An act to incorporate the Town of Carlinville
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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 Carlinville in Macoupin county, are hereby made a body corporate and politic in law, and in fact, by the name and
Style of the “The President and board of Trustees of the Town of Carlinville” and by that name Shall have perpetual Succession, and a common seal which they may
alter at pleasure, and in whom the government of the corporation shall be vested and
by whom its affairs shall be managed.
Sect[Section] 2. That the boundary of the said corporation be and the same is hereby declared
to extend a half mile North, East, and West, from the ^center of the ^ Public Square and South to the pro^e^scribed limits of the Town plat, and recorded in the county of Macoupin.
Sec. 3. That the present Trustees Shall continue in office untill the first monday in February next and untill their successors are duly elected and qualified, and forever thereafter an Election
shall be holden on the first monday of May annually for Five Trustees to hold their office one Year and untill 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 it 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 ^over^
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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, 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 removal or six months absence from the Town, and to appoint a clerk, an Assessor a Treasurer, a street Inspector and a Town Constable
to give bond and Security in such amount as the Trustees may require and the said
Town Constable shall take an oath or affirm before some Justice of the Peace that
he will faithfully discharge the duties of said office, and it shall be his duty to
collect all fines, and serve all processes 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 bylaws of said corporationSec 4. 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 ercetion of any market House or 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. They shall also have power
to regulate
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to grade pave and improve the Streets Lanes and Alleys within the limits of said
Town and Corporation and to extend open and widen the same making the persons injured
thereby adequate compensation. to ascertain which, the board shall cause to be Summoned
Twelve good and lawful men, free holders and inhabitants 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 which would be sustained by reason of ^the^ opening, extension widening of any Street, avenue, lane, or alley and shall moreover
estimate the amount which other persons will be benefited thereby, and shall contribute towards compensating the person injured, all of which
shall be returned to the board of Trustees, under their hands and seals, and the persons
who shall be benefited, and so assessed, shall pay the same in such manner as shall be provided, and the
residue if any, shall be paid out of the Town Treasury. and the shall sue and be sued, plead and be impleaded, answer and be answered in any Court
whatever; and that all acts heretofore done by the board of Trustees, by and under
the sanctions and provisions of the former acts of incorporation, are hereby confirmed.
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 bylaws, ordinances and regulations, as Shall
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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. 6. That the said Trustees shall have power to levy and collect a Tax, not exceeding
one per cent on all Lots and Lands, exclusive of improvements, and personal property lying and
being within the incorporated limits of Said Town, according to valuation. To tax public Shows, and houses of public entertainment,
Taverns and Stores and Groceries, for the purpose of making and improving the 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 pro^e^scribe 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 estate shall be made, until public
notice of the time and place shall be given, by advertisement in the Newspapers, or
at four of the most public places in said Town, at least fifteen days previous thereto.
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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 nuisances; for which purpose they 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 Carlinville.
Sec 8. That it Shall be the duty of any Justice of the Peace residing in said town, and he is hereby authorised and empowered, upon the violation of any law or ordinance
of said corporation, to issue his warrant directed to the Town Constable or any authorised
County officer to apprehend the offender or offenders and bring them or him 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 find shall not exceed fifty dollars and imprisonment not exceed 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
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to an appeal to the 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 the judgment, with such securities, and in such an amount as the justice may think
right and proper and all fines imposed for breach of the peace or violation of the
corporation ordinances shall be paid into the Treasury of said corporation.
Sec. 9. 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 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 face amount of purchase money,
with interest at the rate of twenty five per cent per annum together with cost accruing thereon.
Sec. 10 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 street.
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 in said town and no ordinance shall be in force untill published as aforesaid
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Sec. 12. 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. 13. 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 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 as such special election shall have all1 the powers confered by this act.
This act shall take effect from and after its passage.
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To be Engrossed as amended
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To 2d Reading
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To 2d Rg[Reading]
Handwritten Document, 12 page(s), Folder 403, SB 145, GA Session 10-1, Illinois State Archives (Springfield),