« ForrigeFortsett »
thousand eight hundred and thirty-six, being for the relief and benefit of those purchasers and none others.
Approved, February 27, 1841.
An ACT to prevent the unlawful driving away of cattle and other stock
by drovers and others. In force June
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any drover or other person or persons engaged in driving horses, cattle, mules, hogs or sheep through any part of the State of Illinois, Illinois, shall drive off, or shall knowinglyand willingly suffer or pereong j^. permit to be driven off from the premises of any citizen of said vingstockfurState, or from the range in which the stock of any such citizen ther tnan five usually run, to any distance exceeding five miles from such J^f^mctf* by premises or range, any horses, mules, neat cattle, hogs or owner, sheep belonging to such citizen, it shall be lawful for the owner of any such stock so driven off, to follow and reclaim the same wherever it may be found, and for the taking and driving away, or suffering or permitting to be driven away of such stock, the said owner shall be entitled to recover of and from said drover or other person or persons guilty thereof, Jen^l'y *•* for each head of horses, mules, neat cattle, hogs or sheep, so driven away, twice the value thereof, to be recovered in an action of debt before any justice of the peace of the proper county, or any court having competent jurisdiction thereof; Provided, hotvever, That if the drovers shall not pass any habitation within said fire miles, and shall separate said cattle or other stock from the drove at the next habitation, in such case, said action shall not accrue to the owner of the said property.
Sec 2. In any action commenced under the first section . of this act a capias may issue against the defendant or defen- thi^act"11 W dants, upon tha plaintiff stating on oath that he believes some one or more of his cattle or other stock has been driven off by a drover, and that he believes the same to be of a certain value, to be endorsed on the writ, and the proceedings thereon shall be the same as in other actions commenced by capias: Provided, however, That no exception shall be taken Provisoto the form of the oath aforesaid.
Sec 3. Whenever judgment shall be rendered against any person or persons, under the provisions of this act, by Under any justice of the peace, a fi. fa. may issue thereon against ma isgue the goods and chatties of any such defendant or defendants, without affidavit as required in other cases. This act to take effect from and after the first day of June next.
Approved, Feb. 3, 1841.
An ACT to extend the time for taking an enumeration of the inhabitant*
In force, Jan. of this State- .
Sec. 1. Be it enacted by the People of the Slate of Illinois, Commis'rs lQrePresen^edin the General Assembly, That all persons appointtake State e(i by the county commissioners' sourts of the several councensus allow-ties of this State, to take the census or enumeration of the nuarTM! innabitants of any county, shall have until the first day of tomake re- January, in the year of our Lord one thousand eight hundred turns. and forty-one, for the purpose of taking and completing such
enumeration cr census and making the returns thereof, as directed by an act to provide for the taking of the census or enumeration of the inhabitants of the State, approved January thirteenth, one thousand eight hundred and twenty-nine, and the pains and penalties of the said last recited act shall not accrue against the persons taking such census or enumeration until after the aforesaid first day of January.
Approved, January 7, 1S41,
An ACT to incorporate the City of Nauvoo.
In force, Feb.
1, 1841. Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all that district of country embraced within the following boundaries, to-wit: beginning at the north-east corner of section thirty-one, in township seven north of range eight, west of the fourth prinBoundariesofc'Pa^ meridian, in the county of Hancock, and running the city thence west to the north-west corner of said section, thence north to the Mississippi river, thence west to the middle of the main channel of the said river, thence down the middle of said channel to a point due west of the south-east corner of fractional section number twelve, in township six north, of range nine, west of the fourth principal meridian, thence east to the south-east corner of said section twelve, thence north on the range line between township six north and range eight and nine west to the south-west corner of section six, in township six north, of range eight west; thenco east to the south-east corner of said section; thence north to the plat"of'com-P'ace °^ beginning, including the town plats of Commerce merceand and Nauvoo, shall hereafter be called and known by the name Nauvoo of the "City of Nauvoo," and the inhabitants thereof are hereby constituted a body corporate and politic by the name aforesaid, and shall have perpetual succession, and may have and use a common seal, which they may change and alter at pleasure. .. ,i, .
Lots adjoin- ^ec ^' Whenever any tract of land adjoining the city ing the city of Nauvoo shall have been laid out into town lots and duly recorded according to law, the same shall form a, part of the "City of Nauvoo."
Sec. 3. The inhabitants of said city, by the name and Corporate Style aforesaid, shall have power to sue and be sued, plead Powers and be impleaded, defend and be defended, in all courts of law and equity, and in all actions whatsoever; to purchase, receive and hold property, real and personal, in said city, to purchase, receive and hold real property beyond the city for burying ground or for other public purposes for the use of the inhabitants of said city; to sell, lease, convey or dispose of property, real and personal, for the benefit of the city; to improve and protect such property, and to do all other things in relation thereto as natural persons.
Sec. 4. There shall be a city council to consist of a may- City council or, four aldermen and nine councillors, who shall have the qualifications of electors of said city, and shall be chosen by the qualified voters thereof, and shall hold their offices for two years, and until their successors shall be elected and qualified. Term of office The city council shall judge of the qualifications, elections and returns of their own members, and a majority of them shall form a quorum to do business, but a smaller number may Quorum adjourn from day to day, and compel the attendance of absent members under such penalties as may be prescribed by ordinance.
Sec. 5. The mayor, aldermen and councillors, before en-Officers to tering upon the duties of their offices, shall take and sub-lakeoatn scribe an oath or affirmation that they will support the Constitution of the United States and of this State, and that they will well and truly perform the duties of their offices to the best of their skill and abilities.
Sec. 6. On the first Monday of February next, and every Annual electwo years thereafter, an election shall be held for the elec-'ion tion of one mayor, four aldermen, and nine councillors, and at the first election under this act, three judges shall bo chosen viva voce by the electors present, the said judges shall choose two clerks, and the judges and clerks, before entering upon their duties, shall take and subscribe an oath or affirmation such as is now required by law to be taken by judges and clerks of other elections; and at all subsequent elections, the necessary number of judgesand clerks shall be appointed by the city council. At the first election so held the P°UsciosingSpolU shall be opened at nine o'clock, A. M., and closed at six o'clock, P. M., at the close of the polls the votes shall be counted, and a statement thereof proclaimed at the front door of the house at which said election shall beheld; and the certificates of clerks shall leave with each person elected, or at his usual election place of residence within five days after the election, a written notice of his election, and each person so notified, shall within ten days after the election take the oath or affirmation hereinbefore mentioned, a certificate of which oath shall be deposited with the recorder, whose appointment is hereafter provided for, and be by him preserved, and all subsequent elections shall be held, conducted and returns thereof
Qualification of voters
Taxes for city purposes
Bonds of officers
Ordinances and by-Jaws
Vacancies how filled
Fines and forfeitures
Divided into wards
Power to license auctions, &c
made as may be provided for by the ordinances of the city council.
Sec. 7. All free white male inhabitants who are of the age of twenty-one years, who are entitled to vote for State officers, and who shall have been actual residents of said city sixty days next preceding said election, shall be entitled to vote for city officers.
Sec 8. The city council shall have authority to levy and collect taxes for city purposes, upon all property, real and personal, within the limits of the city, not exceeding one half per cent. per annum upon the assessed value thereof, and may enforce the payment of the same in any manner to be provided by ordinance, not repugnant to the Constitution of the United States or of this State.
Sec 9. The city council shall have power to appoint a recorder, treasurer, assessor, marshal, supervisor of streets, and all such other officers as may be necessary, and to prescribe their duties and remove them from office at pleasure.
Sec. 10. The city council shall have power to require of all officers, appointed in pursuance of this act, bonds with penalty and security, for the faithful performance of their respective duties, such as may be deemed expedient; and also, to require all officers appointed as aforesaid, to take an oath for the faithful performance of the duties of their respective offices.
Sec. 11. The city council shall have power and authority to make, ordain, establish and execute all such ordinances, not repugnant to the Constitution of the United States or of this State, as they may deem necessary for the peace, benefit, gnod order, regulation, convenience. and cleanliness of said city; for the protection of property therein from destruction by fire or otherwise, and for the health and happiness thereof; they shall have power to fill all vacancies that may happen by death, resignation or removal, in any of the offices herein made elective; to fix and establish all the fees of the officers of the said corporation not herein established: to impose such fines, not exceeding one hundred dollars for each offence, as they may deem just, for refusing to accept any office in or under the corporation, or for misconduct therein; to divide the city into wards; to add to the number of aldermen and councillors, and apportion them among the several wards, as may be most just and conducive to the interests of the city.
Sec. 12. To licenses, tax. and regulate auctions, merchants, retailers, grocers, hawkers, pedlars, brokers, pawn brokers and money changers.
Sec. 13. The city council shall have exclusive power within the city, by ordinance, to license, iegulate and restrain: the keeping of ferries; to regulate the police of the city; to impose fines, forfeitures and penalties for the breach of any ordinance, and provide for the recovery of such fines and for
feitnres, and the enforcement of such penalties, and to pass
Sec. 14. All ordinances passed by the city council shall Ordinance within one month after they shall have been passed, be pub- when in (tree lished in some newspaper printed in the city, or certified copies thereof be posted up in three of the most public places in the city.
Sec 15. All ordinances of the city may be proven by the How proven seal of the corporation, and when printed or published in book or pamphlet form, purporting to be printed or published by authority of the corporation, the same shall be received in evidence in all courts or places without further proof.
Sec. 16. The mayor and aldermen shall be conservators City council of the peace within the limits of said city, and shall have alltonct asjustithe powers of justices of the peace therein, both in civil and ces of Pcace criminal cases, arising under the laws of the State; they shall as justices of the peace within the limits of said city, perform the same duties, be governed bv the same laws, give the same bonds and security as other justices of the peace, and be commissioned as justices of the peace in and for said city by the Governor.
Sec. 17. The mayor shall have exclusive jurisdiction in Jurisdiction of all cases arising under the ordinances of the corporation, and major shall issue such process as may be necessary to carry said ordinances into execution and effect, appeals may be had Appeal* fro'm any decision or judgment of said mayor or aldermen, arising under the city ordinances, to the municipal court, under Municipal such regulations as may be presented by ordinance. Which courI court shall be composed of the mayor or chief justice, and the aldermen as associate justices, and from the final judgment of the municipal court to the circuit court of Hancock county,in thesame manner asappealsare taken from the judgments of justices of the pcace: Provided, That the parties Proviso litigant shall have a right to a trial by a jury of twelve men in all cases before the municipal court. The municipal court shall have power to grant writs of habeas corpus in all May grant cases arising under the ordinances of the city council. wri,s
Sec. 18. The municipal court shall sit on the first M°n-Terms day of every month, and the city council at such times and court place as may be prescribed by city ordinance. Special meetings of which may at any time be called by the mayor or any two aldermen.
Sec. 19. All process issued by the mayor, aldermen, or jJJ,1^*1 to municipal court shall be directed to the marshal, and in the Cess' pr°