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By-laws and Ordinances
The Corporation of New Castle

Be it remembered, That at a regular meeting of the Mayor and Councilmen of the Corporation of New Castle, Henry County, Indiana, held 28 May 1864, the following By-laws and Ordinances were adopted.


Section 1.    It shall be the duty of the Mayor and Councilmen of the Corporation of New Castle, at their first regular meeting in April of each year, to elect a Clerk, a Treasurer, and a Supervisor for such Corporation, each of whom shall serve one year, and until their successors are elected and qualified, and shall take and subscribe an oath, and give bond and security to the acceptance of the Mayor and Councilmen, for the faithful discharge of the duties of their respective offices.

Duties of the Clerk

Section 2.   It shall be the duty of the Clerk of the Corporation of New Castle to attend the meetings of the Mayor and Councilmen, keep a record of their proceedings, record the By-laws form time to time adopted, to issue all orders for the payment of money and upon the presentation of the Treasurer's receipt, issue all license required to be issued by such Mayor and Councilmen.

Duties of the Treasurer

Section 3.   It shall be the duties of the Treasurer to receive and receipt for all money that may come into his hands by virtue of his office, and to pay the same out upon orders drawn upon him by the Clerk, and to give an account of all money received and disbursed by him at the regular meeting of the said Board in April of each year, and oftener if so required so to do by the Board.

Duties of the Supervisor

Section 4.   It shall be the duty of the Supervisor to call out all persons required by law to work on the streets and alleys of said town, and to require each person so liable to work as aforesaid, to work out at least one half of his personal privilege by the 1st day of July, and the balance by the 1st day of September in each year; and said Supervisor shall bring suit against any person failing to work after being duly notified, within ten days after such failure.

Supervisor to Make Report

Section 5.   It shall be the duty of the Supervisor at the regular meeting of the Mayor and Councilmen in October of each year, to make out and exhibit to said board, a report of the number of days worked out by each person, for personal privilege, the amount of taxes not paid or worked out, and the amount of money paid to him, and by whom paid in lieu of work, and also the amount of judgments obtained for delinquencies, and against whom.

Supervisor to be Governed by Statute

Section 6.   Said Supervisor shall be governed in all respects by the Statutes of the State of Indiana respecting the duties of Supervisors of highways, except so far as is herein otherwise provided, and shall be liable to the same penalties for failure in any of these duties as other Supervisors.

Marshal to be Appointed

Section 7.   It shall be the duty of said Mayor and Councilmen at their regular meeting for the month of April of each year, to confer the appointment of some one of the Constables residing within said Corporation elected by the people at the April election for that purpose.

Marshall to Give Bond

Section 8.   It shall be the duty of said Marshall before entering upon the duties of said office, to file his bond and security to the acceptance of said Mayor and Councilmen, conditioned for the faithful discharge of his duties as Marshall of said Corporation.

Duties of Marshall

Section 9.   It shall be the duty of said Marshall, {in addition to his duties as Constable, and in addition to his duties specified in the original Charter of said Corporation, and in the "Act" amendatory thereto,} to keep the streets, gutters and sidewalks of said Corporation clear of obstruction, and to keep the town clear of nuisances.

Section 10.   It shall be the duty of the Marshall to commence actions against all persons for violations of ordinances of said Corporation, to make all arrest and to do all other things necessary to the enforcement of all ordinances with reference to good order.

Marshall to Arrest

Section 11.   It shall be the duty of said Marshall, when the violation of any ordinance of the Corporation is committed in his presence, for which there is a fine attached, to arrest such person so violating forthwith and without, and take him forthwith before the Mayor of the Corporation, or some Justice of the Peace thereof, who shall reduce said charge to writing and proceed immediately to hear and determine the same according to law, unless such person so arrested desires a continuance of the case, which shall be granted him on him entering into recognizance in the sum of Fifteen Dollars for his appearance before Mayor or Justice of the Peace to answer to such charge on some future day specified, for which said arrest said Marshall shall be entitled to the same fee allowed by law for arrests by Constables in criminal prosecutions upon a writ. If however such arrest be made after dark, or if at the time of making it there be no Justice of the Peace or Mayor who can immediately attend to such case, then in either of the above cases it is made the duty of the said Marshall to take such person so arrested to the upper story of the Henry County Jail where such person shall be securely locked up and kept until morning if such arrest be made after nightfall, or some Justice of the Peace or Mayor can be found who can proceed to the trial of such a case, Provide, however, that no imprisonment as above specified shall exceed the length of time allowed by law for imprisonment without process.

Marshall to Bring Suit

Section 12.   It shall be the duty of the said Marshall, whenever any violation of the laws of said Corporation, shall have come to his knowledge, immediately commence suit against such person so violating by filing a written complaint with the Mayor or some Justice of the Peace, setting forth the charge in plain and concise language.

Marshall's Penalty

Section 13.   A failure of the Marshall to perform any of his duties as prescribed in any of the foregoing sections, shall subject him to a fine of Five Dollars to be collected by suit upon his official bond.

Actions Before When Brought in Name of Corporation

Section 14.   All actions for violations of Ordinances or By-laws of said Corporation shall be brought either before the Mayor or some acting Justice of the Peace residing within the Corporation, and shall be brought in the name of the 'Corporation of New Castle.'

Absent Members to Pay a Fine

Section 15.   It shall be the duty of the Mayor and Councilman to each one be present at all regular meetings of said Board, and at all special meetings where notice has been duly given, and every member failing to be present, and not giving reason therefore to the satisfaction of said Board, shall forfeit and pay to said Corporation the sum of One Dollar for every such failure, to be collected as other fines.

Trustee's Salary

Section 16.   The Trustee shall be allowed an annual salary of Ten Dollars.

Marshal's Salary

Section 17.   The Marshall shall be allowed an annual salary of Fifty Dollars, subject however, to be increased by special order of the Board, for extra service, and to be diminished, for failure to perform in a satisfactory manner, all the duties of said office.


Section 18.   The Mayor, Marshall and Councilmen shall be exempt from working the streets.

Section 19.   Trials for violations of Ordinance of said Corporation, shall be conducted in all respects in accordance with the laws of the State of Indiana.

----------Don't we all long for the olden days when things were a lot less complicated and less stressful, taxes were not so high, the town of New Castle could be run by just a few elected officials?---------

The New Castle Ordinances of 1864 will be the follow-up to this posting soon.

2001 UEB

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