bonds from the several officers for the faithful discharge of their duties.

Ordinances,

11. The president and trustees shall require their Duty of clerk. clerk and it shall be his duty to make and keep a full and faithful record of all their proceedings, by laws and ordinances, and of the time, manner and place of publication how published. of such by-laws and ordinances, in a book to be provided for that purpose; and such book, purporting to be the records of the corporation of the town of Bently, shall be received in all courts without further proof, as evidence of all matter therein contained; and all ordinances, before taking effect, shall be published at least ten days in a newspaper in said town, or by posting up printed copies of the same in at least four of the most public places in the town.

12. Any fine, penalty or forfeiture incurred under Jurisdiction. this act, or any by-law or ordinance made in pursuance of this act, or of any act that may be passed amendatory of this act, may be recovered, together with the costs, before any justice of the peace, in the corporate name, and the several fines, forfeitures or penalties for the breaches of the same ordinance or by-laws, not exceeding one hundred dollars, may be recovered in one suit; and the first process shall be a summons, unless oath or affirmation be made for a warrant by some creditable person, but in all cases of assaults, assaults and batteries, affrays and riots, a warrant shall issue for the arrest of the offender in the same manner as for like offenses against the laws of the state. It shall be lawful to declare, generally, in debt for such fines, penalties and forfeitures, stating the clause of the act or the ordinance or by-law under which the same are claimed, and to give the special matter, in evidence, under the declaration, and the justice shall proceed to hear and determine the cause as in other cases. Upon the rendition of judgment for any such fine or fines, penalties or forfeitures, the justice shall issue his executions for the same and cost Duty of justice. of suit, which may be levied upon any of the personal property of the defendant or defendants not exempt from execution. If the constable shall return, upon such execution, "no property found," the justice shall issue a capias against the body of the defendant or defendants, and the constable shall arrest such person or persons and commit him, her or them to the county jail of the county, there to remain forty-eight hours, and if the judgment and costs exceed five dollars then to remain in close custody in said county jail twenty-four hours for every two dollars over and above the said five dollars, and so in proportion to the amount of the said judgment and costs: Provided, however, if the said president and trustees, or their attorney, shall require a transcript of the judgment and costs to be certi- Transcript to fied to the clerk of the circuit court of the proper county,

circuit clerk.

to have the same levied upon real property and signify the same, in writing, to him, he shall not issue a capias, as aforesaid, but shall, without delay, certify a transcript thereof, and of all the proceedings, according to law, to such clerk, which shall be filed and recorded as in other cases; and euch judgment shall have the same force and effect as judgments rendered in said circuit court: Provided, an appeal may be granted within five days after the rendition of judgment with the same force and effect, rights and privileges to all parties as in other cases. Fees of con- § 13. Any constable who may render services under

Rights privileges.

stable.

Security for costs.

treasurer.

this act shall be entitled to the same fees and collect them in the same manner as now is, or hereafter may be required by law, in other cases: Provided, that the president and trustees may allow such further compensation as to them may seem just and proper.

§ 14. The president and trustees shall not be required, in suits instituted under this act, or ordinance passed by virtue thereof, to file before the commencement of any such suit any security for costs.

Fines paid to § 15. All fines, forfeitures and penalties, received or collected for the breach of any ordinance, or this act, shall be paid in to the treasurer of said corporation by the officer or person receiving or collecting the same.

Exemption.

for or

Vote against act.

tion.

$16. 16. The inhabitants of said town are hereby exempted from working on any road beyond the limits of the corporation, and from paying any tax upon property within its limits to procure laborers to work upon such roads.

$ 17. This act is hereby declared to be a public act, and may be read, in evidence, in all courts of the law or equity within this state, without proof: Provided, that the inhabitants, legal voters, who reside within the proposed corporate limits, shall, before this act goes into effect, hold an election and vote for or against said charter; which Place of elec- election shall be held within the proposed corporate limits, at the usual place of holding election, twenty days' notice being given by posting up notices of such election in at least ten public places in different parts of said proposed corporate limits and in the newspapers published in the town of Bently. If there shall be a majority of the legal voters voting for the incorporation of the town of Bently, When to take then this act shall go into effect and be in force; said election to be conducted, in all respects, as general elections are conducted. The supervisor, collector and assessor of the town of Bently shall be judges of said election, and shall count the votes and declare the result of said election. Notice of su- It is hereby made the duty of the supervisor to give such notice as is hereby provided for.

effect.

pervisor.

APPROVED March 25, 1869.

1869

NAMES CHANGED, TOWNS-NORMAL UNIVERSITY.

297

AN ACT to change the name of the town of Wiona, in the county of Bu- In force March reau, to Malden.

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 Wiona, in the county of Bureau, be and the same is hereby changed to Malden; and that all deeds, bonds, mortgages and instruments of writing, of every description, heretofore made or executed, in which the name Malden is used instead of Wiona, shall have the same force and effect as if the name Wiona had been used in the same, instead of Malden.

§ 2. This act shall be a public act, and be in force from and after its passage.

APPROVED March 26, 1869.

26, 1869.

NORMAL UNIVERSITY, SOUTHERN.

AN ACT to authorize cities and towns in southern Illinois to issue bonds In force April in aid of the Southern Illinois Normal University.

19, 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the city council of cities, and the board of trustees of incorpo- May issue bonds porated towns in Southern Illinois, within the limits desig nated for the location of the Southern Illinois Normal University, are hereby authorized and empowered in each of said cities and towns to issue bonds in such amounts as said city council or board of trustees may determine upon by ordinance, not exceeding one hundred and fifty thousand dollars, payable in not less than five years, nor in more than twenty years, and bearing seven per cent. interest per annum; which said bonds, or the proceeds arising from the sale thereof, to be used by said city council, or board of trustees, in aid of the Southern Illinois Normal University, if the same is located at any such city or town issuing said bonds.

§ 2. A tax upon all the taxable property listed for taxation in said city or town shall annually be levied to pay the interest and principal on such bonds as may be issued under the provisions of this act; which tax, when collected, shall be deemed a special fund, and shall be used for no purpose

Tax for payment of.

Election

to

other than the payment of said principal and interest. Said tax shall be assessed and collected in said city or town in the same manner [as] taxes are assessed and collected in such city or town for corporation purposes.

3. Before any such bonds shall be issued, as provided authorize issue. for in this act, an election shall be first had in any such city or town as the people thereof may desire to avail themselves of the provisions of this act, to determine whether such bonds shall be issued. Notice shall be given of said election, by said council or board of trustees, at least ten days before said election, by posting notices in at least three public places in said city or town, specifying the time and place of said election, and the amount and duration of said bonds. Such election shall be conducted as general elections, and only those shall vote as are qualified by the general election laws of the state. All tickets shall be prepared with the words "For the loan" or "Against the loan;" and no bonds shall be issued or tax assessed unless a majority of the votes cast be for the loan. No registry of voters is required to be taken before any such election.

Location university.

hold election.

of § 4. The mayor and city council of any such city, or the president and board of trustees of any such town, are hereby empowered to contract with the board of trustees of said university in regard to all matters pertaining to the location of said university, and are hereby made and constituted a body corporate for the purpose of thus contracting and doing and performing all other acts, and passing all needful ordinances, not in conflict with the laws of this state or the United States, necessary to carry into effect the provisions of this bill.

DuQuoin to § 5. For the purpose of securing to the city of DuQuoin, in the county of Perry, said university, the city council of said city of DuQuoin thereof are hereby authorized and empowered to pass an ordinance submitting to the voters. of said city of DuQuoin the question of donating the city park for the building of said university thereon-said ordinance stating that on a certain day therein named, not less than ten days from the passage thereof, a vote of the inhabitants of said city, who are entitled to vote therein in accordance with the last March annual registration list of said city, will be had, to decide whether said park shall be donated for the purposes aforesaid.

Election, manner of.

§ 6. Said vote in said city of DuQuoin, as provided in section five, shall be taken by ballot at the place or places designated by said ordinance. The tickets shall be prepared with the words "For ordinance donating park," and "Against ordinance donating park," printed or written thereon; and if a majority of the votes cast shall be in favor of the proposition "For ordinance donating park," then such donation shall be made; otherwise not.

7. This act shall take effect and be in force from and

after its passage.

APPROVED April 19, 1869.

NOTARIES PUBLIC.

AN ACT concerning notaries public.

In force April 19, 1869.

Duties of notaries public

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That notaries public must reside in the respective cities, towns or counties for which they shall be or have been appointed, residence. but may execute the duties of their office at any place within the state.

2. All certificates of acknowledgment heretofore giv- Certificate. en, or which hereafter may be given by notaries public duly commissioned within this state, which appear to have been taken within the state, shall be as valid and effectual as if the name of the city, town or county for which said notary is commissioned were stated in the venue: Provided, the place in and for which such notary is commissioned otherwise appears in such certificate.

penalty.

3. Any person who having been commissioned a no- Office vacated tary public in and for any city, town or county, who has upon removalor shall remove his residence therefrom, shall be held to have vacated his office, and shall not, thereafter, exercise the same; and any such person who shall, thereafter, attempt to execute the duties of such office shall be subject to a fine of one hundred dollars for each offense.

4. This act shall be in force from and after its passage.

APPROVED April 19, 1869.