$9. To prevent the firing of guns or other combustibles Fire-arms. or firearms within the limits of said town. large of horses § 10. To restrain, regulate or prohibit the running at Running at large of cattle, horses, sheep, swine, or other animals, and and cattle. to authorize the distraining, impounding and sale of the same, and to prohibit any indecent exhibition of horses or other animals. 11. To compel persons to secure their horses and other animals, attached to vehicles or otherwise, while in the limits of said town. § 12. To define and declare what shall be a nuisance; Abate nuisances to punish the author thereof. 13. To provide for inclosing, improving and regula- Public grounds. ting all public grounds. 14. To borrow money on the credit of the town, at a May borrow rate of interest not to exceed ten per cent. per annum. money. Election of of 15. To regulate the election of town officers, and to provide for the removal from office any person holding ficers. office created by ordinance. § 16. To regulate the police of the town; to impose Regulate police. penalties, fines and forfeitures, for the breach of any ordi nance, for [the] recovery and appropriation of such fines and forfeitures and for the enforcement of such penalties: Provided, that the right of trial by jury shall in no case be denied to any person charged with a breach of any of the provisions of this act or any ordinance. § 17. To fix the compensation of town officers; to regu. Fees of office. late fees of jurors, witnesses and others, for services rendered under this act or by any ordinance. ings, etc. 18. To require railroad companies to construct and, Railroad crosskeep in good repair all crossings, where the town council shall deem it necessary. ordinances. 19. The town council shall have power to make Make and pass and enforce all ordinances necessary and proper for carrying into effect all the powers specified in this act: Provided, that such ordinances are not repugnant to nor inconsistent with the constitution of the United States or of this state. offenders. § 20. The town council shall have the power to provide Punishment of for the punishment of offenders against the ordinances of said town, by imprisonment in the county jail, not exceeding thirty days for any one offense, in all cases where the offender shall fail or refuse to pay the fines or forfeitures which may be recovered against them. ings. $ 21. To provide for the erection and improvement of Needful buildpublic buildings for the use of said town. § 22. To provide for lighting streets, by erecting posts, Lighting streets with lamps, ect., and control the same; to tax, prohibit, restrain and suppress tippling houses, dram shops, gaming houses or other disreputable houses within said town; but not to license any house or place for the sale of intoxicating drinks of any kind as a beverage. The style of the ordi nances. Style of ordinances of the town shall be, "Be it ordained by the Town Council of the town of Heyworth," and all ordinances of the town may be proved by the seal of the corporation. Presiding offi SECTION 1. The president shall preside at all meetings cer of council. of the town council and shall have a casting vote, and no other; and, in case of his non-attendance at any meeting, the council shall appoint one of their number chairman, who shall preside at that meeting. The president shall have power to require of any officer of said town an exhibition of his books and papers, and shall have power to do all other acts required of him by any ordinance made in pursuance of this act. Private property taken for public use. Construction of Sidewalks. Exempt from road labor out ARTICLE VII. SECTION 1. Whenever it shall be necessary to take property for opening or altering any public street or alley, the corporation shall make just compensation to the owners of such property, and pay or tender the same, before opening such street or alley; and in case the amount of such compensation cannot be agreed upon, the police magistrate shall cause the same to be ascertained by a jury of six disinterested persons of said town, who shall examine and report in writing, under oath, to the said magistrate the amount of such damages. 2. The town council shall have power to cause all owners or occupants of premises to build sidewalks and keep the same in repair in front of said premises, and when not built according to the orders of said council, they may build or repair the same and assess the cost thereof against said premises and collect the same, as other town taxes are collected. MISCELLANEOUS PROVISIONS, SECTION 1. The inhabitants of the town of Heyworth are side town limits. hereby exempted from working on any road beyond the limits of the town and from paying any taxes to procure laborers to work upon the same. Inhabitants to § 2. The town council shall have the power and it is labor on streets. hereby made its duty, when it is necessary for the 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 in each year; and any person failing to perform such labor, when duly notified by the supervisor of streets of said town, shall forfeit and pay the sum of one dollar and fifty cents to said town, for each and every day so refused or neglected. Exhibit of ac 3. The town council shall cause to be kept in their of fice a record of all moneys, credits, etc., received and dis- counts. bursed, and to be subject to examination at any time by any citizen of said town. acts. 84. This act shall not invalidate any former act done Not to Invaliby the citizens of said town to incorporate the Heyworth date previous school district, nor divest them of any rights which have accrued to them prior to the passage of this act. 5. Appeals shall be allowed in all cases arising under Appeals taken the provisions of this act or ordinances passed in pursuance of said act, to the circuit court of McLean county in the same manner as appeals are taken from and granted by justices of the peace: Provided, that when the town shall appeal, a bond, filed by the clerk of the council in the name of the town, shall be deemed sufficient to obtain an appeal. filled. § 6. Should there a vacancy occur, from any cause, in Vacancies, how the office of magistrate or constable, the council shall proceed to fill said vacancy by election. 7. The said board of trustees shall have power to reg- Sale of liquors. ulate, license, suppress or prohibit the selling, bartering, exchanging or traffic in or giving away as a beverage, any ale, wine, rum, gin, brandy, whisky or other intoxicating liquors within the limits of said corporation, and may pass ordinances fixing the amount and nature of punishment or fine to be assessed on any person who shall violate any of the provisions of this section or permit the same to be done on his or her premises: Provided, that the question of license shall be submitted to a vote of the people of said town at each town election, the vote to be canvassed the same as any other vote at such town election, and the result of said vote to be binding upon said board of trustees. S. This act is hereby declared to be a public act, and may be read in evidence in all courts of law and equity in the state without proof. 9. All acts or parts of acts conflicting with the provisions of this charter are hereby repealed. § 10. This act shall take effect and be in force from and after its passage. APPROVED March 31, 1869. AN ACT to incorporate the town of Illiopolis, Sangamon county, Illinois. In force March 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 Illiopolis, in the county of Sangamon and state of Illinois, be and they are hereby constituted and declared a body politic and corporate, 4, 1689. Name and style by the name and style of "The Town of Illiopolis ;" and by that name and style shall have perpetual succession; and may have and use a common seal which they may change or alter at pleasure. Corporate pow ers. Boundaries of corporation. Powers vested in council. and returns of members. § 2. The inhabitants of said town, by the name and style aforesaid, shall have power to sue and be sued, to plead and be impleaded, to defend and be defended in all courts of law and equity, and in any action whatsoever; to purchase, receive and hold property, real and personal, within or beyond the limits of said town, for burial grounds and other public purposes; to sell, lease or convey property, real and personal, for the use of said town, and to protect and improve any such property as the public good may require. 83. The following district of country shall be included within the boundaries of said town of Illiopolis, to-wit: Embracing all of section No. seven (7), in township No. sixteen (16) north, range one (1) west, of the third principal meridian, and all additions that may hereafter be added to said town. § 4. The government of said town shall be invested in a town council, to consist of five members, to be elected annually, by the qualified voters of said town, and who shall hold their offices for one year, till their successors are elected and qualified. Qualifications § 5. The town council shall, at the first annual meeting after election, proceed to elect one of their number president; and shall judge of the qualifications and returns of its own members, and shall determine all contested elections in such manner as may be prescribed by ordinance. 8 6. No person shall be elected a member of said town council, who has not attained the age of twenty-one years, and who has not resided in said town one year next preceding an election-a citizen of the United States and a bona fide freeholder in said town. Qualification for members. Office vacated. Journal of proceedings. Osth of office. business. 7. If any member of the town council shall, during the term of his office, remove from the limits of the corporation, his office shall thereby become vacant. 8. The town council shall keep a journal of its proceedings, and shall have power to fill all vacancies which may occur therein, by death, resignation or otherwise: Provided, the vacancy shall not exceed three months. $ 9. Each member of the town council, before entering upon the duties of his office, shall take and subscribe an oath, before any person authorized by law to administer oaths. Quorum to do § 10. A majority of the town council shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members under such fines and penalties as may be prescribed by ordinance, and 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. 11. Whenever a tie shall occur in the election of Tie vote, how members of the town council, the judges of the election determined. shall certify the same to the police magistrate of the town, who shall determine the same by lot, in such manner as may be prescribed by ordinance. council. $12. On the first Monday of April, A. D. 1869, an elec- Election of tion shall be held in said town of Illiopolis, for the purpose of electing the five members of said town council; and forever after, on the first Monday in April, of each year, an election shall be held for said offices. Election of magis trate. § 13. On the first Monday of April, A. D. 1869, there shall also be elected at the same time and place one police police magistrate of the town of Illiopolis, who shall hold office for four years and until his successor is elected and qualified; and forever thereafter, on the first Monday of April every four years, an election shall be held for the election of a police magistrate, and whose jurisdiction, powers, duties, functions and emoluments shall be the same as is provided for in "An act for the better government of towns and cities, and to amend the charters thereof," approved Febuary 27, 1854. § 14. Ten days' notice of the first election, under this First election. act, shall be given by J. R. Blain, J. S. Hampton, Peter Rasar, M. H. Wilmot and D. Binkley, the present trustees of said town, who, also, shall prescribe the manner in which elections shall be conducted, and cause to be posted in three of the most public places in said town written or printed notices of such election, stating the object and time. and place of holding said election, the hour of day at which the polls shall be opened and the hour of the day at which they shall be closed. voters. 15. All persons who are entitled to vote for state of Qualification of ficers by the laws of this state and who shall have been an actual resident of said town sixty days next preceding any election held under the provisions of this act, shall be entitled to vote at any such election. § 16. The town council shall have the power and authority to levy and assess and collect a tax or taxes upon all property, real, personal or mixed, within the limits of the corporation of said town, which is now or may hereafter be subject to taxation for state or county purposes, not exceeding one per centum, per annum, upon the assessed value thereof; and may assess and enforce the collection of the same by any ordinances, not repugnant to the constitution of the United States or of this state; or the president and town council 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, and cause the Power to levy assess and collect taxes. |