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In force 4th March, 1837.
AN ACT to incorporate the town of Carlinviile.
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Inhabitants made body corporate and politic
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 “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.
Boundary of corporation.
Sec. 2. The boundary of the said corporation (shall) be, and the same is hereby declared to extend a half mile north, east and west, from the centre of the public square, and south, to the prescribed limits of the town plat as recorded in the county of Macoupin.
Election of trustees, when held.
Who qualiffed to vote.
Trustees to appoint officers & collect fines.
Sec. 3. That the present trustees shall continue in office until the first Monday in February next, and until their successors are duly elected and qualified, and forever thereafter an election shall be holden on the first Monday of April annually, for five trustees, to hold their offices one year, and until 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 has not resided in said town six 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 three 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 and assessor, a treasurer, a street inspector, and a town constable, to give bond and security in such amount as the trustees may requre. 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 to 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 ordinances and by-laws of said corporation.
Powers of corporation to make improvement.
To pay damages sustained on account of improvements.
May sue and be sued, &c.[etc.]
Sec. 4. The said corporation is hereby made capable
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n law, to take and hold to themselves and their snccessors, any lands, tenements, hereditaments, and the rents, issues, and profits thereof, which may be necessary for the erection 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, 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, freeholders 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, extending, widening of any street, avenue, lane or alley, and shall moreover estimate the amount which other persons will be benefitted 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 benefitted, 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 they 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 sanction and provisions of the former acts of incorporation, are hereby confirmed.
May pass laws for their government and direction.
Sec. 5. 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 by-laws, ordinances and regulations, as shall seem necassary for the government of said corporation, and for the management, control, 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.
May levy tax and collect the same.
Proviso.
Sec. 6. 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, stores and groceries, for
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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 prescribe 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.
To punish for offences.
Fines recoverable.
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 may 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.
Duties of justices of the peace
Proviso.
Sec. 8. 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 fine shall not exceed five dollars, and imprisonment not to exceed twenty four hours: 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 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 a breach of the peace or
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violation of the corporation ordinances, shall be paid into the treasury of said corporation.
Property may be redeemed.
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 the 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 full amount of purchase money, with interest, at the rate of twelve per cent. per annum, together with costs accruing thereon.
Trustees may collect a special tax.
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, not to exceed one per cent. for the purpose of grading and paving the side walks on said street.
Ordinances to be published.
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 until published as aforesaid.
Justices’ fees.
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.
Quorum of trustees.
Clerk to give notice of election.
Sec. 13. That the president, or any two of the trustees, shall have power to call a meeting of the board, by giving one day’s 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 at such special election, shall have all the powers conferred by this act: Provided in all cases, Two-thirds of the qualified voters of said town or corporation, shall have power to dissolve the said corporation at any annual election for president and trustees, any law to the contrary notwithstanding.
This act shall take effect from and after its passage.
Approved, March 4, 1837.
1On January 31, 1837, Joseph Borough introduced SB 145 in the Senate. On February 21, following the addition of sundry amendments by a select committee, the Senate passed the bill, and referred it to the House. On March 3, following additional sundry amendments by another select committee, the House too passed the bill. On March 4, the Senate concurred in the House amendments. Later that day, theCouncil of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 667, 737, 801, 835, 849, 856; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 325, 338, 447, 476-477, 591, 623, 633-634, 639.

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), 335-38, GA Session: 10-1