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 New Haven, in the counties of Gallatin and White, 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 New Haven,” and by that name shall have perpetual succession, and a common

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seal, which they may alter at pleasure; and in whom the government of said corporation shall be vested, and by whom its affairs shall be managed.

Sec. 2. That the boundary of the said corporation be, and the same is hereby, declared to extend to one square mile, making the large flouring and grist-mill the centre; and that the jurisdiction of said corporation is hereby declared to be co-extensive with the limits aforesaid, and to extend to all and every part of the same.

Sec. 3. An election shall be holden on the first Monday in May next, and annually thereafter, for three trustees, who shall hold their office for one year, and until their successors are qualified—previous public notice having been given preparatory to the first election, by publication in a newspaper in said town, or by written notices, at least four in number, posted up in the most public places within the limits of said town; and ever after like notice shall be given, preparatory to any such election, by the president and trustees of said town, for at least two weeks immediately preceding the time of such election.

Sec. 4. 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 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. All free white male inhabitants over the age of twenty-one years, who have resided in said town six months next preceding the election, or who are subject to pay a corporation tax, shall be entitled to vote for trustees.

Sec. 5. 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, or six months’ absence from said town; and to appoint a clerk, an assessor, a treasurer, and a town constable, to give bond in such amount as the trustees may require; and the town constable shall take an oath of office before some justice of the peace; and it shall be his duty to collect all fines, and serve all process, at the suits 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.

Sec. 6. 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 erection of any market-house and 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; and to sue and be sued, plead and be impleaded, answer and be answered, in any court whatever.

Sec. 7. That the trustees aforesaid and their successors, or a majority of them, shall have full power and authority to

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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 necessary 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 or of the United States.

Sec. 8. That said trustees shall have power to levy a tax, not exceeding one-half per cent., on lots, exclusive of improvements, and personal property in said town, according to valuation; to tax public shows and houses of entertainment, taverns, groceries, and stores, for the purpose of making and improving the streets of said town, and keeping them in repair, and for the purpose of erecting such buildings and other needful works and objects as the interests 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 and establish, and shall prescribe the manner of selling property when the tax levied upon it shall not be paid: Provided, however, No sale of any town lot or lots, or other real property, shall be made until public notice of the time and place shall be given, by advertisement, in the newspapers of said town, or by posting up notices to that effect at four of the most public places within the limits of said town, at least fifteen days previous thereto.

Sec. 9. 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, and all disorderly houses, and riotous meetings; to remove obstructions in the streets and public ways, and all nuisances; for which 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 trustees of the town of New Haven.”

Sec. 10. That it shall be the duty of any justice of the peace residing in said town, and he is hereby authorized and empowered, on complaint being made to him, on oath, of the violation of any law or ordinance of said corporation committed within the limits of said corporation, to issue his warrant, directed to the town constable, or any sheriff or constable of Gallatin county, to apprehend the offender or offenders, and

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bring him, her, or them 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 prescribed in such law or ordinance: Provided such fine shall not exceed fifty dollars, and imprisonment not exceed five days: Provided, however, That writs of certiorari from appeals shall be granted from judgments under this act as in other civil cases; and in all criminal cases, the defendants shall be entitled to an appeal to the circuit court for Gallatin county, by entering into bond or recognizance, as the case may require, before the said justice of the peace within twenty days after the rendition of judgment, with securities, and in such an amount as the justice may think right and proper.

Sec. 11. That all that district of country included within the limits of the aforesaid corporation, in the counties of Gallatin and White, be, and the same is hereby, constituted and declared to be a district for the election of a justice of the peace and constable, whose official powers and jurisdictions shall be co-extensive with the limits of said corporation, whether in the one county or the other, (and with the limits of the county of Gallatin,) reserving to the defendant the right of appeal to the circuit court of the county in which he may reside.

Sec. 12. That the county commissioners’ court of the county of Gallatin shall and is hereby authorized and required to cause an election to be held on the third day of April next, or as soon thereafter as practicable, and at each quadrennial election thereafter, for one justice of the peace and one constable in said district or corporation limits. The officers elected at the special election in April next shall hold their officers until the next general election for justices of the peace and constables; at which time their successors be elected as in other cases; and the persons so elected shall have and exercise the same jurisdiction, hold their offices by the same tenure, and for the same term, except as hereinbefore excepted, and be under the same regulations in all respects, as other justices of the peace and constables of this State: Provided, always, it shall be the right and privilege of all the qualified voters within the limits of said corporation, whether in Gallatin or White counties, to vote for said justices of the peace and constable at their every lection, any law of this State to the contrary notwithstanding.

Sec. 13. 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 at the time of sale, or his or her agent, executor, or administrators, or heirs, 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 twenty per cent. per annum, together with costs accruing thereon.

Sec. 14. 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.

Sec. 15. 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 as hereafter may be provided by law.

Sec. 16. 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 by this act, or from any other cause, 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 on said trustees; the late trustees of the said corporation to do and perform all the duties of their office fully until their successors shall be as above, or at any subsequent annual election, elected and qualified.

Approved, February 15, 1839.