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their membership, except in case of insurrection or invasion; to regulate the police of the town, to regulate the election of town officers, and to fix their fees and compensation, and from time to time to pass such ordinances as are necessary to carry into effect the provisions herein granted, as the good of the inhabitants may require; to impose and appropriate fines and forfeitures for the breach of any ordinance, and to provide for the collection thereof, and that in cases arising under this act, or growing out of the by-laws or ordinances made in pursuance of this act of incorporation, any justice of the peace within the incorporation shall have jurisdiction to hear and determine the same; Provided, always, appeals may be taken and writs of certiorari allowed as is now or may hereafter be provided by law.

Sec. 7. The trustees shall have power to regulate, grade, Road tax pave and improve streets, avenues, lanes, public squares and alleys; to carry into effect the foregoing powers, the trustees shall have power to levy annually a road labor tax, of not more than five days nor less than two, against every able bodied male inhabitant over the age of twenty-one years and under that of fifty, to be collected and expended in such manner as they shall by their ordinance determine.

SEC. 8. Upon the application of two-thirds of the owners Special tax of real estate on any street or parts of streets, it shall be law- for paving side walks ful for the trustees to levy and collect a special tax on the owners of lots on said street or part of a street, according to their respective fronts, for the purpose of grading and paving the side walks in front of said lots.

SEC. 9. Said trustees, or a majority of them, shall have power to preserve good order and harmony in said town, and to punish open indecency, breaches of the peace, horse racing, disorderly houses, riotous meetings or assemblages, and to punish persons for making loud or unusual noises, or for disturbing persons assembled at religious or other meetings, to prevent the throwing of fire bails or firing of squibs; for which purpose the trustees may make such by-laws and ordinances, not inconsistent with the laws of this State, as they may deem necessary or expedient to carry the provisions of this act into effect, and impose fines for the violation thereof; which fines shall be recovered before any justice of the peace in said

town.

dinances

SEC. 10. It shall be the duty of any justice of the peace in Fines for said town, and he is hereby authorized and empowered, on breach of or view or upon complaint being made to him upon oath, of the violation of any law or ordinance of said corporation, to issue his warrant directed to the town constable or to any authorized person, to apprehend the offender or offenders and bring him or them forthwith before him, and after hearing the evidence, if it shall appear that the accused has been guilty of the violation of any law or ordinance of the corporation to

To be paid Mto town treasury

Mode of colTeating tax

Real estate

If not redeem-
ed deed to
be made to
purchaser

impose such fine or imprisonment as is provided by the laws of the State for the punishment of similar offences.

SEC. 11. All fines or moneys collected for licenses granted under the provisions of this act shall be paid into the town treasury for the use of the inhabitants of the town.

SEC. 12. The trustees may adopt such modes and means for the assessment and collection of taxes as they shall from time to time deem expedient, and prescribe the manner of selling property when the tax levied upon it shall not be paid; Provided, no sale of any real estate shall be made until public notice of the time and place of sale shall be given by advertisement in some newspaper in said town, or at four of the most public places in said town, by putting up written notices, containing a list of said delinquent real estate at least thirty days previous to the day of sale.

SEC. 13. When any real estate shall have been sold for sold for taxes taxes as aforesaid the same shall be subject to redemption in subject to redemption the time and on the terms now provided, or hereafter to be provided, by the revenue laws of this State for the redemption of real estate sold for State and county taxes; but should the real estate so sold for taxes not be redeemed in the time and manner provided by law, and if the purchaser, or other person for him, shall have paid all taxes with which such real estate shall have been charged up to the time when the right of redemption shall expire, then and in that case it shall be the duty of the president of the board of trustees to execute to the purchasers a deed of special warranty, signed by the president and countersigned by the clerk of the board of trus

Constable to be elected

His powers and duties

Trustees to

tees.

SEC. 14. At every regular election of trustees there shall also be elected one town constable, who shall be ex-officio collector of corporation taxes, who shall have authority to execute all writs, process, and precepts which may be issued against any person for the violation of any of the laws or ordinances of the corporation, and to arrest on view all persons who may violate such ordinances; to collect all fines or forfeitures which may be assessed or recovered for the use of the corporation, and the trustees shall require bond and security of said constable in such sum as they may think proper. Said constable to hold his office for one year and until his successor is elected and qualified; shall have and possess the same powers and perform the same duties in other respects, within the limits of the corporation, as constables in the several districts of the county possess and perform, and shall take the same oath of office. The per cent. allowed the constable for collecting taxes shall be fixed by the trustees.

SEC. 15. Trustees shall keep a well bound book in which keep record shall be recorded, in a fair and legible hand, all by-laws, ordinances, and precepts of said corporation, and no by-law or& ordinances dinance or precept shall be in force until the same shall have been advertised, by posting up the same in at least three pub

of by-aws

lic places in said town, ten days previous to the time the same is to go into effect, or by publishing the same in some newspaper in said town, nor until the same shall have been recorded and signed by the president with the clerk's certificate attached that the same has been approved by the board and advertised; which record shall be evidence of the authority of said bylaws, ordinances, or precepts that they have been legally enacted; Provided, that nothing in this act shall be so construed as to prejudice any claim or vested right granted by or accruing to any person or persons under the former act of incorporation.

solved

SEC. 16. This act of incorporation may be annulled or Corporation abolished by a vote of two-thirds of the legal voters of said may be distown, at any regular election for trustees, ten days public notice having been given of such intention; any law to the contrary notwithstanding; Provided, that if a dissolution shall take place, no right shall be prejudiced or claim vitiated that may accrue under the provisions of this act or that may have accrued under the former act of incorporation.

SEC. 17. This act shall not take effect until the same shall Act when take effect have been submitted to a vote of the legal voters of said town; to effect which the trustees shall, at one of their regular meetings, direct an election to be held in said town, and shall give ten days notice of said election; three of said trustees shall act as judges and shall choose two competent clerks, who together shall receive, count, and record all legal votes given for or against this act of incorporation, and if a majority of all the votes given shall be in favor of this act, then this act shall be in full force. The trustees shall file and record the poll books of said election, and said record shall be evidence of the acceptance and adoption of this act. APPROVED, March 4th, 1843.

AN ACT to provide for a change and re-location of a part of the Darwin

and Charleston turnpike,

In force. Mar. 6, 1843.

road

SEC. 1. Be it enacted by the People of the State of Illinois, Darwin and represented in the General Assembly, That William M. Todd, Chester of Shelby county, Harvey Chapman, of Christian county, and Turnpike John B. Watson, of Sangamon county, be and they are hereby appointed commissioners to view and examine so much of the Charleston and Darwin turnpike road as lies between the city of Springfield, in Sangamon county, and mile-post on said road numbered 44, numbering from Springfield, and also to view, mark, survey, and lay out a proposed route commencing at mile post number 44, in Shelby county aforesaid, and running from thence to Stonington city, in Christian county, thence to Rochester, in Sangamon county, thence to Springfield, in the county last aforesaid.

Com❜rs to

SEC. 2. Said commissioners, or a majority of them, shall meet and lo meet in the city of Springfield, at any time to be agreed on

cate road

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by them, before the first Monday in the month of October next, and after having been first duly sworn to the faithful performance of their duties, shall proceed to view and carefully examine the said turnpike between the points aforesaid, and also to view, survey, mark, and lay out said proposed route from point to point in the manner prescribed by the act to extend the Darwin and Charleston turnpike from Charleston to Springfield, and make report thereof conformable to the provisions of that act; Provided, that said commissioners shall not be required to plant mile-posts as required by that act, but in lieu thereof shall firmly plant in the ground a common stake of durable timber, at the termination of each mile, from the point of commencement; And provided further, that in making out their report said commissioners shall state the difference in the distance of the two routes; and also, whether, in their opinion and good judgment, the public interest, the utility and permanency of the road, would be better secured by a re-location on the proposed route, and if so, to distinctly recommend its removal. If, on the contrary, they should be of opinion that the interest of the public, the utility and permanency of the road, would best be secured by its present location, they shall distinctly set forth the fact, and said turnpike shall not be changed or removed. But if said commissioners shall recommend its removal, then and in that case all that part of the said turnpike lying between the city of Springfield and mile post number 44 aforesaid, shall be taken and deemed vacated, and the road laid out on the proposed route shall be taken and deemed a part of the Darwin and Charleston turnpike road; any law to the contrary notwithstanding.

SEC. 3. The surveyor of Christian county shall survey all that part of the proposed route lying within the counties of Shelby and Christian, and the county surveyor of Sangamon county shall survey so much of the proposed route as lies in Sangamon county; all the necessary hands, other than the commissioners and surveyors, shall be employed from the county in which the labor is performed, and the county commissioners' courts of each county may, if they think proper, allow each hand so employed within the limits of such county a reasonable compensation per day for each day necessarily employed within the limits of such county, as they may deem just and proper. The county commissioners' courts of each county through which the proposed route shall pass, may, if they think proper, respectively allow the surveyor and commissioner from their respective counties such compensation as they shall deem just and right..

SEC. 4. The county commissioners' courts of the counties of Shelby, Christian, and Sangamon, are hereby authorised to set the said road with mile posts as required by the act to extend the Darwin and Charleston turnpike from Charleston to

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Springfield, at any time when in their opinion the condition of their respective county treasuries will justify the expense. APPROVED, March 6th, 1843.

AN ACT to change part of the turnpike road in Hancock county.

In force,

Feb. 1, 1843.

locate road

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That John Harnest, Samuel Com'rs to reDuniven, and Frederick Loring, of the county of Hancock, be and they are hereby appointed commissioners to view, survey, and re-locate a part of the turnpike road in said county, commencing at the public square in the town of Carthage, thence east with south main street, to the limits of said town, thence with the stage road as near as practicable to De Kalb post office, thence east with said road to a suitable point where said commissioners may think most proper to leave the same for the purpose of intersecting the said turnpike road at the the most convenient and suitable place.

To be sworn

SEC. 2. The said commissioners, or a majority of them, shall Time & place meet at the town of Carthage on the first Monday in April of meeting next, or as soon thereafter as practicable, and after being duly sworn by some justice of the peace of Hancock county faithfully to discharge the duties required of them by this act, shall proceed to re-locate said road as herein before described, having a due regard to its permanency and usefulness, doing as little injury to private property as the public good will admit of, and to make out two copies of the survey and plat of Plat of road the same, one of which they shall transmit to the internal improvement office at Springfield, the other to be filed with the clerk of the county commissioners' court of Hancock county, who shall record and file the same in his office.

to be made

SEC. 3. The county commissioners' court of Hancock Pay of com'rs county shall allow said commissioners, and the necessary hands employed by them, such compensation for their services as they may think reasonable and right.

Co, road

SEC. 4. That the said turnpike road, from the place where Par: of turnthe above named re-location intersects the same, west to the pike vacated town of Warsaw, be and the same is hereby vacated, and the county road from Carthage to Warsaw is hereby declared to made part of be and form a part of the said turnpike road, and the county turnpike commissioners' court of Hancock county shall cause a copy of Plat to be the survey and plat of said county road to be made out and trans- filed mit the same to the internal improvement office at Springfield.

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first location

SEC. 5. That all that portion of said turnpike road thus re- Road subject located and changed shall be subject to all the benefits and to laws of its regulations contained in the act authorising the first location of the said road. This act to take effect from and after its passage.

APPROVED, February 1st, 1843.

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