AN ACT to amend an act entitled "An act to incorporate the town of In force March Lewistown."

31, 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, In all Change venue. prosecutions hereafter commenced for any violation of the ordinances of said town of Lewistown, it shall be lawful for any defendant to take a change of venue from the police justice of said town, upon filing affidavit that said defendant does not believe that he can have a fair and impartial trial before said police justice; and it shall be the duty of said police justice, upon said affidavit being filed, to grant said change of venue, and immediately to transmit all the papers in said case to the next nearest justice of the peace, residing within the corporate limits of said town, who shall proceed to hear and determine the same and render such judgment, as authorized by the ordinances of said town.

repealed.

2. Any and all portions of the charter of said town, Conflicting acts inconsistent with the provisions of this act, are hereby repealed.

3. This act shall be a public act, and take effect and be in force from and after its

APPROVED March 30, 1869.

passage.

AN ACT to amend an act entitled "An act to extend the corporate pow- In force March ers of the town of Lexington."

30, 1869.

Election

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That, on the second Monday of April next, ensuing the date hereof, town council. an election shall be held in said town of Lexington, for five members of the town council, three of whom shall hold their office for two years, and two for one year; and the next succeeding year there shall be two members of said council elected for said town, for the term of two years; and on the next year succeeding, there shall be three members of said council elected for the term of two years, and so on, alternately, forever thereafter. The first election shall be held, conducted and returns thereof made as is now provided by ordinance of the said town; and all succeeding elections to be provided by ordinance of the town council by this act created.

of

§ 2. That in all suits and prosecutions brought by the Appeals allowed town of Lexington against any person or persons for the violation of any of the ordinances of said town or regula

Vol. IV-41

Evidence to be written out.

Levy tax.

Moneys go into

tions thereof, or for the violation of any of the provisions of the charter of said town, the right of appeal shall be allowed to the circuit court of McLean county, Illinois, by the person or persons desiring to appeal executing bond, with good security, as is now provided by law in other cases before police magistrates and justices of the peace: Provided, that in cases which the town shall wish to appeal the bond may be executed, in the name of the town, by the president or clerk of the town council, without security. §3. The police magistrate or justice of the peace, before whom any such suit or prosecution is brought or pending, shall have full power to cause all the evidence given on such trial to be written down, and shall be by him preserved; and he shall append thereto a certificate, certifying that the same is all the evidence offered on the trial of said cause before him, by either party. It shall be the duty of the police magistrate or justice of the peace, when any such suit or prosecution is appealed, to file said evidence, with the other papers in the case, with the clerk of the circuit court of said county. On the trial of such appeal, neither party shall have the right to introduce any other evidence, except the written evidence so certified from the police magistrate or justice of the peace, before whom the said trial was had, without giving the opposite party five days' previous notice. For writing down said evidence, the justice shall be entitled to charge twenty (20) cents for each one hundred words, to be taxed and collected as other costs in the case.

§ 4. That for the purpose of keeping in repair the streets, alleys and avenues of said town, the town council of said town shall have the power to levy, annually, a tax, not to exceed one-half of one per cent. on each dollar's worth of taxable property in said town, both real and personal, which shall be levied and collected as other taxes, to be expended on said streets and alleys of said town, for their improvement and repair, and for no other purpose, which shall be in lieu of all street labor for said year: Provided, that persons residing in said town, not owning any taxable property liable to corporation tax, shall labor on said streets and alleys one day in each year, or pay, in lieu of said labor, one dollar and fifty cents.

§ 5. That, hereafter, all fines and forfeitures collected town treasury. for penalties incurred within the incorporated limits of said town of Lexington shall be paid into the treasury of said town by the officers collecting the same.

Part of act repealed.

6. That so much of the act of the general assembly of the state of Illinois, entitled "An act to extend the corporate powers of the town of Lexington," approved February 25th, 1867, as conflicts with the provisions of this act, is hereby repealed.

7. This act shall be taken and deemed a public act, and be in full force from and after its passage. APPROVED March 30, 1869.

AN ACT to amend the charter of the village of Lockport, passed February In force Feb. 26, 12th, A. D. 1853.

1869.

Hackmen,

carters.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the president and trustees of the village of Lockport shall have draymen and power to license and regulate hackmen, draymen, carters, porters, omnibus drivers, cabmen, carmen, and all others who may pursue like occupations, with or without vehicles, and prescribe their compensation, and to license, tax and regulate hawkers and peddlers.

2. The president and trustees shall order the keeping sidewalks. in repair and good condition of all sidewalks heretofore ordered to be constructed or may be hereafter ordered by said president and trustees; and if the owner or owners of any lot or lots, in front of which any such sidewalk is ordered to be repaired or put in good condition, shall neglect or refuse to repair and put the same in good condition, for the space of six days after notified by the commissioner, then it shall be the duty of said president and trustees to cause the same to be repaired and put in good condition, and assess the property in front of which said sidewalk shall be repaired for the amount of the cost of such repairs.

$ 3. The president and trustees shall have power to levy and collect a tax, in any one year not to exceed one per cent., on all lots, improvements and personal property, lying and being within the corporate limits of said village, according to the valuation of the same.

§ 4. There shall be elected, at the next annual election, and at each annual election hereafter, in addition to the five trustees, as is now provided by law, one street commissioner, who shall have charge of the road labor and of all streets and alleys in said incorporation, and who shall, also, have charge of all the public landings, and see that said landings are kept clear from all materials and things, that the same may be in condition, at all times, for the use of the public; and no person shall use or occupy the same, at the exclusion of the public; and that all streets ending at the canal, that are used by any person or persons, said street commissioner shall see are kept open, or, in case the public wants do not require said streets kept open, then the said street commissioner shall cause any and all persons using said street or streets to pay a reasonable rent for the

Levy and collect taxes.

Street commiselection of.

sioner, annual

Election

same; and such rent shall be collected by said street commissioner and paid into the treasury of said village, for the of use of said incorporation. And at said election there shall police constable be elected one police constable, who shall give bonds and in all things comply with the law relating to constables of the county, and shall have all rights and privileges of county constables and subject to the same laws, who shall be collector of the taxes in and for said incorporation. And the president and trustees may pay said constable such a salary as to them may seem proper, over and above his costs in the discharge of his police duties; and said constable shall have full power to serve all processes that any and all other constables of the county now have.

Jurisdiction of

police trate.

5. The police magistrate of said village, and all jusmagis- tices of the peace residing therein, shall have jurisdiction in Will county, in all actions in which justices of the peace in the state of Illinois have jurisdiction, and in which the amount claimed does not exceed five hundred dollars. The jurisdiction above conferred upon the police magistrate and justices of the peace, residing within said village, shall, as well to cases arising for the violation of the ordinances of said village as to other cases.

Appropriation legalized.

6. That the appropriations made by the president and trustees and orders drawn by the clerk, in February, A. D. 1867, be and the same are hereby fully legalized in all respects.

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

APPROVED February 26, 1869.

in force March 26, 1869.

AN ACT to revise the charter of the town of Lake, in Cook county.

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 Lake, in the county of Cook, and state of Illinois, be and they are hereby constituted a body politic and corporate, by the Name and style name and style of "The Town of Lake;" and, by that name, shall have perpetual succession, and may have and use a common seal, which they may change and alter at pleasure; may sue and be sued, plead and be impleaded, in all courts of law and equity, in all actions whatsoever; and purchase, receive and hold property, real and personal, within and beyond the limits of said town, for public grounds or town purposes, for the use of the inhabitants of said town; and may sell, lease or dispose of town property, real and personal, for the benefit of said town, and improve

and protect such property, and do all things in relation. thereto as natural persons may lawfully do.

§ 2. The boundaries of said town shall include within Boundaries. their limits all that district of country now known as the town of Lake, in the county of Cook, and state of Illinois. The election for the officers contemplated by this act shall be held on the second Tuesday in April.

ficers.

Government

83. The officers of said town shall consist of the fol- Election of oflowing officers, only, to wit: A supervisor, assessor, collector, town clerk, and such justices of the peace and constables, as are now provided by law, who shall be elected in the [same] manner, and hold their office for the same length of time, and perform the duties provided by law for such officers, respectively, in other towns in Cook county, except as otherwise provided by this act. The govern- vested in board ment and corporate powers of said town shall be vested in of trustees. and exercised by a board of five trustees, to consist of the supervisor, assessor, collector, and two trustees, to be elected as provided in this act. The election of town oflicers and trustees may be contested as in other cases of town officers. When the office of any town officer or trustee shall become vacant, the same shall be filled by the board of trustees; and the board shall fix the place of holding all elections in said town.

4. The said board shall elect from their number a president, (Provided, that the supervisor shall not be eligible to such office of president) who shall preside at the meetings of the board, and preserve order; but the board may, in his absence elect a chairman pro tem. The town clerk shall be the clerk of said board, and it shall be his duty to keep correct minutes of all their proceedings. He shall, also, record, in a book to be kept for that purpose, all the ordinances, orders or regulations passed by said board, of a police or sanitary nature; and he shall, also, record in a separate book, to be kept for that purpose, all orders for special assessments; which said records shall be opened to the inspection of any inhabitant of said town. A certified copy of any order, ordinance or proceeding of said board, under the hand of the clerk and the seal of the town, shall be evidence, in all courts and places, of the truth of the matter therein stated.

85. The assessor shall be, ex officio, one of the commissioners of special assessments, and shall perform the duties required of such officer by the terms of this act. The supervisor shall be the treasurer of the town, and shall receive and hold ail moneys belonging to the town, arising from general or special taxes, special assessments, fines, penalties or otherwise; and he shall, before entering on the duties of his office, execute a bond to the town of Lake, in such sum and with such sureties as shall be approved by the clerk of the county court of Cook county, conditioned

Election president.

of

Duties of the town clerk.

Assessor exofficio commissioner.

Supervisor to be treasurer.