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Sec[Section] 1 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 New Haven in the Counties of Gallatin and White are hereby made a body corporate and politick in law, and in fact by the name and Style of “The President and board of trustees
of the Town of New Haven,” and by that name shall have perpetual Succession, and a common seal, which they
may after at pleasure, and in whom the Government of Said corporation shall be vested, and by whom its affairs Shall be managed.
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 ^or laid off into Town Lots^ in the Said Counties of Gallatin and White, 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 all and every part of the Same.
Sec 3 An election shall be holden on the first monday in May next, and annually thereafter;
for three Trustees, who shall hold their office for one year, and untill their successors are qualified, previous public notice having been given preparatory
to any such election, by the publication in a news-paper in said Town or by written notices at least four in number posted up in the most public places
within the limits of said Town; and ever after the like notice shall be given preparatory to any such
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election, by the President and Trustees of said Town for at least two weeks immediately preceding the time of such election.
Sec 4 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 the age of twenty one years, who have resided in Said Town six months next preceding the election, and who are subject to pay a corporation
tax, Shall be entitled to vote for Trustee. 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 abscence 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 ordinance and by-laws of said corporation.
Sec 5 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
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market house and 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, and to sue and be sued,
plead, and be impleaded, answer, and be answered, in any court whatever.
Sec 6 That the Trustees aforesaid, and their successors, or a majority of them, shall
have full power and uthority, to ordain and establish such rules and regulations for their government and direction,
and for the transaction of the business and concers of the corporation, as they may deem expedient, and to ordain, and establish, and put into execution,
such bye-laws, ordinances and regulations, as shall seem necessary for the government of said corporation, and for the management, controul, 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.
Sec 7 That said Trustees shall have power to levy 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 entertainment, taverns,
groceries, and stores, for the purpose of making and improving the streets of Said
Town, and keeping them in repair, and for the purpose of erecting such buildings and
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other needful works and objects, 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 and establish, and shall prescribe the manner of selling
property when the tax levied upon it, Shall not be paid; Provided, however, no sale
of any town lot, or lots, or other real property, shall be made, untill public notice of the time and place, shall be given, by advertisement, in the news paper of said Town, or by posting up notices to that effect at four of the most public places within
the limits of said Town, at least fifteen days previous thereto.
Sec 8 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, gamblin, gaming house, and all disorderly houses, and riotous meetings, to remove obstructions
in the Streets, and public ways, and all nuisances, for which they may make such bye
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 judical proceedings under, this act, shall be brought in the
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name and style of “The President and board of Trustees of the Town of New Haven.
Sec 9 That it shall be the duty of an 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 violation of any law
or ordinance of said corporation, to issue his warrant, directed to the town constable, any sheriff or constable of
Gallatin County, to apprehend the offender, and bring him, her, or them, frothwith before him, and after hearing the evidence, if it shall appear that the said accused
had been guilty of the violation of any such law, or ordinance of the corporation, to impose such fine or imprisionment as Shall be prescribed in such law or ordinance; Provided Such fine Shall not exceed
fifty dollars, and imprisionment not exceed five days; Provided, however, that writs of certiorari from, and appeals to the Circuit Court for Gallatin County 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 ^said^ 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 judgment with Securities, and
in such an amount as the Justice may think right, and proper.
Sec 10 That all the district of country included within the limits of the said Town of
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New Haven in the Counties of Gallatin and White, be and the same is hereby constituted, and
declared to be a district for the election of a Justice of the peace and Constable,
whose official powers and jurisdictions Shall be co-extensive with the limits of said
Town, whether in the one county or the other, and with the limits of said County of Gallatin.
Sec 11 That the County Commissioners Court of the County of Gallatin, shall and is2 hereby authorised, and required to cause an election to be held on the first day of April next, or
as soon thereafter as practicable, and at each quadrennial election thereafter for
one justice [of] the peace and one constable in Said district or [?] limits. The officers elected at the special election in April next shall their offices
untill the next general election for Justices of the peace and Constables; at which time
their successors shall be elected as in other cases, and the persons so elected, Shall
have and exercise the same jurisdiction hold their offices by the same tenure and
for the same term, except as herein before [?] and be under the same regulations in all respects as the Justices of the peace and
Constable of this State Provided always, It shall be the right and privilege of all the qualified voters
resident within the limits of Said Town, whether in Gallatin or White Counties to vote for said Justice of the Peace and Constable, at every election any
law of this State to the contrary notwithstanding.
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Sec 12 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, at the time of sale, or his, or her agent, executor,
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 the rate of twenty per, cent, per annum, together with the costs accruing thereon.
Sec 13 That 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 untill published a aforesaid.
Sec 14 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.
Sec 15 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 majority 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 by this act, or from any other cause, 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
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election, shall have all the powers confered by this act in respect to such Trustees.
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No 224
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[02]/[23]/[1837]
[02]/[23]/[1837]
Read 2d time & Laid on table
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[02]/[10]/[1837]
[02]/[10]/[1837]
Engrossed
1On February 4, 1837, John A. McClernand in the House of Representatives presented the petition of inhabitants of New Haven, requesting incorporation. The House referred the petition to a select committee.
In response to this petition, McClernand of the aforesaid select committee introduced
HB 217 in the House on February 9. The House referred the bill to a select committee.
The select committee reported back the bill on February 10 with amendments, in which
the House concurred. The House passed the bill as amended on February 18. On February
23, the Senate tabled the bill.
Illinois House Journal. 1836. 10th G. A., 1st sess., 477, 534, 549, 640; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 463-64, 504.
Handwritten Document, 8 page(s), Folder 203, HB 217, GA Session 10-1, Illinois State Archives (Springfield, IL) ,