the poll books of such elections before the board at its first meeting. All subsequent elections shall be held and conducted and returns made as may be prescribed by ordi

nance.

voters.

§ 9. All free white male inhabitants of said town, over Qualification of twenty-one years of age, who have resided in said town six months next preceding any election, shall be entitled to vote for town officers.

lect taxes.

10. The president and trustees shall have power, Levy and coland authority to levy, assess and collect a tax upon all property, real, personal and mixed, in said town, which is now or may be hereafter subject to taxation for state or county purposes, not exceeding one-half of one per centum, per annum, upon the assessed value thereof, and may assess and enforce collection of the same by any ordinance, not repugnant to the constitution of the United States; or the trustees may, if they think proper so to do, by ordinance, adopt the annual assessment made of the property of said town by the county assessor, and cause the same to be collected by the county collector.

assessments.

§ 11. If the president and the trustees of said town shall Adoption state determine to adopt the assessment made by the authority of the state and county, they shall give to the officer whose duty it is by law to extend the tax by existing laws, notice of their intention so to do, (which notice shall be a copy of their records,) and also the rate of taxation, and upon the receipt of such notice the said tax shall be extended and collected, and its collection enforced in the same manner as other revenue; and the said clerk and collector shall receive the same compensation as is now provided by law for the collection of state and county taxes: Provided, nothing contained in this act shall be so construed as to prevent the said corporation from providing for the assessment and collection of such taxes by ordinance.

§ 12. The said board shall have power to appoint such officers as may be adjudged necessary for carrying into effect the powers conferred upon said corporation by this act, and to require them to give such bond, with such security, and to take oaths as may be adjudged necessary to insure a faithful performance of their respective duties.

Appointment of officers.

And shall have power to appropriate money and provide Appropriations. for the payment of the debts or expenses of the town.

To make regulations to secure the general health of the General health. inhabitants of the town; to declare what shall be considered

a nuisance, and to prevent and remove the same.

Improvement of streets,

To open, establish, alter, abolish, widen, extend, grade or otherwise improve and keep in repair, streets, alleys and and new alleys lanes in said town, and erect, maintain and keep in repair bridges.

To provide for the erection of all needful buildings, for Public buildings the use of said town, and to provide for the inclosing, laying

Auctioneers, peddlers, etc.

Prohibit sale

of liquor.

Tippling houses

Extinguishment

of fires.

Partition fences

Census.

Regulate elec

off, improving and regulating all public grounds, squares and burial grounds belonging to said town.

To license, tax and regulate auctioneers, peddlers, theatrical and other exhibitions, shows and other amusements. To license, tax, regulate suppress and prohibit the selling and trafficking in spirituous, vinous and malt liquors.

To restrain, prohibit and suppress tippling houses, dram shops, gaming houses, bawdy houses, and other disorderly

houses.

To provide for the prevention and extinguishment of fires, and to organize and establish fire companies.

To regulate partition fences, and provide for the inspection of hay, corn, wheat, oats and stone coal, and for the measurement of wood and fuel, to be used in said town. To provide for taking the enumeration of the inhabitants of said town.

To regulate the election of town officers, define their dution of officers. ties, and provide for the removal of any person holding an office under the ordinances.

To fix the fees and compensation of all town officers, jurors, witnesses and others, for services rendered under this act or any ordinance.

To impose fines, penalties and forfeitures for the breach of any ordinance, and to provide for the recovery and ap propriation of such fines and forfeitures, and the enforcement of such penalties.

To prevent the incumbering of the streets, squares, lanes and alleys of said town; to protect shade trees; to compel persons to fasten horses, mules and other animals attached to vehicles, while standing upon any square, street, lane, alley or any uninclosed lots.

To prevent the running at large [of] mischievous or diseased animals, and to impose penalties upon the owners of such animals for the violation of any ordinance in relation thereto.

To prevent the running at large of dogs, and to provide for the destruction of the same when running at large contrary to ordinance.

The

§ 13. The president and board of trustees shall have power to make all ordinances which shall be necessary and proper for carrying into execution the powers specified in this act, so that such ordinances shall not be repugnant to the constitution of this state and of the United States. style of the ordinances of the town shall be: "Be it ordained by the President and Trustees of the town of Summerfield." And all ordinances shall, within one month after they are passed, be published in a newspaper printed in said town, or if no newspaper is printed in said town, by posting copies of the same in four public places in said town; and the certificate of the publishers of such newspaper, or of the clerk of the board, under the seal of the cor

poration, shall be prima facie evidence of such publication. No ordinance shall take effect until published as aforesaid.

Proof of ordi

§ 14. All ordinances may be proven by the seal of the town, and when printed or published in book or pamphlet nances. form and purporting to be printed or published by authority of the corporation, the same shall be received as evidence in all courts and places, without further proof.

§ 15. The president of the board shall preside at all Presiding oficer meetings of the board, when present; and in case of his absence at any meeting, the board may elect a temporary chairman. He shall at all times be vigilant in enforcing the laws and ordinances for the government of the town. He shall inspect the conduct of all subordinates, and cause negligence and willful violation of [duty] to be punished. He shall have power and authority to call on all male inhabitants of said town, over the age of eighteen years, to aid in enforcing the laws and ordinances, and, in case of a riot, to call out the militia, to aid in suppressing the same or carrying into effect any laws and ordinances; and any person who shall refuse to obey or fail to obey such call shall forfeit and pay to the said corporation the sum of five dollars.

Justices commissioned by

§ 16. The said justice shall be commissioned by the governor as other justices, and he shall have and exer- the governor. cise the same power and jurisdiction conferred upon the justices of the peace by laws of this state, and shall have exclusive jurisdiction in all cases arising under the ordinances of the corporation, and shall receive the same fee and compensation allowed for similar services under the laws of this state to other justices of the peace; and for every willful and corrupt oppression, malconduct or partiality or palpable omission of duty in his said office, may be indicted in the circuit court of St. Clair county, and, upon conviction, shall be fined in a sum not exceeding one hundred dollars; and the court shall have power, upon the commendation of the jury, to make his removal from office a part of the judg

ment.

sidewalks.

17. The president and trustees shall have power, by Construction of ordinance, to make pavements or sidewalks in said town, as to them may seem needful: Provided, always, that the lot in front of which any sidewalk is made shall be taxed to pay at least one-half of the expense for making said sidewalk, and said tax to be collected as other taxes are collected by the provision of the tenth and eleventh sections of this act or as may be provided for by ordinance.

18. The president and trustees, for the purpose of keeping the streets, alleys, lanes, avenues and highways in repair, to require every able-bodied male inhabitant of the said town, over the age of twenty-one years' and under fifty, to labor on said streets, lanes, alleys, avenues and highways of said town, not less than two nor more than Vol. IV-25

Ichabitants to

labor on streets,

alleys, etc.

Punishment of offenders.

Exempt from

road labor.

All writs issued

debt.

three days in each year; and every person failing or refusing to perform such labor, after being notified, as may be provided by ordinance, shall forfeit and pay one dollar per day for each day so neglected and refused.

19. The president and board of trustees shall have power to provide for the punishment [of the offenders] against any ordinance, in the county jail, in all cases where such offenders shall fail or refuse to pay the fines and for feitures which may be recovered against them.

20. The inhabitants of said town shall be exempt from the performance of road labor and the payment of road tax levied by authority of the county court; and the entire jurisdiction and control of the roads, highways and bridges in said town shall be held and exercised by the president and trustees as aforesaid.

§ 21. All writs for the recovery of penalties for the to be in form of breach of any ordinance of said town, shall be in the form of an action of debt, before the justice of the peace, or in case of his absence or inability to act, then before some Appeals allowed other justice of the peace of said town or precinct. Changes of venue, appeals and writs of certiorari shall be allowed in cases commenced before the said justices of the peace: Provided, the said corporation shall be allowed to appeal in any case in which they are parties, by causing their secretary to execute a bond, in the name of said corporation, in the form now prescribed by law in other cases, without other security; and an order entered on the record of said corporation, directing said appeal, shall be sufficient evidence of the authority of said secretary to sign said bond.

Jurisdiction of constables.

Sults in corporate name.

taxes.

22. The town constable elected under the provisions of this act shall have power and authority to execute process issued for the breach of any ordinance of said town, and, for that purpose, his power and authority shall extend over the county of St. Clair, and shall have the same power, jurisdiction and authority, within the limits of said town, as other constables under the laws of this state, and shall give bond and qualify as the board shall by ordinance prescribe.

23. All suits for fines and penalties, and for the violation of any ordinance, shall be in the name of the town of Summerfield; and the said corporation shall have power to regulate, by ordinance, the form of the first and of any subsequent process and the mode of executing the

same.

Collection of § 24. All the proceedings shall be had in reference to the delinquent taxes as are now or shall be required by the state revenue laws for the collection of state and county taxes; and the collector shall give due notice, in some newspaper published in said town, or if no newspaper be published in said town then in some newspaper published

in the city of Belleville, and make application to the county court of St. Clair county for a judgment against said delinquent lands and lots; and the said county court shall have jurisdiction over the same. The sale of said lands and lots Sale of land. shall be within the limits of said town; and the collector shall have full power and authority to make and execute all deeds and conveyances under this act when thereto directed by said board of trustees.

land.

§ 25. That when any town lot or real estate shall be, Redemption of sold for taxes, by virtue of this act, the same may be redeemed at any time within two years after the date of such sale, by the owner of said property or his or her agent, attorney, executor, administrator or other representatives paying to the treasurer of said town the amount of redemption money required by law, as the same is now provided or may be provided for redemptions under sales held for taxes under the revenue laws; and the same right shall be secured to minors as is now provided by law.

trustees.

§ 26. For the purpose of carrying this act into effect, appointment of Charles S. Dew, Samuel B. Scott, Wm. S. Babcock, Wm. H. Hill and Edgar F. Casad are hereby constituted corporated trustees; and any failure to hold the first election under this act [at] the specified time shall not work a forfeiture thereof, but the said election may be held at any day thereafter, by three legal voters giving ten days' public notice of the same.

27. The qualified voters, within the corporation hereby Submitted 10 created, shall vote on the last Tuesday in April next for or legal voters. against the adoption of this charter, under this act; and if

a majority of all the votes cast at said election are in favor of the adoption of this charter then this act shall be in full force; otherwise to be null and void.

APPROVED March 29, 1869.

AN ACT to incorporate the town of Topeka.

In force April 10, 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the inhabitants and residents of the village of Topeka, in the town of Quiver, in the county of Mason. are hereby made a body corporate and politic, in law and in fact, by the name of "The President and Trustees of the Town of Topeka ;" Name and style. and, by such name and style, shall be forever able and capable, in law and equity, to sue and be sued, to plead and be impleaded, to answer and be answered unto, to defend and be defended, in all manner of suits, actions, plaints, pleas, causes, matters and demands, of whatever kind or na