or straightening any street, alley or other highway or public ground, to the same court or courts of Livingston county who have, by law, jurisdiction in cases of appeal from decisions of justices of the peace. After the passage of said final order, said court to determine such appeal and confirm or annul the proceedings, from which judgment no appeal or writ of error shall lie. Upon trial of the appeal, all questions involved in said proceedings, including the amount of damages, shall be opened to investigation, by affidavit or oral testimony adduced to the court, or upon application of the town, or any party, the amount of damages may be assessed by a jury in said court, without formal pleadings, and judgment rendered accordingly. The court shall not set aside the proceedings or final order of the town council for omissions or informality, unless injury has resulted therefrom.

21. When any owner, known, or other persons having an interest in any real estate, residing in the town or elsewhere, shall be an infant, and any proceedings shall be had under this act, the judge of the circuit court or any judge of a court of record within Livingston county, may, upon the application of the town council or such infant or his next friend appoint a guardian for such infant, taking security from such guardian for the faithful execution of such trust; and all notices and summons required by this act shall be served upon such guardian; and the final determination of either the town council or court, in the premises, shall be conclusive upon such infant, and the proceedings shall not be opened at any time thereafter.

8 22. The town council, for the purpose of purchasing May and procuring lands for public squares and improving and money. ornamenting public squares and streets, erecting necessary buildings and otherwise improving and ornamenting the town, shall have power, and are hereby authorized, to borrow money or loans, on the faith and pledge of the town, in such sums, for such time and such rates of interest, not exceeding ten per cent. per annum, as may be deemed for the benefit of said town, and to issue bonds or other obligations therefor, under the corporate seal, signed by the presi dent and clerk of the town council.

borrow

on real estate

§ 23. The cost of the purchasing, condemning or other- Assessment upwise procuring public grounds or squares and of improving benented. and ornamenting the same, shall be paid, one-half by the real estate immediately benefited and the other half out of the general fund of said town.

24. The town council shall have power and authority Gaming houses. to suppress, distrain, prohibit and destroy billiard tables, faro tables, lotteries, horseraces and all other articles or things they may deem a nuisance within said town and within one mile of the bounds thereof.

Incompetent

nesses.

§ 25. No person shall be an incompetent judge, justice, Judges and wit- witness or juror, by reason of being a resident or freeholder in the town of Dwight, in any action or proceeding in which said town shall be or is a party in interest.

Suits instituted.

26. No suit shall be brought against said town, except in a court of record, nor shall any writ of execution be issued for the collection of any judgment recovered against said

town.

Inhabitants to labor on streets, alleys, etc.

Exempt from

road labor be

ARTICLE VII.

SECTION 1. The town council shall have power, for the purpose of keeping in repair the streets and alleys and public squares of said town, to require every male inhabitant. of said town, over the age of twenty-one years, to labor on said streets, alleys and public squares, not exceeding two days in each year; and any person failing to perform such labor, when duly notified, shall forfeit and pay the sum of one dollar to said town, for each day so neglected or refused.

2. The inhabitants of said town of Dwight are hereby yond the limits. exempted from working on any road beyond the limits of said town and from paying any tax for the same.

Punishment of offenders.

Annual statement of the receipts and expenditures.

All ordinances in full force.

• Suits in corporate name.

Fines and penalties.

3. The town council shall have power to provide for the punishment of offenders against the ordinances of said town, by imprisonment in the county jail, not exceeding thirty days for any one offense, and in all cases where such offenders shall fail or refuse to pay the fines, forfeitures and costs which may be recorded or adjudged against them; and it shall be the duty of the magistrate or other court, before whom the same shall be tried, to direct that such. offenders shall be committed to the county jail until such fines, forfeitures and costs shall be paid or otherwise discharged by process of law.

§ 4. The town council shall cause to be published, annually, a full and complete statement of all money received and expended during the preceding year, and on what account received and expended.

5. All ordinances and resolutions passed by the present president and trustees of the town of Dwight shall remain in force until the same shall have been repealed by the town council hereby created; and the said president and trustees shall continue in office and exercise all the powers with which they are now vested until the town council hereby created shall have been elected and qualified.

6. All suits, actions and prosecutions instituted, commenced or brought by the corporation hereby created, shall be instituted, commenced and prosecuted in the name of the town of Dwight.

7. All actions, fines, penalties and forfeitures which have occurred to the president and trustees of the town of

Dwight shall be vested in and prosecuted by the corporation hereby created.

ration.

§ 8. All property, real and personal, heretofore belong- All property ing to the president and trustees of the town of Dwight, rested in corpofor the use of the inhabitants of said town, shall be and the same are hereby declared to be vested in the corporation hereby created.

date previous

§ 9. This charter shall not invalidate any act done by Not to invalithe president and trustees of the town of Dwight, nor divest acts. them of any rights which have accrued to them prior to the passage of this act.

§ 10. Appeals shall be allowed in all cases arising un- Appeals taken der the provisions of this act or of any ordinance passed to circuit court. in pursuance of this act to the county or circuit court of Livingston county, and every such appeal shall be taken and granted in the same manner and with like effect as appeals are taken from and granted by justices of the peace to the circuit court in similar cases, under the laws of this state: Provided, the said corporation shall be allowed to appeal in any case in which it is a party, by causing its president or clerk to execute a bond, in the name of the corporation, in the form now prescribed by law in other cases, without other security; and an order entered upon the records of said corporation, directing said appeal or approving the same, shall be sufficient evidence of authority to sign said bond.

of act.

§ 11. The president and trustees of the town of Dwight Promulgation shall, immediately after the passage of this act, take measures to promulgate the same within the limits of said town.

§ 12. This act is hereby declared to be a public act, and Evidence and may be read in evidence in all courts of law and equity proof of act. within this state without proof.

13. The town marshal or constable or any other officer authorized to execute writs or any other process issued by the police magistrate of said town, shall have power to execute the same anywhere within the limits of the county of Livingston, and shall have the same power to execute any process issued by any justice of the peace of said county, and be entitled to the same fees for traveling and other services as are allowed to constables in similar cases.

Powers of the marshal

constable.

and

14. No provision of this act shall be so construed as Construction of to authorize the sale of intoxicating drinks, whenever the act. same is or may hereafter be prohibited by law or ordinance.

Provide for

15. The town council may, at any time hereafter, provide by ordinance for future elections by the inhabitants future ecctions. of said town of such town officers as they may deem it advisable to have elected.

All the fines

§ 16. All fines and penalties, recoverable by indictment and penalties or action, for any offenses committed within the limits of paid to treasurer said town or within one mile of the same, and which are now required by law to be paid to the county treasurer or

Vol. IV-35

Deeds prima

to the school commissioner of said county, shall hereafter be paid in to the town treasurer, for the use of said town.

§ 17. Deeds of land sold for taxes under the sales herefacie evidence. tofore made, under the ordinances of the town of Dwight, may be executed by the president of the corporation hereby created, and shall be acknowledged as other conveyances, and when executed and acknowledged, as aforesaid, they shall be deemed and taken, in all courts and places, to be prima facie evidence of the existing and regularity of all such prior proceedings as might otherwise be required to be proved, in order to establish the title; the purchase and such deed shall be evidence, as aforesaid, without any proof of any proceeding prior to the issuing thereof.

§ 18.

sage.

This act shall be in force from and after its pas

APPROVED March 24, 1869.

In force March AN ACT to enable the corporate town of Earlville, LaSalle county, to levy 27, 1869.

and collect road taxes.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Power to collect corporate town of Earlville, in LaSalle county, and state of

road taxes.

Illinois, shall be empowered to assess and collect any and all road taxes, both labor and money tax, inclusive, now authorized by the laws of this state to be assessed upon the persons and property within the highway or road limits of the corporate town of Earlville.

§ 2. This act shall take effect and be in force from and after its passage.

APPROVED March 27, 1869.

1869.

In force Feb. 24, AN ACT to amend an act entitled "An act to amend, alter and revise the manner, name or style and corporate powers of the town of Elgin," approved February 28, 1854.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section Sec. 3 amended. three, article four, of the act to which this is an amendment, be and the same is hereby amended, by striking out all after the word "assessor," in second line. Said section to read as follows: "At each general election for mayor and aldermen, there shall be elected a treasurer and assessor."

§ 2. This act to be deemed a public act, to take effect and be in force from and after its passage. APPROVED February 24, 1869.

31, 1869.

AN ACT to enable the commissioners of highways of the town of Elling- In force March ton, county of Adams, state of Illinois, to make, improve and repair the highways and bridges, and levy road and bridge taxes, in the manner hereinafter mentioned.

Election

of

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter all road, highway and bridge taxes, (except the poll highway officers tax) in and for said town, shall be due and collectable in money, and that no overseers of highways shall hereafter be elected or appointed in and for said town, except as hereinafter provided.

§ 2. That each commissioner of highways of said town Commissioners shall, at their first meeting after they are chosen, and as to furnish list of now provided by law, and each year thereafter, present to the board of commissioners a list, subscribed to by him, of the names of all the inhabitants in that part of the town represented by him, as hereinafter provided, who are liable by existing laws to work on the highway; and the board of commissioners shall assess the poll tax thereon, as now provided by law.

§ 3. The said commissioners shall, also, require of their Record of protreasurer, in addition to the duties now required of him by ceedings. law, to keep, in a suitable book provided by them out of any funds in hands, a full and complete record of all the proceedings had and orders made upon all matters by the said commissioners of highways; also, make out, or cause to be made out, two complete lists of personal property, and also a description of each tract of land and the names of the owners of such personal property and tract of land, if known, with the valuation thereof, as taken from the assessment roll of the previous year of said town and the amount of road tax assessed thereon, in a separate column. The lists so prepared shall be subscribed to by said commissioners, one copy given to the town clerk, to be filed in his office, the other to be by the treasurer of said board delivered to the supervisor of said town at least ten days previous to the annual meeting of the board of supervisors; and it shall be the duty of the supervisor of the town of Ellington, Adams county, state of Illinois, to receive such list, when delivered, and lay the same before the board of supervisors of the county of Adams.

Duties of the

4. It shall be the duty of the board of supervisors to cause the amount of such averages of such road tax to be supervisors.