sessments.

excess to be levied and collected by general taxation. The Expenses paid said assessments as fixed by said commissioners shall be by special aspaid within such time as the town council shall direct, by the owners of property so assessed, and shall be a lien upon such property from the time of assessment and be collected as taxes are collected by sale of the lands or otherwise. The value of the lands taken shall be a credit to the owner thereof on the assessment against him for his share of the improvements, and, if more than the assessment, the difference shall be paid him in money before the land is finally appropriated to public use. Said commissioners shall particularly describe the lands and parcels on which their assessments may be made, and make a return of their proceedings to the town council within ten days after its completion. The town council shall provide for the collection, by general taxation, of any excess reported by said commissioners.

9. The clerk of said town shall give ten days' notice, Duties of the by one publication in any newspaper published in said town clerk. county, or by posting notices in three public places in said town, that such return has been made, and on the day specified in said notice, will be acted upon by the town council unless objections to the same are made by some person interested; objections may be heard before the town council, and the hearing may be adjourned from time to time. The town council shall have power, in their discretion, to amend, alter, confirm or annul the assessments, or refer the same back to the commissioners; if annulled, all the proceedings shall be void; if altered and confirmed, an order shall be entered confirming the same and direct ing the time within which the same shall be paid, and in default of such payment, that the same be collected as other assessments or taxes in said town are collected; if referred back to the same or other commissioners, the commissioners shall proceed as aforesaid, and make return in like manner; and their said subsequent return shall be acted upon with the same powers, by said town council, as in the first instance.

missioners.

§ 10. The town council shall have power to remove the Removal comcommissioners,, and, from time to time, appoint others in the place of such as may be removed, refused, neglect or are unable to serve.

lands

may be appro

11. The land required to be taken for the making, When opening, widening, straightening, or altering any street, priated. alley, lane, highway, public ground or square, shall not be appropriated until the damages awarded therefor, to any owner thereof, under this act, shall be paid or tendered to such owner or his agent, or in case such owner or agent can not be found in the town, deposited to his, her or their credit in some safe place of deposit other than in the hands of the town treasurer, in which case such lands may be ta

Appeals allowed

In case owner is a minor.

All property

ken and appropriated for the purpose required in making such improvements; and such streets, alleys, lanes, highways, public grounds or squares may be opened.

12. Any person legaily interested may appeal from any final order of the town council concerning assessments and improvements, as aforesaid, to the same court or courts of said Bureau county which have jurisdiction in cases of appeal from decisions of justices of the peace-such appeals to be taken in manner similar to appeals from justices of the peace. Said appellate court shall determine such appeal and confirm, alter or annul the proceedings of said council. Upon the trial of the appeal, all questions involved in such proceedings, including the amount of damages, shall be opened to investigation by affidavit or oral testimony to the court, or upon application of the town council or any party, the amount of damages may be assessed by a jury in said court without formal pleadings, and judgment and the appropriate order in the premises shall be entered accordingly. The court shall not set aside the proceeding or final order of the town council for omission or informality, unless injury has resulted therefrom.

13. When any owner known or other persons having interest in any real estate, against which proceedings shall be had under this act, shall be under legal age, and without a guardian, the judge of any court of record of said Bureau county may, upon the application of the town council, such minor, or his next friend, appoint a guardian, and take security of such guardian, for the faithful execution of his duties, and all notices and summons required by this article of this act shall be served upon the guardian of such minor in the same manner as herein before specified; and the final determination of said town council, or court of appeal, in the premises shall be conclusive upon such minor.

14. All real estate within the limits of said town, and subject to tax all personal property belonging to persons residing therein, shall be subject to taxation, and taxes may be levied and collected upon the same for the use and benefit of said town, in such time and manner not inconsistent with the constitution of this state, as the town council shall by ordinance direct.

Adopt county

assessment.

15. The town council may, by ordinance, direct that the assessment of the county or township assessor, of the property in said town, shall be deemed and taken as the assessment of said town, and that the clerk of the town shall certify to the clerk of the county court of Bureau county all persons and property taxable therein, with the rate of taxation and the assessments levied in each year; in which case the same shall be entered and extended by the clerk of the said county court on the tax book of the county or township, and may be collected with the county and state taxes for said town; and the same fees shall be paid by said town

for actual services, herein, as may be provided by the revenue laws of this state for similar services.

ARTICLE VII.

MISCELLANEOUS.

Inhabitants to labor on streets.

SECTION 1. The town council may have power, for the purpose of keeping in repair the streets, alleys and public grounds of said town, to require every male inhabitant of said town, over the age twenty-one years, to labor on the streets, alleys and public grounds of said town, not exceeding two days in each year; and any such person failing to perform such labor, when duly notified, shall forfeit and pay to said town the sum of one dollar for each day so neglected or refused: Provided, that in lieu of said requirement to labor, the said town council shall have power to impose, levy and collect, in the same manner as other taxes are levied and collected by them, or in such other manner as they shall provide by ordinance, a tax for each year of any sum per taxable inhabitant, in their discretion, not exceeding two dollars upon every taxable inhabitant of said town; and the collector of said tax, appointed by said council shall have the same power to distrain and sell the property of all such persons refusing or neglecting to pay such tax as is given to township collectors under the revenue laws of this state. § 2. The inhabitants of said town of Sheffield are hereby exempted from working on any road beyond the limits Exempt from of said town, and from paying any assessment for the same. side town limits. 3. The town council shall have power to provide for the punishment of offenders against the ordinances of said Punishment of town; and in all cases where such offenders shall fail, refuse or neglect to pay the fines, forfeitures, penalties and costs which may be recovered or adjudged against them, it shall be competent for the magistrate or other court before whom the same shall be tried, to direct that such offender shall be committed to the county jail of Bureau county, or to the place of confinement provided in said town, as the case may be, until such fines, forfeitures, penalties and costs shall be paid or otherwise discharged by due process of law, Said council shall also have power to prescribe by ordinance, the amount per day at which offenders may board out, in jail, fines and costs.

4. All ordinances and laws passed by the present president and trustees of the town of Sheffield, shall e main in force until 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 or are conferred by this act until the town council hereby created shall have been elected and qualified.

road labor out

offenders.

All ordinances in full force.

85. All suits, actions and prosecutions, instituted or com- Suits instituted menced by corporation hereby created shall be commenced in name of town and prosecuted in the name of "The town of Sheffield."

Vol. IV-50

corporation.

All actions and § 6. All actions, fines, penaities and forfeitures, which suits vested in have accrued to the president and trustees of the town of Sheffield, shall be vested in, enforced and prosecuted by the corporation hereby created.

All property vested in corporation.

Not to invalidate previous

acts.

Appeals taken

87. All property, real and personal, belonging to the president and trustees of the the town of Sheffield, for the nse of the inhabitants of said town, shall be and is hereby declared to be vested in the corporation hereby created.

88. This charter shall not invalidate any act done or to be done by the president and trustees of the town of Sheffield, nor divest them of any rights, under the general laws relating to the incorporation of towns, or the previous charters of said town, which have accrued prior to the passage of this act, and do not confiict with the provisions of this

act.

§ 9. Appeals shall be allowed in all cases arising under to circuit court. the provisions of this act, or of any ordinance passed in pursuance of this act, to the circuit court of Bureau county; and every such appeal shall be taken and granted in the same manner and with like effect as appeals are taken from justices of the peace, to the circuit court, in similar cases under the laws of this state: Provided, the said corporation shall be allowed to appeal in any case in which it is a party by causing its president or clerk to execute a bond, in the name of the corporation, in the form now prescribed by law in other cases, without other security; and an order entered upon the records of the town conncil directing said appeal or approving the same shall be sufficient evidence of authority to sign said bond.

Jurisdiction of § 10. The town marshal, constable, or any other officer town constable. authorized to execute writs or any other process issued by the police magistrate or any justice of the peace of said town, shall have power to execute the same anywhere within the limits of the county of Bureau, and shall have the same powers to execute any process issued by any justice of the peace of said county, and be entitled to the same fees, as are allowed to constables in similar cases.

Provide for future elections.

All the fines and

11. The town council may in their discretion provide by ordinance for the election, by the inhabitants of said town, of such town officers as they may deem it advisable to have so elected.

§ 12. All fines and penalties recoverable by indictment penalties or action for any offenses committed within the limits of paid to treasurer said town, and which are now required by law to be paid to the county treasurer or to the school commissioner of said county, shall hereafter be paid to the treasurer said town for the use of the said town.

Evidence of act.

13. This act shall be deemed a public act, and may be read in evidence in all courts and places without proof, and shall be in force from and after its passage.

APPROVED March 29, 1869.

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

19, 1869.

June

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, Strike out Act amended. all of section two (2), after the words "The boundaries of said corporation shall include," and insert the following words, "All of section No. thirty-two (32), the east half (1) of section thirty one (31), the southeast quarter of section thirty (30), and the south half of section twenty-nine (29), all in township seven (7) north, of range six (6) west; and that all property within said boundaries be and the same is hereby declared to be within the jurisdiction of the town of Staunton: Provided, that all persons who may be, at the date of the approval of this act, residing and shall continue to reside in said town limits, as hereby extended, and who may be qualified voters under the laws of this state, be entitled to vote at any elections held in or by authority of said town: And it is hereby further provided, that the said town of Staunton be and the same is hereby declared to be a school district, separate and independent, and the board of trustees of said town shall have and exercise all the power and privileges of school directors for the said. town that properly belong to school directors under the laws of this state."

§ 2. Strike out of section seven (7), the words "not ex- Sec. 7 amended. ceeding fifty (50) cents on the one hundred dollars" and insert, in lieu thereof, the words "not exceeding two dollars

(2) on the one hundred dollars (100).'

3. Strike out of section nine (9), whenever they occur, Sec. 9 amended. the words "five (5) days" and insert in lieu thereof the words "ten (10) days."

4. Add at the end of section eleven (11) the following Sec. 11 amended words: "And the said board of trustees shall have power to appoint and enroll any number of police, not exceeding ten (10), to be called into service under such regulations and at such compensation as the said board may determine; and such police shall have, while on duty, all necessary police power, and be subject to the orders of the president of the board of trustees and of such person or persons under him as the board may direct. The board of trustees shall, also, have power to establish and maintain a calaboose or other place of confinement, which shall be used for the imprisonment of such persons as shall have been properly convicted and sentenced to imprisonment under the charter and ordinances of said town of Staunton, and for the general police purposes of said town: And it is hereby further provided, that for the better maintenance of good order, that the board of trustees, or either of them, be and are