Sidebilder
PDF
ePub

trustees shall require, conditioned for the faithful performance of the duties of their respective offices, and the said clerk, treasurer, street commissioners, auditor, attorney, constable, collector and assessor, shall each take an oath, or af firm, before some person qualified to administer oaths, that they will faithfully discharge the duties of their respective offices, who shall each perform such duties as may be required of them by the president and trustees, not inconsistent with the Constitution and laws of this State.

powers.

of streets.

SEC. 5. The said corporation is hereby made capable in Corporate law to take and hold to themselves and their successors, any lands, tenements and hereditaments, and the rents, issues and profits thereof, which may be necessary for the erection of any market house, or other public buildings, to promote the interest and public good of the inhabitants of said town, and the same to sell, lease, grant and dispose of, if necessary. They Improvement shall also have power to regulate, grade, pave, and improve the streets, lanes, alleys, public squares, and the river shore, not interfering with water lots originally laid out within. the limits of said town and corporation, and to extend, open, close and widen said streets, alleys, and lanes, making adequate Damages by compensation to any person or persons injured thereby, to as- streets. certain which, the board shall cause to be summoned five lawful men, freeholders and inhabitants of said town, not directly interested, who (being duly sworn for that purpose) shall en

opening

quire and take into consideration as well the benefits as the Persons beneinjury which may accrue, and estimate and assess the dama- fited how asges which may be sustained by reason of the opening, widen- sessed. ing or extending of any street, lane or alley, and shall moreover estimate the amount which other persons will be benefited thereby, and shall contribute towards compensating the person injured; 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. The said president and trustees shall sue and be sued, plead and be impleaded, answer and be answered unto, in any court whatever.

laws.

SEC. 6. The president and board of trustees aforesaid Rules and byand their successors, or a majority of them, shall have full power and authority to ordain and establish such rules, bylaws and regulations for their government and direction, and for the transaction of the business and concerns of the corpo ration, as they may deem expedient, and to ordain, establish and put into execution such by-laws, ordinances and regulations as shall seem necessary for the government of said corporation and the safety of the property in said town, and for the management, control, disposition and application of its corporate property, and generally to do and execute all and regular [singular] such acts, matters and things as to them may

Corporation

tax.

May tax shows.

seem necessary, not contrary to the Constitution and laws of this State.

SEC. 7. The said president and trustees shall have power to levy and collect a tax, not exceeding one-half of one per centum, on all lots, improvements and personal property, lying and being in said town, according to valuation; to tax public shows, and houses of public entertainment, taverns, stores and groceries, for the purpose of making and improving the streets and keeping them in 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 president and trustees may adopt such modes and means for the assessment and collection of taxes as they may from time to time fix upon and determine, and to provide the manner of selling property when the tax levied upon it is not paid: Provided, That when a tax is due and unpaid, on any town lot or lots, or other real estate, and no personal property is to be found upon which a levy can be made, then and in that case, the collecting officer shall make report to the circuit court of Rock Island county, at the same time and in the same manner as collectors of State and county tax now are or hereafter may be required to do under the revenue laws of this State, and the same proceedings shall be had thereon, Lands sold for in said court, as are to be had in similar cases in the collection of State and county tax on real estate, and the proceeds arising from the sale of real estate for the corporation tax as aforesaid, shall be paid over to the treasurer of said corporation by the officer selling the same.

Proviso.

taxes.

ers.

SEC. 8. The president and trustees of said town, or a Further pow- majority of them, shall have power to preserve order and harmony in said town, or cause it to be done, and to punish and prevent open indecency, breaches of the peace, gambling, gaming houses, horse racing, shooting, and all disorderly houses, and riotous meetings, to remove obstructions in the streets, squares, lanes and alleys of said town, to declare what is a nuisance and remove the same, for which purpose they may make such by-laws and ordinances as to them may how seem expedient, and not inconsistent with any public law of this State, and they may impose fines for the breach thereof, which fines shall be recoverable before any justice of the peace residing in said town, and all suits and judicial proceedings instituted under this act, shall be brought in the name and style of "The President and Board of Trustees of the town of Rock Island.

Suits brought.

SEC. 9. It shall be the duty of any justice of the peace Offenders how residing in said town, and he is hereby authorized and empunished. powered, upon the violation of any law or ordinance of said corporation, to issue his warrant, directed to the constable of said town, or in case of his absence, to any constable of the county, to apprehend the offender or offenders, and bring

him or them forthwith before him, and after hearing the evi-
dence, if it shall appear that the said accused has been guilty
of the violation of any such law or ordinance of the corpora-
tion, to impose such fine or imprisonment as shall be pointed Proviso.
out in such law or ordinance: Provided, Such fine shall not
exceed five dollars, and imprisonment not to exceed twenty-
four hours: Provided, however, That writs of certiorari and Further pro-
appeals shall be granted from judgments under this act as in viso..
other civil cases; and in all criminal cases the defendant shall
be entitled to an appeal to the circuit court, by entering into
bond or recognizance, as the case may require, before the Appeals.
justice of the peace, within twenty days after the rendition
of the judgment, with such securities and in such an amount

as the justice may think right and proper; and all fines impo- Fines
sed for a breach of the peace or violation of the corporation paid.
ordinances, shall be paid into the treasury of said corpora-
tion, for its use and benefit.

taxes.

how

SEC. 10. That when any town lots or real estate shall be Redemption sold for taxes, by virtue of this act, the same may be redeem- of lots sold for ed at any time within two years from the date of such sale, by the owner of said property, or his or her agent, heirs, 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 twenty per centum per annum, together with costs accruing thereon.

SEC. 11. That upon the application of the owners of twothirds of the front lots on any street, or parts of a street, it Special tax. shall be lawful for the board of trustees to levy and collect a special tax, on the owners of the lots on said street, or parts of a street, according to their respective fronts, not to exceed one per centum, for the purpose of grading and paving the side walks on said street.

SEC. 12. That all ordinances of said president and board Ordinances of trustees shall be fairly written out, signed by the presi- how published dent and clerk, and published in the weekly newspaper printed in said 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 six days.

Fees of offi

SEC. 13. That justices of the peace and constables who are required to render services under this act, shall be enti- cers. tled to the same fees, and may collect them in the same manner as now is, or hereafter may be provided by law.

Special meet

SEC. 14. That the president, or any three of the trustees, shall have power to call a meeting of the board, by giving ings. 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, and compel the attendance of absent members, and in the event that the notice of an election Special elecis not given, as required by this act, or from any other cause, tion. that an annual election should not be holden at the proper time, it shall be lawful for the last clerk of the board, or any

Election

charter.

two qualified voters in said town, at any time thereafter, to give notice as aforesaid, of the time and place of holding a special election, and the trustees elected at such special election shall have all the powers conferred by this act. This incorporation may at any regular annual election for trustees be dissolved, by three-fourths of the votes given being in favor of such dissolution, in which case this act shall be void and null.

for SEC. 15. That an election shall be held in the said town of Stephenson on the first Monday of May next, where all per sons who may be entitled to vote for members of the Legis lature, may vote for or against being incorporated under the provisions of this act, with the change of name proposed, and should there be a majority of the persons voting in favor of accepting the provisions of this act, then it is to be and remain in force, otherwise to be null and void.

In force Feb. 27, 1841.

eate road.

Approved, February 27, 1841.

An ACT to extend the location of the Darwin and Charleston Turnpike, from Charleston to Springfield.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Elisha Linder and Com'rs to lo-Thomas Marshall of Coles county, and William Todd of Shelby county, and William B. Archer of Clark county, and Elijah Iles of Sangamon county, be, and they are hereby appointed commissioners to view, survey, extend and locate the Darwin and Charleston turnpike, from Charleston by Nelson or Juliana, by Mount Auburn in Christian county, to Springfield.

Time & place of meeting

SEC. 2. Said commissioners or a majority of them shall meet at Charleston in the month of April next, and previous to entering upon the discharge of the duties enjoined on them, shall be sworn and make oath before some judge or justice of the peace of the State, that they will faithfully and To be sworn impartially, to the best of their judgment, view, survey and extend the location of said road with a view to the public good and the permanency of the road.

Location

SEC. 3. Said commissioners shall review the present location from the first angle west of Westfield to Charleston with a view of crossing the Embarrass river at Baker's and Norfolk's mill, and if, in their good judgment, the latter should be found to be the shortest and a more preferable route, they shall make the alteration and permanent location from said angle by way of said mill to Charleston, and it shall be the duty of said commissioners to examine fully and carefully the country between Charleston and Springfield, and keeping in view the public good, and the best interests of the State, they shall locate said road on the nearest and most eligible route for a permanent turnpike, making

[ocr errors]

REGATTARIT

the whole width of the road eighty feet, placing a line of Width stakes in the centre, at each angle a stone, or a stake if a stone cannot be coveniently procured; and at suitable distances side stakes of durable timber, well driven and planted in the ground, marking the trees on a true line through timbered land, and at the termination of each mile from the point of commencement, a suitable post of durable timber, painted, shall be firmly planted in the ground, with letters Mile posts and figures showing the exact distance in miles from Springfield to Marshall, (National Road) and from Marshall to Springfield.

SEC. 4. It shall be the duty of said commissioners to make a report with a plat of said road, giving the courses, distanReport & plat ces, notable places and streams, which shall be filed in the in- to be filed ternal improvement office, or the office having in charge the original papers, reports and proceedings of said Darwin and Charleston turnpike road, at Springfield, to be filed and preserved in said office, and a similar report and plat, with the courses and distances of the portion thereof lying and being in each county, shall be furnished to the commissioners' court of each county through which the same shall pass, to be recorded and filed.

『,

Expenses how

SEC. 5. The compensation to said commissioners shall be one dollar and fifty cents each per day; to the surveyor two Pay of com'rs dollars per day, and the necessary hands, seventy-five cents each for each and every day necessarily employed in locating and establishing as contemplated by this act, said road; the whole bill of expenses shall be made out and certified by said commissioners and the same shall be equally divided be- paid tween the counties of Clark, Coles and Sangamon, and each county commissioners' court shall order the amount due to be paid to the individuals entitled to the same, and the county commissioners' court shall cause the road to be opened and improved without delay. Approved, February 27, 1841.

An ACT supplemental to the charter of the Springfield and Alton Turnpike road company.

[ocr errors]

SEC. 1. Be it enacted by the People of the State of Illinois, In force Feb. represented in the General Assembly, That the Springfield and 27, 1841. Alton turnpike road company be, and they are hereby authorized to take and appropriate the work and materials on

[ocr errors]

to

work and ma

so much of the western division of the Alton and Mount Carmel railroad, as extends from the public landing in the C mpany city of Alton, to the juncture of said railroad with the Al-appropriate ton and Shelbyville railroad, together with all the timber and aterils. other materials that have been furnished and not used for the first mentioned railroad, and so much of the work done and materials furnished upon the Alton and Shelbyville railroad as extends from the juncture aforesaid, towards its con

[ocr errors]
« ForrigeFortsett »