Sec. [Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the inhabitants and residents in the town of Vienna, in Johnson 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 Vienna;" 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 said corporation shall include all that country contained within the limits of the plat of the town of Vienna, as of record in the recorder's office of the county of Johnson.

Sec. 3. That there shall, on the first Monday of June next, be elected, five trustees; and on every first Monday of June, 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, and who has not resided in said town six

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months next preceding his election, and who is not, at the time thereof, a bona fide freeholder, and, moreover, who has not paid a corporation tax. And all white free 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, an 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 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.

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 said town 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 inquire 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 or widening of any street, avenue, lane or alley; and shall, moreover, estimate the amount which other persons will be benefited 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 benefited, 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 answered in any court whatsoever.

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 necessary for the go-

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vernment 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.

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, That in conducting such sales, the provisions of the act concerning public revenue, so far as the same may be applicable, shall be complied with.

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 Trustees of the town of Vienna."

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 to exceed twenty-four hours: Provided, however, That writs of

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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 an 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 shall think right and proper; and all fines imposed for a breach of the peace, or a violation of the corporation ordinances, shall be paid into the treasury of said corporation.

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.

Sec. 10. That upon the application of the owners of two-thirds of the front lots, on any 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 said (side) walks on said streets.

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.

Sec. 12. The 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.

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—to 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 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, 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.

Sec. 14. The qualified voters within the corporation, shall, at the first annual election for trustees, vote for or against becoming incorporated, under the provisions of this act. And if two-thirds of all the votes given at said election is in favor of being incorporated, then this act to be in force; otherwise,

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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.

Approved, February 27, 1841.