Such Town or enforcing the by-laws and ordinances of said town. Marshals shall have, in addition to powers they now possess, the jurisdiction and powers of Constables in their respective counties, and shall be entitled to the same fees as Constables while acting as Constables. [As amended, 1889 S., p. 40. In force February 25, 1889. I. The marshal of a town may arrest offenders on view. fast-driving is valid.— Nealis v. Hayward, 48 Ind. 19. An ordinance against 2. Boards of trustees have incidental power to employ counsel to defend an action brought against the marshal, by one arrested by him for a violation of a town ordinance. A claim for services rendered under such employment may be enforced in an action against the town.-Cullen v. Town Carthage, 103-197. 3. Trespass in tearing down and removing portions of a fence inclosing land. That the ground was an alley in an incorporated town, that the fence obstructed public travel thereon and that defendants, as marshal and deputy marshal of the town, moved the fences is no defense, on demurrer.- Bidinger v. Bishop, 76-247. 4. The marshal may be, but the street commissioner is, an appropriate officer to execute the orders of the board of trustees as to removing obstructions from alleys.- Bidinger v. Bishop, 76-248. 3328. Powers of Trustees as to streets. 43. The Board of Trustees shall superintend the grading, paving, and improving of streets, and the building and repairing of sidewalks: 1. The constant and exclusive use, by a railroad company, of part of a street for a right-of-way, can not ripen into absolute ownership.-I., P. & C. R. R. Co. v. Ross, 47 Ind. 25. See section 3357. 2. The board of trustees may fix the grade of streets and require the owners of lots to conform thereto in constructing sidewalks.- Burr v. Newcastle, 49 Ind. 322. 3. An ordinance establishing the grades of certain streets in a town is not void for uncertainty, if the grades so established can be ascertained without difficulty. Burr v. Newcastle, 49 Ind. 322. [1893 S., p. 293. In force March 13, 1893.] 3328a. Trustees may appoint deputy marshals. 1. Boards of trustees of incorporated towns are hereby authorized and empowered to appoint deputy marshals, not exceeding in number one for each ward of such town, and said deputy marshals shall possess the powers and be subject to the liabilities possessed and conferred by law upon constables in executing the orders of the board of trustees or enforcing the by-laws and ordinances of such town. 3328b. Bond and compensation. 2. The board of trustees shall regulate the amount of bond, the compensation and the term of service of said deputy marshals, and they shall be subject to the order of the marshal of such town, under the general direction and control of the board of trustees. 1. If a person is arrested by the marshal of a town for the violation of an ordinance, and at eleven o'clock at night, the marshal is not required to take the offender before the justice of the peace that night. And especially is this the case if the prisoner is so intoxicated as to not be conscious of what is occurring. In such case the prisoner may be detained until the next day, and until in a condition to be taken before a justice of the peace.—Scircle v. Neeves, 47 Ind. 289. 2. The board of trustees of a town in this State have incidental power to employ counsel to defend an action for false imprisonment brought against the town marshal by one arrested by him for the violation of a town ordinance, and a claim for services rendered under such employment may be enforced in an action against the town. Cullen v. Carthage, 103 Ind. 196. 3293. Survey and map. The exercise of corporate powers, for twenty years, over a defined territory, with the knowledge of the public, no question having been made as to its authority, is a waiver of irregularities in its organization and cures inaccuracies in the original survey and map and is conclusive evidence of its incorporation.- Worley v. Harris, 82-496. 3297. Hearing and order. Under statute, I Revised Statutes, 1876, page 874, no appeal lies, to the circuit court, from an order of county commissioners incorporating a town.- Balt. etc. Co. v. Board etc., 73-214. 2. Appeal lies from an order of the board dismissing a petition for the incorporation of a town. The decision in such case is judicial.-Grusenmeyer v. City Logansport, 76–557. 3301. Election and effect thereof. Courts take judicial cognizance of the incorporation of towns. Proof thereof is not necessary.-Town Albion v. Hetrick, 90-551. 3309. Who elected - Tie - Certificate. There is no thing in this section which devolves on a town corporation the burden of proving that the legislative officers of the town are duly elected and qualified on the question of a violation of an ordinance.- Hardenbrook v. Town Ligonier, 95-71. 2. Certificates of election of trustees not filed with the clerk of circuit court until several days after ten from the day of election. The effect of filing the certificates on the day on which they were filed is to legalize and validate, from their inception, the ordinances and contracts for street improvements made by the board of trustees and to authorize a recovery of assessments thereunder.- Jennings v. Fisher, 103-116, distinguishing Dinwiddie v. Board etc., 37-66 and overruling, so far as they conflict, Town Ligonier v. Ackerman, 46-552; Pratt v. Luther, 45-250. 3311. Trustees - How elected - Term. Under this chapter there can be no such body as a board of councilmen.- Bidinger v. Bishop, 76-249. 3322. Duties of treasurer. Use by a town treasurer of the funds of the town is not a breach of the condition of his bond. There is no breach until he fails to pay or account as the law requires.- Harvey v. Town Monticello, 94-162. 2. It is no defense to an action, by a school corporation, to recover its moneys of one who has unlawfully intruded in to the office of treasurer of the corporation, that another is unlawfully holding that office. Lucas v. State, 86–182. 3324. Duties of clerk. This section requires the town clerk to attend all meetings and record the proceedings' of the board of trustees. The only compe tent evidence of any act or proceeding of a municipal body on which the members of the corporate body are required to vote, is the record of the proceedings.Byer v. New Castle, 124-88. 3329. Fire Wardens. 44. The Fire-Wardens shall attend all fires, give their personal superintendence to extinguishing the same, do all other acts required by the by-laws, and obey all orders given by the Board of Trustees in relation to the fire department Trustees shail, by virtue of their office, be Fire Wardens. 3330. Pay of officers. 45. The Trustees, Clerk, Treasurer and Marshal shall, respectively, receive for their services such compensation as the Board of Trustees, in their by-laws, may direct, and said Board shall cause to be paid to all other officers of such town, for their services, a just and reasonable compensation. 3331. Town suing-Proof. 55. Whenever any suit shall be instituted by an incorporated town, it shall not be required to show its compliance with the provisions of this act as to its organization, or as to publication of by-laws or ordinances, unless the same is controverted by affidavit. 3332. Special meeting of voters. 21. Special meetings of the qualified voters may be called by the Clerk, by order of the Trustees of said town, by giving ten days' notice thereof in a newspaper, if any be printed in such town; otherwise, by posting up such notices in five public places therein; and such notice shall state the objects for which such meeting is called. [1885 S., p. 171. In force April 10, 1885.] 3333. Powers of Trustees. the following powers: 22. The Board of Trustees shall have First. To have a common seal, and to alter the same. Second. To purchase, hold, and convey any estate, real or personal, for the use of the corporation, so far as such purchase may be necessary to carry out the objects contemplated by this act. Third. To organize fire companies, and hook and ladder companies; to regulate their government and the times and manner of their exercise; to provide all necessary apparatus for the extinguishment of fires; to make owners of buildings provide ladders and fire buckets, which are hereby declared to be appurtenances to the real estate, and exempt from execution, seizure, or sale, and if the owner shall refuse to procure suitable ladders or fire buckets, after reasonable notice, the Trustees may procure and deliver the same to him, and in default of payment therefor, may recover of said owner the value of such ladder or fire buckets, by suit before any Justice of the Peace in the proper township, and costs accrued thereby; to regulate the storage of gunpowder and other dangerous material; to direct the construction of a place of safe deposit of ashes; and they may, under any order by them entered upon the proper book of the Board, visit, or appoint one or more Fire Wardens to visit and examine, at all reasonable hours, dwelling houses, lots, yards, inclosures, and buildings of every description; discover if any of them are in a dangerous condition, and provide proper remedies for such danger; to regulate the manner of putting up stove pipes; to prevent out-fire and the use of fireworks, and the discharge of firearms within the limits of said corporation, or such parts thereof as they may think proper; to compel the inhabitants of such town to aid in the extinguishment of fires and prevent its communication to other buildings, under such penalties as are in this act provided; to construct and preserve reservoirs, wells, pumps, and other water works, and to regulate the use thereof, and, generally, to establish other measures of prudence for the prevention or extinguishment of fires as they shall deem proper. Fourth. To declare what shall constitute a nuisance, and to prevent, abate, and remove the same; and to take such other measures for the preservation of the public health as they shall deem necessary. Fifth. To regulate and prohibit the running at large of cattle, horses, swine, fowls and other animals, and to provide for the impounding, keeping, sale and redemption of the same when found in violation of the ordinance in such case provided. Sixth. To restrain and prohibit gambling and other disorderly conduct; to suppress and prohibit the keeping of houses of ill fame; and to authorize the seizure and destruction of gambling apparatus. To punish intoxication, common prostitutes and their associates, and immoderate driving and rid⚫ing. To regulate or prohibit the use of firearms, fireworks, or other things tending to endanger persons and property. To prevent interference with the free use of the streets and alleys of the town. And to preserve peace and good order, and prevent vice and immorality. Seventh. To license, regulate, or restrain auction establishments, street auctions, and all tables, machines, devices, and places for sports or games kept for hire or pay, traveling peddlers, public exhibitions, and the sale of spirituous, vinous, malt, and other intoxicating liquors within the corporation: Provided, That where such license is granted to sell spirituous, vinous, malt, and other intoxicating liquors, a sum, not exceeding the amount required by the statutes of the State for license to sell or retail intoxicating liquors, may be required to be paid into the treasury of the corporation by the person so licensed, before receiving such license. Eighth. To establish and regulate markets and build market houses, and to direct the location of slaughter houses. Ninth. To lay out, open, grade, and otherwise improve the streets, alleys, sewers, sidewalks and crossings, and keep them in repair, and vacate the same. Tenth. To appoint Street Commissioners and Fire Wardens, not exceeding three. Eleventh. To prohibit the incumbrance of the sidewalks of said town, and riding or driving thereon except to cross the same. Twelfth. To insure the public property of such town. Fourteenth. To plant trees upon public grounds, and along the streets of such town, and provide for their culture and preservation; and to inclose any public square or other public grounds within said corporation. Fifteenth. To levy and collect annual taxes not exceeding fifty cents on the hundred dollars' valuation (and twenty-five cents poll-tax) on all property subject by law to taxation; and on each male dog a tax not exceeding one dollar, and on each female dog a tax not exceeding two dollars, to be paid by the owner thereof. Sixteenth. To make and establish such by-laws, ordinances, and regulations not repugnant to the laws of this State, as may be necessary to carry into effect the provisions of this act; and to repeal, alter or amend the same as they shall seem to require. But every by-law, ordinance, or regulation, unless in a case of emergency, shall be published in a newspaper in such town, if one be printed therein, or posted in five public places, at least ten days before the same shall take effect. Seventeenth. Such Board of Trustees shall have power to complete school houses now in progress of erection, and provide for the payment of the same; to erect or provide such school-houses as may be necessary for the use of the schools of the town; to keep them in repair; and to provide fuel and other necessaries therefor. Eighteenth. To construct all necessary wharves and landings for steamboats and other vessels, where such town is situated on the bank of any navigable stream or watercourse. Nineteenth. The said Board of Trustees shall have power to levy and collect annual taxes, not exceeding thirty cents on the hundred dollars' valuation, on all property subject by law to taxation, for the support of town schools within their said corporation. 1. The Trustees of an incorporated town are authorized to establish grades of streets, and to compel lot-owners to conform thereto, without any petition.--Burr . Newcastle, 49 Ind. 322. Boards of trustees of towns may purchase the necessary fire ap Bank v. Danville, 60 Ind. 504. 2. Sub Div 3. paratus for cash. 3. Sub Dir 5. Under this clause before its amendment, it was held that towns could not provide for the impounding and sale of animals, found running at large in the streets. Lessman . Crozier, 80 Ind. 487. 4. Sub Dic 6. An ordinance prohibiting driving on the streets faster than an "ordinary trot" is valid. Nealis Hayward, 48 Ind. 19. 5. Gaming means the playing a game upon which something is wagered. Williams c. Warsaw, 60 Ind. 457. 6. Sub Die 7. Prior to 1879 towns could not require a license for the sale of intoxicating liquors. Carr v. Fowler, 74 Ind. 590. 7. Towns may be authorized to require persons selling liquors under a license granted by the county board, to also procure a license from the town. McKinney v. Salem, 77 Ind. 213. 8. When towns may require a license to sell liquors, such town may enact ordinances inflicting a penalty for selling without a license. Clevenger . Rushville, 90 Ind. 258. 9. Persons selling goods situate in other states, can not be required to take out`a license to make such sales. Martin . Rosedale, 130 Ind. 109. 10. Sub Div 9. Boards of trustees in towns have exclusive power over the streets of the town, and county boards can not order the opening of a highway through a town without the consent of the board of trustees. Sparling . Devenger, 60 Ind. 72; State v. Mainley, 65 Ind. 404. 11. Supervisors of highways have no control over the streets of incorporated towns. State v. Mainley, 65 Ind. 404. 12. Towns must keep their streets and alleys in a safe condition for use in the usual mode by persons using the same, and on failure to do so will be liable for damages caused by such neglect. Town . Woods, 57 Ind. 192; Town . Ritter, 66 Ind. 136. 13. A town can not be held liable for damages for failure to exercise its power to provide drainage Town . Fox, 3 App. 481. 14. Sub. Div. 15. If the owners of boats reside in a town, such boats, when within this state, are subject to taxation in such town. Cook v. Port Fulton, 106 Ind. 170. [1897 S., p. 176. In force April 15, 1897.] - License. 3333a. Trustees - Additional powers 1. That the board of trustees of incorporated towns shall have the following powers, in addition to the powers now granted by law: To license, regulate or restrain auction establishments, street auctions, transient salesmen, itinerant venders of all goods, wares and merchandise of whatsoever nature, denominated "bankrupt stocks," "fire sales," "assignee's sales," or any other terms used for the purpose of attracting trade by persons, both principals and agents; also hacks and all vehicles carrying passengers for hire, and all tables, alleys, machines, devices and places for sports, or games kept for hire or pay, traveling peddlers, public exhibitions, and the sale of spirituous, vinous, malt and other intoxicating liquors within the corporation: Provided, That this section shall not apply to any traveling salesman or person selling food, feed, grain or vegetables, or other articles for food consumption. [1901 S., p. 344. 3333b. Lights at crossings. Approved March 9, 1901.] 1. That the Board of Trustees of all |