be constructed and maintained by the town of Whitestown, except as otherwise provided by law.

TITLE II.

OF VILLAGE OFFICERS- -THEIR ELECTION AND APPOINT-
MENT.

S2. There shall be elected hereafter, by ballot, within and for said village, by the electors residing therein, the following officers: a president of said village, five trustees, a police justice, a collector, a treasurer and a clerk. The persons so elected shall be inhabitants and electors of said village.

$3. The annual election for village officers shall be held on the first Tuesday in April in each year, at two o'clock in the afternoon, at such place within said village as the trustees shall appoint; and the polls of every such election shall remain open until four o'clock of the same day. The trustees for the time being shall preside at and be inspectors of all elections in and for said village, and certify the result thereof. The provisions of the act entitled "An act respecting elections other than for military and town officers," passed April 5th, 1842, with the amendments and additions thereto, shall be applicable to the elections held under this act, except so far as they are inconsistent with the provisions of this act.

S 4. Upon the canvass of the votes taken at any such election being completed, the inspectors thereof shall thereupon determine who, by a plurality of votes, are elected to fill the offices voted for, and shall make and subscribe a certificate thereof on the village records. In case there shall be a tie in the votes for any elective office, the trustees shall appoint a special election to be held, not less than three nor more than eight days thereafter, for the election of such officer; and the clerk of said village shall give immediate notice thereof, and of the time and place of such election, by posting written or printed notices thereof, in at least five of the most public places in said village.

S5. The present officers of said village shall hold their offices until the first board of trustees, elected under this act, shall become organized; and all officers elected under this act shall enter on the duties of their

offices on the Tuesday next following their election, and shall continue in office until the Tuesday following the next annual election of officers, and until their successors are elected and qualified. It shall be the duty of the clerk of the village to give notice of each annual election and of the place at which the same is appointed to be held, by posting, in a conspicuous place, a notice. thereof in five public places in said village, at least ten days before the election. But the first election under this act shall be held on the second Tuesday of May, one thousand, eight hundred and fifty-nine; and all subsequent elections shall be held on the first Tuesday of April, in each year.

At any meeting of the electors of said village to elect General tax village officers, or at any other meeting of such electors, legally called and held, the electors attending such meeting may, by resolution, direct the trustees to cause to be raised, by general tax upon the taxable property liable to be assessed for taxes in said village, any sum not exceeding the sum of three hundred dollars.

And the electors attending any such meeting may also, Sidewalks. by resolution, direct the trustees to cause sidewalk to be made or repaired on any public street or road in said. village, or any part of any such street or road, and in every such resolution, such street or road, or part of such street or road, and the materials with which such sidewalk shall be made or repaired, shall be specified.

missioner.

6. The trustees shall annually appoint a street com- Street commissioner, a chief engineer of the fire department, and two assistant engineers, who shall respectively hold their offices during the pleasure of the trustees.

tions.

Resignation of office may be made to the trustees. Resigna The removal of any village officer from the village shall vacate his office. A vacancy in any elective office, caused by removal, death, resignation, or otherwise, may be filled by the trustees by appointment, and the person so appointed shall hold the office until the Tuesday succeeding the next annual election.

$ 7. The clerk of the village shall, immediately after Clerk to any election or appointment to office, as aforesaid, notify, porns in writing, every person so elected or appointed of his elected, &c. election or appointment. The several persons so elected or appointed shall, within six days thereafter, and before

Officers to

receive no compensa

tion.

Powers and duties of president.

entering on the duties of their respective offices, take the oath of office prescribed by the constitution of this state, and file the same with the clerk. Any person so elected or appointed to any office, except that of collector, treasurer, street commissioner, or police justice, who shall neglect so to do, shall forfeit, for the use of the village, the sum of ten dollars, and his office shall be deemed to be vacant. The treasurer, collector and street commissioner shall, before entering on the duties of their respective offices, each execute and file, with the village clerk, a bond in such penalty as the trustees shall require, and with such sureties as shall be approved by the president, conditioned that he will faithfully execute the duties of his office, and will duly pay over or account for all moneys received by him in his official capacity; and a neglect to file such bond within ten days after being required so to do by the trustees, shall be deemed to vacate the office of the person so neglecting.

S8. The president, trustees, treasurer, chief engineer and assistants shall receive no compensation for their services. The compensation of the clerk and street commissioner shall be determined by the trustees; but the compensation of the street commissioner shall not exceed one dollar and fifty cents for each day's actual service by him.

TITLE III.

OF THE POWERS AND DUTIES OF THE PRESIDENT.

$9. The president shall be the chief executive officer of the village; he shall preside at the meetings of the trustees; he shall only vote when there is a tie, but he may submit propositions for the action of the trustees; and he shall see that the provisions of this act, and the by-laws of the village, are faithfully executed, and shall receive complaints and institute prosecutions for their violation; he shall have power, and it shall be his duty, to suspend, until the next meeting of the board of trustees, the operation of any resolution or ordinance of the trustees, by his order, to be entered on the journal, with his reasons therefor, when it is in his judgment in violation of law, or appropriates money, or involves expenditures improvidently. But if, at such next or

any subsequent meeting within sixty days thereafter, on reconsideration of such resolution or ordinance, a majority of all the trustees elected shall agree to pass the same, it shall take effect as a resolution or ordinance of the village; in all such cases the votes shall be determined by the yeas and nays, and the names of the persons voting for and against the passage of the measure shall be entered on the journal. The president, on behalf of the village, shall execute all leases, licenses, contracts and other papers to be executed as the act of the village, when so authorized by the trustees.

$10. The president shall annually, in the month of Report of March. prepare a report of the financial transactions of president. the village for the previous year, showing:

1. All moneys received, and from what sources.

2. All payments, specifying each item.

3. The entire indebtedness of the village, and for what purpose contracted.

$11. The president's report shall be submitted to a meeting of the trustees, at least ten days before the annual election.

$12. The president may administer oaths required by this act to be taken.

S13. The president shall have power and it shall be his duty to suppress riots, and to order and compel all tumultuous assemblies to disperse. And he shall have the same power for the purpose as is given by law to sheriffs in cases of resistance to process.

TITLE IV.

OF THE POWERS AND DUTIES OF THE TRUSTEES.

dutics.

14. The board of trustees shall hold meetings pur- Trustees suant to adjournments, or upon a call by the president or any three trustees; and it shall be the duty of the president or trustees calling a meeting, to cause to be notified all the trustees, by serving the same on the trustees personally, or by leaving the same at their residence with some person of mature age on the premises. Votes upon any question shall be taken by ayes and nays, whenever required by the president or by any trustee.

$15. In the absence of the president, any one of the trustees may be appointed chairman for the time. A

Power of.

Firemen.

Unsafe

stoves, &c.

Commissioners of highways.

majority of the board shall constitute a quorum for the transaction of business.

S16. It shall be the duty of the trustees, and they shall have the power:

1. To appoint a keeper of the public hay scales, a sexton, a police constable and such other subordinate officers as they shall deem necessary; and they shall have the power to remove such officers at pleasure.

2. To provide for the care, custody and preservation of the public property, records and papers of the village. 3. To organize, and keep under good and efficient organization, a fire department, not to exceed eighty men, who shall be the firemen of the said village.

4. To examine all accounts and claims against the village, and allow such as are just and legal.

5. To prescribe the manner in which the treasurer shall keep the accounts and vouchers of his office, and also the manner in which the clerk shall keep the records and papers of the village, and to examine such accounts, vouchers and records from time to time, in order to detect errors therein.

6. To prevent the use of any unsafe fire-places, stoves chimneys, stove pipes, smoke-houses or repository of ashes, and to compel the same to be put in safe condition, and to direct and authorize the engineers, from time to time, to inspect in the day time every house and lot in the village, in relation to its security against fire.

7. To exercise the powers and duties of commissioners of highways of towns within the limits of the village, so far as those powers and duties are consistent with other parts of this act, and are applicable to the village; and to direct the application of the highway taxes and labor assessed on the persons and property within the village, to the grading, planking, draining, and otherwise improving the highways, in such places within the village or leading to it, as they may deem best, and also direct the application of a part thereof to the grading of any public grounds, and the planting and securing trees thereon, and the construction and repairing of sewers.

8. To suppress disorderly houses, and houses of illfame.

Gambling. 9. To restrain and prevent, and suppress gaming-houses, billiard tables, and all instruments and devices for gaming.