such owner or owners of property proposed to be taxed for opening or altering a street or alley, by such opening or alteration.

§ 4. That the town council shall have power to levy Levy special tax and collect a special tax on the owners of lots on any street or part of a street, according to their respective fronts, for the purpose of grading or paving or otherwise making the sidewalks on said street or part of a street.

§ 5. That the lot in front of which any sidewalk shall sidewalks. be made shall be taxed to pay at least one-half of the expenses of making such sidewalk, in addition to the regular tax, which shall be assessed and collected in the same manner as other taxes.

ARTICLE VIII.

MISCELLANEOUS PROVISIONS.

Exempt from road labor out

SECTION 1. The inhabitants of the town of Lombard are hereby exempted from working on any road beyond the side town limits. limits of said town, and the payment of any road tax levied by authority of the county court or other county authorities; and the entire jurisdiction and control of the roads, highways and bridges in said town shall be held and exercised by the town council provided for by this act.

§ 2. The town council, for the purpose of keeping the streets, alleys, lanes, avenues and highways in said town in repair, are authorized and empowered to require every able-bodied male inhabitant of said town, over twenty-one years of age and under fifty, to labor on said streets, alleys, lanes, avenues and highways any number of days not exceeding three in each year; and any person failing to perform such labor, when duly notified by the street commissioner, or other authorized officer of said town, shall forfeit and pay the sum of two dollars to said town for each and every day so neglected and refused.

Inhabitants to alleys, etc.

labor on streets,

for.

3. The town council shall have power to provide for Misdemeanor, the punishment of offenders against any ordinance of said fine and penalty town, by imprisonment in the county jail not exceeding thirty days for any one offense, in all cases where such offenders shall fail or refuse to pay the fines and forfeitures which may be recovered against them.

in name of town

4. All suits for fines or penalties in and for the vio- Suits Instituted lation of any ordinance shall be in the name of the town of Lombard; and the town council shall have power to regulate, by ordinance, the form and nature of the first and any subsequent process, and the mode of executing the

same.

§ 5. The corporation hereby created shall not be required, in any suit brought for a violation of any ordinance of said town, to file, before the commencement of such snit, or during the pendency thereof, any security for costs.

Not required to or cost."

enter security

May declare office vacant.

Proof of act.

§ 6. Whenever the justice of the peace or constable herein provided for shall remove from said town, resign or die, or either of said offices shall become otherwise vacant, the town council shall immediately provide for filling such vacancy by election.

7. This act is hereby declared a public act, and may be read in evidence in all courts of law and equity in this state, without proof; and upon its going into effect, all acts and parts of acts contrary to or inconsistent with the provisions of this act, are hereby repealed.

8.

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

APPROVED March 29, 1869.

In force March 29, 1869.

Name and style.

Corporate pow

ers.

Boundaries of the town.

AN ACT to incorporate the town of Malta, in the county of De Kalb,

Illinois.

ARTICLE I.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the inhabitants of the town of Malta, in the county of De Kalb, and state of Illinois, are hereby constituted a body politic and corporate, by the name and style of "The President and Trustees of the Town of Malta ;" and, by that name and style, have perpetual succession, and may have and use a common seal, which they may change and alter at pleasure, and in whom the government of the corporation may be vested and by whom its affairs shall be managed.

2. The inhabitants of said town, by name and style aforesaid, may sue and be sued, implead and be impleaded, defend and be defended, in all courts of law and equity and in all actions whatever, and purchase, receive and hold property, real and personal, within and beyond the limits of said town, for burial grounds and for other purposes, for the use of the inhabitants of said town, and may sell, lease or dispose of property, real or personal, for the benefit of said town, and improve and protect such property, and do all things in relation thereto as natural persons.

§ 3. That all those tracts of land embraced within the following boundaries, to-wit: Commencing at the northeast corner of the north-west quarter of section twentythree (23); thence west one hundred and sixty rods (160), to the north-west corner of said north-west quarter of section twenty-three (23); thence south, on section line between sections twenty-three (23) and twenty-two (22), two hundred and eighty rods (280); thence east eighty rods (80); thence

north eighty rods (80); thence east forty rods (40); thence north eighty rods (80), to the place of beginning, be and the same is hereby declared to be within the limits or boundaries of said town of Malta.

ARTICLE II.

SECTION 1. On the Monday before the first Tuesday in April of each year, the inhabitants of said town shall elect four trustees and one president of the board of trustees, one clerk of said board, and one treasurer, and one justice of the peace, (to be styled a police justice), and one constable, who shall hold their offices for one year or until their successors are elected and qualified, except the justice of the peace and constable, who shall, after the next quadriennial election for justice of the peace and constable, hold their office for four years; which said justice of the peace and Constable shall qualify in the same manner and have the same jurisdiction and be subject to the same liabilities as ether justices of the peace and constables.

82. The president of the board of trustees of said town Powers of the shall be, ex officio, a member of the board of supervisors of president. De Kalb county, and shall have the same powers as any other supervisor of said county or member of said board and receive the same compensation for the same services.

tions.

§ 3. F. H. Brundage, C. W. Haish and E. W. Lewis, Judges of eieror any two of them, shall be judges of the first election under this act; after which the president of the board of trustees, the treasurer and clerk of the board, shall be judges of the election. Said election to be conducted in accordance with the laws of this state. Ten days' public notice of the time and place of holding any election of trustees shall be given by the judges of the election, by advertisement in any weekly newspaper published in said town, or by posting up three notices in the most public places in town.

Qualification

§ 4. No person shall be elected as president of the board of trustees or trustee of said town who shall not have of membes. been for one year previous to such election a resident and bona fide freeholder within the corporate limits of said town; and at all such elections any person who shall be qualified to vote for state and county officers and shall have a residence within the limits of said corporation for sixty (60) days previous to such election, not being there for the purpose of being educated or other temporary object, may enjoy the rights of an election.

5. The trustees shall be judges of election, qualifications Election returns and returns of the president and of their own members and of clerk and treasurer. A majority of the trustees shall constitute a quorum to do business, but a smaller number may adjourn, from day to day, and compel the attendance

Vol. III-111

Street labor,

of absent members, in such manner and under such penalty as they may provide, and punish the members for disorderly conduct, and, by a vote of three-fourths of the whole number elected, expel a member; and make such other rules and regulations for their government as to them may seem proper and expedient, and shall have power to fill any vacancies in the board of trustees, president, clerk or treasurer, occasioned by death, resignation, removal or continued absence from the town for three months: Provided, they shall not appoint one of their number to any such office; and the president shall in no cases be entitled to a vote except in case of a tie.

$6. The president and trustees shall have power: how performed. First-To cause all the streets, alleys and public roads within the limits of said town to be kept in good repair, and, to this end, may require every able-bodied male resident of said town, over the age of twenty-one (21) and under the age of sixty (60) years, to labor on the same not exceeding three (3) days in each year; and, if such labor be insufficient for that purpose, to appropriate so much of the general funds of the corporation as they shall deem necessary therefor.

Levy and collect taxes.

Running

and cattle.

at

Second-To open, alter, vacate, widen, extend, establish, grade, pave or otherwise improve any streets, avenues, lanes, alleys or public roads, within the limits of said town.

Third-To levy and collect taxes upon all property, real and personal, within the limits of said corporation, not exceeding one half per cent., per annum, upon the assessed value thereof, and may enforce the payment thereof in any manner, to be prescribed by ordinance, not repugnant to the constitution of the United States and of this state; and the clerk of the board shall certify to the county [clerk] previous to the annual meeting of the board of supervisors the rate of all taxes levied by said board.

Fourth-To restrain, regulate or prohibit the running at large of horses large of cattle, horses, sheep, swine, goats and other animals, and to authorize the distraining, impounding and sale of the same, and to prohibit any indecent exhibition of horses or other animals.

Dogs at large.

Fast driving.

Public pound.

Fifth-To prevent and regulate the running at large of dogs, and to authorize the destruction of the same when at large contrary to any ordinance.

Sixth-To prevent horse-racing or any immoderate racing, riding or driving, within the limits of said town, of horses or other animals; to prohibit the abuse of animals; to compel persons to fasten their horses or other animals attached to vehicles or otherwise, while standing or remaining in any street, alley or public road of said town.

Seventh-To establish and maintain a public pound and appoint a poundmaster and prescribe his duties.

Eighth-To restrain and prohibit aH description of gamb. Gambling, etc. ling and fraudulent device, and to suppress and prohibit billiard tables, ball alleys and other gaming establishments: Provided, they may have power to license billiard tables, ball alleys or other places of exercise and amusement.

Ninth-To suppress and prohibit disorderly houses or Suppress disgroceries and houses of ill-fame.

orderly houses.

Tenth-To license, regulate and prohibit all exhibitions Exhibitions. of common showmen, shows of every kind, caravans, circuses, exhibitions and amusements and auctions.

Eleventh-To prevent, suppress and prohibit any riot or fray or disturbance or disorderly assemblage, assaults, assaults and batteries, or shooting within the limits of said

town.

Riots, affrays and tumults.

eases.

Twelfth-To make regulations to prevent the introduc- Contagious distion of contagious diseases into the town, and execute the same for any distance, not exceeding two miles from the limits thereof.

Thirteenth-To abate and remove nuisances, and punish Abate nuisances the authors thereof, and define and declare what shall be nuisances in said town or for any distance, not exceeding two miles, from the limits thereof, and authorize and direct the summary abatement of the same.

Fourteenth-To regulate the storage of gunpowder and Combustibles. other combustible materials.

Fifteenth-To provide for the prevention and extinguish- Fire department ment of fires, and to organize and establish fire companies.

Sixteenth-To provide the town with water, for the extinguishment of fires and for the convenience of the inhabitants.

Seventeenth-To provide for inclosing, improving and Public grounds. regulating all public grounds and other grounds belonging

to said town.

Eighteenth-To provide for the erecting of all needful, Needful buildbuildings for the use of said town.

ings.

Nineteenth-To make all necessary regulations to secure General health the general health of the inhabitants thereof.

Twentieth-To license, regulate, suppress and prohibit Prohibit sale the selling, bartering, exchanging and traffic of any wine, of ardent spirits. rum, gin, brandy, whisky, ale or strong beer, or other intoxicating liquors, within the limits of said town, and to prevent giving away the same by any trader, dealer, shop or tavern-keeper, to be used as a beverage.

Twenty-first-To appropriate and provide for the pay- Indebtedness. ment of any debt or expenses of the town, and fix the compensation of town officers.

ordinances.

Twenty second-To make all ordinances which shall be Power to pass necessary and proper for carrying into execution the pow ers specified in this act, or which they may deem necessary or expedient for the better regulation of the internal police of said town, and to execute the same, and to impose fines,