common seal and alter the same at pleasure, and possess all other powers as a corporation in this act conferred upon cities not exceeding five thousand inhabitants, except as herein otherwise expressly provided. And wherever the words "city council" er "mayor occur in this act, the same shall be held to apply to the trustees and president of such village, so far as the same may be applicable.

and

duties of trus

§ 9. The president of the board of trustees shall perform Powers the duties and exercise the powers conferred upon the mayor tees. of a city not exceeding five thousand inhabitants, and shall have the right to vote as a trustee at any meeting of the trustees; but when he shall have so voted shall not have the right to give the casting vote; and the trustees shall perform the duties and exercise all the powers conferred upon aldermen in cities; and the president and board of trustees may exercise the same powers conferred upon the mayor and city council of cities of not exceeding five thousand inhabitants, and pass ordinances in like manner. The president of the board of trustees may exercise the same veto powers, and with like effect, as the mayor of a city; and the board of trustees may pass ordinances over such veto in like manner as as a city council.

nances.

§ 10. The style of ordinances passed in villages shall be Style of ordias follows: "Be it ordained by the President and Board of Trustees of the Village of....," (as the case may be).

of officers.

§ 11. The president and board of trustees may appoint Appointment a clerk pro tempore, and whenever necessary to fill vacancies; and may also appoint a treasurer, one or more street commissioners, a village constable, and such other officers as may be necessary to carry into effect the powers conferred upon villages, to prescribe their duties and fees, and require such officers to execute bonds, as may be prescribed by ordinance.

$12. The village constable shall have the same powers to make arrests, execute process, and perform other official acts as other constables under the general laws of the state, together with such other powers as may be conferred on him by ordinance.

§ 13. An annual election for trustees and a clerk of Annual election villages shall be held on the third Tuesday of April in each year, and special elections may be held under such regulations as may be provided by ordinance to fill vacancies and for other purposes.

secutions.

§ 14. Suits and prosecutions for the violations of any Suits and provillage ordinance may be prosecuted in the names of "The Village of....," and justices of the peace and police magistrates shall have jurisdiction over such suits; and all fines and moneys so collected shall be paid into the village trea

sury.

trate.

15. There may be a police magistrate elected at a reg- Police magisular annual election in each village, who shall give bonds,

qualify, and have the same jurisdiction as other justices of the peace, and hold his office for four years, and until his successor is elected and qualified.

§ 16. After the taking effect of this act, no town or city shall become incorporated under any other general law then in force for the incorporation of towns or cities. APPROVED April 10, 1872.

In force July 1, AN ACT to provide for annexing and excluding territory to and from cities, towns and villages, and to unite cities, towns and villages.

1872.

Petition.

Annexation of

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That on petition, in writing, signed by not less than three-fourths of the legal voters, and by the owners of not less than threefourths (in value) of the property in any territory contiguous to any city or incorporated village or town, and not embraced within its limits, the city council or board of trustees of said city, village or town (as the case may be) may, by ordinance, annex such territory to such city, village or town, upon filing a copy of such ordinance, with an accurate map of the territory annexed (duly certified by the mayor of the city or president of the board of trustees of the village or town), in the office of the recorder of deeds in the county where the annexed territory is situated, and having the same recorded therein: Provided, than no portion, less than the whole of an incorporated city, town or village, shall be annexed to another incorporated city, town or village, except in the mode provided in this act for the annexation of the whole of an incorporated city, town or village, to another city, town or village.

2. Any incoporated city, village or town may be ancities and towns nexed to another incorporated city, village or town, by ordinance passed by a two-thirds vote of all the aldermen or trustees elect of each corporation desiring annexation: Provided, such annexation shall not affect or impair any rights or liabilities either in favor of or against such corporations; and suits founded upon such rights and liabilities, may be commenced, and pending suits may be prosecuted and carried to final judgments and execution, the same as if such annexation had not taken place. In making such annexation, the corporations so uniting may, by ordinance, fix the terms of the annexation, which shall have the force and Submitted to effect of a binding contract: Provided, however, that no such ordinance shall be of any binding force or effect until submitted to a vote of the legal voters of such city, town village, at a general election thereof, and adopted by a ma

voters.

jority of all the voters voting thereon at such election, notice of which shall be given at the same time and in the same manner as required for the election of the officers of such city, town or village: And, provided, also, that the vote shall be by ballot, which shall be "for union ordinance," or "against union ordinance," and shall be received, canvassed and returned the same as ballots for municipal officers of such city, town or village.

contiguous ter

3. When any incorporated city, village or town shall Annexation of desire to annex any contiguous territory thereto, and the ritory. same shall not have been petitioned for as provided in section one of this article, it shall be lawful for the city council or board of trustees of such city, village or town, by a twothirds vote of all the aldermen or trustees elect, by ordinance or resolution, to authorize the mayor of such city, or the president of the board of trustees of such village or town, to petition the circuit court of the county in which the territory desired to be annexed or a major part thereof is situated, praying such annexation to be made. The petition shall contain a copy of such ordinance or resolution, and an accurate map of the territory which it is desired to annex, showing all such subdivisions that shall have been made therein. Such petition shall be filed with the clerk of the court at least ten days before the first day of the term at which it is proposed to be heard: Provided, that nothing in this connection contained shall authorize said petition to be filed unless the territory so sought to be annexed (except territory intervening between a city and town, or two or more cities or towns desiring to become united under this act,) shall contain an actual resident population of at least one hundred and fifty inhabitants to each section or fractional part of a section, so sought to be annexed-which said fact shall be alleged in said petition and proved on the hearing thereof, the same as any other allegation in said petition.

of petition.

4. When it shall be determined to present such peti- Notice of filing tion, the mayor or president of the board of trustees (as the case may be) shall cause notice of the time and place where and when the petition will be or has been filed, and at what term of court the hearing thereof will be had, and setting forth the boundaries or a general description of the territory proposed to be annexed-to be given by publication at least once in each week, for two successive weeks, in some newspaper published in the county where the petition is filed or to be filed (or, if no newspaper is published in such county, then in the nearest newspaper published in this state), and by posting up notices at least fourteen days be1ore such time of hearing, in at least three of the most public places in the territory proposed to be annexed, and a like number in the city, village or town to which it is desired to annex such territory.

annexation.

Objections to § 5. The legal voters resident upon the territory thus proposed to be annexed, or any of them, or any owner of land therein, or any voter of such city, village or town, may appear at such hearing, and show cause why such annexation should not be made; and the court, or a jury impanneled for that purpose (no member of the jury so impanneled shall be a resident of the corporation or territory to be annexed, nor of the town or towns in which said corporation or territory may be situated), shall hear all competent evidence that may be offered by either party; and the court may continue the hearing from time to time, for any cause, and make all proper orders in regard to the hearing, giving of notices and other disposition of the case.

Finding of the

86. If, upon the hearing, the court or the jury shall court or jury. find that such territory ought to be annexed to such city, village or town, and can be so done without injustice to the inhabitants or persons interested, the court shall so order. If the court or jury shall find against the petitioners, the petition shall be dismissed at the cost of the petitioners; and no subsequent petition shall be presented for the annexation of any of the territory embraced in such petition, within one year from the time of entering such order: Provided, that new trials may be granted as in other jury

Contiguous tracts of land.

Petition

disconnection.

cases.

87. When not less than a majority in number of the legal voters or the owner or owners of any tract or tracts of land, contiguous to any incorporated city, village or town shall, by petition, in writing, signed by them, and filed in the circuit court of the county where such territory or a major part thereof is situated, pray to be annexed to such city, village or town, the like proceedings may be had thereon, and with the like effect, as in case of a petition by a city, village or town: Provided, a copy of the notice required to be given shall be left with the mayor of such city, or president of such village or town, at least ten days before such petition is heard.

for § 8. Whenever a majority of the legal voters of any territory within any city, town or village, and being upon the border and within the boundary thereof, shall petition the circuit court of the county in which such city, town or village is situated, praying to be disconnected therefrom, such petition shall be filed with the clerk of the court at least ten days before the first day of the term at which it is proposed to be heard, and like proceedings shall be had as is required by sections four, five and six of the act for the annexation of territory to such city, town or village: Provided, that the provisions of this section shall only apply to lands not laid out into city or town lots or blocks.

Map an ordinance to be filed and recorded,

§ 9. When any territory is annexed to any city, village or town, as provided in this act, it shall be the duty of the mayor of the city, or the president of the board of trustees

of the village or town (as the case may be), to cause an accurate map of such added territory, together with the ordinance for the annexation, certified by such mayor, and if a decree or order of the court has been made therefor, a copy of the same, to be filed for record and recorded in the recorder's office for the county in which such added territory is situated. If territory is disconnected or excluded from any city, village or town, a copy of the ordinance or decree therefor shall be so filed for record and recorded.

§ 10. All school districts, and other corporations incor- school districts. porated for school purposes, under special acts of the legislature, desiring to annex or disannex territory, may proceed under the provisions of this act.

§ 11. All courts in this state shall take judicial notice Courts, of cities, towns and villages, and of the changes of their territory, made under the provisions of this act. APPROVED April 10, 1872.

AN ACT to enable any city, town or village in this state to change its name. In force July 1,

1872.

for

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when- Petition ever a petition, signed by the qualified electors of any city, change of name incorporated town or incorporated village of this state, equal in number to one-half of those who voted for the officers therein at the last election, shall be presented to the corporate authorities of such city, town or village, praying that the name of such city, town or village may be changed, it shall be lawful for such corporate authorities to make such change in the manner hereinafter prescribed.

8. Previous to the presentation of the petition in the 2. preceding section mentioned, the name proposed to be given to such city, town or village, shall be filed in the office of the secretary of state, to be there retained for the period of at least sixty days, and upon application, the secretary of state shall, at any time after the filing of such name, grant a certificate, stating that such name has not been given to any other city, incorporated town, or incorporated village, or municipality in this state, it such be the fact; but if such name has been adopted by any other city, town, village or municipality, as appears from information in his office, the secretary of state shall so notify the party or parties making such application, in which case another name shall be filed in his office, which name shall likewise remain for the like period of sixty days; and no petition shall be acted upon by said corporate authorities unless accompanied by the

Names to be fled in the ofor sta e.

fice of secretary