Sec[Section] 1st 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 Mount Carmel in Wabash 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 Mount Carmel, and by that name shall have perpetual succession and a common seal which they may
alter at pleasure, and in whom the Government of said corporation shall be vested, and by whom, its affairs shall be managed.
Sec. 2
Be it further enacted, that the boundary of the said corporation be and the same is hereby declared to extend to the prescribed limits of the town
plat as recorded in wabash county, and that the jurisdiction of said corporation in both civil and criminal cases, arising under this act is hereby declared to be coextensive with the limits of the town aforesaid, and to extend to the the river in front of said town, as far as the jurisdiction of the state extends, Provided, however that in civil cases, no act of said corporation shall impair the individual reserved rights near the bank of the river.
Sec 3.
Be it further enacted that the present trustees shall continue in office until the
first monday in may next, and until their successors are duly elected and qualified,
and forever thereafter an election shall be holden
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on the first monday ^of May^ annually for seven trustees, to hold their office one year and until their successors
are 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 news paper in said town or posting them up in at least four 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, who has not resided in said town twelve months next preceding this electon and who is not at the time thereof a bonafide freeholder, and moreover who has not paid a corporation tax, And all free white
male inhabitants over twenty one years of age, who have resided in said town six months
next preceeding an election, and who are subject to pay a corporation tax, shall be entitled to vote
for trustees, and the same trustees shall at their first meeting, proceed to elect
one of their body president, and shall have power to have fill all vacancies in said board which may be occasioned by death resignation or
six months absence from said town, and to appoint a clerk[,] an assessor, a treasurer and a town constable, to give bond in such amount as the
trustees may require, and the said town constable shall take an oath of office before some Justice of the peace, and it shall
be his duty to collect all fines and serve all process 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
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ordinances and by-laws of said corporation.
Sec. 4.
Be it further enacted, That 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 necessary for the erection of any market house and other public buildings as
may be necessary to promote the interest and public good of the citizens of said town, and the same to sell, grant, and dispose of if necessary, and to sue and be sued
plead, and be impleaded, answer and be answered in any court whatsoever; and that
all ^acts^ sales or deeds heretofore made or granted by the bard of trustees by and under the sanction and provisions of the ^former^ acts of incorporation are hereby confirmed.
Sec 5
Be it further enacted, That the trustees aforesaid and their successors, or a majority
of them shall have full power and authority, to ordain and establish 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[,] controul[,] disposition and
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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.
Sec 6.
Be it further enacted, That the said trustees shall have power to levy and collect
a tax not exceeding one per cent on lots exclusive of improvements, and personal property
in said town according to valuation, to tax public shows[,] houses of public entertainment, taverns, Groceries and stores, for the purpose of
making and improving its streets and keeping them in repair, and for 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 may 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 ^18^paid, provided however, that all property both real and personal shall be free from county tax.
provided also that no persons property shall be sold for the nonpayment of a tax levied
upon it, until such person shall be requested to pay the tax, unless he be a nonresident
of the town and county, nor shall
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any sale be made until public notice of the time and place shall have been given by
advertisement in the news paper, or at four public places at least fifteen days previous thereto.
Sec 7.
Be it further enacted, That the trustees of said town or a majority of them shall have power to preserve good order and harmony in said
town, to punish open indecenc[,]y breaches of the peace, gambling, gaming houses, horserunning racing[,] shooting, and all disorde^r^ly 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 inconsistant 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 board of trustees of the town of Mount Carmel.
Sec 8.
That all lots of land or parcel of ground1 in said town, termed or called donation lots, which have been conveyed by the original proprietors
thereof or other person to the inhabitants of said town in their aggregate capacity, or to any person or persons in trust for them or for
their use and benefit, and all funds raised or to be raised by the sale
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of donation lots or otherwise, whether for the erection of school houses, accademies or places of public worship are hereby declared to belong to, and to be vested in
said corporation, and shall be under the management and direction of the trustees aforesaid ^and their successors^ and applied in furtherence of the objects intended by the proprietors or donors thereof.
Sec 9.
That the trustees may by themselves or an agent to be by them appointed settle, adjust,
transact and finish all business, matters, and things growing out of, and pertaining
to any articles of association heretofore entered into, by and between the original
proprietors or said town or any agent for them, and the inhabitants or purchasers of lots therein, or any
person in trust for them, and when thus done and performed said articles so far as
they affect said corporation shall altogether cease and be void.
Sec. 10.
That it shall be the duty of any Justice of the peace residing in said town, and he is hereby authorised and empowered, on complaint being made to him on oath of the violations of any law
or ordinance of said corporation, to issue his warrant directed to the town constable, or any authorised county officer, to apprehend the offendor or offendors forthwith before him, and after hearing the evidence, if it shall appear that the
said accused has been guilty of the violation of any such law or ordinance of the
corporation, to impose such fine or imprisonment as shall be pointed
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out in such law or ordinance, Provided such fine shall not exceed fifty dollars; and
imprisonment not exceeding fifteen days, Provided however that writs of certiorari and appeals shall be granted from judgments under this act as in other civil cases;
and in all criminal cases the defendant shall be entitled to an appeal to the circuit
court by entering into bond, or recognizance as the case may require, before the justice
of the peace within twenty days after the rendition of the judgment with such securities
and in such an amount as the justice may think right and proper.
Sec 11.
That when any town lots or real estate shall be sold for taxes by virtue of this act, the same may be
redeemed at any time within two years from the date of such sale, by the owner of
said property or his or her agent executor or administrator paying to the treasurer
of said town for the use of the purchaser of said property, the full amount of purchase money
with interest at the rate of twenty five percent per annum together with the costs accruing thereon.
Sec 12.
That the ^all^ ordinances of said trustees shall be fairly written out signed by the clerk and published
in a news paper printed in the town, or posted up at three of the most public places in said town, and no ordinance shall be in force until published as aforesaid.
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Sec. 13.
That justices of the peace and constables who are required to give securities ^render services^ under this act, shall be entitled to the same fees, and collect them in the same
^manner^ as now is, or hereafter may be provided by law.
Sec 14.
That the president or any two of the trustees shall have power to call a meeting of
the board by giving one days previous notice thereof, and a majority shall constitute
a quorum to do business but a minority shall have power to adjourn from time to time
and compel the attendance of absent members. And in the event that the notice of an
election is not given as required in this act, or from any other cause, that an annual
election should not be holden at the proper time, it shall be lawful for the late
clerk of the board or any two qualified voters in said town, at any time thereafter to give notice as aforesaid, of the time and place of holding
a special election, and the trustees elected at such special election, shall have
all the power confered by this act. All acts and parts of acts coming within the provisions of this act,
are hereby repealed. This act shall take effect from and after its passage.
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[ docketing
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[01]/[09]/[1835]
[01]/[09]/[1835]
Engrossed
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[01]/[14]/[1835]
[01]/[14]/[1835]
Com on Judiciary
Mr Ewing
Mr Ewing
Handwritten Document, 10 page(s), Folder 58, HB 72, GA Session: 9-1,
Illinois State Archives (Springfield, IL) ,