of the delinquent be found within the city. The said Treasurer shall, annually, on the first Monday of August, file with the City Auditor schedules of all such delinquent taxes collected by him, verified by oath or affirmation, and shall be charged by the Clerk with the amount collected. 3088. Sale of land for taxes. 38. If no goods or chattels can be found, out of which to make the tax, penalties, interest, and costs charged against any person named in such duplicate, the Treasurer shall sell any lot or land, or so much thereof as may be necessary, listed to such person, to pay the tax, with interest, penalties, and costs thereon; and the Treasurer's certificate to the purchaser shall state for what tax or taxes, interest, penalties, and costs, said lot or parcel of land was sold; which certificate shall be prima facie evidence of all the facts therein set forth.

3089. Notice of sale of chattels. 39. The Treasurer shall give public notice of the time and place of sale of all goods and chattels to be sold, at least ten days previous to the day of sale, by written or printed advertisements, to be posted up in at least three public places in the city where such sale shall be made.

3090. Chattels at auction. 40. Such sale shall be made at public auction. No more property shall be sold than is sufficient to pay the tax, penalties, interest, costs, and charges; and, if convenient, it shall be sold in parcels; and if sold for more than the amount necessary, the surplus shall be returned to the owner thereof.

3091. Land, how sold. 41. In selling lots and parcels of land the Treasurer shall offer the least quantity thereof that any bidder will take, and pay the amount of tax, penalties, interest, damages, and costs assessed; and he shall make, seal, and acknowledge, before some competent authority, a certificate of the land thus sold to such person. Before making such sale, the Treasurer shall give notice, not less than twenty days, in a newspaper printed and published in said city, that, on a certain day therein named, he will offer for sale the lands and lots on which taxes shall remain unpaid, or so much thereof as shall be necessary to pay said taxes, penalties, interest, and all costs and charges made by reason of the failure to pay said taxes. If such city is a county-seat, it shall be made at the court-house door; if not, it shall be made at the door of the city-hall or other place of meeting of the Common Council.

3092. Return of land sold-Redemption. 42. It shall be the duty of the Treasurer, immediately after the sale of any lot or parcel of land, to make return of the same to the City Clerk, distinctly stating the lot or parcel of land sold, the name of the purchaser, the day of sale, and the amount of tax, penalties, interest, and costs for which it was sold; and any owner or claimant thereof, his agent or attorney, may redeem the same, upon the terms and in like manner as the lands sold for State and county taxes are redeemed, by payment to the City Treasurer.

3093. Annual settlement. 43. The City Clerk and Treasurer shall attend at the office of said Clerk on the third Monday of April annually; and the Treasurer shall then and there make settlement with the Clerk for the amount of taxes for which said Treasurer is to stand charged, as follows: First. The Clerk shall take from the duplicate in the hands of the Treasurer for collection, a list of all such taxes as said Treasurer shall have been unable to collect, therein describing the property on which such delinquent taxes are charged as the property is described on such duplicate, and shall

note therein, in a marginal column, the reasons assigned by such Treasurer why such taxes could not be collected.

Second. Such list shall be signed by the Treasurer; and he shall also testify to the correctness thereof, under oath or affirmation, to be administered by the Clerk.

Third. The Clerk shall forthwith record such list of delinquencies in a book to be kept in his office, and deliver copies of the same to the Treasurer for collection; and the Treasurer shall make return of such collections in the manner provided for in the thirty-seventh section of this Act [§ 3087]. 3094. Fees on forfeited lands. 44. The Treasurer shall be entitled to such fees for collections made by distress and sale, and charges for keeping and removing property distrained, as are paid to County Treasurers for like services. In case of no sale of any lot or parcel of land for want of bidders, the Treasurer shall so return to the Common Council; and the said lot or parcel of land shall thereafter be considered as forfeited to such city, to be disposed of as the Common Council shall thereafter, by ordinance, direct; but no disposition shall be made by such Common Council until after the expiration of four years from the date of such forfeiture; and until so disposed of or redeemed, such lot or parcel of land shall be continued on the duplicate, charged with all arrearages for which it was forfeited, and interest and ten per cent. damages per annum, and shall be annually assessed and charged with all accruing taxes, penalties, and interest, as other lands. Such land shall annually be offered for sale, with and on the same terms as other delinquent lands; and, until sold for the amount of all arrearages, may be redeemed, as provided in section forty-two [§ 3092], on payment of the same into the City Treasury by the owner or owners thereof. All sales by the Treasurer for delinquent taxes, and the giving of certificates and conveyances therefor, shall be conducted in the like manner as by the County Treasurer under the general law of the State; but such conveyance shall be made to such purchaser in the corporate name of the city; which certificates and deeds of conveyance shall be prima facie evidence of all the facts stated therein.

3095. Oath-Bonds. 45. The Mayor, each member of the Common Council, City Clerk, Assessor, Civil Engineer, Street Commissioner, Marshal, City Attorney, and Treasurer shall each, before entering upon the duties of his office, take and subscribe an oath, to be indorsed upon the back of his certificate of election, before some officer authorized to administer the same, to support the Constitution of the United States and the Constitution of the State of Indiana, and to faithfully and honestly discharge the duties of his office; which oath, with his certificate of election, shall be filed with the City Clerk. And each of said officers, except members of the Council, shall, in like manner, execute a bond, with approved security, payable to the State of Indiana in such penal sum as the Common Council shall, by resolution or ordinance, order and direct, conditioned for the faithful performance of the duties of his office and the payment of all moneys received by him according to law and the ordinances of such city: Provided, however, That in no case shall the Mayor's bond be fixed at a less sum than three thousand dollars, nor shall the Treasurer's bond be fixed at a less sum than double the amount of the estimated tax duplicate of the current year; which bonds shall be filed with the City

Clerk, except the bond of the Clerk, which shall be filed with the City Treasurer.

1. As to Mayor's bond, see, also, section 3062.

ARTICLE 2 - GOVERNMENT AND POWERS.

[1867 S., p. 33. In force March 14, 1867.]

3096. Meetings Casting vote-President pro tempore. 46. The Mayor and Common Councilmen of said city shall constitute the Common Council; and shall meet within ten days after the annual election, and at such other times as they shall, by resolution, direct. The Mayor shall be the presiding officer of the Common Council, and shall have a casting vote in all cases when a tie, but not otherwise. The presiding officer in the absence of the Mayor, shall sign all contracts, licenses, permits, and other instruments as the Mayor might do; and they shall have like effect.

1. The members of a City Council are not personally liable for their official acts, unless they act corruptly.-Walker v. Hallock, 32 Ind. 239.

3097. Stated and special meetings. 47. The Common Council

shall hold stated meetings at least twice in each month; and the Mayor or any five Councilmen may call special meetings. A majority of all members to which the wards are entitled shall be a quorum; and the minutes of every such meeting shall be kept by the City Clerk, which shall be open to public inspection.

3098. Officers. 48. At every such first annual meeting, the Com

mon Council shall appoint, by ballot, a Chief Engineer of the Fire Department. three commissioners to form a Board of Health, and, in their discretion, a Sealer of Weights and Measures, and as many Supervisors of Streets, to act under the direction of the Street Commissioner, as they may deem necessary, and all other officers which the bylaws may create or require, unless for a good cause deemed inexpedient at that time. And the Common Council may, by ordinance, prescribe such rules and regulations, in addition to those herein contained, for the qualification and official conduct of all city officers, as they may deem for the public good, and which shall not be inconsistent with the provisions of this Act. And the Common Council may authorize any city officer, except the Mayor or City Judge, to appoint, with the concurrence of the Common Council, one or more deputies.

3099. Ordinances. 78. All by-laws and ordinances shall, within a

3100. Penal ordinances

reasonable time after their passage, be recorded in a book kept for that purpose, and shall be signed by the presiding officer of the city, and attested by the Clerk. On the passage or adoption of any by-law, ordinance, or resolution, the yeas and nays shall be taken, and entered on the record. Publication. 57. Every by-law imposing a penalty or forfeiture for the violation thereof, shall, before the same shall take effect, be published two weeks consecutively in some newspaper printed in the city: Provided, That in case of insurrection, riot, pestilence, conflagration, or other impending danger, requiring the immediate operation of such ordinance, it shall take effect as soon as proclamation is made thereof by such Common Council and posted at five public places in each of the wards of such city: Provided, further, That the Common Council shall have discretionary power to direct the publi cation of any ordinance in a daily newspaper; and the publication thereof for one day each in any two consecutive weeks in any daily paper shall be deemed sufficient to allow the same to take effect: Provided, That when no paper is published in such city, printed or written copies of such ordinance shall be posted up by the City Marshal, in at least five public places in each ward of such city for two weeks, before the taking effect thereof: Provided, further, that whenever any city shall publish any of its ordinances in book or pamphlet form, such publication shall be of itself a sufficient publication, and such ordinance or ordinances shall take effect two weeks from the date of publication, appearing upon the said book or pamphlet. Any such publication in book or pamphlet form, if the same shall purport to be printed under the authority of the common council of such city, shall be presumptive evidence in all courts and places of the ordinances therein contained, and of the date of adoption, and that the same are properly signed, attested and recorded. [As amended, S., 1889, p. 342. In force May 10, 1889.

3101. Expulsion of officers. 88. Any member of the Common Council may be expelled or removed from office by a two-thirds vote of the whole number elected; but not a second time for the same offense. Any officer of such municipal corporation, whether elected or appointed, may be removed by a like vote. The Common Council shall make provision in their by-laws or ordinances as to the mode in which charges shall be preferred and the hearing of the same had.

3102. City seal. 49. Each Common Council shall cause to be provided a corporate seal, around the margin of which shall be the name of such city and the word "Indiana," and in the centre thereof, such device as the Common Council may direct; and such seal shall be affixed to all instruments or writings needing authentication.

3103. Streams and ferries. 50. The Common Council shall have exclusive power to keep open streams, and preserve, and, if necessary and expedient, change the course of rivers passing through or bordering upon the corporate limits of such city; to prevent encroachments or injury to the banks thereof, or the casting into the same of offal, dead animals, logs, or rubbish; and, within the corporate limits of such city, to establish and regulate ferries across such streams and rivers; to license any person or persons or corporation to keep such ferry or ferries, and exact a reasonable fee for such license; to designate the kind of boats to be used at such ferries, and the times and places of landing; and to prescribe the rates of ferriage to be charged at such ferry or ferries. And whenever the bank of such stream

or river shall be a public highway or public wharf or commons within the limits of such city, the Common Council of such city shall have full and exclusive power to authorize the use of any part or parts of such bank as a landing-place for such ferry or ferries: Provided, however, That no new ferry or ferries shall be thus established within one mile below or above an established ferry, unless the Common Council of said city shall determine, by the votes of two-thirds of the members of such Common Council, that public convenience requires the establishment of such new ferry or ferries: And Provided, further, That if any person be aggrieved by the establishment of such new ferry or ferries, or by the action of the Common Council in fixing the rates of ferriage, he shall have the right to appeal to the Circuit Court of the proper county, upon filing bond in the City Clerk's office, within thirty days thereafter, payable to such city, with security to be approved by such Clerk, and conditioned for the due prosecution of such appeal, and the payment of all costs if judgment be rendered against such appellant; and the City Clerk shall cause such bond, with a certified copy of the proceedings of said Common Council, and all of the original papers of the cause, to be filed in the office of the Clerk of such Circuit Court within twenty days thereafter, and such cause shall be docketed for the ensuing term of such Court, and further proceedings had and judgment rendered therein as in other cases of appeal.

3104. Contracts. 52. No member of the Common Council or other officer of such city shall, either directly or indirectly, be a party to or in any manner interested in any contract or agreement with such city for any matter, cause, or thing by which any liability or indebtedness is in any way or manner created against such city; and if any contract should be made in contravention of the foregoing provisions, the same shall be null and void. No officer of such city shall purchase any bond, order, claim, or demand whatever against such city, during his continuance in office, for any sum less than the amount specified therein; and any bond, order, claim, or demand purchased by any officer of such city, in contravention of the foregoing provision, shall be forfeited to such city, and no action shall ever be maintained thereon.

3105. Salaries. 51. The Common Council shall, within one month after the annual election in each year, fix the salaries of all the officers of such city provided for in this Act, and by ordinance provide for the payment of the same; which salaries shall be paid on the first days of January, April, July, and October in each year, and, when so fixed, shall not be increased during that year: Provided, That no member of the Common Council shall be allowed a greater sum than one hundred and fifty dollars in any one year for all services rendered by him as such member.

1. The City Council has full power over the salary of all city officers, either to increase or lessen them.- Brazil v. McBride, 69 Ind. 244.

[1873, p. 50. In force March 10, 1873.]

3106. Control of finances-Powers. 53. They shall have the management and control of the finances of the city, and of all property, real and personal, belonging thereto; and shall have the additional powers herein permitted, and may make and publish by-laws and ordinances necessary to enforce the same. The Common Council shall have the power to enforce ordinances

First. To regulate or prohibit the use of hand-organs, or instruments of