People ex rel. Longenecker v. Village of Harvey

Citations

• 142 Ill. 573
• 32 N.E. 295

Syllabus

<p>1. 'Municipal corporation- — “incorporated town” defined. An incorporated town, within the meaning of the statute, which provides for the formation of villages out of territory not included within the limits of any incorporated town, village or city, is a village or small collection of residences which has become incorporated for the better regulation of its internal police, etc. The clause that the territory of a proposed village shall not include territory in the limits of any city, etc., means that the new organization shall not encroach upon the territory of another municipal corporation. It does not prohibit the inclusion of territory of a town under the township system.</p> <p>2. .Where a county adopts the Township Organization law, a town organized under such law is a local subdivision of the State without the solicitation or consent or concurrent act of the people living therein. It is an involuntary organization for governmental purposes, and it is not an incorporated town, within the meaning of section 5, article 11, of chapter 24, of the Revised Statutes, even though it may have many of the powers of an incorporated town conferred upon it by special act.</p>