within ten days after the confirmation of the same, and not after that time, having first given notice, in writing, of his or her intention so to do, to the town clerk, specifying in such notice the court to which the appeal is to be taken, to pray an appeal to any court of general jurisdiction in Cook county, from the order of the board confirming such assessment, upon filing a bond, approved by the judge or judges of the court to which the appeal is taken, conditioned to save the town harmless from all actual damages by the taking of such appeal: Provided, that in case of assessments, where no land or real estate is condemned or Appeal taken. appropriated, no appeal shall be had or taken. In case of appeal, a copy of the assessment roll, as confirmed by the board, to be paid for by the party applying for the same, shall be filed in the office of the clerk of the court to which such appeal be taken; and the cause shall be docketed by such clerk, in the name of the person taking such appeal, against the town of Hyde Park, as "an appeal from assessment." The said cause shall be then at issue, and shall have the preference in order of trial over all civil causes pending in said court. Such appeal shall be tried by the court, and, on such trial, the only questions to be passed upon shall be whether the board had jurisdiction in the case, and whether the valuation and assessment, so far as it affects said property, is a fair and impartial assessment. The judgment of the court shall be either to confirm or annul the assessment; from which judgment no appeal or writ of error shall lie.

Confirmation of assessments.

33. When any special assessment, requiring the condemnation of property, shall have been confirmed by the board and no appeal taken therefrom, or if an appeal shall have been taken, when judgment to confirm the assessment shall have been rendered thereon, the same shall be a lawful and sufficient condemnation of the land or property appropriated. The board of trustees shall thereupon cause to be paid to the owner of such property, or to his agent, the amount of damages over and above all benefits which may have been awarded therefor, as soon as a sufficient amount of the assessment shall have been collected for that purpose; but the claimant shall, in all cases, furnish satisfactory evidence of title, showing himself entitled to the damages, before the same shall be paid. If in any case there shall be any doubt as to who is entitled to the damages for the land taken, the board may require of the claimant a bond, with good and sufficient sureties, to save the town harmless from all damages, costs and expenses, in case any other person should claim said damages. In all cases, the title to the land taken and condemned, in manner aforesaid, shall be vested in the town, in fee simple, absolute.

damages.

34. As soon as the money is collected and ready in Payment for the hands of the treasurer to be paid over to parties entitled to damages for property condemned, the town may then, and not before, enter upon, take possession of, and appropriate the property condemned.

35. When any special assessment shall come before New notice not the board for confirmation, pursuant to the notice required required by law to be given by the town clerk, and the same shall, for any reason, not be acted upon at the time specified, no new notice shall be required by the clerk, but such assessment shall stand over as unfinished business, to be disposed of at such time as the board shall at that time publicly determine.

town

fails to collect assessments.

36. If, from any cause, the town shall fail to collect When the whole or any portion of any special assessment which may be levied and which shall not have been canceled or set aside by competent authority, the board of trustees may, at any time, within two years after the confirmation. of the original assessment, direct a new assessment to be made upon the delinquent property for the amount of such deficiency; which assessment shall be made, as near as may be, in the manner prescribed for the first assessment. In all cases where partial payments shall have been made. on such former assessments, they shall be credited or allowed on the new assessments to the property for which they were made, so that the assessment shall be equal and impartial in its results. If such new assessment shall prove insufficient, either in whole or in part, the board, at any ment time within the period of one year after the confirmation of such new assessment, may order a third, and so on, to be levied in the same manner and for the same purpose. And it shall constitute no legal objection to such re-assess. ments that the property may have changed hands or been incumbered.

When asse88

Lusuf

sessment list to

§ 37. When the commissioners shall have completed Return of asany assessment, they shall deliver the same to the town town clerk. clerk of said town within forty days after the ordering of such improvement by the board, signed by the commissioners, except as provided in section twenty-nine of this act. The town clerk shall thereupon file the same in his office, and cause notices to be posted up in three public places of said town, for the space of six days, to all persons interested, of the completion of the assessment, and the filing of the roll. Time and place shall be designated therein, for hearing objections. Objections shall be heard before the board. The board of trustees may adjourn such hearing from day to day, and shall have power, in their discretion, to confirm or correct the assessment, or to order a new one. sessments, when confirmed, shall be a lien on the lands and lien on lands. premises assessed for benefits, and shall be final and conclusive on all parties interested, unless an appeal be taken,

All as

Assessments a

New assessment

clerk.

as herein before provided, and they shall be collected as hereinafter provided.

§ 38. If the first assessment prove insufficient, another may be made, in the same manner, or if too large a sum shall at any time be raised, the excess shall be refunded, ratably, to those by whom it was paid.

Duties of town § 39. When any special assessment shall have been confirmed by the board of trustees and no appeal has been taken, 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 county of Cook; and it shall be the duty of the said clerk of the county court, in the warrant next thereafter to be issued for the collection of state and county taxes, to set down in a column for that purpose provided, opposite the several lots, pieces or parcels of land or real estate upon which assessments have been made for benefits, as herein before proCollector's duty. vided, the amounts of said assessments, respectively; and it shall thereupon be the duty of the collector of said town to collect the said assessments and enforce the payment thereof in the same manner and with all the rights, powers and authority that he has to collect state and county taxes, and shall pay the same over to the treasurer of said town, as hereinbefore provided, and the proper court of said county shall render judgment against and order the sale of any lot, piece or parcel of land or real estate, for the non-payment of the said assessments and costs, in the same manner as is or may be provided for state and county taxes; and judgment shall be rendered for the aggregate amount for county, state and other taxes, and the assessments aforesaid. 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. The right of redemption shall exist and be exercised in the same manner, and deeds for property sold for any special assessments 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 counties adopting the township organization.

Sale of land.

Town plat valid § 40. No plat hereafter made of any real estate in said town shall be valid unless the same shall be approved by the board of trustees, nor shall any such plat be entitled to be recorded in the recorder's office of Cook county without such approval.

Former acts to

§ 41. The present town officers of said town shall conremain in force. tinue in office for the period for which they were elected. All acts and things done by the present town officers and board of trustees, which were lawful for them to do, shall continue in full force and effect, except as otherwise herein provided.

§ 42. The act entitled "An act to reduce the several Act repealed. acts relating to the town of Hyde Park, in Cook county, into one act, defining the limits of said town, and the powers and duties of the officers thereof," approved March 5th, 1867, except so far as the same defines the limits of said town, is hereby repealed: Provided, however, that the said town shall have the right to continue and complete all proceedings, in respect of special assessments or public improvements, which have been commenced under any former law or ordinance and shall have and enjoy all the rights, accrued or to accrue thereunder, the same as if said act and the provisions thereof remained in full force and effect.

§ 43. This act shall be a public act, and take effect and be in full force from and after its passage. APPROVED March 26, 1869.

AN ACT to amend an act entitled "An act to incorporate the town of In- In force March dustry, in McDonough county, state of Illinois," passed and approved February 19th, 1867.

26, 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That sec- Sec. 19 amended tion 19, of said act, relating to the sale of spirituous liquors, be so amended that regular licensed druggists shall be permitted to sell any of the liquors specified in said act, for purely medical, mechanical or sacramental purposes, any thing in said act to the contrary notwithstanding.

2. This act to be in force from and after its APPROVED March 26, 1869.

passage.

AN ACT to amend an act entitled "An act to incorporate to the town of In force March Industry, McDonough county, Illinois," approved February 19th, 1867.

29, 1869.

of

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Election citizens of the town of Industry, in the county of McDon- justice of peace. ough, and state of Illinois, be and they are hereby authorized and empowered, at their next regular election, in May, 1869, for town trustees, and at their regular election for town trustees every four years thereafter, to elect a police justice of the peace, who shall be similarly qualified and have the same jurisdiction and authority as a precinct justice of the peace. And whenever there shall occur a va

May boundaries.

cancy in the office of police magistrate of said town, the board of trustees of said town shall, within twenty days from the occurring of any such vacancy, call an election to fill the same; and the person so elected shall hold his office until his successor shall be elected and qualified.

change § 2. That the president and trustees of said town shall have power to re-locate the boundaries of said town, fixing the centre at such points as to them may seem best: Provided, that the boundaries shall not exceed one mile square. 3. This act shall take effect from and after its passage.

APPROVED March 29, 1869.

In force March AN ACT to amend an act entitled "An act to amend an act to incorporate 27, 1869. the rown of Keokuk Junction," in force March 5th, 1887.

[SECTION 1.] Be it enacted by the People of the State of Illinois, represented in the General Assembly, That secSec. 8 amended. tion eight (8) of an act to incorporate the town of Keokuk Junction, be hereby amended to read as follows: "On the first Monday in April, in each year, an election shall be held in said town for one town constable and five (5) trustees, who shall, at their first meeting, proceed to elect one of their own body president, and who shall hold their office for one year and until their successors are elected and qualified; which election shall commence at ten o'clock in the forenoon and close at four o'clock in the afternoon of the

Judges

clerk of election

and same day. The present trustees shall appoint the judges and clerks of said election, who shall receive and canvass the votes, declare the result, furnish to each of the persons elected a certificate of his election, certify the votes for the justices of the peace hereinafter mentioned, when necessary, and constables, to the clerk of the county court, and lay the poll books of such elections before the board at its first meeting, on the first Monday in April, 1871. There shall also be elected one justice of the peace, who shall hold his office for the term of four years; and at the election, every fourth year thereafter, his successor shall be elected."

[8 2.] This act to be a public act, and to be in force from and after its passage.

APPROVED March 27, 1869.