In force Jan.[January] 31, 1835.
Sec. [Section]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
<Page 2>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.
Limits of corporation defined.
Sec. 2. 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 is hereby declared to be co-extensive with the limits of the town aforesaid, and to extend to 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.
Elections of trustees held annually.
Sec. 3. 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 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 newspaper in said town, or posting them 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, who has not resided in said town twelve months next preceding his election, and who is not at the time thereof, a bona fide 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 preceding an election, and who are subject to pay a corporation tax, shall be entitled to vote for trustees; and 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 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 ordinances and by-laws of said corporation.
May hold real estate.
Sec. 4. That the said corporation is hereby made capa-
<Page 3>ble in law, to take, and hold 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 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 whatever; and that all acts, sales or deeds, heretofore made or granted by the board of trustees, by and under the sanctions and provisions of the former acts of incorporation, are hereby confirmed.
Duties and powers of trustees.
Sec. 5. 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 deem 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.
Further duties and powers.
Sec. 6. 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, and houses of public entertainment, taverns, groceries and stores, for the purpose of making and improving its 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, however, no sale of any town lots or other real property, shall be made, until public notice of the time and place shall be given, by advertisement, in the newspapers, or at four public places, at least fifteen days previous thereto.
Sec. 7. 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 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 nuisan-
<Page 4>ces; 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 board of trustees of the town of Mount Carmel.
Certain donations vested in said trustees.
Sec. 8. That all lots of land or parcels of ground in said town, termed or called donation lots, which have been conveyed by the original proprietors thereof, or other persons, 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 of donation lots, or otherwise, whether for the erection of school houses, academies, 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 furtherance of the objects intended by the proprietors or donors thereof.
May adjust certain articles of association.
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 of 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 effect said corporation, shall altogether cease and be void.
Duties of justices of peace in relation to offenders.
Sec. 10. That it shall be the duty of any justice of the peace residing in said town, and he is hereby authorized and empowered, on complaint being made to him on oath of the violation of any law or ordinance of said corporation, to issue his warrant, directed to the town constable, or any authorized county officer, 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 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 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
<Page 5>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.
Lots sold for taxes, subject to redemption.
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 per cent. per annum, together with the costs accruing thereon.
Sec. 12. That all ordinances of said trustees, shall be fairly written out, signed by the clerk, and published in a newspaper 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.
Fees of justices and constables.
Sec. 13. That justices of the peace, and constables, who are required to 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.
President may call meeting of the board.
Sec. 14. That the president, or any two of the trustees, shall have power to call a meeting of the board, by giving one day’s 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 powers conferred 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.
Approved, Jan. 31, 1835.
1On January 3, 1835, Orlando B. Ficklin in the House of Representatives presented the petition of sundry citizens of Wabash County, requesting the passage of an act to incorporate Mount Carmel. The House referred the petition to the Committee on Petitions. In response to this petition, John T. Stuart from the Committee on Petitions introduced HB 72 in the House on January 5. On January 6, the House referred the bill to a select committee. The select committee reported back the bill on January 9 with a substitute, in which the House concurred. The House passed the bill as substituted on January 12. On January 14, the Senate referred the bill to the Committee on the Judiciary. The Committee on the Judiciary reported back the bill on January 22 with amendments, in which the Senate concurred. The Senate passed the bill as amended. On January 26, the House concurred in the Senate’s first, second, third, and fifth amendments, but rejected the fourth amendment. On January 27, the Senate receded from its fourth amendment to the bill. On January 31, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 1st sess., 206, 211, 236, 258, 273-74, 357, 383, 411, 451, 459, 460; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 226, 252, 304, 332, 346, 383, 390.
Printed Document, 5 page(s), Laws of the State of Illinois, Passed by the Ninth General Assembly, at their First Session (Vandalia, IL: J. Y. Sawyer, 1835), 210-14, GA Session: 9-1