§ 7. The cemetery lots which may have been or may be demeteries. hereafter laid out and sold by the town, or by private per- Exempt from sons for private places of burial, shall, with their appurtenances, be forever exempt from execution.

taxation.

nesses.

$8. No person shall be an incompetent judge, justice, competent wit juror or witness in any case wherein said town may be a party in interest, by reason of his being an inhabitant or property holder in said town.

Reconsidera

§ 9. No vote of the board of trustees shall be reconsidered, nor any order rescinded at a special meeting, unless tion of vote. such special meeting be called wholly or in part for that purpose and all members so notified, nor unless there be present as large a number of trustees as were present when the original vote was taken.

fines.

10. Neither the board of trustees nor any officer of Remission of the town shall remit any fine, penalty or forfeiture, or any part thereof, nor discharge or release any person from arrest er confinement incurred by a violation of the town ordinances, nor dismiss any suit or proceeding instituted for a breach of the ordinances of the town, unless two-thirds of all the trustees elect shall vote therefor: Provided, however, that the town attorney, in case of any informality or irregularity in the proceedings instituted, or in case of failure to procure necessary evidence to secure adjudgment, may, in his discretion, dismiss any suit or proceedings without prejudice to the town, and such dismissal shall not bar any subsequent suit or proceedings for the same cause of action.

8 11. Nothing in this act shall be so construed as to Jurisdiction of oust any court of jurisdiction to abate any nuisance, by court. indictment or otherwise, nor to prevent the proper courts Construction of from releasing from confinement or discharging from the act. payment of fines or costs, any person who may be properly brought before them for that purpose, nor shall the circuit court of Schuyler county be hereby deprived of its jurisdiction in cases arising under the laws of the state relating to the sale of liquors, riots, affrays, routs, disorderly houses, gaming and gaming houses; but in case of failure or neglect of the town authorities to proceed against persons guilty of such offenses, the circuit court shall take cognizance thereof: Provided, however, that the judgments in either the circuit court or police court of the town shall bar any subsequent prosecution for the same offense.

ritory annexed.

12. The board of trustees may, by ordinance, enlarge Additiona lterthe boundaries of the town: Provided, that they shall not pass any ordinances for that purpose until they have submitted the question of such enlargement to the qualified voters of the town and also to the legal voters residing within the proposed enlargement, and shall have been authorized, by a majority of the votes cast, so to do.

13. The board of trustees shall have power to require Survey and plat that all additions and subdivisions hereafter made to the

Arrest without warrant.

No money paid edcept by wat

rant.

town shall be so laid out and platted as to correspond and conform to the streets and alleys already laid out and established in said town, and no plat or map of any addition or subdivision to said town shall be entitled to record or shall be recorded until the same shall have been approved by the board of trustees.

§14. All officers of said town and such policemen as the board of trustees may appoint, shall have power to arrest or cause to be arrested, with or without warrant, or process, all persons who shall break or threaten to break the peace, or who shall be found by them in the act of violating any of the ordinances of the town, and, if necessary, they may detain such person in custody over night or until an examination can be had.

§ 15. No money shall be paid out by the town treasurer, except upon order of the board, and then only upon a warrant drawn on him by the town clerk and countersigned by the president; and the board shall cause to be published, annually, in the month of March, a statement, showing the whole amount of money collected, from what source derived and the manner in which the same has been expended. APPROVED March 24, 1869.

in force March AN ACT to repeal part of section 12 of an act to incorporate the town of 21, 1869. Scottville, in Macoupin county, and to extend the powers of the board of trustees thereof.

repealed.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all that Portions of act part of section 12, of "An act to incorporate the town of Scottville, in Macoupin county, Illinois," prohibiting the sale of intoxicating drinks, passed February 18, 1857, be and the same is hereby repealed; and hereafter the board of trustees of said town shall be and they are hereby authorized and empowered to license and regulate or suppress and prohibit the selling, bartering, exchanging, giving and trafficking in or in any manner disposing of any wine, gin, rum, brandy, whisky, beer or any other vinous, spirituous, malt, mixed or intoxicating beverage, within the limits of said town.

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

APPROVED March 24, 1869.

AN ACT to extend the corporate powers of the town of Sheffield, in the 1n force March county of Bureau,

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 Sheffield, in the county of Bureau, and state of Illinois, be and the same are hereby constituted

20, 1869.

a body corporate and politic, by the name and style of "The Name and style Town of Sheffield;" and, by that name, shall have perpetual succession, and may have and use a common seal, which they may change and alter at pleasure.

§ 2. The boundaries of said town shall include the fol- Boundaries of lowing described territory, to wit: Section nineteen, in corporation. township sixteen north, range seven east of the fourth principal meridian, in said Bureau county.

83. Whenever any tract of land adjoining the town of Additional terSheffield shall be laid off into town lots and recorded, as ritory annexed. required by law, the same shall be annexed to and form a

part of the town of Sheffield.

rate powers.

§4. The inhabitants of said town, by the name and style General corpo aforesaid, shall have power to sue and be sued, plead and be impleaded, to defend and be defended, in all courts of law and equity and in all actions whatsoever; to purchase, receive and hold property, real and personal, in said town, and to purchase, receive and hold property, both real and personal, beyond the limits of said town, for burial grounds and for other purposes, for the use of the inhabitants of said town; and to sell, lease, convey and improve property, real and personal, for the benefit of said town, and to do all things in relation thereto as natural persons.

ARTICLE II.

OF THE TOWN COUNCIL.

SECTION 1. There shall be a town council, to consist of council. a president and four members, to be chosen annually by

the qualified voters of said town.

82. If any member of the town council shall, during office declared the term of his office, remove from the town, his office shall vacant. thereby be vacated.

and returns of members.

§3. The town council shall judge of the qualifications, Qualifications elections and returns of its own members, and shall determine ail contested elections.

84. A majority of the town council shall constitute a quorum to do business, but a smaller number may adjourn, from day to day, and compel the attendance of absent members, under such fines and penalties as may be prescribed by ordinance.

Quorum to do business.

85. The town council shall have power to determine Rules of prothe rules of its proceedings, punish its members for disor- ceedings.

Journal of proceedings.

Vacancies, how filled.

Oath of office.

Tie vote, how determined.

Stated meetings

Election president

of and

derly conduct, and, with the concurrence of two-thirds of the members, expel a member for just cause.

86. The town council shall keep a journal of its proceedings, and the yeas and nays, when demanded by any member present, shall be entered on the journal.

§ 7. All vacancies that may occur in the town council shall be filled in such manner as it may appoint.

8. Each member of the town council, before entering upon the duties of his office, shall, in addition to the oaths prescribed by the constitution of this state, take and subscribe an oath that he will well and truly perform the duties of his office to the best of his ability.

89. Whenever there shall be a tie in the election of members of the town council, the judges of election shall certify the same to the police magistrate of said town, who shall determine the same by lot in such manner as may be prescribed by ordinance.

10. The town council shall hold stated meetings in each year, at such times and places as it shall appoint.

ARTICLE III.

OF ELECTIONS.

SECTION 1. On the first Monday of May next an eleccouncil. tion shall be held in said town for the president and four members of the town council, and forever thereafter on the first Monday in May of each year, there shall be an election held for said officers. The first election shall be held and returns made as may be provided by ordinance by the present president and trustees of the town of Sheffield, and all succeeding elections as may be provided by ordinance of the town council by this act created.

Qualification of electors.

§ 2. All persons who may be entitled to vote under the general election laws of this state, and who shall have been actual residents of said town for thirty days immediately preceding any such election in said town, shall be entitled to vote at any election for corporate purposes held in

said town.

Levy and col

ARTICLE IV

OF THE LEGISLATIVE POWERS OF THE COUNCIL.

SECTION 1. The town council shall have

power

and au

lection of taxes. thority to levy and collect taxes upon all property, real or personal, within the limits of said town, not exceeding two per centum, per annum, upon the assessed value thereof, and may enforce the payment of the same in any manner to be prescribed by ordinance, not repugnant to the constitution of the United States or of this state.

Appointment of officers.

2. The town council shall have power to appoint a clerk, treasurer, marshal, constable, supervisor of streets,

policemen, and such other officers as may be necessary, and to require of all officers appointed in pursuance of this charter, bonds, with such penalties, conditions and security for the faithful performance of their duties as may be deemed expedient, and also to require all officers appointed as aforesaid, before entering upon the discharge of their respective official duties, to take an oath in the same manner as provided in section 8 of article two of this act.

§ 3. To appropriate money and provide for the pay- Appropriations. ment of the debts and expenses of the town.

eases.

4. To make regulations to prevent the introduction or Contagious disspreading of contagious diseases within the town and within three miles outside the limits of said town.

§ 5. To establish hospitals and make regulations for the To establish government of the same.

hospitals.

6. To make regulations to secure the general health of General health. the inhabitants of said town.

7. To declare what shall be a nuisance, and to restrain, Nuisance. prevent or remove the same within said town and within

one mile outside the limits of said town.

S. To provide the town with water, to sink and keep Provide water. in repair wells and pumps in the streets for the convenience

of the inhabitants.

89. To lay out, open, alter, abolish, widen, extend, Improve streets establish, grade, pave or otherwise improve and keep in re

pair, public grounds, streets, avenues, lanes, and alleys, and

to establish a building line thereon.

10. To establish, maintain and regulate a police force. Regulate police. § 11. To provide for the inclosing, improving and regu- Public grounds lating all public grounds belonging to the town.

§ 12. To provide for the erection of all needful buildings for the use of the town; to erect, maintain and support a building for the confinement of offenders against the ordinances of the town.

13. To license, tax and regulate auctioneers, merchants, retailers, taverns and ordinary hawkers or peddlers: Provided, that no fees shall be charged for any such license, or other tax imposed on account of such occupation, where the person having or receiving the same is a resident of said town and is assessed therein.

14. To license, tax, regulate and suppress theatrical and other public showsand amusements.

Necdful build

ings.

Auctioneers, peddlers, etc.

Shows and exhibitions.

15. To restrain, prohibit and suppress gambling houses, Gaming houses. bawdy houses, disorderly houses, dram shops and tippling houses within said town, and within one mile from the limits of said town.

streets.

§ 16. To prevent the obstruction and incumbering of the Obstruction of streets, lanes, alleys or public grounds of said town; to plant and protect shade trees; to require persons to fasten or secure horses and other animals attached to vehicles, while standing in said town; to prohibit, prevent and restrain Vol. IV-49