1
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 Petersburg in Menard County are hereby made a body corporate and politic, in law and in fact by the name of the
President and Trustees of the town of Petersburg; and by such name and style shall be forever able and capable in law and in equity
to sue and be sued to plead and be impleaded, to answer and be answered unto defend
and be defended in all manner of suits, actions, plaints, pleas, causes[,] matters[,] and demands of whatever kind or nature may be, in as full and effectual a manner
as any person or persons bodies corporate or politic can, or may do and by the name
and style aforesaid shall have perpetual succession and may have and use a common
seal which they may alter or revoke at pleasure.
Sec. 2. The corporate powers and duties of said town shall be vested in five Trustees, to be chosen and appointed as hereafter directed,
who shall form a board for the transaction of business.
Sec. 3. That James Taylor. John Mc Neal. Adna Humphrey. George A. Davidson. and John Dickey are hereby appointed trustees and shall hold their offices until the first Monday
of
July
^in the month of March^ next and the members composing the board of trustees thereafter shall be elected on the first Monday of
July
^in the month of March next and
^, in each year thereafter to serve for one year and until their successors are duly
elected and qualified. They shall be at least twenty one years of age, citizens of
the United States, and inhabitants of said incorporated limits, and bona
fide free holders in said town; and
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shall have power to fill all vacancies in their board which may be occasioned by death[,] resignation[,] or otherwise.
Sec. 4. The Members composing the board of trustees shall be elected by the persons residing
within said town and incorporated limits, of the age of twenty one years, Citizens
of the United States and qualified voters for representatives to the legislature
Sec. 5. That the board of trustees shall appoint their President and all other officers
of their board, and shall be judges of the qualifications, elections, and returns
of their own Members.; A majority shall constitute a board to do business; but a smaller
number may adjourn from day to day; May Compell the attendance of absent members in such manner and under such penalties as the board
may provide; they may determine the rules of proceeding, punish their members for
disorderly conduct, and, by the concurrence of three fifths of the whole number elected,
may expell a member, and make such other rules and regulations for their own government as to
them may seem proper and expedient.
Sec. 6. That 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 incorporation, not exceeding the one half of one per cent. upon
the assessed value thereof, except as hereafter excepted; to prevent and remove nuisances;
to provide for licensing, taxing[,] and regulating auctions, taverns, groceries, pedlers, theatrical and other shows and amusements; to restrain and prohibit gaming
houses,
and all other disorderly houses; to establish and regulate Markets; to grade, pave, open,
and keep in repair streets, avenues, lanes, alleys, drains, and sewers, and to keep
the same clean; to require
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bond and security of Town Officers for the faithful performance of their duties; to
regulate the police of the town; to regulate the election of town officers and fix their compensation; and from time
to time to pass such ordinances to carry into effect the objects of this act, and
the powers hereby granted, as the good of the inhabitants may require; and to impose
fines and forfeitures for the breach of any ordinance, and provide for the collection
thereof; and that in all cases arising under this act, or growing out of the by-laws
and ordinances made in pursuance of this act of incorporation any Justice of the peace
within the county of Menard shall have jurisdiction to hear and determin the same; and an appeal may be taken and writs of certiorari allowed from any such decission in the same manner as now is or hereafter may be provided by law for appealing from
judgments of Justices of the peace.
Sec. 7. That the board of trustees shall have power to pass such by-laws or ordinances
from time to time as to them may seem expedient which are not incosistant with any public law of this state.
Sec. 8. That all ordinances of said trustees shall be fairly written out, signed by the
clerk, and published in some newspaper in said 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 at least ten days
previous.
Sec. 9. That the board of trustees are also vested with power to declare what shall be
considered a nuisance within said incorporated limits; to prevent the running
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and indecent exhibition of horses or Jacks within the limits of said incorporation; to provide for the trial and punishment of persons who may be engaged in assaults assaults and batteries, and affrays, within the limits of said incorporation; and to provide that such punishment may be inflicted for any offence against the
laws or ordinances of the Corporation, as is or may be provided by law for like offences
against the laws of the state: Provided That no person shall be deprived of the right of trial by jury in any case where
such person would be entitled to a trial by a jury for a like offence against the
law of the state.
Sec. 10. That the board of trustees shall have power to provide for the punishment of
offenders by imprisonment in the county jail in all cases where such offenders shall
fail or refuse to pay fines which may be assessed, or forfeitures or penalties which
may be recovered: Provided That nothing herein shall be so construed as to prohibit persons from availing themselves
of the benefit of any insolvent act which now is, or hereafter may be passed by the
legislature of this state, if such persons would be entitled to such discharge for a like offence against the
laws of the state: And Provided
also, That no person shall be imprisoned under the provisions of this act for a longer
period than twenty four hours for every five dollars of any fine assessed, or forfeiture
or penalty recovered.
Sec. 11. That the board of trustees shall have power to provide for the punishment of
persons who may at any time disturb the peace of the inhabitants of the town, or the deliberations or proceedings of any public meeting in said town or [...?]
the board of trustees when in session.
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Sec. 12. That the lot, in front of which any side walk is made shall be taxed to pay
at least one half of the expense of making such side walk, in addition to the regular
tax which shall be assessed, and collected in the same manner as other taxes are.
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 may from time to time fix upon and
determin and to proscribe the manner of selling property when the tax on the same is not paid:
Provided, That no sale of any town lot, or other real estate, shall be made until public notice
of the time and place shall be given by advertisement in a newspaper in said town, or by posting up written notices there of in three of the most public places in said town at least fifteen days previous thereto.
Sec. 14. That when any town lot, or lots, or other real estate, shall be sold for taxes
by virtue of this act, the same may be redeemed at any time within two years from
the date of such sale, by the owner of said property, or his or her agent[,] executor, or administrator, paying to the treasurer of said town, for the use of the purchaser of said property, the full amount of the purchase money,
with interest at the rate of fifty per centum per annum, together with the costs accruing thereon.
Sec. 15. That the members of the board of trustees, and every other officer of said Corporation, shall, before entering upon the duties of their respective offices, take an oath
or affirmation, (before some officer, authorised by the laws of this state to administer oaths,) to support the constitution of the United States, and of this
state, and faithfully
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to discharge the duties of their offices respectively.
Sec. 16. That the board of trustees shall have power to appoint a town Constable and
authorise him to execute all writs, process, and precepts which may be issued against persons
for a violation of the laws or ordinances of the Corporation, and to arrest on view, all persons who shall violate such laws or ordinances; to
collect all fines, forfeitures, and penalties which may be assessed or recovered,
for the use of the Corporation; and to require bond and security of said Constable in such such sum as they may think proper; said constable to hold his office during the pleasure
of the board of trustees.
Sec. 17. That the board of trustees, for the purpose of keeping the streets and alleys
in said town, and the public roads passing through the same, in good repair, and to this end they
are authorised to require every male resident within the limits of said Corporation, over the age of twenty one years, to labor in said streets, alleys, and roads, not
less than two nor more than four days in each year; and any person who shall be notified
by the street Commissioner to perform such labor, so assessed, as herein provided,
and shall fail or neglect to perform the same, shall forfeit and pay the sum of seventy
five cents for each days labor neglected to be perform; and the street Commissioner
in said town is hereby authorised to prosecute such delinquent persons in the name of “the President and Trustees of
the Town of Petersburg” before any Justice of the peace in the county of Menard; and said street Commissioner shall be a competent witness against said delinquent.
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Sec. 18. That all fines, forfeitures, and penalties, authorised to be assessed by this act may be recovered in an action of debt, in the name of
the “The President and Trustees of the Town of Petersburg” before any Justice of the peace in said county; Provided, That no such fine, forfeiture, or penalty, shall exceede fifty dollars.
Sec. 19. That for the purpose of carrying into effect the aforesaid powers, the said
trustees are hereby authorised to define the boundaries of said Corporation, Provided, That the same shall not exceede one mile square.
Sec. 20. That Justices of the peace and constables who are required to 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, in other cases.
Sec. 21. This act shall take effect, and be in force from and after its passage.
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[ docketing
]
[12]/[27]/[1839]
[12]/[27]/[1839]
Refd select com
[ docketing
]
11
[ docketing
]
[01]/[03]/[1840]
[01]/[03]/[1840]
ordered to be Engrossed
[ docketing
]
42
1Thomas J. Nance introduced HB 57 in the House of Representatives on December 27, 1839. The House referred the bill to a three-person select committee
that included Abraham Lincoln. The select committee reported back the bill on January 3, 1840, recommending its
passage. The House passed the bill on January 27. 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), 91, 123-24, 206, 260; 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), 189.
Handwritten Document, 8 page(s), Folder 56, HB 57, GA Session 11-S, Illinois State Archives (Springfield, IL) ,