In force,

April 13, 1849.

AN ACT to vacate certain alleys in Oswego, in Kendall county.

SECTION 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That so much of the town of Oswego, in Kendall county, as is now occupied by alleys in the block on which the court-house stands, be, and the same is hereby, vacated.

APPROVED February 9, 1849.

In force,

Feb. 9, 1849.

AN ACT to change the name of the town of Tazewell, in the county of Woodford.

SECTION 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the name of the town of Tazewell, in the county of Woodford, in this state, heretofore situate in the county of Tazewell, be, and the same is hereby, changed to the name of Spring Bay, and by that name shall be known and used for all legal and official purposes.

§ 2. That all records, official and legal proceedings heretofore had, made, or done in any manner whatever, affecting the rights and privileges of any person whatever, or the rights and titles of property or public assessments, rights or privileges which have heretofore been had or made, in and been known and described by the nau.e of the town of Tazewell aforesaid, shall not be affected or forfeited by the change of the name herein made. But may hereafter be proceeded in and known and described in transfers of conveyances and all legal proceedings, by the name of the town of Spring Bay.

§ 3. This act to take effect and be in force from and after its passage.

APPROVED February 9, 1849.

In force, Feb. 10, 1849.

AN ACT the better to provide for the incorporation of the town of Jacksonville.

SECTION 1. Be it enacted by the people of the state of Illinois, Incorporated. represented in the general assembly, That William Branson, William J. Johnson, Joseph O. King, James Hurst, and William N. Ross, of the town of Jacksonville, in Morgan county, are hereby recognised and constituted a body politic and corporate, by the name and Name and style. style of the "President and Trustees of the town of Jacksonville," and by that name shall have perpetual succession, and may have and use a common seal, which they may change and alter at plea

General powers

Powers.

sure.

§ 2. The aforesaid corporators and their successors, by the name and style aforesaid, shall have power to sue and be sue, to implead and be impleaded, defend and be defended, in all courts of law and

equity, and in all actions whatsoever; 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 said town, for burial grounds, or for other public purposes, for the use of the inhabitants of said town; to sell, lease, convey, or dispose of property, real and personal, for the benefit of said town; and to improve and protect such property, and to do all other things in relation thereto as natural persons.

§ 3. The boundaries of said town shall be one mile square, the Boundaries. centre of the public square in said town being the centre of said

mile square; and all the lands within said limits shall be considered as the town of Jacksonville.

§ 4. The aforesaid corporators shall continue in office until the Annual election first Monday in April next, and until their successors are elected and qualified. And on the first Monday in April next, and annually thereafter on the same day, an election shall be held for five trustees, who shall hold their offices for one year and until their successors are elected and qualified. The board of trustees whose term of office is about to expire shall always give notice of such election, by having written or printed notices thereof posted up in four public places in said town, at least one week previous to said election, and one of the members of said board, together with the clerk of the corporation, shall hold the said election and give certificates of election to the five persons receiving the greatest number of votes; and whenever there shall be a tie in such election, they shall certify the same to the said board, who shall determine the same by lot in such manner as shall be provided by ordi

nance.

§ 5. Every trustee of said town shall, at the time of his election, Qualifications. be at least twenty-one years of age, a citizen of the United States,

and shall have resided at least six months within the limits of the corporation. Every bona fide resident of said town, possessing Qualification of the requisite qualifications to vote for state officers, shall be entitled to vote for trustees.

voters.

§ 6. The trustees, before entering upon the duties of their office, Oath. shall severally take and subscribe an oath that they will support the constitution of the United States and of this state, and that they will well and truly perform the duties of their office to the best of their skill and abilities.

§ 7. A najority of said trustees shall constitute a quorum to do business. The said trustees shall elect one of their own body to be president of the board, who shall hold his office for one year or until his successor shall be elected and qualified. The president of the board shall be the chief executive officer of the corporation, and shall be vested with such powers and authority as may be conferred upon him by ordinance.

§ 8. If any trustees shall, during the time for which he shall have been elected, remove from the said town, his office shall be vacated. The board of trustees shall have power to fill vacancies in their own body occasioned by the death, resignation, or removal from town of any member.

§ 9. The board of trustees shall have power and authority to as- May levy a tax. sess and collect taxes uniform in respect to persons and property, for corporate purposes, upon all the real and personal estate within said town, not exceeding one half per cent. per annum, upon the

Further powers

assessed value thereof, as ascertained and returned by the assessor of the corporation, and may enforce the payment of the same in any manuer to be prescribed by ordinances not repugnant to the constitution of the United States and of this state. And such ordinances may provide for the advertisement, sale, and conveyance of any such real estate for taxes unpaid thereon to said corporation, and the time and mode in which the same may be redeemed from such sale, in the manner prescribed by the constitution of this state.

§ 10. The said board shall also have power to require every male resident of said town over the age of twenty-one years to labor, under the directions of the supervisor, on the streets, lanes, avenues, and alleys of said town, and upon the public roads passing from and through said town, for one mile from the centre thereof, not exceeding three days in each and every year; and any person failing to perform such labor when duly notified by the supervisor, shall forfeit and pay the sum of fifty cents for each day on which he has neglected or refused to work.

§ 11. The said board shall likewise have power to license, tax, and regulate auctioneers, groceries, ordinaries, and all places where spirituous or fermented liquors are sold by less quantities than one quart, and the venders of the same, hawkers, pedlers, brokers, pawnbrokers, and money changers; also, to license, tax, and regulate theatrical and other public exhibitions, shows, and amuse

ments.

§ 12. They shall have power to erect a town hall and other buildings for the use of said town; to provide pumps, wells, and cisterns in the streets and upon the public grounds, for the convenience of the inhabitants, or for use in case of fire; to open, establish, grade, pave, or otherwise improve and keep in repair, and free from incumbrances or obstructions, the streets, avenues, lanes, and alleys of said town; to make, erect, and keep in repair bridges, drains, and sewers; to provide for lighting the streets and erecting lamp posts; to erect market houses, establish markets, and provide for the government and regulation of the same; and to provide for the weighing of hay and stone coal, and the measuring of charcoal, firewood, and other fuel to be sold or used within the said town.

§ 13. They shall also have power to provide for the prevention and extinguishment of fires, and to organise and establish fire companies; to regulate the fixing of chimneys and the flues thereof, and the manner of using stoves and stove-pipes in dwelling houses, stores, offices, warehouses, and other buildings in said town; to regulate and order parapet walls, and partition fences; and to regulate the storage of gunpowder and other combustible materials.

§ 14. They shall also have power to provide for enclosing, improving, and regulating all public grounds within the said town, and the burial and other public grounds of the corporation beyond the said town, and for the punishment of injuries or damage done to trees, fences, buildings, monuments or other improvements

thereon.

§ 15. They shall further have power to make regulations to prevent the introduction of contagious diseases into the said town, to make quarantine laws for that purpose, and enforce the same within five miles of the said town; also, to establish a hospital or hos pitals in said town, or within five miles of the same, for the treat

ment of any epidemic or contagious disease, and make regulations for the government of the same; also, to make regulations to secure the general health of the inhabitants; to declare what shall be a nuisance within the limits of the corporation, and to prevent and remove the same.

§ 16. They shall also have power to regulute the speed with which horses or other animals may be rode or driven within the limits of the corporation, and to restrain and punish cruelly in the usage or treatment of animals within those limits; also, to restrain cattle, horses, sheep, swine, and dogs from running at large in said town, and to provide for the security of wagons and other carriages which may be used within the limits of the corporation, and for the protection of the inhabitants against injury by reason of horses or other animals fastened to such carriages running with or breaking from the same.

§ 17. They shall likewise have power to prevent and punish riots, routs, affrays, assaults, assaults and batteries, breaches of the peace, disturbances of worshipping assemblies, or of the deliberations or proceedings of public meetings, disorderly interruptions of any public lectures, or licensed exhibitions, all indecent or obscene exhibitions or practices, and other disorderly conduct within the limits of the corporation; Provided, that no person shall be deprived of the right of trial by jury in any case when such person would be entitled to such trial for a like offence against the law of the

state.

§ 18. They shall also have power to prevent and punish battles by agreement, fighting matches, horse racing and cock fighting within the limits of the corporation, and within two miles of the same.

§ 19. They shall also have power to restrain, prohibit, and suppress billiard tables, ball alleys, tippling houses, dram shops, gaming houses, bawdy, and other disorderly houses in said town, and within two miles of the limits of the corporation.

§ 20. They shall also have power to regulate the police of the town; to make all ordinances which shall be necessary and proper for carrying into execution the powers specified in this act, so that such ordinances be not repugnant to nor inconsistent with the constitution of the United States, or of this state; to impose fines, forfeitures, and penalties for the breach of any ordinance, and provide for the recovery and appropriation of such fines and forfeitures, and the enforcement of such penalties. The style of the ordinances of said board shall be, "Be it ordained by the president and trustees of the town of Jacksonville."

assessor.

§ 21. There shall be annually chosen by the board of trustees, Treasurer and a treasurer and an assessor of said town, who shall hold their offices respectively for one year, and until their successors are appointed and qualified. There shall also be annually elected by the qualified voters of said town, at the same time and in the same manner that the trustees are elected, a clerk of the corporation, a supervisor, and a Clerk of corpotown constable, who shall also be ex officio the collector of said ration, super. town; all of whom shall likewise hold their offices respectively for one year, or until their successors are elected and qualified. When- ble. ever there shall be a tie in any such election, it shall be determined in such manner as the board of trustees may direct. The said board shall have power to define the powers and duties of all town officers, and fix their fees and compensation, and to regulate the fees

visor and

town consta.

Vacancies how filled.

Town constable

alties.

of jurors, witnesses, and others, for services rendered under any ordinance. Also to require of all town officers bonds with penalty and security for the faithful performance of their respective duties, as may be deemed expedient; and also to require all town officers to take an oath for the faithful performance of the duties of their respective offices. Such oath to be made, and said bonds, if required, to be given and approved by the board before the officer shall enter upon the discharge of his duties. The said trustees may also provide for removing any town officer from his office for cause, the accused being first furnished with the charges against him, and being heard if he require it in his defence.

§ 22. Whenever any vacancy shall happen by the death, removal, or resignation of the treasurer or assessor, it may be filled by appointment of the board. Vacancies by the death, resignation, or removal of any other town officer, may be filled by a new election to be ordered by the board on like notice as in other elections, and in the mean time the board may make an appointment pro tem., to expire upon the election and qualification of the officer elected to fill such vacancy.

§ 23. The town constable shall be authorised to execute, anywhere within the limits of Morgan county, all writs, process, and precepts which may be issued against persons or property by any court of general or limited jurisdiction, by virtue of any of the powers specified in this act, and to arrest on view all persons who may violate any ordinance of the said corporation.

Fines and pen- § 24. Fines, forfeitures, and penalties which may be assessed or recovered for the use of said corporation, may be levied, in the first instance, by virtue of executions to be issued forthwith, of the goods and chattels of the offender within the county; and the said board shall have power also to provide for the punishment of offenders by imprisonment in the county jail, in all cases where such offenders shall fail or refuse to pay the fines, forfeitures, and penalties which may be recovered against them.

§ 25. The said board shall cause to be published annually a full and complete statement of all moneys received and expended by the corporation during the preceding year, and on what account received and expended.

Ordinances to § 26. All ordinances passed by the said board shall be published be published. in some newspaper printed in said town, and shall not be in force until they shall have been published as aforesaid. Any of said ordinances shall be sufficiently proved in any court by the production of a copy of the same, certified by the clerk of the corporation, or a printed copy of the same taken from the newspaper or pamphlet in which it has been published; Provided, the same purports to have been published by authority of the corporation.

Repealing

clause.

§ 27. In cases arising under this act, or growing out of the bylaws and ordinances made in pursuance of this act, any justice of the peace within said corporation shall have jurisdiction to hear and determine the same, and appeals may be taken and writs of certiorari allowed from any such decisions in the same manner as now is or hereafter may be provided by law for appealing from judgments of justices of the peace.

§ 28. All acts or parts of acts coming within the provisions of this act, contrary to or inconsistent with its provisions, are hereby repealed.