Sec.[Section] 1st
Be it enacted by the People of the State of Illinois represented in the General Assembly that George W Cassedy, John M Wilson, Isaac R Moores, Guy Merrill & William Knight be & they are hereby Constituted a body politic and Corporate to be known by the
name of the President and Trustees of the Town of Danville & by that name they and their successors shall be known in law have perpetual succession
sue & be sued plead & be impleaded defend & be defended, in Courts of law & Equity
& in all actions & matters whatsoever may grant, purchase receive & hold property
real & personal within said Town & no other; & may lease, sell & dispose of the same for the benefit of the Town, & 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 & alter
the same at pleasure
Sec. 2nd
That all the lands in Section Eight Township Nineteen North of Range Eleven West lying
North of the big Vermilion River, & East of the North fork be & the same are hereby declared to be within the boundaries
of the Town of Danville
Sec 3d
The corporate powers & duties of said Town shall be vested in five Trustees after the term of the present incumbents has expired
Towit on the first
<Page 2>
Monday of May next, who shall form a board for the transaction of business
Sec. 4th
The members composing the board of trustees shall be elected annually on the first
Monday in May 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 & 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 & have resided within the limits of the
Corporation six months previous to such Elections or town meetings
Sec 5th
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 give three days notice, posted in three
of the most public places in the said town or printed in some newspaper in said Town, of an election 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 compell the attendance of absence[absent] members in such manner & render such penalties as the board may provide. They may
determine the rules of proceedings & make such other rules & regulations for their
own government as to them may seem proper and expedient.
<Page 3>
Sec. 6th
The board of trustees shall have power to leavy[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 horses cattle sheep swine & dogs from
running at large, to establish night watches, erect lamps in the street & lighting
of the same, to erect & keep in repair bridges, to licence & regulate Taverns, to licence and tax merchants, auctions, pedlars[,] theatrical and other showes of amusements, to restrain & suppress billiard tables & tipling houses, to prohibit gaming houses, bawdy houses, & other disorderly houses, to prohibit
the shooting of fire arms within the limits of the said Town, except to persons licensed for the benefit of trade, to prohibit the exhibition
of Stallions in the streets, to establish & erect markets; to open & keep in repair
streets & avenues, lanes, alleys[,] drains & sewers, & to keep the same free from incumbrances, to establish & regulate a fire department, to provide for the prevention & extinguishment
of fires, to regulate the police of the Town, to regulate the election of Town officers, to fix their Compensation^s^[,] to establish & enforce quarentine laws & 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
& impose and appropriate fines & forfeitures for the breach of any ordinances & to
provide for the collection thereof; & that in cases ariseing under this act or growing out of the buy laws or ordinances made in pursuance of this act of incorporation any justice of the peace
within said corporation shall have jurisdiction to hear & determine the same
<Page 4>
and an appeal may be taken & writs of certiorari allowed from such discussions in
the same manner as now is or hereafter may be provided by law for appealing from judgments
or justices of the peace
Sec. 7th
The board of trustees shall have power to levey a tax for the erection of school houses & the support of common schools within said
corporation, & to raise money by loan on the credit of the town for commencing & prosecuting works of public improovement. Provided however, that the same shall be submitted to the vote of the citizens of the town & approoved by two thirds thereof.
Sec. 8th 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 levey & collect a special tax on the owners of the lots on said street according to their
respective fronts, for the purpose of grading & paving the side walks of said streets
Sec. 9th
That the board of Trustees shall have power to regulate, grade, pave & improove the streets, avenews lanes & alleys, within the limits of said Town, & to extend open & widen the same & to set aside & appropriate sufficient ground
for a square[,] for a market & other public purposes, making the person or persons impaired thereby
adequate Compensation, to acertain which the board shall cause to ^be^ summoned1 twelve good & lawful men free holders & inhabitants freeholders & inhabitants of said town not directly interesed[interested] who being first duly sworn for that purpose shall enquire into & take into consideration as well the
<Page 5>
benefit as the injury which may accrue & estimate & assess the damages which would
be sustained by opening[,] wideing, or extension of any street, avenew, lane or alley, or setting aside & appropriating ground for a market square & other
public purposes, & shall more over estimate the amount which other persons will be
benefitted thereby, & shall contribute towards compensating the persons injured, all
of which shall be returned to the board of Trustees, under their hands & seals and
the person or persons who shall be benefitted, & so assessed, shall pay the same in
such manner as shall be provided; the residue, if any shall be paid out of the Town
treasurer
Sec. 10th
That the trustees shall have power to survey & plat the grounds within the Corporation
limits & record the same, which when thus surveyed platted & recorded shall be a governing
plat for town uses & purposes. Provided however, that this shall not be so construed as to give the trustees power, to so to ^vary^ from any established plat as thereby to effect the rights of private individuals.
Sec. 11th
That whenever the owners of any lot or peice of ground included within said Corporation 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
Constable 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, & on further failure of payment thereof to sell at public
sale said lot or piece of ground to pay said taxes & defray the expenses of Collection.
<Page 6>
Sec. 12th
All ordinances shall within ten days after their passage be posted in three of the
most public places in said Town or published in some newspaper printed in said Town
Sec. 13th
That when any real estate in said Town shall be sold by the authority of said Corporation for the nonpayment 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, togeather with all the costs accruing on such sale; lands not redeemed such shall be conveyed
by special warranty under the sale of said corporation
Sec. 14th
The officers of said Town in addition to the trustees shall consist of one Clerk, one Constable whose duty
it shall be to assess & collect the taxes[,] to weigh & measure and act as free inspector[,] one street Commissioner, one Treasurer, one Town surveyor, and such other officers
as the trustees of said Town may deem necessary for the good of said Town all of whom shall be sworn or affirmed to act as conservators of the peace residing in said Town without oath & whose duty it shall be to complain to any justice of the peace resideing in said Town without oath of any violation of the laws of said Corporation & all of whom shall
give bond to said trustees in a suitable penalty for the faithful performance of other
respective duties
Sec 15th
That the President & trustees of said Town shall
<Page 7>
whenever they may deem it necessary, order the formation of fire engine companies,
hook, hose and ladder & property 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 from military duty; & when ever a member of either company shall have
served twelve years he shall receive a discharge from the incorporation signed by
the president & shall from thereafter be exempt from further military duty except in cases of invasion
Sec 16th
That all lots or parcels of ground in said Town [as?] which have been conveyed by the original proprietors thereof or other persons to
the inhabitants of said Town in their aggrigate capacity or to any person or persons in trust for them or for their use & 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 & to be vested in said Corporation & shall be under the management
& direction of the Trustees aforesaid & their successors, & applied in furtherance
of the objects intended by the proprietors or donors thereof and the said Trustees
shall have power to institute suits for the recovery of any every or any such lots or parcels of ground, should it be necessary; & to perfect
in them & their successors the title thereof or to make such other adjustment relative
thereto as to them shall seem expedient & proper
Sec. 17th
That it shall be the duty of the board of Trustees
<Page 8>
in such maner[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 ariseing under the provisions of this act, by posting the same in three of the most public
places in said Town or by printing as aforesaid & 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
Sec. 18th
That the members of the board of Trustees & 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 & of
this State & faithfully to discharge the duties of their several offices
Sec. 19th
That the Trustees may have power to divide said Town into such number of wards as to them shall seem expedient & proper; Provided however, That no stock belonging to citizens without the boundaries of said Town shall be be hurt or injured by the authority of said Corporation.
Sec 20.
All fines, penalties, & forfeitures imposed by the ordinances of the President & Trustees
of the Town of Danville or by this act shall be recoered[recovered] in the name of the President & Trustees of the Town of Danville or by this act shall be recovered in the name of the President before any
<Page 9>
before any Justice of the peace resideing in the said Town, and when the amount of the fine, penalty or forfeiture is not specifficully defined by ordinance or by this act, the Court trying the Case shall say shall say what the amount shall be & execution shall issue forthwith & be levied on the goods
& Chattels of the person or persons Convicted to be found in the County of Virmillion & if no goods & Chattels be found upon which to levey a Ca. Sa.[Writ of Capias ad Satisfaciendum] may be issued against the body of any delinquent, offender or offenders who shall
be imprisoned in the County Jail twenty four hours for a fine of five Dollars or less,
forty Eight hours for a fine of Ten Dollars & not less than five dollars, & twenty
four hours for each additional five dollars of fine as aforesaid
Sec. 21st
The President & Trustees of the Town of Danville shall have power to pass any ordinance for the government of said Town for the preservation of the peace, good order, security &c[etc] not repugnant to the laws of this State & all ordinances & acts passed by the president & trustees aforesaid shall be obligatory
upon & cognizable by the several Courts of this State & Justices, Sheriffs & Constables in the County of Vermilion & all other persons within the limits of said Town to all intents & purposes as the acts of the general assembly of the State of Illinois, and it shall be the duty of all officers aforesaid to complain before any justice
of the peace as aforesaid without ^under^ oath of any violation of the laws of said Corporation which may come to their knowledge
& it shall be competent for any person to lodge a compla[int]
<Page 10>
for any violation of the said laws witho[ut] an oath being required by said justice whose duty it shall be forth with to require
the party so violating to appear before him
Sec. 22nd
All funds in the hands, or which may come to the hands of the late Trustees of said
Town are hereby declaired to be vested in the Trustees hereby appointed. Provided that if a majority of the
legal voters, within the limits of said corporation shall at the first regular election
for Trustees of said town, vote against being incorporated under this act, then this act shall be void to intents
and purposes; And provided further that a majority of the legal voters of said Corporation
shall have power at any regular election of Trustees to dissolve the same.
[ docketing
]
11
[ docketing
]
No 30
[ docketing
]
01/01/1839
01/01/1839
3
[ docketing
]
01/01/1839
01/01/1839
Com. on Judiciary
[ docketing
]
12/28/1838
12/28/1838
Engrossed.
[ docketing
]
01/04/1839
01/04/1839
passed
Handwritten Document, 10 page(s), Folder 4, HB 7, GA Session 11-1, Illinois State Archives (Springfield),