Road labor.

Writs, &c.

Execution of pro

cess.

Suits at law.

Ordinances.

Rights and property of.

such offenders shall fail or refuse to pay the fines and forfeitures which may be recovered against them.

23. The inhabitants of said town shall be exempt from the performance of road labor and payment of road tax, levied by authority of the county court; and the entire jurisdiction and control of the roads, highways and bridges in said town shall be held and exercised by the president and town council aforesaid.

§ 24. All writs for the recovery of penalties for the breach of any ordinance of said town shall be in the form of an action of debt, before the police magistrate, or, in case of his absence, or inability to act, before some other justice of the peace of said county; and changes of venue, and appeals shall be allowed in cases commenced before the said magistrate as in other cases before other justices of the peace: Provided, the said corporation shall be allowed to appeal in any case in which they are parties, by causing their clerk to execute a bond, in the name of said corporation, in the form now prescribed by law in other cases, without other security, and an order, entered upon the records of said corporation, directing said appeal, shall be sufficient evidence of the authority of said clerk to sign said bonds.

25. The town constable, elected under the provisions of this act, shall have power and authority to execute all process issued for breach of any ordinance of said town, and, for that purpose, his power and authority shall extend over the county of Logan; and shall have the same power, jurisdiction and authority, within the limits of said county, as other constables under the laws of this state, and shall give bond and qualify as the said board shall, by ordinance, prescribe.

§ 26. All suits for fines and penalties, in and for the violation of any ordinance, shall be in the name of "The Town of Postville;" and the said corporation shall have power to regulate, by ordinance, the form and nature of the first and of any subsequent process and the mode of executing the same.

27. All ordinances and resolutions passed by the present town authorities shall remain in force until the same shall have been repealed by the corporation hereby created: Provided, no contract or agreement shall be affected thereby. § 28. All actions, fines, penalties and forfeitures, which have accrued to the president and town council of said town, shall be vested in and prosecuted by the corporation hereby created; and all property, real and personal, heretofore belonging to said town, shall be and the same is hereby declared to be vested in the corporation hereby created. Publication of or- § 29. A certificate of the clerk of the board of town council of said town of Postville, under the seal of the corporation, of the publication of any ordinance of said town, shall be deemed and regarded, in all courts, as evidence of

dinances,

the publication of such ordinance, according to the requirements of this act, without further proof.

30. In addition to the foregoing powers granted in the act to the town council of the town of Postville, they shall have and may exercise all the powers that are conferred in this charter and amendatory acts of the cities of Springfield and Quincy.

§ 31. This act shall be deemed and declared to be a public law, and shall be so considered, in all courts and places, and may be used in evidence, without further proof. This act to take effect and be in force from and after its passage.

APPROVED February 21, 1861.

AN ACT to legalize the incorporation of the Town of Chandlerville, Cass In force February county, Illinois, and to extend the powers of said incorporation. 21, 1861. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the organization of the town of Chandlerville, under the general law, entitled "An act to incorporate towns and cities," is hereby legalized, and that all the acts and proceedings of the trustees of said town of Chandlerville are hereby declared valid and binding, notwithstanding any informality in the organization of said. board of trustees: Provided, such acts were otherwise lawful.

§ 2. That hereafter the corporation of the town of Charter of Bath. Chandlerville shall have all the corporate powers and privileges, as set forth and contained in the act entitled "An act to incorporate the town of Bath," approved February 14, 1857, excepting sections three and thirty-four.

§ 3. The trustees of the town of Chandlerville shall Boundaries. have power to alter the present boundaries of the town, by excluding all territory within the present corporate limits south and west of Panther Creek.

6. This act shall be in force.from and after its passage. APPROVED February 21, 1861.

AN ACT to incorporate the Town of Chillicothe, in the county of Peoria, In force February

and state of Illinois.

ARTICLE 1.

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 Chillicothe, in the

22, 1861.

county of Peoria, and state of Illinois, are hereby constituted and declared a body corporate and politic, by the name and Name and style. style of "The Town of Chillicothe;" and by that name shall have perpetual succession; and may have and use a common seal, which they may alter at pleasure; have power to sue and be sued, plead and be impleaded, in all courts and places where justice is administered, in all actions whatever; to purchase, receive and hold property, both real and personal, within and beyond the limits of said town, for burial grounds and other corporate purposes; to sell, lease and convey property, real and personal, for the use of said town; to protect and improve any such property as the public good may require.

Boundaries.

Trustees.

§ 2. The boundaries of said town shall be as follows, viz: Beginning at the quarter (1) section corner, between sections (17 and 20) seventeen and twenty, in township eleven (11) north of the base line, range (9) nine east of the fourth principal meridian; thence, east, on section line between sections (17 and 20) seventeen and twenty, to the county line between Peoria and Woodford counties; thence, on said county line, in a southwesterly direction, to a point where the continuation of the east and west half section line of fractional section (29) twenty-nine, in township (11) eleven north of base line, range (9) nine east of the fourth principal meridian, intersects said county line; thence, west, on half section line of fractional section (29) twentynine, in township eleven (11) north of the base line, range (9) nine east of the fourth principal meridian, to the center of said section (29) twenty-nine; thence, north, on half section line of fractional sections (29 and 20) twenty-nine and twenty, to the place of beginning.

ARTICLE 2.

1. The government of said town shall be vested in five trustees, to be elected, annually, by the qualified voters of said town; and 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 one year next preceding an election and is not a citizen of the United States. And the said trustees shall, at their first meeting, proceed to elect one of their number president; and shall have power to fill all vacancies in said board, which may be occasioned by death, resignation or removal: Provided, the vacancy shall not exceed three months.

§ 2. The board of trustees shall determine the qualification of its own members and all cases of returns and elections of their own body. A majority shall constitute a quorum, but a smaller number may adjourn from time to time and compel the attendance of absent members, under such penalties as may be prescribed by ordinance; shall have

power to determine the rules of their own proceedings, punish a member for disorderly conduct, and, with a concurrence of three-fifths, expel a member.

3. Each of the trustees shall, before entering upon the Official oată. duties of his office, take an oath to perform the duties of his office to the best of his knowledge and ability; to support the constitution of the United States and of this state; and there shall be at least one regular meeting of said trustees in each month, at such time and place as may be prescribed by ordinance.

ARTICLE 3.

trate.

1. There shall be elected in the town of Chillicothe, Police by the qualified voters thereof, on the first Monday of April, 1861, and on the first Monday of April, every four years forever thereafter, a police magistrate and a town constable, who shall hold their respective offices for four years and until their successors shall be elected and qualified.

2. No person shall be eligible to the office of police magistrate or to the office of town constable who shall not have been a resident of the town one year next preceding his election or who shall not be a citizen of the United States.

3. For the election of five trustees, a police magistrate and town constable, the town of Chillicothe is hereby declared an election precinct.

Constable.

trate.

magis

§ 4. The police magistrate shall be commissioned by Police magisthe governor of the state of Illinois as a justice of the peace, and, as such, shall give bond and take and subscribe the same oath of office as other justices of the peace, and, as such, shall be a conservator of the peace for said town, and shall have power and authority to administer oaths, issue writs and processes, to take deposition and acknowledgments of deeds, mortgages and other instruments of writing, and certify the same, as other justices of the peace; and he shall have exclusive jurisdiction of all cases arising under the ordinances of the corporation, and concurrent jurisdiction, power and authority, arising in all cases whatsoever, with other justices of the peace, under the laws of this state; and shall be entitled to the same fees for his services as other justices of the peace in similar cases: Provided, that upon the necessary oath being made by the defendant, as required by law governing justices of the peace, a change of venue shall be granted, in all cases, from the police magistrate of town to the nearest justice of the peace, who is hereby invested in such cases with all the authority of the police magistrate, and he shall proceed to try the same: Provided, also, that in the event of absence, sickness, death or resignation of the police magistrate, the next nearest justice of the peace of Peoria county be invested with all the powers conferred upon the police magistrate by the provisions of this act.

Constable.

Neglect of duty.

Election.

Notice of elec

tion.

5. The town constable shall have the same power and authority, rights, privileges and qualifications, shall have the same jurisdiction, and be entitled to the same fees, and be liable to the same penalties, as constables now are or may hereafter be under the laws of this state, and shall be placed under such bond, conditioned for the faithful peformance of the duties of his office as may be prescribed by ordinance of the corporation hereby created.

§ 6. In case the police magistrate shall, at any time, be guilty of palpable omission of duty, or shall willfully or corruptly be guilty of corruption, 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 Peoria county, and, on conviction, shall be fined in any sum, not exceeding two hundred dollars and removed from office.

ARTICLE 4.

OF ELECTIONS.

1. On the first Monday of April, 1861, an election shall be held in said town of Chillicothe, for five trustees, a police magistrate, and town constable; and on the first Monday of April, of each year, forever thereafter, an election shall be held for the election of said trustees, who shall hold their offices for one year and until their successors are elected and qualified; and, forever thereafter, on the first Monday of April, every four years, an election shall be held for the election of a police magistrate and town constable, who shall hold their offices for four years and until their successors are elected and qualified; which first election shall commence at ten o'clock, A. M., and close at four o'clock, P. M., of said day; and, for the purposes of said first election, A. J. Powell, R. Scholes, S. C. Jack, J. L. Kinner and J. O. Tomlinson, are hereby constituted corporate trustees for said town.

up

§ 2. It shall be the duty of the trustees hereby constituted, or any two of them, to give at least ten days' notice of the time and place of holding said first election, by posting notices in at least three of the most public places in said town; to be judges of said first election; to appoint their own clerks, receive and canvass the votes, declare the result, furnish to each one of the persons elected a certificate of his election, certify the votes for police magistrate and town constable, to the clerk of the county court of Peoria county, and lay the poll books of such election before the board at its first meeting. All subsequent elections shall be held and conducted and returns made as may be prescribed by ordi

nance.

3. A. failure to hold said first election on the first Monday of April, in the year, 1861, shall not work a forfeiture of this charter; but said first election may be held