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Chap 783 No. XLIV An Act To incorporate the town of Chattahoochee in Gadsen County.

Section 1 Be it enacted by the Governor an Legislative Council of the Territory of Florida, That all the free white male inhabitants of the age of twenty one years, and over, conprehended within the following limits, that it to say; including Lot No. 1, on the River, Section 32, and the North West and North East quarters of Section 33, the whole being in Frational Township 4, Range 6, North and West, shall be, and they are hereby constituted a Body Corporate, by the name and style of the "Town of Challahoochee," and by their corporate name may sue and be sued, plead and be impleaded, and do all other acts, as natural persons; and may purchase and hold, real, personal and mixed property, or dispose of the same for the benefit of said town. Section 2d Be it further enacted, That the Government of said town shall be vested in an Intendant and three Commissioners, each of whom shall have the qualification of having resided three months within the limits aforesaid, in order to fill either of said offices. Section 3d. be it further enacted, That the Intendant and Commissioners shall be elected by ballot, on the third Saturday in February, in each and every year, and that they shall, in all cases, continue to exercise their respective functions, until their successors shall be elected and qualified to serve. Section 4th Be it further enacted, That the said Intedant shall be President of the Board of Commissioners, and in case of this death, resignation or removal, the Board shall elect an Intendant to fill such vacancy, until the next annual election; and also, in case of the death, resignation, removal or absence for two months of either of the commissioners, the Intendant shall fill such vacancy by appointment, until the next annual election. Section 5th. Be it further enacted, That the said Intendant and Commissioners shall have full power and authority to prevent and remove nuisances; to license and regulate retailers of goods and liquors, and Taverns; to restrain and prohibit all sorts of gaming; to license and regulate publick amusements; to establish and regulate markets; and to regulate Burial Grounds; to sink wells and take care of the same; to erect and repair Pumps in the streets; to erect and repair market houses and Publick scales; to establish and regulate Patrols; to restrain and prohibit Tipling houses; to provide for the establishment of schools, and superintending the same, to restrain and punish vagabonds, drunkards and disorderly persons; to keep in repair all necessary streets; to lay and impose taxes, and to provide for the collection of the same; to impose and appropriate fines, and penalties, and

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forfeitures for breach of the ordinances and bye-laws; and to provide for the general interior police, and good government of said town:_ Provided, that no act shall be passed contrary to the laws of the United States, nor of this Territory; and that no ordinance or bye-law, until ten days after its promulgation, shall take effect. Sec 6th Be it further enacted, That all ordinances and bye-laws shall be signed by the Intendant, and attested by the clerk: and shall be published at least ten days, at the door of the court house in said town. Section 7th. Be it further enacted, That the said Intendant and Commissioners shall have power to compel the attendance of its numbers, and to judge of the election returns and qualifications of the Intendant and its members; and the yeas and nays on any question, shall, at the request of any two members, be placed on the record. Section 8. Be it further enacted, That the Intendant and Commissioners shall be voted for and declared as follows, that is to say: the personal having the greatest number of votes, and who was voted for as Intendant, shall be declared duly elected; and the persons having the greatest number of votes, and who were voted for as commissioners, shall be declared accordingly. Sec 9 Be it further enacted, That it shall be the duty of the said Intendant to see that the ordinances and bye-laws are faithfully executed, and to call a meeting of the commissioners, whenever, in his opinion, it may be necessary; that said Intendant shall, within five days after his election, take an oath or affirmation, before a Justice of the Peace of this Territory, to the following effect, that is to say; "That he will to the utmost of his power, support, advance, and defend the interest, peace and good order of the town of Chattahiichee, and faithfully discharge the duties of Intendant of said town, during his continuance in office, and that he will support the Constitution of the United States;" - and shall within the aforesaid term of five days, convene the Commissioners elect, and administer to each one of them, an oath or affirmation. Similar to that taken by himself. Section 10 Be it further enacted, That the said Intendant and Commissioners shall have power to appoint a Treasurer, and clerk, and such other officers, as they may deem necessary; and to appoint a Police officer, whose duty it shall be to suppress all riots, affrays, and other breaches of the peace; and for this purpose he is hereby invested with all the authority, rights and privileges of the constables of the several Magistrates' districts in this Territory; Provided, however, that the said Police Officer shall give bond and security, in such sum, as the Intendant shall think fit, for the faithful performance of the duties of his office, and shall receive no other or greater fees for his services, than are provided in similar cases by law. Section 11 Be it further enacted, That all free white male citizens, of the age of twenty one years, residing within the limits of the said town, and who have paid a poll tax of one dollar to the

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Corporation, shall be entitled to vote for Intendant and the Commissioners of said town.

Section 12th Be it further enacted, That the first election for Intendant and Commissioners for said town, shall be hold under the inspection and superintendance of Joseph W. King, Robert H. Stuart, and Lepse F. Polls; and that all subsequent selections for town officers, be held under the direction of the Intendant and Commissioners, or either of them. John Warren Passed January 20th1834 Approved January 24th President Jos. B. Lancaster Clk 1834 Legislative Council WmP, Duval Governor of the Territory of Florida

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