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tion of state and county taxes in counties adopting township organization. The collector of said village shall re. Fees of collector ceive the same compensation for the collection of said assessments as is allowed for the collection of state and county revenue, to be paid out of the proceeds of such assessments, when collected; and said collector shall perform such other duties as the council shall by ordinance direct.

§ 7. It shall be the duty of the clerk of the county court of Cook county, each and every year, to include in such special warrant the school tax assessed upon the property of said village; and the same shall be collected by the collector of said village, and paid over to the treasurer of said village, to be used solely for the support of schools

therein.

Duty of clerk

to include the

school tax.

§ 8. This act is hereby declared a public act, and may Evidence of act. be read in evidence in all courts and places within this state, without proof, and shall be construed liberally for the purpose of carrying into effect the powers hereby granted, and shall take effect and be in full force from and after its passage.

APPROVED March 10, 1869.

AN ACT to incorporate the town of Woodburn.

ARTICLE I.

In force April .

1, 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 town of Woodburn, in the county of Macoupin, and the state of Illinois, be and they are hereby constituted and declared a body politic and corporate, by the name and style of "The Town of Wood- Name and style burn;" and by that name shall have perpetual succession, and may have and use a common seal, which they may change or alter at pleasure.

rate powers.

§ 2. The inhabitants of said town, by the name and General corpostyle aforesaid, shall have power to sue and be sued, to plead and be impleaded, defend and be defended, in all courts of law and equity, and in all actions whatever; to purchase, receive and hold property, real and personal, in said town, and to purchase, receive and hold property, both real and personal, beyond the limits of said town, for burial grounds ane other public purposes; to sell, lease and convey property, both 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 boundaries of the said town shall be defined by the ordinances of the board of trustees thereof, now in

Boundaries of

the town.

Government

of trustees.

force; and all of said ordinances relating to or defining the boundaries of said town, are hereby, in that respect, legalized and confirmed; and whenever any tract of land adjoining said town is laid off into town lots and recorded, the same may be attached to and form a part of the same.

ARTICLE II.

SECTION 1. The government of said town shall be vested in board vested in a town council, of five trustees, one of whom shall act as president of the board, to be chosen annually by the legal voters of said town, who shall hold their offices for one year and until their successors are elected and qualified. No person shall be a member of the town council who is not a freeholder and a qualified voter in said town. If any member of the council shall remove from the town his office shall be declared vacant and refilled by the council.

Eligibility of § 2.

officeholders.

members.

Qualifications 83. The town council shall appoint one of their memand returns of bers president, and shall judge of the qualifications and returns of its own members, and shall determine all contested elections, in such a manner as may be prescribed by ordi

Quorum to do business.

ceedings.

nances.

§ 4. A majority of the town council shall constitute a quorum to do business, but a smaller number may adjourn, from day to day, and compel the attendance of absent members, under such fines and penalties as may be prescribed by ordinance; and shall have power to determine the rules of their own proceedings, punish a member for disorderly conduct, and, with concurrence of two-thirds of their number, expel a member.

Journal of pro- § 5. The town council shall keep a journal of its proceedings, and shall have power to fill all vacancies which may occur therein, by death or otherwise.

Oath of office.

Tie vote, how determined.

§ 6. Each and every member of the town council, before entering upon the duties of his office, shall take and subscribe an oath, before any justice of the peace or notary public of said county, that he will support the constitution. of the United States and of this state and that he will truly perform the duties of his office to the best of his knowledge and ability; and there shall be at least one regular meeting of said council in each month, at such times and places as may be prescribed by ordinance.

$ 7. Whenever a tie shall occur in the election of a member or members of the town council, the judges of election shall certify the same to the justice of the peace of said town, hereinafter mentioned, who shall determine the same by lot, in such a manner as may be prescribed by ordinance.

ARTICLE III.

SECTION 1. On the first Monday of April, an election shall be held in said town of Woodburn, for the election. of the five members of the town council of said town; and forever thereafter, on the first Monday of April, in each year, an election shall be held for said officers.

Election

town council.

justice of

of

the

§ 2. On the first Monday in April, and on the first Election of Monday in April, every four years, forever thereafter, an peace. election shall be held in the said town of Woodburn, for the election of a justice of the peace for said town, who shall hold his office for four years and until his successor is elected and qualified.

Territory de

clared an elec

§ 3. For the election of a justice of the peace, the said town of Woodburn, as herein defined or as hereafter may tion precinct. be extended or limited by ordinance, shall constitute an election precinct; and the first election for officers, under the provisions of this act, shall be held and conducted and returns thereof made as is now provided by the said ordinances of Woodburn for the election of the present officers of the said town, and succeeding elections shall be held and conducted and returns thereof made as may hereafter be provided by the ordinances of the town council by this act created.

84. All persons who are entitled to vote for state officers by the laws of the state, and who shall have been actual residents of said town thirty days next preceding any election held under the provisions of this act, shall be entitled to vote at any such election.

ARTICLE IV.

power

and au

Qualifications of electors.

Power to levy assess and col

SECTION 1. The town council shall have thority to levy, assess and collect a tax or taxes upon all lect taxes. property, real and personal and mixed, within the limits of said town, which is now or may hereafter be subject to taxation for state or county purposes, not exceeding one per centum, per annum, upon the assessed value thereof, and may assess and enforce the collection of the same by any ordinance, not repugnant to the constitution of the United States or of this state.

Appointment of

2. The town council shall have power to appoint a oficers. clerk, treasurer, assessor, town constable and street commissioner, and all such other officers as may be judged necessary for carrying into effect the power conferred upon said corporation by this act, and to require them to give bonds, with such securities, and take such oaths of them as may be necessary to insure the faithful performance of their respective duties, before entering upon the discharge of the same, and who shall possess the same qualifications as are required for a member of the town council.

Vol. IV-30

Appropriations.

General health.

Improvement

of streets.

Auctioneers, peddlers. etc.

Prohibit sale

83. Also, to appropriate money and provide for the payment of the debt and expenses of the town.

§ 4. To make regulations to secure the general health of the inhabitants of the town; to declare what shall be considered a nuisance, and to prevent and remove or abolish the same.

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

§ 6. To license, tax and regulate auctioneers, merchants and retailers, grocers, taverns, eating-houses, peddlers, brokers and money changers, but shall have no power to license the sale of intoxicating drinks, contrary to or inconsistent with any law of this state.

§ 7. To prohibit the sale of intoxicating, malt and ferof ardent spirits. mented liquors; to restrain, prohibit and suppress tippling houses and dram shops, gambling houses, bawdy houses and other disorderly houses within said town.

Exhibitions.

Election of officers.

of officers.

8. To license, tax and regulate theatrical and other exhibitions, shows or amusements; to provide for the trial and punishment of persons who may be engaged in assault and batteries and affrays within the corporate limits of said

town.

9. To regulate the election of town officers, define their duties, and provide for the removal of any persons in office created by ordinance.

Compensation 10. To fix the fees and compensation of all town officers, jurors, witnesses and others, for services rendered under the provisions of this act.

Incumbering

streets.

Running

large of auimals

Fire-arms.

offenders.

§ 11. To prevent the incumbering of the streets, squares, lanes and alleys of said town; to protect shade trees; compel persons to fasten horses, mules and other animals attached to vehicles, while standing upon any street, alley, at lane or uninclosed lot in said town; to prevent the running at large of horses, cattle, sheep, hogs and other animals, and to provide for the impounding and distraining the same, and to provide for the sale of the same for any penalty incurred, and to impose penalties upon the owner or owners of any such animals, for the violation of any ordinance in relation thereto.

§ 12. To prevent the firing of squibs, rockets, guns or other fire works or combustibles within the limits of said town.

Punishment of § 13. To provide for the punishment of persons who may at any time distract the peace of the inhabitants of said town or the deliberations or proceedings of any public meeting of said inhabitants or of the town council when in session.

Regulate police.

14. To regulate the police of the town; to impose fines, penalties and forfeitures for the breach of any ordinance, and to provide for the recovery and appropriation

of such fines and forfeitures and enforcement of such penalties: Provided, that in all cases the right of trial by jury shall be allowed to any person or persons charged with a breach of any of the provisions of this act or any ordinance made in pursuance thereof.

Enforce ordi

nances.

nances.

15. The town council shall have the power to make and enforce all ordinances which shall be necessary and proper for carrying into effect the powers specified in this act, or as the good of the inhabitant of said town may require, so that such ordinances are not repugnant to or inconsistent with the constitution of the United States or of this state. 16. The style of the ordinances of the town shall be, Style of ordi"Be it ordained by the Town Council of the Town of Woodburn." And all ordinances shall, within one month after they are passed, be published in some newspaper printed in said town or made known by posting up copies of the same in four public places in said town; and the certificate of the publisher of said newspaper, or of the clerk of the town, ander the seal of the corporation, shall be prima facie evidence of such ordinance and of its publication; and no ordinance shall take effect until published or made known as aforesaid.

proof of.

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

18. To provide for the erection of all needful public,Needful buildbuildings for the use of the town; to establish markets and market places, and for the government and regulation thereof, and to provide for the inclosing, laying off and improving all public grounds, squares and burial grounds belonging to the town.

ARTICLE V.

OF THE PRESIDENT.

of council.

SECTION 1. The president shall preside at all meetings Presiding officer of the council, when present, and in case of his absence at any meeting the council shall appoint one of their number chairman, who shall preside at that meeting.

§ 2. The president or any two members of the council stated meetings may call special meetings of the same.

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ing laws.

3. The president shall be active and vigilant in en- Active and viforcing the laws and ordinances for the government of the giant in enforctown; he shall inspect the conduct of all subordinate offieers, and cause negligence and willful violation of duty to be punished; he shall have power and authority to call on all male inhabitants of the said town, over the age of eighteen years, to aid in enforcing the laws and ordinances, and, in case of a riot, call out the militia, to aid in suppressing

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