as well as the benefits as the injury which may accrue, and estimate and assess the damages which would be sustained by reason of the opening, extending, or widening of any street, avenue, lane, or alley; and shall, moreover, estimate the amount which other persons will be benefitted thereby, and shall contribute towards compensating the person injured. All of which shall be returned to the board of trustees, under their hands and seals, and the persons who shall be benefitted, and so assessed, shall pay the same in such manner as shall be provided, and the residue, if any, shall be paid out of the town treasury; and said corporation shall have power to sue and be sued, plead, answer, and be answered in any court whatever. lations of the § 5. The trustees aforesaid and their successors, or a majority Rules and regaof them, shall have full power and authority to ordain and estab- board of truslish such rules and regulations for their government and direction, tees. and for the transaction of the business and concerns of the corporation, as they may deem expedient; and to ordain and establish and put into execution such by-laws, ordinances and regulations as shall seem necessary for the government of said corporation, and for the management, control, disposition, and application of its corporate property; and generally to do and execute, all and singular, such acts, matters and things, which to them may seem necessary to do, and not contrary to the laws and constitution of this state. Fees. § 6. The said trustees shall have power to levy and collect a tax, not exceeding one half of one per cent., on all lots and improvements and personal property lying and being within the incorporate limits of said town, according to valuation; to tax public shows, and houses of public entertainment, taverns, stores, and groceries, for the purpose of making and improving the streets, and keeping them in repair, and for the purpose of erecting such buildings and other works of public utility as the interest and convenience of the inhabitants of said town may require, and the circumstances render proper and expedient; and said trustees may adopt such modes and means for the assessment and collection of taxes as they may from time to time fix upon and determine; and to prescribe the manner of selling property, when the tax levied upon, it is not paid; Provided, no sale of any town lots or other real estate shall be made until public notice of the time and place shall be given by advertisement in the newspapers, or at four of the most public places in said town, at least fifteen days previous thereto; Provided, Proviso. that in conducting such sale, the provisions of the act concerning public revenue, so far as the same may be applicable, shall be complied with. of trustees. § 7. That the trustees of said town, or a majority of them, shall Further powers have power to preserve good order and harmony in said town; to punish for open indecency, breaches of the peace, gambling, gaming houses, horse racing, shooting, and all disorderly houses, and riotous meetings; to remove obstructions in the streets and public ways, and all nuisances-for which purpose they may make such by-laws and ordinances as to them may seem expedient, and not inconsistent with any public law of this state, and impose fines for the breach thereof; which fines shall be recoverable before any justice of the peace residing in said town. And all suits and judicial proceedings under this act shall be brought in the name and style of the "President and trustees of the town of Waterloo." Duty of town justices. Town lots sold for taxes. Special tax. Town ordinan. ces. Fees of justices § 8. It shall be the duty of any justice of the peace residing in said town, and he is hereby authorised and empowered, upon the violation of any law or ordinance of said corporation, to issue his warrant, directed to the town constable, or any authorised county officer, to apprehend the offender or offenders, and bring them or him forthwith before him, and after hearing the evidence, if it shall appear that the said accused has been guilty of the violation of any such law or ordinance of the corporation, to impose such fine or imprisonment as shall be pointed cut in such law or ordinance; Provided, such fine shall not exceed five dollars, and imprisonment not to exceed twenty-four hours; Provided, however, that writs of certiorari and appeals shall be granted from judgments under this act, as in other civil cases; and in all criminal cases the defendant shall be entitled to an appeal to the county or circuit court by entering into bond or recognizance, as the case may require, before the justice of the peace, within twenty days after the rendition of the judgment, with such securities and in such an amount as the justice shall think right and proper; and all fines imposed for a breach of the peace, or a violation of the corporation ordinances, shall be paid into the treasury of said corporation. § 9. That when any town lots or real estate shall be sold for taxes, by virtue of this act, the same may be redeemed at any time within two years from the date of such sale, by the owner of said property, or his or her agent, executor, or administrator, paying to the treasurer of said town, for the use of the purchaser of said property, the full amount of purchase money, with interest at the rate of twelve per cent. per annum, together with the costs accruing thereon. § 10. That upon the application of the owners of two thirds of the front lots on any street, it shall be lawful for the board of trustees to levy and collect a special tax on the owners of the lots on said streets, or parts of a street, according to their respective fronts, not to exceed one per cent., for the purpose of grading and paving the said side-walks on said street. § 11. That all ordinances of said trustees shall be fairly written out, signed by the clerk, and published in a newspaper printed in the town, or posted up at three of the most public places in said town; and no ordinance shall be in force until published as aforesaid, at least ten days. § 12. The justices of the peace and constables who are requirand constables ed to render services under this act, shall be entitled to the same fees, and collect them in the same manner, as now is or may hereafter be provided by law. Special me ting of trustees. § 13. That the president or any two of the trustees shall have power to call a meeting of the board, by giving one day's notice thereof; and a majority shall constitute a quorum to do business, but a minority shall have power to adjourn from time to time, to compel the attendance of absent members, and in the event that the notice of an election is not given, as required by this act, or from any other cause, that an annual election shall not be holden at the proper time, it shall be lawful for the late clerk of the board, or any two qualified voters in said town, at any time thereafter, to give notice as aforesaid, of the time and place of holding a special election; and the trustees elected at such special election, shall have all the powers conferred by this act. ken. § 14. That the qualified voters within the corporation shall, at Vote to be ta the first annual election for trustees, vote for or against becoming incorporated under the provisions of this act; and if two-thirds of all the votes given at said election are in favor of being incorporated, then this act to be in force, otherwise, to be null and void. APPROVED February 12, 1849. AN ACT to change the venue of certain suits therein named from Mercer circuit court to Rock Island circuit court. SECTION 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the venue of all civil causes pending and undetermined in the circuit court of Mercer county, restraining or enjoining certain officers from removing their offices from the town of Millersburg to the town of Kei hsburg, and all civil suits or causes in said court pending, involving, indırectly or directly, the location of the county seat in said county, is hereby changed to the county of Rock Island. § 2. Upon filing a copy of this act in the clerk's office of the circuit court of said county, or either of them, the said clerk shall file the same in his office, and shall immediately make a full transcript of the records and proceedings in each of the aforeaid civil causes, and shall certify and transmit the same to the circuit court of Rock Island county, together with all papers filed in each case, appertaining to or forming part of the record; and the clerk of said circuit court for the county of Rock Island shall file the same, and said cause shall be docketed by him, and shall be proceeded in and determined by the court in all things, before and after judgment, as if it had originated therein. § 3. All questions concerning the regularity of proceeding in obtaining and effecting the change of the venue of the aforesaid causes, and the right of the court to which the change is made to try the causes and execute the judgment therein, shall be considered as waived after trial and judgment. § 4. The county commissioners' court of said county of Mercer may, by an order of the said court, direct that no copy of this act be filed in said clerk's office, in which case this act shall be held annulled and avoided. APPROVED February 12, 1849. In force April 13, 1849. Venue changed. Duty of clerk. |