beer, porter, cider or other intoxicating liquors within the 9. To provide for inclosing, improving and regulating public grounds. all public grounds belonging to said town, or that hereafter may be acquired by said town. 10. To provide for the inspection or weighing of hay, forage and fuel. and measuring of fire-wood and other fuel sold in said town. Inspection of 11. To make regulations to secure the general health General health. of the inhabitants of said town, to prevent the introduction of contagious diseases, and to prevent any dead bodies, night soil, or corrupted or filthy substances or things from being deposited in said town; to prevent and remove nuisances, and punish the authors thereof by fines, penalties or imprisonment, and to make all necessary laws and rules for such purpose and to enforce the same; but nothing in this act shall be so construed as to oust courts of jurisdiction by indictment or otherwise. 12. To restrain, prohibit and punish by fine or impris- Defacing trees. onment the cutting of trees, shrubbery upon any of the public grounds, highways, streets or alleys in said town. assist When vacan 13. To appoint town constables, to fill any vacancy cies occur, how caused by death or resignation of any constable, and to filled. any constable in case of necessity. Said constables shall be qualified by taking the oath of office in the same manner that elected constables are qualified; and shall have the same power and anthority to serve writs, make arrests, and do any and all things or acts within the power or authority of constables; and said board of trustees shall also power to provide reasonable compensation for services and expenses of such constables. have ARTICLE III. offenses. SECTION 1. Any justice of the peace of said town, or Jurisdiction of any court of record of Randolph county, shall have juris diction of any offenses, under the orders, or ordinances or resolutions of said board of trustees. in name of town §2. All actions brought to recover any penalty or for- Buits instituted feiture or fine incurred under this act, or the ordinances, or resolutions, or police regulations made in pursuance of this act, shall be brought in the corporate name of said town. It shall be lawful to declare generally in debt for such penalty, forfeiture or fine, stating the clause of this act, or the by-laws or ordinances under which the penalty, for feiture or fine is claimed, and to give the special matter in evidence under the same. a summons. First process § 3. In all prosecutions for the violation of any ordinance, by-law, police regulation or other regulation, the first process shall be a summons, unless oath or affirmation be made for a warrant as in other cases. Any fine imposed for any violation of any order, ordinance or regulation, shall be paid to said board of trustees, and shall be used by said board to defray such expenses as may be incurred in the exercise of their lawful powers. Expenses paid by special as sessments. assessinents. 4. The expenses of any improvement mentioned in the foregoing sections shall be assessed upon the real estate in said town benefited thereby, with the costs of the proceedings therein in proportion, as nearly as may be, to the benefit resulting thereto: Provided, that no greater amount be levied upon any such real estate than the actual benefit derived from such special improvement. Amount of 5. The amount to be assessed for any such improvement or purpose shall be determined by the said board of trustees, and said board shall by ballot appoint two respectable freeholders of said town, who with the assessors of said town (who shall, ex officio, be one of the three commissioners to make such assessment) shall constitute the board of commissioners to make such assessments. commissioners. Duties of the § 6. Said board of commissioners shall be sworn faithfully and impartially to make such assessments and perform their duty to the best of their ability. Notice commissioners. by § 7. Before entering upon their duties said commissioners shall give six days' notice to all persons interested by posting up printed or written notices in three of the most public places in said town, of the time and place of meeting, and they may if necessary adjourn from time to time. § 8. The commissioners shall assess the amount directed to make assess- by the said board of trustees, to be assessed upon the real proving streets. estate by them deemed benefited, resulting thereto as nearly as may be, and briefly describe in the assessment roll to be made by them the real estate in respect to which any assessment is made. Commissioners meut for Return of assessment list to 9. When said commissioners shall have completed their towa clerk. assessment and made a correct copy thereof, and each commissioner shall have signed the same, they shall deliver the assessment roll to the town clerk of said town within sixty days after appointed as such board of commissioners, and thereupon the town clerk shall cause written or printed notices, in which shall be designated the time and place for hearing objections, posted up in three of the most public places in said town, for the space of six days, notifying all persons interested, of the completion of the assessment, and the filing of the assessment roll. Appeals, how taken. § 10. Any person or persons may appeal to the board of trustees of said town for the correction of the assessment. Appeals shall be writing and filed in the office of the town clerk within sixty days after the notice shall have been posted up as provided in the foregoing section. The board of trustees may adjourn such hearing from day to day, and shall have power, in case of appeals or otherwise, in their discretion to revise and corre t the assessment roll in any way they may deem best, by appointing three other commissioners or otherwise, and when confirmed it shall be final and conclusive. When confirmed the assessment shall be collected as hereinafter provided, and no appeal or writ of error shall lie in any case from such order or determination. § 11. If any assessment be set aside by order of any New assessment court, the board of trustees may cause a new assessment to be made, and such new assessment shall be collected as hereinafter provided. § 12. If at any time any vacancy shall occur in the Vacancies, how board of commissioners, by reason of removal, failure, re-filled. fusal, or inability from sickness or other cause to serve, the board of trustees may fill such vacancy. When assessmeut insam § 13. If the first assessment be insufficient, another may be made in the same manner, or if too large a sum shall at cent any time be raised the excess shall be refunded to those by whom it was paid. of commission ers. § 14. The said board of commissioners shall be sworn Compensation into office by the town clerk, and they shall be allowed two dollars per day, each, for actual service, which together with all other expenses incurred by any assessment made in pursuance of this act, shall be deemed part of the expense of the improvement and shall be included therein. Confirmation of § 15. When the assessment shall have been confirmed, assessments. as herein before provided, it shall be the duty of the town. clerk to file the same in the office of the clerk of the county court of said Randolph county, and it shall be the duty of said clerk of said county court, in the warrant next thereafter to be issued for the collection of state and county taxes levied upon the real estate in said town of Steele, to set down in a column provided for that purpose opposite the several lots, pieces or parcels of real estate upon which as sessments which have been made for benefits as hereinbefore provided, the amount of said assessments respectively, and it shall thereupon be the duty of the collector of taxes for the state and county, to collect the said assessments, and enforce the payment thereof in the same manner and with all the right, power and authority that he has to collect state and county taxes, and shall pay the same over to the supervisor or the officer entitled to receive the town tax, at the same time that he is required to pay over the county revenue, and the proper court of said county shall render judgment against and order the sale of any lot, piece or parcel of real estate for the non-payment of the assessment and costs in the same manner as is or may be provided for state and county taxes, and judgment shall be rendered for the ag Sale, how conducted. Exemption. act. gregate amount for state and county and other taxes and the assessment aforesaid. § 16. The sale shall be conducted upon the same notice and judgment, and in the same manner, as is or may be provided by law for state and county taxes. § 17. The right of exemption shall exist and be exercised in the same manner, and deeds for property sold for any assessment levied under this act shall be executed by the same persons, and shall have the same effect as evidence, as deeds executed in pursuance of the laws now in force or hereafter to be enacted providing for the collection of state and county taxes in the counties adopting township organization. The collector shall receive the same compensation for the collecting of such assessment as is allowed for the collecting of state and county taxes, to be paid out of the funds of said town of Steeleville, and shall be liable on his official bond for the faithful performance of the duties required of him under this act. Construction of 18. This act shall be deemed a public act and shall be construed in the most liberal and beneficial manner to carry out its provisions, and shall take effect and be in force from and after its passage. APPROVED March 15, 1869. In force April AN ACT to incorporate the town of South Pass, in the county of Union. 15, 1869. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the residents of the east half of the north-west quarter, the east half of the south-west quarter of section thirty (30), and the east half of section thirty (30) and the west half of the north-west quarter and the west half of the south-west quarter of section twenty-nine (29), in town number eleven (11) south, range number one (1) west of the third principal meridian-said sections being in Caspar precinct, in Union county, in the state of Illinois, be and they are constituted a body politic and corporate, by the name and style of Name and style. "The Town of South Pass;" and, by that name, shall have perpetual succession, and may have and use a common seal, which they may alter at pleasure. Corporate pow ers. 2. The inhabitants of said town, by the name and style aforesaid, shall have power to sue and be sued, to 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, within or bevond the limit of said town, for burial purposes, for public parks, or other public purposes; to sell, lease and convey property, real and personal, for the use of said town, and to protect and improve any such property, as the public good may require. § 3. The governinent of said town shall be vested in a board of seven trustees, who shall all be elected annually by the qualified voters of said town, who shall hold their office for one year and until their successors are elected and qualified. No person shall be eligible to the office of trustee in said town who is not an actual resident of said town, owns real estate in said town to the assessed value of one thousand dollars ($1,000), and is a legal voter at the corporate elections of said town, and can hold such office only during his actual residence in said town. Powers vested in trustees. 84. The trustees shall appoint one of their number Appointment of president; shall judge of the qualifications of their own president, members; shall appoint three legal voters, who shall act as judges of elections; shall appoint a clerk, and provide for keeping a record of their own proceedings; shall appoint a constable, an assessor, a treasurer, (who shall be collector), a street commissioner, and such other officers as may be necessary for the public good. 5. The trustees, before entering upon the duties of Oath of office. their office, shall each take and subscribe an oath, before some person authorized to administer oaths, to support the constitution of the United States and of Illinois, and faithfully to perform the duties of their office. A majority of the trustees shall constitute a business quorum, but a minority may adjourn, from day to day, and may compel the attendance of absent members, under such penalties as may be prescribed by ordinance. They may determine their own rules of proceedings; may punish members for disorderly conduct, and by a two-thirds vote of all members elected, expel a member. They may fill any vacancy which may occur in the board. The board shall hold its meetings at such times and places as may be designated by ordinance. § 6. Whenever a tie shall occur in the election of any trustee, the police magistrate, hereinafter mentioned, shall decide the election by lot, in such manner as shall be prescribed by ordinance. Tie vote, how determined. trustees. 7. On the first Monday in March next, an election Election shall be held in the town of South Pass, at the usual place of holding elections, for the election of seven trustees, as above provided, and one police magistrate. The polls shall be open from the hour of one until the hour of five, in the afternoon. And Mortimer Hansacker, L. T. Linnell and Henry Frick shall be the judges of this election; and forever thereafter, on the first Monday of March, of each year, an election shall be held for said officers. § 8. All persons, being legal voters in this state, and who shall have resided within the limits of said town of South Pass, as above described, for one year next preceding and who shall have paid a state and county or road tax of Qualifications of electors. |