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Sec[Section] 1 Be it enacted by the people ^people^ of the state of Illinois represented in the General Assembly, That, The resident inhabitants of the town of Tremont in Tazewell County are hereby constituted a body politic and corporate to be known by the name of the
President and Trustees of the town of Tremont, and by that name shall be known in law and have a perpetual succession may sue and
be sued[,] plead and be impleaded[,] defend and be defended in courts of Law and equity, and in all actions and matters
whatsoever may grant[,] purchase[,] receive[,] and hold real estate and personal property within the limits of said town and no other, Burial Ground excepted, may sell and convey the same for the benefit
of said town, they shall have power to lease any lands, that now are or which may hereafter be
reserved and appropriated to the use of said town, and to do all other lawful acts as natural persons, may have a common seal and
alter the same at pleasure.
Sec. 2. That the limits of the said town of tremont shall include all the district embraced in the town plat of the original town of
tremont, and the several additions to said town, the plats of which have been recorded pursuant to law.
Sec 3. That the corporate powers and duties of said town shall be vested in five
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Trustees who shall form a board for the transaction of Business, they shall be elected
annually on the second monday in ^
in
^ in August by the persons in said town qualified to vote as herein after provided to serve for one year and until their successors are elected and qualified.
They shall be Citizens of the United states, twenty one years of age shall possess
a freehold estate within the limits of said corporation, and shall have been resident in said town one year next proceeding their election.
Sec 4 That James L Wilson, John A. Jones[,] Ralph Kipp, Albert S. Foles[,] and Joseph C Parker be and they are hereby declared trustees of said town, to serve until the second Monday in August next, and until their successors shall
be elected and qualified.
Sec 5 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 elections and
returns of their own members, a majority shall constitute a board to do business but
a small number may adjourn from day to day, and may compel the attendance of absent
members, and under such penalties as the board may provide they may determine the
rule of proceedings punish the members for disorderly conduct, and by a vote of two
thirds of the whole number elected expel
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a member ^and make^
elected expel a number and make such other rules and regulations for their own government as to them may
seem proper and expedient.
Sec 6 No person shall vote for Trustee of said town unless he be qualified to vote for representatives for the General Assembly and shall be liable to pay a corporation tax for the then current year, and shall
have resided in said town for at least three months next proceeding the election at which he offers his vote.
Sec 7 The board of trustees shall have power to levy and collect a tax on all real
estate and personal property within said Corporation not exceeding twenty five cents on the hundred dollars upon the assessed value thereof
to make regulations to secure the general health of the inhabitants, to prevent and
remove nuisances, to establish night watches, to erect lamps ^lamps^ in the streets and light the same, to restrain and prohibit shooting, horse racing,
houses of ill [fame?] gambling and other disorderly houses to provide licensing and regulating or prohibiting
theatrical, and other shows or amusements to regulate and license Inn Keepers, Grocers,
, and auctioners, to establish and regulate markets and market houses to widen and keep in repair
streets
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side walks, lanes[,] and alleys[,] drains[,] and sewers to keep the same clean and free from encumbrances to dig wells erect pumps
for the conveniance of the inhabitants, to regulate the storage of gunpowder, and all other combustible
materials to provide for the prevention and extinguishment of fires to regulate the
police of the town and the election of town officers, to fix compensations of town officers, and from
time to time to pass such ordinances to carry into effect the provisions of this act,
and the powers hereby granted as the good of the town may require, and which may not be inconsistant with the laws of the state. For the breach of any ordinance any Justice of the Peace within the county shall have power to hear and determine the aforesaid offence provided the same shall
be tried with the limits of the corporation and appeals may be taken and writs of castiorai allowed from any such Judgment, in the same manner as now is or hereinafter may
be provided by law for taking appeals from Judgements of Justices of the peace.
Sec. 8 That the board of Trustees shall make adequate compensation to any person or persons
who may be Injured by opening, widening, extending[,] or improving any street, alley[,] or side walk within the
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limits of the town under the provisions ^provisions^ of this act, to ascertain which, the board shall cause to be summoned twelve good
and lawful freeholders, and inhabitants of the town not directly interested, who after being duly sworn for that purpose shall inquire
and take into consideration as well the benefit as the injury that may accrue to the
party and estimate and assess the damages which would be sustained by reason of the
opening extending, widening grading[,] or improving of any street[,] avenue, lane, alley, or side walk and shall moreover estimate the amount which
other persons will be benefitted thereby and may contribute towards paying persons
injured all of which they shall return to the board of trustees under their hands
and seals, and the person or persons who shall be be benefitted and so assessed shall pay the same in the same manner or shall be provided
and the residue of any shall be paid out of the town treasury.
Sec 9 That the President and Trustees of said town have a right to borrow on the credit of the corporation any sum not exceeding one thousand dollars for the purpose of erecting school houses
market Houses digging public wells erecting pumps in streets and for
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making and improving public roads situated within two miles from town which the trustees shall think for the best interest of the town, and to receive donations for the purpose of carrying into effect any or all of the
objects contemplated by the provisions of this act.
Sec 10 The officers of said corporation in addition to the Trustees shall consist of one clerk, one Treasurer[,] one collector[,] one constable[,] and three assessors and one street commissioner and such other officers as the Trustees
of said town may deem necessary who shall receive such compensation and fees as the board of Trustees
shall prescribe.
Sec 11 It shall be the duty of the board of Trustees in such manner as they may hereafter
provide to give notice of all town meetings, to be held whether ^whether^ for the election of trustees or any other purpose arising under the provisions of
this act by posting up notices in three of the most public places in said town and stating the object of such meeting provided however that not less than three
days notice shall in any case be given.
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Sec. 12 All ordinances shall be posted up in three of the most public places in said
town within ten days after they hall be passed, and if there be a newspaper published in said town shall also be published therein within ten days.
Sec 13 That the board of Trustees shall have power to adopt such modes and means for
the assessment and collection of Taxes as they from time to time shall fix upon, and
determine and prescribe the manner of selling property when the tax levied upon it
is not paid, Provided however that no Sale ^sale^ of any town lots or other real estate shall be made until public notice of the time
and place shall be given by advertisement in a newspaper printed in said town or county if there be any published and by posting up written notices in three of the most
public places in the town if there be no paper published therein at least fifteen days previous thereto.
Sec 14 That when any real estate in said town shall have been sold by authority of the corporation for the non payment of any tax that may have been levied upon the same shall be subject
to redemption by the owner or owners
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thereof[,] his[,] her[,] or their agent or agents within one Year after the same shall be sold by paying to
the Treasurer of the board of Trustees of said town for the use of the purchaser or purchasers double the amount of the taxes for which
the same was sold, together with the cost of such sale but should the said lots or
parts of lots or real estate so sold for the non payment of taxes as aforesaid not
be redeemed within the time specified then and in that event it shall be the duty
of the clerk of the board of trustees of said town to execute a deed under the corporate seal with with special warranty to the purchaser thereof for which and he shall have said purchaser
being paid, such fees as shall be prescribed by the trustees.
Sec 15 It shall be the duty of the board of trustees to cause to be paid to the owner
or owners of lots or real estate all money which may have been paid to the treasurer
by them over and above the amount of taxes for which they were sold and the cost of
selling the same.
Sec 16 The board of trustees for the purpose of keeping the streets clean
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and alleys in said town and corporate limits and the public Roads passing from and through said town in good repair, and to this end they are authorized to require every male inhabitant
of said town and incorporated limits, over the age of twenty one years and under fifty years of
age to labour in said streets and alleys and roads, not exceeding three days in each year, and
any person who shall be notified at least two days previous by the street commissioner
to perform such labour, so assessed as herein provided and shall fail or neglect to perform the same shall
forfeit and pay the sum of one dollar for each day neglected to be performed and the
street commissioner in said town is hereby authorized to prosecute such person in the name of the President and Trustees
of the town of Tremont before any Justice of the Peace in said town, and the said street commissioner shall be a competent witness against such delinquent
and in case of default as aforesaid the Justice shall render Judgment against the
defendant for the amount so forfeited with costs of suit and issue execution forthwith.
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Sec 17 That every officer of said corporation before entering upon 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
and this State and faithfully to discharge the duties of his office.
And provided always that the Treasurer, collector[,] and constable before they shall enter upon the duties of their offices file in the
office of the Clerk of said town a bond with security to be approved by the board of Trustees for the faithful performance
of their duties.
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[ docketing
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No 126
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[01]/[27]/[1840]
[01]/[27]/[1840]
Engrossed
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25
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01/30/1840
01/30/1840
Passed
[ docketing
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01/27/[1840]
01/27/[1840]
Jan 27
1John Moore introduced HB 223 in the House of Representatives on January 21, 1840. The House passed the bill on January 30. The House informed
the Senate of the bill’s passage, but the latter took no action.
Journal of the House of Representatives, of the Eleventh General Assembly of the State
of Illinois, at Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 226, 227, 263, 294; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at
Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 220.
Handwritten Document, 12 page(s), Folder 190, HB 223, GA Session 11-S, Illinois State Archives (Springfield, IL) ,