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eV.c.:nyAn act to amend an act entitiad 41 on act to Incorporate the town of Indianapolis” approved February 17th, 1833.n9- 8ee. Jat Be it enacted by the General AwmWy of the State of Indiana. That at the next election for Common Councilman, the Common Councilman for tho first, third and fifth wards shall bo elected for the terra of two reira, and too** in lbe,«ccond, fonh and aixtb words ahall be ** lectedfor Q30 jaar, md at the succeeding tlcctfosf tho Common Council for the second, fourth aud with ward* »Wl be elected for two y core. And after said election said firat, fbiid and fifth wards, and' said second fourth and sixth wards shall alternately, every other year elect for two year*, an that only oae half of said Common Council* wen fitiall go out of office oouualiy.Sec. 2. Wh*o*?er any person ihaJI be d*j}n09 of changing any, or vceating any street or alley In the town o Judianapo is he shall 3m apply to the Board of Com* raon Council' sod if they refuse said application, said street or alley shall noi be vacabt! or changed, but if said Board shall \t of opinion that astd strut or alley should ba Tcertted or changed, said applicants may petition tb* General Assembly to vacate or change said street or alley. Provided, That each application for such ration or change of such street or alley .dull be j.ubiahed at least three weeks in some newspaper published in the town of Indianapolis, *j*cifymg the vacation or alteration intended to bo petitioned for,Ser. 3rd, The printed orders and ordinances of tho Common Council filed in a book kept for that purpose, by the clerk thereof, shall be prima facia evidence that the •sme ha# been adopted according to law.8cc. 4 b. The members of the Commoo Council ahall each be allowed the suin of twenty-four dollars per annum., for their services, Provid*d, That should any member absent himself from any meeting of the Boa/d after baring notice thereof without rendering sufficient excuse to the Board fir such absence, one dollar of his said pay shall bo withheld for each meeting he msy be so absent.See. 5th, Tire said Commo/i Council shall have authority to levy a tax not exceeding twenty dollar* per. day on licence to *ell at au* tion in raid town any goods, ware* or merchandise which ahall not have been previously ofltfrtrd for sale in /»aid torrn at /east three months, Prov tied, That all sales at suction by executors, administrators or public officer* in discharge of their duties as required t*y law, and all articles of the growth or manufacture of Marion County, aod oil articles ufhousehold ,p/up* eriy, horses, cattle, hogs, sheep, or other live stock ox farming utensils, which may be offered at public sate, •hall he permitted without such license. And should any person or pmons sell or cause to he sold at auction as *-foresail) (other than os above excepted) any goods, wares, or merchandise without having first obtained such license, he sfi'* or they sb 1 far each offirnce fotfoif and psy the sum of thirty dollars to be recovered in an action ofdebtlefore tha President of the Common Council, Provided, Nothing In tbia act shall be construed os to flffoct the salt* of any goods, wares, or merchandise being cold at any regularly licenced auction room by any auctioneer of said city* so licenced as aforesaid, bcc,^ 6ih. No member of the Common Council shall be eligible to hob! any office of trust or profit, the appoint ment to which is vested in the Common Council.Pec. 7th. That no appropriation or allowance of any of the funds of the corporation ahall be made without tho consent of at least four member#, the President and fitb members being present and voting at the time of making such appropriation or allowance.Sec. 8th. That the soignor member of tho Common ! Council shall on the death or resignation of the President') have, hold,and execute, the several offices annexed by tbe j by the act of incorporation to which this is amendatory, to J the President until another President*'* appointed by tho j Common Council, which appointment ahall be made with-o j out any unnecessary delay. And in cats of the caauil “ ; absence of the President the senior member of the Com* f tnon Council shall fill the office of President pro tem.9 and ~ j he in every rrspect the President during such absence of .. i tho President.Sec. 9th« That no person shall l»o deemed aligiblu llt; tho office of Common Councilman unless ho shall ho i householder wiiliin tho bounds of said incorporation, ant be at the time of his election ^resident of the carporatioi proper, and in case of tho removal ofibc President or Com moo Councilman, out of the bounds of the rnlot# of s*ic town his office shall thereby be vacated, and the remove of a Common Councilmen from th* bounds of the wart - j for whicn he was elected shall vacate hii office, and a m □ j j°rity of the remaining Common Councilmen shall pro j cted to another election to fill tho vacancy, in the wan | vacated. The vacancy in the office of President shall bi . i Cited by the Common Counci (men until the next enuaa 8 election, but the person by them appointed shall not blt; . one of their own number.- Sec. 10th. One judge of the election in each ward oi one of the clerks thereof only sbatf be necessary to bt present to count and compare vote* given at any ateefto** j of officers of said corporation and to sign certificate* for tin , jj election of any such officers.Sec. 11th, I’he Common Cou nc if shall have poweiju their corporate capacity of enforcing ihs act ot the General Assembly entiled, '‘An act concerning free ne grocs, end mulatoc^, servant® and alaves. atroruvfir Pebfuary 10th. 183 U ™This act to be ia force from and after its passage.)! J. G. READ,rt Speaker of the Hoaio of Rfp’t.* DAVID HILLIS,r President ef the Senate.■ Approved February 22th, 1840.J DAVID WALLACE' r w*ii* t w q INDIANA' ToW* I, William J. Brown, Secretary of State,for the Siaaforesaid, do hereby certify that the foregoing ia * in « C0P7 o: the original act now on fife iVaiY office.J I« 1 nunorxy whereof 1 have hereunto *et my hand *i affixed the seal of the Stole, at Indian apoli*, ifiU 27day of February, 1840.W., J. BROWN, Sectary.
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