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 Galena Jo Daviess County, are hereby constituted a body corporate and politic by the name and style of the
“President and Trustees of the town of Galena,” and by that name they, and their successors shall be known in law, have perpetual
succession, sue and be sued, plead and be impleaded, defend and be defended in courts
of law and equity, and in all matters and actions whatsoever; may grant, purchase[,] and receive and hold property real and personal within the limits of Said town, and may sell and dispose of the same; and may do all other acts as natural persons,
may have a common seal, and break and alter the same at pleasure.
Sec 2. The boundaries and jurisdiction of said corporation are hereby declared to be coextensive with the town of Galena, as laid out, and to be laid out, by the commissioners appointed by the General Government
under the act of Congress, dated1836.
Sec 3. The corporate powers and duties of said town shall be vested in seven trustees, to be chosen and appointed as hereinafter directed;
who shall constitute a board for the transaction of business; and all suits and judicial
proceedings shall be in the name and style of the President and trustees of the town
of Galena.
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Sec 4. The members composing the board of trustees shall be elected annually on the first monday of April; and no person who has not arrived at the age of twenty five years, been a resident of the town, at least twelve months next preceeding the election, and at the time of his election a bona fide freeholder within the limits of the corporation shall be eligible to the office of trustee. And all free white male inhabitants (Aliens excepted) over the age of twenty one years, who have resided within thetown limits three months next preceeding the election, and subject to pay a corporation tax shall be a qualified voters for trustees |
or any other town officer.
Sec 5. That the members of the board of trustees (and every officer of said corporation) shall, before entering on the duties of their office, take an oath or affirmation
before some judge or justice of the peace, to support the constitution of the United
States, and of this State, and faithfully to demean themselves in office. They shall elect a president from
among their body, and appoint one street commissioner, one treasurer, one assessor,
one collector, one town surveyor, one inspector and measurer of wood and coal, one
inspector and measurer of lumber, one market inspector, and one inspector of flour,
lard[,] and butter; Also one or more town constables, who shall possess the same powers,
and perform the same duties, within their corporate limits, as the constables
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in the different counties possess and perform, and who shall be allowed, in addition
to the present compensation, or fees, allowed constables, fifty per cent thereon; All officers of the corporation to be appointed annually.
Sec 6. The trustees, thus elected and qualified, shall be ^the^ judges of the qualifications, elections[,] and returns of their own members, a majority of whom shall constitute a board to
do business; but a minority may adjourn from day to day, may compel the attendance
of absent members, in such manner, and under such penalties as the board may provide.
Sec 7. The trustees may determine the rate of proceeding, and make such other rules and
regulations for their own government as to them may seem proper and expedient; and
require of all officers of the corporation penal bonds for the faithful discharge of their several duties, may divide the town into wards or districts, and in all cases they shall be required to give at least
twenty days notice previous to holding an election for any officer of the corporation.
Sec 8. The board of trustees shall have power, by ordinance, to levy and collect taxes
upon ^all^ real and personal property, within the corporation, not exceeding one half of one per centum upon the assessed value thereof, (except the wearing apparel, and the necessary tools
and implements of any person used in carrying on his trade) to make regulations to
prevent
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the introduction of contagious diseases, to make quarantine laws for that purpose,
and enforce the same within six miles of said town and within the jurisdiction of the State, to make regulations to secure the general health of the inhabitants, to establish
night watches and patrols, to improve and preserve the navigation of Fever River within the corporation, to erect, repair[,] and regulate public wharves, to regulate the rates of wharfage, the stationing, anchorage[,] and mooring of vessels; to provide for licensing, taxing[,] and regulating of merchants, auctions, grociries, retailers, pedlars, taverns, ordinaries, and houses of entertainment, hackney carriages, wagons, carts,
drays, theatrical and other shows; to restrain and prohibit tipling houses, gaming houses, baudy houses, and other disorderly houses; to provide for the inspection of lumber, and
other building materials to be sold and used therein; to regulate the inspection of
wood, coal, flour, lard, and butter; to regulate, and order partition and parapet
walls, and partition fences; to regulate the storage of all combustible materials,
such as gun powder, tar, pitch, rosin, hemp, and cotton; to sink wells, and erect
pumps for public convenience; to impose fines, and forfeitures, and provide for the
collection thereof (Provided no fine or forfeiture shall be less than one dollar,
nor more than one hundred); to regulate and fix the compensation of all officers
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of the corporation; they shall have power to regulate, pave, grade, and improve the streets, avenues,
lanes, and alleys within the corporation, and to extend, open[,] and widen the same, making the person or persons injured thereby adequate compensation,
to ascertain which the trustees shall cause to be summoned twelve good and lawful
men free holders and residents of said town, not directly interested, who being first duly sworn for that purpose, shall enquire
into, and take into consideration, as well the benefits as the injury which may accrue
and estimate and assess the damages.
Sec 9. That, upon the application of the owners of two thirds of the front of the lots
on any street, or parts of a street, it shall be lawful for the board of trustees
to levy and collect a special tax on the ^owners^ of the lots on said street, or parts of a street according to their respective fronts,
for the purpose of grading and paving the side walks on said streets, and upon a similar
application, to levy and collect a tax in the same manner, for the purpose of erecting
lamps and lighting the same.
Sec 10. That when any real estate in said town of Galena shall have been sold by the authority of the corporation thereof, the same shall be subject to redemption in the same manner as is provided
by the authority of this state for the redemption of lands sold for taxes.
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Sec 11. 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 insaid town; and no ordinance shall be in force until published as aforesaid.
Sec 12. The trustees aforesaid shall have power to preserve good order, to punish by
fine any open indecency, breaches of the peace, horse racing, shooting[.] or riotous meeting, obstructing the streets and public highways.
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Sec 13. 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 violation of any law or ordinance of said corporation to issue his warrant, directed to the town constable, or in case of his absence, to any authorised 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 viola- tion of any such law or ordinance of the corpo- ration, to impose such fine or imprisonment as shall be pointed out in such law or ordinance Provided such fine shall not exceed one hundred dollars and imprisonment exceed ten days; Provided however, that writs of certiorari and |
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appeals shall be granted from judgments under this act as in other civil cases; And in all cases under this act the defendant shall be entitled to an appeal to the circuit Court by entering into bond, or recogn izance 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: And provided further, should any of the powers herein confered interfere with private rights growing out of former grants by the legis- lature, or County Commissioners Court of said County, the same to be nugatory and void. Sec 14. The present trustees, and other officers |
of the Corporation of the town of Galena, shall continue in office until those provided for by this act shall have been elected,
appointed and qualified.
[ certification
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12/31/1836
12/31/1836
Bush, Daniel B.
B Passed
Decr 31. 1836
D. B.
Bush asst Secy[assistant Secretary]Decr 31. 1836
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29.
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3
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[12]/[21]/[1836]
[12]/[21]/[1836]
2
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[12]/[31]/[1836]
[12]/[31]/[1836]
3
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[12]/[30]/[1836]
[12]/[30]/[1836]
Engrossed
Handwritten Document, 8 page(s), Folder 274, SB 11, GA Session 10-1, Illinois State Archives (Springfield, IL) ,