Execution to issue on rendi § 8. Upon the rendition of any judgment for a breach of any law or ordinance of said town, the police magis- tion of judgment trate or justice of the peace rendering such judgment shall forthwith issue an execution for the amount of such judgment and costs of suit, which may be levied upon and collected out of any property of the defendant or defendants not exempt from execution by the laws of the state of Illinois. But if the constable having such execution shall return thereon that he cannot find sufficient property of the defendant or defendants not exempt from execution to satisfy such execution, or if the defendant or defendants. are transitory, then the said police magistrate or justice of the peace shall issue a capias against the body or bodies of the defendant or defendants, and the constable shall immediately arrest and convey him, her or them to the jail of said town, or to the county jail of the county of Iroquois, there to remain forty-eight hours, if the fine and costs amount to five dollars, and twenty-four hours for every additional sum of two dollars: Provided, however, that if the town council of said town or their attorney shall require a transcript of the judgment and costs, to be certified to the circuit clerk of the said Iroquois county, to have the same levied upon real property, and shall signify the same to such police magistrate or justice of the peace, he shall not issue a capias as aforesaid, but shall, without delay, certify a transcript thereof, according to law, to said clerk, which shall be filed and recorded as in other cases; and such judgment shall have, from the date of filing such transcript, the same force and effect as judgment rendered in the circuit court of said county in civil cases: Provided, that if the defendant or defendants shall, in any case arising under the provisions of this act, or any law or ordinance of said town, as herein before provided, signify his, her or their intention of appealing, and shall file the necessary appeal bond within the time required, the police magistrate or justice of the peace shall, if he approve such appeal bond, order the return of any property that may have been taken under execution, to satisfy such judgment. Private prop erty taken for 89. Whenever it shall become necessary to take private property for opening or altering any public street or openit alley, the corporation shall make a just compensation to the owner or owners of such property, and pay or tender the same before altering or opening such street or alley, or before taking private property for any public use; 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 freeholders of said town. All jurors impanneled to ascertain the amount of damages which shall be allowed to the owners of any property that is about to be taken for any public purpose, shall be sworn to examine the property in question, and after carefully Benefits damages. streets. and considering both the advantages and disadvantages that will probably accrue to the owner or owners thereof by such taking, and the proposed use of such property, they shall, within ten days, make out their verdict in writing, signed by each of said jurors, to the police magistrate of said town, assessing to each owner or owners such damages as they think just. Said police magistrate shall file and docket such verdict, and shall forthwith cause the town council or their attorney, and the owner or owners of the property included in such verdict, to be notified of the conDuties of the tents of the same. The police magistrate may, at any time magis- within ten days of the filing such verdict, for good cause police trate. Ordinances to remain in force. Vested property shown, set aside such verdict, and grant a new inquest of damages. If either party shall be dissatisfied with the verdict of the second inquest, they shall be allowed an appeal to the circuit court of the county of Iroquois. Whenever any such verdict, not exceeding the sum of one hundred dollars, shall be filed with the police magistrate, and entered upon his docket, unless set aside or appealed from, it shall be a judgment against the said town of Loda, in favor of such owner included therein, for the amount of damages thereby assessed to him; and in case the sum assessed to the owner exceed one hundred dollars, the said police magistrate shall, on application of the person entitled thereto, certify to the clerk of the circuit court of Iroquois county, a full and complete transcript of the proceedings and verdict in such case, which shall be filed and recorded by the clerk of said court, in the same manner as other transcripts from justices' dockets, and shall, from the time of such filing, have all the force and effect, in favor of the person or persons entitled to such damages, as a judgment obtained in said circuit court. 10. All ordinances and resolutions heretofore passed by the president and trustees of said town of Loda which are not inconsistent with this act, shall be and remain in full force and effect until the same shall be repealed by said president and trustees, or by the town council hereby created, and all actions, fines, penalties and forfeitures which have accrued to the president and trustees of said town, or which may accrue to them prior to the taking effect of this act, shall be vested in, and prosecuted and recovered by the corporation hereby created. § 11. All property belonging to the president and trustees of the town of Loda, for the use of the inhabitants of said town, shall, on the taking effect of this act, be vested in the corporation hereby created, and this act shall not invalidate any act done by said president and trustees, nor divest them of any rights which may have accrued to them prior to the passage of this act. Duties of the § 12. The town council shall require their clerk, and it shall be his duty, to make and keep a full and faithful clerk. record of all their proceedings, by laws and ordinances, and of the time, place and manner of the publication of such ordinances and by-laws, in a book to be provided for that purpose, and such book, purporting to be the record book of the corporation of the town of Loda, shall be received in all courts without further proof as evidence of the matters therein contained, and all ordinances, acts, resolutions, bylaws, and other things pertaining to and concerning the present corporation of the town of Loda, shall be sufficiently proven in any court of law and equity in the state of Illi nois, by the production in such court of the book or books in which the same is or are recorded, if such book or books purport to be the record book or books of said corporation; and all ordinances and by-laws hereafter passed by the town council of said town, before taking effect, shall be published at least ten days in some newspaper published in said town, or by posting up copies of the same in at least three public places in said town, and shall be signed by the president and clerk of the board, and authenticated by the common seal of the corporation, and shall be written out in full on the record book or books of the said corporation, and shall be signed thereon by the president and clerk of the town council with their proper signatures; and said clerk, at the time of making such record entry, shall attach thereto the common seal of the corporation, and shall also note the date of the adoption and publication, and the time of taking effect thereof. § 13. The style of the ordinances shall be, "Be it ordained by the Town Council of the town of Loda." Style of ordi nances. $14. All ordinances, before taking effect, shall be pub- Publication of lished at least ten days in a newspaper published in said ordinances. town, or by posting up copies, either printed or written, in three of the most public places in said town. 15. This act is hereby declared to be a public act, and Evidence of act. may be read in evidence in any and all courts of law and equity in the state of Illinois, without proof. This act shall take effect and be in force from and after its passage. APPROVED March 13, 1869. 'AN ACT to incorporate the town of Lombard, in DuPage county, Illinois. In force March ARTICLE I. 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 Lombard, in the county of DuPage, and state of Illinois, be and they are hereby constituted a body politic and corporate, by the name and 29, 1869. Name and style style of "The Town of Lombard ;" and, by that name, shall have perpetual succession, and may have and use a common seal, which they may alter at pleasure. cor General porate powers. town. § 2. The inhabitants of said town, by the name and style aforesaid, shall have the power to sue and be sued, to plead and be impleaded, to defend and be defended, in all courts of law or equity and in all actions whatsoever; to purchase, receive and hold property, real and personal, beyond the limits of said town, for burial grounds or other public purposes; to sell, lease and convey propertyt, real and personal, for the use of said town, and to protect and improve any such property, as the public good may require. Boundaries of $ 3. The boundaries of said town shall be and include the town of Lombard, in the county of DuPage, in the state of Illinois, as the same is recorded in the office of the recorder of said DuPage county, in book two of plats, at page two; also, commencing at a stone, on section five (5), at the northeast corner of said town plat, and running thence north 88° east, on a continuation of the north line of said town plat, to the center of the public highway or road to Addison; thence south eighty feet; thence west, on a line parallel with said line N., 88° E., to the west line of said town plat, and thence north 2o east, eighty feet, to the place of beginning. And whenever any tract of land adjoining said town is laid off in town lots and recorded, the same shall be and form a part of said town. Powers vested in council. Qualifications of members. Removal from town, office vacated. Judges of election. Quorum. ARTICLE II. SECTION 1. The government of said town shall be vested in a town council which shall consist of a president and four trustees, to be chosen, annually, by the qualified voters of said town, who shall hold their offices for one year and until their successors are elected and qualified. 2. No person shall be a member of the town council unless such member shall be an actual resident of the town when elected and a legal voter in said town. § 3. If any member of the town council shall, during an official term, remove from the town, the office held by such member shall become vacant. § 4. The town council shall appoint, annually, three legal voters of the town, whose duty it shall be to act as judges of election, and shall appoint their own president, and shall judge of the qualifications and returns of its own members, and shall determine all contested elections in such manner as shall be prescribed by ordinance. 5. 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; shall have power to establish and enforce rules for their own proceedings, to punish a member for disorderly conduct, and with a concurrence of threefifths of their number, to expel a member. 86. The town council shall keep a journal of its pro- Journal of proceedings, and shall have power to fill all vacancies which ceedings may occur therein, by death or otherwise. 87. All members of the town council, before entering oath of office. upon the duties of their office, shall take and subscribe an oath before a justice of the peace of said county, that they will support the constitution of the United States and of this state, and will faithfully perform the duties of their offices to the best of their ability; and there shall be at least one regular meeting of said council in each month, at such times and places as may be designated by ordinance. § 8. Whenever a tie shall occur in the election of any Tie vote, how member of the town council, the judges of election shall determined. certify the same to the justice of the peace of said town hereinafter provided for, who shall determine the same by lot, in such manner as may be prescribed by ordinance. ARTICLE III. ELECTIONS. SECTION 1. On the first Monday of April, A. D. 1869, an election shall be held in said town of Lombard, for the election of five members of the town council; and Isaac Claflin, Daniel C. Ferguson and Perry Harris, shall be the judges of said election; and forever thereafter, on the first Monday of April in each year, an election shall be held. for members of the town council. And judges shall keep a minute of their proceedings and a registry of voters, and declare, in writing, under their hands, who are elected members of the town council; which writing shail be recorded in a book to be provided by the town council for that purpose; and the record thereof shall be evidence of the election of said members of the town council; and said judges shall make returns, as required by section third of article third of this act. Election of town council. Election of and Justices of peace 2. On the first Monday of April, A. D. 1869, and every four years thereafter, an election shall be held in said constable town of Lombard for a justice of the peace and constable of said town, who shall hold their offices for the term of four years and until their successors are elected and qualified. Territory declared an elec § 3. For the election of a justice of the peace and contable, the said town of Lombard, as herein defined or may tion precinct. hereafter be extended or limited by ordinance, shall constitute an election precinct; and the first election of said officers shall be held on the first Monday of April, A. D. 1869, and shall be conducted, and returns thereof made in the Vol, III-110 |