CHARTER
AN ACT
TO INCORPORATE THE CITY OF MOUNT CARROLL
Sec. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the inhabitants of all that district of country in the county of Carroll, and State of Illinois, contained within the limits and boundaries hereinafter prescribed, shall be a body politic and corporate, under the name and style of the “City of Mount Carroll,” and by that name shall have perpetual succession, sue and be sued, plead and be impleaded, complain and defend in all courts of law and equity, in all actions whatsoever, and may make and use a common seal, and alter the same at pleasure, to take and hold, receive purchase and lease property, real and personal and mixed, as the purposes of the corporation may require, within or without the limits and boundaries of said City; to sell, lease, convey or dispose of property, real, personal and mixed, and to improve and protect said property, and to do all things in relation thereto, as natural persons.
Sec. 2. The corporate limits and jurisdiction of the City of Mount Carroll shall embrace and include within its boundaries the following territory, viz.: The east half of sections number one (1) and twelve (12) in township number twenty-four (24) north of the baseline in range number four (4) east of the fourth principal meridian, and the west half of sections number six (6) and seven (7) in township number twenty-four (24) north of the base line in range number five (5) east of the fourth principal meridian, and whenever any tract of land adjoining the said limits, or any addition to said City, shall be laid off into town lots, and the plat thereof shall be recorded, the same shall be and form a part of the City of Mount Carroll, as fully as if within the organized corporate limits.
Sec. 3. The City of Mount Carroll shall at present constitute one ward, and one election district, and that the common council shall have power, by ordinance, to divide said City into as many Wards as they may think necessary for the convenience of the people, and to change and alter the Wards, as herein provided, each Ward shall constitute an election district and be entitled to two Aldermen.
Sec. 4. The municipal government of the City shall consist of a common council, composed of the Mayor and four Aldermen. The other officers of the corporation shall be as follows: A Clerk, a Treasurer, an Attorney, a Street Commissioner, a Police Magistrate, a Marshal, an Assessor, a Collector, and as many Policemen and such other officers and agents as may be provided for by this Act, or the common council may from time to time decide. The Mayor, Aldermen and Police Magistrate shall be elected by the legal voters of said City. All officers elected or appointed under this Act, except the Police Magistrate, shall hold their offices for one year, and until the election or appointment and qualification of their successors, respectively. All officers mentioned in this Act, and not otherwise specifically provided for, shall be appointed by the common council by ballot, on the third Monday of April in each year, or as soon thereafter as may be; but the common council may specially authorize the appointment of Watchmen and Policemen, by the Mayor, to continue in office during the pleasure of the common council, Provided, The Mayor or Marshal may be authorized to remove them from office for good cause. All officers elected or appointed to fill vacancies shall hold for the unexpired term only, and until the election or appointment and qualification of their successors.
Sec. 5. On the first Monday in the month of April A.D. 1868, and on the first Monday in the month of April in each year thereafter, an election shall be held in said City, for one Mayor and four Aldermen, who shall hold their offices for one year and until their successors are elected and qualified, which said election shall commence at ten o’clock in the forenoon and close at four o’clock in the afternoon of said day, and any ten of the present trustees shall be judges of said election, who shall appoint their own clerks, receive and canvass the votes, declare the result, furnish to each of the persons elected a certificate of his election. All subsequent elections shall be held and returns made and conducted as may be provided by ordinance.
Sec. 6. At said first election as aforesaid, and every four years thereafter, there shall be elected one Police Magistrate, to be elected and qualified as provided by an act entitled, “An act for the better government of towns and cities and to amend the charter thereof,” approved February 27, 1854, and all the provisions of said act and amendments are hereby declared applicable to said Police Magistrate.
Sec. 7. All male inhabitants of said City shall be entitled to vote for city officers, who are qualified to vote for State officers, and shall have resided in said City thirty days next before any such election.
Sec. 8. The President of the Town of Mount Carroll, and the Trustees thereof, shall be the Mayor and Aldermen of the City of Mount Carroll until their successors are elected and qualified. The present Police Magistrate shall be the Police Magistrate of said City until his successor is elected and qualified.
Sec. 9. Every person elected or appointed to an executive, judicial or administrative office under this act shall, before he enters upon the duties of his office, take and subscribe an oath to support the constitution of the United States, and of this State, together with the additional oath prescribed by the constitution of this state for officers, and also that he will well and truly perform the duties of his office according to law and the best of his skill and ability.
Sec. 10. No person shall be eligible to any of the offices elective by the people, unless he shall at the same time be a legal voter of said City, and shall have resided therein at least one year previous to the time of his election and a freeholder within the City.
Sec. 11. The common council shall be judge of the qualifications of its own officers, and also of the election returns, and shall determine all contested elections, as shall be prescribed by ordinance.
Sec. 12. A majority of the common council shall form a quorum to do business, but a smaller number may adjourn from time to time, and compel the attendance of absent members, under such penalties as they may prescribe by ordinance.
Sec. 13. The common council shall have power to prescribe the rules of its proceedings, punish its members for disorderly conduct or any violation of its rules, and with the concurrence of two-thirds of the members elected to expel a member.
Sec. 14. The common council shall keep a journal of its proceedings, and the yeas and nays, when deemed by any member present, shall be entered upon the journal.
Sec. 15. All vacancies which shall occur in the common council or in the office of Police Magistrate shall be filled by election.
Sec. 16. Whenever there shall be a tie in the election of Mayor, Alderman or Police Magistrate, the judges of election shall certify the same to the Mayor, who shall determine the same by lot in such way as shall be provided by ordinance.
Sec. 17. If any of the elective officers of said City shall remove from said city during the term for which they have been elected, the office of the person so removing shall become vacant.
Sec. 18. The Mayor shall preside over all meetings of the common council, and see that all the ordinances of the City are enforced, respected and observed, and that all the officers of the City discharge their respective duties. In the absence of the Mayor any one of the Aldermen present may be appointed to preside; in case of a tie the Mayor shall have the casting vote, but no other.
Sec. 19. No member of the common council shall, during the period for which he was elected, be appointed to or competent to hold any office of which the emoluments are paid from the City treasury, or paid by or directed to be paid by any act or ordinance of the common council, or be directly or indirectly interested in any contract, the expenses or consideration whereof are to be paid under any ordinance of the common council. The members of the common council shall be conservators of the peace, and shall be exempt from jury duty and road and street labor during their term of office.
Sec. 20. There shall be twelve stated meetings of the common council in each year, at such times and places as may be prescribed by the common council. Special meetings may be called by the Mayor or any two of the Aldermen.
Sec. 21. The common council shall have power to require all City officers to give bond with sufficient sureties for the due performance of all the duties of their respective offices.
Sec. 22. The city officers, except in cases in which their compensation is regulated by law, shall receive such reasonable fees or compensation as the common council shall, by ordinance, order or resolution, direct and appoint.
Sec. 23. The common council shall have power from time to time to require and prescribe other and further powers and duties of all officers, whose powers and duties are herein prescribed, and prescribe and determine the powers, duties and liabilities of all officers appointed or elected to any office under this act, and whose powers, duties and liabilities are now herein specifically mentioned.
Sec. 24. All officers of the City, created conservators of the peace by this act, or authorized by any ordinance, shall have power to arrest or cause to be arrested with or without process, all persons who shall break the peace, or threaten or attempt to break the peace, or be found violating any ordinance of the City, commit for examination or trial, and if necessary detain such person in custody over night, or the Sabbath, in the City prison or county jail, or other safe place, or until they can be brought before a proper magistrate, and shall have and exercise such other powers as conservators of the peace as authorized by law or prescribed by ordinance.
Sec. 25. The City Marshall shall be a conservator of the peace, and shall have power to suppress riots and breaches of the peace, and to take into custody any person who shall in his presence be engaged in the commission of any such offense, or any indictable offense, and take such person before the proper magistrate for examination or trial. Said Marshal shall also have power to restrain for a reasonable time all persons who shall be found drunk, or who shall threaten or attempt to break the peace, or who shall violate or threaten or attempt to violate any ordinance or police regulation of said City, and he shall be authorized to command assistance for such purpose of every male inhabitant of said City over the age of eighteen years to aid in the enforcing of the laws and ordinances of said City, and any person who shall without legal cause, not obey such call, shall forfeit to said City a fine not exceeding five dollars, and not less than three dollars, to be recovered in an action of debt in any court of competent jurisdiction, and he may commit any such person to the City or county jail, and if necessary, there detain such persons over night or the Sabbath, or until they can be brought before the proper magistrate for trial. The City Marshall shall have power to execute writs or any other process issued by the Police Magistrate or any Justice of the Peace in said City, anywhere within the limits of the county of Carroll, and shall be entitled to the same fees for traveling as are allowed to Constables in similar cases. The said City Marshall; by virtue of his office, shall be a constable of Carroll county, with power to serve processes, and to do all acts allowed to other constables by law, and shall give bonds as other constables are required by law to give, which bond shall be filed in the office of the City Clerk.
Sec. 26. The Clerk shall keep a record of the proceedings of the common council, at whose meeting it shall be his duty to attend, and copies of all papers, duly filed in his office, and transcribe from the records of the proceedings of the common council certified by him under the corporate seal, shall be evidence in all courts, in like manner as if the original were produced. He shall likewise draw all warrants upon the Treasury, and sign the same, and keep an accurate account thereof in a book to be provided for that purpose. He shall also have power to administer any oaths required by the laws of this State, or by this Act, or by the Ordinances of said City, and shall be the keeper of the corporate seal.
Sec. 27. It shall be the duty of the city attorney to conduct all the law business of the corporation and all other law business in which the city shall be interested, when so ordered by the common council. He shall draft all Ordinances, bonds, contracts, leases, conveyances, and such other instruments of writing as may be required by the business of the city, and to perform such other duties as may be prescribed by the ordinances of the city.
Sec. 28. The City Treasurer shall receive all moneys belonging to the city, and keep an accurate account of all receipts and expenditures.
Sec. 29. All warrants drawn upon the Treasurer must be signed by the Clerk, and countersigned by the Mayor, stating therein the particular fund or appropriation to which the same is chargeable and the person to whom payable, and no money shall be otherwise paid than upon such warrants so drawn. The Treasurer shall keep a separate account of such fund, or appropriation, and the debts and credits belonging to them, and to perform such other duties as may be ordained by the common council.
Sec. 30. It shall be the duty of the City Collector to collect all taxes and assessments which may be levied by said city, and perform such other duties as may be ordained by the common council.
Sec. 31. The City Assessor shall perform all the duties in relation to the assessing of property, for the purpose of levying the taxes imposed by the common council, in the performance of his duties he shall have the same powers as are or may be given by law to county or town assessors and be subject to the same liabilities.
Sec. 32. It shall be the duty of the Street Commissioners to superintend all local improvement in the city, when so instructed by the common council, and to carry into effect all orders of said council in relation thereto. It shall be his duty to superintend the opening of streets and alleys, and the grading, improving and repairing of the same, the construction and repairing of bridges, culverts and sewers; to order the laying, relaying and repairing of sidewalks; to give notice to the owners of property adjoining such sidewalks, when required, and upon the failure of any person to comply with such notice to cause the same to be laid, relaid or repaired and apportion the costs thereof among the persons or lots properly chargeable therewith, in proportion to the benefits resulting thereto, and to deliver the account thereof to the City Clerk to be laid before the common council; to make plans and estimates of any work ordered in relation to streets and alleys, bridges, culverts or sewers; to keep full and accurate accounts in appropriate books of all appropriations made for work pertaining to his office and of all disbursements thereof, specifying to whom made and on what account, and he shall render accounts thereof and of all his proceeding to the common council as often as required by them. He shall also see that the streets, alleys and sidewalks are kept free and clear of all obstructions and do and perform all other acts and duties required of him by the common council.
Sec. 33. If any person having been an officer in said city shall not within ten days after notification and request, deliver to his successor in office all property, papers and effects of every description in his possession belonging to said city, or appertaining to the office he held, he shall forfeit and pay for the use of the city one hundred dollars, besides all damages caused by his neglect or refusal so to deliver, and such successor shall and may recover possession of the books, papers and property appertaining to his office in the manner prescribed by the laws of this State.
Sec. 34. The Common Council shall have the management, disposition and control of the finances and all the property, real, personal and mixed belonging to the corporation, and shall likewise have power within the jurisdiction of the city, by ordinance,.
First. To restrain and prohibit all descriptions of gaming and fraudulent devices, and all playing of dice, cards and other games of chance, with or without betting.
Second. To license, tax and regulate, suppress and prohibit billiard tables, and all other game tables, pin and ball alleys, and to authorize the destruction and demolition of all instruments and devices used for the purpose of gaming.
Third. To restrain, regulate, prohibit and suppress tippling houses, dram shops, gambling houses, bawdy houses, houses of ill fame and other disorderly houses, and to license, restrain, regulate, prohibit and suppress the selling or giving away of any ardent spirits or intoxicating liquors, whether ardent, vinous or fermented by any person within the city, except by persons duly licensed; except for sacramental, mechanical or medicinal purposes.
Fourth. To tax, license and regulate auctioneers, merchants, peddlers, retailers, grocers, taverns, ordinaries, hawkers, brokers and pawnbrokers.
Fifth. To tax, license, regulate and suppress hackmen, draymen, wagoners, carters, porters, omnibus drivers, cabmen and others, whether in the permanent employment of any individual, firm or corporation, or otherwise, who may pursue like occupations, with or without vehicles, and prescribe their compensation.
Sixth. To license, tax and regulate theatrical and other exhibitions, shows and other amusements.
Seventh. To authorize the Mayor or other proper officer of the city to grant and issue licenses and direct the manner of issuing and registering thereof, and the fees to be paid therefor. No license shall be granted for more than one year. Not less than one dollar nor more than three hundred dollars shall be required to be paid for any license under this act. Provided, the sum of money required to be paid for a license to keep grocery, tavern, and to retail vinous, spirituous, mixed, intoxicating or fermented liquors, need not be uniform, but the common council may in their discretion fix the rate for such license so that the same may be applied to any particular portion of the city, to be specified by ordinance. A bond with such security shall be taken, on the granting of such license, for the due observance of the ordinance or regulations of the common council.
Eighth. To prevent and suppress any riot, noise, disturbance or disorderly assemblages.
Ninth. To compel the owner or occupant of any grocery, cellar, tallow or soap factory, tannery, stable, barn, privy, sewer, drain or other unwholesome nauseous or nuisance house or place to cleanse, remove or abate the same, from time to time as the health and comfort of the public may require.
Tenth. To establish and regulate markets and other public buildings, and determine their location, and license and prohibit butchers and to revoke their licenses for malconduct in the course of trade, to regulate licenses and restrain the selling of fresh meats, fresh fish and vegetables in the city, and restrain and punish for selling.
Eleventh. To direct the location and management of and regulate breweries, tanneries and packing houses and to direct the location, management and construction of, and regulate, restrain, abate and prohibit within the city, distilleries, slaughterhouses, establishments for rendering or steaming tallow, offal and such other substances as can or may be rendered, and establishments or places where any nauseous or offensive or unwholesome business may be carried on.
Twelfth. To direct and prohibit the location and management of houses for the storing of gunpowder and other combustible and dangerous materials within the city.
Thirteenth. To regulate the keeping and carrying of gunpowder and other combustible and dangerous materials, and the use of candles and lights in barns, stables and outhouses.
Fourteenth. To prevent horseracing, immoderate riding or driving in the street, and to authorize persons immoderate riding or driving as aforesaid to be stopped by any person and to punish and prohibit the abuse of animals; to compel persons to fasten their horses, oxen or other animals attached to vehicles or otherwise, while standing or remaining within the streets or alleys or any place within the limits of the city, and also to regulate the rate of speed at which locomotives and railroad cars may be driven in said city.
Fifteenth. To prevent the encumbering or obstructing of sidewalks, streets, lanes, alleys, avenues, public grounds with carriages, carts, sleighs, sleds, wagons, wheelbarrows, boxes, lumber, timber, firewood, posts, awnings, signs or any other substance or material whatever.
Sixteenth. To prevent any person from bringing, depositing or leaving within the limits of the city, or depositing or throwing into the Carroll Creek, any dead carcass or any other unwholesome or offensive substance and to require the removal or destruction by any person who shall have placed or cause to be placed upon or near his premises any such substances, or any putrid or unsound beef, pork, meat or fish, hides or skins of any kind, and on his default to authorize the removal or destruction of the same by some officer of the city.
Seventeenth. To regulate and determine the times and places of bathing and swimming in Carroll Creek, and to prevent lewd and obscene or indecent exhibitions, exposures or misconduct, or of the use of obscene or indecent language; to restrain and punish vagrants, mendicants, street beggars and prostitutes.
Eighteenth. To restrain and regulate or prohibit the running at large of cattle, horses, swine, sheep, goats, geese, turkeys, chickens or other animals or fowls, and to authorize the impounding or sale of the same for the penalty incurred and the costs of the proceedings, and also to impose penalties on the owners of any such animals or fowls for a violation of any ordinance in relation thereto.
Nineteenth. To prevent and regulate the running at large of dogs and sluts, and to authorize the destruction of the same when at large contrary to ordinance; to prevent and regulate the rolling of hoops, playing of ball, flying of kites; to prevent the firing of crackers, squibs, rockets, firearms, and all manner of fireworks within the city, or any amusement or practice having a tendency to annoy persons passing on the streets or sidewalks or to frighten teams of horses.
Twentieth. To compel all persons to keep the snow, ice, dirt or rubbish from the sidewalk in front of the premises owned or occupied by them; to prevent and regulate the ringing of bells, blowing of horns and bugles, crying of goods and all other noises, performances and devices tending to the collection of persons on the streets or sidewalks by auctioneers or others for the purpose of business, amusement or otherwise; to establish and erect pounds and regulate the same, and to provide penalties and fines for the breach thereof, or any injury thereto; to establish, make and maintain public cisterns and reservoirs and to dig wells and erect pumps in the streets for the extinguishment of fires and the convenience of the inhabitants; to provide for the prevention and extinguishment of fires, and to organize and establish fire companies and to regulate the same, and to regulate the building and fixing of chimneys, flues and stovepipes; to prevent the deposit of ashes in unsafe places.
Twenty-first. To prescribe limits within which wooden buildings shall not be erected, or placed, or repaired, or renewed without the permission of the common council, and to direct that all and any buildings within the limits prescribed shall be made and constructed of fire-proof materials exclusively, and to prohibit the repairing or rebuilding of wooden buildings within the fire limits, when the same shall have been damaged to the extent of fifty percent of the value thereof, and prescribe the manner of ascertaining such damage.
Twenty-second. To prohibit and punish any willful or malicious destruction of public or private property; to fence, improve, ornament and protect any public grounds, and to cause shade trees to be planted in the same; to direct and regulate the planting and preserving of ornamental and shade trees, in the streets, alleys and highways; to take an enumeration of the inhabitants of said city, as often as they shall judge it necessary.
Twenty-third. To secure the general health of the inhabitants of the city; to make regulations to prevent the introduction of contagious diseases into the city; to establish hospitals and pest houses, and provide for the removal of patients thereto; to prevent the spread of contagious diseases and make quarantine laws for that purpose.
Twenty-fourth. To erect street lamps and regulate the lighting thereof, and from time to time create, alter and extend lamp districts; to have exclusive power over the streets and alleys, and remove and abate any obstructions and encroachments therein; to abate and remove nuisances and punish the authors thereof by penalties, fines and imprisonment; and define and declare what shall be deemed nuisances and authorize and direct the summary abatement thereof.
Twenty-fifth. To regulate the burial of the dead, and the registration of births and deaths, to direct the retaining and keeping bills of mortality and to impose penalties on physicians, sextons, and others, for any default in relation thereto.
Twenty-sixth. To regulate the measurement and inspection of wood, lumber, shingles, timber, posts, staves and heading, and all building materials, and to appoint one or more inspectors to regulate the weighing and place and manner of storing and selling hay; to regulate the weighing and selling of coal, and the place and manner of selling the same; to regulate the inspection of flour, meal, pork, beef, poultry and other provisions, and salt to be sold in barrels, hogsheads or other packages; to regulate the inspection of whisky and other liquors, to be sold in barrels and other vessels; to create and regulate the Police of said City; to appoint inspectors, weighers and gaugers and regulate their duties and prescribe their fees; to exclusively control, regulate, repair, amend and clean the streets and alleys, sidewalks and crosswalks, and other public grounds, and open, widen, straighten and vacate streets and alleys, and put drains and sewers therein.
Twenty-seventh. To borrow money not exceeding one thousand dollars in any one year, without a vote of the legal inhabitants of said City, and pledge the revenues of the City for its payment, and issue bonds therefor.
Twenty-eighth. To fill up drains; cleanse, alter, relay, repair and regulate any grounds, yards, barns, slips, cellars, private drains, sinks and privies; direct and regulate their construction, and cause the expenses to be assessed and collected in the same manner as sidewalk assessments.
Twenty-ninth. To authorize and direct the taking up and providing for the safe keeping and education, for such periods of time as may be deemed expedient, of all children who are destitute of proper parental care, wandering about the streets, committing mischief and growing up in mendicancy, ignorance, idleness and vice.
Thirtieth. To erect and establish a workhouse, a house of correction, make all necessary regulations therefor and appoint all necessary keepers and assistants. In such workhouse or house of correction may be confined all stragglers, vagrants, idle and disorderly persons, who may be committed thereto by any proper officer, and all persons sentenced by any criminal court or magistrate in and for the City, or for the county of Carroll, for any assault and battery, petit larceny, or other misdemeanor punishable by imprisonment in the county jail, and any person who shall fail or neglect to pay any fine, penalty or costs, imposed by any ordinance of the City for any misdemeanor or branch of any ordinance of the City, may, instead of being committed to the county jail of Carroll county, be kept therein and be subject to hard labor and confinement.
Thirty-first. To appropriate money and provide for the payment of debts and expenses of the City, and all moneys collected under and by authority of any City Ordinance shall be deemed and taken to belong to said City.
Thirty-second. The common council shall have power to pass, publish, amend and repeal all ordinances, rules and police regulations not contrary to the constitution of the United States or of this State, for the good government, peace and order of the City, and the trade and commerce thereof, that may be necessary and proper to carry into effect the powers vested by this act in the corporation, the City government, or any department or officer thereof, to force the observance of all such ordinances, rules or police regulations, and to punish violations thereof by fines, penalties and imprisonment in the county jail, City Prison, or workhouse, or both, in the discretion of the magistrate or court before whom conviction may be had; but no fine or penalty shall exceed one hundred dollars, nor the imprisonment six months, for any offense, and such fine or penalty may be recovered with costs in an action debt in the name and for the use of the City, before any court having jurisdiction, and punishment inflicted, and any person upon whom any fine or penalty is imposed shall stand committed until the payment of the same and costs and in default thereof may be imprisoned in the county jail, City Prison, or workhouse, or be required to labor on the streets or other public works of the City for such time and in such manner as may be provided by ordinance.
Thirty-third. The style of the Ordinances of the City shall be, “Be it ordained by the common council of the City of Mount Carroll.”
Thirty-fourth. All ordinances of said City, before they come in force, shall be published ten days, either by posting written or printed notices thereof, in three public places in said City, or by one insertion in a newspaper published in said City.
Thirty-fifth. All Ordinances of said City may be proven by the seal of the corporation, and when printed or published in book or pamphlet form, purporting to be printed and published by authority of the City, the same shall be received in evidence in all courts and all places without further proof.
Sec. 35. The common council shall cause to be published annually a full and complete statement of all moneys received and expended by the Corporation during the preceding year, and on what account expended.
Sec. 36. The common council shall have power by ordinance to annually levy and collect upon all property, real, personal and mixed in said City, which shall be subject to taxation by the State and County, not exceeding one percent upon the assessed value thereof, and may assess and enforce the collection of the same by any ordinance not repugnant to the constitution and laws of this or of the United States, or the said common council may if they think proper, so to do, by order, resolution or ordinance adopt the annual assessment made of the property in said City by the town assessor, and cause the same to be collected by the town collector and if said common council shall determine to adopt the assessment made by the authority of the State and County, they shall give to the County Clerk notice of their determination so to do, and the rate of taxation, and upon the receipt thereof said tax shall be extended and collected and its collection enforced in the same manner as other revenues; provided that nothing contained in this act shall be so construed as to prevent said common council from providing for the assessment and collection of such taxes by ordinances.
Sec. 37. The common council shall also have power by ordinance to levy and collect a special tax on the lots in any street, lane, avenue or alley in proportion to the benefits resulting thereto, for the purpose of building sewers, waterways and for paving, flagging, grading or planking any sidewalk, avenue or street to the center of the same.
Sec. 38. The common council by ordinance may require every able bodied male resident of the City over the age of twenty one years, and under fifty years to labor not exceeding three days in each year upon the streets, alleys, avenues of said City, at such time and in such manner as the street commissioner may direct but any such person may at his option pay in lieu thereof, one dollar for each day he shall be so assessed to labor, and such labor or payment shall be in lieu of labor required to be performed upon any road, street or alley, by any law in this State, and in default of the performance of such labor or payment of such money, the party thus neglecting shall forfeit and pay the sum of two dollars for each and every day so neglected or refused to be paid in labor or money, as aforesaid, to be recovered by the City before the police magistrate or any justice of the peace of said City.
Sec. 39. All ordinances heretofore passed or that may be passed by the President and Trustees of the town of Mount Carroll, shall remain in full force until repealed by the common council and all rights, actions, fines, forfeitures and penalties, in suit or otherwise which have accrued to the President and Trustees of the town of Mount Carroll, shall be vested in and prosecuted by the corporation hereby created.
Sec. 40. All property real, personal, and mixed belonging to the President and Trustees of the town of Mount Carroll, is hereby vested in the Corporation created by this act.
Sec. 41. In all cases under the ordinances of said City, changes of venue and appeals shall be allowed as in other cases before justices of the peace.
Sec. 42. No person shall be an incompetent judge magistrate, justice, witness or juror, by reason of his being an inhabitant of said City in any action or proceeding in which the City is a party interested.
Sec. 43. This act is hereby declared to be a public act, and may be read in evidence in all Courts of law and equity in this State without proof.
Sec. 44. All acts or parts of acts, coming within the provisions of this Charter, or contrary to or inconsistent with its provisions, are hereby repealed. This act shall be submitted to the legal voters of territory herein named at the next regular town meeting. The tickets shall be endorsed “For the Act” or “Against the Act” and if a majority of the votes cast are “For the Act” the same shall become a law but not otherwise. Returns of such election shall be made as in other cases of election and the Clerk of the County Court of Carroll County, shall file with the Secretary of State his certificate of the fact that the provisions of this section have been complied with, with a statement of the result and a certified copy of the same, under the hand and seal of the Secretary of State shall be evidence in all Courts and places of the facts therein contained.
F. CORWIN,
Speaker of the House of Representatives.
WM. BROSS,
Speaker of the Senate.
Approved, February 25th, 1867. R.J. OGLESBY.