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AN ACT to amend the charter of the town of Mount Carmel, in Wabash county.

SECTION 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the trustees of the town of Mount Carmel, and their successors, or a majority of them, shall have full power and authority to ordain and establish such rules and regulations for their government and direction, and for the transaction of the business and concerns of the corporation, as they may deem expedient, and to ordain and establish and put into execution such by-laws, regulations and ordinances as shall seem necessary for the government of said corporation, and for the management, control, disposition and application of its corporate property, and generally to do and execute all and singular such acts, matters and things which to them may seem necessary to do, and not contrary to the laws and constitution of this state.

In force, when approved by the legal vo

ters of Mt. Carmel.

Powers.

Application.

§ 2. That the said trustees shall have power to levy and Annual tax. collect an annual tax, not exceeding one per cent., on all lots and improvements and personal property lying and being within the incorporated limits of said town, according to a valuation of its actual worth; to tax public shows and houses of public entertainment, taverns, stores, groceries, and all pedlers, whether selling their commodities by private sale or public auction, for the purpose of making and improving the public streets, lanes, alleys, causeways, side walks or foot paths and drains, and for keeping them in good condition and repair, and for the purpose of erecting such buildings and other works of public utility as the interests and convenience of the inhabitants of said town may require and the circumstances render proper and expedient; and said trustees, and their successors, may adopt such means and modes for the assessment and collection of taxes as they may from time to time fix upon and determine; and they shall prescribe the manner of selling property, when the tax levied upon it is not paid: Provided, no sale Proviso. of any town lots or other real estate shall be made until public notice of the time and place shall be given, by advertisement in some newspaper published in or nearest to said town and at four of the most public places in said town,

Assessment and collection.

at least twenty days previous thereto: Provided, that in Further proviso. conducting such sale the provisions of the act concerning public revenue, so far as may be applicable, shall be complied with.

[§ 3.] The trustees of said town, or a majority of them, Power of trusshall have full power and authority to preserve good order tees. and harmony in said town; to punish for open indecency, breaches of the peace, gambling, gaming houses, horse racing, shooting, and all disorderly houses and riotous meetings; to remove all obstructions in the streets, public ways

and drains of the said town, as well where such drains run through the lots or lands belonging to individuals as where they may run in the public streets; and shall remove all nuisances, of every kind and description whatsoever; for doing and performing all said purposes and duties they shall make such by-laws and ordinances as to them may seem expedient, and not inconsistent with any public law of this state, and impose fines for the breach thereof, which fines shall be recoverable before any justice of the peace residing in said town, in the same manner as other debts and dues are collected; and all suits and judicial proceedings under this act shall be brought in the name and style of the president and trustees of the town of Mount Carmel. Duty of justices [§ 4.] It shall be the duty of any justice of the peace of the peace. residing in said town, and he is hereby authorized and empowered, upon the violation of any law or ordinance of said corporation, to issue his warrant, directed to the town constable or any authorized county officer, to apprehend the offender or offenders and bring them or him forthwith before him; and after hearing the evidence, if it shall appear that the said accused has been guilty of the violation of any such law or ordinance of the corporation, to impose such fine or imprisonment as shall be pointed out or fixed in such law or ordinance: Provided, such fine shall not exceed fifty dollars, and imprisonment not to exceed twenty-four hours for every five dollars of the amount of said fine: And furFurther proviso. ther provided, however, that writs of certiorari and appeals shall be granted from judgments under this act, as in other civil cases; and in all criminal cases the defendant shall be entitled to an appeal to the county or circuit court, by entering into bond or recognizance, as the case may require, before the justice of the peace, within twenty days after the rendition of the judgment, with such securities and in such an amount as the justice shall think right and proper; and all fines imposed for a breach of the peace or any violation of the corporation ordinances shall be paid into the treasury of said corporation.

Proviso.

Redemption of [ 5.] That when any town lots or real estate shall be real estate sold sold for taxes, by virtue of this act, the same may be re

for taxes.

Special tax.

deemed at any time within two years of the date of such sale, by the owner of said property, or his or her agent, executor or administrator, paying to the treasurer of said town, for the use of the purchaser of said property, the full amount of purchase money, with interest, at the rate of twelve per cent. per annum, together with the costs accruing thereon.

[§ 6.] That upon the application of the owners of more than one half of the front lots on any street, it shall be lawful for the board of trustees to levy and collect a special tax on the owners of the lots on said streets or parts of a

street, according to their respective fronts, not to exceed
one per cent., for the purpose of grading and paving the Object.
said street.

[§ 7.] That all ordinances of said trustees shall be fair- Ordinances. ly written out, signed by the clerk, and published in a newspaper printed in the town, or posted up at four of the most public places in said town; and no ordinance shall be in force until published, as aforesaid, at least ten days.

[§ 8.] The justices of the peace and constable, who Fees. are required to render services under this act, shall be entitled to the same fees and collect them in the same manner as is now or may be hereafter provided by law.

trustees.

[§ 9.] That the president, or any two of the trustees, Meetings of shall have power to call a meeting of the board, by giving one day's notice thereof; and a majority shall constitute a quorum to do business, but a minority shall have power to adjourn from time to time, to compel the attendance of absent members; and in the event that the notice of an election is not given, or from any other cause the annual election for trustees shall not be holden at the proper time, it shall be lawful for the late clerk of the board, or any two qualified voters in said town, at any time thereafter, to give twenty days' notice of the time and place of a special election of a board of trustees; and the board of trustees so Special elecelected at such special election shall have all the powers of tions. a board of trustees in the same manner as if they had been elected at the regular time.

railroads.

[§ 10.] Be it further enacted, That the town of Mount Subscriptions to Carmel, through the board of trustees, are hereby authorized to subscribe to the capital stock of the Alton, Mount Carmel and New Albany railroad company an amount not exceeding one hundred thousand dollars, also an amount not exceeding one hundred thousand dollars to the capital stock of the Mount Carmel Manufacturing company; and for the purpose of paying such subscription said town of Mount Carmel, through its board of trustees, are hereby authorized to make and issue the bonds of said town, bearing a rate not exceeding ten per cent. per annum, payable to either of the said companies, or any other person or persons or body corporate or other agent whom said companies, or either of them, may appoint to receive the same: Provided, however, whenever such subscription is proposed Proviso. to be made, it shall be the duty of the trustees of the said town of Mount Carmel to order a vote of the taxable inhabitants and legal voters of the said town, who are entitled to vote in said town, by publication of notice in a public newspaper, if one be printed in said town, or by posting said notices in four of the most public places in said town; said notice setting forth and stating that upon a certain day, not less than twenty days from such publication, that a vote

When act to be

in force.

of the taxable inhabitants and all legal voters of the town of Mount Carmel will be held, to decide whether the town of Mount Carmel shall make such subscription as proposed by the board of trustees; said publication stating the amount proposed to be subscribed, the company and the amount and terms of the bonds proposed to be issued. Said vote shall be taken by ballot, at the usual place of election; and if the majority of the votes cast shall be in favor of the proposition of the common council, then the subscription shall be made, otherwise the board of trustees shall proceed no further with the same.

[§ 11.] This act is not to take effect and become a law until the legal voters of the said town of Mount Carmel, authorized to vote for town officers, shall have accepted this act amending the charter or act of incorporation of said town, by a vote of a majority of all the persons who shall vote for or against the acceptance and adoption of this act as a part and parcel of the charter or act of incorporation of said town of Mount Carmel; an election for which purpose shall be held whenever the board of trustees shall give twenty days' notice thereof, by publication in the newspaper printed in said town, and by posting up notices thereof in at least four public places therein; at which election this amendment to the charter or act of incorporation of said town of Mount Carmel is to be adopted or rejected. APPROVED Feb. 17, 1851.

DEPARTMENT OF STATE,
State of Illinois.

I, DAVID L. GREGG, secretary of state of the state of Illinois, hereby certify the foregoing to be true and perfect copies of the enrolled laws deposited in this office; the words printed in brackets, thus [], in the several laws in which they occur, not being in the enrolled laws, but are introduced for the purpose of correcting and explaining the same.

In testimony whereof, I have hereunto subscribed my name, at Springfield, this 25th day of June, 1851.

DAVID L. GREGG,
Secretary of State.

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