In force, Jan. [January]30, 1840.
AN ACT to incorporate the town of Carmi.1
Body politic and corporate
Name and style
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 Carmi in White county, are hereby made a body corporate and politic, in law and in fact, by the name and style of the “President and Board of Trustees of the town of Carmi,” and by that name shall have perpetual succession, and a common seal, which they may alter at pleasure, and in whom the government of the corporation shall be vested, and by whom its affairs shall be managed.
Sec. 2. The boundary of the said corporation shall include all that country contained within the limits of the plat of the town of Carmi, as of record in the recorder’s office of the county of White.
Annual election for trustees
Term of office
Notice of elections
Qualifications of trustees
Qualifications of voters
Election of president
Vacancies how filled
Other officers of town
Duty of constable
Sec. 3. That there shall, on the first Monday of May next, be elected seven trustees, and on every first Monday of May thereafter, who shall hold their offices for one year, and until their successors are duly elected and qualified; and public notice of the time and place of holding said election, shall be given by the president and trustees, by an advertisement published in a newspaper in said town, or posting it up in at least four of the most public places in said town. No person shall be a trustee of said town, who has not arrived at the age of twenty-one years, who has not resided in said town six months next preceding his election, and who is not, at the time thereof, a bona fide freeholder, and moreover, who has not paid a cor-
<Page 2>poration tax; and all free white male inhabitants, over twenty-one years of age, who have resided in said town three months next preceding an election, shall be entitled to vote for trustees. And the said trustees shall, at their first meeting, proceed to elect one of their body president, and shall have power to fill all vacancies in said board which may be occasioned by death, resignation, removal, or six months’ absence from the town; and to appoint a clerk and assessor, a treasurer, a street inspector, and a town constable, to give bond and security in such amount as the trustees may require. And the said town constable shall take an oath, or affirm before some justice of the peace, that he will faithfully discharge the duties of said office; and it shall be his duty to collect all fines, and to serve all processes at the suit of the corporation, and to do such other matters and things pertaining to the office, as may be required of him by the ordinances and by-laws of said corporation.2
May hold lands
Improvement of streets
Compensation to persons injured
Persons benefitted to pay assessment
Sec. 4. The said corporation is hereby made capable, in law, to take and hold to themselves and their successors, any lands, tenements, hereditaments, and the rents, issues and profits thereof, which may be necessary for the erection of any market house, or other public buildings, to promote the interest and public good of the citizens of said town, and the same to sell, grant and dispose of, if necessary. They shall also have power to regulate, to grade, pave and improve the streets, lanes and alleys, within the limits of saidtown and corporation; 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 six good and lawful men, freeholders and inhabitants of said town, not directly interested, who (being first duly sworn for that purpose,) shall enquire into and take into consideration as well the benefits as the injury which may accrue, and estimate and assess the damages which would be sustained by reason of the opening, extending, widening, 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 person 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, and the residue, if any, shall be paid out of the town treasury. And they shall sue and be sued, plead and be impleaded, answer and be answered, in any court whatever.
Rules and by-laws
Sec. 5. The trustees aforesaid, and their successors, or a majority of them, shall have full power and authority to ordain and establish such rules and regulations for their government and direction, and for the transaction of the business and concerns of the corporation, as they may deem expedient; and to ordain and establish, and put into execution such by-laws, ordinances and regulations, as shall seem neeessary for the
<Page 3>government of said corporation, and for the management, control, disposition and application of its corporate property, and generally to do and execute all and singular such acts, matters and things, which to them may seem necessary to do, and not contrary to the laws and constitution of this State.
To license shows &c.[etc]
Sale of lots for taxes
Sec. 6. The said trustees shall have power to levy and collect a tax not exceeding one half of one per cent. on all lots and improvements, and personal property lying and being within the incorporated limits of said town, according to valuation; to tax public shows and houses of public entertainment, taverns, stores and groceries, for the purpose of making and improving the streets and keeping them in repair, and for the purpose of erecting such buildings and other works of public utility, as the interest and convenience of the inhabitants of said town may require, and the circumstances render proper and expedient. And said 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 is not paid: Provided, No 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 the newspapers, or at four of the most public places in said town, at least fifteen days previous thereto: Provided also, All the provisions applicable to such sale of the law, entitled an act concerning the public revenue, in force February 26, 1839, shall be complied with.3
Breaches of by-laws, how punished
Fines, how recovered
Suits, how brought
Sec. 7. That the trustees of said town, 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 houses, horse-racing, shooting, and all disorderly houses, and riotous meetings; to remove obstructions in the streets and public ways, and all nuisances, 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 breach thereof, which fines shall be recoverable before any justice of the peace residing in said town. And all suits and judicial proceedings, under this act, shall be brought in the name and style of the President and Board of Trustees of the town of Carmi.
Duties of justices peace
Appeals from judgment
Sec. 8. It shall be the duty of any justice of the peace residing in said town, and he is hereby authorized and empowered, upon the violation of any law or ordinance of said corporation, to issue his warrant, directed to the town constable, or any authorized county officer, to apprehend the offender or offenders, and bring them or him forthwith before him; and after hearing the evidence, if it shall appear that the said accused has been guilty of the violation of any 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 five dollars, and imprisonment, not
<Page 4>to exceed twenty-four hours: Provided, however, That writs of certiorari and appeals shall be granted from judgments under this act, as in other civil cases; and in all criminal cases, the defendant shall be entitled to any appeal to the circuit court, by entering into bond or recognizance, as the case may require, before the justice of the peace, within twenty days after the rendition of the judgment, with such securities and in such an amount as the justice may think right and proper; and all fines imposed for a breach of the peace or violation of the corporation ordinances, shall be paid into the treasury of said corporation.
Redemption of lots sold for taxes
Sec. 9. That when any town lots or 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 purchase money, with interest at the rate of twelve per cent. per annum, together with costs accruing thereon.
Special tax to grade & pave streets
Sec. 10. That upon the application of the owners of two-thirds of the front lots 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 said street or parts of a street, according to their respective fronts, not to exceed one per cent., for the purpose of grading and paving the side walks on said street.
Ordinances, how made public
Sec. 11. 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.
Fees of officers
Sec. 12. 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.
Meetings of board of trustees
Sec. 13. 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 a majority shall constitute a quorum to do business, but a minority shall have power to adjourn from time to time, and compel the attendance of absent members, and in the event that the notice of an election is not given, as required by this act, or from any other cause, that an annual election should 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, as aforesaid, 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.
This charter to be voted for or against
Corporation may be dissolved
Sec. 14. The qualified voters, within the corporation, shall, at the first annual election for trustees, vote for or against
<Page 5>becoming incorporated under the provisions of this act; and if tw0-thirds of all the votes given at said election is in favor of being incorporated, then this act to be in force, otherwise to be null and void. This incorporation may, at any regular annual election for trustees, be dissolved by two-thirds of the votes given being in favor of such dissolution, then this act shall be null and void.4
Approved, January 30, 1840.
1On January 21, 1840, William H. Davidson introduced the bill in the Senate, and the Senate referred the bill to the Committee on the Judiciary. On January 27, the committee reported back the bill with an amendment, in which the Senate concurred. The Senate passed the bill as amended. On January 28, the House of Representatives passed the bill. On January 30, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1839. 11th G. A., special sess., 259, 268-69; Illinois Senate Journal. 1839. 11th G. A., special sess., 202, 216.
3On February 8, 1841, the General Assembly enacted an act that authorized the board of trustees to levy and collect taxes from peddlers.
Printed Document, 5 page(s),
Laws of the State of Illinois, Passed by the Eleventh General Assembly, at their Special Session (Springfield, IL: William Walters, 1840), 70-74, GA Session: 11-S,