Petitions

purpose of opening, altering, widening, extending, establishing, making or improving any public street, avenue, lane or alley, the town shall make just compensation to the owner of such property and pay or tender the same, before taking such property; and in case the amount of such compensation cannot be agreed upon, the police magistrate of the town shall cause the same to be ascertained by a jury of three disinterested freeholders of the town, in such manner as the council, by ordinance, shall direct.

for § 2. When all the owners of property on a street, opening streets. square or alley proposed to be laid out, opened or altered, shall petition therefor, the town council shall provide for the laying out, opening or altering the same; but no compensation shall in such case be allowed for such property so taken.

Jury to esti

§ 3. All jurors impanneled to inquire into the amount mate damages. of benefits or damages which shall happen to the owners of property affected by the locating, opening, changing, establishing, grading or otherwise improving any public square, street or alley, or any other improvement in this article named, except sidewalks and private drains, shall first be sworn to that effect, and shall return to the police magistrate their inquest, or assessment, in writing, signed by such jurors, or a majority of them: Provided, always, that in such assessments the jury shall take into consideration the benefits as well as the injury happening to the owners of property taken for or affected Improvement by any such improvement.

of strects, lanes and highways.

4. The town council shall have power, from time to time, to cause any public square, street, alley or highway to be graded, paved, macadamized, planked, or otherwise improved, and keep the same in repair, or to cause any lot in said town to be filled up; to cause cross and side walks, main drains and sewers, and private drains and aqueducts, to be constructed and laid, re laid, cleansed and repaired, and to regulate the same, and to lay out public squares, and to grade and improve, protect and ornament any public Assessment up- square, street or alley, now or hereafter laid out.

on

real estate

benefited.

5. The expense of any improvement mentioned in this article, except sidewalks and private drains, may be assessed upon the real estate in any natural division affected thereby, with the cost of the proceedings therein, in proportion, as nearly as may be, to the benefits resulting thereto, in Sidewalks, etc. such manner as the council may, by ordinance direct.

6. The council shall order, on the petition of the owners of one-fourth part of the front of the lots included in such order, walks to be built and gutters to be paved in front of any such lots, by the owners thereof, in such time and manner and of such materials as it may direct; and in case of failure to do the same, the council shall cause the same to be done, and assess the cost thereof to each lot against the same.

§ 7. The town council may cause sidewalks and gutters to be constructed, as it may direct, on any street or alley or any part thereof, and assess the cost thereof to each lot, according to the respective fronts: Provided, that when such order shall be made without a petition of the owners. of one-fourth part of the front of the lots included therein, the town shall pay at least twenty-five per cent. of the cost thereof.

Assessments

for costs.

private drains.

§ 8. All owners or occupants upon whose premises the Construction of town council shall order and direct private drains communicating with any main drains to be constructed, repaired, relaid or cleansed, shall make, repair, relay or cleanse such private drains, at their own cost and charges, in the manner and within the time prescribed by ordinance, or otherwise; and upon their failure so to do, the council may cause the same to be done, and assess the expense therefor upon the lots, respectively, and collect the same as the other assessments and taxes. A suit may also be maintained against the owner or occupant of such premises for recovery of such expenses, as for money paid to his use, at his request.

9. All real estate within the limits of said town, and Real estate sub all personal property belonging to persons residing therein, ject to taxation shall be subject to taxation, and taxes may be levied and collected for the same for the use and benefit of the said town, in such time and manner as the council shall by ordinance provide.

assessment.

10. The town council may, by ordinance, direct that Adopt county 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 corporation shall certify to the clerk of the county court all persons and property taxable therein, with the taxes and assessments levied thereon; in which case they shall, by the county clerk, be entered upon the tax book of the county, and be collected with the county and state taxes; and the same fees shall be paid by said town for actual services herein as may be provided by the revenue laws of the state for similar services.

ARTICLE VII.

SECTION 1. The town council may have power, for the purpose of keeping in repair the streets and alleys and public squares of said town, to require of every male inhabitant of said town, over the age of twenty-one years, to labor on said streets, alleys and public squares not exceeding three days in each year; and every person failing to perform such labor, when duly notified, shall forfeit and pay the sum of one dollar and a half to said town for each day so neglected or refused.

Vol. IV-53

Inhabitants to alleys, etc.

labor on streets,

road labor out

Punishment of

offenders.

Exempt from § 2. The inhabitants of the town of White Hall are side town limits. hereby exempted from working on any road beyond the limits of said town and from paying any tax for the same. 3. The town council shall have power to provide for the punishment of offenders against the ordinances of said town by imprisonment in the town calaboose or county jail. not exceeding thirty days for any one offense, and in all cases where such offenders shall fail or refuse to pay the fine, forfeiture and costs which may be recorded or adjudged against them; and it shall be competent for the magistrate or other court before whom the same shall be tried to direct that such offenders shall be committed to the town calaboose or the county jail until such fine, forfeiture and costs shall be paid or otherwise be discharged by due process of law.

Publication of

penditures.

4. The town council shall cause to be published, anreceipts and ex- nually, a full and complete statement of all moneys received and expended during the preceding year, and on what account received and expended.

Ordinances to De in force until repealed.

Suits instituted

5. All ordinances and resolutions passed by the present president and trustees of the town of White Hall shall remain in full force until the same shall have been 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 until the town council hereby created shall have been elected and qualified.

§ 6. All suits and actions and prosecutions instituted, in name of town. commenced or brought by the corporation hereby created shall be instituted, commenced and prosecuted in the name of the town of White Hall.

Actions vested

§ 7. All actions, fines, penalties and forfeitures which in corporation. have accrued to the president and trustees of the town of White Hall shall be vested in and prosecuted by the corporation hereby created.

Vested property

Rights not affected.

Appeals allowed

§ 8. All property, real and personal, heretofore belonging to the president and trustees of the town of White Hall, for the use of the inhabitants of said town, shall be and the same is hereby declared to be vested in the corporation hereby created.

§ 3. This charter shall not invalidate any act done or to be done by the president and trustees of the town of White Hall, nor divest them of any rights which have accrued to them prior to the passage of this act.

817. Appeals shall be allowed in all cases arising under the provisions of this act or of any ordinance passed in pursuance of this act to the county or circuit court of Greene county; and every such appeal shall be taken and granted in the same manner and with like effect as appeals taken from and granted by 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, 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 said corporation directing said appeal or approving the same, shall be sufficient evidence of authority to sign said bond.

§ 11. The president and trustees of the town of White Promulgate act. Hall shall, immediately after the passage of this act, take

measures to promulgate the same within the limits of said

town.

proof of act.

§ 12. This act is hereby declared to be a public act, and Evidence and may be read in evidence in all courts of law and equity within this state, without proof.

constable and marshal.

§ 13. The town marshal or constable or any other offi- Jurisdiction of cer authorized to execute writs or any other process issued by the police magistrate of said town, shall have power to execute the same anywhere within the limits of the county of Greene, and shall have the same power to execute any process issued by any justice of the peace of said county, and be entitled to the same fees for traveling and other services as are allowed to constables in similar cases.

Provide for

14. The town council may, at any time hereafter, provide by ordinance for future elections, by the inhabitants future eections. of said town, of such town officers as they may deem it advisable to have so elected.

§ 15. Deeds of lands sold for taxes heretofore made or Deeds evidence. hereafter to be made under the ordinances of the town of White Hall, may be executed by the president of the corporation hereby created, and shall be acknowledged as other conveyances, and, when executed and acknowledged, as aforesaid, they shall be deemed and taken, in all courts and places, to be prima facie evidence of the existence and regularity of all such prior proceedings, as might otherwise be required to be proved, in order to establish the title to the purchase, and such deed shall be evidence, as aforesaid, without any proof of any proceedings prior to issuing thereof.

repealed.

§ 16. All former acts of the legislature of the state of Conflicting aots Illinois granting powers to the said town of White Hall, contrary or inconsistent with any of the provisions of this charter, be and the same are hereby repealed.

§ 17. This act shall be in force from and after its pas

In force March AN ACT to amend an act entitled "An act to incorporate the town of 4, 1869. Woodstock, McHenry county, Illinois."

sioner, annual election of.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Street commis- qualified voters of said town of Woodstock shall, annually, at their corporation election, elect one street commissioner, whose compensation, powers and duties shall be fixed and determined by the board of trustees of said town. Before entering upon the duties of his office said street commissioner shall give bond for the faithful performance of his duties, having one or more sureties, to be approved by said board.

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

APPROVED March 4, 1869.

In force March AN ACT to amend an act to incorporate the town of Wyoming, in Stark 15, 1869.

amended.

county.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That secSection 2 of act tion two (2) of "An act to incorporate the town of Wyoming, in Stark county," approved February 16, 1865, be amended to read as follows, to-wit: "The boundaries of said town of Wyoming shall include the southeast quarter of section thirty-five (35), and the southwest quarter of section thirty-six (36), in township number thirteen (13) north, and range six (6) east of the fourth principal meridian, and the northwest quarter of section one (1), and the northeast quarter of section two (2), in township number twelve. (12) north, and range six (6) east of said meridian.

Blection.

Act revived.

2. That the time for holding elections in said town of Wyoming shall be on the first Monday in March, annually, and the first election under said act of incorporation and this amendment thereto shall be on the first Monday in March, A. D. 1869: Provided, that if, for any reason, an election is not held on that day it may be held at any other time, after notice has been given as provided in said act of incorporation.

§ 3. Said act entitled "An act to incorporate the town of Wyoming," approved February 16, 1865, with all the provisions, powers, privileges and limitations therein contained, is hereby revived, re-enacted, and shall be the act of incorporation for said town of Wyoming, after the passage of this act, subject to the amendments contained in this act.