the absence of either of them, some suitable person shall be appointed by the electors present to fill such vacancy or vacancies. And at every succeeding election for president and trustees, the preceding board of trustees shall direct the manner in which the same shall be conducted.

answer

SEC. 4. The board of trustees of any town elected Trustees how agreeably to the provisions of this act, shall choose a pres-organized. ident out of their own body, and the president and trustees aforesaid, and their successors in office, shall thenceforth be considered in law and equity, a body corporate and politic, by the name and style of "the president and trustees of the town of ," and by such name and style shall be forever able and capable in law and equity to sue and be sued, to plead and be impleaded and be answered unto, defend and acrended in all manner of suits, actione, plants, pleas, causes, matters, and demands, of whatever kind or nature they may be, in as full bodies and effectual a manner, as any person or persons, corporate or politic can, or may do, and may have a common seal, and may alter the same at pleasure. The said president and trustees shall require their clerk to keep a fair journal and record of all their proceedings, and record all by-laws and ordinances which they may make, in a book to be provided for that purpose.

SEC. 5. The president and trustees, or a majority ofTheir powers. them, of any town incorporated as herein directed, shall have power to make, ordain, and establish and execute such ordinances in writing, not inconsistent with the laws, or the constitution of this state, as they shall deem necesprosary to prevent and remove nuisances, to restrain and hibit gambling, or other disorderly conduct, and to prevent the running of, and indecent exhibitions of horses, within the bounds of such town; to provide for licensing public shows; to regulate and establish markets; to sink and keep in repair public wells; to keep open and in repair the streets and alleys of such town, by making pavements, or side walks, as to them may seem needful; Provided always, that the lot in front of which any side-walk is made, shall be taxed to pay at least one half of the expenses of making such side-walk. The said president and trustees shall also have power to provide such means as they may deem necessary to protect such town from injuries by fires. And for the purpose of carrying the aforesaid powers into effect, the said president and trustees shall have power to define the boundaries of such town: Provided, that the same shall not exceed one mile square, and to levy and collect annually a tax, on all the real estate in such town, not ex

*32

ceeding fifty cents on every hundred dollars, of assessment valuation thereof.

SEC. 6. It shall be the duty of the said president and Their duties. trustees, to cause all the streets and alleys of such town, and all the public roads passing from and through such town, for one mile from the centre thereof, to be kept in good repair; and to this end, they are authorized to require every male resident of such town, over the age of twenty-one years, to labor in said streets, alleys, and roads, at least three days in each and every year; and if such labor shall be insufficient, to appropriate so much of the tax levied on real estate, as may be necessary to keep the said streets, alleys, and roads in repair, and also to appoint axx J Prescribe the duty of all such officers, for such town, as they may acum necessary to carry into effect the foregoing powers; the collectors or the corporation tax, and the treasurer, shall severally give bond, made payable to the president and trustees, and their successors in office, with good and sufficient securities, in such sum as may by said president and trustees be deemed advisable. And a clause shall be inserted, that if at any time additional security be required, the same shall be given: the conditions of which bonds shall be, that the officer shall faithfully perform the duties of his office; and said officers shall remain in office one year, (unless sconer removed.) and until others shall be appointed, and shall have given bonds.

Term of service.

Monies how expended.

SEC. 7. The said president and trustees, elected under this act, shall continue in office for one year, and until their successors shall be elected and qualified. And it shall be their duty, before their time expires, to give at least ten days public notice to the qualified voters, under this act, to meet at such place as they may name, in such town, and elect a new board of president and trustees, for such town; and all vacancies, which may happen in said board by resignation, or otherwise, before their term of office expires, shall be filled by the other members of the board. The proceedings of said board shall always be public; and all their ordinances, before taking effect, shall be published for at least ten days, in a newspaper of such town, or by setting up copies of the same, in three of the most public places in such town. A majority of said board shall constitute a quorum.

SEC. 8. All moneys arising from the collection of taxes, fines, penalties, and forfeitures, shall be appropriated by said president and trustees towards the erecting, improving, and regulating those objects which, by this act, are placed under their control and jurisdiction, and to none

others. And it shall be their duty to have an account current of the fiscal concerns of the corporation so kept, as will at all times, shew the true situation of the same to such as may desire to inspect the same: and the said pres- Accounts to be ident and trustees shall have full power to enforce their kept. ordinances, by authorizing the person or persons by them appointed to collect any tax imposed in pursuance of this act, to collect the same by distress and sale of goods and chattels of the person chargeable with the same, on giving at least thirty days public notice of the time and place of such sale: and, if no goods and chattels of the person chargeable with said tax, can be found, it shall be lawful to sell any town lot, owned by such person, or, so much thereof as will pay the tax due and in arrear from any such person, upon giving at least thirty days notice of the time and place of making such sale, paying to the owner, or owners, the overplus, if any. The president and trustees may impose fines for the breach of their ordinances; but no fine shall be inflicted on any one person, for any fines. one breach of any ordinance, of more than five dollars, which fine may be recovered before any justice of the peace, by action of debt, in the name of the president and trustees of such town, and collected by execution, as other judgments of justices of the peace. All fines collected in pursuance of this act, shall, by the officer collecting the same, be paid over to the treasury of the corporation; and, for an omission to do so, such officer may be proceeded against by the president and trustees, in an action of debt for the same.

May impose

ed.

SEC. 9. Two thirds of the qualified voters of any town, Corporation incorporated according to the provisions of this act, shall have power to dissolve the same, at any annual election for president and trustees, by voting against the incorporation, as is directed in the second section of this act.

SEC. 10. Whenever a president and trustees shall be Polls to be deelected for any town as herein directed, it shall be the livered to trusduty of the president and clerk of the first meeting, pro. tees. vided for in the first section of this act, to deliver to them a certified statement in writing, of the polls at said first meeting; and it shall be the duty of such president and trustees, to deposit the same with the clerk of the county commissioners' court, of the proper county, to be enter ed on record in his office; and before entering upon their duty, to take an oath to discharge this duty according to their best abilities.

SEC. 11. Whenever any town shall be incorporated by Certain laws this act, all other laws incorporating the same, or made repealed. to regulate in any way, the internal police of such town,

Not work on public road.

When dissolved county to have funds.

shall be considered as repealed. The inhabitants of any town incorporated by this act, shall not be required to work upon any road, except as herein required. And whenever any town corporation shall be dissolved, accor ding to this act, all persons having any funds belonging to such corporation, in their hands, shall pay the same into the county treasury; and all bonds and securities taken for the same by such corporation, shall vest in the county commissioners for the use of such county, who may have and maintain any proceedings thereon in law or equity, which might have been had by the said corporation.

SEC. 12. This act shall be considered a public act, and shall be in force from and after the first day of March next..

APPROVED, Feb. 12, 1831.

In force July 1, 1827.

JAILS AND JAILERS.

AN ACT concerning Jails and Jailers.

SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That there shall be A common jail kept and mantained, in good and sufficient condition and to be kept in repair, a common jail in each county within this state, at each county. the permanent seat of justice for such county.

Sheriff to keeper.

be

SEC. 2. The sheriff of each county in this state shall have the custody, rule, keeping, and charge of the jail within the county, and of all prisoners in such jail, and may appoint a jailer under him, and remove him at pleasure, for whose conduct he shall be responsible.

SEC. 3. It shall be the duty of the sheriff and jailer Jail to receive to receive from constables and other officers and confine prisoners. in such jail, all persons who shall be apprehended by such constables or other officers, for offences against this state, or who shall be committed to such jail by any competent authority, until discharged by due course of law. SEC. 4. It shall not be lawful for any sheriff or jailer, and to confine or keep debtors and persons committed for crimes in the same room, but they shall be confined and kept separate and apart from each other.

Debters

criminals to be kept separate.

Convicts to pay

SEC. 5. Every person who shall be committed to the common jail within any county of this state, by lawful authority, for any crime or misdemeanor, if he or she shall be convicted thereof, shall pay the expenses of arresting

and conveying him or her to the said jail, and also of his or her support while in jail, before he or she shall be discharged, and the property of such person shall be subjected to the payment of such expenses from the time of his or her arrest; and all such expenses up to the time of conviction shall be included in the judgment for costs. All expenses incurred for the support of such convicted person after conviction, may be collected by order of the circuit court, from time to time as occasion may require: Provided, however, that said court may, in their discretion, refuse to make such order upon being satisfied on the oath of such convicted person, or otherwise, that such convicted person has no property or means of satisfying such expenses for his or her support.

Sheriff to pro

therefor.

SEC. 6. Whenever any person committed to jail upon vide for poor any criminal process, under any law of this state, shall persons. declare, on oath or affirmation, in writing, that he or she is unable to buy or procure necessary food, the sheriff or jailer shall provide such prisoner with necessary food, for which he shall be allowed a reasonable compen sation, to be ascertained by the county commissioners' Compensation court, and paid as other county charges. And, if from the inclemenc of the season, the sickness of the prisoner, or other cause, the sheriff shall be of opinion that additional clothes or bedding are necessary for such prisoner and such prisoner shall be unable to obtain or procure the same, the said sheriff shall furnish the same, for the use of such prisoner during his confinement; for which he shall be allowed a just compensation, and paid as aforesaid.

SEC. 7. Every sheriff and jailer, and other person or Prisoners may persons whatsoever, to whose custody or keeping any per- buy certain neson or persons shall be committed, by virtue of any writ cessaries. or process, or for any criminal offence, except on conviction of any felonious offence, shall permit and suffer him, her, or them so committed, at his, her, or their will and pleasure to send for,and have any cider, ale, beer, victuals, or other necessary drink or food, from what place and whom they please, and also to have and use such bedding, linen, and other things, as he, she, or they shall think fit, without detaining the same, or any part thereof, or enforcing or requiring him, her, or them to pay for the having or using thereof, or putting any manner of restraint or difficulty upon him, her, or them, in using thereof, or relating thereto. And it shall be the duty of the Grand Jury to grand jury, at each term, or a committee to consist of at inspect jails and prisoner. least three members thereof, to visit the jail of their county, and examine the condition thereof, and enquire into the treatment of the prisoners, and make report thereofto