When assess

ment cient.

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 insufl-insufficient, either in whole or in part, the board, at any 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-assessments that the property may have changed hands or been incumbered.

Return of assessment list to town clerk.

§ 31. When the commissioners shall have completed any assessment, they shall deliver the same to the town 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-four 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 Assessments a or correct the assessment, or to order a new one. All as

lien on lands.

New assessment

Compensation of commissioners.

Clerk.

sessments, when confirmed, shall be a lien on the lands and premises assessed for benefits, and shall be final and conclusive on all parties interested, unless an appeal be taken, as herein before provided, and they shall be collected as hereinafter provided.

§ 32. 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.

33. The commissioners shall be allowed three dollars per day for each day of actual service, which, together with all other actual expenses in relation to any assessment made in pursuance of this act, shall be deemed part of the expenses of the improvement and included therein.

Duties of town § 34. When any special assessment shall have been confirmed by the board of trustees in cases where appeal is allowed, as provided by this act, 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 levied upon the real estate of said town, to set down in a column for that purpose provided, opposite the

several lots, pieces or parcels of real estate upon which assessments have been made for benefits, as herein before provided, the amounts of said assessments, respectively; and it shall thereupon be the duty of the collector of taxes Collector's duty for the state and county 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 officer entitled to receive the town tax, at the same time that he is required to pay over the county revenue; and the proper court of said county shall render judgment against and order the sale of any lot, piece or parcel of 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 Sale of land. 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 assessment 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.

$35. The board of trustees of said town shall have Gunpowder.etc. the power, within the jurisdiction of said town, by ordinance, to direct and prohibit the location and management of houses for the storing of gunpowder or other combustible and dangerous materials within said town, and to regulate the conveying and keeping of gunpowder and other combustible and dangerous materials within said town.

to continue.

36. The present officers and trustees of said town Present officers shall continue in office and shall continue to exercise the duties of their office, respectively, during the term for which they were respectively elected: Provided, that the two trustees thereof shall so continue until the election, as provided in this act, on the second Tuesday of April, in the year eighteen hundred and seventy; and such officers shall exercise the powers and perform the duties in the same manner as before the passage of this act, except as otherwise provided in this act; and 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.

§ 37. An election shall be held in said town, on the Time and place second Tuesday of April, 1870, and on the second Tues- of election. day of April, in each year thereafter, for the election of

Vol. IV-43

present.

trustees and town officers, except justices of the peace and constables.

Organization to § 38. From and after the passage of this act and until continue as at the first election, as hereinafter provided, the board of trustees of said town shall continue to be organized as at present, and all officers who have given bonds heretofore shall be liable on their respective bonds, as now provided by law; and such officers shall be obliged to give additional bonds, as herein provided, for the time such officers, respectively, hold over. 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.

Election officers.

of 39. At the election on the second Tuesday of April, eighteen hundred and seventy, as herein provided, there shall be elected by the legal voters of said town two trustees, who, together with the supervisor, assessor and collector, shall thereafter constitute the said board. One of aid trustees shall hold his office for two years and one shall hold his office for one year, and they shall determine by lot, in the presence of the board of trustees, which one shall serve for one year and which one for two years; and there shall be elected, annually thereafter, one trustee, who shall hold his office for two years.

Town plat valid

Act repealed

40. No plat hereafter made of any real estate in said town of Lake 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.

§ 41. The act entitled "An act to incorporate the town Lake, in county of Cook, and state of Illinois," approved February 28th, 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.

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

APPROVED March 26, 1869.

27, 1869.

AN ACT to repeal an act entitled “An act to incorporate the town of In force Ma ch Macedonia," (now Webster) approved March 3, 1843, and all acts amendatory thereof.

SECTION 1. Be enacted by the People of the State of Illinois, represented in the General Assembly. That the Act repealed. act incorporating the town of Macedonia (now Webster), in the county of Hancock, and state of Illinois, approved March 3, 1843, and all acts amendatory thereof, be and the same are hereby repealed.

2. This act shall be a public act, and be in force from and after its passage.

APPROVED March 27, 1869.

AN ACT to amend an act entitled "An act to incorporate the town of In force March Marine, in the county of Madison and state of Illinois."

31, 1869.

the town.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Boundaries of boundaries of said town of Marine shall be as follows, towit: Beginning at the northwest corner of the northeast quarter of the southeast quarter of section seventeen; thence one mile east, to the northeast corner of the northwest quarter of the southeast quarter of section sixteen; thence one mile south, to the southeast corner of the southwest quarter of the northeast quarter of section twenty-one; thence one mile west, to the southwest corner of the southeast quarter of the northeast quarter of section twenty; and thence one mile north to the place of beginning.

lect tax.

§ 2. The town council shall have power and authority Levy and colto assess and collect taxes upon all property, real and personal, within the limits of said town, which is subject to taxation for state and county purposes, not exceeding onehalf of one per cent. upon the assessed value thereof; and . said council may assess and collect a tax greater than onehalf of one per cent. upon the taxable property in said town: Provided, a majority of the legal votes cast at an election held for that purpose so decide, and may enforce the collection of the same by ordinance. Said council may borrow money, at a rate not exceeding ten per cent., and in an amount not greater than the income of said town for the year next preceding that in which it is borrowed; and the aggregate sum of borrowed money shall at no time exceed the income of the preceding year; also, to appropriate money and provide for the payment of debts and expenses of the town. The assessment of the taxable property of said corporation shall be the same as that made by the

Appointment of attorney.

Proceedings in

streets, alleys,

county assessor, a copy of which is to be procured by the clerk of the council, at the expense of the town.

3. The town council shall have power to appoint a town attorney, auditor, treasurer, one or more street commissioners, collectors, and such other officers as they may deem expedient, and require them to give bond and security, as may be deemed necessary to insure the faithful performance of their respective duties before entering upon the discharge of the same. Both of the duly elected and qualified consables of the Marine precinct may be authorized to act as town constables.

4. To open, widen, alter, abolish, extend, establish, case of opening improve and keep in repair roads, streets, alleys, and puband highways. lic grounds in said town, and erect, maintain and keep in repair bridges drains and sewers. For this purpose, the said council shall have power to collect road taxes; to require every male inhabitant of said town, over the age of twenty-one years, to labor on said streets, roads and alleys, from two to four days, in each year; and every person failing or refusing to perform such road labor shall forfeit and pay into the treasury of said town one dollar and twenty five cents per day for each day he refuses or neglects to perform such labor; also, to establish, improve and keep in repair all roads, bridges, culverts and drains that are or may be constructed within one-half mile of the corporate limits of said town, and, for this purpose, shall have power to collect the road taxes and compel all male inhabitants, over the age of twenty-one years, of the aforesaid district, to labor on the roads from one to two days in each year; and every person failing or refusing to perform road labor shall forfeit and pay into the treasury of said town one dollar per day for each day he fails or refuses to work on the roads, as required by this act.

Style of ordi

nances.

Incumbering of stree's, lanes and alleys.

§ 5. The style of the ordinances of said town shall be, "Be it ordained by the President and Council of the Town of Marine." And all ordinances shall, within one month after they are passed, be published, by posting four written or printed copies of the same at four public places within the limits of said town, or in some newspaper published in said town, (or county, if none are published in town); and the certificate of the publisher of said paper, or of the clerk of the town, under the seal of the corporation, shall be - prima facie evidence of such ordinance and of its publication. But no ordinance shall take effect until five days after its publication.

8 6. To prevent the incumbering of streets, alleys and public grounds of said town, to protect shade, ornamental trees and shrubbery; to compel persons to fasten horses attached to vehicles or otherwise used, while standing upon the streets, alleys, public square or unincumbered lots of said town.