Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General assembly, That all that district of country embraced within the ^4^ following boundaries, to Wit, beginning at the North East corner of the North West
quarter of section Thirty six in Township seven North of Range Nine west of the fourth
principal Meridian in the County of Hancock, and running thence South to the South East corner of the south West quarter of section
one, in Township six North of Range Nine west of the same Meridian, thence west of
the middle of the main channel of the Mississippi River, thence up the middle of said channel, to a point due west from the aforesaid place
of beginning, thence east to the place of ^4^ beginning, including the Town plats of Commerce and Nauvoo, shall hereafter be called and known by the name of the ‘City of Nauvoo”. And the inhabitants thereof are hereby constituted a body corporate and Politic
by the name aforesaid, and shall have perpetual succession and may have and use a
common seal, which they may change and alter at pleasure.
Sec. 2. Whenever any tract of Land adjoining the city of Nauvoo shall have been laid out into Town Lots, and duly recorded according to Law, the
same shall form a part of the city of Nauvoo.
Sec. 3. The inhabitants of said city, by the name and style aforesaid, shall have power to sue and be sued, to implead
and be impleaded, defend and be defended in all courts of law and equity, and in all
actions whatsoever; to purchase, receive[,]
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and hold property real and personal in said City; to purchase, receive[,] and hold real property beyond the city, for burying grounds, or for other public purposes for the use of the inhabitants
of said city; To sell, lease, convey[,] or dispose of property, real and personal, for the benefit of the City; to improve and protect such property, and to do all other things in relation thereto,
as natural persons.
sec. 4. There shall be a city council to consist of a Mayor, Four Alderman, and Nine councillors, who shall have the qualifications of Electors of said city, and shall be chosen by the qualified voters thereof, and shall hold their offices
for two years and until their successors shall be elected and qualified. The city
council shall Judge of the qualifications, elections[,] and returns of their own members, and a majority of them shall form a quorum to do
business, but a smaller number may adjourn from day to day, and compel the attendance
of absent members, under such penalties as may be prescribed by ordinance.
Sec. 5. The Mayor, Aldermen and councillors, before entering upon the duties of their
offices, shall take and subscribe an oath or affirmation, that they will support the
constitution of the United states and of this state, and that they will well and truly perform the duties of their offices, to the best
of their skill and abilities.
Sec. 6. On the first Monday of April
^February ^ next, and annually
^every two years ^ there after, and Election shall be held for the Election of One Mayor, Four Aldermen, and nine councillors;
and at the first election under this act, Three judges
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shall be chosen viva
voce by the Electors present; the said judges shall choose two clerks, and the Judges
and clerks, before entering upon their duties, shall take and subscribe an oath or
affirmation, such as is now required by Law to be taken by Judges and clerks of other
elections; and at all subsequent elections the necessary number of Judges and Clerks
shall be appointed by the city Council. At the first election so held the Polls shall
be opened at Nine Oclock A.M. and closed at six oclock P.M. At the close of the polls the votes shall be counted, and a statement thereof
proclaimed at the front door of the house at which said election shall be held; and
the clerks shall leave with each person elected, or at his usual place of residence
within five days after the elections, a written notice of his election. And each person so notified, shall within ten
days after the election, take the oath or affirmation, hereinbefore mentioned, a certificate
of which oath shall be deposited with the Recorder whose appointment is hereinafter
provided for and be by him preserved. And all subsequent elections shall be held,
conducted and returns thereof made as may be provided for by ordinance of the city
Council
Sec. 7. All free white male inhabitants who are of the age of Twenty one years who are
entitled to vote for state officers, and who shall have been actual residents of said
city, sixty days next preceeding said Election, shall be entitled to vote for city officers
Sec. 8. The city council shall have authority to buy and collect Taxes for city purposes
upon all property real and personal, within the limits
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of the city not exceeding one half per cent per annum upon the assessed value thereof and may enforce the payment of the same in any manner
to be provided by ordinance, in
any
manner not repugnant to the constitution of the united states or of this state.
sec. 9. The city council shall have power to appoint a Recorder, Treasurer, assessor,
mashall supervisors of streets, and all such other officers as may be necessary and to prescribe
their duties and remove them from office at pleasure.
Sec. 10 The city council shall have power to require of all officers appointed in pursuance
of this act bonds with penalty and security, for the faithful performance of their
respective duties, such as may be deemed expedient; And also to require all officers
appointed as aforesaid, to take an oath for the faithful performance of the duties
of their respective offices.
Sec. 11. The city council shall have power and authority to make[,] ordain[,] and establish, and execute all such ordinances, not repugnant to the constitution of
the United states, or of this state as they may deem necessary for the peace, benefit[,] good order, regulation, convenience[,] and cleanliness of said city; for the protection of property therein from destruction by fire or otherwise; and
for the health and happiness thereof. They shall have power to fill all vacancies
that may happen by death[,] resignation[,] or removal in any of the offices herein made elective; to fix and establish all the
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all the fees of the officers of said corporation not herein established. To impose such fines, not exceeding One Hundred Dollars,
for each offence as they may deem just, for refusing to accept any office in or under the Corporation, or for misconduct therein. To divide the city in to Wards, to add to the number of aldermen and councillors, and apportion them
among the several wards as may be most just and conducive to the interests of the
city.
Sec. 12. To License[,] Tax[,] and regulate auctioneers, Merchants, retailers, Grocers, hawkers, pedlers, brokers[,] pawn Brokers[,] and money changers.
Sec. 13. The city council shall have exclusive power within the city by ordinance, to License, regulate[,] and restrain the keeping of Ferries. To regulate the police of the city; to impose fines, forfeitures[,] and penalties, for the breach of any ordinance, and provide for the recovery of such
fines and forfeitures and the enforcement of such penalties, and to pass all such
ordinances, as may be necessary and proper, for carrying into execution the powers
specified in this act, Provided such ordinances are not repugnant to the constitution of the united states or of
this state. And in fine to exercise such other Legislative powers as are conferred on the city council of the city of springfield by an act entitled “An Act to incorporate the city of springfield, approved February 3rd 1840.
Sec. 14. All ordinances passed by the city council shall within one month, after they
shall have been passed, be published in some Newspaper, printed in the city, or certified copies thereof be posted up in three of the most public places in the
city.
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sec. 15. All ordinances of the city may be proven by the seal of the Corporation, and when printed or published in Book or pamphlet form, purporting to be printed
or published by authority of the Corporation, the same shall be received in evidence in all courts or places without further proof.
sec. 16 The Mayor and aldermen1 shall be conservators of the peace, within the limits of said city, and shall have all the Powers of Justices of the Peace therein, both in civil and
criminal cases arising under the Laws of the State. They shall as Justices of the Peace within the limits of said city perform the same duties, be governed by the same Laws, give the same bonds and security,
as other Justices of the Peace, and be commissioned as Justices of the Peace in and
for said city, by the Governor.
sec. 17. The mayor shall have exclusive jurisdiction in all cases arising under the ordinances
of the Corporation & shall issue such process as may be necessary to carry said Ordinances into execution
and effect. Appeals may be had from any decision ^or judgment^ of said Mayor or Aldermen arising under the city ordinances, to the municipal Court under such regulations as may be prescribed by ordinance: Which Court shall be composed
of the Mayor as chief Justice and the aldermen as Associate Justices and from the
final Judgement of the Municipal court in
[...?]
to the circuit court of Hancock county, in the same manner, as Appeals are taken from Judgments of Justices of the Peace.
Provided, that the Parties litigant, shall have a right to a trial by a jury of twelve
men in all cases before the municipal court. The Municipal Court shall have power to grant writs of Habeas Corpus in all cases arising under the ordin^an^ces of the city council
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Sec. 18. The Municipal court shall sit on the first Monday of every month and the city council at such times and
places as may be prescribed by city Ordinance special Meetings of which may at any time
be called by the Mayor or any two aldermen.
Sec. 19. All process issued by the Mayor, aldermen[,] or Municipal court, shall be directed to the Marshall, and in the execution thereof he shall be governed
by the same Laws as are or may be prescribed for the direction and compensation of
Constables in similar cases. The Marshall shall also perform such other duties as
may be required of him under the Ordinances of said city, and shall be the principal ministerial Officer
Sec. 20. It shall be the duty of the Recorder to make and keep accurate Records of all
ordinances made by the city council, and of all their proceedings in their corporate
capacity which Record shall at all times be open to the inspection of Electors of
said city and shall perform such other duties as may be required of him by the ordinances of
the city council, and shall serve as clerk of the Municipal court.
Sec. 21. When it shall be necessary to take private property for opening, widening[,] or altering any public street[,] lane[,] avenue[,] or alley, the Corporation shall make a just compensation therefor to the person whose property is so taken
and if the
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amount of such compensation cannot be agreed upon, the mayor shall cause the same
to be ascertained by a jury of six disinterested freeholders of the city.
Sec. 22. All jurors empannelled to inquire into the amount of benefits or damages that shall happen to the owners
of property, so proposed to be taken, shall first be sworn to that effect, and shall
return to the Mayor their inquest in writing signed by each Juror.
Sec. 23. In case the mayor shall at any time be guilty of a palpable omission of duty,
or shall wilfully and corruptly be guilty of oppression[,] malconduct[,] or partiality in the discharge of the duties of his office, he shall be liable to
be indicted in the circuit court of Hancock County, and on conviction he shall be fined not more than two Hundred Dollars, and the court shall have power on the recommendation of the Jury to add to the judgment of the
court, that he be removed from office.
Sec. 24. The city council may establish and organize an institution of learning within
the limits of the city, for the teaching of the arts, sciences[,] and learned professions to be called the “University of the City of Nauvoo” which institution shall be under the control and management of a Board of Trustees, consisting of a
chancellor, Registrar, and Twenty Three Regents which Board shall thereafter be a
body corporate and politic, with perpetual succession, by the name of the Chancellor
and Regents of the University of the city of Nauvoo and shall have full power to pass, ordain[,] establish[,] and execute all such bye Laws and ordinances
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as they may consider necessary for the welfare and prosperity of said university, its officers and students, Provided, that the said bye Laws and ordinances shall not be repugnant to the constitution of the united states
or of this state, And provided also that the Trustees shall at all times, be appointed by the city council, and
shall have all the powers and privileges for the advancement of the cause of learning
which Appertain to the Trustees of any other college or university in this state.
Sec. 25. The city council may organize the inhabitants of said city subject to Military duty, into a body of independent Military men, to be called the
“Nauvoo Legion” Guards,
which
body
shall
thereafter
be
a
body
corporate
and
politic
with
perpetual
succession,
with
all
and
singular
the
plenary
powers
of
incorporation—the court Martial of ^which,^ shall be composed of the commissioned officers of said Legion, and to constitute the Law making department, with full power and authority to make[,] ordain[,] establish[,] and execute, all such Laws and ordinances, as may be considered necessary for the
benefit[,] government[,] and regulation of said Legion Provided the said court martial shall pass no Law or act, repugnant to or inconsistent with
the constitution of the united states, or of this state. and provided also that the officers of the Legion shall be commissioned by the Governor of the state, And
the
commanding
or
chief
officer
appointed
by
him. The said Legion shall perform the same amount of military duty, as is now
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required or may be hereafter required, of the regular militia of the state, and shall be at the disposal of the Mayor, in executing the Laws and Ordinances
of the city corporation and the Laws of the state, and at the disposal of the Governor for the public defence, and the execution of the laws of the state, or of the United states, and shall be entitled to their proportion of the public
arms, and provided also, that said Legion shall be exempt from all other military duty.
Sec. The inhabitants of the city of Nauvoo are hereby exempted, from working on any road beyond the limits of the city, and for the purpose of keeping the streets, lanes, avenues[,] and alleys in repair, to require of the male inhabitants of said city over the age of Twenty one and under Fifty years, to labor on said streets[,] lanes, avenues[,] and alleys, not exceeding three days in each year. Any person failing to perform
such labor, when duly notified by the supervisor, shall forfeit and pay the sum of
one Dollar per day, for each day so neglected or refused.
Sec. 27. The City council shall have power to provide for the punishment of offenders
by imprisonment in the county or city jail in all cases where such offenders, shall
fail or refuse to pay the fines and forfeitures which may be recovered against them.
Sec. 28. This act is hereby declared to be a public act, and shall take effect on the
first day
of
April
next. Monday of February next
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[ docketing
]
No 3.
[ docketing
]
A Bill for “an act to incorporate the city of Nauvoo
[ docketing
]
[11]/[27]/[1840]
[11]/[27]/[1840]
2
[ docketing
]
[11]/[27]/[1840]
[11]/[27]/[1840]
Jud.[Judiciary]
[ docketing
]
[12]/[05]/[1840]
[12]/[05]/[1840]
ord.[ordered] 3d Readg.
Handwritten Document, 12 page(s), Folder 219, SB 3, GA Session: 12-2,
Illinois State Archives (Springfield, IL) ,