Special tax.

4. The board of trustees shall have power, by ordi nance, to levy and collect a special tax on the owners of lots, for the purpose of improving the streets and sidewalks of said town, said tax not exceeding one-half of one per cent. in any one year.

Exempt from

road labor out

ARTICLE VIII.

SECTION 1. The inhabitants of Payson are hereby exside town limits. empted from working on any road beyond the limits of the town and from paying any tax to procure laborers to

work the same.

Inhabitants to $ 2. The board of trustees shall have power, and it is labor on streets. hereby made their duty, when it may be necessary for the

Statement of money received

purpose of keeping in repair the streets and alleys of said town, to require every able-bodied male inhabitant of said town, over twenty-one years of age and under fifty, to labor on said streets and alleys, not exceeding three days' labor in one year; and any person failing to perform such labor, when duly notified by the commissioner of streets of said town, shall forfeit and pay the sum of one dollar and fifty cents to said town for each day so neglected and refused: Provided, the person notified to perform labor on said streets and alleys shall be allowed to procure a substitute equally able as himself or commute by paying to the street commissioner, within twelve hours of the time of notice, the sum of one dollar and fifty cents per day for each day assessed.

3. The board of trustees shall cause to be published, and expended. annually, a full and complete statement of all moneys received and expended during the preceding year, and on what account received and expended.

Old ordinances in full force.

Appeal taken

4. All ordinances and resolutions passed by the prece ding board of trustees of the town of Payson shall remain in force until the same shall have been repealed by the board of trustees.

§ 5. Appeals shall be allowed in all cases arising under to sircult court, the provisions of this act, or of any ordinance passed in pursuance of this act, to the circuit court of Adams county; and every 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: Provided, that when the town shall appeal a bond filed by the clerk of the board, in the name of the town, shall be deemed sufficient to obtain an appeal. Sults vested in § 6. All suits, actions and prosecutions instituted, commenced or brought by the corporation hereby created shall be instituted, commenced and prosecuted in the name of the town of Payson.

corporation.

Office vaeated,

§ 7. Whenever the police magistrate or town constable shall remove from town, resign or die or his office shall

1

otherwise be vacated, the board of trustees shall provide

for filling such vacancy by election.

§ 8. This act is hereby declared a public act, and may Evidence of get. be read in evidence in all courts of law and equity in this

state without further proof.

William

Election for

charter.

9. The present existing board of trustees: A. Thompson, George Sinnock, William P. Baker, William adoption of the Morris, Joshua Tibbets, shall call a special election for the purpose, by giving at least ten days' notice, in the usual manner, submitting the question of the adoption or rejec tion of this act to a vote of the qualified electors of said town. The form of votes shall be "For the charter" or "Against the charter." And if a majority of the votes so cast shall be for the charter, then this act shall become a law, otherwise it shall be void and of no effect.

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 RUMMEL, See'y of Stats.

AN ACT to incorporate the town of Pecatonica.

In force when adopted by legal voters

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 Pecatonica, in the county of Winnebago, and state of Illinois, are hereby constituted and declared a body corporate and politic, by the name and style of "The President and Trustees of the Namoand style. Town of Pecatonica;" and, by that name, shall have perpetual succession, and may have and use a common seal; 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, in said town; to purchase, receive and hold property, both real and personal, beyond the limits of said town, for burial grounds and other public 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.

2. The said town shall consist of the following terri. Boundaries tory, to wit: All of the west half of section twenty-eight (28), and the east half of section twenty-nine (29), in township twenty-seven (27) north, of range ten (10) east of the fourth principal meridian, south of the south bank of the Pecatonica river; and whenever any tract of land adjoin

Government vested in board of trustees.

Qualifications of members.

Oath of office.

Election, time and place of.

ing said town is laid off into town lots and recorded, the same shall be attached to and form part of said town.

§3. The government of said town shall be vested in a president and four trustees, the said president and trustees to be elected, annually, by the qualified voters of said town, and no person shall be president or trustee, unless at the time of his election he shall have resided in said town for the space of one year, twenty-one years of age, and a citizen of the United States, and upon his removal from said town, he shall vacate his office.

§ 4. The board of trustees shall determine the qualification of its own members, and all cases of returns and elections of their own body. A majority shall constitute a quorum, but a smaller number may adjourn, from day to day, 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 the concurrence of two-thirds, expel a member.

$ 5. The president and each of the trustees shall, before entering upon the duties of his office, take an oath to perform the duties of his office to the best of his knowledge and abilities. And there shall be at least one regular meeting of said trustees in each month, at such times and places as may be prescribed by ordinance.

§ 6. On the first Monday of April next, an election shall be held at the hotel kept by L. Sackett, by the legal voters residing in said town, to vote for or against this act of incorporation; and if a majority shall vote in favor of it, then the corporate rights, franchises and powers granted by this act shall go into effect; if against it, then the same shall go into effect whenever, at any subsequent election, called by any five legal voters of said town, on one week's notice, posted up in four of the most public places in said town, a majority shall vote in its favor. Voting at such election shall be by ballot, to be written or printed "For incorporation" or "Against incorporation;" at which election the electors in attendance shall choose three judges of election, which judges so chosen shall appoint a clerk of election. The judges and clerk, so chosen, are hereby authorized and empowered to retain the poll books and records of such election until this act of incorporation shall be adopted, as above provided, when they shall be delivered to the trustees, when they shall have been duly elected, to be by them filed in ihe office of the clerk of the said board of trustees. Such election to be conducted as elections for state and county officers are conducted: Provided, that the polls may be opened at one o'clock in the afternoon and closed at six o'clock in the afternoon of the same day. If this act of incorporation is adopted at such election, the judges and clerk thereof shall call an

election for a president and trustees, a police magistrate, and constable, and all other officers not otherwise provided for by this act. And should this act be adopted at a subsequent election, called for that purpose, the judges and clerk of such election, chosen in the same manner, shall call an election for the election of officers, giving ten days' notice, by posting notices thereof in four of the most public places in said town. All subsequent elections shall be held and returns made as may be prescribed by ordinance. § 7. All male inhabitants of said town shall be entitled Qualifications to vote for town officers, who are qualified to vote for state and county officers, and who shall have resided in said town one month before any such election.

of voters.

lect taxes.

8. The president and board of trustees shall have Levy and colpower and authority to levy, assess and collect a tax upon all property, real, personal and mixed, in said town, which is now or may hereafter be subject to taxation for state or county purposes, not exceding one-half of one per centum, per annum, upon the assessed value thereof, and may assess and enforce collection of the same by any ordinance, not repugnant to the constitution of the United States or of this state; or the trustees may, if they think proper so to do, by ordinance, adopt the annual assessment made of the property in said town by the township assessor of the town of Lysander, and cause the same to be collected in the same manner and by the same officers as the state and county taxes are collected.

governed by the

state law.

9. If the president and trustees of said town shall Assessments, determine to adopt the assessment made by the authority of the state and county, they shall give to the officer whose duty it is by law to extend the tax by existing laws, notice of their intention so to do, (which notice shall be a copy of their records,) and also the rate of taxation, and upon receipt of such notice the said tax shall be extended and collected, and its collection enforced in the same manner as other revenue. The clerk and collector shall be allowed the same compensation for services under this act as are allowed for similar services under the revenue laws of the state: Provided, that nothing contained in this act shall be so construed as to prevent the said corporation from providing for the assessment and collection of such taxes by ordinance.

Appointmen* of officers.

§ 10. The said board shall have power to appoint all officers as may be judged necessary for carrying into effect the powers conferred upon said corporation by this act, not herein before required to be elected by ballot; to require all officers to give such bonds, with such security and take such oaths, as may be judged necessary to insure a faithful performance of their respective duties, and shall have Appropriations. power to appropriate money and provide for the payment of the debts and expenses of the town.

Vol. IV-12

Public buildings

Auctioneers, peddlers, ett

Exhibitions.

Tippling houses.

Extinguishment of fires.

Hay, coal, etc.

Census.

Election of officers.

Officers' fees.

Fines, forfeitures, etc.

Incumbering

streets.

Dogs at large.

To make regulations to secure the general health of the inhabitants of the town; to declare what shall be deemed a nuisance, and to prevent and remove the same.

To open, abolish, alter, widen, establish, grade, or otherwise improve and keep in repair, streets, alleys and lanes in said town, and erect, maintain and keep in repair bridges.

To provide for the erection of the needful buildings, for the use of the town, and to provide for the inclosing, laying off, improving and regulating all public grounds, squares and burial grounds belonging to the town.

To license, tax and regulate auctioneers, merchants, retailers, grocers, taverns, eating houses, peddlers, brokers and money-changers, and license the sale of spirituous and malt liquors.

To license, tax and regulate theatrical and other exhibitions, billiard rooms, shows, and other amusements.

To restrain, prohibit and suppress tippling houses, dram shops, gaming houses, bawdy houses, and other disorderly houses.

To provide for the prevention and extinguishment of fires, and to organize and establish fire companies.

To regulate partition fences, and provide for the inspection and weighing of hay and stone coal, and for the measurement of wood and fuel, to be used in said town.

To provide for taking the enumeration of the inhabitants of said town.

To regulate the election of town officers, define their duties, and provide for the removal of any person holding an* office under the ordinances.

To fix the fees and compensation of all town officers, jurors, witnesses and others, for services under this act or any ordinance.

To impose fines, penalties and forfeitures for the breach. of any ordinance, and to provide for the recovery and appropriation of such fines and forfeitures, and the enforcement of such penalties.

To prevent the incumbering of the streets, squares, lanes and alleys of said town; to protect shade trees; to compel persons to fasten horses, mules and other animals attached to vehicles, while standing upon any square, street, alley or any uninclosed lots; to prevent the running at large of horses, cattle, hogs, sheep or other animals, and to provide for restraining and impounding the same, and to provide for the sale of the same for any penalty incurred, and to impose penalties upon the owners of any such animals for the violation of any ordinance in relation thereto.

To prevent the running at large of dogs, and to provide for the destruction of the same when running at large contrary to ordinance.