In force Jan.[January] 31, 1835.
AN ACT further defining the Powers and Duties of Trustees of Incorporated Towns.
1President and trustees may appoint town constable.
His duty.
Shall give bond.
Further powers vested in president and trustees.
Punishment of offenders.
Proviso.
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the president and trustees of towns which have or may become incorporated, in
conformity with the provisions of the act entitled “An act to incorporate the inhabitants
of such towns as may wish to be incorporated,” approved, 12th of February, 1831,2 are hereby vested with power to appoint a town constable, and authorize him to execute
all writs, process and precepts which may be issued against persons for the
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violation of the laws of the corporation, and to arrest, on view, all persons who
may violate such laws, and to collect all fines, forfeitures, and penalties which
may be assessed or recovered for the use of the corporation, and to require bond and security of said constable in such sum as they may think proper.3 The said president and trustees are also vested with power to declare what shall be considered a nuisance within the limits
of the corporation, and to provide for the abatement or removal thereof; also, to
regulate the speed which horses and other animals may be rode or driven within the
limits of the corporation; to provide for the trial and punishment of persons who
may be engaged in assaults, assaults and batteries, and affrays within the limits
of the corporation, and to provide that such punishment may be inflicted for any offence against the laws
of the corporation, as is or may be provided by law for like offences against the
laws of the State: Provided, That no person shall be deprived of the right of trial by jury in any case, when such
person would be entitled to a trial by a jury for a like offence against the law of
the State.
Punishment by imprisonment.
Sec. 2. The president and trustees as aforesaid, are further authorized to provide for the
punishment of offenders by imprisonment in the county jails, in all cases where such
offenders shall fail or refuse to pay fines which may be assessed, or for forfeitures
or penalties which may be recovered: Provided, That no person shall be imprisoned under the provisions of this section, for a longer
period than twelve hours for every five dollars of any fine assessed, or forfeiture
or penalty recovered.
Powers conferred in trustees.
Sec. 3. The said president and trustees are also authorized to adopt such laws for the security
of wagons and other cariages which may be used within the limits of the corporation, and for the protection of
the inhabitants against injury by reason of horses or other animals fastened to such
wagons or carriages running with the same, as they may deem necessary; also, to provide
for the punishment of persons who may at any time, disturb the peace of the inhabitants
of the town, or the deliberations or proceedings of any public meeting of such inhabitants.
To regulate fees, &c.[etc]
Sec. 4. The said president and trustees shall also have power to regulate the fees and compensation
of all officers of the corporation.
This act shall take effect from and after its passage.
Approved, Jan. 31, 1835.
1William Thomas introduced SB 37 in the Senate on December 30, 1834. On December 31, the Senate voted not to engross the bill or
read it a third time. The Senate re-considered that vote and referred the bill to
a select committee. On January 7, 1835, the Senate amended the bill by inserting
after the word “corporation” in the first section the words, “and to request bond
and security of such constable, in such sum as they may think proper.” The Senate
then tabled the bill and amendment. The Senate took up the bill on January 20 and
passed it as amended. On January 22, the House of Representatives referred the bill to the Committee on Petitions. The Committee on Petitions reported
back the bill on January 23 without amendment. The House passed the bill on January
24. On January 31, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives of the Ninth General Assembly of the State
of Illinois, at their First Session, Begun and Held in the Town of Vandalia, December
1, 1834 (Vandalia, IL: J. Y. Sawyer, 1835), 341, 351-52, 365, 377, 452, 460, 461; Journal of the Senate, of the Ninth General Assembly of the State of Illinois, at
their First Session, Begun and Held in the Town of Vandalia, December 1, 1834 (Vandalia, IL: J. W. Sawyer, 1835), 157, 160, 201, 286, 326, 383, 390.
2Sections five and six delineated the powers and duties of town presidents and trustees.
“An Act to Incorporate the Inhabitants of Such Towns as May Wish to be Incorporated,”
12 February 1831, The Laws of Illinois, Passed at Seventh General Assembly (Vandalia, IL: Robert Blackwell, 1831), 84-85.
3On January 7, 1835, the Senate amended the bill by inserting after the word “corporation” the words “and to request bond and security
of such constable in such sum as they may think proper.”
Journal of the Senate, of the Ninth General Assembly of the State of Illinois, at
their First Session, Begun and Held in the Town of Vandalia, December 1, 1834 (Vandalia, IL: J. W. Sawyer, 1835), 201.
Printed Document, 2 page(s), Laws of the State of Illinois, Passed by the Ninth General Assembly, at their First Session (Vandalia, IL:
J. Y. Sawyer, 1835), 175-76, GA Session: 9-1