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 Marion, in the county of Williamson, are hereby made a body corporate and politic in law and fact, by the name and style of the “President and Board of Trustees of the town of Marion,” and by that name shall have perpetual succession and a common seal, which they may

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change or alter at pleasure, and in whom the government of the corporation shall be vested, and by whom its officers shall be managed

Sec. 2. The boundary of the said corporation shall include all that country contained within the limits of one square mile, laid out by lines running due north and south, east and west, and the centre of the public square in said town of Marion, to be the centre of said square mile.

Sec. 3. The corporate rights, powers and duties of said corporation shall be vested in five trustees, to be chosen and appointed as hereinafter directed, who shall form a board for the transaction of business.

Sec. 4. On the first Monday of May next, or within six months thereafter, and on the second Monday of March thereafter, annually, an election shall be held at the court house in the town of Marion, for the five members to compose the board of trustees of said corporation who shall hold their offices for one year, and until their successors are duly elected and qualified; any person may be elected a trustee, or may vote for the election of trustees of said corporation, who has resided three months within the limits of said corporation next preceding the election, and who is qualified to vote for a representative in the General Assembly of this State.

Sec. 5. The said board of trustees shall, at their first meeting, proceed to elect one of their body president, and shall have power to appoint a clerk, assessors, treasurer, supervisor of streets and all such other officers as may be necessary, and they shall have power to fill all vacancies in said board occasioned by death, resignation or otherwise. They shall be judges of the qualifications, elections and returns of their own members; a majority of their board shall constitute 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 the board may provide, they may determine the rules of proceedings, punish their members for disorderly conduct and make such other rules and regulations for their own government as to them may seem fit and expedient.

Sec. 6. The board of trustees shall have power to levy and collect a tax on all real and personal estate within the limits of said corporation: Provided, That the per centum on the assessed value thereof shall not exceed the per centum authorized by the revenue laws of this State. They shall have power to make regulations to secure the general health of the inhabitants, to prevent and remove nuisances; to provide for licensing and taxing taverns, stores, groceries, auctioneers, theatrical and other shows and amusements within said corporation; to prohibit and restrain gaming houses and other disorderly houses, to open and keep in repair streets, lanes, alleys, drains and sewers, and to keep the same clean; to require bond and security of town officers for the

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faithful performance of their duties, and from time to time pass ordinances and by-laws to carry into effect the provisions of this act, and the powers hereby granted, as the good of the inhabitants may require; and to impose and appropriate fines and forfeitures for the breach of any ordinance, and provide for the collection thereof; and in all cases arising under this act, or growing out of the by-laws and ordinances made in pursuance of this act, any justice of the peace within said corporation shall have jurisdiction, and it is hereby made his duty to hear and determine the same, and an appeal may be taken, and writs of certiorari prosecuted from any such decision in the same manner as now is, or may be hereafter provided by law for appealing from judgments of justices of the peace.

Sec. 7. It shall be lawful for the board of trustees to levy and collect a special tax on the owners of lots, or (on) any street or parts of a street, for the purpose of grading and paving the side walks on said street: Provided, That two-thirds of the property holders on such street shall first petition for the same.

Sec. 8. The board of trustees shall have power to regulate, grade, pave and improve the streets ,avenues, lanes and alleys within the limits of said corporation, and to extend, open and widen the same; making the person or persons injured thereby adequate compensation, to ascertain which the said board shall cause to be summoned six good, lawful men, freeholders and citizens of said town and corporation, 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 or widening of any street, avenue, lane or alley, and shall report their proceedings under their hands and seals to the board of trustees, and the board of trustees shall thereupon pay out of the treasury of the corporation to the person to be injured the amount of damages assessed in his favor.

Sec. 9. The board of trustees shall have power from time to time to pass such by-laws and ordinances as to them may seem expedient, not inconsistent with the Constitution or laws of' this State, and all ordinances of said trustees shall be fairly written out and recorded by the clerk, and published in such manner as the board may direct.

Sec. 10. The board of trustees are also vested with power to declare what shall be considered a nuisance within said town, to prevent the running and indecent exhibition of horses, to provide for the trial and punishment of persons who may be engaged in assaults, and assaults and batteries, or other disorderly conduct in said town: Provided, That no person shall be deprived of the right of trial by jury in any

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case where such person would be entitled to a trial by jury for a like offence against the laws of this State.

Sec. 11. 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 determine, and to prescribe the manner of selling property when the taxes levied upon it are not paid: Provided, however, That no sale of any town lots or other real estate, shall be made until public notice shall have been given, for at least four weeks successively previous to the day of sale, by advertisement in a newspaper published in said town and corporation, or by posting up written notices thereof in at least three of the most public places in said town and corporation, one of which shall be on the court house door. 2

Sec. 12. When any town lot or lots, or real estate in said corporation shall have been sold by the authority of the corporation for non-payment of any tax that may have been levied upon the same, the same shall be subject to redemption by the owner or owners thereof, his, her or their agent or agents, within one year after the same shall have been sold, on paying to the treasurer of the board of trustees of said corporation, for the use of the purchaser or purchasers, double the amount of tax for which the same shall have been sold, together with costs for selling the same, and if not redeemed by the owner or owners, then the same shall be subject to redemption by any judgment creditor, his, her or their agent, within fifteen months after the same shall have been sold, on paying, as above specified; 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 president of the board of trustees of said town, to execute a deed with special warranty, signed by the president, and counter-signed by the clerk thereof.

Sec. 13. 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 monies which may have been paid to the treasurer over and above the amount of the taxes for which they were sold, and the cost of selling the same.

Sec. 14. The board of trustees shall have power to levy a special tax for the erection of school houses and the support of common schools within said corporation, and to raise money on the credit of the town and corporation for the purpose of commencing and prosecuting works of public improvement: Provided, however, That the same shall be submitted to the vote of the inhabitants of said town and corporation, and approved by two thirds thereof.

Sec. 15. The members of the board of trustees, and every other officer of said corporation shall, before entering on the duties of his office, take an oath or affirmation before some judge or justice of the peace, to support the Consti-

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tution of the United States and of this State, and faithfully demean himself in office.

Sec. 16. The board of trustees shall have power to appoint a town constable or constables, and authorize him to execute all writs, process and precepts which may be issued against persons for the violation of the 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 sum as they may think proper; said constable or constables shall hold their office during the pleasure of the board of trustees; and said constable shall have concurrent jurisdiction with other constables on cases arising under the ordinances and by-laws of said corporation.

Sec. 17. The board of trustees for the purpose of keeping the streets, alleys and roads in said town and corporation limits in good order and repair, are hereby authorized to require every male resident of said town and corporation limits over the age of twenty-one years to labor on said streets, alleys and roads, three days in each year, and any person who shall be notified by the supervisor of streets 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 one dollar for each day's labor neglected to be performed; and the supervisor of streets in the proper district is hereby authorized to prosecute such delinquent persons in the name of the president and board of trustees of the town of Marion, before any justice of the peace in said town, and said supervisor shall be a competent witness against said delinquent, and in case of default as aforesaid, the justice of the peace shall enter up judgment against said delinquent for the amount so forfeited, with costs of suit, and issue execution forthwith.

Sec. 18. It shall be the duty of any justice of the peace residing in said town, on complaint being made to him on oath, of the violation of any law or ordinance of the corporation, or upon view, to issue his warrant directed to the town constable, or any other authorized officer to apprehend the offender or offenders and bring him or them forthwith before him; and after hearing the evidence, if it shall appear that the 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 provided in such law or ordinance.

Sec. 19. The said president and trustees are hereby made capable in law, to take and hold to themselves and successors any lands, tenements, hereditaments, and the rents, issues and profits thereof, which may be necessary for the erection of any market houses and other public buildings, and the same to sell, grant, and dispose of, if necessary, and to sue and be sued, plead and be impleaded, answer and be

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answered unto in any court or place whatever; and all suits and judicial proceedings under this act, shall be carried on in the name and style of the “President and Board of Trustees of the town of Marion.”

Sec. 20. 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 may be hereafter provided by law for other justices of the peace and constables.

Sec. 21. Lands embraced within the said limits of this corporation act, shall not be taxed by the president and trustees of said corporation at any higher or greater rate than said lands would be taxed by the laws of the State, unless the same are laid out into town lots or occupied as town lots.

Sec. 22. That at the election to be held as prescribed in the fourth section of this act to elect the five members to compose the board of trustees of said corporation, Willis Allen, William Benson and James M. Trammell, of said town of Marion, are hereby appointed judges of said election, and it shall be the duty of said judges to give at least ten days' notice of the time and place of holding said election, by posting up six advertisements in the most public places in said town, and shall deliver certificates of election to those duly elected; said election shall be conducted in all respects as other elections are conducted in this State.

Sec. 23. That at the time of holding the election, to-wit: on the first Monday of May next, or as provided for by the fourth section of this act, if a majority of the inhabitants within the corporation limits shall vote for the acceptance of the provisions of this act, then it shall be in full force and effect, but if a majority of said inhabitants shall vote against its acceptance, then this act to be null and void.

Approved, February 24, 1841.