An act to amend the several Acts incorporating the Town of Galena
Sec[Section] 1. That the inhabitants ^and residents^ of the town of Galena in the County of Jo Daviess shall be and continue a body politic and corporate in fact and name under the style
of the City of Galena and as such and by that name shall have perpetual succession in law, may contract
and be contracted with, sue and be sued, complain and defend in any and all places
and Courts whatsoever may have and use a common seal, and alter the same at pleasure,
and do all acts as natural persons, and may have exercise and enjoy all the powers,
rights and priveleges and be subject to all the duties and obligations now pertaining to or incumbent upon
said Town except so far as the same be altered modified enlarged or restrained by this Act.
The limits and boundaries of the town of Galena as laid out by the Commissioners appointed by the General Government under the Act of Congress passed July 2d 1836, shall be the limits and boundaries of the City of Galena
Sec 2. The Corporate powers and duties of said City and ^the^ government and administration of all fiscal, prudential or municipal affairs of the said City
^thereof^ shall be vested in a Major and a Board of Aldermen to be chosen in manner hereinafter
provided
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and who shall constitute the City Council
Sec 3. The President and Trustees of the town of Galena shall as soon as practicable after the passage of this Act cause said Town to be divided into Wards, in such a manner as to include an equal number of inhabitants
in each ward as nearly as may be conveniently done, regard being had to streets or
other well defined bounds of such Wards and the same shall be entered upon the records
of the Town and published in the same manner as Corporation Ordinances of said Town are now required to be published. And it shall, thereafter be lawful for the City
Council, not oftener than once in each year to alter such divisions or wards, or to
increase the number thereof preserving, as nearly as may be conveniently done, an
equal number of inhabitants in each ward.
Sec 4. The City Council shall ten days before any annual election appoint three Judges
of Elections for each Ward, who shall remain in office one year and have the same
power as Judges of General Elections in this State, Provided that the President and Trustees of the Town of Galena shall appoint the Judges for the prior election under this Act.
Sec 5. The President and Trustees
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of the town of Galena, as soon as practicable after the acceptance of this Act, shall by ordinance fix
and determine the day of the first election, and also the day on which the Mayor and
Aldermen first elected shall enter upon the duties of their offices, and on the day
so to be fixed for the first election, and on the first Monday in March in each subsequent
year the white male inhabitants of Galena shall, in their respective wards, and at such hour and place or places as shall be
ordered by the President and Trustees for the first election and by the City Council
for all subsequent elections proceed to elect in such manner as the President and
Trustees for the time being or the City Council shall ordain some person to be Mayor
of said City and two persons in each ward, who shall be residents in the Ward for which they may
be elected, to be aldermen. Provided that no person shall be eligible to the office of Mayor, or Alderman who shall not
have resided within said Town or1 City for at least one year next immediately preceding his election or who shall be under
the age of twenty one years or who shall not at the time of his election be a householder
in said Town or City. And no other qualification shall be required.
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Sec 6 No person shall vote at any election under this Act, except in the ward in which
he resides at the time of such election, nor unless he shall have attained the age
of twenty one years and shall have resided within said Town or City for at least six months next immediately preceding such election. And every person
shall if required by any qualified voter, before he shall be permitted to vote, take
the following oath or affirmation before the Judges of Election or any one of them:
You swear (, or affirm) that you are twenty one years old;
that you have resided in the (Town) or City
of Galena for six months next immediately preceding this day; that you are now a resident of this ward and that you have not voted
at this election.
Sec 7 In all elections under this Act poll books shall be kept by the Judges of Elections
in their respective wards in the manner in which poll books of State elections are
required to be kept; one copy whereof shall certified by said Judges shall be returned forthwith to the Clerk of the City, who, upon receipt thereof shall file the same and the said City Council shall on
the day after such election meet and examine and compare all said returns and
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that person who shall have received the greatest number of all the votes cast for
Major, in all the wards of said City shall be Mayor for the ensuing year and till his successor shall be chosen and qualified.
And those two persons in each ward who shall have received the greatest number of
all the votes cast in their respective wards for aldermen shall be alderman for such
wards for one year and till their successors be chosen and qualified. And the said
City Council shall issue certificates of election under the seal of the Corporation to each person so elected and in said certificate shall specify a time not less than
three days nor more than seven days after such election, and a place within said Corporation, when and where the persons elected shall attend and take the oath or affirmation
of office. Provided in the first election under this act all the duties required to be performed by the
City Council and by the Clerk of the city shall be performed by the President and trustees of the town of Galena and by their Clerk respectively. Provided in case the first election under this act
shall not take place on or before the first Monday in Mar[ch] 1839 the Mayor and Aldermen chosen at sa[id] first election shall hold office till their successors be chosen and qualified under
this Act
Sec 8 Vacancies in the office of Mayor or Alderman shall be filled by special election
to be called by the City Council, and to be conducted in the same manner as annual
elections.
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Provided in case after the first election under this act at shall ever happen that
all the offices2 of mayor and Alderman be vacant, the Clerk of the City shall perform all the duties required to be performed by the City Council in relation
to elections. And further Provided that not less than ten days notice shall be given
of any annual or special election
Sec 9. After the first election under this Act the Mayor and aldermen shall enter upon
the duties of their offices on the second Monday in March in each year or as soon
after as practicable, previous to which the Mayor elect shall be sworn or affirmed
by some Judge or Justice of the Peace within the County of Jo Daviess to support the Constitution of the United States and of the state of Illinois and well and truly, to the best of his ability, to discharge the duties of his office.
And the Mayor or such Judge or Justice shall administer the like oath or
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affirmation to the several Aldermen and certificates of all such oaths ^or affirmations^ shall be entered upon the journal of proceedings.
Sec 10 In case the Mayor shall at any time be guilty of palpable omission of duty, or
shall wilfully and corruptly be guilty of oppression, mal-conduct or partiality in
the discharge of his office, he shall be liable to indictment in the Circuit Court
for Jo Daviess County and on conviction he shall be fined not less than two hundred dollars, and the Court
shall have power on recommendation of the Jury to add to the judgment of the Court
that he be removed from his office.
Sec 11 The Mayor shall preside at all meetings of the City Council and shall have a casting
vote and no other. In case of non attendance of the Mayor at any meeting, the Aldermen
shall appoint a chairman who shall preside at that meeting.
Sec 12 The Mayor or any two Aldermen may call special meetings of the City Council.
Sec 13 The Mayor shall at all times be active and vigilant in enforcing the laws and
ordinances for the
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government of said City; he shall inspect the conduct of all subordinate officers of said City, and cause negligence and positive violation of duty to be prosecuted and punished;
he shall from time to time communicate to the Aldermen such information and recommend
all such measurer as in his opinion may tend to the improvement of the finances, ^the police^ the health, security, comfort and ornament of the City. He is hereby authorised to call on every male inhabitant of said City over the age of eighteen years to aid in enforcing the laws and ordinances and in
case of riot to call out the militia to aid him in suppressing the same, or in carrying
into effect any law or ordinance. Any person who shall not obey such call of the Mayor
or of his agent shall forfeit to the said City a fine not exceeding fifteen dollars. The Mayor shall have power whenever he may
deem it necessary to require of any of the officers of the said City an exhibit of his books and papers. He shall have power to do all that may be required
of him by any ordinance made in pursuance of this Act. He shall also be ex officio a Justice of the Peace in said City and as
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as such he shall have power and authority to administer oaths, issue writs and process
under the seal of the cityHe shall have concurrent jurisdiction with all other Justices in all civil and Criminal
cases within the limits of said City and shall receive the same fees and compensation for his services. He shall have
power and authority to take the acknowledgment of deeds, mortgages and all other instruments
and certify the same under the seal of the City, all of which shall be good and valid in law. He shall also have such jurisdiction
as may be vested in him by ordinance of the City in and over all places within six miles of the boundaries of the City for the purpose of enforcing the health and Quarantine Ordinances and regulations
thereof and he shall receive for his services such salary as shall be fixed by an
ordinance of the City.
Sec 13. The Mayor and Aldermen shall severally be conservators of the Peace within the
City of Galena and as such shall severally have all the jurisdiction and powers of Justices of the
Peace in criminal matters.
Sec 15. In case the Mayor shall remove from said City his office shall be thereby vacatedIn case any Alderman shall remove from the ward in and for which he was elected his
office shall be thereby vacated. In case the Mayor elect, or any Alderman elect shall
refuse or neglect to attend at the time and place specified in his certificate of
election to take the oath or affirmation of office and shall not within seven days
after his election, offer a rea-
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sonable excuse for such non attendance or shall refuse to take the said oath or affirmation
his office shall be thereby vacated
Sec 16. At all meetings of the City Council a majority of all ^the alderman^
members elected shall constitute a quorum to do business, but a majority may adjourn from
day to day and compel the attendance of absent members in manner to be provided by
the City Council
Sec 17. The City Council are hereby declared to be the successors in office of the President
and Trustees of the town of Galena and may take and hold property in trust or otherwise
Sec 18. The city Council shall be Judges of the qualifications, elections and returns
of their members, and shall have power to make and enforce rules of proceeding: to
compel the attendance
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of absent members; to punish for disorderly conduct and by a vote of two thirds of
the Aldermen elected to expel any Alderman. But if such Alderman be reelected to fill
the vacancy occasioned by his expulsion, he shall not be again expelled for the same
offence
Sec 19 The City Council shall have full power and authority to assess, levy and collect
taxes upon all property real and personal within the limits of said City, except the wearing apparel of any person and the necessary implements and tools
of any person used in the exercise of his or her profession, trade or calling and
to regulate by ordinance the mode of collecting the same. Provided that no tax shall
exceed the yearly rate of one half ^cent^ per centum upon the assessed value of the property taxed.
Sec 20 All taxes may be collected by distress and sale of the property taxes and if there
be no purchaser the same may be bought by the City of Galena.
Sec 21 Whenever after paying all taxes due and all costs of sale
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and collection there shall remain any overplus of the money received from such sale
of any property for tax or taxes, such overplus shall be paid, without interest to
the owner or owners of the property sold, his, her or their representatives on demand.
Sec 22 All real property sold for any tax or taxes, by the City Council shall be subject
to the same right of redemption, and on the same terms as now are or may hereafter
be provided by the laws of this State for the redemption of real estate sold for taxes.
Sec 23 The said City Council shall have full and exclusive power and authority to license,
tax and regulate merchants, venders of goods or merchandise, tavern keepers, or dinaries, auctioneers, pedlers, hackney carriages, wagons, carts and drays, brokers of all kinds, common criers,
common porters and all ferries within said City. To tax license regulate restrain or prohibit theatrical or other shows grocers,
retailers, tippling houses, houses of entertainment, billiard rooms, billiard tables,
and the going at large of dogs, horses,
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cattle, swine, sheep and goats. To prohibit Steam locomotives from being run upon
any road or rail road within the inhabited parts of said City. To prohibit and restrain gaming and gaming houses. To prohibit the firing or discharge
^of any fire works within said City or^ of any gun or fire arm in said City except in defence of the person or family or property of any citizen, and except by any military company.
To establish night watches, and patrols. To erect lamps, sink wells, and erect and
repair and maintain pumps in the public squares streets and places. To construct widen,
alter, preserve or dis continue streets lanes ways squares drains and wharves, to
pave, macadamise and grade the same and remove obstruc^tions^ therefrom. To construct side walks at the expense of the owners of lots in front
of which the same shall be constructed or at the expense of the City. To regulate all weights and measures to be used in said City and seal the sameTo regulate parapet and partition walls and fences: to regulate the anchorage and
mooring of vessels. To regulate the erection of public and private wharves and the
rates of wharfage thereat. To improve reg-
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ulate and preserve the navigation of Fever river and the arms and branches thereof:
To inspect wood, building materials, coal, lime and provisions of all kinds. To regulate
guaging, the weighing of hay, the measure of coal wood and lime; To prevent forestalling;
To prevent and remove nuisancesTo prevent the introduction of contagious diseases and for this purpose to make health
and quarantine regulations and enforce the same in all places within six miles of
the boundaries of said City. To provide for preventing and extinguishing fires. To organise fire companies and appoint fire fire wards. To regulate the storage, sale and transportation of all combustible materials:
To take care of, preserve and regulate all burial=-grounds owned by the said City. To license tax or prohibit the sale of any lottery tickets within said City. To borrow upon the faith and pledge of the City so much money as they may deem necessary and expedient not exceeding Twenty thousand
dollars in any one year and to issue bonds, scrip or certificates therefor: the money
so borrowed to be expended and applied in liquidation of the debts of said Town or City and in the permanent and
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useful improvements thereof: They shall have power To3 take purchase and hold such estate real and personal as the uses and purposes of the City may require and to lease or sell the same.
Sec 24. The said City Council shall have power and authority to prevent and punish riots,
disturbances disorderly assemblages and disorderly houses, any open indecency, breaches
of the Peace Horse racing obstructing the streets side walks or public highways and
generally to regulate and maintain the police of said City.
Sec 25. That upon the application of the owners of two thirds of the front of the lots
on any street or parts of a street, it shall be lawful for the City Council to levy
and collect a special tax on the owners of the lots on said street or parts of street,
according to their respective fronts for the purpose of grading and paving the side
walks on said street, and upon similar application, to levy and collect a tax in the
same manner, for the purpose of erecting lamps and lighting the same.
Sec. 26. Upon complaint made on oath by any alderman or fireward to the Mayor or any
Justice of the Peace residing within the said City that he has reason to suspect and does suspect that any combustible materials are
stored in an unsafe way, or that any stovepipe flue or4 chimney is in an unsafe condition so that the safety of any building is endangered
thereby, said Mayor or Justice shall issue his Warrant directed to the Marshal or
his deputy ordering him after demand of entry in the name of the City at the door of the building named in said complaint and warrant, to enter said building
and there search for such combustible materials and examine such sto[ve] pipe flue or chimney and make return forthwith of his doings to the said Mayor or
Justice. And if upon examination of such return the said Justice shall
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find that the said complaint was true in substance the matters complained of shall
be abated or removed as nuisances in manner to be provided by ordinance and the occupant
of the building dealt with in manner to be provided by ordinance.
Sec 27 The said City Council, whenever in their opinion the safety or convenience of
the inhabitants of said City shall require it, are hereby empowered and authorised to alter or discontinue any
street, land, alley way, square, wharf or drain, or to lay out open or construct any
new street lane way square wharf or drain and for the purpose may take any land that
may be required for the same and remove any buildings whatever upon giving twenty
days notice thereof in any newspaper published in said ^city of^ Galena and the said street, lane, way, square wharf or drain being recorded in the records
of said City shall thereby be established as such. And the owner or owners or tenant for years
of any lands tenements or buildings that may be injured by such discontinuance or
alteration or that may be taken or removed shall receive such recompense for any damages
sustained thereby as the
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parties interested therein and the said City Council shall agree upon or as shall
be awarded by arbitration in case the parties shall submit the same to arbitration,
such submission in all cases to be made a rule of Court in the Circuit court for Jo Daviess County or in case of dis-agreement and refusal of any party to submit to arbitration such
recompense as shall be ordered and decreed by the said Circuit Court, sitting as a
Court of Chancery and which recompense or amount of damages shall be ascertained by
said Court in the following manner. Application to said Court either by said City
of Galena or any party interested in any lands tenements or buildings taken, removed or injured,
as owner or tenant for years, shall be by petition addressed to said Court sitting
as a Court of Chancery which petition shall be filed with the Clerk as Bills in Chancery
are, and shall state the facts of the case and the redress prayed for and the said
Court shall have power to make all necessary rules and orders and to bring all proper
persons as parties before said Court in order to make a final decree in and concerning
the premises.
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And said Court shall proceed by the examination of witnesses in open Court and by
depositions taken in the Cause to make a final decree and assessment of damages if
any: or on the application of said City or any party may cause the quantum of or right to any damages to be assessed by a
jury of
^in^ said Court without formal pleadings and render a decree accordingly.
Sec 28 Whenever any person or persons shall apply to the City Council praying for any
alteration of any street or for the opening of any new street, way, lane, square,
wharf or drain and the said Council shall see fit to grant such application, in whole
or in part, it shall be lawful for said City Council to settle and adjust with any
person or persons whatever the amount which shall be assessed and paid to the City
of Galena upon his or their property by reason of any benefit resulting from such alteration
or improvement and all contracts whatever in relation to the same shall be good and
valid.
Sec 27 The said City Council shall
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Sec 29 No street land way square wharf or drain shall be laid out or constructed in upon
or through any inclosure used or appropriated to the burial of the dead unless if
the same belong to the City the consent of the inhabitants be first had and obtained or if the same belong to
any religious or other society unless the consent of such society be first had and
obtained.
Sec 30 The said City council shall
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have power and authority to erect purchase, acquire, hold maintain and regulate hospitals,
jails, houses of correction, work houses, markets and other public buildings and places,
and shall also have power and authority to construct or to cause to be constructed
aqueducts or other waterworks for the purposes of bringing water within the said City, and to regulate and maintain the same. For which purposes private property may be
^
entered upon
^ taken and entered upon. Compensation for damages actually sustained thereby to be
made and adjusted as provided in section twenty seven.
Sec 31 The said City Council shall have power and authority to build and construct or
cause to be built and constructed and to keep in repair and maintain so many public
free bridges over and across Fever River and the branches thereof, within said City, as to them shall seem necessary and expedient, any law of this state to the Contrary
notwithstanding and lands and buildings may be taken or removed therefor in manner
provided in the twenty seventh section of this act and they shall have power to regulate
the manner in which said bridge
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or bridges shall be used so as to preserve the same. Provided nothing in this act
shall authorize said City Council or any other person to ask demand or receive any
rate or toll of or from any passenger over said bridge or bridges or of or from any
vessel or boat passing the sameAnd further provided that the said City Council shall be holden to make compensation
to any person whose land may be appropriated to the use of said bridge or bridges
or whose property may in any way be directly injured thereby which compensation shall
be as certained[ascertained] and determined in manner provided in the Twenty [seventh?] section of this act and not otherwise. And further provided that said City Council
shall be held to keep such bridge or bridges in good repair. And further provided
that all such bridge or bridges over and across the Main River shall be constructed either with an arch not less than forty five feet high above
ordinary high water by not less than one hundred feet span or with a draw not less
than sixty feet wide: And further provided
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that said City Council shall afford all necessary and proper accommodation to vessels
and boats that have occasion to pass such bridge or bridges by night or day and if
any vessel or boat be unreasonable delayed or hindered in passing the draw5 of any such bridge or bridges by the negligence of the said City Council or of their
agents in discharging the duties enjoined upon them by this section the owner or commander
of such vessel shall recover reasonable damage therefor of said City in action upon the Case.
Sec 32 The said City Council shall by virtue of their offices be Commissioners of Common
Schools in and for the said City of Galena and they shall also have full power and authority to establish maintain and regulate
such schools as they may think proper and expedient and all money arising from any
fund for the support of schools or for educational purposes either from the Government
of the United States or from the State of Illinois and to which the inhabitants of Galena
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may now or here after be entitled shall be paid to the Treasurer of the City of Galena to be expended by said City Council for purposes of education within the limits of
said City and for no other purpose.
Sec 33. No member of the City Council shall during the period for which he was elected
be directly or indirectly interested in any contract, the expenses or consideration
of which are to be paid from the City Treasury under any ordinance of said Council.
Provided nothing herein contained shall be construed to prohibit the Mayor or any
officer of said City from receiving his salary or fees as such officer.
Sec 34. The City Council shall at least ten days before any annual election under this
act publish in one or more newspapers in Galena a full and correct statement of the receipts and expenditures of the City from the date of the last annual statement, and therein shall set forth the particular
amounts received and from what sources and the purposes for which the same have been
expended, and the amounts due to and the amounts owed by said City together with a particular statement of all City property and such other information as
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may be necessary for a full and perfect understanding of the financial concerns of
the City.
Sec 35. The City Council shall in each year appoint one or more assessors a Treasurer,
a Collector, an attorney and Solicitor, a City Marshal, a Superintendant or ways and bridges and a City Clerk and such other officers as they may deem proper
and expedient and shall define their several duties and tenure of office, regulate
and prescribe the mode of appointing deputies fix and regulate their salaries and
fees and require all persons entrusted with the Collection custody or disbursement
of the public money or property to give such bond and sureties as may be necessary
to secure accountability in the affairs of said City, and all persons appointed to any office by the City Council shall before entering
upon the duties thereof be sworn or affirmed to the faithful discharge of the duties
of said office and which oath or affirmation shall be made before the Mayor of said
City or some Judge or Justice of the Peace residing in the County of Jo Daviess and a certificate of said oath entered upon the Journal of proceedings. The City
Marshal and his deputies appointed in manner to be prescribed by the City Council
shall possess the same powers and perform the same duties within the limits of the
city as the Constables in the different counties possess and perform and shall have such
further powers and perform such other duties as may be prescribed by any ordinance
of said City under this act, and in addition to the fees now chargeable by the County Constables said Marshal and his deputies may be allowed fifty per cent thereon.
Sec 36.
The said City Council shall have power and authority to pass all
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ordinances or by laws and to do all other acts and things necessary to give effect
and operation to the powers vested in the said City by this or any former act, or vested in said City as a Municipal Corporation by common law. Provided such ordinances be not repugnant
to the Constitution of the United States nor to the constitution or laws of this state.
Sec 37. The enacting style of all Ordinances or by laws shall be as follows Be it ordained
by the Mayor and Aldermen of the City of Galena in Council and all such ordinances and by laws shall be signed by the Mayor ^or in case of his absence from the City by the chairman of the Board meeting^ and the Clerk of the City shall countersign the same and certify the day of the passage thereof and such ordinances
shall not take effect till the third day after the same have been published in some newspaper in Galena or posted up in three of the most public places of said City. And all ordinances and by laws so passed and published shall be binding upon and
against all persons coming within the limits of said City as well as upon the inhabitants thereof.
Sec 38 All copies of such ordinances or by laws certified by the Clerk
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or Mayor under the seal of said Corporation, and all printed copies of the same purporting to be printed by authority of the
City Council shall be evidence in all Courts whatever. And all transcripts from the
record or Journal of the proceedings of the said City Council or of the said President
and Trustees of the town of Galena a certified by the Mayor or Clerk of the City under the seal of the Corporation shall be evidence in all Courts whatever in the same manner as if the originals were
produced
Sec 39. The said City Council may impose a fine or forfeiture not exceeding one hundred
Dollars for ^any^ one offence upon the breach or violation of any ordinance or by law of said City or upon the neglect or violation of any duty imposed by such by law or ordinance
and may also punish such violation or neglect by imprisonment not exceeding ten days
either in lieu of or in addition to such fine or forfeiture. And all fines forfeitures
or penalties imposed by this Act or by the Ordinances or by-laws of said City may be sued for and recovered in the name of the said City before any Justice of the Peace residing within the limits of said City ^by action of debt or otherwise^ and it shall be the duty of any Justice of the Peace residing in said City 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 City or of the neglect or violation of any duty imposed thereby to issue his Warrant
directed to the City Marshal or his deputy or in their absence to any authorized County
Officer to apprehend the offender or offenders and bring him or them forthwith before
him and if after hearing the evidence it shall appear that the accused has been guilty
of the violation of any such law or ordinance of said City or of neglect or violation of any duty imposed thereby to impose such fine or imprisonment
as may be pointed out in such by law or ordinance and in all cases where the amount
of such fine forfeiture penalty or impris-
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onment shall not be fixed by ^
the Ordinance of
^
said City Ordinance of said City the Court of Magistrate trying the same shall lay what the amount shall be, and in
all cases execution for the amount of such fine forfeiture or pecuniary penalty with
costs shall issue ^forthwith^ against the goods chattels or
^and^ body of the person or persons convicted which execution shall be levied on the gods
and chattels of said offender or offenders and if no such goods or chattels be found
he or they may be taken therein and imprisoned in addition to any imprisonment imposed
by such ordinance or by law or by the Court or Magistrate as above provided in the
County ^or city^ Jail forty eight hours for the first ten dollars of such fine or forfeiture or pecuniary penalty and twenty four hours for each additional ten dollars
thereof Provided however That writs of certiorari and appeals shall be granted from judgment under this act as in other civil cases;
and in all cases under this Act, the defendant shall be entitled to an appeal to the
Circuit Court by entering into bond or recognizance as the case may require, before
the Clerk of Circuit Court of Jo Daviess County, within twenty days after the rendition of the judgment, with such security and in
such an amount as the Clerk may think right and proper
Sec 40. In all cases where the penalty shall be pecuniary only and shall not exceed twenty
dollars the matter shall be tried and determined by the magistrate in all other cases
either party shall be entitled to a jury. Provided nothing in this Act shall be construed to
Sec 41. No trial shall be continued
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unless the defendant enter into recognizance to the said City with one or more sufficient sureties inhabitants of said City, conditioned for said defendants appearance pursuant to such continuance
Sec 426 No person shall be disqualified from being a Judge Juror Witness or officer in any
suit or action whatever under this act or under any Ordinance of the City Council
by reason of any interest he may have as an inhabitant of said City or as an officer thereof in any money or property to be recovered thereby.
Sec 43 The said City Council shall keep in repair all necessary public roads within the
limits of said City ^and one mile from the centre thereof^ and for that purpose shall have full and exclusive power and authority to call on
all able bodied men over the age of twenty one years residing in said City to perform three days labor on the roads and ways of the said City ^and within one mile of the centre thereof^ or to pay into the City Treasury the sum of one dollar for each day any person shall
omit or refuse to labor and said City shall have power to sue for and collect the same.
Sec 447 Each and every nonresident owner of real estate in said City shall pay at such time as the said
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City Council may require the sum of three dollars in each year for the repair of roads
and ways and in addition to other taxes and the real estate of such nonresident shall
be liable for the same as for other taxes
Sec 45 Whenever from any cause the annual election of Mayor and Alderman shall not be
duly held on the first Monday of March it shall be lawful for said inhabitants to
hold the same at any day thereafter upon the required notice being given.
Sec 46.8 From and after the first election under this Act the Court of County Commissioners
for the County of Jo Daviess shall wholly cease to have any power authority or jurisdiction within the corporate
limits of the City of Galena touching and concerning all matters and things over which the City Council are by
this Act declared to have full and exclusive power
Act 479 This Act to be a public Act and to take effect from and after the time the same shall
be accepted by a vote of the majority fo the inhabitants of said City. And the President and Trustees of the town of Galena shall at as early a day as practicable after the passage of this
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act cause the same to be published in all the newspapers in Galena and by at least ten days notice call upon all voters qualified by this act to vote
^at^ such time and place and in such manner as shall be directed in said notice, for or
against the acceptance of this act. And the said President and trustees shall appoint
Judges of said election as in other elections, and the said President and Trustees
shall forthwith by public notice declare the result of said election, and if this
act be accepted shall fix and declare a day of election for City officers, and a day
for the organization of City Government.
Provided
In case the first election under this act shall not take place on or before the first
Monday in March the Mayor and Aldermen [chosen?] at the first election shall hold office till their successors shall be chosen &
[...?]
^at the second election^ act, and no longer.
<Page 32>
<Page 33>
<Page 34>
[ docketing
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10
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Charter City of Galena
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]
01/16/1839
01/16/1839
2
[ docketing
]
[01]/[16]/[1839]
[01]/[16]/[1839]
refd Com Jud.
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]
[02]/[15]/[1839]
[02]/[15]/[1839]
3
Handwritten Document, 34 page(s), Folder 401, SB 89, GA Session 11-1, Illinois State Archives (Springfield),