(A. Bill) for) an act to incorporate the Northern division of the American Bottom.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois represented in the General Assembly, that all that portion of the American Bottom which lies in Madison & St Clair Counties ^south of Wood River^ is hereby declared a body Corporate under the title and name of the Northern division of the American Bottom.
Sec. 2nd The inhabitants of said district of Country are hereby constituted a body politic
and corporate; and under the name and style of the “Mayor ^President^ &Trustees of the Northern division of the American Bottom” they and their Successors shall be known in law, shall have perpetual succession,
shall sue and be sued, implead and be impleaded, defend and be defended, in all courts
of law and equity & in all actions whatever: May purchase[,] receive[,] and hold property real and personal within said corporation and may sell, lease[,] or dispose of the same for the benefit of the Corporation, and may do all other acts as natural persons: They shall have a common seal and
may alter the same at pleasure.
Sec. 3. The powers of said Corporation shall be vested in a Mayor ^President^ and a Board of Trustees.
Sec. 4. The Mayor ^President^ shall be elected by the Voters of the Corporation, and shall hold his office for the term of two years and until his successor be duly
elected and qualified.
Sec 5 The Board of Trustees shall consist of six trustees to be selected as follows three
from that part of said Corporation which lies in Madison and three from the portion lying in St Clair Counties and shall hold their office for the term of two years and untill their successors are duly elected and qualified.
Sec. 6. The Mayor ^President^, Trustees and all other officers of Corporation shall during their continuance in office, reside within the limits of the Corporation. And if the Mayor ^President^
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any Trustees or other officers of the Corporation shall cease to reside within the limits of the same, his office shall thereby immediatly become vacated.
Sec. 7. Whenever any election for Mayor^President^ or trustee shall be contested, it shall be determined by the Board of Trustees: and
all vacancies that shall occur in the board of Trustees, shall be filled by election
in such manner as shall be provided by ordinance.
Sec. 8. The Mayor^President^ may be removed from office for any misdemeanor in office by a vote of two thirds
of all the board of Trustees elected. And whenever a vacancy shall happen in the office
of Mayor^President^, it shall be filled by election in such manner as shall be provided by ordinance.
Sec 9. The Mayor^President^ shall have power to nominate and with the concurrence of the board of Trustees, to
appoint, all Corporation officers, not ordered by law or ordinance to be otherwise
appointed; He shall take care that the laws of the state, so far as they relate to the Corporation, and the ordinances of the Corporation are duly enforced, respected, and observed within the Corporation: he may remit fines[,] forfeitures[,] and penalties accruing or owing from the violation of any ordinance of the Corporation: He may fill all vacancies which may occur in any office, other than that of Trustees
until the ^next^ meeting of the board of Trustees after the vacancy shall have happened. He shall
from time to time give, to the Board of Trustees, information relative to the state
of the Corporation and shall recommend to their consideration such measures as he shall deem expedient.
Sec 10. The Mayor shall (ex officio) be president of the Board of Trustees but shall ^not^ be allowed to vote. The Board .^The President shall preside at all meetings of the Board of of trustees, and when the board is equally divided, he shall give the casting vote.^ The Board^The Board^
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shall Judge of the qualifications, elections[,] and returns of the Members of the Board. They shall make rules and regulations for
the government of their own proceedings: They shall have power to compel the attendance
of absent members at the meetings of the Board: To punish members for disorderly conduct:
by a vote of two of two thirds of all the members elected, to expel a member but not a second time
for the same offence: They shall cause a true and faithful record to be kept of all
the acts and proceedings of the Board, and at the desire of any member, shall cause
the yeas and nays on any question to be entered therein.
Sec. 11. There shall be four stated meetings of the Board of Trustees in every year, the time
and place of which shall be prescribed by resolution or ordinance of the board.
Sec. 12. In all meetings of the board of Trustees, a majority of the whole number of members
elected shall constitute a quorum to do business, but any less number may adjourn
from day to day and compel the attendance of absent members. The Mayor^President^ may call special meetings of the Board of Trustees, by giving five days notice thereof, in writing to the members of board.
Sec. 13. Whenever any vacancy shall happen in the office of Mayor^President^, The Trustees shall choose one of their own number to act, and receive the compensation
of, Mayor^President^ until such election shall be filled by election.
Sec. 14. The Mayor^President^ and Board of Trustees shall have power within the Corporation to levy and collect taxes not exceeding one half of one per centum on all landed
property (made taxable by law for state purposes): to receive and use donations and
appropriations from any person or body of persons whatsoever, provided the proceeds
of such taxation and of such donations and
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appropriations be used by them to secure the main intention of this act: that is to
say, for the purpose of draining, reclaiming[,] and rendering healthful that tract of Country included within the boundaries of the
Corporation. They shall have and they are hereby invested with powers to dig canals, ditches,
sluices[,] and outlets for standing waters in lakes, ponds, slashes[,] and pools of water: to turn the channels or beds of branches, rivulets[,] creeks lakes[,] or ponds and to remove all obstructions in the same: to raise enbankments, levees[,] or dykes whenever they shall deem proper and to alter & vary the same at pleasure:
to declare what shall be considered nuisances and to cause the removal of the same:
to regulate the elections of Corporation officers: to remove at pleasure) from office
any person holding any office created by ordinance: to fix the compensation of all
corporation officers: to fix the fees of Jurors, witnesses[,] and others for officers services rendered under this act or any ordinances of the Corporation: to provide for the payment of all expenses incurred in the performances of duties
required by this act, or any ordinance of the corporation & to provide for the collection and appropriation thereof: to provide for the taking
the census of the inhabitants of the Corporation: to appoint all officers, servants[,] and agents necessary to carry into effect the powers hereby granted.
Sec. 15. Every ordinance of the board, before it shall become a law shall be presented to
the Mayor^President^ for his approbation, and should the Mayor^President^ disaprove of the same, he shall return it to the Board of Trustees with his objections: and
then the Board of Trustees shall reconsider the ordinance so returned, and if, after
such reconsideration a majority of the whole number of trustees elected shall pass
the
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ordinance, it shall become a law.
Sec. 16. If any ordinance shall not be returned to the board of Trustees within five days
after it shall have been delivered to the Mayor^President^ for his approbation, it shall become a law in the same manner as if he had approved
it.
Sec. 17. The style of the ordinances of the corporation shall be “Be it ordained by the Mayor^President^ and Board of Trustees of the corporation of the Northern division of the American Bottom.”
Sec. 18. All ordinances passed by the board of Trustees, shall before they become a law,
be published in one or more newspapers published in the limits of such the corporation, or in some newspaper published in St Clair or Madison Counties.
Sec. 19. All ordinances of the corporation may be proven by the seal of the Corporation, and when printed and publised in Book form and purporting to be printed by authority of the corporation, the same shall be received in evidence in al the Courts and places without further
proof.
Sec. 20. When it shall be necessary to take private property for the use of the corporation, or to injure private property for the general benefit of the corporation, the corporation shall make a just compensation therefor, to the person whose property is so taken
or injured: and if the amount of such compensation cannot be agreed on, The Mayor^President^ shall cause the same to be ascertained by a jury of disinterested freeholders of
the Corporation: Such jury shall at the same time take into consideration the benefits accruing to
such such property by any work done upon it, by order of the Corporation, as well as the injury done and shall have the same in mind when making up their
verdict on the same.
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Sec. 21. All Jurors empanneled to enquire into the amount of damages or benefits sustained by a piece of property
having had a corporation work done upon it, shall first be sworn to that effect, and shall return to the mayor^President^ the [...?]inquiry the result of their enquiry in writing and signed by each Juror.
Sec. 22. The Mayor^President^ shall have power for good cause shown within 20 days after the return to him of any
inquest to set the same aside, and to cause a new inquest to be made.
Sec. 23. The Mayor^President^ & Trustees shall have power by ordinance to direct the manner and condition in which
any property advertised for sale or sold for taxes by authority of the corporation, shall be redeemed: provided however: that at least two years shall be allowed for
redemption.
Sec. 24. There shall be a Corporation Register chosen by the Trustees whose duty it shall
be to keep a record of all the official acts of the Mayor^President^ and when necessary to attest them. He shall perform the duties of Clerck to the board of Trustees when in Session: He shall keep a book or Books wherein shall
be entered all the proceedings of the Board: he shall keep in his office all records,
public papers[,] and documents belonging to the corporation, and he shall perform such other duties as shall be assigned to him by the Board
of Trustees. He shall hold his office for two years and until his successor shall
be duly appointed & qualified, unless removed as heretofore provided. He shall before
entering on the discharge of the duties of his office give bond to the Mayorthe Mayor^President^, conditioned for the faithful discharge of the duties of his office.
Sec. 25. Every officer of the Corporation, shall, before entering on the discharge of the duties of his office, take & subscribe
...?]^conduct^ himself in office.
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an oath or affirmation, before some Judge or Justice of the Peace, that he will support
the constitution of the United states and of this state and that he will faithfuly [Sec. 261. The general election for all officers of this Corporation required to be elected by this act, shall be held on the third monday of July of
eighteen hundred & thirty nine, and on that ^day^ every two years thereafter. The voters shall possess the same qualifications as are
required in Voters for state officers, that is shall be of the age 21 years of age, shall have lived in the Corporation 6 months preceding the election &c[etc]: and they shall vote viva voce.
Sec. 272. For the carrying out ^the^ organisation of this Corporation Laurant Pinsano, Narcisse Cornoyer[,] and Thomas Gilham are hereby authorised and required to hold an election, on ^the^ third monday of July next, for Mayor^President^ and ^six^ trustees as provided in this act and to continue the same from ten oclock A.M. to 6 P.M. ^:^ And as soon as they shall have ascertained who are elected they shall proclaim the
same and give cirtificates to such persons of such election. Said Laurant Pinsano[,] Narcisse Cornoyer[,] & Thomas Gilham shall be qualified as provided in case of Judges of election as provided in cases of state elections and shall appoint their
clerks for the same. The return or polls of this election shall be delivered to the
trustees of the Corporation as soon as they shall have been qualified.
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No 339
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58
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15
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No 339
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Engrossed
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passed
Handwritten Document, 8 page(s), Folder 320, HB 392, GA Session 11-1, Illinois State Archives (Springfield, IL)