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1841 Local Acts-37-2
SEC. 2. That the said trustees, at their first meeting, after the
passage of this act, shall elect a president from their own body, whose
duty it shall be to preside at all meetings of the board, and preserve
order, put all questions, and upon an equal division of the board, give
the casting vote, and at the close of each meeting, shall sign the
minutes of the same; and the said trustees shall also at said meeting,
appoint all officers necessary to carry into effect the provisions of this
act, and make such compensation as to them shall appear reasonable
and right.
1841 Local Acts-37-3
SEC. 3. The said president and trustees of said town, and their
successors in office shall be, and the same are hereby declared to be a
body politic and corporate, with perpetual succession, by the name and
style of "the President and Trustees of the town of Cambridge City;"
and by their corporate name shall be able and capable in law and equity
to sue and be sued, plead and be impleaded, answer and be answered
unto, defend and be defended in any court of competent jurisdiction,
and shall have power to make, use, and have a common seal, and the
same to break, alter, and amend at pleasure; to ordain, order, establish,
and put into execution and effect such by-laws, rules and ordinances
necessary and proper for the benefit and convenience of the citizens of
said incorporated town; and shall also have power to adopt and put in
force such laws, ordinances and regulations as they shall deem
necessary for the police, good government, and order of said town
hereby incorporated, subject however to the restrictions limitations and
provisions hereinafter provided, and not inconsistent with the
Constitution and laws of this State, or the Constitution and laws of the
United States.
1841 Local Acts-37-7
SEC. 7. It shall be the duty of the President to sign all laws,
ordinances, and decrees of a public nature, and also to sign the records
of all their by-laws, and journals or minutes of their proceedings and at
the first meeting of the president and trustees after the taking effect of
this act, and after each annual election, or as soon thereafter as may be
convenient, they shall proceed to elect or appoint a Clerk, a Treasurer,
and Marshal, each of whom shall serve one year, or until their
successors shall be chosen and qualified; and they shall possess the
same qualifications as trustees, take a similar oath, and give bond and
security payable to the president and trustees, conditioned for the
faithful discharge of their duties respectively; and on failure to perform
all or any of the conditions of said bond, they and their securities shall
be liable to the suit of the president and trustees as aforesaid, who may
assign breaches upon the conditions of said bond or other cause, and
recover a judgment for any default in the discharge of the duties of
such officer, together with full costs, and ten per cent. damages
thereon, in any court having jurisdiction of the same, and on which
judgment there shall be no stay of execution.
1841 Local Acts-37-8
SEC. 8. The president and trustees shall have power to levy
annually, and collect a tax on real property not to exceed one percent.
on its valuation, exclusive of improvements; and on all shows,
exhibitions, or amusements, which may be exhibited for gain, not less
than three, nor more than ten dollars for each exhibition; and may levy
and collect a poll tax on all the male inhabitants, in said town over the
age of twenty one years, not to exceed one dollar, each; also they may
levy a tax on any specific article or articles of personal property; and
in addition to the above, the said president and trustees may levy and
collect a tax on real property not exceeding one half per cent. on its
valuation, either including or excluding improvements, at the discretion
of the said president and trustees, for the purpose of paying for, or
making any improvements on the Cambrige City Seminary, or for the
purpose of purchasing a fire engine, as the said president and trustees
may direct.
1841 Local Acts-37-9
SEC.9. The president and trustees shall have power to pass such
laws, ordinances, or decrees as may be nesessary to guard against
damage by fire; to organize fire companies, and govern the same; to
regulate the duty and conduct of the citizens of the town in relation
thereto; to regulate and govern the markets; to prevent the erection of
public nuisances, and remove the same; to declare what shall be
considered a public nuisance, and generally to enforce by proper
penalties, the observance of all laws and ordinances relative to the
police and government of said incorporated town.
1841 Local Acts-37-10
SEC. 10. The limits of the corporation shall extend to and embrace
the plat of the town of Cambridge, also the plat of the town of
Cambridge City, including the out-lots, with any addition or additions
which have been or hereafter may be made thereto, as the same is, or
may hereafter be entered on record, in the recorder's office of said
Wayne county; and for the purposes of good government, the removal
of nuisances, the suppression of gambling, horse racing, tippling, or
any other immoral conduct, the limits of said corporation shall extend
one mile from the bridge across West river, on the National road in said
corporation, in every direction. Provided, That no tax for corporation
purposes shall be levied or collected from persons residing without the
limits of the town plat."
1841 Local Acts-37-12
SEC. 12. The president and trustees shall, in the month of May in
each year, levy a tax on the property so listed and returned by said
lister, and appoint a collector, who shall take an oath and give bond and
security, to be approved of by the president and trustees, conditioned
that he will faithfully pay over all monies that may come into his hands
as collector to the treasurer of the corporation, or to such person as may
be authorized to receive the same; said collector shall hold his office
one year, unless sooner removed.
1841 Local Acts-37-13
SEC. 13. The president and trustees shall cause the clerk to make
out a fair list of all persons taxable with personal property and with real
property, its valuation, setting forth the owner's name, if known, the
amount of tax chargeable to each person, and the amount charged on
each article, and deliver the same to the collector on or before the first
day of June annually, and certify the amount of tax contained on such
list to the treasurer; such list so put into the hands of the collector,
certified by the president and attested by the clerk, shall be sufficient
authority for the collector to proceed to collect the same.
1841 Local Acts-37-14
SEC. 14. It shall be the duty of the collector to receive the amount
of taxes due from each individual, on or before the first day of July in
each and every year, and to account and pay the same over to the
treasurer immediately, and in all cases when the taxes assessed are not
paid by that time by any individual, it shall be the duty of the collector
to proceed and collect the same, by distress and sale of any of the
personal property of such delinquent, subject to execution, by the laws
of this State, by giving ten days notice of the time and place of such
sale, by advertisements set up in three of the most public places in said
incorporated town.
1841 Local Acts-37-15
1841 Local Acts-37-16
SEC. 16. In case the owner of any lot, or fraction of lot, so sold as
aforesaid, his, her, or their agent or attorney shall not pay the amount
of the purchase money with the per centum thereon as aforesaid, within
two years from the day of sale thereof, it shall be the duty of the
collector then in office to make a deed to the purchaser, his, her, or
their heirs or assigns, for such lot or fraction of lot, which deed
acknowledged and recorded agreeably to law, shall vest the right and
title to said real estate in the purchaser, his heirs or assigns, and divest
the owner or owners of any title thereto; and the assessment made on
such lot or lots shall be a lien on the same in the hands of any person
who may purchase the same at private sale; and no conveyance made
by the owner of such lot, after the time of such assessment, shall so
divest the owner thereof of the title to said lot as to interfere with the
claim of a purchaser under the provisions of this act: Provided, That in
all cases where lots are listed and the owner's name not known, such
sale shall be valid and good to the purchaser.
1841 Local Acts-37-17
SEC. 17. The collector may adjourn his sale from day to day, for
three days, and if, at the adjournment of his sale at any time, any lot or
lots should remain unsold for the want of buyers, he shall make return
thereof, and the amount of the tax and cost shall remain as a lein upon
such lot or lots, and shall be added to the next year's assessment,
together with one hundred per cent. thereon. The collector shall be
allowed a fee of fifty cents for each sale and certificate and the expense
of advertising the same.
1841 Local Acts-37-18
SEC. 18. It shall be the duty of the collector to make return of his
proceedings, and the sales made, to the clerk of the corporation, on or
before the first day of September, annually, and pay over to the
treasurer all moneys by him collected; at which time he shall furnish a
list of delinquents, for which he shall receive a credit, if deemed correct
and true.
1841 Local Acts-37-19
SEC. 19. All bonds, given by the officers of the corporation, and all
contracts entered into with the corporation, shall be in the name of the
"Presidents and Trustees of the town of Cambridge City," and all suits
commenced for the benefit of the corporation, or where the corporation
shall be defendant, shall be in the name of "the town of Cambridge
City," without setting forth the name of any member thereof.
1841 Local Acts-37-20
SEC. 20. It shall not be lawful for any person or persons, within the
bounds of the corporation, to sell any less quantity than one quart,
except for the use of the sick, of any spiritous liquors, foreign or
domestic, or keep what is commonly called a tippling house, unless
such person or persons shall, in addition to a license obtained from the
board of county commissioners, or the board doing county business,
obtain a license from the corporation, who is hereby authorized to grant
the same to such applicant for one year or less, at one time, on his, her,
or their paying into the treasury of the corporation, a sum not less than
three nor more than fifty dollars, at the discretion of the president and
trustees of said town. And if any person or persons shall sell any
spirituous liquors, or keep what is commonly called a tippling house,
contrary to the provisions of this act, he, she, or they, so offending,
shall, upon conviction thereof, in an action of debt, or on the case
brought by the president and trustees against the offender or offenders,
before a justice of the peace, or any court having jurisdiction thereof,
recover any sum of money, not more than twenty nor less than three
dollars, for any violation of this section; and shall, upon conviction
thereof by presentment or indictment, (in which indictment it shall not
be necessary to recite this act,) in any court of competent jurisdiction,
be fined in any sum not more than fifty nor less than three dollars for
the use of the county seminary. And for the better regulation of the
peace and good government of the town, the said president and trustees
are hereby authorized to pass and adopt laws or ordinances for the
suppression of immorality, intoxication, rioting, or whatever may
detract from the peace and good order of society; and for the purpose
of carrying into effect the provisions of this act, the said president and
trustees are hereby authorized to appoint a marshal for that purpose
who shall give bond, take an oath of office, and be a peace officer.
1841 Local Acts-37-21
SEC. 21. Whenever the owners of any lots on any street or section
of a street, shall be desirous of making any improvement on the same
by grading, gravelling, or paving said street or sidewalks thereof, or any
other improvement on said street or sidewalks, two-thirds of the owners
of lots on said street or sidewalks by themselves, their tenants, or
occupants thereof, representing two-thirds of the whole number of feet
on each side of said street or section thereof, or two-thirds of the whole
number of feet on one side of any sidewalk, and shall by petition
represent to the president and trustees of said incorporation, plainly and
distinctly, the improvement wanted or contemplated to be made, it shall
be the duty of the president and trustees to cause the same to be done
in the best and most economical manner agreeably to the wish of said
petitioners. And the expense of such improvement shall be assessed
and levied on all the lots fronting on said street or sidewalk, equal
[equally] per foot, for the distance such improvement may be intended
to extend, which assessment and levy from the time of making the
same, shall be and remain a lien upon said lot or lots, until the amount
so assessed and levied shall be fully paid and discharged. It shall be the
duty of the clerk of the corporation, to enter such petition on record,
with the petitioners' names, the number of feet front owned or
represented by each, and shall make out and deliver to the collector of
the corporation, a list of the owners' names, the number of feet front
owned by each individual, the rate of expense on each lot for such
improvement, and the whole amount assessed and levied on each lot or
fraction of lot; which list, signed by the president and certified by the
clerk, shall be sufficient authority for said collector to proceed and
collect the same; and if the owner or occupant of any lot or part of a lot,
shall neglect or refuse to pay the amount so assessed and levied, for the
space of three months after such levy, the collector shall proceed to
collect the same by sale of such lot or part of lot, or so much thereof,
as will pay the amount so levied; and in such sale and conveyance to
the purchaser thereof, he shall in all respects be governed by the
fifteenth and sixteenth sections of this act; and the first of redemption
shall be the same as is provided by the fifteenth section of this law.
And if any such lot or fraction of lot shall not sell for want of buyers,
or any other legal cause, the same may be re-offered by such collector,
from time to time, until the same shall be sold, adding the costs that
may accrue at each time, for advertising, &c.; and the collector shall be
entitled in addition to the cost of advertising, to the same fee for such
sale as he is allowed in the seventeenth section of this act for making
sale and certificate; and for making a deed to any real estate, sold under
the provisions of this act, the collector making the same, shall be
allowed fifty cents, and twenty-five cents for having the same
acknowledged, to be paid by the person receiving said deed.
1841 Local Acts-37-22
SEC. 22. All laws and ordinances passed by the president and
trustees, of a public nature, shall be published either in a newspaper
printed in the town, or by setting up in five of the most public places in
the corporation, written copies thereof, ten days before the same shall
be in force. And it shall be the duty of the president and trustees in the
month of March, in each and every year, to cause a full statement of all
receipts and expenditures for the past year to be published, by posting
up two copies thereof, in two public places in the corporation, or by
publishing the same in some newspaper printed in town.