moneys received by him for said purpose, and the sums paid out by him, and shall take vouchers therefor. The provisions of this act shall apply to the additions that may be acquired by the township to public cemeteries now belonging to such township. [1 R. S. 1852, p. 482. In force May 6, 1853.] 3293. Survey and map. 1. Persons intending to make application for the incorporation of a town, as hereinafter provided, shall cause an accurate survey and map to be made of the territory intended to be embraced within the limits of such town. Such survey shall be made by a practical surveyor, and shall show the courses and distances of the boundaries thereof, and the quantity of land contained therein. the accuracy of which survey and map shall be verified by the affidavit of such surveyor, written thereon or annexed thereto. 1. An Act of 1861 (S., p. 47) legalized the incorporation of all towns made under the Act of June 11, 1852, and before May 6, 1853. 2. In an action against a town (the contrary not appearing), it will be presumed that it was incorporated under the general law of the State.— Brazil v. Kress, 55 Ind. 14. 3294. Census. 2. Such persons shall cause an accurate census to be taken of the resident population of such territory, as it may be, on some day not more than thirty days previous to the time of presenting such application to the Board of County Commissioners, as hereinafter provided; which census shall exhibit the name of every head of a family residing ́ within such territory on such day, and the number of persons then belonging to every such family; and it shall be verified by the affidavit of the person taking the same. [1855, p. 126. In force February 23, 1855.] 3295. Survey, map, and census made public. 3. Such survey, map, and census, when completed and verified as aforesaid, shall be left at some convenient place within said territory, for examination by those having interest in said application, for a period of not less than twenty days. [1 R. S. 1852, p. 482. In force May 6, 1852.] 3296. Application to County Board. 4. Such application shall be by petition, subscribed by the applicants, and also by not less than onethird of the whole number of qualified voters residing within such territory; and said petition shall set forth the boundaries thereof, the quantity of land embraced according to the survey, and the resident population therein contained, according to said census taken; and the said petftion shall have attached thereto, or written thereupon, affidavits verifying the facts alleged therein; and it shall be presented at the time indicated in the notice of such application, or as soon thereafter as the Board can receive and consider the same. 3297. Hearing and order. 5. The Board of County Commissioners, in hearing such application, shall first require proof, either by affidavit or by oral examination of witnesses before them, that the said survey, map, and census were subject to examination in the manner and for the period required by section three of this Act [§ 3295]; and if said Board be satisfied that the requirements of this Act have been fully complied with, they shall then make an order, declaring that such territory shall, with the assent of the qualified voters thereof, as hereinafter provided, be an incorporated town, by the name specified in the application aforesaid, which name shall differ from that of every other town in this State; and they shall also include in such order a notice for a meeting of the qualified voters resi dent in said territory, at a convenient place therein, to be by them named, on some day within one month therefrom, to determine whether such territory shall be an incorporated town. 3298. Notice to voters. 6. The Board shall give ten days' notice of such meeting by publication in a newspaper, if one be printed in such territory, and by posting up copies of said notice, not less than ten in number, at the most public places in said proposed incorporated town. 3299. Polls, how long open. 7. At the meeting of the qualified voters, as herein provided, polls shall be opened at nine o'clock in the forenoon of such day, and shall be kept open until four o'clock in the afternoon, when they shall be closed. 3300. Board of election. 8. The voters at such meeting shall first proceed to the election of three inspectors, who, after being duly chosen and qualified, and having elected one of their number clerk, shall, without delay, proclaim to the meeting that the poll is now opened, and that they are ready to receive the ballots of the voters. 3301. Election, and effect thereof. 9. The qualified voters of said territory shall vote by ballots having thereon the word "Yes" or the word "No." And if a majority of the ballots given at such meeting shall have thereon the word "No," the voters of such territory shall be deemed not to have assented to the incorporation thereof as a town, and no further proceedings shall be had in relation thereto; but if a majority of such ballots shall have thereon the word "Yes," such territory shall, from that time, be deemed an incorporated town, to have continuance thereafter by the name and style specified in the order made by the Board of County Commissioners, as hereinbefore provided. And the inspectors of such meeting shall make a statement showing the whole number of ballots given at such meeting, the number having the word "Yes" thereon, and the number having the word "No" thereon; which statement shall be verified by the affidavit of such in spectors, and shall be returned to such Board of Commissioners, at their next session; who, if satisfied of the legality of such election, shall make an order declaring that said town has been incorporated by the name adopted; which order shall be conclusive of such incorporation in all suits by or against such corporation; and the existence of said corporation, by the name and style aforesaid, shall thereafter be judicially taken notice of in all Courts and places in this State, without specially pleading or alleging the same. [1857, p. 84. In force February 19, 1857.] 3302. Districts. 10. Such inspectors, when they shall have returned the statement as aforesaid, shall next proceed to divide said town into not less than three nor more than seven districts, having due regard to the equitable apportionment of population among the same and the conveniency and contiguity of such district. 3303. Ře-districting. 2. Any town heretofore incorporated under the Act approved as aforesaid, may, at any time ten days before the annual election, re-district the town according to the preceding section, for the purpose of electing officers for said town. [1 R. S. 1852, p. 482. In force May 6, 1853.] 3304. Notice of corporation election. 11. They shall also give ten days' notice, by publication in a newspaper, if one be printed within such town, or, if there be no newspaper, then by posting such notices in five public places therein, of an election to be held in such town, for the purpose of electing officers thereof, naming the place therein and the day upon which the same shall be had; but such day named shall be within twenty days from the posting of such notices. Every subsequent notice of a corporation election shall be given, in like manner, by the Clerk of said town. A town can not be deemed incorporated until its officers and Board of Trustees have been elected, and a president thereof designated.-State v. Arnold, 38 Ind. 41. 3305. Annual election. 12. An election for officers of said town, after the first election, shall be held annually on the first Monday in May of each year; and at every such election the preceding Board of Trustees, or any three of them, shall act as the inspectors thereof. 3306. Polls-Opening and closing. 13. At all elections in said town, the polls shall be open at nine o'clock in the forenoon, and shall not be finally closed until four o'clock in the afternoon of said day. [1883 S., p. 29. In force February 26, 1883.] 3306a. Voting place. 1. That in town elections there shall be but one place of voting, which shall be centrally located in the town and designated in the notice of such election given by the town clerk: Provided, That the trustee of any town may, if public convenience and public good require, establish by ordinance a precinct in each ward of such town. [1881 S., p. 703. In force April 14, 1881.] 3307. Inspectors' duties. 14. Such inspectors shall preside at such first election, and be inspectors thereof; and, in the receiving and canvassing of votes, shall be governed by the laws then existing, so far as they are applicable for the election of township officers: Provided, however, In case of absence of any of the inspectors from the place of holding such election at nine o'clock in the forenoon, the qualified voters of the town present shall proceed to appoint such inspector or inspectors, whose duties shall be the same as if they had been presiding at the election held for the purpose of incorporation. [1901 S. p. 57. Approved February 28, 1901.] 1. That hereafter all town offi 3307a. Town elections biennial. cers shall be elected for terms of two years, and that town elections shall be held biennially in the odd years. 3307b. Duties and powers of clerk - Is conservator of peace Holds court daily. 2. The Clerk of every town shall have the custody of records, books and papers of the Board of Trustees, and shall attend all meetings and record the proceedings of the board, and shall perform all other duties pertaining to his office and required of him by law or the town ordinances. It shall be his duty to see that the laws of the State and the ordinances of the town are faithfully executed within his jurisdiction. He shall possess all the powers of a Justice of the Peace as defined by law. He shall hold court every day (Sunday excepted) at a place to be named by the Town Trustees. He shall be a conservator of the peace, and as such shall have, within the town limits and within the township or townships within which such town is situated, the powers conferred upon Justices of the Peace for all purposes. While sitting as a court he shall have exclusive jurisdiction of all prosecutions for violation of the ordinances of the town; and he shall have, within the limits of such township or townships, the jurisdiction and powers of a Justice of the Peace in all matters, civil and criminal, arising under the laws of this State; and for crimes and misdemeanors his jurisdiction shall be co-extensive with the county or counties in which such town is situated: Provided, That in trials before him he shall have equal but not higher powers than those of a Justice of the Peace. In all actions before a Town Clerk either party may have a trial by jury, a change of venue to a Justice of the Peace, and an appeal to the court of superior jurisdiction, under the same restrictions and in the same manner as is provided for appeals from justices' courts. The same rules of pleading and practice shall be observed by such Town Clerk in all trials as are provided by law for the court of a Justice of the Peace. The Town Clerk shall give bond payable to the State of Indiana in a sum to be fixed by the Town Board at not less than two thousand dollars ($2,000), the bond to be approved by the Clerk of the Circuit Court, with freehold surety, conditioned for the faithful performance of his duties as Town Clerk, and of all other duties he may be required to perform, and shall file the same with the Clerk of the Circuit Court within the time provided by law for the qualification of Justices of the Peace. All fines and penalties collected by him shall be paid to the Treasurer of the town within one month after the same have been received by him except when otherwise directed by the acts defining the duties and powers of Justices of the Peace, in which case he shall pay all fines and forfeitures collected by him for violations of the penal laws of the State in the same manner and under the same conditions that Justices of the Peace are required by law to do. 3307c. Clerk's docket. 3. The Town Clerk shall keep a docket, as Justices of the Peace are required by law to do. He shall be entitled to the same fees in criminal and other cases, and for all his official acts, as are given by law to Justices of the Peace. In case of a vacancy in the office of Town Clerk by death, resignation or otherwise, the Town Trustees shall immediately elect a successor, who shall, upon taking the oath and on giving bond, take charge of the Town Clerk's docket and other papers and records, and serve until the next town election. 3307d. Town Clerks may administer oaths, etc. 4. Town Clerks are authorized to administer oaths, to take depositions, and to take acknowledgments to all instruments required by law to be acknowledged. 3307e. Seal. 5. All Town Clerks elected or appointed in compliance with this statute shall procure, possess and use an official seal, which shall designate the name of the town for which they act as Clerk, the name of the |