Evansville Journal, Volume 13, Number 5, Evansville, Vanderburgh County, 4 March 1847 — Page 2

Sixteenth. To prohibit all persous from bringing, depositing, or keeping within the limits of said city, or within one half mile thereof, any dead carcass or other offensive or unwholesome substance, and to require and compel the destruction or removal thereof by any person who shall be the owner thereof, or by his own act or consent have the same upon or near his premises, whether the same be a dead animal, or any part of one, putrid or unsound beef, pork, hides, fish, or skins of any kind, or other unsound or unwholesome substance whatever, and on the default of such person to authorise the destruction or removal thereof at his expense by the proper officer or person Seventeenth. To prohibit the rolling of Loops, flying of kites, playing at ball, or long bullets, shooting, or using fire arms or fire crackers, or unnecessarily using any other thing, instrument, or practice having a tendency to annoy, or endanger, or injure, or destroy persons or property within said city, or to frighten teams of horses within said city. Eighteenth. To compel all persons to keep the snow, mud, ice, and dirt, atid trash of all kinds off the side walks, and to clean and keep clean

the gutters and streets ia front of, and the gutters and alleys in the rear of

the premises by them occupied or owned, Nineteelh. To prevent the disordily blowing of horns, ringing of bells, crying of goods, or other things, and all other unnecessary noises to the disturbance of the citizens. ' ; Twentieth. To abate and remove nuisances, and to declare what shall bo deemed nuisances, and punishing by suitable penalties the person or persons causing or continuing the same, or sufferingthe same to remain on his, her, or their premises, or both abate and punish,' at discretion; and for the purpose of declaring what shall be deemed nuisances, and abating the same, or causing and compelling the same to be abated, and punishing persons for causing, continuing, or suffering the same as aforesaid, the common council shall have jurisdiction over both land and water one mile beyond the limits of the city in all directions. Twenty-first. To restrain and regulate carriers and runners to and from steam boats, canal boats, and stages.

Twenty second. To regulate and license drays, wagons, carts, hacks, and carriges, which may be kept in said city to be hired or used ior hire or

reward. Twenty-third. To ascertain by survey, and mark and establish the boundaries and limits of said city, and all enlargements thereof, and of the streets alleys, blocks, and lots therein. - Twenty-fourth. To regulate the burial of the dead, to purchase and provide common burying grounds, hearses, and other thing3 necessary to burial, aud appoint one or more sextons, and prescribe his or their duties. Twenty-fifth. To provide for the keeping of bills of mortality,' and returning the same at times and places appointed for that purpose, and to impose suitable fines or penalties on phvsicians, sextons, and others for any default in keeping or returning the srae. , Twenty-sixth. To regulate gauging, the place and manner of selling and weighing hay, the place and manner of selling and measuring or weighing wood for fuel, lime, and coal, and to appoint suitable persons to superintend and cenduct the same. Twenty seventh. To regulate the quality of bread, and lo privide for the seizure and forfeiture ol bread, baked contrary thereto. . Twenty -eighth. To make, establish, and regulate public wells, cisterns, reservoirs, and pumps, and to prevent the unnecessary waste of water. Twenty-ninth. To provide for the furnishing of the said city and the inhabitant? thereof with water. . Thirtieth. To establish and regulate public pounds. Tlurty-jirst. To prevent the firing of guns, pistols, and all other fire arms and fire works within said city. -

Thirty-second. To prohibit and prevent the erection of wooden bdildings

in such parts ol said city as they may think proper. -. Tliirly-third. To erect and establish market houses, market places, a hospital, a council house, a city jail, engine houses, and houses for common

schools, and to regulate and govern, and from time to time enlarge, repair,

remove. and re-build the same, or build new ones, and to prescribe rules

and regulations for the use and management thereof, and to prescribe the

time and manner of vending produce and provisions in such market houses

and market places, and to prohibt the sale, by retail, of meat, vegetables,

eggs, butter, chickens, turtles, geese, ducks, and other fowls during market

hours at any other place than the market houses aud market places so es-

tablichpd and erected. - Thirty-fourth. To restaln and prevent forestalling and regratlng.-

Thirty-fifth. To prevent and guard against damage by fire; to purchase fire engines and fire apparatus; to organize fire companies, and regulate and govern the same, and to prescribe and regulate the duty and conduct of the members of fire companies, and of other persons, in relation to fires, and

property removed into the streets or eleswhere, to prevent Us destruction

by fire t Thirty-sixth. To regulate the general police of said city. Thirty-seventh. To compel the attendance of the members of the com

mon council: to appoint all officers and agents they may deem proper or

' necessary lo carry into full effect the powers hereby confferred, and to pre

scribe their powers and duties, and to require them, or any or either ot them to give bond with security for the faithful discharge of such duties; and all officers and agents so appointed shall hold their offices during the pleasure

of the common council.

Thirty-eighth. To regulate, and establish, and provide for the payment

of the fees and salaries of all officers and agents by them employed.

Thirty-ninth. To regulate the streets, alleys, and side walks, and all

improvements and repairs thereof; and the said common council shall have

the exclusive right and power of taxing persons residing in said city, and real and personal property situated therein, for the purpose of making such

improvements and repairs whether such improvements or repairs consist of

grading, paving, ditching, or any thing else; and no person residing in said

city shall be compelled or required to work on any road without the city, uor shall any property lying or being within the city be taxed for the pur

pose of making, opening, improving, or repariug any road or bridge without

the limits ofstid city:. Provided, That nothing herein contained shall pre

vent the board of commissioners of Vanderburgh county from making such appropriations of the revenue of the county as are or may be authorized by

law for the building, purchase, or repair of bridges, either within or without

said city: .

Fortieth. To take stock in any chartered company for making roads to

said city, or lor watering said city, and in any company authorized or cm powered by the board of commissioners of Vanderburgh county to build i

bridge on any road leading to said city; and to establish, maintain, and reg

ulate femes across the Ohio river from ihe public wharves of said city :

Provided, 1 hat no stock shall he subscribed or taken by the common counci

in any such company, unless it be on the petition of two-thirds of the residents

oi said ciiyr who are freeholders of the city, distinctly selling forth the com

pany in whje-h slock is to be taken, and the number and amount of shares

to be subscribed:. And provided also, That in cases where such stock s al

taken, the common council shall have power to borrow money and levy and

collect a tax on all real estate (either inclusive or exclusive of improvements,)

at their discretion,) ior the payment of said stock. Forty-first. To borrow money for the use of the city of Evansville.

Forty-second. To Jay out, opon, and make new streets and alleys,

highways, and wharves, and to alter, contract, widon, or discontinue any street, alley, or public wharf now made or hereafter to be mads in said

city, subrect to the rules and regulations hereinafter contained.

Fortn third. To prohibit or permit, and regulate tho sale of horses and

other animals, and merchandise, and all other kinds of property, real or personal, at auction in the streets, stores, shops,' or elsewhere within the

city, and to appoint and Iiconse auctioneers, and regulate their conduct

Forty-fourth. To regulate all wharves on the shore of the Ohio river,

in front of or adjoining said city, whether tho same bo public or private

and tho amount of wharhge to be charged at or for the uso ot the same.

Forty fifth. To levy and collect a revenue for tho use of the city o

Evansville, in the manner hereinafter prescribed.

Forty-sixth. To prevent injuries to the inhabitants of said city, or their

property, from thieves, robbers, burgulars, and all othor persons violating

the public peace.

Forty-seventh. To establish a board of health for said city, and to in vest it with such powers and impose upon it such duties as may bo deem

ed necessary or proper to preserve the health of said city, and to secure

tho inhabitants thereof from tho evils, distress, and calamities of contagious.

infectious, or malignant diseases, by the adoption and execution of such rules, orders and regulations as may be deemed by such board of health proper to prevent the commencement, continuance, or spread of any such disease; to provide for the proper organization of such board of health,and

the election or appointment ot the officers thereof, and to make sucn c-y

laws and rules for its government and support, as shall bo required for the

prompt performance of its duties an J the lawful exercise of its powers,

Forty-cigliih. To establish, organize, and maintain a city watch and

define the powors and prescribe the duties thereof.

Forty-ninth. To regulate all taverns, groceries, coffee houses, and ale

and porter shops, houses and cellars, and all other houses and places where

peer, ale, porter, wine orcioer is soia oy rciau, or wnero spirnous liquors

are sold by a less quantity than a quart, and all other houses of public entor

tainment in aidcity, and all theatrical exhibitions and concerts, ana ai

other exhibitions of whatever namo or nature, to which admission is ob

taincd by ibe p iymcnt of money, or any othor rosvard; aud to regulate al!

ferries across tho Ohio river, from said city, or fromia front thereof lo the fori the shore thereof, or in the canal,-on or at which merchandise or per-

opposite shore

Fiftieth. The said common council shall havo tho exclusive power to grant licenses to tavern keepers, Inn keepers, retailers of spiritous liquors by a loss quantity than a quart, keepers of ale, porter, cider and wineshops, houses, and cellars, and all other houses and places of public entertainment; and showmen and keepers and '.managers of theatrical exhibitions, concerts, menageries, circuses, and all other exhibitions for money or other reward; and auctioneers, keepers of ferries across the Ohio river, from or from in front of said city; and persons vending, at retail, goods, wares, merchandize, or personal properly of any kind or description, at or upon boats or water crafts of any kind, lying in the canal within said city or in tho Ohio river between said city and the middle of said river, whether such boat or water craft bo resting upon or in anywise fastened to the shore or bottom of tho river, or floating and anchored, or otherwise made stationary in the river; and in granting such licenses as by this act the common council are authorized to grant, said common council shall charge suchsum or sums of money as they may think fit and reasonable, and annex to such licensea such terras and conditions as in their opinion the peace, good order, aud general interests ofthecity may require, and if any person so licensed shall be convicted of violating any such condition, or suffering it to be dono by any person in his employ, whether ft&h conviction bo upon information and proceedings had thereon to prov&H establish such, violation, only, or in an action brought to recover tho penalty prescribed fo such violation, the mayor or other officer acting as , such, shall have full power and. authority to suspend, for a limited time, or wholly annul such license, and entor up judgment accordingly. Fifty-first. To regulate and prescribe tho manner of tho construction of chimneys, fire places, stove pipes, and hearths, and to compel tho alter

ation of such as are improperly constructed, and to make and enforce all such rules, by-laws, and ordinances as may be proper or necessary to provent tho destruction of property by the careless or .improper use of fire and lights, or by improperly or carelessly placing hay or any other highly combustible substance so noar to a chimney, fire place, or stove,or other

place where fire is kept or used, as to make it liable to be burned; and in

order to enforce such rules, b'-laws, and ordinances, the common

council shall have power to appoint fire wardens, and define their powers

and prescribe their duties,

Sec. 31. Obedience to and observance of all rules, by-laws, ordinances,

and police regulations made in pursuance of this act, shall be entorced

(except as heroin otherwise provided) by imposing suitable penalties up

on the person or persons violating the same, lo be recovered, together

with the costs of suit, in an action ot debt or an action on tho case, in any

court of competent jurisdiction. .

Sec. 32. Unless otherwise provided by tho common council, every or

dinance, by-law, or police regulation of a general nature, or effecting the whole city, or relating to the conduct of the people generally, and imposing any penalty or forfeiture for a violation of its provisions, shall take effect and be in force from and after its publication in a newspaper printed and

published in the city: but until it is so published at least onco no such ordi

ance, by-law or regulation shall under any circumstances take effect or be

in force, and the affidavit of the printer or publisher of anv such newspa

ter made before anv officer authorized to administer oaths, and tiled with

the clerk of the common council, shall be sufficont evidence of the fact of

such publication and the time, place, and manner thereof, and the com

mon council shall cause to be entered on their record, at tho conclusion of

of each and every such ordinance, a statement of the fact that the same has

been published as aforesaid; and the time of such publication, and the prin

ted statement, immediately alter tho title or at the conclusion ot any sucn

ordinance, by-law, or regulation purporting to be printed by author

ity of said common council, of the fact that, the same was published, and took effect, or was in force at tho particular time, shall be prima facio evidence in all courts of such publication and the time such by-law, ordinances

or regulation took effect: All other laws, ordinances, rules, regula

lions, and orders shall take effect and be in force from and after their pas.

sage, unless otherwise directed by the common council.

Se. 33. All actions brought to recover any penalty incurred under this

act, or the ordinances, by-laws, rules, and regulations made in pursuance

thereof, shall be brought in the name of " The City of Lvansville,'and all

fines and penalties, when collected, shall bo paid into the treasury of said

city: The first process in every action shall bo a warrant of capias, com

manding proper officers to arrest the defendant or dclendants, in such ac

tion, and bring him, her, or them forthwith before the mayor, or such other person as may at the return of such writ be acting as mayor, then

and there to answer the charge made against such defendant or defendants

in such action: The trial of any such action may bo postponed, if justice

require it, but in such case the defendant may be required to give bail in

a reasonable sum to appear at the time and placo appointed tor me trial

and not depart without leave, and in delault of giving such bail when re

quired as aforesaid, the defendnnt shaJl be committed to prison by order of

the mayor or other officer acting as such, there to remain unui mo ume

fixed for the trial. unless before that time such bail be given: Tho bail

bond or recognizance to be taken for tho appearance of every such defen

dant shall be taken and approved by the mayor or other person acting as

such, and shall be mado payable to the city of livansville, and the money

therein specified may be sued for and recovered in the namo and tor the

use of said city, if the condition or conditions thereof shall be broken:

Where judgment is entered against any defendant for any penalty or lor feiture above in this section specified, it may be made a part of tho judg

ment that tho defendant stand committed until the judgment and costs are paid or replevied, and the defendant shall bo committed to prison accor-

dingly, or judgment may oo entered ana execution eniorcea as in ordina

ry actions of debt or assumpsit betere justices ot the peace, and all such

judgments at the mayor's docket may be replevied by giving sufficient se

curity to the satisfaction of the mayor or other person acting as sucn, in

the same manner mat judgment in civil cases on me aocKei oi justices oi

the peace are or may bo replevied, and after the stay of execution has ox

pired, such judgments may bo collected upon execution ia like manner

as justices' judgments are or may at tho time bo collected.

Ssc. 34. No person shall be incompetent as a judge, juror, or witness . ' ... .. . - . .., -C L

in any action in which said city is a pany or lmeresiea, uy reason oi aucu porsons, being an inhabitant, citizon, or freeholder of said city.

Sec 3o. r or the purpose ot revenue, me common council snau nave

power to levy and cause to be assosscd and collected, once m each year,

an ad valorem tax upon all property, real and personal, within said city

and all money and capital within said city, which is or may be subject

to taxation for countv purposes, whether such money or capital De

actively emploved or not, and oa all money bearing interest and pay

able to any innaoiiam oi saiu ciiy; uuu uisu n pun ia ui uui cwocuiug

one dollar upon every male inhabitant of said city ot tho nge ot

wontv-ono venrs or upwards, and sane, and, not a nubhe charge as

a pauper: also, a specific taxon3ogsand bitches: Provided, That such

ad valorem tax shall not exceed three-fourths of one percent, upon tho ual-

ue of the property, capital or money taxed: Provided, alsoy J. hat in as

sessin"1 such tax, the improvements, or parts therof, on real estate, may

be included or excluded, at the discretion of the council, and a portion of

said revenue and all or part of tho penalties to be collected under this act and the laws and ordinances made in pursuance of it, may be apropriatcd

at the discretion of tho common council, for tho support of the common

schools within said city.

Sec. 36. After the second Monday in April and before the first Mon

day in May (or as soon thereafter as it can conveniently be done) in each

year, the common council ot said city shall appoint an assessor, who De

fore entering upon the discharge of his duties shall take an oath to truly

faithfully, and impartially discharge his duties as assessor, and also give

a bond, with freehold security, payable to tho city of Lvansville, and con

ditioned for the faithful discharge of such 'duties, which bond shall be to the satisfaction of and approved by tho common council: Provided,

That the common council may appoint moro than, one assessor if thev

deem it expedient to do so; and if more than one assessor be appointed,

they shall act either in conjunction or severally, as tho common council shaJl order or direct. - ' . Sec 37. It shall "be the duty of the assossor or assessers to proceed forthwith to make out a. full and fair list or lists of all persons, and all real and personal estate, ftnd all polls to be taxed, placing the names of persons in alphabetical order, setting opposite the namo of each person the valuo of his or her personal estate subject lu taxation, according to the thirty-fifth section of this act, and also a description of all lots and parts of lots ownod or claimed by such person, and tho value thereof, including improvements thereon, unless otherwise directed by the common council. He shall also, unless otherwise directed as aforesaid, make outaseperate list of such of the following things as are taxable or required to be licensed according toiho orders or ordinances of said common council, placing the names of tho owners, keepers or managers thereof in alphabetical order, and placing opposite the name of each those things for which he or she is liable to pay a tax or procure a license, that is to say: All dogs and bitches, carts, wagons, drays, hacks and carriages, taverns, inns, groceries, and other houses and places where spiritous liquors are sold by a less quantity than a quart, ale, porter, cider, beer, and wino shops, houses, and cellars, and othor housos and places of public entertainment, shows, men

ageries, circusos, theatres, concerts, and other exhibitions lor money or

y w t sonal property of any kind is sold at retail; which list shall bo appended to and returned with the assessment roll and tho said assessment roll and

ist shall be completed and returned by Jhe assessor to the clerk of the

common council by the first Monday in July next after the appointment of such assessorunless further time be given him by order of tho com

mon council. - -

Sec 38. In order to ascertain the valuo of tho personal estate taxable

as herein before provided, it shall be the duty of the assessor to require

each person owning, possessing, or cotrollmg the same, to state to him,

under oath, in writing or orally, (at his discretion, or as shall be ordered

or requirod by tho common council or their ordinances) the value of each

several kind or species of personal estate taxable as afcrnsaid, and belong

ing to, possessed, or controlled by such person, according to the best ot his knowledge, recollection, and belief; which oath such assessor is hereby au

thorized to administer; and any person who shall knowingly and wilfully

swear falsely when so sworn by any such assessor, shall be deemed guilty

of purjury, and on conviction thereof shall be punished accordingly; and

in case any person shall fail or refuse when called on for that purpose, to

state to the assessor, under oath as in this section provided, the value of

the personal estate taxable t as aforesaid, and owned, possessed, or con

trolled by such person, it shall be the duty of the assessor to affix, from tho best information he can get, a fair valuation of the personal estate

owned, possessed, or controlled by such person, and the valuation so fixed

may be increased by the common council, but they shall not decrease it, unless it shall appear that tho assessor has intentionally and knowingly fixed such valuation too high.

Sec 39. The valuo of personal estate fixed under oath by tho person

owning, possessing, or controlling the same, as provided in tho thirty-

eighth section of this act, shall be final and conclusive. Where any person owning, possessing, or controlling personal estate is absent and cannot be foqnd and required to state the value thereof under oath, tho assessor shall fix the value thereof, according to the best informalioR he can get, and the value so fixed may bo altered by the common council,, either by

increasing or decreasing it, if they think it incorrect, and tho assessor shall note on the assessment roll, opposite the names of such absent persons, the fact of such absence, and opposite the names of persons owning, possessing, or controlling personal estate which has been valued by the assessor in consequence of the refusal to swear to the value thereof, the fact of such refusal, in order that the common council may know the personal estate, the value of which they may alter. " v -

bEC 40. After the return of the assessment roll or rolls, and by the 3d

Monday in July in each year, if such roll or rolls have been returned in

time, (ani if not, then as soon thereafter as practicable,) the common

council shall fix the rate of tax to be levied on real and personal estato,

and polls, dogs and bitches, and the amount to be charged for licenses of

all kind. --

Sec. 41. It shall be the duty of tho clerk of the common council to cal

culate and carry out on said assessment roll or rolls, tho amount of tax

chargeable against such person named theroin, and against each pieca of

property listed to persons unknown, according to the rate fixed in pursuance of tho fortieth section of this act, and within one month after the rate

of taxation is fixed as provided in said fortieth section, said clerk shall

make out and deliver to the collector a complete copy or duplicate of such assessment roll or rolls, and also of the list of persons taxable for dogs, bitches, and licenses, to which shall be annexed a precept signod by tho may

or, with the corporate seal of thecity annexed thereto, commanding the col-

ector to collect and make the taxes in such duplicate specified, by distraining

and selling the goods, chattels, lands, and tenements of each person therein named, for the taxes charged against such person, including taxes on

dogs and bitche?; and also to collect the sums charged in the aforesaid

list for licenses: But before sucb duplicate is made out, the common coun

cil snail appoint some time and place (of which notice shall bo given by advertisement at least ono week previously) to sit and examine said assess

ment roll or rolls, and while so sitting at the time and place appointed as

aforesaid, the said common council shall have power to correct all orrors

in said assessment roll, as to the names of persons, or as to the description

or ownership of properly, and clearly established mistakes of the assessor

in stating the value of personal estate sworn to by any person, and errors

as to the valuo of personal estate valued by the assessor in consequence of

the absence of tho person owning or having possession or control thereof, or in consequence of the refusal or failure of such person to swear to the value ther'f, subject, however, to the provisions of tho thirty-eighth soction of this act; also, to equalize the valuation of real estale,by increasing or decreasing tho valuation fixed in said assessment roll or rolls on any lot

or lots, piece or pieces of ground mentioned therein; and for the purpose of

making such corrections, and equalization, the common council shall sit at

least three days, and their presiding officer shall have power to swear and

examine persons making complaint, as' wed as other witnesses, touching

any alleged error. Sec 42. No irregularity as to the timo of appointingan assessor or mak

ing and returning an assessment roll, or duplicate and precept, or appointing

a collector, nor any mere Irregularity or informality in tho appointment

or qualification of any assessor or collector; shall effect the validity of anv

such assessment of taxos, or any duplicate or precept, or prevent the col

lection of such taxes

Sec. 43. All taxes upon real estate shall, from the time the assessment roll is made out and completed, be a lien on such real estate to the same

extent as judgment of courts of record, and continue a lien until such tax

es are paid, and have a preference of ait private claims, and all taxes on

personal estate shall have a preference of all private claims

Sec 44. As soon as practicable after the assessment roll is made out and

completed, tho common council shall appoint some suitable person collar.

tor to collect the revenue assessed, who, before the duplicate or tax list and

precept are delivered to him, shall be sworn by some competent officer to

faithfully discharge his duties as collector; and also enter into bond, with

freehold security to the.acceptance of the common council, in a penal sum

not less than twice tho amount of the revenue . by him to bo collected, and conditioned for the faithful performance ot his duties: and such collec

tor may appoint deputies, being responsible for thoir acts. Sec 45. As soon as the tax duplicate and precept are placed in the hands of the collector, he shall proceed forthwith to collect tho revenue according io tho madate of the precept, and complete such collection, and pay over to the treasurer the revenues so collected, and return such duplicate and precept to the common council or their clerk, by tho first Monday in November following the appointment of such collector. Sec. 46. In case of death, resignation, inability, or refusal of any assessor to make or complete and return an assessment, or of any collector to commence or complete the collection of the revenue, the common council shall appoint another asseisor or collector, (as the caso may be) who shall be governed in all respects by the same rules as if he was the regularly appointed assessor or collector. Sec 47. Taxes on personal eslate, polls, dogs, and bitches may le collcctdo by the collector at any time prior to the 2nd Monday of March next after his appointment, and also money charged in the list delivered to him for licenses, which collections, if made after the first Monday of November, shall be made upon and by virtue of a copy of his delinquent list certified by the mayor and attested by the clerk, under the corporte seal, to which shall be attached a precept similar to the ono required to be attached to the tax duplicate. Sec. 48. The common council shall have full power to regulate the building of party walls of stone or brick houses within the city, and the quality of materials to boused in such walls, and the depth below the surface of the earth at which such walls or the foundations thereof shall commence, and tho thickness and length of such walls and tho foundations there

of, and tho highth to which the same shall be built above the surface of

the earth; and in accordance with the by-laws and ordinances of tho common council, passed in pursuance of this section of this act, it shall be lawful for any person or persons about to build any stone or brick house of any kind on any piece of ground within the city of Evansville, which is bounded on any side or end by the private property of any other person or persons, to build his, her, or their wall or walls on any lino dividing his, her,or their giound from that which adjoins it as aforesaid, placing such wall lengthwise along said line, and one-half of such wall on each side of such line; and when any such wall shall be so built of brick or stone of the highth, depth, breadth, and thickness, and in the manner and of the quality of materials prescribed by such by-laws and ordinances, it shall be a party wall, and tho persons owing the ground on either side thereof shall have the right to use the same in any lawful manner: Provided, That no person other than the person building such wall shall be compelled to maintain or keep the same in repair, or to pay any part of tho expense of building, repairing' or maintaining tho same until such wall, or some part thereof, shall be used by such other person, by attaching another house to it, or making it constituto one side or wall, or part of ono side or wall of another house of some kind, erected on the ground adjoining that of tho person who erected such wall, and when any person othor than the person who may have erected any such party wall may de sire to use such wall by attaching another house of any kind to it er by making such p irty wall part of any such other house, or one wall or part

ot one wall ot such other nouse, sucn person so desiring to use such wall shall first pay to the person or persons who built the same or his, her.or

oUior reward, ferries, and boats or water crafts lying in the Ohio river or thoir heirs and assigns, oao-half of tho full valuo of such wait, if the samo

bo demanded by the person entitled thereto, personally, or by agent or attorney, and after such demand made, no persons shall attach any other houso to such party wall or proceed any further in erecting or finishing the same, or commence or proceed any further in erecting or finishing any such other houso of which said party wall will in anywise form a part or one wall or a part of a wall thereof, without first paying to the person or porsons who built such party wall, or his, hor or their heirs or assigns, one-half of thefull value of such party wall, b'jt after making such payment, sucb party wall shall be the joint property of the persons owning the houses between which such party wall forms a partition; and tho common council shall appoint three freehold citizens of tho city surveyors, to view and estimate the value of party walls, when the parties interested cannot agree; and such surveyors, when requested to do so by any person interested, shall proceed to view and carefully examine any such party wall, and after such view and careful examination to appraise and fix a value upon the same, which appraisment and valuation beings mado in writing, and verified by theaffidavits of such surveyors, or a majority of them, shall be final and conclusive; but before

such examination and appraisment, all the parties interssted, or their agents, attor

neys, or guardians, shall -bo notified, if practicable, "of the timer of making the same, in such manner as the common council shall prescribe by ordinance or by-law: Tho common council shall have power to make such rules for the government of such surveyors, in tho discharge of their duties, as they may deem proper, not inconsistent with thir act: Such surveyors, when so appointed, shall have and exercise all the powers and perform all tho duties of fence viewers within said city; and for their ser

vice shall be entitled to such fees as tho

common council shall by ordinance direct.

Sec. 49. All taxes shall be collected, if practicable, and paid over to the city treasurer by the first Monday of November in each year:,. Taxos on polls, personal estate, and dogs and bitches romaining unpaid after that timo, shall be collected, as far as practicable, and paid over to the city treasurer by the second Monday in March following, at which time tho collector shall make a final settlement with the common council of his doings and business as collector, unless further time shall bo given him by the common council to any day between that time and the first Monday in the next April thereafter t n which case he shall make settlement at the time allowed and appointed therefor by the common council: When tho duplicate and precept are placed in the hands of the collector, ho shall give public notice thereof, by advertisement, two weeks successively, in a newspaper printed and published in the city, stating also in said notice where his office is, and calling upon tho people to pay their taxes: lie shall not be required to make a demand of taxes from any person charged therewith, but shall keep his office open for the reception of taxes tor one month next before the first Monday in October in each yoar,- between ten o'clock; A.M.. and five o'clock, P. M., of evory day except Sunday, and at such other times as he may think proper: At any timo after the first Monday in October, the collector may collect taxes on polls, personal estate, dogs, and bitches, by seizing and selling tho goods and chattels of the person whoso taxes remain unpaid. Sec, 50. After the first Monday in October, and by the first Monday in November iri each year, the collector shall make the taxes assessed on real estato, either by tho seizure and sale of the goods and chattels of the owner or claimant thereof, or by selling the lot or piece of ground itself upon which the taxes remaining unpaid,or so much thereof as may bo neccssaey to pay such 'taxes and the costs of advertising and, 'sael, giving six days notice of the time and place of selling goods and chattels, by written advertisement, set up in three of the most public places in thecity, (one of which shall be in tho ward where the sale is to take place) and giving three weeks notice of the time and place of selling real estate, by advertisement for three weeks successively, in a newspaper printed and published in the city: Provided That real estate so sold shall remain subject to any lien which the State or the county of Vanderburgh may have thereon for texes, or by.. mortgage, judgment, or recognizance. Sec 51. in selling real estate for taxes, the collector shall self the least portion of any lot or piece of lot that any bidder will take and pay the taxes duo thereon, with the costs of advertising and selling; and when any person shall bid for a less quantity than the whole lot, tho collector shall declare publicly . the manner in which the lot or piece of ground shall be divided, and, if practicable, he. shall so divide it as not to make it necessary to sell the same piece or part of lot for Stato or county taxes: Having made a sale of . any real estate, the collector shall make, acknowledge, and deliver to the purchaser a certificate thereof, particularly and acurately describingthe pro perty sold, the amount it was sold for and stating tho time within which it may beredemed. . Sec 52 It shall be the duty of the collector to return to the city treasurer, on or before the second Monday in November, a statemont of all lots and parts . of lots sold for taxes by such collector, giving in such statement the name of the person to whom each lot or pioco of lot sold was listed, the amount of tax and costs paid bv the nur-

chaser, and the day when the Mme was sold and also a particular description of each lot

or part of lot sold: And tho owner or

claimant ot any lot or piece of lot sold v$ aforesaid, or any person on behalf of such owner or claimant, may redeem the same at any time within two years from the day on which it was sold, by' depositing with tho treasurer aforesaid, for tho uso of the purchaser, the taxes and costs so paid as aforesaid, together with interest thereon at tho

rate ot one hundred per centum per nnnum from the day ofaale to the dav of making

such desposito and redemption.

bC 53. After the exniration nfinrn

years from the day on whichany lot or price of lot is sold for taxes, it' shall be the duty

ot me treasurer to endorsoon tho certificate

oi mo saio tnercot, given by the collector, oa