In force 21st July, 1837.
AN ACT to Incorporate the Town of Caledonia.
1
Individuals constituted body politic and corporate
Powers
May hold property, real and personal
May lease lands
Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Justus Post, E. B- Clemson, H. L. Webb, R. A. Nelson, and Thomas Forker, be, and they are hereby constituted a body politic and corporate, to be known by the name of the President and Trustees of the town of Caledonia; 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 actions and matters whatsoever, may grant, purchase, receive and hold property, real and personal, within said town and no other; and may lease, sell, and dispose of the same for the benefit of the town, and may have power to lease any of the reserved lands which have been, or may be appropriated to the use of said town, and may do all other acts as natural persons; may have a common seal, change and alter the same at pleasure.
Boundaries of town
Sec. 2. That all those tracts of land, to wit: South half of section 23, sections 26, 27, and 34, in township 15,
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south, range one, east of the third principal meridian, be, and the same is hereby declared to be within the boundaries of the town of Caledonia.
Powers vested in five trustees
Sec. 3. The corporate powers and duties of said town shall be vested in five trustees, after the term of the present incumbents has expired, to wit: on the first Monday of October, who shall form a board for the transaction of business.
Trustees to be elected annually
Time of
Qualifications
Who to vote for trustees
Sec. 4. The members composing the board of trustees shall be elected annually, on the first Monday in September, to serve for one year, and till others shall be legally qualified; they shall be at least twenty-one years of age, citizens of the United States, and shall possess a freehold estate within the limits of the corporation. Those persons only shall be qualified to vote for trustees, or in such town meetings as may be held in conformity to this act, who possess the requisite qualifications to vote for state officers, and have resided within the limits of the corporation six months previous to such elections or town meetings.
President how appointed
Power to fill vacancies
Quorum
To make rules and regulations
Sec. 5. The board of trustees shall appoint their president from their own body; shall appoint all other officers of their board, and shall be the judges of the qualifications, elections and returns of their own members, and shall have power to fill all vacancies in the board occasioned by death, resignation or six months’ absence of any member thereof. A majority shall constitute a board to do business, but a smaller number 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. They may determine their rules of proceedings, and make such other rules and regulations for their own government as to them may seem proper and expedient.
May levy and collect tax
Health of town
Night watches
To license merchants, &c.[et cetera]
To prohibit gamiug &c.
Markets
Fire department
Police
Officers
Pass ordinances
Justice of peace to have jurisdiction
Appeal may be taken
Writ of certiorari
Sec. 6. The board of trustees shall have power to levy and collect taxes upon all real estate within the town, not exceeding one per cent. upon the assessed value thereof, except as may be hereinafter excepted; to make regulations to secure the general health of the inhabitants; to prevent and remove nuisances; to restrain cattle, horses, sheep, swine, and dogs from running at large; to establish night watches, erect lamps in the streets, and lighting of the same; to erect and keep in repair, bridges; to license and tax merchants; to regulate auctions, taverns, groceries, and pedlers, theatrical and other shows, billiard tables, and other amusements; to restrain and prohibit gaming houses, bawdy houses, and other disorderly houses; to prevent the shooting of fire arms within the limits of the corporation; to establish and erect markets; to open and keep in repair streets and avenues, lanes, alleys, drains, and sewers, to keep the same free
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from incumbrances; to establish and regulate a fire department; to provide for the prevention and extinguishing of fires; to regulate the police of the town; to regulate the election of town officers, to fix their compensations; to establish and enforce quarantine laws; and from time to time to pass such ordinances to carry into effect the ordinances of this act, and the powers hereby granted, as the good of the inhabitants may require, and impose and appropriate fines and forfeitures for the breach of any ordinance, and to provide for the collection thereof; and that in cases arising under this act, or growing out of the by laws and ordinances made in pursuance of this act of incorporation, any justice of the peace within said corporation shall have jurisdiction to hear and determine the same, and an appeal may be taken, and writs of certiorari allowed from any such decisions in the same manner as now is or hereafter may be provided by law for appealing from judgments of justices of the peace[.]
May levy tax for support of schools
May loan money
Sec. 7. The board of trustees shall have power to levy a tax for the erection of school houses, and the support of common schools within said corporation, and to raise money by loan on the credit of the town for commencing and prosecuting works of public improvements: Provided, however, That the same shall be submitted to the vote of the citizens of the town, and approved by a majority thereof.
Special tax may be levied
Sec. 8. That, upon the application of the owners of two-thirds of the real estate upon any 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, according to their respective fronts, for the purpose of grading and paving the side walks of said streets.
Power to grade, pave, &c. streets
May extend & widen
Public square
In what case free holders to be summoned
To estimate & assess damages and benefit
Estimate to be returned to trustees
Sec. 9. That the board of trustees shall have power to regulate, grade, pave, and improve the streets, avenues, lanes, and alleys, within the limits of said town, and to extend, open, and widen the same, and to set aside and appropriate sufficient ground for a square, for a market, and other public purposes, making the person or persons impaired 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 opening, widening, or extension of any street, avenue, lane, or alley, or setting aside and appropriating ground for a market square, and other public purposes, and shall, moreover, estimate the amount which
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other persons will be benefitted thereby; and shall contribute towards compensating the persons injured; all of which shall be returned to the board of trustees under their hands and seals, and the person or persons who shall be benefitted and so assessed, shall pay the same in such manner as shall be provided, and the residue of any shall be paid out of the town treasury.
May survey & plat town, and record same
Proviso.
Individuals’ right to be kept inviolate
Sec. 10. That the trustees shall have power to survey and plat the grounds within the corporation limits, and record the same, which, when thus surveyed, platted, and recorded, shall be a governing plat for town uses and purposes: Provided, however, That this shall not be so construed as to give the trustees power, so to vary from any established plat as thereby to affect the rights of private individuals.
Neglect or refusal to pay tax
Lots may be sold
Sec. 11. That whenever the owners of any lot or piece of ground included within said incorporation shall neglect or refuse to pay the tax or taxes levied on the same, when they may become due, it shall be the duty of the trustees to advertise the same for non-payment, either in a newspaper printed in said town or by posting in three of the most public places in said town for the space of sixty days, and on further failure of payment thereof, to sell at public sale said lot or piece of ground to pay said taxes and defray the expenses of collection.
Ordinances to be published
Sec. 12. All ordinances shall, within ten days after their passage, be posted in three of the most public places in said town.
Lots sold, how and when redeemed
Sec. 13. That when any real estate in said town shall be sold by the authority of said corporation for the non-payment of taxes, said lands may be redeemed in the time that other lands are redeemed by virtue of the laws of this state, upon paying the treasurer of the board double the amount of taxes for which the same was sold, together with all the costs accruing on such sale; lands not redeemed under such shall be conveyed by special warranty, under the seal of said corporation.
Officers of town
Sec. 14. The officers of said town in addition to the trustees, shall consist of one clerk, one street commissioner, one treasurer, three assessors, one town constable and collector, one town surveyor, and such other officers as the trustees of said town may deem necessary for the good of said town.
Fire companies
Members exempt from military duty
Sec. 15. That the president and trustees of said town shall, whenever they may deem it necessary, order the formation of fire engine companies, and hook and ladder companies: said companies to contain such number of members as said trustees by their ordinances shall direct. The members of said companies shall be exempt
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from jury and military duty; and whenever a member of either company shall have served twelve years, he shall receive a discharge from the incorporation, signed by the president, and shall from thereafter be exempt from further jury and military duty, except in cases of invasion.
Property of town
Sec. 16. That all lots of lands or parcels of ground in said town, or which have been conveyed by the original proprietors thereof, or other persons, to the inhabitants of said town in the aggregate capacity, or to any person or persons in trust for them, or for their use and benefit, and all funds raised, or to be raised by the sale of donation lots or otherwise, whether for the erection of school houses, academies, or places of public worship, are hereby declared to belong to, and to be vested in, said corporation, and shall be under the management and direction of the trustees aforesaid and their successors, and applied in furtherance of the objects intended by the the proprietors or donors thereof; and the said trustees shall have power to institute suits for the recovery of every or any such lots or parcels of ground, should it be necessary, and to perfect in them and their successors the title thereof, or to make such other adjustment relative thereto, as to them shall seem expedient and proper.
Town meetings
Proviso.
Sec. 17. That is shall be the duty of the board of trustees, in such manner as they may hereafter provide, to give notice of all town meetings to be held, whether for the election of trustees or any other purpose, arising under the provisions of this act, by posting the same in three of the most public places in said town, and stating therein the object of such meeting: Provided, however, That not less than three days’ notice of any such meeting shall in any case be given except in cases of emergency.
All officers to take oath
Sec. 18. That the members of the board of trustees, and every officer of said corporation, shall, before entering on the duties of his 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 discharge the duties of their several offices.
Wards of town
Sec. 19. That the trustees may have to divide said town into such number of wards as to them shall seem expedient and proper: Provided, however, That no stock, belonging to citizens without the boundaries of said town, shall be hurt by the authority of said corporation.
Approved 21st July, 1837.
1Jesse K. Dubois introduced the bill in the House of Representatives on July 15, 1837. The House passed the bill on July 20. The Senate concurred on July 21. On July 21, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives of the Tenth General Assembly of the State of Illinois, at a Special Session of the General Assembly, Begun and Held in the Town of Vandalia, July 10, 1837 (Vandalia, IL: William Walters, 1837), 73, 108-09, 118, 139, 156, 161, 182; Journal of the Senate of the Tenth General Assembly of the State of Illinois, at a Special Session, Begun and Held in Vandalia, July 10, 1837 (Vandalia, IL: William Walters, 1837), 118, 122, 138.

Printed Document, 5 page(s), Laws of the State of Illinois, Passed by the Tenth General Assembly, at their Special Session (Vandalia, IL: William Walters, 1837), 31-35, GA Session: 10-S,