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Be it enacted by the people of the State of Illinois represented in the General assembly, That the following is declared to be the boundries of the Town of Macomb in McDonough County That is to say one square mile laid out by lines runing due north and south east & west and the centre of the public square in said town
of Macomb to be the centre of said square mile and the inhabitants of said town and all within
said bounderies shall be and are hereby constituted A body politic and corporate by the name and
style of the President and Trustees of the town of Macomb and by that name they and their successors shall be known in Law have perpetual succession
sue and be sued plead and be impleaded defend and be defended in courts of law and
equity in and all matters and actions whatsoever grant purchase receive and hold property both
real and personal within said Town of Macomb and no other, burial grounds excepted and may have lease sell and convey and dispose of the same for the benefit of said town and may lease any of the reserved lands which have been appropriated by the original
proprietors to the use of said town and may borrow and expend money for the improvement of said town and may do all other acts as natural persons, may have a common seal and may break
or alter the same at pleasure.
Sec[Section] 2 The corporate powers and duties of said town shall be vested in five Trustees to be
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chosen and appointed as herein after provided who shall form a board for the transaction
of business
Sec 3 The members composing the board of Trustees shall be elected by the persons
residing within the said town and incorporated limits to serve for one year and untill their successors shall be elected and qualified they shall be at least twenty one
years of age and inhabitants of said incorporated limits three months next preceding
said election
Sec 4 The board of trustees shall appoint their President and all other officers of
their board and shall be Judges of the qualifications of voters 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 determin the rules of proceeding punish their members for disorderly conduct and by the concurrence
of two thirds of the whole number elect, expell A member, and make such other rules and regulations for their own government, not
inconsistant with the constitution and laws of this state, and to fill vacancies in said board as to them may seem proper and expedient
Sec 5 The board of trustees shall have power by ordinance to levy and collect
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taxes upon all real and personal property within the town and limits of the corporation
not exceeding one half of one per centum per annum upon the assessed vallue thereof to make regulations to secure the general health of the inhabitants to
prevent and remove nuisances to establish night watches to erect lamps in the streets
and lighting the same to licence theatrical and all other shows and amusements to restrain and prohibit gaming houses
bawdy houses and other disorderly houses to establish and repair Bridges to build
a market house to establish and regulate markets to open and keep in repair streets
avenues lanes alleys drains sewers and culverts and to keep the same clean, to provide
for the prevention and extinguishment of fires to dig wells and erect pumps in the
square or streets or both for the convenience of the inhabitants to regulate the police
of said town to regulate the compensation of the town officers and from time to time to pass such ordinances as may be necessary to carry
into effect the object of this act, and the powers hereby granted and to impose fines
and forfeitures for the breach of any ordinance or by law and provide for the collection
of the same and that in all cases arising under this act of incorporation any Justice
of the peace within said corporation shall have jurisdiction to hear and determin the same and an appeal may be taken and writs of cetiorari
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allowed from any such decision in the same manner as is now or hereafter may be allowed
by law for appealing from Judgments of Justices of the peace
Sec 6 The board of trustees of said town shall have power to assess fines and collect the same for all assaults assaults
^assaults^ and batteries, affrays, riots, routs, and unlawful assemblies for all gaming for
money or other valuable things at dice cards or any other games known as games on
which money is lost and won, for horse racing and cockfighting for all breaches or
disturbances of the peace and for all other disorderly or immorral conduct within the corporate limits of said town, and all fines and forfeitures imposed and taxed levied and monies arising from licenses
granted by this act or any by law or ordinance made in persuance of this act shall be paid into the town treasury of said town and shall compose a part of the funds thereof
Sec 7 That upon the application of owners of two thirds of the front of the lots on
any street it shall be lawfull for the board of trustees to levy and collect a special Tax on the property of the
owners of said lots on said street or part of a street according to their respective
fronts for the purpose of grading and paving the side walks of said street or part
of a street
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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 town and incorporation and to extend open and widen the same making the person or persons injured thereby
adequate compensation to assertain which the board shall cause twelve good and lawfull 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
extention or widening of any street avenue lane or alley and they shall moreover estimate the
amount which other persons will be benefited thereby and shall contribute towards compensating the person or persons injured thereby
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 maner as shall be provided and the residue if any shall be paid out of the town treasury
Sec 9 all ordinances shall within one month after they are passed be published in some
news paper printed in or near said town or be posted up in three of the most public
places in said town for two weeks at least before taking effect
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Sec 10 That when any real estate in said town of Macomb shall have been sold by the authority of the corporation thereof the same shall be subject to redemption in the same manner as is provided
by the authority of this State
Sec 11 The members of the board of Trustees, and every officer of said corporation shall before entering upon the duties of his office take an oath or affirmation before
some Judge or Justice of the peace to support the constitution of the United States
and of this state and faithfully to demean themselves in office
Sec 12 The board of trustees shall have power to appoint one treasurer and clerk one
assessor of taxable property in said town and corporation one collector of taxes levied on said property one supervisor of Streets and one
town constable who shall possess the same powers and perform the same duties within said
town as other constables and shall be entitled to the same compensation
Sec 13 No person residing within the corporate limits of said town shall be required to do any road labour on any road out of the corporate limits aforesaid but the trustees of said town may require the same quantity of labour to be done by the inhabitants of said town on the roads streets alleys lanes and avenues of townsaid town as they would be required to perform on the roads of the County were said not incorporated
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Sec 14 A conviction of any offence under this act or under any by law or ordinance made
in pursuance of this act shall be a bar to any similar prosecution by the people for
the same offence
Sec 15 No person shall be allowed to vote for Trustees of said town unless he be qualified to vote for Representatives to the general assembly provided no person shall be allowed to vote for trustees aforesaid unless he shall
be bonafide a resident within the corporate limits of said town Provided that in no case arising under this act shall a greater penalty be imposed
or a higher fine assessed than is provided by ^the^ laws of this state for the commission of similar offences
Set 16 That it shall be the duty of any Justice of the peace residing in said town, and he is hereby authorised and empowered on complaint being made to him on oath, or his view of the violation
of any law or ordinance of said corporation to issue his warrent directed to the town Constable or to any other authorised officer of the County 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 said accused has been guilty
of a violation of any such law or ordinance of the corporation, to impose such fine as shall be pointed out in such law or ordinance
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Sec 17 The first election of Trustees under this act shall be held on the first Monday
in Aprill 1841 and an election on the first Monday in aprill annually thereafter, but should an election not be held at the regular term
^time^ of holding the same the clerk of the old board of Trustees or any two citizens of
said town may at any time call an election by giving at least ten day notice of the object
time and place of election nothing in this act shall be so construed as to release
said corporation from the debts and liabilities of the present incorporation of said town
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ord[ordered] 2nd
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read 2
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refd to C. Jud.
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13
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[6?]
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[01]/[16]/[1841]
The committee on Incorporations to whom was referred a bill for an act to incorporate
the town of Macomb, have had the same under consideration and now report it back with
sundry amendments
They amend by striking ^out^ the sixth section thereof and substituting therefor the following section
Sec 6 The board of trustees of said town and vested with the power to declare what shall be considered a [nui-?] within said town: and to prevent the running and in decent exhibition of horses within the bound^s^ of said corporation: to provide for the trial and punishment of persons who may be engaged, in assaults,
assaults and batteries and affrays within the limits thereof; and to provide that
such punishment may be inflicted by fine or imprisonment ^in the county jail ^
as [...?] may be for any offence against the ordances of said corporation [as?] is or may be provided by law for like offences against the laws of this state. Provided that no person shall be deprived of the rights of a trial by jury in any
case whose such person would be entitled to a trial by a jury for a like offence under the laws of this state: and provided further that no fine rendered under the provisions of this act shall
exceed the sum of fifty dollars nor shall any person be imprisoned for a longer period
than ten days
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They further amend by striking out all in the fifteenth section after the word term in the 7th line of said section
The^y^ amend the sixteenth section by adding to the end thereof, the following words towit:
subject to the provisions of the sixth section of this act
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Handwritten Document, 14 page(s), Folder 8, HB 10,GA Session: 12-2,
Illinois State Archives (Springfield, IL) ,