16. To regulate the police of the town; to impose Regulate police fines, forfeitures and penalties for the breach of any ordinance, and to provide for the recovery and appropriation of such fines and forfeitures and for the enforcement of such penalties: Provided, that the right of trial by jury shall in no case be denied to any person charged with a breach of any of the provisions of this act or any ordinance.

17. The town council shall have power to make and enforce all ordinances necessary and proper for carrying into effect all of the powers specified in this act, so that such ordinances are not repugnant to or inconsistent with the constitution of the United States or of the state of Illinois.

18. The style of all ordinances shall be, "Be it ordained by the Town Council of the Town of Enfield."

Enforcing ordinances, etc.

Style of ordi

nances. § 19. All ordinances of the town may be proven by the Evidence and seal of the corporation, or, when recorded or published in proof of book or pamphlet form, the same shall be received in evi dence in all courts and places, without further proof.

Duties of po

20. It shall be the duty of the police magistrate or any justice of the peace in said town, and he is hereby au- lice magistrato thorized and empowered, on view, or on any complaint being made to him, upon oath, of the violation of any law or ordinance of said town, to issue his warrant, directed to the town constable, or, in his absence, to any constable, or to any person authorized by him, to apprehend the offender or offenders, and to bring him, her or them forthwith before him; and, after hearing the evidence, if it shall appear that the accused has been guilty of a violation of any of the laws or ordinances of said corporation, to impose such fine or imprisonment as may be provided in such laws and ordinances of said corporation for a breach thereof.

recov

ered before the

§ 21. Any fine or penalty or forfeiture, incurred under Fines this act or under any by-law or ordinance made in pursu- police ance of this act, or any act that may be passed amendatory trate. thereof, may be recovered, together with costs, before the police magistrate, or any justice of the peace in said town; and the several fines, forfeitures, or penalties for breaches of the same ordinance or by-law, not exceeding one hundred dollars, may be recovered in one suit; and the first process shall be a summons, unless oath or affirmation be made for a warrant by some credible person; but in all cases of assault and battery, affray or riot, a warrant shall issue for the arrest of the offender or offenders, in the same manner as for like offenses against the laws of the state. Upon rendition of judgment for any fines, penalties, or forfeitures, the police magistrate or justice shall issue his execution forthwith for the same and costs of suit, which may be levied upon any personal property of the defendant or defendants, not exempt from execution. If the constable return such execution "no property found," the police magVol. IV-36

magis

Election

president.

istrate or justice shall issue a capias against the body of the defendant or defendants, and the constable shall arrest such person or persons and commit him or them to the county jail, there to remain in imprisonment for the length of time fixed by the ordinance under which he, she or they may be convicted.

of § 22. The town council, at its first meeting after its election, shall elect one of their number president of the board.

Presiding officer

Special meetinge.

Exhibit books and papers.

Petitions for opening streets,

Exempt from

road labor out

ARTICLE V.

OF THE PRESIDENT.

SECTION 1. The president shall preside at all meetings of the town council, and shall have the casting vote, and no other; and in case of his non-attendance at any meeting of the council, the council shall appoint one of their number to preside at the meeting.

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

3. The president shall have power, whenever he shall deem it necessary, to require of any officer of said town an exhibit of his books and papers, and shall have power to do all other acts required of him by any ordinance made in pursuance of this act.

ARTICLE VI.

OF PROCEEDINGS IN SPECIAL CASES.

SECTION 1. When all the owners of property on any street or alley proposed to be opened or altered shall petition therefor, the town council shall provide for opening or altering the same; but no compensation shall be allowed to those petitioning for property so taken, and in no case shall any street or alley be opened or altered, except on such petition.

ARTICLE VII.

SECTION 1. The inhabitants of the town of Enfield are side town limits. hereby exempted from working upon any road beyond the the limits of the corporation, and from payment of any tax for procuring labor to be done upon any such road.

Inhabitants to

2. The town council shall have power, when it may labor on streets. be necessary for the purpose of keeping in repair the streets and alleys of said town, to require every able-bodied male inhabitant of said town, over twenty-one years of age and under fifty, to labor on said streets and alleys, not exceeding three days in each year; and any person failing to perform such labor, when duly notified by the supervisors of said town, shall forfeit and pay the sum of one dollar to said town, for each and every day so neglecting or refusing.

money received

§ 3. The town council shall cause to be posted at the Statement of post office door, in said town of Enfield, or published in and expended. some newspaper, annually, a full and complete statement of all moneys received and expended during the preceding year, and on what account received and expended.

in name of town.

4. All suits, actions and prosecutions, instituted by Suits instituted the corporation hereby created, shall be instituted and prosecuted under the name and style of the town of Enfield; and all fines, forfeitures and penalties incurred under this act or under any law or ordinance made in pursuance thereof, or of any act amendatory thereof, and all moneys received for licenses from the sources mentioned in section 10, article 4, of this act, shall inure to the corporation, and be paid into the town treasury, and shall be subject to the disposal of the town council, as in the case of other moneys received by the town.

remain in full

5. All ordinances and resolutions passed by the pres- Ordinances to ent president and trustees of the town of Enfield shall re- force main in full 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.

in corporation.

6. All actions, fines, penalties and forfeitures which Actions vested have accrued to the president and trustees of the town of Enfield shall be vested in and prosecuted by the corporation hereby created.

fected.

7. This charter shall not invalidate any act done or to Bights not afbe done by the president and trustees of the town of Enfield, nor divest them of any rights which have accrued to them prior to the passage of this act.

8. Appeals shall be allowed in all cases arising under Appea's allowed any ordinance in pursuance of this act to the circuit court, in like manner and under the same requirements that appeals are taken from justices of the peace in civil cases under the statute.

vacan

cies occur, how

9. Whenever any of the offices enumerated herein When shall become vacant, by death or otherwise, the town conn- filled. cil shall immediately cause such vacancy to be filled by

election.

§ 10. This act is hereby declared a public act, and may Evidence of act. be read in all courts, without proof.

constable.

11. The town constable or any other constable in the Fecs of the county shall have the power to execute all writs or other processes issued under any ordinance, and receive the same fees allowed constables in like cases under the statute.

12. This act is to take effect from and after its passage.

APPROVED March 15, 1869.

In force March AN ACT to amend an act entitled "An act to incorporate the town of 11, 1869. Flora," approved February 27, 1867.

Preamble.

1, amended.

WHEREAS, in the act of February 27th, 1867, incorporating the town of Flora, the location of the town is incorrectly stated; therefore,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That secSection 2, art. tion second, of article first, of said act, be so amended as to read as follows to-wit: "The said town shall include within its limits all that district of country, inclosed within the following boundaries, viz: Beginning at the northeast corner of section twenty-five; thence south, along the township line, to the half section line of section thirty-six; thence west along the said half section line, to the center of section thirty-five; thence north, along the half section line of sections thirty-five and twenty-six, to the intersection of the south line of section twenty-three; thence east, along said line, to the place of beginning; all in town three north, of range (6) six east, in Clay county."

General or special tax.

Collection of

Sec. 2, of art. 4 amended.

2. All taxes, general and special, heretofore levied by the incorporate authorities of said town and remaining unpaid, shall be due and payable; and the town clerk of said town shall certify to the county clerk of Clay county all such taxes as appear by the records of said town to be unpaid; and said county clerk shall, thereupon, extend the same upon the tax books of the township of Harter, to be collected as other taxes; and all contracts or obligations heretofore entered into by or with the town of Flora, and all transactions under and by virtue of the charter or ordinance of said town, shall be considered to be valid and binding, as though the boundaries thereof had been correctly described in said act of incorporation; and all ordinances of the town of Flora shall be and remain in force in said town, as above described, until repealed according to law.

3. Section second of article number four, of said act, shall be amended, to read as follows, viz: "The town council shall have power, by ordinance, for the purpose of paving and grading the sidewalks and alleys of said town, to levy and collect a special assessment upon all adjoining lots or parcels of land, in proportion to the benefits to said property to be derived therefrom; and such assessment shall be a lien upon the property assessed, and if unpaid, when due, shall be extended upon the tax books of the township of Harter, with an addition of thirty per cent. thereon, upon the certificate of the town clerk that such an assessment has been made and is due and unpaid, and the collection of the same shall be enforced in like manner with the taxes of said township."

4. The bond of the town marshal of said town shall Marshal's bond. be filed with the town clerk. And so much of said act as requires the mayor to be commissioned by the governor is hereby repealed.

§ 5. The town council shall have power, in a manner Appointment of to be provided by ordinance, to appoint policemen for the police.

town.

§ 6. Section three of article five, of the act to which section repealed this is an amendment, is hereby repealed.

§ 7. This shall be deemed a public act, and be in force

from and after its passage.

APPROVED March 11, 1869.

AN ACT to amend the charter of the town of Forreston, Ogle county, Illi- Iu force April

nois.

1, 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the inhabitants of the town of Forreston, in the county of Ogle, and state of Illinois, heretofore duly incorporated as a town, under and by virtue of the general statutes of the state of Illinois, relating to the incorporation of towns and cities, are and they are hereby declared to be a body politic and corporate, by the name and style of "The President and Name and style Trustees of the Town of Forreston;" and, by that name and style, shall have perpetual succession, and be capable of suing and being sued, of complaining and defending in any court of law or equity, and shall have power to have and use a corporate seal, which they may change and alter at pleasure, and to purchase, receive and hold and grant real and personal property, within the limits of said town. and no other, except for burial grounds, and use, sell and lease the same, and to do all other acts as natural persons, which may be necessary to carry out the powers hereby granted.

the town.

§ 2. The incorporate boundaries of said town of For- Boundaries of reston shall include all the following described territory, to-wit: The original town of Forreston; also, the addition to said town of Forreston heretofore made by David A. Neal; also, the First and Second Addition to said town of Forreston, heretofore made by the Illinois Central Railroad Company; also, the First, Second and Third Additions to said town of Forrestown, heretofore made by George W. Hewett; also, the addition to said town of Forreston, heretofore made John Myer. And whenever any tract of land adjoining said town of Forreston shall be laid off into town lots and duly acknowledged and recorded, as required by