Damages.

Special tax.

Sidewalk repairs.

the bond on such appeal to be filed with the county clerk. And the proceedings of the county court on such appeals shall be the same as in case of appeal from judgments of justices of the peace. Either party to such appeal shall have the right to have the same tried by a jury, who shall assess the amount of damages sustained by the owner of the property taken as aforesaid; and the circuit judge shall determine the amount of the costs to be paid, and may apportion the same between the parties, as he shall think just and proper. The amount of the damages assessed by the jury or the court on such appeal, shall be assessed by the board of trustees upon the property deemed and reported by the said commissioners to be benefited by the opening, widening or altering of such street, avenue, lane or alley, in ratable proportion, according to the valuation thereof, adopted by such commissioners; and the warrant of the board of trustees shall be issued by them for the collection of such damages, as in case no appeal had been taken.

8 24. Should the owner of any land upon which any special tax be assessed under this act, be unknown, he may be so described in all proceedings to assess and collect the

same.

§ 25. In ascertaining the amount of compensation for damages to be allowed to the owner for his property taken for opening, widening or altering any street, lane, avenue or alley, the commissioners' court or jury shall take into consideration the benefit as well as the injury happening by such opening, widening or altering such street, lane, avenue or alley, and if the benefits exceed the injury shall so report or find.

26. The board of trustees for may, for good cause shown, and application filed in the office of the board, within ten days after the return of the commissioners appointed under this act, open and set the same aside, and cause another assessment to be made by the same or other commissioners.

27. The board of trustees shall have power to provide, by ordinance, for the assessing, levying and collecting a special tax on the owners of lots in any street, lane, avenue or alley or part or parts thereof, according to the respective fronts owned by them thereon, for the purpose of paving, grading, planking and making, in such manner as the board shall direct, sidewalks and crosswalks, in such street, lane, avenue or alley, or part or parts thereof; which tax is hereby declared to be a lien on the land in reference to which it is assessed, until paid, and to be a special tax, to be collected as other corporation taxes are.

§ 28. The owners of lots shall be allowed a reasonable time, to be ascertained by ordinance, within which to make or repair such sidewalk or crosswalk, under the direction of the board of trustees, in front of the lots owned by them; and in case of failure to make or repair the same, within

such time, the board of trustees are authorized to cause such making or repairing to be done, and assess and collect the necessary expenses thereof, in manner herein provided.

§ 29. All special taxes remaining unpaid, shall be returned by the town constable, in manner hereinbefore stated, as to general taxes, and shall be annually reported to the county court, at the same time; and in all respects, the proceedings to procure a sale of the land for nonpayment thereof, shall be conducted in the same manner that is herein provided to procure a sale of real estate for general taxes remaining unpaid, and subject to sale and redemption in the same

manner.

30. The inhabitants of the said corporation are hereby Road labor. exempted from working poll tax for road labor, and from all highway and road taxes whatever, otherwise than under the provisions of this act. The board of trustees, to aid them in keeping bridges, streets, lanes, avenues and alleys in repair, in said town, shall have power to require every male inhabitant residing within the limits of the corporation, over twenty-one years of age, and not incapacitated by sickness or other infirmity, from manual labor, to labor on said streets, bridges, lanes, avenues or alleys, not exceeding three days in each and every year; and any person failing to perform such labor according to the ordinances of the town in that behalf from time to time enacted, shall forfeit and pay such fine as the board of trustees shall direct: Provided, that the board of trustees may provide for the commutation of such labor.

&c.

§ 31. The board of trustees shall have exclusive juris- Bridges, streets, diction and control over all bridges, streets, avenues, lanes and alleys and public highways at and within the incorporation, and the opening, repairing and making the same.

§ 32. The board of trustees shall have power to provide for the punishment of offenders, by imprisonment in the town or county jail, in all cases where such offenders shall fail or refuse to pay any fine or forfeiture recovered against them for breach of any ordinance of the town: Provided, such imprisonment shall not be of a longer duration than twenty-four hours for every three dollars of such fine and costs.

§33. Justices of the peace of the county of Ogle Justices residing within the limits of said corporation, shall have diction. jurisdiction of all suits and processes brought and issued for the recovery of any fine or to enforce any penalty for breach of any ordinance of said corporation; and constables of said county, residing within the limits of said corporation, shall have power and authority to serve and execute all processes issued in any such suits, to be brought and judg ment rendered therein, and the same collected and enforced. in the same manner as is provided by the laws of this state

juris

&c.

in similar cases, the right of trial by jury to either party demanding the same.

§ 34. No fine for breach of any ordinance of the said town shall exceed one hundred dollars, nor imprisonment for like offense twenty days.

§ 35. All actions for fines, penalties and forfeitures Recovery of fines, occuring for the breach of any ordinance of said town shall be instituted and prosecuted in the name of "The President and Board of Trustees of the Town of Lane," upon complaint of any person before any justice of the peace residing in said town, by action of debt. The ordinary process shall be by summons; but in cases where the party complaining shall state, under oath, that he has good reason to believe the party accused to have committed a breach of an ordinance of the corporation, and that the party accused is about to abscond or depart without the limits of the county, or has so absconded or departed, then the justice of the peace may issue his warrant to bring the party accused forthwith before him, to answer such complaint; and in that case the party accused shall remain in the custody of the officer until the suit is disposed of, and the fine and costs, if any, imposed on him be paid, or otherwise discharged, according to law, unless he shall enter a recognizance, with good security, before final judgment in the case before the justice of the peace, to the corporation, in double the amount of the penalty that may be inflicted upon him in the suit, conditioned that he will pay the judgment and the costs that may be rendered against him therein; and, in default of such bail, the officer may commit the party accused to the common jail of the county, for safe keeping, while the cause is not being tried. The justice of the peace shall grant but one continuance, on the application of the plaintiff in the suit, in cases where the accused is under arrest. The recognizance shall be filed in the office of the justice, and in case of forfeiture shall be transmitted by him to the clerk of the board of trustees.

Appeals.

§ 36. Appeals and writs of certiorari shall be allowed in all cases, both on the part of the corporation and the defendant, in all suits brought to recover any fine, penalty or forfeiture for the breach of any ordinance of said town, from the judgment of a justice of the peace to the circuit court of Ogle county, to be taken and granted in the same manner and with like effect as appeals and writs of certiorari from judgments of justices of the peace in other

cases.

§ 37. The town constables shall have the same genera! jurisdiction and authority, within the county of Ogle, that other constables of said county have, and shall be sulject to the same liabilities, and shall have exclusive authority to collect all general and special taxes levied by said corporation.

money.

$38. No money shall be paid out of the treasury of the Disbursement of said corporation, save upon resolution of the board of trustees, specifying to whom and upon what account the same is paid out, on order made by the clerk, signed by the president, and countersigned by the clerk, drawn in pursuance of such resolution. All taxes of said town shall be collected in gold and silver, or the notes of Illinois stock secured. banks, as the trustees may direct; and the orders on the treasurer aforesaid, and all moneys belonging to the town, shall be deposited and remain with the treasurer until drawn out in the manner above provided.

ments.

$39. The board of trustees, annually, at least two weeks Annual prior to any general election for officers under this act, shall make out and enter upon their records a full and complete statement of the fiscal affairs of the corporation, showing, item by item, all moneys received, from whom, to whom paid, and on what account; also all moneys expended and paid out, and to whom and on what account; and the then indebtedness of the corporation and on what account; the amount of orders on the treasury then outstanding, to whom payable, and on what account; a copy of which shall be published in a newspaper in said town, at least one week prior to said election, or, if none be published, then posted up in some public place one week prior to such election. And for willful neglect or for refusal on the part of said trustees or any member thereof, to cause such statement to be made, as herein provided, he or they shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in a sun not exceeding one hundred dollars.

state

certain duties.

$40. All persons, members of any fire company organ- Exemption from ized under the ordinances of said corporation, shall, during the time of such membership, be excused from serving in the militia, unless in cases of actual invasion or insurrection, and from sitting on juries, and, after serving seven years as such fireman, consecutively, and receiving a certificate to that effect, under the seal of the corporation, shall thereafter continue to be so exempt. No person shall be disqualified as a witness or juror in any suit or proceeding wherein the corporation may be a party or interested, in consequence of being an inhabitant of said town, or member or officer of said corporation.

tees.

$ 41. The first election of trustees shall be held at the office Election of trus of S. Hamaker, in said town of Lane, and shall be opened at nine o'clock in the morning, and continue open until five o'clock in the afternoon of the day. The electors present at the opening of the polls shall elect two of their number to officiate as judges, and one to act as clerk, who shall be sworn, and in all things shall conduct such election as is required by the general election laws of this state; shall canvass the votes and make certificates, under their hands and seals, of the persons elected, and deliver the same to them, and

make returns of the poll book, and certificate attached, to the clerk of the board of trustees, when he shall be appointed and enter upon the duties of his office.

§ 42. The title, "town clerk," when used in this act, shall be held to mean, in all cases, the "clerk of the board of trustees."

§ 43. This act shall be deemed a public act, and shall be in force from and after its passage.

APPROVED February 22, 1861.

In force February AN ACT to incorporate the Town of Metamora, in the county of Woodford, 13, 1861. and to legalize the election for town officers therein.

Boundaries.

Elections legalized.

Annual elections.

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 Metamora, in the county of Woodford, are hereby constituted and declared a body corporate and politic, by the name and style of "The President and Trustees of the Town of Metamora;" that the said town shall consist of and include in its boundaries the tracts of land known as the south half of section seventeen and the north half of section twenty, in township twenty-seven north, in range two west of the third principal meridian; and whenever any tract of land adjoining said town is laid off into town lots and recorded, the same shall be attached to and form part of said town.

§ 2. That the election which was held in said town, for the incorporation thereof, on the eighth day of January, A.D. 1859, and also the several elections held therein on the fifteenth day of January A.D. 1859, and on the third Monday in the month of March, A.D. 1860, each for the election of trustees of said town, be and the same are hereby declared valid, in all respects, any informality or irregu larity in the manner of conducting said elections and making returns thereof to the contrary notwithstanding; and the said trustees, so elected, and their successors in office, shall and may exercise all and singular the corporate powers granted to incorporated towns by chapter twenty-five of the Revised Statutes, relative to the incorporation of towns, and also by the several acts amendatory thereto, and all powers granted by any general laws relative to incorporated

towns.

3. On the third Monday in the month of March, A.D. 1861, and on the third Monday in March in each year thereafter, an election shall be held in said town for five trustees, who shall be successors to the present trustees of said town. At the next regular election for trustees of said town, and