfafflin, Clerk; William H. Walker, John W. Green, and J. M. Gleichman, Assessors ; James Davidson, Treasurer; Wm. G. Boepple, Collector; Hiram Helson, Marshal ; James D. Saunders, Surveyor ; Chester 0. Davis and A. Tenvoorde, Wharf-masters ; John Vogel, Street Commissioner; H. Q. Wheeler, Trustee, and W. Baker, Superintendent of Public Schools. 340 APPENDIX B. Value of property assessed for 1863 : Lots. Improvements. Personals. Total. Evansville §2,135,950 §1,300,020 §2,497,690 $5,933,660 Lamasco 806,815 444,885 371,490 1,623,190 Grand total $7,536,850 Amount of taxes assessed for 1863: City tax. Railroad tax. Total. Evansville $4,8623 98 $29 518 56 $68,142 54 Lamasco 12,801 77 7,510 20 20,311 97 Total Evansville and Lamasco $88,454 51 1864. — April 8th. William Baker, Mayor. Councilmen — William Dean, 1st ward ; Samuel M. Archer, 2nd ward; G-. II. Schmits, 3rd ward; Willard Carpenter, 4th ward; John Hedderich, 5th ward; Jos- eph J. Reitz, 6th ward; A. G. Sullivan, 7th ward; Frederick W. Cook,* 8th ward; William Mills, 9th ward. *January 2, 1865. — John II. Roelker, elected Council- man of the 8th ward, in the room of F. W. Cook, re- signed. Adolph Pfafflin, Clerk; John Schubert, John G. Paine, and William Warren, Jr., Assessors; James Davidsop, Treasurer; William G. Boepple, Collector; Anthony Tenvoorde, Marshal ; A. T. Whittlesey, Sur- veyor ; Jonathan Newman and Frank Morris, Wharf- masters ; A. Kirkpatrick, Street Commissioner; II. Q. Wheeler, Trustee, and W. Baker, Superintendent of Public Schools. Value of property assessed for 1864 : Lots. Improvements. Personals. Total. Evansville $2,587,745 $1,634,225 $3,233,735 $7,455,705 Lamasco 789,500 534,605 445,170 1,769,275 Grand total $9,224,980 Amount of taxes assessed for 1864: City tax. Railroad tax. Total. Evansville $59,012 29 $15,900 36 $74,912 65 Lamasco 15,865 89 2,648 21 18,514 10 Grand total $93,426 75 APPENDIX B. 341 1865. — April 11th. William Baker, Mayor. Councilmen — William Bean, 1st ward ; Isaac Cassel- berry, 2nd ward ; Samuel Orr, 3rd ward ; William Heilman, 4tli ward ; Anton Helbling, 5th ward ; Jacob Showener, 6th ward; Henry Feldhacker, 7th ward; William G. Boepple, 8th ward; Wm. J. P. Mills, 9th ward. Alfred M. McGrifF, Clerk ; Henry Habenicht, Philip Euler, Jr., and Herman Junker, Assessors; James Davidson, Treasurer; John Schubert, Collector; An- thony Tenvoorde, Marshal ; A. T. Whittlesey, Surveyor ; William Green and Philip Klein, Wharf-masters; A. Kirkpatrick, Street Commissioner; Asa Iglehart, Isaac Casselberry, and Emil Bischof, Trustees, and E. J. Bice, Superintendent of Public Schools. Value of property assessed for 1865 : Lots. Improvements. Personals. Total. Evansville 53,318,945 $1,842,295 $4,117,635 $9,278,875 Lamasco.... 814,900 614,385 459,120 1,888,405 Grand total $11,167,280 Amount of taxes assessed for 1865 : City tax. Railroad tax. Total. Evansville $73,218 58 $28,358 82 $101,577 40 Lamasco 17,163 15 1,429 36 18,592 51 Grand total $120,169 91 1866. — April 9th. William Baker, Mayor. Councilmen— William Ilunnel, 1st ward ; William Dean, 2nd ward; Wm. J. P. Mills, 3rd ward ; John C« Smith, 4th ward ; William Heilman, 5th ward ; Joseph J. Reitz, 6th ward; John Miller, 7th ward; James W. Wiltshire, 8th ward; John Torrance, 9th ward. A. M. McGrift, Clerk; Philip Euler, Jr., Wm. Warren, Jr., and James L. Dunning, Assessors ; S. K. Leavitt, Treasurer; John Schubert, Collector; An- thony Tenvoorde, Marshal ; A. T. Whittlesey, Sur- veyor; Hiram Kelson, Recorder; William Green and 342 APPENDIX B. Philip Klein, Wharf-masters ; Asa Iglehart, Emil Bischof, and Isaac Casselberry, Trustees, and E. J. Rice, Superintendent of Public Schools. Board of Health — George B. Walker, M.D., Presi- dent; Madison J. Bray, M.D.; Oscar Kress, M.D.; Isaac Casselberry, M.D., Secretary ; W. Baker, ex. of. Value of property- assessed for 1866 : Real estate. Personals. Total. Evansville . $7,710,725 $5,010,810 $12,721,535 Lamasco 2,130,950 552,110 2,583,110 Grand total $15,304,645 Number of polls — 1866 : Evansville 2,060 Lamasco .......1,190 Total 3,250 1867. — April 8th. William Baker, Mayor. Councilmen — Jacob H. Miller, 1st ward ; William Bean, 2nd ward ; M. Muehlhausen, 3rd ward ; Fred. W. Cook, 4th ward; William Heilman, 5th ward; Joseph J. Reitz, 6th ward; William Kolle, 7th ward; James Wiltshire, 8th ward ; John Kraft, 9th ward. A. M. McGrifF, Clerk; Robert Rowland, Philip Euler, Jr., and Samuel Wittenbach, Assessors; S. K. Leavitt, Treasurer ; William G. Hazelrigg, Collector ; Philip Klein, Marshal; Charles B. Bateman, Surveyor; Hiram Kelson, Recorder; Wm. A. Daugherty and Wm. W. Williams, Wharf-masters ; Asa Iglehart, John W. Foster and Isadore Esslinger, Trustees, and Charles H, Butterfield, Superintendent of Public Schools. Value of property assessed for 1867 : Real estate. Personals. Total. Evansville $8,875,570 $4,012,765 $12,888,335 Lamasco 2,254,130 643,053 2,897,220 Grand total $15,785,555 Number of polls — 1867 : Evansville 2,55$ Lamasco 1,790 Total.. 4,34$ APPENDIX B. 343 1868. — April 15th, William II. Walker, Mayor. Councilmen- — H. E. Blemker, 1st ward; James Steele, 2nd ward; Samuel L. Jones, 3rd ward ; Henry Stockfleth, 4th ward; Henry Schriber, 5.th ward; John A. Reitz, 6th ward; William Kolle, 7th ward; John H. Roelker, 8th ward ; Henry Mesker, 9th ward. A. M. McGriff, Clerk; Paul Dennison, Thomas McKeever, and Jonathan Newman, Assessors; John D. Roche, Treasurer ; T. J. Gavisk, Collector ; Nathan Willard, Recorder; James D. Saunders, Surveyor; Edward S. Martin, Marshal; Charles Lauenstein, W. F. Parrett, and II. W. Cloud, Trustees, and A. M- Gow, Superintendent of Public Schools. Value of property assessed for 1868 : Real estate. Improvements. Personals. Total. $5,849,283 $3,800,825 $3,399,829 $13,099,937 1869. — April 12th. William H. Walker, Mayor. Councilmen— Albert Steinbach, 1st ward; John S. Hopkins, 2nd ward; Peter Semonin, 3rd ward; Samuel Orr, 4th ward; Michael Stumpf, 5th ward; John Hod* son, 6th ward; R. W. Steineker, 7th ward; James Wiltshire, 8th ward; Charles W. Doughty, 9th ward. A. M. McGriff, Clerk ; Samuel Wittenbach, Otto Pfafflin and John W. Collins, Assessors; Saunders B. Sansom, Treasurer; John Greek, Collector; Nathan Willard, Recorder; James D. Saunders, Surveyor; Christian Wunderlich, Marshal; Samuel P. Havlin and Phy. D. Viets, Wharf-masters; Charles Lauenstein, W. F. Parrett, and II. W. Cloud, Trustees, and A. M. Gow, Superintendent of Public Schools. Value of property assessed for 1869 : Real estate. Personals. Total. Evansville $10,702,810 $3,201,365 $13,904,175 Lamasco 2,379,720 637,345 3,017,065 Grand total $16,921,240 344 APPENDIX B. 1870. — April 11th. William H. Walker, Mayor.* Councilmen- — August Elies, 1st ward ; E. G. Van Riper, 2nd ward; M. Muehlhausen, 3rd ward; Henry Richardt, 4th ward ; Willard Carpenter, 5th ward ; Charles Schaum, 6th ward; Thomas Kerth, 7th ward; William Heilman, f 8th ward ; Chas. W. Doughty, 9th ward. *On the death of Mayor Walker, E. G. Van Riper was appointed by the Council Mayor ad interim , and served until IsTovember 12th, 1870, when William Baker was elected at a special election. ■fWm. Rahm, Jr., was elected January 10th, 1871, in place of Wm. Heilman, resigned. William Helder, Clerk; W. H. Elmendorf, Otto Pfafflin and C. C. Schreeder, Assessors; Samuel Bacha- rach, Treasurer; Wm. Maynard, Collector; Hathan Willard, Recorder; James D. Saunders, Surveyor; Christian Wunderlich, Marshal; John O’Meara and James S. England, Wharf-masters ; Charles Lauenstein, W. E. Parrett and II. W. Cloud, Trustees, and A. M. Gow, Superintendent of Public Schools; Chas. W. Doughty, Superintendent of Water- works. insriDimx ABATEMENT OF TAXES— PAGE. 135 ACTIONS'— How commenced, prosecuted, &c 20 ADJOURNMENT OF COUNCIL— By the Clerk 16 ADVERTISEMENT— Penalty for defacing or destroying 233 AGENTS, 863 TAX TITLES- PAGE Not void on account of irregularities 35 What will invalidate ... 42 How made , 40, 41 Real estate held by, may be redeemed 40, 41 TERRITORY ADJACENT— Maybe annexed, how 56, 84 THEATRE - (See Shows, Sunday, &c.) THREATS— Bribery, &c., at Election, penalty for... 14 THE VOTE- At city election 13 In Common Council 15 TOBACCO, &c.— Inspectors o 1 208 Wharfage on 193 TREASURER— Election of 42, 69 Duties, oath and bond 40, 41, 42, 43 To receive redemption money 43 Compensation of 53 Deputies of 55 TREES ON SIDE WALKS— Declared nuisances 213 TREES- Ornamental, &c .. 233 TRESPASSES ON PRIVATE PROPERTY— • 233 (see public grounds, wharves, streets, alleys, &c.) TRIAL AND JUDGMENT— (See practice,) 29 Before Mayor, mode of in certain cases 233 TRUSTEES OF SCHOOLS— Election of 116 TRUSTEES OF WATER-WORKS— Election and duties of 290 TRUSTEES OF CEMETERIES— Appointment and duties of 287, 288 U UNWHOLESOME MEAT- Provision?,