Bill to Incorporate the City of Nauvoo, between 4 October and 12 December 1840

  • Source Note
  • Historical Introduction

Document Transcript

A Bill to incorporate and establish the City of , and for other purposes.
Sec. 1. Be it enacted by the People of the State of , represented in the General Assembly, That the north east quarter, and the south east and south west fractional quarters of section two, township six north of range nine west of the fourth principal meridian; also the west half of the south west quarter of section thirty six— the fractional north east quarter of section thirty five, and fractional south east and south west quarters of section thirty five of township seven north of range nine west of the fourth principal meridian— including the town plats of and , <​and all the additions thereunto,​>— and one <​two​> miles in every direction from the extreme limits or boundaries of the aforesaid tract of land, being within the county of and State of ; be, and the same is hereby erected into a corporate city, to be known by the name of the “City of Nauvoo.”
Sec. 2. That it shall be lawful for the [p. [1]] male inhabitants of said , having the qualifications of electors of members of the General Assembly, to meet at the usual place of holding elections in said , on the first Monday in January next, and on the first Monday in January annually thereafter, at the Mayor’s Office, and then and there proceed, by a plurality of votes, to elect by ballot, a Mayor, Recorder, two <​four​> Aldermen, and five <​nine​> Councilors, who shall have the qualifications of electors in said ; and the persons so elected shall hold their offices for one year, and until their successors shall be elected and qualified, and, together with the Marshal and Treasurer, shall constitute the City Council.
Sec. 3. That at the first election under this act, three Judges and a Clerk shall be chosen, viva voce, by the electors present, and shall take an oath or affirmation faithfully to discharge the duties of Judges and Clerk of said election, and at all subsequent elections, the Mayor and Aldermen, or any two of them, shall be Judges, and the Recorder, Clerk of the [p. 2] election; and at all such elections, the polls shall be opened not later than nine o’clock A. M., and closed at six o’clock P. M., of the same day; at the close of the polls, the votes shall be counted, and a statement thereof proclaimed at the front door of the house where said election shall be holden; and the Clerk shall leave with each person elected, or at his usual place of residence, within five days after the election, a written notice of his election; and the persons so elected and notified, shall, within ten days after the election, take an oath or affirmation to support the Constitution of the , and of this , and, also, an oath of office, a certificate of which shall be deposited with the Recorder, and by him preserved.
Sec. 4. That the Mayor, Recorder, Aldermen, Councilors, Marshal, and Treasurer, of said , shall be a body politic and corporate, with perpetual succession, to be known by the name of the “City Council of the City of Nauvoo;” and shall be capable in law to acquire, hold, enjoy, and transfer, property, real, personal, or mixed, for the use and benefit of said ; may have [p. 3] a common seal, and alter the same at pleasure; may sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity having competent jurisdiction; and in all suits against the corporation, the first process shall be by a summons, an attested copy of which shall be left with the Recorder, or at his usual place of residence, at least ten days before the return day thereof.
Sec. 5. That the City Council shall have plenary power and authority to make, ordain, establish, and execute, all such laws and ordinances, not repugnant to, nor inconsistent with, the Constitution of the , or of this , as they may deem necessary for the peace, benefit, good order, regulation, convenience, and cleanliness, of said ; for the protection of property therein from destruction by fire, or otherwise, and for the health and happiness of the citizens thereof; they shall have power to fill all vacancies which may happen by death, resignation, or removal, in any of the offices herein made elective, to appoint a Treasurer and Marshal, and all such other officers as they may deem necessary, to [p. 4] prescribe their duties, to require of them such security for the performance of their duties as they may deem necessary, and to remove them at pleasure, to fix and establish all the fees of the officers of said corporation not herein established, to impose such fines not exceeding one hundred dollars for each offence as they shall deem just, for refusing to accept any office in or under the corporation, or for mis-conduct therein, to divide the into wards or add to the number of Aldermen or Councilors at pleasure, and to do all other acts which do now or may hereafter appertain to any other city in this .
Sec. 6. That the Mayor and Aldermen shall be conservators of the peace within the limits of said corporation, and shall have all the powers of Justices of the Peace therein, both in civil and criminal cases; and in all their acts, as Justices of the Peace, they shall be governed by the same laws, receive the same fees, and give the same bonds and security, as are required, allowed [p. 5] and provided, for other Justices of the Peace in this ; the Mayor shall have plenary power and original jurisdiction in all cases arising under the laws and ordinances of the corporation, and to issue such process as may be necessary to carry into execution or effect such laws and ordinances; Provided, that an appeal may be had from any decision, or judgment, of said Mayor or Aldermen, to the Municipal Court, which court shall be composed of the Mayor, as Chief-Justice, and the Aldermen, as Associate-Justices, and from the final decision, and judgment, of the Municipal Court, to the Circuit Court, in the same manner as that of a Justice of the Peace in like cases: Provided, also, that the parties litigant shall have a right to a trial by a Jury of twelve men, in all cases, before the Municipal Court.
Sec. 7. That it shall be the duty of the Recorder to make and keep accurate records of all laws and ordinances made and ordained by the City Council, and of all their proceedings in their corporate capacity, which [p. 6] records shall, at all times, be open to the inspection of the electors in said ; and to perform such other duties as may be required of him by the laws and ordinances of the corporation; and to serve as Clerk of the Municipal Court.
Sec. 8. That all process issued by the Mayor, Aldermen, or Municipal Court, shall be directed to the Marshal; and in the service, or execution thereof, he shall have the same power, be governed by the same rules, and receive the same fees, as are, or may be, provided by law for the direction and compensation of Constables in similar cases; the Marshal shall also perform such other duties as may be required of him by the laws and ordinances of said , and shall be the principal ministerial officer.
Sec. 9. That the Municipal Court shall sit on the first Monday in every month, and the Mayor, or any two Aldermen, shall form a quorum to do business; Provided, That the Mayor, <​or Municipal Court,​> shall have all and singular the powers and privileges in relation to the writs of habeas corpus, <​or divorce,​> as are exercised by, or appertain to, a Judge of the Circuit Court. [p. 7]
Sec. 10. That the City Council shall have power to assess, for corporation purposes, such tax, or taxes, as they may deem expedient, on all the property in said made taxable for and purposes, not exceeding one half of one per cent. in any one year, to be as-certained and apportioned according to the general valuation and grand list made and established by the laws of the ; duplicates of all such taxes shall be made out and signed by the Recorder, and delivered to they Collector.
Sec. 11. That the Marshal shall be the Collector of all taxes assessed by the City Council; and he is hereby authorized and required to collect and pay over the same to the Treasurer within three months from the time of receiving the duplicate thereof, taking the Treasurer’s receipt as his voucher; and he is hereby authorized and required, if necessary, to make distress and sale of property, to effect such collection, the same as Constables are required to do in cases of executions; the Marshal shall make personal demand of every resident [p. 8] charged with a tax; and whenever it shall be necessary to take property, the Marshal shall give ten days’ notice, by advertizement, in three of the most public places in the corporation, or in a newspaper, published or generally taken in said , before he shall make distress for the collection of any tax; and in case the tax on any lot, or part of a lot, remain unpaid three months after the expiration of the time by this act allowed for the collection thereof, then the Marshal shall give notice in some newspaper, published or generally taken in said , stating the amount of such tax, and the number of the lot on which it is due; and that the same will be sold to dis-charge said tax, unless payment thereof be made within two months from the date of such advertizement; and if such tax be not paid within that time, he shall proceed, after giving thirty days’ notice of the time and place of sale in some newspaper generally taken in said , to sell, [p. 9] at public auction, so much of said lot, or part of a lot, as will dis-charge said tax and the accruing costs; and the said Marshal is hereby authorized and required to make, execute and deliver to the purchaser or purchasers, a deed in fee simple, conveying all the right, title and interest, which the owner, or owners, had in and to the lot, or part of a lot, sold as aforesaid; Provided, That any such owner, or owners, who shall appear within one year after such sale, and pay the purchase money with interest, and twenty per cent. penalty thereon, shall be entitled to redeem the same, and to receive a conveyance of such lot, or part of a lot, so sold, from the purchaser, or purchasers, saving to infants, and feme coverts, the right of redemption at any time within two years after such disability shall be removed.
Sec. 12. That the City Council shall have power to regulate and improve the streets, roads, lanes, and alleys, and to determine the width of the side-walks, within the corporation; to remove all [p. 10] nuisances and obstructions from the streets, roads, lanes, alleys, and commons within the same, and in all respects regulate all commons or public grounds; provide for the due execution thereof; and to do all other things which a corporation of a similar nature can do to secure the peace, benefit, health, happiness, and good order of the inhabitants of said .
Sec. 13. That the City Council shall have jurisdiction over all licenced establishments within the corporation, to grant or refuse licences to ferries, stores, groceries, public exhibitions, and the like, for the sole use and benefit of the — all public houses and establishments of every description to be comprehended within the above enumeration.
Sec. 14. That the City Council may organize the inhabitants of the corporation into a body of independent military men, to be called the “Nauvoo City Guards,” which body shall thereafter be a body corporate and politic, with perpetual succession, with all and singular the plenary powers of a corporation— the Court Martial to be composed of the commissioned officers [p. 11] of said guards, and to constitute the law making department with full power and authority to make, ordain, establish, and execute, all such laws and ordinances as may be considered necessary for the benefit, government, and regulation, of said guards; Provided, That the officers of the guards shall be commissioned by the Governor, and said guards shall perform the same amount of military duty as is or may be required of the regular militia of the , and shall be at the disposal of the Mayor in executing the laws and ordinances of the city corporation, or th[e] laws of th[e] , and at the disposal of the Governor for the public defence, and the execution of the laws of the or of the , and shall be entitled to their proportion of the public arms; Provided, also, that said guards shall be exempt from all other military duty.
Sec. 15. That the city corporation shall be allowed the use of the county jail of the county of , for the confinement of all such persons as may be liable to imprisonment under the laws and ordinances of the [p. 12]