Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the district of the country known as section thirty-six, in township thirty-four north, and range eight, east of the third principal meridian, in the county of La Salle; and section thirty-one, in township thirty-four north, range nine east, in the county of Will; and the west half of the northwest quarter of section six, in township thirty-three north, range nine, east of the third principal meridian, in the county of Will aforesaid, shall be known and distinguished by the name of the town of Kankakee; and that Thomas F. Jenkins, John Beard, senior, James L. Young, George Webb, and Luther S. Robbins, shall be, and hereby are, declared to be the trustees of the said town, and shall hold their offices until after trustees shall be elected as hereinafter provided.

Sec. 2. That the inhabitants residing within said town, qualified to vote at elections, may meet on the first Monday in May annually, at such place, in the said town as the trustees, or a majority of them shall appoint, by a notice to be put up in at least three public places in said town at least five days before such election, or in at least two numbers of one of the weekly newspapers of said village, next preceding such election; and then proceed to elect five discreet persons, citizens of the United States, to be trustees of the said town; and the said trustees hereby appointed, and the said trustees hereafter to be elected, shall possess the several powers and rights hereafter specified.

Sec. 3. That the inhabitants residing within the limits aforesaid are hereby ordained, constituted, and appointed and declared to be from time to time, and forever hereafter, a body politic and corporate, in fact and in name, by the name of “The trustees of the town of Kankakee;” and by that name they and their successors, forever, shall and may have perpetual succession, sue and be sued, plead and be impleaded, in courts of law and equity, and in all actions and matters whatsoever; and shall, in law, be capable of purchasing, holding, receiving, and conveying any real or personal estate for the use of the said town, and of erecting public buildings; may have a common seal; that break and alter the same at pleasure.

Sec. 4. That 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. A majority shall constitute a quorum to do business; and they may make such rules and regulations for the government of their board as they may think proper.

Sec. 5. That the board of trustees shall have power to levy and collect taxes upon real estate in said town, not exceeding the one-half per centum on the assessed value thereof,

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except as hereinafter excepted; to make regulations to secure the general health of the inhabitants; to prevent and remove nuisances; to regulate and license ferries within the corporation; to erect and to keep in repair bridges across the Kankakee and Des Plaines rivers, and to impose and collect reasonable tolls for the same; to restrain and prohibit gaming-houses, bawdy-houses, and other disorderly houses; to build market-houses, establish and regulate markets; to open and keep in repair streets, avenues, lanes, alleys, drains and sewers; to keep the same clean and free from incumbrances; to establish and regulate a fire department, and to provide for the prevention and extinguishment of fires; to regulate the storage of gun-powder and other combustible materials; to erect pumps and (sink) wells in the streets for the convenience of the inhabitants; to regulate the police of the town; to regulate the election of the town officers, and to fix their compensation; to improve the navigation of the Kankakee river, to receive tolls; to organize steamboat and transportation companies, and erect warehouses; 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 enforce fines and forfeitures for the breach of any ordinances, and to provide for the collection thereof: Provided, That said trustees shall in no case levy a tax upon lots owned by the State.

Sec. 6. To levy and collect a special tax on the owners of the lots streets or parts of a street, according to their respective fronts, for the purposes of ditching, grading or paving the side-walks on said streets.

Sec. 7. 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, making the persons injured 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 inquire into and take into consideration as well the benefits as the injury that may ensue, and estimate and assess the damages which would be sustained by reason of the opening, extension, or widening any street or avenue, lane or alley; and shall moreover estimate the amount which 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, if any, shall be paid out of the town treasury; nor upon any lot which may be sold by the State until authorized by law.

Sec. 8. That all ordinances shall, within ten days after they are passed, be published in a newspaper printed in said town, or posted in three of the most public places thereof.

Sec. 9. That the officers of said town, in addition to the trustees, shall consist of one clerk, one street commissioner, one treasurer, one assessor, and collector of taxes, one town surveyor, two measurers of wood and coal, two measurers of lumber, one sealer of weights and measures, to be appointed by the board of trustees, and such other officers as the trustees of said town may deem necessary for the good of said town; the duties of said officers to be prescribed by the trustees.

Sec. 10. That the treasurer and collector of taxes of said town shall severally, before they enter on the duties of their respective offices, execute bonds to the trustees of said town, in such sum and with such sureties as the said trustees shall approve, conditioned that they shall faithfully execute the duties of their respective offices, and account for and pay over all moneys received by them, respectively.

Sec. 11. After the assessors shall have completed the assessment in the manner directed by the trustees, he shall file a copy of the assessment roll with the board of trustees, who shall immediately give due notice thereof; and in case of nonpayment of taxes on any of the real estate so assessed within sixty days after filing of said assessment roll, the collector may proceed to sell the premises on which such default is made, for the taxes and costs thereon, at any time within one year after filing of said assessment roll, in the same manner as sheriffs of counties in this State are authorized to sell real estate for taxes; and shall issue to the purchaser a certificate of the same: Provided, That when real estate in said town shall have been sold, by the authority of the trustees thereof, for the non-payment of taxes levied as aforesaid, 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 double the amount of the taxes for which the same was sold, together with costs for the selling of the same; but should the said lots or real estate so sold not be redeemed within the time specified, then it shall be the duty of the president of the board of trustees of said town to execute a deed, with a special warranty, signed by the president of said board, 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 purchasers of lots, all moneys which may have been paid to the treasurer over the costs of selling the same.

Sec. 13. The members of the board of trustees, and every officer of the corporation, shall, before entering on the duties of his office, take an oath or affirmation, before some justice of the peace, to support the constitution of the United States and of this State, and faithfully to execute the duties of their respective offices.

Sec. 14. The trustees of said town are hereby authorized and empowered to effect a loan, not exceeding ten thousand dollars, to be expended in the erection of bridges or other improvements for the benefit of the said town; for the redemption of said loan, and the payment of the interest thereon, and for the repayment of the said loan, to levy an actual tax upon the real property within the said town, not exceeding in any one year the annual interest upon the sum so loaned and one-fifth part of the principal.

Approved, February 27, 1839.