clared valid

Fees of offi. Sec. 20., That justices of the peace and constables, who cers.

are required to render services under this act, shall be entitled to the same fees, and collect them in the same manner as

now is or hereafter may be provided by law in other cases. All acts de- Sec. 21. That all the proceedings of the inhabitants of alid. said town of Petersburg in the month of July, one thousand

eight hundred and thirty-eight, for the purpose of incorporating themselves under the general act of incorporation, as a body politic and corporate, by the name and style of “The President and Trustees of the town of Petersburg," and all contracts and agreements, made with the trustees of said town thus incorporated, or liabilities incurred for the purpose of building a bridge over the Sangamon river near said town, are hereby ratified, approved, confirmed and rendered legal and of full force in law and equality, [equity,] and [any] in. formality in said proceedings, or omission in the records of said corporation to the contrary notwithstanding; and that this act shall be considered sufficient evidence in any court of law or equity in this State to establish the fact of the legal incorporation of said town at the period aforesaid.

Sec. 22. That this act shall, take effect and be in full force from and after its passage.

Approved, February 23, 1841.

In force. Feb. An ACT to amend “An act incorporating the town of Belleville." : 23, 1841.

Sec. 1. Be it enacted by the People of the State of Illinois,

represented in the General Assembly, That so much of the „Part of act ro- act authorizing the incorporation of the town of Belleville, in pealed.

St. Clair county, as requires two-thirds of the legal voters of said incorporation to decide upon the repeal of said incorporation, be, and the same is hereby repealed, and that here. after, at any election to be held for trustees of said town of

Belleville, a majority of said voters shall be sufficient to de- Majority may cide whether the said town shall continue incorporated or repeal incor- not, and should a majority of the voters decide against conporation.

tinuing the said charter or incorporation, it shall from thenceforth ccase and be null and void.

Approved, February 23, 1841.

An ACT to incorporate the town of Marion. Io force, Feb. 24. 1841. Sec. 1. Be it enacted by the People of the State of Illinois, rep

resented in the General Assembly, That the inhabitants and Name & style. residents of the town of Marion, in the county of William

son, are hereby made a body corporate and politic in law and fact, by the name and style of the President and Board of Trustees of the town of Marion," and by that name shall have perpetual succession and a common seal, which they may

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change or alter at pleasure, and in whom the government of the corporation shall be vested, and by whom its officers shall be managed

Sec, 2. The boundary of the said corporation shall in- Boundaries of clude all that countıy contained within the limits of 'one town. square mile, laid out by lines running due north and south, east and west, and the centre of tlie public square in said town of Marion, to be the centre of said square mile.

Sec. 3. The corporate rights, powers and duties of said Powers vestcorporation shall be vested in five trustees, to be chosen and ed in ove trusappointed as hereinafter directed, who shall form a board for the transaction of business,

SEC. 4. On the first Monday of May next, or within Annual elecsix months thereafter, and on the second Monday of March ton, thereafter, annually, an election shall be held as the court house in the town of Ilarion, for the five members to compose the board of trustees of said corporation who shall hold their offices for one year, and until their successors are duly elected and qualified; any person may be elected a Qualifications trustee, or may vote for the election of trustees of said cor- Officers. poration, who has resided three months within the limits of said corporation next preceding the election, and who is qualified to vote for a representative in the General Assembly of this State.

Sec. 5. The said board of trustees shall, at their first mecting, proceed to clect, one of their body president, and shall have power to appoint a clerk, assessors, treasurer, su- Vacancies pervisor of streets and all such other officers as may be ne- how filled. cessary, and they shall have power to fill all vacancies in said board occasioned by death, resignation or otherwise. They shall be judges of the qualifications, elections and returns of their own members; a majority of their board shall constitute a Quorum. quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, under such penalties as the board may provide, they may Rules of prodetermine the rules of proceedings, punish their members for ceeding. disorderly conduct and make such other rules and regula. tions for their own government as to them may seem fit and expedient.

Tax. . Sec. 6. The board of trustees shall have power to levy and collect a tax on all real and personal estate within the proviso limits of said corporation: Provided, That the per centum on the assessed value thereof shall not exceed the per centum authorized by the revenne. laws of this ‘State. They shall have power to make regulations to secure the general health of the inliabitants, to prevent and remove nuisances; cense. to provide for licensing and taxing taverns, stores, groceries, auctioneers, thcatrical and other shows and amusements within said corporation; to prohibit and restrain gaining houses and other disorderly houses, to open and keep in repair streets, lanes, alleys, drains and sewers, and to keep the same clean; to require bond and security of town officers for the


Further pow- faithful perfcrmance of their duties, and from time to time

pass ordinances and by-laws to carry into effect the provis. ions of this act, and the powers hereby granted, as the good of the inhabitants may require; and to impose and propriate fines and forfeitures for the breach of any ordinance, and provide for the collection thereot; and in all cases ari. sing under this act, or growing out of the by-laws and ordi

nances inade in pursuance of this act, any justice of the Jurisdiction.

place within said corporation shall have jurisdiction, and it is hereby made his duty to hear and determne the same, and an appeal may be taken, and writs of certiorari prosecuted from any such decision in the same manner as now is, or inuy be hereaster provided by law for appealing from judgments

of justices of the peace. Special fax. Sec. 7. It shall be lawful for the board of trustces to levy

and collect a special tax on the owners of lots, or jon) any

strect or parts of a street, for the purpose of grading and pa.. Proviso. viog the side walks on said street: Provided, That two-thirds

of the property holders on such street shall first petition for


the same.

Improvement Sec. 8. The board of trustees shall have power to reguof streets. late, grade, pave and improve the streets ,avenues, lanes and

alleys within the limits of said' corporation, and to extend, open and widen the same; making the person or persons in. jured thereby adequate compensalion, to ascertain which the said board shall cause to be summoned six good, lawlul men, 'freeholders and citizens of said town and corporation, not

directly interested, who being tirst duly sworn for that pur. Damages how pose, shall enquire into and take into consideration as well assessed. the benetits as the injury which mity 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 report their proceedings under their When dama- hands and seals to the boird of trustces, and the board of ges, shall be trustees shall thereupon pay out of the treasury of the corpaid.

poration to the person to be injured the amount of damages assessed in his favor.

Sec. 9. The board of trustees shall have power from ordinances.'

ļu time to time to pass such by-laws and ordinances as to thein may seem expedient, not inconsistent with the Constitution or laws of this State, and all ordinarices of said trustees shall be firirly written out and recorded by the clerk, and publish

ed in such manner as the buard may direct. Further pow.

w. Sec. 10. The board of trustees are also vested with powers.

er to declare what shall be considered a nuisance within said town, lo prevent the running and indecent exhibition of horses, to provide for the trial and punishinent of persons who

may be engaged in assaults, and assaults and batteries, or othProviso. er disorderly conduct in said towu: Provided, That no per

son snall be deprived of the right of triat by jury in any

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case where such person would be entitled to a trial by jury for a like offence against the laws of this State.

SEC. 11. The board of trustees shall have power to adopt such modes and means for the assessment and collection Taxes. 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, Proviso That no sale of any town lots or other real estate, shall be made until public notice shall have been given, for atleast four Sale of lots for weeks successively previous to the day of sale, by ad. taxes. vertisement in a newspaper published in said town and corporation, or by posting up written notices thereof in at least three of the most public places in said town and corpo.. ration, one of which shall be on the court house door.

Lots sold may

.be redeemed Sec. 12. When any town lot or lots, or real estate in said corporation shall have been sold by the authority of the corporation for non-paynient of any tax that may have been levied upon the same, the same shall be subject to redemp-w tion by the owner or owners thereof, his, her or their agent tor may reor agents, within one year after the same shall have been deem lots. sold, on vaying to the treasurer of the board of trustees of said corporation, for the use of the purchaser or purchasers, double the amount of tax for which the same shall have been sold, together with costs for selling the same, and if not redeemed by the owner or owners, then the same shall be subject to redemption by any judgment creditor, his, her or their agent, within fifteen months after the same shall have Deed of spebeen sold, on paying, as above specified; but should the said cial warranty lots or parts of lots, or real estate so sold for the non-payment of taxes as aforesaid not be redcemed within the time specified, then and in that event it shall be the duty of the president of the board of trustees of said town, to execute a deed with special warranty, signed by the president, and counter-sonli signed by the clerk thereof.

ies how paid. SEC. 13. It shall be the duty of the board of trustees to cause to be paid to the owner or owners of lots or real estate, all monies which may have bcen paid to the treasurer over and above the amount of the taxes for which they were sold, Special tax. and the cost of selling the same.

Sec. 14. The board of trustees shall have power to levy a special tax for the erection of school houses and the support of common schools within said corporation, and to raise Trustees may money on the credit of the town and corporation for the pur-borrow money pose of commencing and prosecuting works of public improvement: Provided, however, That the same shall be submitted to the vote of the inhabitants of said town and corporation, and approved by two thirds thereof.

All oficers to SEC. 15. The members of the board of trustees, and ev. lake oath. ery other officer of said corporation shall, before entering on the duties of his office, take an oath or affirmation before some judge or justice of the peace, to support the Consti




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Appointment tution of the United States and of this State, and faithfully of constables. demean himself in office.

Sec. 16. The board of trustees shall have power to apDuties. point a town constable or constables, and authorize him to

execute all writs, process and precepts which may be issued against persons for the violation of the laws or ordinances;

to collect all fines, forfeitures and penalties which may be asTerm of office sessed or recovered for the use of the corporation, and to re

quire bond and security of said constable in such sum as they may think proper; said constable or constables shall hold their office during the pleasure of the board of trustees; and said constable shall have concurrent jurisdiction with other

constables on cases arising under the ordinances and by-laws Labor on

of said corporation.'

Sec. 17. The board of trustees for the purpose of keeping the streets, alleys and roads in said town and corpora

tion limits in good order and repair, are hereby authorized to

no require every male resident of said town and corporation liglect.

inits over the age of twenty-one years to labor on said streets, alleys and roads, three days in each ycar, and any person who shall be notified by the supervisor of streets to perform

such labor so assessed, as herein provided, and shail fail or How recover. neglect to perform the same, shall forfeit and pay the sum of

one dollar for each day's labor neglected to be performed; and the supervisor of streets in the proper district is hereby authorized to prosecute such delinquent persons in the name of the president and board of trustees of the town of Marion, before any justice of the peace in said town, and said supervisor shall be a competent witness against said delinquent, and in case of default as aforesaid, the justice of the peace shall enter 'up judgment against said delinquent for the

amount so forfeited, with costs of suit, and issue execution to issue writs.

Sec. 18. It shall be the duty of any justice of the peace residing in said town, on complaint being made to him on oath, of the violation of any law or ordinance of the corporation, or upon view, to issue his warrant directed to the town constable, or any other authorized officer 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 accused has been guilty of the violation of any such May hold and law or ordinance," of the corporation, to impose such fine or sell lands. imprisonment as shall be provided in such law or ordinance.

Sec. 19. The said president and trustees are hereby made capable in law, to take and hold to themselves and suc-.

cessors any lands, tenements, hereditaments, and the rents, Corporate issues and profits thereof, which may be necessary, for the powers.

erection of any market' houses and other public buildings, and the same to sell, grant, and dispose of, if necessary, and to 'sue and be sued, plead and be impleaded, answer and be

Justice peace forth with.

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