Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the following are hereby declared to be the boundaries of the town of Decatur, in the county of Macon; one square mile laid out by lines running due north and south, east and west; and the centre of the old public square in said town of Decatur to be the centre of said square mile; and the inhabitants and residents of said town, and all within said boundaries, shall be, and are hereby, constituted a body politic and corporate, by the name and style of “The president and trustees of the town of Decatur;” and, by that name, they and their successors shall be known in law, and have perpetual succession, sue and be sued, plead and be impleaded, defend and be defended, in all courts of law and equity, and in all matters and actions whatsoever; may grant, purchase, receive, and hold property, real and personal, within the said town, and no other, (burial grounds excepted,) and may lease and dispose of the same for the benefit of the said town; and may do all other acts, and exercise such other rights, powers, and duties, as shall be conferred upon said trustees by this act: Provided, The said corporation shall not purchase or hold more real estate than is necessary for use and convenience of said town.

Sec. 2. The corporate rights, powers, and duties of said town shall be vested in seven trustees, to be chosen and appointed as hereinafter directed, who shall form a board for the transaction of business.

Sec. 3. On the first Monday of May next, and on the first Monday of May annually thereafter, an election shall be held at the court-house in said town for the seven members to compose the board of trustees of said town.

Sec. 4. Any person may be elected a trustee, or may vote for the election of trustees of said town, who has resided three months within the limits of said corporation next preceding the election, and who is qualified to vote for a Representative in the General Assembly of this State.

Sec. 5. The board of trustees shall appoint their president and all other officers of their Board, and shall be judges of the qualifications, elections, and returns of their own members. A majority shall constitute a quorum, but a smaller number may adjourn from time to time; may compel the attendance of absent members in such manner and under such penalties as the board may provide. They may determine the rules of proceedings, punish their members for disorderly conduct, and, by the concurrence of two-thirds of the whole number elected, expel a member. They shall fix upon the time and place of holding their meetings: Provided at least one meeting of their board shall be held every two months.

Sec. 6. The board of trustees shall have power, by ordinance, to levy and collect taxes upon all real estate within the

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town and limits of said corporation, not exceeding one per centum upon the assessed value thereof; to make regulations to secure the general health of the inhabitants; to establish night-watches; erect lamps, in the streets, and lighting of the same; to erect and keep in repair bridges; to license and regulate auctions, taverns, groceries, and pedlers, theatrical and other shows and amusements; to restrain and prohibit gaming-houses, bawdy-houses, and other disorderly houses; to prevent the running and indecent exhibition of horses within the bounds of said town; to provide for the trial and punishment of persons who may be engaged in assaults, assaults and batteries, and affrays, within the limits of said corporation; and to provide that such punishment may be inflicted for any offence against the laws or ordinances of said corporation as is or may be provided by law for like offences against the laws of the State: Provided, That no person shall be deprived of the right of trial by jury in any case where such person would be entitled to a trial by jury for a like offence against the laws of the State; to prevent the shooting of fire-arms within the limits of said corporation; to establish and erect markets; to open and keep in repair streets and avenues, lanes, alleys, drains and sewers; and to keep the same free from incumbrance; to establish and regulate a fire department; to dig wells and erect pumps in the streets; to regulate the police of the town; to regulate the election of town officers, and fix their compensation; and from time to time to pass such ordinances, to carry into effect the ordinances (provisions) of this act and the powers hereby granted, as the good of the inhabitants may require, and to impose and appropriate fines and forfeitures for the breach of any ordinance, and to provide for the collection thereof.

Sec. 7. That in all 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 the 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 decision, in the same manner as now is or may hereafter be provided by law for appealing from judgments of justices of the peace.

Sec. 8. 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, on the credit of town, for the purpose of commencing and prosecuting works of public improvement: Provided, however, That the same shall be submitted to the vote of the inhabitants of said town, and approved by two-thirds thereof.

Sec. 9. That, upon the application of the resident owners of two-thirds of the real estate belonging to residents on any street, or part of a street, it shall be lawful for the board of trustees to levy and collect a special tax on all the lots on such street or parts of a street, according to their respective

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fronts, for the purpose of grading or paving the side-walks on said street or part of a street.

Sec. 10. All ordinances shall be published and posted in three of the most public places in the said town, within ten days after passage; and, if there be a newspaper in the town, it shall be published therein within said ten days.

Sec. 11. That when any real estate in said town shall bave been sold by the authority of the corporation for non-payment of any tax that may have been levied upon the same, the same shall be subject to redemption by the owner or owners thereof, his, her, or their agent or agents, within one year after the same shall have been sold, on paying to the treasurer of the board of trustees of said town, for the use of the purchaser or purchasers, double the amount of tax for which the same shall have been sold, together with costs for selling the same; and if not redeemed by the owner or owners, then the same shall be subject to redemption by any judgment creditor, his, her, or their agent, within fifteen months after the same shall have been sold, on paying as above specified; but should the said lots, or parts of lots, or real estate so sold for the non-payment of taxes as aforesaid, not be redeemed within the time specified, then, and in that event, it shall be the duty of the president of the board of trustees of said town to execute a deed, with special warranty, signed by the president, and countersigned by the clerk thereof.

Sec. 12. It shall be the duty of the board of trustees to cause to be paid to the owner or owners of lots or real estate all moneys which may have been paid to the treasurer over and above the amount of the taxes for which they were sold, and the cost of selling the same.

Sec. 13. The officers of said board of trustees, in addition to their president, who shall be a member of their own body, shall consist of one clerk, one treasurer, one assessor, and collector of taxes, and such other officers as they may deem necessary for the good of said town.

Sec. 14. That the board of trustees shall have power to 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, That 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 a newspaper published in said town, or by posting up written notices in three of the most public places in said town, at least twenty days previous thereto.

Sec. 15. That the board of trustees shall have power to appoint a town constable or constables, and authorize him or them to execute all writs, process, and precepts, which may be issued against any person for the violation of the laws or

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ordinances of the corporation, and to arrest, on view, all persons who may violate such laws or ordinances; to collect all fines and forfeitures which may be assessed or recovered for the use of the corporation; and to require bond and security of said constable or constables, in such sum as they may think proper; said constable or constables to hold their offices during the pleasure of the board of trustees, and shall have and possess the same powers, and perform the same duties in other respects, within the limits of said corporation, as the constables within the different districts of the county possess.

Sec. 16. That the board of trustees, for the purpose of keeping the streets and alleys in said town and incorporated limits, and the public roads passing from and through said town, in good repair, and to this end they are authorized to require every male resident of said town and incorporated limits, over the age of twenty-one years, to labor in said streets, alleys, and roads, at least four days in each year; and any person who shall be notified by the street commissioner, or other authorized person, so assessed as herein provided, and shall fail or neglect to perform the same, shall forfeit and pay the sum of one dollar for each day’s labor neglected to be performed; and the street commissioner in said town is hereby authorized to prosecute such delinquent person, in the name of “The president and trustees of the town of Decatur,” before any justice of the peace in said town; and said street commissioner shall be a competent witness against said delinquent; and in case of default as aforesaid, the justice of the peace shall enter up judgment against said delinquent for the amount so forfeited, with costs of suit, and issue execution forthwith.

Sec. 17. That it shall be the duty of any justice of the peace residing in said town, and he is hereby authorized and empowed, on complaint being made to him, on oath, of the violation of any law or ordinance of the corporation, to issue his warrant, directed to the town constable, or any other authorized 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 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 provided in said law or ordinance: Provided, Such fine shall not exceed fifty dollars: And provided, further, That no person shall be imprisoned under the provisions of this act for a longer period than twenty-four hours for every five dollars of any fine assessed, or forfeiture or penalty recovered.

Sec. 18. That justices of the peace and constables who are required to render service 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. 19. That there shall be an election held on the second Monday in April next, to be managed by the present officers of said town, for the purpose of deciding whether they will accept of the provisions of this act; and if a majority of said citizens shall vote for its acceptance, then it shall be in full force and effect; but if a majority of said citizens shall vote against its acceptance, then this act to be null and void.

Approved, March 2, 1839.