Sidebilder
PDF
ePub

may be provided by law for like offences against the laws of this State: Provided, That no person shall be deprived of the Trial by jury. rights of a trial by jury, in any case where such person would

be entitled to a trial by a jury, for a like offence, under the laws of this State: And provided further, That no fine render- Fines not to ed under the provisions of this act shall exceed the sum of fifty exceed fifty dollars, nor shall any person be imprisoned for a longer period than ten days.

dollars.

cial tax.

SEC. 7. That upon the application of owners of two-thirds of the front of the lots, on any street, it shall be lawful for the Collect a speboard of trustees to levy and collect a special tax on the property of the owners of said lots on said street or part of a street, according to their respective fronts, for the purpose of grading and paving the side walks of said street or part of a

street.

Cause twelve

SEC. 8. The board of trustees shall have power to regu- Extend, open late, grade, pave and improve the streets, avenues, lanes and and widen alleys, within the limits of said town and incorporation, and streets. to extend, open and widen the same, making the person or persons injured thereby adequate compensation-to ascertain which, the board shall cause [to be summoned] twelve good lawful men to and lawful men, freeholders and inhabitants of said town, not be summoned. directly interested, who, being first duly sworn for that purpose, shall inquire into and take into consideration as well the benefits as the injury which may accrue, and estimate and as- Estimate the sess the damage which would be sustained by reason of the benefits to oopening, extending or widening of any street, avenue, lane or ther individualley; and they shall, moreover, estimate the amount which other persons will be benefited thereby, and shall contribute towards compensating the person or persons injured thereby; all of which shall be returned to the board of trustees, under their hands and seals; and the persons who shall be benefited, and so assessed, shall pay the same, in such manner as shall be provided, and the residue, if any, shall be paid out of the town treasury.

als.

SEC. 9. All ordinances shall, within one month after they Ordinances to are passed, be published in some newspaper, printed in or near be published. said town, or be posted up in three of the most public places

in said town, for two weeks, at least, before taking effect.

SEC. 10. That when any real estate, in said town of Ma- Redempt'n of comb, shall have been sold by the authority of the corporation real estate. thereof, the same shall be subject to redemption, in the same manner as is provided by the authority of this State.

SEC. 11. The members of the board of trustees, and every Shall take an officer of said corporation, shall, before entering upon the du- oath. ties of his office, take an oath or affirmation, before some judge or justice of the peace, to support the Constitution of the United States and of this State, and faithfully to demean themselves in office.

SEC. 12. The board of trustees shall have power to appoint one treasurer, one clerk, one assessor of taxable property

Not to work

in said town and corporation, one collector of taxes levied on said property, one supervisor of streets, and one town constable, who shall possess the same powers and perform the same duties, within said town, as other constables, and shall be entitled to the same compensation.

SEC. 13. No person residing within the corporate limits of said town shall be required to do any road labor on any on reads out road out of the corporate limits aforesaid; but the trustees of of corporation said town may require the same quantity of labor to be done by the inhabitants of said town, on the roads, streets, alleys, lanes and avenues, of said town, as they would be required to perform on the road of the county, were said town not incorporated.

SEC. 14. A conviction of any offence under this act or unNot be tried der any by-law or ordinance, made in pursuance of this act, twice for the shall be a bar to any similar prosecution by the people for the same offence.

same offence.

of voters.

SEC. 15. No person shall be allowed to vote for trustees Qualification of said town, unless he be qualified to vote for representatives to the General Assembly: Provided, No person shall be allowed to vote for trustees, aforesaid, unless he shall [be] bona fide a resident within the corporate limits of said town.

peace.

SEC. 16. That it shall be the duty of any justice of the Duties of jus- peace, residing in said town, and he is hereby authorized and tices of the empowered, on complaint being made to him, on oath, or his view of the violation of any law or ordinance of said corporation, to issue his warrant, directed to the town constable, or to any authorized officer of the county, to apprehend the offender or offenders and bring him or them forthwith before him; and, after hearing the evidence, if it shall appear that the said accused has been guilty of a violation of any such law or ordinance of the corporation, to impose such fine as shall be pointed out in such law or ordinance, subject to the provisions of the sixth section of this act.

of trustees.

3

SEC. 17. The first election of trustees, under this act, shall First election be held on the first Monday in April, eighteen hundred and forty-one, and an election. on the first Monday in April, annually, thereafter; but should an election not be held at the regular time of holding the same, the clerk of the old board of trustees, or any two citizens of said town, may, at any time, call an election, by giving at least ten days' notice of the object, time and place of election. Nothing in this act shall be so construed as to release said corporation from the debts and liabilities of the present incorporation of said town.

Approved, January 27, 1841.

An ACT to incorporate the town of Gale-burg, in Knox county.

In force, Jan.

27, 1841.

SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the individuals and residents of the town of Galesburg, in Knox county, in the State aforesaid, are hereby made a body corporate and politic, Body politic. in law and in fact, by the name and style of the "President and Trustees of the town of Galesburg;" and by that name shall have perpetual succession; and may have and use a common seal, which they may alter or revoke at pleasure; and in By whom mawhom the government of said corporation shall be vested, and nuged. by whom its affairs shall be managed.

SEC. 2. That all that section of country contained in the Location or south half of section ten, the north half of section fifteen, the boundary. north-east quarter of section sixteen, the south-east quarter of section nine, the south-west quarter of section eleven, and the north-west quarter of section fourteen, in township number eleven north of the base line, of range number one east of the fourth principal meridian, is hereby declared to be within the boundaries of the town of Galesburg.

SEC. 3. That an election shall be held in said town, on Elections, the first Monday of April next, for the purpose of electing when held. five trustees to hold their offices one year and until their successors are elected and qualified; and forever thereafter an election shall be holden on the first Monday of April, annual

en.

of trustees.

ly, for not less than five trustees nor more than nine, as the Five trustees trustees or inhabitants of said town may desire, after the first to be elected election; and public notice of the time and place of holding said election shall be given by the president and trustees, by Notice of elecan advertisement, published in a newspaper in said town, or tion to be givby posting up, in four of the most public places in said town, at least ten days before the election. No person shall be a trus tee of said town, who has not arrived at the age of twenty- Qualification one years; who has not resided in said town six months, next preceding his election. All free white male inhabitants, over twenty-one years of age, who have resided in said town six Who are entimonths, next preceding an election, shall be entitled to vote for trustees. And the said trustees shall, at their first meeting, proceed to elect one of their body president; and shall have Vacancies, power to fill all vacancies in said board, which may be occasioned by death, resignation, removal, or six months absence from the town.

tled to vote.

how filled.

SEC. 4. At the time of electing trustees, as aforesaid, there Clerk, assesshall also be elected one clerk, one assessor, one treasurer, and sor, treasurer one supervisor, and such other officers as the board of trustees and supervi sor elected. may deem necessary-who shall, respectively, enter into bond, in such penalty and under such restrictions as the board of trustees may direct; and after the first election for trustees and other officers, the board of trustees shall be julges of the qualifications, elections and returns of their own members and election. such other interior officers as may be elected; a majority shall

Judges of

KNM

Attendance of constitute a board to do business, but a smaller number

absent mem

bers.

Penalties.

Trustees

lect taxes.

Powers.

may adjourn from day to day-may compel the attendance of absent. members, in such manner and under such penalties as the boa:d may provide; they may determine the rules of procceding, and make such other rules and regulations, for their own government and that of the inferior officers, as to them may seem proper and expedient.

SEC...

That the board of trustees shall have power to to levy and collect taxes, upon all real estate within the town levy and co- and limits of the corporation, not excceding one per centum upon the assessed value thereof; to make regulations to secure the general health of the inhabitants; to prevent and remove nuisances; to provide for licensing and taxing taverns, stores, groceries, auctioneers, theatrical and other shows, within the corporation; to prohibit and restrain gambling houses, bawdy houses, and other disorderly honses; to build market houses, to regulate the same; to open and keep in repair streets, lanes, alleys, drains and sewers, and to keep the same clear; and, from time to time to pass such ordinances, to carry into effect the provisions of this act and the powers hereby granted, as the good of the inhabitants may require; and to impose and appropriate fines and forfeitures for the breach of any ordinance, and provide for the collection thereof. And that in all cases arising under this act, or growing out of the by-laws and ordinances, made in pursuance of this act of incorporation, any justice of the peace, within said corporation, shall have jurisdiction, to hear and determine the same; and an appeal may be taken, and writs of certiorari allowed, from any such decitiorari to be sion, in the same manner as is now or hereafter may be provided by law for appealing from judgments of justices of the peace: Provided, however, That the said trustees shall, in no case, levy and collect a tax upon any lands, until the same shall have been laid off into town lots and recorded.

Writs of cer

bad.

SEC. 6. That upon the application of the owners of twothirds of the front lots, on any street or parts of a street, it Application of owners of shall be lawful for the board of trustees to levy and collect a special tax, on the owners of the lots on such street or parts of a street, according to their respective fronts, not to exceed one per cent., for the purpose of grading and paving the side walks

[ocr errors]

Powers.

i

on said streets.

SEC. 7. The board of trustees shall have power to regulate, grade, pave and improve the streets, avenues, lanes and alleys, within the limits of said town corporation, and to extend, open and widen the same-making the person or persons injured thereby, adequate compensation, to ascertain which, the said board shall cause to be summoned six good and lawful men, freeholders and citizens of said town, not directly interested, who, being first duly sworn for that purpose, shall inquire into and take into consideration, as well the benefits as the injury which may accrue, and estimate and assess the damages which would be sustained by reason of the opening,

extending or widening of any street, avenue, lane or alley; and shall, moreover, estimate the amount which other persons will be benefited thereby, and shall contribute towards compensating the persons injured-all of which shall be returned to the board of trustees, under their hands and seals; and the person which shall be benefited, and so assessed, shall pay the same, in such manner as shall be provided by the board of trustees; and the residue, if any, shall be paid out of the town treasury. The board of trustees shall have power to pass such by-laws or ordinances, from time to time, as to them may seem expedient, and not inconsistent with any public law of this State, as the good of the citizens of said town may require. SEC. 8. That all ordinances of said trustees shall be fairly written out, signed by the clerk, and published in a newspaper printed in the town or posted up at three of the most public places in said town, and no ordinance shall be in force until published as aforesaid. The board of trustees shall also provide a well bound book, or books, in which a fair and correct record of all ordinances and other proceedings shall be Record to be faithfully recorded by the clerk of said corporation, and signed kept. by the president of the board of trustees, and shall be open

at all times for inspection and examination by the citizens of said town.

Ordinances to be written out

SEC. 9. That the board of trustees are also vested with Powers. power to declare what shall be considered a nuisance within said town, and incorporated limits, to prevent the running and indecent exhibition of horses within the bounds of said town; to provide for the trial and punishment of persons who may be engaged in assaults, assaults and batteries, and affrays within the limits of said corporation; and to provide that such punishment may be inflicted for any offence against the laws, or ordinances of the corporation as is or may be provided by law for like offences against the laws of this State: Provided, That no person shall be deprived of the right of the Proviso. trial by a jury in any case where such person would be entitled to a trial by a jury, for a like offence against the laws of the State.

SEC. 10. The board of trustees shall have power to adopt Taxes. such modes and means for the assessment and collection of taxes, as they may from time to time fix upon and determine, and to prescribe the manner of selling property, when the taxes levied upon it are not paid: Provided, however, That no Proviso. sale of any town lots or other real estate shall be made until public notice of the time and place shall be given by adver tisement in a newspaper or by posting up written notices in three of the most public places in said town, at least twenty days previous to any such sale for taxes.

SEC. 11. That when any town lot or lots, or real estate Redemption shall be sold for taxes, by virtue of this act, the same may be of lots. redeemed at any time within two years from the date of sale,

[ocr errors]
« ForrigeFortsett »