of his books and papers; and shall have power to do all other acts required of him by any ordinance made in pursu ance of this act. Taking private property public use. Petition for opening streets. ARTICLE VII. SECTION 1. Whenever it shall be necessary to take private property for opening or altering any public street or alley, the corporation shall make a just compensation to the owner of such property, and pay or tender the same, before opening or altering such street or alley; and in case the amount of such compensation cannot be agreed upon, the police justice shall cause the same to be ascertained by a jury of six disinterested freeholders of the town. for 2. When all the owners of property on a street or alley proposed to be opened or altered shall petition therefor, the town council shall provide for the opening or altering the same; but no compensation shall be allowed to such owners for their property so taken. Benefits and damages estimated. May levy and assess for improvements. Exempt from road labor out § 3. All jurors impanneled to inquire into the amount of benefits or damages which shall happen to the owners of property proposed to be taken for opening or altering any street or alley, shall first be sworn to that effect, and shall return to the police justice their inquest, in writing, signed by each juror: Provided, always, in the assessment of such damages the jury shall take into consideration the benefits as well as injury happening to the owner of property proposed to be taken for opening or altering a street or alley, by such opening or alteration. 4. The town council shall have power, by ordinance, to levy and collect a special tax on the holders of lots on any street or alley, or any part of any street or alley, according to the respective fronts owned by them, for the purpose of paving or grading the sidewalks of said streets or alleys: Provided, that in no case shall owners of lots be taxed more than one-half the value of said pavement or sidewalk. ARTICLE VIII. SECTION 1. That the inhabitants of Patoka shall only side towa limits. be compelled to work three days in each year outside of the corporate limits, upon any road, for three years from the adoption of this charter, and forever thereafter be exempt. Inhabitants to §2. The town council shall have power, and it is hereby labor on sees. made their duty, when it may be necessary for the purpose of keeping in repair the streets and alleys of said town, to require every able-bodied male inhabitant of the town, over twenty-one years of age and under fifty, to labor on said streets and alleys, not exceeding two days in each year; and any person failing to perform such labor, when duly notified by the supervisor of said town, shall forfeit and pay §3. The town council shall have power to provide for Punishment of the punishment of offenders against the ordinances of said offenders. town, by imprisonment in the county jail not exceeding thirty days for any one offense, in all cases where such offenders shall fail or refuse to pay the fines and forfeitures which may be recovered against them. ment. § 4. The town council shall cause to be published, an- Financial statenually, a full and complete statement of all moneys received and expended during the preceding year, and on what account received and expended. 5. All ordinances and resolutions passed by the president and trustees of the town of Patoka shall remain in force until the same shall have been repealed by the town council hereby created. Ordinances to continue in force until repealed. name. corporate 6. All suits, actions and prosecutions instituted, com- Suits instituted menced or brought by the corporation hereby created shall in be instituted, commenced and prosecuted in the name of the town of Patoka. § 7. The president and trustees of the town of Patoka Promulgation shall, inmediately after the passage of this act, take measures to promulgate this law within the limits of the town of Patoka, and issue their proclamation for the election of officers, and cause the same to be published two weeks in succession, prior to the day of election of such officers. 8. Appeals shall be allowed in all cases arising un- Appeals allowed der the provisions of this act, or of any ordinance passed in pursuance of this act, to the circuit court of Marion county; and every such appeal shall be taken and granted in the same manner and with the like effect as appeals are taken from and granted by justices of the peace to the circuit court in similar cases under the laws of this state. 89. Whenever the police justice or the town constable office vacated. shall remove from the town, die or resign, or his office shall be otherwise vacated, the town council shall immediately provide for filling such vacancy by an election. 10. This act is hereby declared a public act, and may Evidence and be read in evidence in all courts of law and equity in this proof of act. state, without proof. § 11. All acts or parts of acts coming within the pro- Conflicting acts visions of this charter, or contrary to or inconsistent with repealed. its provisions, are hereby repealed. 12. The town constable or any other officers authorized to execute writs or other processes issued by the police justice shall have power to execute the same anywhere within the limits of Marion county, and shall be entitled to the same fees as other constables are in like cases. Power to execute process. § 13. This act to take effect and be in force from and after its passage. IN FORCE April 15, 1869. I, EDWARD RUMMEL, Secretary of State, do hereby certify that the foregoing act of the Twenty-sixth General Assembly of the State of Illinois was filed in the office of the Secretary of State, April 15, 1869, without the signature of the Governor, but, by virtue of Section 21, Article IV, of the Constitution of this State, the same is now declared a law, having been retained over ten days by the Governor after its reception. EDWARD RUM EL, Sec'y of State. In force April AN ACT to incorporate the town of Payson, in the county Adams and state 15. 1869. of Illinois. ARTICLE I. 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 Payson, in the county of Adams, and state of Illinois, are hereby constituted and declared a body corporate and politic, by the name Name and style. and style of "The Town of Payson ;" and, by that name, shall have perpetual succession; and may have and use a common seal, which they may alter at pleasure; have power to sue and be sued, plead and be impleaded, in all courts and places where justice is administered, in all actions whatever; to purchase, receive and hold property, both real and personal, within and beyond the limits of said town, for burial grounds and other corporate purposes; to sell, lease and convey property, real and personal, for the use of said town; to protect and improve any such property, as the public good may require. Boundaries. 82. The boundaries of said town shall be as follows, viz: Commencing at the S. E. corner of the N. W. quarter of section seventeen, in township 3 S., 7 W., three south, seven west of the fourth principal meridian, running due north one mile and one fourth; thence due west (11) one and one-fourth mile; thence south (11) one and one-fourth mile; thence east (11) one and one-fourth miles, to the place of commencing: Provided, nevertheless, the president and trustees of said town may, at any time, by ordinance, extend the boundaries of said corporation on the north of said town, not exceeding one-half mile; on the south, not exceeding one-half mile; and on the west, not exceeding one half mile. Government ARTICLE II. SECTION 1. The government of said town shall be vested vested in board in five trustees, to be elected annually by the qualified voters of said town. And no person shall be a trustee of trustees. said [town] who has not arrived at the age of twenty-one years, and who has not resided in said town one year next preceding an election, and is not a citizen of the United States. And the said trustees shall, at their first meeting, proceed to elect one of their number president, and shall have power to fill all vacancies in said board, which may be occasioned by death, resignation or removal: Provided, the vacancy shall not exceed three months. § 2. The board of trustees shall determine the qualifications of its own members and all cases of returns and elections of their own body. A majority hall constitute a quorum, but a smaller number may adjourn from time to time, and compel the attendance of absent members, under such penalties as may be prescribed by ordinance; shall have power to determine the rules of their own proceedings, punish a member for disorderly conduct, and, with a concurrence of three-fifths, expel a member. Qualificatious of members. § 3. Each of the trustees shall, before entering upon Oath of office. the duties of his office, take an oath to perform the duties of his office to the best of his knowledge and ability, to support the constitution of the United States and of this state. And there shall be at least one regular meeting of said trustees in every three months, at such time and place as may be prescribed by ordinance. ARTICLE III. police magis SECTION 1. There shall be elected in the town of Pay- Annual election son, by the qualified voters thereof, on the second Tuesday trate. in April, 1869, and on the second Tuesday of April every two years forever thereafter, a police magistrate and a town. constable, who shall hold their respective offices for two years and until their successors shall be elected and qualitied. police magis § 2. No person shall be eligible to the office of police Eligibility of magistrate or to the office of town constable who shall not rate. have been a resident of the town two years next preceding his election, or who shall not be a citizen of the United States. missioned 3. The police magistrate shall be commissioned by Justice. the governor of the state of Illinois as a justice of the peace, and as such shall give bond and take and subscribe the same oath of office as other justices of the peace, and as such shall be a conservator of the peace for said town, and shall have power and authority to administer oaths, issue writs and processes, to take depositions and acknowledgments of deeds, mortgages and other instruments of writing and certify the same as other justices of the peace, and he shall have exclusive and original jurisdiction of all cases arising under the ordinances of the corporation and concurrent jurisdiction, power and authority arising in all cases what com by Jurisdiction of constables. · Police magistrates. Penalty for soever with other justices of the peace under the laws of 4. The town constable shall have the same power and 5. In case the police magistrate shall at any time be guilty of palpable omission of duty or shall willfully or corneglect of duty. ruptly be guilty of corruption, of oppression, malconduct or partiality in the discharge of the duties of his office, he shall be liable to be indicted in the circuit court of Adams county, and, on conviction, shall be fined in any sum not exceeding two hundred dollars and removed from office. ARTICLE IV. SECTION 1. On the second Tuesday in April, 1869, an election shall be held in said town of Payson, for five trustees, a police magistrate and town constable; and on the second Tuesday in April of each year, forever thereafter, an election shall be held for the election of said trustees, who shall hold their offices for one year and until their successors are elected and qualified; and forever thereafter, on the second Tuesday in April, every two years, an election shall be held for the election of a police magistrate and town constable, who shall hold their offices for two years and until their successors are elected and qualified; which first election shall commence at ten o'clock, A. M., and close at four o'clock, P. M. of said day; and, for the purposes of said first election, William A. Thompson, George Sinock, William P. Baker, William Morris, Joshua Tibbetts, are hereby constituted corporate trustees for said town. $ 2. It shall be the duty of the trustees hereby constituted, or any two of them, to give at least ten days' notice |