In foree Feb.[February] 15, 1837.
AN ACT to change the corporate powers of the town of Galena.
1Town of Galena incorporated.
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.
Boundaries.
Sec. 2. The boundaries and jurisdiction of said corporation, are hereby declared to be co-extensive with the town of Galena, as laid out and to be laid out by the commissioners appointed by the General Goverenment, under the act of Congress, dated 1836.2
Governed by seven trustees.
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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To be elected annually on the first Monday of April.
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 one years,
been a resident of the town at least twelve months next preceding the election, and at the time of his election
a bona fide free-holder within the limits of the corporation, shall be eligible to the office of trustee; and all free white male citizens over
the age of twenty-one years, who have resided within the town limits three months
next preceding the election shall be qualified voters for trustees or any other town
officer.
Shall take an oath.
Elect a president and treasurer.
And town constable.
Fees allowed.
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 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.
Lay off wards or districts
Sec. 7. The trustees may determine the rule 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.
Levy taxes.
Make quarantine laws.
Establish night watches.
Erect wharves.
Licence auctions, groceries, &c.[etc]
Theatrical and other shows.
Impose fines, &c.
Fix compensation.
Grade and pave streets.
Make compensation for damages.
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
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the wearing apparel, and the necessary tolls and implements of any person used in
carrying on his trade;) to make regulations to prevent the introduction of contagious diseases; to make quarentine 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 wharves; to regulate the rates of wharfage, the stationing,
anchorage, and mooring of vessels; to provide for licencing, taxing, and regulating of merchants, auctions, groceries, 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, bawdy 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 gunpowder, 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 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, freeholders 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.
Lay special tax.
Sec. 9. That upon 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 street, 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. 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
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same manner as is provided by the authority of this State for the redemption of lands sold for taxes.
Ordinances shall be published.
Sec. 11. 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.
Sec. 12. The trustees aforesaid shall have power to preserve good order, to punish by
fine any open indency, breaches of the peace, horse racing, shooting or riotous meetings, obstructing the
streets and public highways.
Offenders shall be fined or imprisoned.
Appeals granted.
By giving bond
Sec. 13. 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 in case of his absence to
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 one hundred dollars, and imprisonment exceed ten 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 cases under this act, 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 clerk
of the circuit court of Jo Daviess county, within twenty days after the rendition of the judgment, with such securities and
in such an amount, as the clerk may think right and proper: And provided further, should any of the power herein conferred interfere with private rights growing out
of former grants by the Legislature or county commissioners’ courts 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.
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02/26/1837
Secretary of State.
02/26/1837
This bill having remained with the council of revision ten days, (Sunday excepted) and the General Asssembly being in session, it has become a law, this 26th February 1837.
A. P. FIELD,Secretary of State.
1On December 20, 1836, Augustus G. S. Wight introduced SB 11 in the Senate. On December 21, the Senate referred the bill and a proposed amendment to the Committee
on the Judiciary. The Committee on the Judiciary reported back the bill on December
30 with amendments, in which the Senate concurred. On December 31, the Senate passed
the bill as amended. On January 17, 1837, the House of Representatives referred the bill to a select committee. The select committee reported back the bill
on January 21 with several amendments, in which the House concurred. The House passed
the bill as amended. On January 26, the Senate concurred in the House amendments.
On February 26, after remaining with the Council of Revision for ten days, the bill became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 156, 159-60, 229, 285, 318, 391, 446, 450; Illinois
Senate Journal. 1836. 10th G. A., 1st sess., 82, 86, 126, 133, 277, 297-298, 330, 335.
Printed Document, 4 page(s), Incorporation Laws of the State of Illinois, Passed at a Session of the General Assembly (Vandalia, IL: William Walters, 1837), 16-19, GA Session: 10-1