Ordinance, 31 October 1842, as Published in the Wasp
Source Note
Nauvoo City Council, Ordinance, , Hancock Co., IL, 31 Oct. 1842. Version published in “An Ordinance Concerning the Public Revenue of the City of Nauvoo,” Wasp, 12 Nov. 1842, [1]–[2].
to make report thereof to the clerk of the Municipal Court of the on the first Monday of December of each year, unless a longer time be granted by the City Council, which report shall be in the following form.
List of lands and city lots situated within the limits of the city of and State of , on which taxes remain due and unpaid for the year A. D. 18[blank].
Names of Owners.
City Lots.
Other Lands.
Cost.
Amount of Tax.
Valuation.
Description.
Ward.
Sec. 21. Before making the report to the Municipal Court referred to in the preceding section, the Assessors and Collectors shall publish in some newspaper within the , if any such there be, and if there be no such paper printed in the city, then by putting up a written notice in each Ward at least four weeks previous to reporting to said Court, and the said advertisement shall contain a list of the delinquent lands and city lots to be reported to said court, the names of the owners if known, the amount of taxes due, and costs due thereon, and the year for which the same are due, and shall give notice that application will be made to the Municipal Court for judgment against said lands and city lots for said taxes and costs thereon, and for an order to sell the said lands or city lots for the satisfaction thereof and shall also give notice that on the [blank] day next succeeding the said term of the said court all the lands against which judgment shall be pronounced and for the sale of which such order shall be made, will be exposed to public sale at the Recorder’s office for the amount of said taxes and costs due thereon, and the Assessor and Collector shall obtain a certificate from the printer of said publication, or if notice be given, by putting up written notice in each Ward, then the collector shall certify to the same, and a copy of said Advertisement together with the certificate of the due publication and report provided for in the 20th section of this ordinance shall be filed in the office of the clerk of the Municipal Court.
Sec. 22. The clerk of the Municipal Court upon the filing of such report and certificate aforesaid, shall recieve and record the same in a book to be kept for that purpose, in which he shall enter all judgments, orders, and other proceedings of the court in relation thereto, and shall keep and preserve the same as a part of the records of his office, and shall docket all suits brought for taxes in the usual form of debt, stating that the same is for taxes.
Sec. 23. It shall be the duty of said court to hear and determine, if any defence be made, all suits brought for taxes, and if no defence be made, the said court shall pronounce judgment against said city lots or other lands, and shall thereupon issue an order for the sale of the same, which shall be in the following form, to wit:
State of Illinois,)
sct. [scilicet]
City of .)
Whereas A. B. Assessor and Collector of [blank] Ward in the city of , returned to the Municipal Court of this on the [blank] day of [blank] 18[blank], the following city lots and tracts of land as having been assessed for taxes by the Assessor and Collector of said [blank] Ward, for the year 18[blank], and that the taxes thereon remained due and unpaid on the day of the date of the Assessors and Collectors return, and that the respective owner or owners have no goods and chattels within this on which the said Assessor and Collector can levy for the taxes and costs due thereon and unpaid on the following described lands and city lots, to wit:
[3 lines blank]
And whereas due notice has been given of the application for judgment against said city lots or other lands, and no owner hath appeared to make defence or shew cause why judgme[n]t should not be entered against the said city lots and other lands for the taxes and costs due thereon and unpaid for the year herein set forth. Therefore it is considered by the court that judgment be and is hereby entered against the aforesaid tract or tracts of land, or city lots, or parts thereof (as the case may be) in the name of the city of for the sum annexed to each tract of land or city lots, being the amount of taxes and costs due severally thereon; and it is ordered by the court that the several tracts of lands, or city lots, or so much thereof as shall be sufficient of each of them, to satisfy the amount of taxes and costs annexed to them severally, be sold as the law directs.
Sec. 24. It shall be the duty of the clerk within five days after the adjournment of said court to make out under the seal of said court a copy of the Assessors and Collectors report together with the order of the court thereon, which shall constitute the process on which all lands and city lots shall be sold for taxes, and deliver the same to the city Marshal, and the Marshal thereupon shall cause the said lands to be sold on the day specified in the notice given by the Assessors and Collectors, and make return thereof to the clerk aforesaid within ten days after the day of sales.
Sec. 25. Any persons owning or claiming lands advertised for sale as aforesaid may pay the taxes and costs due thereon, to the assessor and collector at any time before judgment be pronounced against said lands or city lots, or to the clerk at any time before the report of the Assessor and Collector shall be delivered to the Marshal, and to the Marshal at any time before the sale of the same.
Sec. 26. The clerk of the Municipal Court shall attend all sales of lands or city lots, made by the Marshal, under the provisions of this ordinance, and shall keep a register of the sales in a book to be provided for that purpose, in which he shall enter each lot or parcel of land exposed to sale by the Marshal, copying the description of the same from the advertisement, and when a sale is made he shall enter the name of the purchaser, his place of residence, the quantity of land sold, and when any tract or parcel of land is run down, shall designate what part of said tract is sold, and the amount of the sale and give certificates of purchase to the purchaser.
Sec. 27. Sales of city lots or other lands under this ordinance shall be made between the hours of ten o’clock A. M. and three o’clock P. M. and continue from day to day if necessary, until all is sold and if no person offers to pay the said amount of tax and cost due thereon for the whole tract of land or city lot offered by the Marshal, the same shall be struck off to the city, and the city set down as the purchaser thereof.
Sec. 28. When a portion of any such city lot or tract of land shall be struck off on any bid, it shall be taken off from an average quality of the same, considered without the building that may be found thereon.
Sec. 29. Lands or city lots sold under the provisions of this ordinance may be redeemed at any time before the expiration of two years from the date of the sale by any person who will pay double the amount for which the same was sold, and all taxes accruing after such sale, together with six per cent interest on the amount of each subsequent year’s tax.
Sec. 30. Immediately after the expiration of two years from the date of the sale of any land for taxes under the provisions of this ordinance, the Marshal shall make out a deed for each city lot or tract of land sold and remaining unredeemed and deliver the same to the purchaser upon the return of the certificate of purchase. Deeds executed by the Marshal shall be in the following form:
Know all men by these presents that whereas on the [blank] day of [blank] A. D. 18[blank] before the Municipal court of the city of a judgment was obtained in said courl [court] in favor of the city of against the (here insert the description of the land) for the sum of [blank] dollars and [blank] cents, being the amount of taxes and costs assessed upon said tract of land (or city lot) for the year 18[blank]. And whereas on the [blank] day of [blank] 18[blank], I, A. B. Marshal of the aforesaid by virtue of a precept issued out of the Municipal Court of the city aforesaid, dated the [blank] day of [blank], and to me directed, did expose to public sale at the [blank] in the aforesaid, [i]n conformity with all the requisitions of the ordinances and laws in such cases made and provided, the tract of land (or city lot) above described, for the satisfaction of the judgment so rendered as aforesaid. And whereas at the time and place aforesaid, C. D. of the [blank] and State of [blank] having offered to pay the aforesaid sum of [blank] dollars and [blank] cents for [blank] which was the least quantity bid for, the said tract of land (or city lot) was stricken off to him at that price. Now therefore I, A. B. Marshal as aforesaid for and in consideration of the sum of [blank] dollars and [blank] cents to me in hand paid by the said C. D. at the time of the aforesaid sale, and by virtue of the ordinance in such case made and provided, have granted, bargained, and sold, and by these presents do grant, bargsin [bargain] and sell unto the said C. D. his heirs and assigns the [blank] To have and to hold unto him the said C. D. his heirs and assigns for ever, subject however to all the rights of redemption provided by law. In witnecs whereof I A. B. Marshal as aforesaid, by virtue of the authority aforesaid have hereunto subscribed my name and affixed my seal this [blank] day of [blank] 18[blank].
—— Marshal.
Sec. 31. The clerk of the Municipal Court shall as city Recorder keep a correct account of all monies or treasurers receipts that shall come to his hands, so as to enable him to give a correct statement of the finances of the at the end of each Municipal year.
Sec. 32. The following fees and compensation shall be allowed to the several offices and persons herein named for services rendered under the provisions of this ordinance, viz: To each Assessor and Collector a sum of two dollars per day for every day necessarily employed in the performance of his duty. To the city treasurer for receiving and paying out the city revenue two per cent upon all sums paid out. To the city recorder and clerk of the Municipal Court for making out transcripts from his record of lands and city lots for taxes, twenty-five cents for each certificate of purchase. And he shall also be allowed the sum of ten dollars for the strict performance of his duties as herein set forth, and making a complete exhibit of the state of the finances of the , annually, to be paid out of the city treasury. There shall also be allowed for publishing the advertisement for the sale of lands or city lots the sum of four cents for each lot or parcel of land contained in the list of sales, and also to the Assessor and Collector the sum of two cents for each city lot or parcel of land in said list, and ten per cent for selling personal property for taxes, and the sum of twenty-five cents for advertising the same. Provided he shall not reckon the time so expended in making out said list and advertising and selling, in his settlement. And to the Marshal for selling said lands or city lots, the sum of six cents for each lot or tract sold, to be collected from the sale of said property.
Sec. 33. Any person who may accept the appointment of Assessor and Collector in any Ward in this , and shall fail to perform the duties required of him, shall forfeit and pay the sum of one hundred dollars for the use of the city to be recovered by action of debt in the name of the , and shall moreover be liable for all damaages sustained by the city by reason of such failure. Provided if any Assessor and Collector is unable from sickness or any other unavoidable casualty to discharge his duties, he shall forthwith tender his resignation to the city recorder, which shall fully discharge him from the penalty aforesaid, and the City Council shall fill such vacancy.
Sec. 34. This ordinance to take effect and be in force from and after its passage.