sion shall be reduced to writing, be signed by the supervisors making it, and filed by them in the office of the town clerk of the town, who shall record the same.

§ 36. Every such supervisor shall be entitled to receive one Compensation. dollar and fifty cents for every day employed in hearing and deciding of such appeal, to be paid by the party appealing, where the determination of the commissioners shall be affirmed, but where it is reversed to be charged against the county.

sion.

§ 37. Where an appeal shall have been made from a determina- Reversal of decition of the commissioners refusing to lay out or alter a road, and the supervisors shall reverse such determination, such supervisors shall lay out or alter the road applied for, and in doing so shall proceed in the same manner in which commissioners of highways are directed to proceed in like cases. Such roads shall be opened by the commissioners of the town in the same manner as if laid out by themselves.

§ 38. In case of any one of the supervisors to whom such application shall have been made shall become unable to attend before the determination of such appeal, it shall be the duty of the remaining supervisors named therein to associate with themselves another of the supervisors of the same court, who shall act with them in all subsequent proceedings, in the same manner as if he had been originally named in such appeal. In case the term of of

fice of any supervisor shall expire before the determination of such appeal, he shall continue to act in the premises the same as if he had been re-elected.

Inability to tend.

at

tinued in certain

cases.

§ 39. No road which has been fixed by the decision of the su- No road disconpervisors, on appeal to them, shall be discontinued or altered so long as such supervisors or either of them shall continue in such office, except by the order of same supervisors, or such of them as shall continue in office, joined by such other supervisors as shall be necessary to make three; such additional supervisor or supervisors to be selected by the person applying for the discontinuance or alteration.

§ 40. If no one of the said supervisors shall continue in office, such application shall be made by any three of the supervisors then in office, not having any interest in the road so desired to be discontinued or altered.

§ 41. No application made under either of the two last preceding sections shall be acted upon by the supervisors, unless the same be accompanied by a certificate, signed by the commissioners of highways of the town in which such road is situated, stating their approbation of such application, and before the supervisors decide thereon, they shall proceed to view the road so desired to be discontinued or altered. They shall be entitled to the same compensation as above provided, to be paid by the applicant.

§ 42. Whenever the commissioners of highways shall have laid Notice to remove out any public highway, through any enclosed, cultivated, or im- fences. proved lands, in conformity to the provisions of this act, and their determination shall not have been appealed from, they shall give the owner or occupant of the land through which such road shall have been laid, sixty days' notice in writing, to remove his fences; if such owner shall not remove his fences within sixty days, the commissioners shall cause such fences to be removed, and shall direct the road to be opened and worked.

Public roads pub

Bopeall'g clause.

§ 43. If the determination of the commissioners shall have been appealed from, then the sixty days notice shall be given after the decision of the supervisors upon such appeal shall have been filed in the office of the town clerk of the town.

§ 44. The public roads now existing by law are declared the Hic highways. public highways of the towns in which roads shall lay. This act to take effect from and after its passage, and former any statutes or parts of statutes which conflict with any of the provisions of this act are hereby repealed, as affecting counties and towns which shall organize under the provisions of this act. APPROVED February 12, 1849.

quired to work on roads.

AN ACT to incorporate towns and cities.

Persons commit- SECTION 1. Be it enacted by the people of the state of Illinois, reted to all re- presented in the General Assembly, That any incorporated town or city in this state may have power to provide by ordinance that every person against whom any judgment may hereafter be recovered, in favor of said town or city, for a penalty or fine for a breach of any ordinance, instead of being committed to jail, may be required to labor on the streets until the whole fine and costs shall be paid, at the same rate per day as may be allowed as a forfeiture for a failure to perform street labor under the direction of the street commissioner.

May declare what

sance.

§ 2. The corporate authorities of any city or town in this state hall be a nul- may have power to declare what shall be a nuisance, and to prevent and remove the same as much as one-half mile beyond the limits of the corporation, with full power to impose a fine for a violation of any ordinance to that effect.

&c.

be may To pave, grade, § 3. Whenever it necessary to pave or grade any street or front lots, or to fill up or alter any lot that may be declared to be a nuisance, said corporate authorities may have power, upon the failure of the owner of any lot to pave, grade or fill up said lot, or to pay the taxes or fine that may be assessed on the owner or owners thereof, to require that said lot, or so much thereof as may be necessary, shall be sold for the payment of the tax or fine and cost, in the manner authorized for the collection of other taxes, and all assessments so made shall constitute a lien on said lot.

Powers to towns

en to cities.

§ 4. The corporate authorities of all towns and cities incorpothe same as giv-rated under chapter twenty-five, entitled "corporations," of the revised code, or under any special act, shall have power to pass all the ordinances and by-laws, and possess all the powers authorized under the laws and amendatory acts incorporating either of the cities of Springfield or Quincy; provided that towns containing a population of less than fifteen hundred white inhabitants, shall have no other officers or allow any other compensation than is allowed under chapter 25th of the revised code, unless expressly authorized by law.

nhabitants

ya city.

of

§ 5. The inhabitants of any town containing a population of not town may form less than fifteen hundred inhabitants may be incorporated by the name and style of the "city of," when a majority of the legal voters thereof shall yote in favor of being incorporated as a city, at

an election to be held at the court house, notice being given, by being published for two weeks in succession in any newspaper published in said town, by the president and trustees of said town, or giving such notice as may be prescribed under an ordinance passed by the president and trustees of said town.

ties.

§ 6. All the articles and provisions in either of the acts incor- Powers and duporating Quincy or Springfield, prescribing the duties of the president and trustees, ordering an election of city officers, prescribing the powers of the city, of the city council, executive officers, elections, legislative powers of city council, of the mayor, proceedings in special cases, and miscellaneous provisions, shall be the rule by which the corporate authorities of any city incorporated under the provisions of this act shall be governed: Provided, no city incorporated under this act shall be exempt from the payment of a county tax, nor be required to support the paupers.

§ 7. The boundaries of any city incorporated under this act may Boundaries. include one mile square, and any tract of land adjoining laid off into town lots and duly recorded as required by law, and any tract of land adjoining said city, with the consent of the owner thereof, within the limits of one-half mile from the boundary of said city. § 8. The inhabitants of any town or city, in the corporate name, May may purchase, receive, and hold real estate beyond the limits as ground. [of] the corporate limits for the purpose of burying grounds.

9. Whenever the corporate authorities of any town or city may wish to have the taxes, authorized to be levied under and by vir- Taxes. tue of their respective charters, or under the general act, upon filing a certificate of the rate authorized under the authority of the said corporation, in the office of the clerk of the county court, it shall be the duty of the collector of taxes for the state and county to collect the taxes for said town or city upon the assessment of the value of all the property within the limits of said corporation, as ascertained by the assessment for state and county purposes, and enforce the payment thereof in the same manner, and with all the rights, power and authority as he has to collect state and county taxes, and shall pay the same over to the order of the corporate authorities, at the same time he is required to pay over the county revenue, and the court of the proper county shall render judgment and ordèr sale of any lot or tract for the non-payment of the tax and cost due said town or city, as is or may be provided for state and county taxes; and judgment and sale shall be rendered for the aggregate amount due for county, state and town, or city taxes. The collector shall receive the same compensation for collecting the taxes for any town or city as is allowed for the collection of the state and county revenue; to be paid out of the funds of the corporation, and he shall be liable on his bond for the faithful performance of the duties required under this act.

§ 10. This act to take effect from and after its passage. APPROVED February 10, 1849.

purchase

Inhabitants corporated.

Boundary.

in

Election of trustees.

Qualification of trustees.

Qualification voters.

Trustees meet.

Powers.

of

AN ACT to incorporate the town of Waterloo, in Monroe county.

SECTION 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, That the inhabitants and residents in the town of Waterloo, in Monroe county, are hereby made a body corporate and politic, in law and in fact, by the name and style of the "President and Board of Trustees of the town of Waterloo," and by that name shall have perpetual succession, and a common seal, which they may alter at pleasure, and in whom the government of the corporation shall be vested, and by whom its affairs shall be managed.

§ 2. The boundary of said corporation shall include all that tract of land included within the limits of the northeast fractional quarter of section number twenty-five, in town two south, of range ten, west of the third principal meridian.

§3. That there shall, on the first Monday of May next, be elected five trustees, and on every first Monday of September thereafter, who shall hold their offices for one year, and until their successors are duly elected and qualified, and public notice of the time and place of holding said election shall be given by the president and trustees, by an advertisement published in a newspaper in said town, or posting it up in at least four of the most public places in said town. No person shall be a trustee of said town who has not arrived at the age of twenty-one years, and who has not resided in said town six months next preceding his election, and who is not, at the time thereof, a bona fide freeholder; and, moreover, who has not paid a tax. And all free white male inhabitants over twentyone years of age, who have resided in said town three months next preceding an election, shall be entitled to vote for trustees. And shall the said trustees shall, at their first meeting, proceed to elect one of their body president, and shall have power to fill all vacancies in said board, which may be occasioned by death, resignation, or removal, or six months absence from the town, and to appoint a clerk, an assessor, a treasurer, a street inspector and a town constable, to give bond and security in such amount as the trustees may require; and the said town constable shall take an oath, or affirm before some justice of the peace, that he will faithfully discharge the duties of said office; and it shall be his duty to collect all fines, and serve all processes, at the suit of the corporation; and to do such other matters and things pertaining to the office as may be required of him by the ordinances and by-laws of said corporation.

Powers of corporation.

§ 4. The said corporation is hereby made capable in law to take and hold to themselves and their successors any lands, tenements, hereditaments, and the rents, issues, and profits thereof, which may be neccessary for the erection of any public school house in said town, market house, or other public buildings, to promote the interests and public good of the citizens of said town, and the same to sell, grant, and dispose of, if necessary. They shall also have power to regulate, to grade, pave, and improve the streets, lanes and alleys within the limits of said town and corporation, and to extend, open and widen the same, making the persons injured thereby adequate compensation. To ascertain which the board shall cause to be summoned six good and lawful men, freeholders, and inhabitants of said town, not directly interested, who, being first duly sworn for that purpose, shall inquire into and take into considera

tion as well as the benefits as the injury which may accrue, and estimate and assess the damages which would be sustained by reason of the opening, extending, or widening of any street, avenue, lane or alley; and shall, moreover, estimate the amount which other persons will be benefitted thereby, and shall contribute towards compensating the person injured. All of which shall be returned to the board of trustees, under their hands and seals, and the persons who shall be benefitted, and so assessed, shall pay the same in such manner as shall be provided, and the residue, if any, shall be paid out of the town treasury; and said corporation shall have power to sue and be sued, plead, answer and be answered, in any court whatever.

board of

tees.

trus

§ 5. The trustees aforesaid, and their successors, or a majority Rules and reguof them, shall have full power and authority to ordain and establish lations of the such rules and regulations for their government and direction, and for the transaction of the business and concerns of the corporation, as they may deem expedient; and to ordain and establish and put into execution such by-laws, ordinances and regulations as shall seem necessary for the government of said corporation, and for the management, control, disposition and application of its corporate property; and generally to do and execute, all and singular, such acts, matters and things which to them may seem necessary to do, and not contrary to the laws and constitution of this state.

§ 6. The said trustees shall have power to levy and collect a Fees. tax, not exceeding one-half of one per cent., on all lots and improvements and personal property lying and being within the incorporate limits of said town, according to valuation; to tax public shows and houses of public entertainment, taverns, stores and groceries, for the purpose of making and improving the streets and keeping them in repair, and for the purpose of erecting such buildings and other works of public utility as the interest and convenience of the inhabitants of said town may require, and the circumstances render proper and expedient; and said trustees may adopt such modes and means for the assessment and collection of taxes as they may from time to time fix upon and determine; and to prescribe the manner of selling property, when the tax levied upon it is not paid: Provided, no sale of any town lots or other real estate shall be måde until public notice of the time and place shall be given by advertisement in the newspapers, or at four of the most public places in said town, at least fifteen days previous thereto: Provided, Proviso. that in conducting such sale, the provisions of the act concerning public revenue, so far as the same may be applicable, shall be complied with.

power

§ 7. That the trustees of said town, or a majority of them, shall Further have power to preserve good order and harmony in said town; to of trustees. punish for open indecency, breaches of the peace, gambling, gaming houses, horse racing, shooting, and all disorderly houses and riotous meetings; to remove obstructions in the streets and public ways, and all nuisances-for which purpose they may make such by-laws and ordinances as to them may seem expedient, and not inconsistent with any public law of this state, and impose fines for the breach thereof; which fines shall be recoverable before any justice of the peace residing in said town. And all suits and judicial proceedings under this act shall be brought in the name and style of the "President and Trustees of the Town of Waterloo."