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 Rushville, in the county of Schuyler, are hereby declared to be a body corporate and politic, by the name and style of “The president and trustees of the town of Rushville;” and, by that name, they and their successors shall be known in law, have perpetual succession, sue and be sued, plead and be impleaded, defend and be defended,

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answer and be answered unto, in all courts of law and equity, and in all matters of action whatsoever; may grant, purchase, and receive, and hold property, real or personal, within the said town, and no other, (burial grounds excepted,) and may lease, sell, and dispose of the same for the benefit of the town; and may do all other acts as natural persons; may have and use a common seal, and break and alter the same at pleasure.

Sec. 2. The corporate powers and duties of said town shall be vested in seven trustees , (to be chosen and appointed as hereinafter directed,) who shall elected one of their number president, and shall form a board for the transaction of business.

Sec. 3. The members composing the board of trustees shall be elected annually, on the first Monday in the month of May, by the citizens residing within the limits of said town or corporation qualified to vote for Representatives to the General Assembly, to serve for one year, and until their successors shall be elected and qualified. They shall be at least twenty-one years of age, citizens of the United States and of this State, and inhabitants of said town, and shall possess a freehold estate within the limits thereof. Public notice of the time and place of holding such election shall be given, by advertisement in some public newspaper printed in said town, or by advertisements posted up in four of the most public places, at least ten days previous to the election. The present board of trustees for said town shall cause such notice to be given, and they, or a majority of them, shall be inspectors of the first election under this act; and all subsequent elections shall be held in such manner as shall be prescribed by the by-laws.

Sec. 4. The board of trustees shall appoint all officers of their board, and shall be judges of the qualifications, elections, and returns of their own members. A majority shall constitute a quorum to do business, but a smaller number may adjourn from day to day; may compel the attendance of absent members in such manner, and under such penalties, as the board may provide. They may determine the rules of proceedings, punish their members for disorderly conduct, and, by the concurrence of two-thirds of the whole number elected, expel any member; and make such other rules and by-laws for their own government as to them may seem proper and expedient.

Sec. 5. The board of trustees shall have power, by ordinance, to levy and collect taxes upon all real estate within the town and limits of the corporation, not exceeding one-half of one per cent. upon the assessed value thereof, except as hereinafter excepted; to make regulations to secure the general health of the inhabitants; to prevent and remove nuisances; to establish night-watches, erect lamps in the streets, and light the same; to provide for taxing and regulating theatrical and other shows within said corporation; to restrain and prohibit gaming-houses, bawdy-houses, and other disorderly houses;

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to build market-houses, establish and regulate markets; to open and keep in repair streets, avenues, lanes, alleys, drains, and sewers; 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 (dig) wells in the streets for the convenience of the inhabitants; to regulate the election of town officers, and define their duties; and, in general, to regulate the police of the town: Provided, That the said trustees shall in no case levy a tax upon lots owned by the county, nor upon any land until it shall have been laid off into town lots.

Sec. 6. The boundary of said corporation shall be one mile square, the centre of which shall be the public square in the said town of Rushville.

Sec. 7. The said trustees shall have power to regulate, to grade, pave, and improve the streets, avenues, lanes, and alleys, within the limits of said corporation, and to extend, open, and widen the same, making the persons injured thereby adequate compensation; to ascertain which the trustees 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 which may accrue, and estimate and assess the damages which will be sustained, by the opening, widening, or extending of any street, 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 persons who shall be benefitted, and so assessed, shall pay the same in such manner as shall be provided by the trustees; and the residue, if any, shall be paid out of the town treasury.

Sec. 8. The said trustees, 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-house, horse-racing, shooting, and all disorderly houses or riotous meetings or assemblages; for which purpose 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 breaches thereof; which fines shall be recovered before any justice of the peace of said town.

Sec. 9. It shall be the duty of any justice of the peace residing in said town, and he is hereby authorized and empowered, upon complaint being made to him, upon oath, of the violation of any law or ordinance of said corporation, to issue his warrant, directed to the town constable or to any authorized person, to apprehend the offender or offenders, and bring him or them forthwith before him; and, after

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hearing the evidence, if it shall appear that the accused has been guilty of the violation of an[y] such law or ordinance of the corporation, to impose such fine or imprisonment as shall be pointed out in such law or ordinance; Provided such fine shall not exceed ten dollars, and imprisonment not to exceed twenty-four hours: And provided, further, That appeals and writs of certiorari shall be granted from judgments rendered under this act as are now or shall be provided by law for appeals from judgments of justices of the peace; and all fines imposed for breaches of the peace, or violation of the corporation ordinances, shall be paid into the treasury of said corporation.

Sec. 10. The officers of said town, in addition to the trustees, shall consist of one clerk, one street commissioner, one treasurer, one assessor, and one collector of taxes, one measurer and weigher of wood, coal, or any other article, and such other officers as the said trustees may deem necessary for the good of said town.

Sec. 11. Upon the application of the owners of two-thirds of the real estate on any street or parts of a street, it shall be lawful for the board of trustees to levy and collect a special tax on the owners of the lots on the said street or parts of a street, according to their respective fronts, for the purpose of grading and paving the side-walks on said street.

Sec. 12. When any real estate in said town shall have been sold by the authority of the corporation thereof for the non-payment of any tax that may have been levied upon the same, the same shall be subject to redemption, by the owner or owners thereof, his, her, or their agent or agents, within two years after the same shall have been sold, on paying to the treasurer of the board of trustees of said town double the amount of the taxes for which the same was sold, together with costs for selling the same; but should the said lots or parts of lots so sold for taxes as aforesaid not be redeemed within the time specified, then, and in that case, it shall be the duty of the president of the board of trustees of said town to execute a deed of special warranty, signed by the president of the board, and countersigned by the clerk thereof.

Sec. 13. The board of trustees may adopt such modes and means for the assessment and collection of taxes as they may from time [to] time fix upon and determine; and to prescribe the manner of selling property when the tax levied upon it shall not be paid: Provided, No sale of any town lots or other real estate shall be made until public notice of the time and place of sale shall be given by advertisement in the newspapers, or at four of the most public places in said town, at least fifteen days previous thereto.

Sec. 14. The said trustees shall have the exclusive power of granting or withholding tavern or grocery licenses within the limits of the said corporation, any law to the contrary notwitstanding: Provided, however, That if license shall be granted

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by the said trustees to any tavern or grocery within the said corporation, the tax charged for such license shall be paid into the county treasury, or otherwise, as may be provided by law.

Sec. 15. That justices of the peace and constables who render services under this act shall be entitled to the same fees, and collect them in the same manner, as now is or hereafter may be provided by law.

Sec. 16. 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. 17. 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, in the event that the notice of an election shall not be given as required by this act, or, from any other cause, that an annual election shall 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 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.

Sec. 18. The trustees shall have power to fill all vacancies which may happen in their board in such manner as shall be prescribed by the by-laws: Provided, always, That this corporation may be dissolved at any annual election, two-thirds of the qualified voters of said town or corporation voting therefor.

Sec. 19. This act shall take effect from and after its passage.

Approved, March 2, 1839.