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Full text of "An act to incorporate the city of Galesburg in Knox County"

A.>-ST' -A. C T 



TO INCORPORATE 



THE CITY OF GALESBURG, 

in kintox county. 



ARTICLE FIRST. 

OF BOUNDARIES, GENERAL POWERS, AND "WARDS. 

Section 1. Be it enacted by the people of the State of Illinois, 
represented in General Assembly, that all the districts of 
country in the County of Knox and State of Illinois, consisting of 
the tracts of land known as the West half of the South West 
quarter of Section one, the South half of section two, the South 
half of section three, the South East quarter and East half of the 
South West quarter of section four, and the East half of the North 
West quarter and the East half of the South West quarter of sec- 
tion nine, the East half of section nine, sections ten and eleven, the 
West half of the North West quarter and the West half of the 
South West quarter of section twelve, the W«st half of the North 
West quarter and the West half of the South West quarter 
of section thirteen, sections fourteen and fifteen, the East 
half section sixteen, the East half of the North West quar- 
ter and the East half of the South West quarter of section 
sixteen, the East half of the North West quarter of section 
twenty-one, the North East quarter of section twenty-one, the North 
half of section twenty-two, the North half of twenty-three, and the 
West half of the North West quarter of section twenty-four in 
Township eleven(ll) North, one (1) East, is hereby erected into a 
city, by the name of the City of Galesburg. 

Sec. 2. The inhabitants of said city shall be a Corporation, by 
the name of : 'The City of Galesburg," and by that name tr ball have 



perpetual succession, sue and "be sued, and complain and defend in 
any court, may make and use a common seal, and alter .and change 
it at pleasure, may take, hold and purchase such real, personal or 
mixed estate as the purposes of the corporation may require, within 
or without the limits of the city, and may sell, lease or dispose of 
the same for the henefit of said City. 

Sec. 3. The City of Galesburg shall divide into six wards, the 
"boundaries of which shall be as follows : The territory bounded on 
the North by the centerline of Main Street, on the south by the 
center line of South Street, on the east by the center line of Semi- 
nary Street, on the west by the center line of West Street, shall be 
called the First Ward. 

The territory bounded on the north by the center line of North 
Street, on the south by the First Ward, on the east by the center 
line of Seminary Street, on the west by the center line of W 7 est 
Street, shall be called the Second Ward. 

The territory bounded on the west by the center line of West 
Street, and by the same line extended to the northern limits of the 
city, on the south by the center line of North Street and the same 
extended to the eastern limits of the city, and bounded on the north 
and east by the City limits, shall be called the Third Ward. 

The territory bounded on the north by the Third Ward, on the 
westjby thecenter line of Seminary Street, and the same being extend- 
ed to the southern limits of the city, and on the east and south by 
the City limits, shall be called the Fourth Ward. 

The territory bounded on the east by the Fourth Ward, on the 
north by the centerline of South Street, and the same line extened- 
ed to the Western limits of the city, and on the south and West 
"by the City limits, shall be called the Fifth Ward. 

The Territory bounded on the south by the Fifth Ward, on the east 
l>y the First, Secondhand Third Wards, on the north and west by 
the City limits, shall be called the Sixth Ward. 

The boundaries of the said Wards may be, by the City Council, 
changed from time to time. The City Council may create 
additional Wards as occasion may require, and fix the boundaries 
thereof. 

ARTICLE SECOND. 

OFFICERS THEIR ELECTION AND APPOINTMENT. 

Section 1. The Municipal Government of the City shall consist 
of a City Conncil ; to be composed of the Mayor and one Alder- 
man from each Ward. The other officers of the Corporation shall 
he as follows: A City Clerk, a City Marshal, a City Treasurer, a 
City Attorney, a City Assessor, and a City Street Commissioner, 
a City -Surveyor and Engineer, who in addition to the duties pre- 
scribed by this Act, shall perform such other duties as may be pre- 
scribed by ordinance. There shall be such other officers, servants, and 
agents, as may be provided by ordinance, to be appointed by the City 

KrtOX COLLEGE LIBRARY 



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Council, and to perform such duties 'as 'may be prescribed by the 
ordinance. 

Sec. 2. All Officers to be elected or appointed under this Act, ex- 
cept Aldermen and Mich as arc otherwise provided for hereby, shall x 
hold their offices one year and until the election or 'Appointment and 
qualification of their successors respectively ; all other officers men- 
tioned in this Act, and not otherwise provided for, shall be appoint- 
ed by the City Conned by ballot, on the Second Monday of April - 
of each year, or so soon thereafter as may be, but the City Council, 
may specially authorize the appointment of Watchmen and Police- , 
men by the Mayor, to continue in office during the pleasure of the 
City Council : Provided the Mayor and City Marshal may lie au- 
thorized to remove them from office for good cause. All officers • 
elected to fill vacancies, except where especially provided for, shall ■ 
hold for the unexpired term only, and when appointed to fill vacan- 
cies, until the next general election, and until the election or ap- 
pointment and qualification of their successors. 

Sec. 3. The several Wards of the City shall be represented in the 
City Council by one Alderman from each ward, who shall be a bona 
fide resident thereof. The Aldermen shall hold their offices for two 
years from and after their election, and until the election and quali- 
fication of their successors. Bi t the Aldermen elected in the First, 
Third, and Fifth Wards at the fii-st election held under this Act, 
shall hold their offices for one year,^and till their successors are qual- 
ified only. But at the annual election in April, i 85^, there shall be 
elected Aldermen for the First, Third, and Fifth Wards, who shall 
hold their office for two years from the time of their election. 

Sec. 4. If from any cause, there shall not be ,a quorum of Al- 
dermen, the clerk shall appoint the time and place for holding a 
special election to simply such vacancies, aud to appoint .Judges 
thereof, if necessary. If any Alderman shall remove from the 
Ward represented by him, his office shall thereby become vacant. 
If there should be a failure by the people to elect any officer he rein 
required to be elected, the City Council shall forthwith order a new 
election. 

Sec. r>. Any officer elected or appointed to any office may be re- 
moved from such office by a vote of two-thirds of all Aldermen 
authorized to be elected. But no officer shall be removed, except 
for good cav.se. nor unless first furnished with the charges against 
him, and heard in bin defense. And the City Council shall have 
power to compel the attendance of witnesses and the production of 
papers when necessary for the purpose of such trial, and shall pro-. 
ceed' within ten days to hear and determine upon the merits o'l the 
case: And if such officer shall neglect to appear and answer to 
euch' charges, then the City Council may declare the office vacant. 
Provided this Section shall not be deemed to apply to any officer 
appointed by the City Council. Such officer may be removed at 
any time by a vote of two-thirds, as aforesaid in their discretion, 



but any officer maybe suspended until the disposition of the charges 
preferred. 

Sec. 6. Whenever any vacancy shall occur in the office of Mayor 
or Alderman, such vacancy shall be filled by a new election, and 
the City Council shall order such special elections within ten days 
after the happening of such vacancy. Any vacancy occurring in any 
other office may be filled by appointment of the City Council, but 
mo special election shall be held to fill vacancies if more than nine 
months of the time has expired. 

Sec. 7. All citizens of the United States, qualified to vote at any 
election held under this Act, shall be qualified to hold any office 
created by this Act. 

Sec. 8. When two or more candidates for any elective office shall 
have an equal number of votes for such office, the election shall be 
determined by the casting of Lots, in the presence of the City 
Council. 

ARTICLE THIRD. 

OF ELECTIONS. 

Section 1. A General Election shall be held in each Ward of 
the City on the first Monday of April next. The time in said day 
and the place of such elections in each Ward shall be determined 
by the Trustees of the town of Galesburg, who shall give six days 
notice thereof, posted in one public place in every Ward ; and they 
shall also appoint three Inspectors of election for each Ward. In 
Case the said Trustees should fail to appoint the time and place of 
such elections, and the inspectors thereof, the qualified electors in 
each Ward h ay assemble at any place in such Ward and appoint 
Inspectors from the voters present. At such election shall he chosen 
a Mayoi and one Alderman in each Ward, the Alderman to be 
voted for only by the residents of the Ward for which he is elected 
to represent ; a City Clerk, a City Marshal, a City Treasurer, a City 
Asssesor, and a City Street Commissioner ; and at the same time 
and place the voters of said City shall elect a Justice of the Peace, 
as the voters of the dist.ictof country included within the corpo- 
rate limits of the town of Galesburg, are authorized to do by the 
Charter of said town, which authority is in no wise changed by this 
Act, only that such Justice shall be elected by the voters of the city 
instead of the town of Galesburg, upon each and every fivst Monday 
in April, thereafter, there shall be held a general election for all the 
officers required to be elected at such times by this Act, or the ordi- 
nance of the City. 

Sec. 2. The manner of conducting and voting at the elections 
held under this Act, and contesting the same — the keeping the poll- 
lists, canvassing the votes, and certifying the returns, shall be the 
same as nearly as may be as is now, or may be hereafter provided 



by law at general State elections, provided the City Council shall 
have power to regulate elections and appointments of Judges thereof. 
The voting shall be hy ballot, and the Judges of the election shall take 
the same oath and shall have the same powers and authority as the 
Judges of general elections. After the closing of the polls the 
ballots shall bo counted in the manner provided by law, and the 
returns shall he returned sealed, to the City Clerk within two days 
after the election, and thereupon the City Council shall meet and 
canrass the same, and declare the result of the election. The per- 
sons having the highest number of votes for any <»ffiee, shall be de- 
clared elected. It shall be the duty of the City Clerk to notify all 
persons elected, or appointed to office, of their elections or appoint- 
ments, and unless such persons shall qualifiy within twenty 
days thereafter, the office shall become vacant. At the first election 
held on the first Monday of April next, the returns shall be made 
to the Clerk of the Board of Trustees of the town of Galeshurg, 
and the President and Trustees thereof, shall meet and canvass the 
game, and declare the result of the election. 

Si:c. 3. No person shall be entitled to vote at any election under 
this Act, who is not entitled to vote at State elections, and wdio has 
not been a resilient of said city at least six months, next preceding 
said election : he shall have been moreover an actual resident of the 
Ward in which he proposes to vote for ten days previous to such 
election, and if required by any judge or qualified voter, shall take 
the following oath before he is permitte i to vote : •' I swear (or 
affirm) that I am of the age of twenty-one years, that I am a citi- 
zen of the United States, or was a resident of this State ct the time 
of the adoption of the Constitution, and have been a resident of 
this City six months, and a resident of the State one year imme- 
diately preceding this election, and am now and have been for the 
last ten days past, a resident of this Ward, and have not voted at 
this election," provided that the voter shall he deemed a resident 
of the Ward in which he is accustomed to lodge. 

ARTICLE FOURTH. 

POWERS AND DUTIES OF OFFICERS. 

Section 1. Every person chosen 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 the oath of 
offioe prescribed in the Constitution of this State, and file the samo 
duly certified by the officer before whom it was taken, with the 
City Clerk. 

Sec. 2. The Mayor shall preside over the meetings of the City 
Council, and shall take care that the laws of this State and the 
ordinances of this city are duly enforced, respected, and observed 
within this city, and that all other officer.' of the city discharge 
their respective duties, and he shall cause negligence and positive 



6 

violation of duty to be prosecuted and punished; lie shall from time 
to rime give the Citv Conncil snch infoimation, and recommend. 

such measures as he may deem advantageous to the' citv. 

Sec 3. He is hereby authorized to call on any'and all while male 
inhabitants of the city or county over the age of eighteen years to 
aid in the enforcing the laws of the State or ordinances of the city, 
and in case of not, to call out the militia to aid ill suppressing the 
same or carrying into effect any law or ordinance, and any person 
who shall not obey such call, shall forfeit to said city a line of not 
less than five dollars. 

. Seo. 4. lie shall have power whenever he may deem it necessary, 
to require of any of the officers of the city an exhibit of all his 
books and papers, and lie shall have power to execute all acts that 
may be required of him by this Act or any ordinance made in pur- 
suance thereof. 

Sec. 5. He shall receive such salary as may be fixed by ordinance. 

Sec. G. All ordinances ami resolutions shall before they take ef- 
fect be placed in the office of the City Clerk, and if the Mayor ap- 
prove thereof, he shall sign the same, and such as he shall 
not approve *he shall return to the City Council with his objec- 
tions thereto ; upon the return of any ordinance or resolution by 
the Mayor, the vote by which the same was passed shall be recon- 
sidered, and if after such reconsideration, a majority of all the 
members elected to the City Council shall agree by the " ayes and 
noes " which shall be entered upon the journal to pass the same, it 
shall go into effect, and if the Mayor shall neglect to approve or object 
to any such proceedings for a longer period than three days after the 
same shall be placed in the Clerk's office as aforesaid, the same 
shall go into effect. He shall ex-officio have power to administer 
any oath required by this Act, to be taken, or any law of the State, 
to take depositions, acknowledgments of deeds, mortgages, and all 
other instruments of writing, and certify the same under the seal of 
the City, which shall be good and valid in law. 

Sec. 7. In case of vacancy in the office of Mayor or of his being 
unable to perform the duties of Ins office by reason of temporary 
or continued absence or sickness, the City Council shall appoint one 
of its members by ballot to preside over their meetings, whose offi- 
cial designation shall be Acting Mayor, and the Alderman so ap- 
pointed, shall be vested with full powers, and perform all the 
duties of Mayor until the Mayor shall assume his office, or the va- 
cancy shall be filled by a new election. 

Sec. 8. The members of the City Council shall be "ex-officio" 
fire-wardens ami conservators of the peace within the city, and shall 
be exempt from jury duty during their time of office. 

Sec. 9. The Clerk shall hold his office for three years, he shall 
keep the corporate seal and all papers and books belonging to the 



city, he shall attend all meetings of the City Council, and keep a 
full record of their proceedings on the journals, and copies of all 
papers duly filed in his office, and transcripts from the journals of 
the proceedings of the City Council certified by him under the cor- 
porate seal, shall be evidence in all courts in like manner as if the 
originals were produced, he shall likewise draw all warrants on the 
treasury, and countersign the same, and keep an accurate account 
thereof in a book provided for that purpose, he shall also keep an. 
accurate account of all receipts and expenditures in such a manner 
as the City Council shall direct, and he shall have power to ad- 
minister any oath required to be taken by this Act. 

Sec. 10. It shall be the duty of the City Attorney to perform all 
professional services incident to his office, and when required to 
furnish written opinions upon questions and subjects submitted to 
him by the Mayor or the City Council or its committees. 

Sec, 11. The City Treasurei^shall collect all taxes and assessments 
which may bs levied by the City Council, he shall receive all mon- 
ies belonging to the city, and shall keep an accurate account of all 
receipts and expenditures, in such a manner as the City Council 
shall direet, all monies shall be drawn from the treasury, in pursu- 
ance of an order from the City Council, by a treasury warrant sign- 
ed by the Mayor or the presiding officer of the City Council and 
countersigned by the City Clerk. The Treasurer sha 1 exhibit to 
the City Council at least twenty days before the annual election of 
each year, and oftener if required, a full and detailed account of all 
receipts and expenditures since the date of the last annual report, and 
also the state of the treasurv, which shall be filed in the office of the 
Clerk. 

Sec. 12. The City Marshal shall hold his office for one year, and 
he shall not be eligible to said office for more than three years in 
succession, and shall perform such duties as shall be prescribed by 
the City Council, for the preservation of the public peace, the col- 
lection of licence monies, fines, or otherwise, he shall possess the 
powers and authority of a constable at common law, and under the 
statutes of the State, and shall receive like fees, but shall not serve 
civil process withont first entering into bond as such constable to 
be approved by the City Council payable to said city, as in other 
cases, he shall execute and return all process issued by any proper 

officer under this Act, or auy ordinance in pursuance thereof. 
- 

Sec. 13. The City Engineei or Surveyor shall have the sole pow- 
er under the discretion and control of the City Council to survey 
within the city limits, and he shall be governed by such rules and 
ordinances, and receive such fees and emoluments for his services as 
the City Council shall direct and prescribe, he shall possess the same 
powers in making plats and surveys within the city, as is given by 
law to county surveyors, and the like effect and validity shall be 
given, to his acts, and to all plats and surveys made by him, as are 



a 



or may b» given by law to the acts or plats and surveys of the 
county surveyor ; he shall when required, superintend the construc- 
tion of all public work ordered by the city, make out the plans and 
estimates, and contract for the execution of the same, he shall per- 
form all surveying and engineering ordered by the City Council, 
shall under their direction establish the grades and boundaries of 
streets and alleys, but such plans, estimates and contracts, grades 
and boundaries shall be first reported to the City Council, and ap- 
proved by them or they shall not be valid. 

Sec. 14. The Assessor shall perform all duties in relation to the 
assessing of property for the purpose of levying the taxes imposed 
by the City Council, in the performance of his duties he shall have the 
game powers as are, or may be given, by law to county or town 
assessors, and be subject to the same liabilities, on completing the 
assessment lists and having revised and corrected the same, he shall 
sign and return them to the City Council. 

Sec. 15. The Street Commissioner shall superintend all local im- 
provements in the city, and carry into effect all orders of the City 
Council in relation thereto. It shall be his duty to superintend and 
supervise the opening of streets and alleys, and the grading, im-, 
proving, and opening thereof, and thft construction and repairing of 
bridges, culverts, and sewers, to o:der the laying and relaying and 
repairing of sidewalks, to give notice to the owners of property ad- 
joining such sidewalks when required, and upon the failure of any 
person to comply with such notice, to cause the same to be,laid or 
relaid, or repaired, and apportion the cost thereof, among the per- 
sons or lots properly chargeable therewith, and deliver the account 
thereof to the City Clerk, to be laid before the City Council, t« 
make plans and estimates of any work ordered in relation to streets 
and alleys, 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 monthly accouats 
thereof to the City Council. 

Sec. 16. The City Council shall have power from time to time to 
require further and other duties of all officers whose duties are herein 
prescribed, and prescribe the powers and duties of all officers elected or 
appointed to any office under this Act, whose duties are not heiein 
specified, and fix their compensation, they may also require all offi- 
cers severally, before they enter upon the duties of their respective 
offices, to execute a bond to the city of Galesburg in such sum and 
with such securities as they may approve, conditioned that they 
shall faithfully execute the duties of their respective offices, and ac- 
count for and pay over and deliver all monies and other property 
received by them, which bond, with the approval of the City Coun- 
cil certified thereon by the Clerk, shall be filed in his office, and re- 
main for the benefit of any persun aggrieved by the official act of 
the officer. 



9 

Sec. 17. If any person having been an officer of said city shall 
not within ten days after notification and request, deliver to his 
successor in office all the property, books, papers, and effects of 
every description hi his possession belonging to said city, or apper- 
taining to his >aid office, lie shall forfeit and pa} r for the use of the 
city, Fifty Dollars, besides all damages and costs caused by his re- 
fusal or neglect so to deliver. Ami such successor may recover 
possession of the books, papers, and effects belonging to his office, 
in the manner prescribed b} T the laws of the State. 

Sec;. 18. All officers elected or appointed under this act, shall be 
commissioned by warrant under the corporate seal, signed by the 
Mayor or presiding officer of the city Council, and Clerk. 

ARTICLE FIFTH. 

OF THE LEGISLATIVE TOWERS OF THE CITi' COUNCIL, ITS GENERAL 
TOWERS AND DUTiES. 

Sec. 1. The Mayor and Aldermen shall constitute the city Coun- 
cil. They shall meet and organize the first Thursday after their 
election, and shall meet at such times and places thereafter as they 
shall determine. The Mayor when present shall preside at all meet- 
ings of the city Council, and shall have only a casting vote. In 
his absence any one of the Alderman may be appointed to preside. 
A majority of the persons elected shall constitute a quorum. 

Sec 2. The city Council shall hold twelve stated meetings, one in 
each month during the year, and the Mayor or any two Aldermen 
may call special meetings of the Council, served personally or left 
at their usual places of abode. Petitions and remonstrances may 
be presented to the city Council ; and they shall determine the rule 
of their own proceeding, an 1 be the judges of the election and 
the qualification of their own members, and shall have power to 
compel the attendance of absent members. 

Sec. 3. The city Council shall have control of the finances and of 
the property, real and personal, and mixed, belonging to the corpo- 
ration ; and shall likewise have power within the jurisdiction of the 
city by ordinance. 

First, To borrow money on the credit of the city, and issue 
bonds of the city therefor. But no bonds shall be issued having 
more than live years to run ; and there shall never be outstanding 
bonds to a greater amount than two per cent, of the last assessed 
value of the real and personal property of the city. It shall 
be the duty of the Council to provide, either by taxation or the is- 
sue of bonds, for the payment of all claims against the city, as rap- 
idly as such claims fall due. All orders on the Treasury shall be 
made payable on demand. No appropriations shall be made for any 
public bnilding or otherjinprovement out of the general fund of the 



10 

city, except in such eases as when the city Council shall not have 
authority to provide for the same hy special taxation, levied on the 
property benefitted thereby, or where the city Council shall, hy res- 
olution, declare that it will be unjust and inecpuitable, that the prop- 
erty in the vicinity shall bear the expense of such improvement, 
and that'such improvement is required by the general interest of the 
city ; and no appropriation shall be made for any public improve- 
ment until the expense of such improvement shall be estimated by 
the proper officers, and unless it shall be found by such estimates, 
and a statement of the estimated cost of all other public works in 
progress, and other probable expenses of the city, that all such 
works can be completed within due time by the ordinary surplus 
revenue of the city, and the issue of such bonds as the Council is 
by law authorized to issue. 

Second, To appropriate money and to provide for the payment 
of the debts and expenses of the city. 

Third, To make regulations to prevert the introduction of con- 
tagious diseases into the city, to make quarantine laws for that pur- 
pose, and to enforce them within the city, and within five miles 
thereof. 

Fourth, To make regulations to secure the general health and 
comfort of the inhabitants ; to prevent, abate and remove nuisances, 
and punish the authors thereof by penalties, fines and imprison- 
ment ; to define and declare what shall be deemed nuisances, and 
authorize and direct the summary abatement thereof. 

Fifth, To provide the city with water ; to make, regulate, and 
establish public wells, pumps and cisterns, lay drains, hydrants and 
reservoirs in the streets within the city, or beyond the limits thereof, 
for the extinguishment of fire, and the convenience of the inhabitants 
and to prevent the unnecessary waste of water. 

Sixth, To have the exclusive control and power over the streets, 
alleys and highways of the city, and to abate and remove any en- 
croachments or obstructions thereon, to open, alter, abolish, widen, 
extend, straighten, establish, regulate, grade# clean, or otherwise 
improve the same, to put drains or sewers therein, and prevent the 
incumbering thereof in any manner, and protect the same from any 
encroachment or injury. 

Seventh, To establish, erect, construct, regulate and keep in re- 
pair bridges, culverts and sewers, sidewalks and crossways, and to 
regulate the construction and use of the same ; and to abate any 
obstructions or encroachments thereof ; to establish, alter, change 
and straighten the channels of water courses and natural drains ; to 
sewer the same, or to wall them up and cover them over ; and to 
prevent, regulate, and control the filling up, altering or changing 
the channels thereof by private persons. 

Eighth, To provide for the lighting of the streets, and erecting 

■ 



11 

lamp-posts and lamps therein, and regulate the lighting thereof ; 
and from time to time create, alter or extend Imap districts; to exclu- 
sively regulate, direct and control the laying and repairing of gas 
pipes and gas fixtures in the streets, alleys a:id sidewalks. 

Jfinth, To establish' market and market houses, ami other public 
buildings of the city, and provide for the government and regulation 
thereof, and the erection and location thereof, and to authorize 
their erection in the streets and avenues of the city, and the contin- 
uation of such^as are already erected within the same. 

Tenth, To provide for the inclosing, regulating and improving 
all public grounds and cemeteries belonging to the city ; and to di- 
rect and regulate the planting and preserving of ornamental and 
shade trees in the streets and public grounds. 

Eleventh, To erect and establish one or more hospitals or dis- 
pensaries, and control and regulate the same. 

Twelfth, To prevent the incumbering of the streets, alleys and 
sidewalks, or public grounds, with carriages, wagons, carts, wheel - 
barrows, boxes, lumber, timber, firewood, posts, awnings, signs, or 
any other substance or material whatever ; to compel all persons to 
keep the snow, ice, dust and other rubbish from the sidewalk and 
street-gutters in front of the premises occupied by theni. 

Thirteenth, To license, tax and regulate merchants, commission 
merchants, and all venders, dealers and traders in any goods, wares, 
merchandise, groceries or liquids, alcoholic liquors excepted, only 
thereinafter provided, and inn-keepers, brokers and money brokers, 
insurance brokers, and auctioneers, and to impose duties upon the 
sale of goods at auction ; to license, tax and regulate, suppress and 
prohibit hawkers, peddlers, pawn brokers, grocery keepers, and keepers 
of ordinaries, theatrical or other exhibitions, shows and amusements; 
provided, however, they may regulate, tax and license the keeping 
thereof, if a majority of the voters of the city, at the first city elec- 
tion authorize them to do so. in the same manner as is provided to 
determine about the sale pi' intoxicating liquors. 

14th, To license, tax, regulate and suppress hackmen, draymen, 
omnibus-drivers, porters, and all others pursuing like occupations, 
with or without vehicles, and to prescribe their compensation; and 
to regulate and restrain runners for cars, stages, and public houses. 

15th, To prohibit and suppress billiard tables, pin alleys and ball 
alleys ; to suppress and restrain disorderly houses, tippling shops 
and groceries, bawdy houses, gaming and gambling houses, lotteries 
and all other fraudulent devices and practices ; all playing of cards, 
dice and games of chance, with or without betting, and to au- 
thorize the destruction of ail instruments and devices used for the 
purposes of gambling. 

16th. To authorize the proper officer of the city to grant and 
issue licenses, and to direct the manner of issuing and registering 



12 

thereof, and the fees and charges to be paid tho.refor. No license 
shall be granted for more than one year, and no license shall be 
granted for more (less) than thirty days, except with power reserv- 
ed to the city Council to revoke such license at pleasure. The city 
Council shall have power to regulate, license, tax, prohibit and punish 
the sale of intoxicating, alcoholic or malt liquors, wine, cider, beer, 
soda-water or all and any drinks whatsoever. Provided, how- 
over, the said city Council shall have power to authorize the sale of 
intoxicating liquors, «xcept for mechanh al, medicinal or religious 
purposes, unless the voters of said city shall at their first election, 
to be held as hereinbefore provided, authorize by a majority of the 
votes then given, the common Council to authorize the sale; and it 
is hereby provided, that at the said election, the poll-books there 
used shall be provided with two columns, in one of which shall be 
set forth the number of votes in favor of authorizing the said Coun- 
cil to exerche, in their discretion, the power of licensing the sale of 
intoxicating drinks ; and in the other shall be set forth the number 
of votes against authorizing the said Council to graut such license 
as above piovided ; and if it shall appear that a majority of the 
votes polled are in favor ©f authorizing the common Council to 
grant, licenses, in their discretion as aforesaid, then the said Coun- 
cil shall thenceforth have as full power as though the above written 
proviso weie not a part of this Charter ; but if no such majority 
shall appear, then the power of the common Council shall thence- 
forth be restricted, as is provided in the above written proviso, 

17th. To regulate and license and tax the keeping and sale, by 
druggists, or other persons authorised by the city Council, of alco- 
holic liquors for sacramental, meer an ical or medicinal purposes, 
hut to no other person, and for no other use or purpose whatsoever, 
except as hereinafter provided. 

18th. To prevent, restrain and punish forestalling and regrating, 
to regulate the inspection and vending o^ fresh meats, poultry and 
vegetables ; of butter, lard and other provisions, and the place and 
manner of selling fish, and inspecting the same. 

19th. To regulate, license and prohibit butchers, to revoke their 
license for malconduct in the course of trade. 

2.0th. To establish standard weights and measures, and regulate 
the weights and measures to be used within the city ; in all cases 
not otherwise provided by law, to require all traders or dealers in 
merchandise or property of any description which is sold by meas- 
ure or weight, to cause their measures and weights to be tested and 
sealed by the city sealer, and to be subject to his inspection ; the 
standard of such weights and measures shall be conformable to 
those established by law and ordinance. 

21st. To rgulate and provide for the inspection and measuring 
of lumber, shingles, timber, posts, staves, heading, and all kinds of 
building material ; and for the measuring of al! kinds of mechani- 
cal work, and to appoint one or more inspectors or measurers. 



13 

22d. To provide for tha inspection and weighing of hay, lime 
and stone coal, and the place and manner of selling tha same ; 
to regulate the measurement of fire- wood, charcoal and other fuel, 
t» be sold or used within the city, and the place and manner of 
a elling the same. 

23d. To regulate the inspection of beef, pork, flour, meal and 
other provisions, salt, whiskey and other liquors to be sold in barrels, 
hogsheads and other vessels or packages ; to appoint weighers, 
gangers and inspectors, and prescribe theii duties and regulate their 
fees, Provided, that nothing herein contained shall be so construed 
as to require the inspection of any articles enumerated herein, which 
are to be shipped beyond the limits of the State, except at the re- 
quest of the owner thereof, or his agent. 

24th. To regulate the weight and quality of Bread to be sold 
or used within the city, [and] the inspection thereof. 

25th. To regulate the size and quality of bricks to be sold or 
used within the city, and the inspection thereof. 

28th. To create, establish and regulate the police of the city ; to 
appoint watchmen and policemen, and prescribe their duties and 
powers 

27th. To prevent and suppress any riot, affray, noise, disturb- 
ance or disorderly assembly in any public or private place within 
the city. 

2Sth. To prohibit, prevent and suppress horse-racing, immode- 
rate riding or driving in the city, and to authorize persons immode- 
rately riding or driving as aforesaid, to be stopped by any poison ; 
to prohibit and punish the abuse of animals ; to compel persons to 
fasten their hoises or other animals attached lo vehicles or other- 
wise, while standing or remaining in the streets. 

29th. To restrain and punish vagrants, mendicants, street beg- 
gars and prostitutes, and provide for the arrest and punishment of 
persons found intoxicated in the streets or public places. 

30th. To regulate, restrain or prohibit the running at large of 
horses, cattle, asses, mules, sheep, goats and geese, and to author- 
ize the distraining, impounding and sale of the same for the costs 
of proceeding and the penalty incurred ; and to impose penalties on 
the owners thereof, for the violation of any ordinance in relation 
thereto ; to regulate, restrain and prohibit the running at large of 
dogs, and to authorize their destruction when at large contrary to 
ordinance, and to impose penalties on the owners or keepers thereof. 

31st. To prohibit and restrain the rolling of hoops, flying of 
kites, or any other amusements or practices tending to annoy per- 
sons passing on the streets or side-walks, or to frighten horses or 
teams ; to restrain and prohibit the ringing of bells, blowing of 
horns or bugles, crying of goods or (and) all other noises, perform- 
ances and practices tending to the collecting of persons on the 
streets or side- walks, by auctioneers and others, for the purpose of 
business, amusement or otherwise. 






14 

32d. To abate all nuisances which may injure or effect the public 
health or comfort, in any manner they may deem expedient. 

33d. To do all acts and make all regulations which may be 
necessary or expedient for the protection and promotion of health 
and the suppression of disease. 

34th. To compel the owner of any grocery, cellar, soap or tal- 
low chandler, or blacksmith shop, tanneries, stables, privy, sewer, 
or any other unwholesome or nauseous house or place, to cleanse, 
remove or abate the same, as maybe necessary for the health, com- 
fort and convenience of the inhabitants. 

35th. To direct the location and regulate the management and 
construction of brewries, tanneries, blacksmiths' shops, foundries, 
livery-stables and packing-houses ; to direct the location and regu- 
late the management and construction of, and restrain, abate and 
prohibit within the ci(y, and to the distance of one mile from the 
limits thereof, distilleries, slaughtering establishments, establish- 
ments for rendering lard, tallow, offal, and such other substances as 
may be rendered and all other establishments or other places where 
any nauseous, offensive or unwholesome business may be carried on. 

38th. To regulate the burial of dead ; to establish one or more 
cemeteries ; to regulate the registration of births and deaths ; to 
direct the returning and keeping of bills of mortality, and to im- 
pose penalties on physicians and sextons and others, for any default 
in the premises. 

37th. To provide for the taking of an enumeration of the in- - 
habitants of the city. 

38th. To erect and establish a work-house or house of correc- 
tion, make all necessary regulations therefor, and appoint all neces- 
sary keepers or assistants in such work-house, or hou: e of correc- 
tion, in which may be confined all vagrants, stragglers, idle and 
disorderly persons who may be committed thereto by any proper 
officer, and all persons sentenced by any criminal court or magis- 
trate court, in and for the city, for any assault and battery or other 
misdemeanor, or breach of any ordinance of the city, punishable 
by imprisonment in any county jail ; and any person who shall fail 
or neglect to pay any fine, penalty or costs imposed by any ordi- 
nance of the city, for any misdemeanor or breach of any ordinance 
of the city, may, instead of being committed to the county 
jail of Knox county, be kept therein, subject to labor and confine- 
ment. 

39th. To authorise and direct the takihg 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 pa- 
rental care. 

40th. To fill up. drain, cleanse, alter, relay, repair and regulat • 
any grounds, lots, yards, cellars, private drains, sinks and privies ; 
direct and regulate their construction, and cause the expenses thereof 
to be assesed and collected in the same manner as side-walk assess- 
ments. 



15 

41st. To direct and control the laying and construction of rail- 
road trades, bridges, turn-outs, and switches in the streets and alleys, 
and the location of depot grounds within the city ; to require that 
railroad tracks, bridges, turn-outs, and switches shall be so construc- 
ted and laid but as to interfere as little as possible with the ordinary 
travel -and use of the streets and alleys ; and that suflicient space 
shall be left on either side of said tracks, for the safe and conve- 
nient passage of teams and persons ; to require railroad companies 
to keep in repair the streets through which their track may run, and 
to construct and keep in repair suitable crossings at the intersec- 
tions of streets and alleys, and sewers and ditches and culverts, 
where the city Council shall deem necessary; to direct and prohibit 
the use and regulate the speed of locomotive engines within the in- 
habited portions of the city; to prohibit and restrain railroad com- 
panies from doing storage or warehouse business, or collecting pay 
for storage. 

42d. The city Council shall have power to pass, publish, amend 
and repeal all or linances, rules and police regulations, not contrary 
to the constitution or laws of the United State*, or of this State, 
for the good government, peace and order of the city, and the trade 
and commerce thereof, that may be necessary or proper to carry into 
effect the powers vested by this act in the corporation, the city 
government or any department or office thereof; to determine what 
shall be nuisances, and provide for the punishment, removal and 
abatement of the same ; to enact and enforce the observance of all 
such rules, ordinances and public regulations, and to punish viola- 
tions of the same by lines, penalties and imprisonment in the 
county jail, city prison or work-house, or both, in the discretion of 
the court or magistrate before whom conviction may be had ; but no 
fine or penalty shall exceed five hundred dollars, nor the imprison- 
ment six months, for any offence, and such fine or penalty maybe 
recovered with costs in an action of debt, in the name or for the use 
of the city, before any court having jurisdiction, or by presentment 
or indictment in the circuit court ; and any person upon whom any 
fine or penalty is imposed, shall stand committed until the payment 
of the same and costs, and in a default thereof, may be imprisoned 
in the county jail, city prison, work-house, or required to labor on 
the streets, or other public works of the city, for such time and in 
6uch manner as may be provided by ordinance. 

ARTICLE SIXTH. 

OF TAXATION. ' § 

Sec. 1. The city Council shall have power within the city by 
ordinance. 

1st. To levy and collect, annually, on all real and personal 
estate and property within the city, and all personal property of the 



16 

inhabitants thereof, made taxable by the laws of the State, for State 
purposes, to defray the general and contingent expense sof the city, 
not herein otherwise provided for, which taxes shall constitute the 
general iund. 

2d. To require every male resident of the city over the age of 
twenty-one years, and under fifty years, to labor three days in each 
year upon the streets and alleys of the city; but any person may, 
at his option, pay in lieu thereof, one dollar for each day required. 
Provided, the same shall be paid within ten days after notification by 
the street commissioner ; in default of payment as aforesaid, the sum 
of three dollars and costs may be collected, and no set-off shall be 
allowed in any suit brought to collect the same. 



ARTICLE SEVENTH. 



OF ASSESSMENT FOK OPENING STREETS AND ALLEYS. 

Sec. 1. The city Council shall have power upon the petition of 
the owners of two-thirds of the property fronting thereon, and with- 
out such petition by the unanimous vote of the city Council, to open 
and lay out public grounds or squares, streets, alleys and highways, 
or sections thereof, and to alter, widen, construct, straighten and 
discontinue the same. But no street, alley or highway, or any 
part thereof, shall be discontinued or contracted without the con- 
sent, in writing, of all persons owning land or lots adjoining said 
street, alley, or highway; the city Council shall cause all streets, 
alleys and highways, or public squares, or grounds laid out by them, 
to be surveyed, described and recorded in a book to be kept by the 
clerk, showing accurately and particularly the proposed improve- 
ments and the real estate required to be taken and the same when 
opened and made shall be public highways and public squares. 

2. Whenever any street, alley or highway, public ground or 
square is proposed to be laid out, opened, altered, widened or 
straightened by virtue thereof, and the amount of compensation 
cannot be agreed upon, the city Council shall give notice of their 
intention to appropriate and take the land necessary for the same, 
to the owners thereof, by publishing said notice by two insertions 
in a weekly paper or six insertions in a daily paper, in the news- 
paper publishing the ordinances of the city, at the expiration of 
which time they shall appoint three disinterested freeholders, resid- 
ing in the city, as commissioners to ascertain and assess the dama- 
ges and recompense due the owners of said real estate respectively, 
and at the same time determine wh r ,t persons will be benefitted by 
such improvement, and assess the damages and expense thereof on 
the real estate in the neighborhood of the improvement benefitted 
thereby, in proportion as nearly as may be to the benefits resulting 



to each. A majority of the Councilmen authorized by law to be 
elected, shall be necessary to a choice of Commissioners. The 
Commissioners shall be sworn, faithfully and impartially to exe- 
cute their duties to the best of their abilities, before entering upon 
their duties. They shall give at least five days personal notice of 
the time and place of their meeting for the purpose of viewing the 
premises and making their assessments, which notice shall be given 
only to the owners who are residents thereof and known. They 
shall viow the premises, and in their discretion receive any legal 
evidence, and may, if necessary, adjourn from day to day. 

o. If there should he any buildings standing in whole or in 
part, upon land to be taken, the Commissioners, before proceeding 
to make their assessment, shall first estimate and determine the 
the whole value of such building to the owner, aside from the value 
of the land, and the actual injury to him in having such building 
taken from him, and secondly, the value of such building to him to 
remove. 

4. At least five days notice shall be given to the owner, of such 
determination, when known, and a resident of the city, which may 
be given personally or in writing, left at his usual place of abode. 
If a non-resident, or unknown, like notice to all persons interested 
shall be given by one publication in the newspaper publishing the 
ordinances of the city. Such notice shall specify the buildings and 
the award of the Commissioners; it shall, also require the persons 
interested to appear by a day to be named therein, not exceeding 
thirty days, or give notice of their election to the city Council, 
either to accept the award of the Commissioners and allow such 
building to be ta'<en with the land condemned or appropriated, or 
of their intention to receive such building at the value set thereon 
by the commissioners, to remove ; if the owner shall agree to re- 
move such building, he shall have such reasonable time for that 
purpose as the city Council may direct. 

5. If the owner refuses to take the building at its appraised value, 
to remove, or fail to give notice of his intention as aforesaid, within 
4he time prescribed, the city Council shall have power to direct the 
sale of such building at public auction, for cash or on a credit, 
giving five days public notice of the sale. The proceeds of the 
sale shall be paid to the owner, or deposited to his use. 

G. In making their assessment, the said Commissioners shall 
ascertain the value of the land taken and all the expenses of the im- 
provement, and damages occasioned thereby, and then assess upon 
the property in the neighborhood benefitted in fair proportions, a 
sum sufficient to cover the whole amount thereof, which shall bo 
paid by the owners respectively, and be a lien upon the property 
upon which it may be assessed and collected as other taxes are col- 
lected, by sale of the land or otherwise. The value of the land 
taken from any owner shall be a credit to him on the assessment 
against him, for his share ol the improvement, and if more, the 

2 



18 

difference shall be paid him in money before the land is taken. Said 
Commissioners shall particularly describe the 'lands and parcels on 
which such assessment may be made, and make a return of their 
proceedings and assessments to the city Council -within ten days 
after its completion. 

7. The clerk shall give ten days notice by one publication in the 
newspaper publishing the ordinances of the city, that such assess- 
ment has been returned, and on the day to be specified therein, will 
be acted upon by the city Council, unless objections are made by 
the same by some person interested. Objections may be beard be- 
fore the city Council, and the hearing may be adjourned from day 
to|day. The Council shall have power, in their discretion, to alter, 
confirm or annul the assessment, if annulled, all the proceedings 
sha:l be void; if altered or confirmed, an order shall be entered di- 
recting a warrant to issue for the collection thereof. 

8. The city Council shall hare power to remove the Commission- 
ers, and from time to time appoint others in place of such as may 
"be removed, refuse, neglect or are unable from any cause to serve. 

9. The land required to be taken for the making, opening, 
widening, straightening or altering any street, alley or other high- 
way or public ground, or square, shall not be appropriated until the 
damages awarded therefor, to any owner thereof, under this act, 
shall be paid or tendered to such owner, or his agent, or in case 
such owner or agent cannot be found in the city, deposited to his 
or their credit, in some place of deposit other than the hands of the 
Treasurer, and then, and not before, such lands may be taken and 
appropriated for the purpose required in making such improve- 
ments, and such streets, alleys or other highways or public ground 
may be made and opened. 

Sec. 10. Any person interested may appeal from any final order 
of the city Council for opening, widening, altering or straighten- 
ing any street, alley or other highway or public ground, to the 
police court or circuit court, after the passage of said final order, 
*aid court to determine such appeal and confirm or annul the pro- 
ceedings, from which appeal no judgment or writ of error shall lie 
ttpon trial of the appeal ; all questions involved in said proceed- 
ings, including the amount of damages, shall be open to investiga- 
tion by affidavit or oral testimony, adduced to the court, or up- 
on application of the city, or any party, the amount of damages 
may be assessed by a jury in said court, without formal pleadings, 
and judgment rendered accordingly. The court shall not set aside 
the proceedings or final order of the Council for any omission or 
informality without injury has resulted therefrom. 

Sec. 11. When any owner known, or other person having an 
interest in any real estate, residing in the city or elsewhere, shall 
he an infant, and any proceedings shall be had under this act, the 
judge of the circuit court or any judge of a court of record may, 



19 

upon the application of the city Council or such infant, or his next 
friend, appoint a gnardian for such infant, talcing security from 
such guardian for the faithful execution of liis trust ; and all no- 
tices and summons required by this act, shall be served on such, 
guardian, and the final determination of cither the common Coun- 
cil or court in the premises, shall be conclusive on such infant, and 
the proceedings shall not be opened at any time thereafter. 



ARTICLE EIGHTH. 

rUBLIC IMPROVEMENTS ANP ASSESSMENTS THEREFOR. 

Sec. 1. The city Council shall have power, from time to time, 
upon the petition of the owners of two-thirds of the property 
fronting thereon, or without such petition by the unanimous vote 
of the Council, to cause any street, alley or other highway, or sec- 
tion thereof, to be graded, regraded, leveled, paved or planked, and 
keep the same in repair ; and alter and change the same ; to cause 
side and cross walks, main drains and sewers, and private drains, 
or sections thereof, to be constructed and laid, relaid, cleansed and 
repaired, and regulate the same ; to grade, improve, protect and 
ornament any public square or other public ground, now or here- 
after laid out. 

Sec. '2. The city Council shall have power to assess and collect 
off the owners of lots or real estate, or any street or other highway, 
or any part thereof, in the same manner as other city taxes, or in 
such a manner as may be prescribed by ordinance. All expenses- 
and damages for the purpose of grading, paving or planking such 
street, side walk, pavement or other highway ; all owners or occu- 
pants of lots or lands in front or adjoining, or upon whosejpremises 
the city Council shall order and direct sidewalks or private drains 
or gutters communicating with long main drains, to be constructed, 
graded paved, planked, repaired, relaid or cleansed, or shall 
declare such lands or lot to be nuisances, and order the same to be 
graded, filled up and drained, or otherwise improved, shall make, 
grade, pave, plank, repair or relay such sidewalk, or make or 
cleanse such private drains, or grade, fill up, drain, or otherwise im- 
prove such lot or land, at their own cost and charges, u ithin the 
time and in the manner prescribed by ordinance or otherwise. And 
if not done within the time and in the manner prescribed, the citj 
Council may cause the same to be constructed, paved, planked, re- 
paired relaid, cleansed, filled up, graded, drained or otherwise im- 
proved, and assess the expense or damage thereof by an order to 
be entered in their proceedings upon the lots and lands respectively, 
and collect the same by warrant and sale of the premises a.s in other 
cases. A suit may also be maintained against the owner of such 
^premises for the recovery of such expenses as for money paid and 
laid out to his use at his request. 



20 

Sec. 3. In all cases where expenses may be incurred in the re- 
moval of any nuisance, the city Council may cause the same to be 
assessed against the real estate chargeable therewith, in the same 
manner as prescribed in the foregoing section. Such expenses may 
be likewise collected by the owner or occupant of such premises, ia 
a suit, for money expended to his or their use, and in case the same 
should not be chargeable to any real estate, suit may in like manner 
be brought for such expenses against the author of such nuisance, 
if known, or any person whose duty it may be to remove or abate 
the same. 

Sec. 4. The city Council shall have power to compel the owners 
of lots or ground fronting or adjoining any public or private alley, 
to keep the same clean, and if necessary, to direct the same to be 
paved, planked, or otherwise, and the costs thereof to be assessed 
and collected in the same manner as sidewalk assessments. 



ARTICLE NINTH. 

COLLECTION OF TAXES AND ASSESSMENTS. 

Sec. 1. The annual assessment lists shall be returned by the 
assessor on or before the first day in August in each year, but the 
time may be extended by the city Council. On the return thereof 
the city Council shall fix a day for hearing objections thereto, and 
the clerk shall give one week's notice of the time and place of such 
hearing by one publication in the newspaper publishing the ordi- 
nances of the city, and any person feeling aggrieved by the assess- 
ment of his property may appear at the time specified and make 
his objections. The city Council shall have power to supply 
omission in said assessment lists and for the purpose of equalizing 
the same, to alter, add to, take from and otherwise correct and 
revise the same, or to refer the same back to the assessor with in- 
structions to revise and correct the same. And the treasurer shall 
have power to add to and supply omissions by the assessor after 
the warrant shall have come into his hands. 

Sec. 2. When the assessment lists have been corrected and re- 
vised the same shall be filed and in order conforming the same and 
directing the warrant to be issued for the collection thereof shall be 
entered by the clerk, the city Council shall thereupon, by an ordi- 
nance or resolution, levy such sum or sums of money as may be 
sufficient for the several purposes for which taxes are herein author- 
ized to be levied, not exceeding the authorized percentage, and in 
their discretion specifying the purposes for which the same are levied 
and, if not for general purposes, the divisions of the city upon 
which the same are laid. 

Sec. 3. All taxes and assessments, general or special, levied or 
assessed by the city Council under this act, or any ordinance in 



21 

pursuance thereof, shall by (be) a lien npon the real estate upon 
which the same may be imposed, voted or assessed for two years 
from and after said first day of August, and on personal estate 
from and after the delivery of the warrant for the collection thereof 
until paid, and no sale or transfer shall affect the lien. Any per- 
sonal property belonging to the debtor may be taken and sold for 
the payment of taxes. Real estate shall be liable for the taxes on 
personal estate iu ease of removal. Provided, That in case the col- 
lection of any assessment shall be delayed by injunction or other- 
judicial proceeding, the same shall continue a lien, unless eet aside, 
upon the real estate for the peried of two years from and after the 
final disposition of such injunction or other judicial proceeding. 

Sec. 4. The clerk shall issue a warrant or warrants for the 
taxes, and rule therein separate columns in which the tax levied 
shall be respectively set down opposite the name of the person or 
such real e.s.ate subject thereto. Each column shall beheaded with 
the name of the tax therein set down. 

Sec. 5. All warrants issued for the collection of general or spe- 
cial taxes, and assessments, shall be signed by the -mayor and clerk 
with the corporate seal thereto attached, and shall contain true an-el 
perfect copies of the corrected assessmentlists upon which the same 
may b<? collected, and shall he deliveie 1 to the treasurer for collec- 
tion by the first day of October, unless further time be given by the 
city Council, of which he shall gire notice by publication in the 
newspaper publishing the city ordinances. The treasurer shall there- 
upon proceed to the collection of said taxes, but he shall in no case 
be compelled to make personal call or demand for tho same. If not 
otherwise paid, by the first day of January following, the treasurer 
shall have power to collect said taxes, with interest and costs by suit 
in the corporate name of the city, or by distress and sale of personal 
property, and the treasurer shall be competent witness and the war- 
rant to him as aforesaid, evidence on the part of said city. • 

Sec. G. All taxes or assessments, general or special, shall be 
collected by the treasurer iu the same manner and with the samo 
power and authority as is given by law to collectors of county and 
State taxes, and his duty in regard to returning warranto and set- 
tling with the city, and his liabilities in case of default or miscon- 
duct shall be the same as prescribed by law. Provided, The city 
Council shall have power to prescribe the powers, duties and liabil- 
ities of the treasurer by ordinance. 

Sec. 7. In case of the non-payment of any taxes or assessment* 
levied or assessed under this act by the first day of January of each 
year, the premises may be sold at any time thereafter within two. 
years. Before such sal© or order shall be made by the city Councii,, 
which shall be entered at large on the Journals or Records, particu- 
larly describing the delinquent premises to be sold, and the amount 
of taxes for which the sale shall be made, besides the costs, whicb 



costs need not then be ascertained, and directing sale thereby to be 
made by the treasurer, a certified Qopy of which order, under the 
corporate seal, signed by the mayor or presiding officer and clerk, 
shall be delivered to the treasurer and shall constitute the procesn 
ttpon which such sale shall be made. 

Sec. 8. The treasurer shall then advertise such premises in the 
newspaper publishing the ordinances of the city, for sale, at least 
thirty dars from and after the first publication of such notice, de- 
scribing the premises by figures or otherwise, with the name of the 
owner, (when known,) and the several amounts of the taxes and 
assessments thereon and costs. Said notice shall also contain the 
time and place of sale, and shall be published at least four times. 
The proceedings for the sale of any piece of ground may be stopped 
at any time on the payment of taxes or assessment and interest with 
expense of advertising the same. 

Sec. 9. Ail sales shall be conducted in the manner required by 
law, bnf the city Council shall have power to prescribe the manner 
of conducting the same. The sale shall be made for the smallest 
portion of ground, to be taken from the east side of the premises, 
for which any person will take the same and pay the taxes or assess- 
ments thereon, with interest and cost of sale. Duplicate certificates 
of sale shall be made and subscribed by the treasurer, one of which 
shall be delivered to the purchaser and the other filed in the office of 
the clerk, which certificato^shall contain the name of the purchaser, 
a description of the premises sold, the amount of taxes or assess- 
ments with the interest and expenses for which the same was sold, 
and when the time to redeem will expire. The treasurer shall be 
allowed the same fees for selling as are allowed by law for similar 
services, or his fees may be regulated by ordinance. The clerk 
shall keep a record of such sale, which shall be open to public in- 
spection at all reasonable times. 

' Sec. 10. The right of redemption in all cases for sales for 
taxes or assessments shall exist to the owner, his heirs, creditors or 
, assigns, to the same extent that it is allowed by law in cases of sales 
of real estate for taxes, on the payment in specie of double the 
amount for which the same was sold, and all taxes accruing cliarg- 
able or paid on the premises subsequent to the sale with interest, 
but infants, femitie coverts, or lunatics shall have no other or further 
rights of redemption than other persons. In case of redemption 
fhe money may be paid to the purchaser or the person entitled to 
the same, or for him to the city clerk, who shall mske a special de- 
posit thereof with the treasurer, taking his receipt therefor. If not 
redeemed according to law, the city Council shall upon the return 
of the certificate, or proof of its loss, direct a deed to be executed 
to the purchaser, under the corporate seal, signed by the mayor or 
presiding officer of the city Council, and countersigned by the clerk, 
conveying to such purchaser the premises S o sold and unredeemed 
as aforesaid. An abstract of all deeds so made and delivered shall 



23 

be entered by tbe clerk in the book wherein tax sales are recorded, 
A fee of one dollar may be charged by the clerk for any deed so 
issued. 

Sec. ]1. The assignee uf any tax certificate of any premises 
sold for taxes or assessments under authority of the city, shall be 
entitled to receive a deed of such premises in his own name and 
with the same effect as though he had been the original purchaser. 
Provided, he, or they through whom he claims, shall have paid alt 
taxes and assessments made since said sale on said premises. 

Sec. 12. if at any sale of real or personal estate for taxes or 
assessments no bids shall be made for any parcel of lands or any 
goods and chattels the same shall be struck off to the city and there- 
upon the city shall receive, in the corporate name, a certificate of 
the sale thereof, and shall be vested with the same rights as other 
purchasers at such sales. All persons before they shall be entitled 
to a deed for premises sold for the non-payment of taxes shall com- 
ply with Section 4, Art. 9, of the Constitution of this State, and 
shall produce to the proper ol'iicer the proof thereof. 

Sec. 13'. All sales of lots or lands for non-payment of taxea* 
contemplated by this act, and deeds made to purchasers or their ag- 
signs for the same, shall convey to the holder of such deed a perfect* 
title in fee simple to said land or lot and in all suits and controver- 
sies in relation thereto any person claiming such title shall be com- 
pelled to prove only the order of the city Council, directing the 
sale, and the process upon which the sale was made, as provided 
for in Section 7, of Art. 9, of this act, and any person claiming title 
adversely thereto shall be permitted to defeat such title by proving 
that such land or lot was not subject to taxation at the time of the 
assessment, or that the taxes were paid, or land or lot redeemed ac- 
cording to the provisions of this act. But no person shall be per- 
mitted to question the title acquired by said deed without first show- 
ing that he or they or those, under whom he or they claim, have, 
paid the full amount of taxes, costs, expenses and assessments made 
on the said lot or land since said sale for taxes, or that the same 
has been deposited with the city treasurer for the use of the one en- 
titled to receive it. 



ARTICLE TENTH. 

EIRE DEIUKTMEXT. 

Skc. 1. The tfity Council for the purpose of guarding against; 
the calamities of tire, shall have power to prohibit the erection, 
placing, or repairing wooden buildings within the limits prescribed 
by them, without their permission, and direct and prescribe that all 
buildings, within the limits prescribed, shall be made and construct- 



24 

ed of fire-proof material and to prohibit the rebuilding of wooden 
building?. To declare all dilapidated buildings to be nuisances and 
to direct the same to be repaired, removed or abated in such man- 
ner as they shall prescribe and direct. To declare all wooden 
buildings which they may deem dangerous to contiguous buildings, 
or in causing or promoting fires, to be nuisance, and to require and 
cause the same to be removed or abated in such mariner a8 they 
shall prescribe. 

2. The city Council shall have power 

1st. to regulate the construction of chimneys and flues, so as to 
admit of chimney sweeps or other mode of cleaning, and to compel 
the sweeping and cleaning of chimneys. 

2d. To prevent and prohibit the dangerous construction of 
chimneys, flues, fire-places, stove-pipes, ovens, or any other appa- 
ratus used in or about any building or manufactory, and to cause the 
same to be removed or placed in a secure and safe condition when 
considered dangerous. 

3d. To prevent the deposit of ashes in unsafe places, and to ap- 
point one or more officers to enter into all buildings and enclosures 
to examine and discover whether the same are in a dangerous state, 
and to cause such as are dangerous to be put in a safe condition. 

4th. To require the inhabitants to provide as many fire-bucketg 
and in such manner and time as they shall presciibe and to regulate 
the use thereof in times of fire, and to require all owners and occu- 
pants of buildings to construct and keep in repair, wells or cisterns 
upon their premises. 

5th. To regulate and prevent the carrying on of manufactories 
and works dangerous in promoting and causing fires. 

6th. To regulate, prevent and prohibit the use of fire-works and 
fire-arms. 

7th. To prohibit or have the management of houses for storing 
of gunpowder, or direct and prohibit other and dangerous materials 
within the city. To regulate the keeping and conveying of the same, 
and the use of candles and other lights in stables and other like 
houses. 

8th. To regulate and prescribe the manner and order the building 
of parapet and partition walls and of partition fences. 

9th. To compel the owners or occupants of houses or other 
"buildings to have scuttles in the roof, and stairs and ladders leading 
to the same. 

10th. To authorizo the Mayor, Fire Warden or other officers of 
the said city to keep away from the fire all and any suspicious 
persons, and to compel all officers of the city and all other persons 
to aid in the extinguishment of fires and in the preservation of 
property exposed to damage and danger thereat, and in preventing 
goods from being stolen, 



25 

11th. And general j to establish such regulations for tho pre- 
vention and extinguishment of fires as th« city Council shall 
deem expedient. 

Sec. 3. The city Council may procure fire engines and all 
other apparatus used for the extinguishment of fires, and have the 
charge and control of the same and provide secure and fit houses 
and other places for keeping and preserving the same, and shall 
have power, 

1st. To organize fire, hook, hose, axe and ladder companies. 

2d. To appoint during their pleasure a competent number of 
able and reputable inhabitants of the city firemen to take the care 
and management of the engines and other apparatus and imple- 
ments used and provided for the extinguishment of fires. 

3d. To prescribe the duties of firemen and to make rules and 
regulations for their government and to impose reasonable penalties 
npon them for a violation of the same, and for incapacity, neglect 
of duty, or misconduct, to remove them. 

4th. The city Council shall have power to appoint a chief and 
assistant engineers of the Fire Department, and they, with the 
other firemen, shall take the care and management of the engines 
and other apparatus and implements provided and used for the ex- 
tinguishment of fires, and their powers and duties shall be pre- 
scribed and defined by the city Council. 

ARTICLE ELEVENTH. 

BOARD OF HEALTH. 

Sec. 1. The Board of Health shall consist of three or more 
Commissioners to be appointed annually by the city Council, and 
the Mayor or presiding officer of the city Council shall be president 
of the Board and the city Clerk shall be their Clerk, and keep 
minutes of their proceedings. 

2. It shall be the duty of health officers to visit every sick 
person who may be reported to them as hereinafter provided, and 
to report with all convenient speed their opinion of the sickness of 
such persons to the clerk of the Borfrd, and to visit and inspect all 
houses or places in which they may suspect any person to be con- 
fined with any pestilential or infectious disease, or to contain un- 
sound provisions or damaged, or putrid animal or vegetable matter, 
or other unwholesome articles, and to make report of the state of 
of the same with all convenient speed to the clerk of the Board. 

3. All persons in the city not residents thereof who may be in- 
fected with any pestilential or infectious disorder, or all thing* 
which in the opinion of the Board shall be infected by or tainted 



26 

with pestilential matter, and ought to be removed so as not to en- 
danger the health of the city, shall, by order of said Board, be re- 
moved to some proper place not exceeding five 'miles beyond the 
limits of the city, to be provided by the Board at the expense of 
the person to be removed, if able, and the Board may order any 
furniture or wearing apparel to be destroyed whenever they may 
deem it necessary for the health of the city by making just compen- 
sation 

4. The city Council shall have power to prescribe the powers 
and duties of the Board of Health, and to punish by fine or im- 
prisonment, or both, any refusal or neglect to observe the orders 
and regulations of the Board. » 

5. Tho Health Officers may be authorized by the city Council 
when the public interest requires to exercise for the time being such 
of the powers and perform such of the duties of marshal or street 
Commissioner as the city council may in their discretion direct, and 
shall be authorized to enter all houses and other places, private or 
public, at all times in the discharge of any duty under this act or 
any ordinance. 

6. Every person practising physic in this city, who shall have 
a patient laboring under any malignant infections or pestilential 
disease shall forthwith make report thereof in writing to the clerk of 
the Board, and for neglect to do so shall be considered guilty of 
misdemeanor, and liable to a fine of fifty dollars, to be sued for and 
recovered with costs, in an action of debt in any court having cog- 
nizance thereof, or before a justice of the peace, for the use of said 
city. 



ARTICLE TWELFTH. 

MISCELLANEOUS PROVISIONS. 

Sec. 1. The city Council shall, at least ten days before the an- 
nual election in each year, cause to be published in the newspaper 
publishing the ordinances of the city, a correct and full statement 
of the receipts and expenditures from the date of the last annual 
report, together with the sources from which the former are derived, 
and the mode of disbursement, and also a distinct statement of the 
whole amount assessed, received and expended in the respective 
"wards and divisions for making and repairing streets, high-ways 
and bridges for the same period, together with such information 
as may be necessary to a full understanding of the financial con- 
cerns of the city. 

2 The inhabitants of the City of Galesburg are hereby exempt- 
ed from working upon any road or highway beyond the limits of the 
city, and from paying the tax in lieu thereof without said limits. 



21 
* 

3. The street Ooramissiqnorsi shall demand the services of all 
persons who are required to labor on the streets and alleys of the 
city at such time and place and in such manner as the city Council 
may direct, or the street Commissioner shall deem necessary. He 
shall deliver, or cause to be delivered or left at the usual place of 
abode or business of any person so required to labor as aforesaid, a 
written or bartly written or printed notice, in such form as the 
city Council shall prescribe, which notice shall be given at least 
five days previous to the first day on which he or they are requi- 
red to labor, requiring such person to appear at such time and 
place as may be designated, lor the purpose of laboring upon the 
stree;s and alleys. But similar notice published for ten days in 
the newspaper publishing the ordinances of the city, by the street 
commissioner, or posted up in three of the public places of the 
ward or district) shall be deemed sufficient notice to require all 
persons to appear and labor as aforesaid. Upon the neglect of 
any person to appear and labor as aforesaid, or to pay the tax in 
lieu thereof, the collector shall collect of each personin the same 
manner as other taxes, the sum of threo dollars, with his com- 
mission for collecting the same added thereto, or the same may be 
recovered by suit with costs as in other cases. 

4. The city Council may provide for the payment of city attor- 
neys' and piison-keepers' fees when they cannot be collected from 
the offender ; but said city, or any person prosecuting in her behalf 
shall not, in any case, be compelled to pay or give security for costs 
before commencing proceedings, nor at any other time until it is 
ascertained they cannot be made out of the defendant. 

Sec. 5. All fines, forfeitures and penalties collected for offences 
committed within said city shall belong to said city, and shall be 
paid into the treasury thereof by officers collecting the same. 

Sec. 6. The water-course known as Cedar Fork, in said city, or 
natural branch thereto, shall not be altered, filled up, or changed, 
except in the manner prescribed by the city Council, and the city 
Council shall have power to establish and direct, and prescribe the 
manner of altering, changing, straightening, and to wall, fill up, 
ttulvert or sewer the same. 

Sec. 7. The city Council shall have power to cause the lots and 
blocks of the city to be surveyed, platted and numbered in consecu- 
tive numbers from one upwards, and to designate and number all 
fractional or other lots or blocks in such manner as they may pre- 
scribe by ordinance, and such plat, designation and numbers, when 
made and duly recorded, shall be a good and valid description of 
said blocks, lots, or fractional block, and to establish, mark, and 
declare the boundaries and names of streets and alleys. To require 
that all additions hereafter ma le to said city, or all lands adjoining 
or within the same, laid out into blocks or lots, shall be so laid out 
and platted to correspond and conform to the regular blocks, streets, 
and alleys already laid out and established within the city. 



28 

Sec. 8. The street commissioner, in addition to the penalties 
prescribed by ordinance, shall for willful neglect pf duty, be liable 
to indictment and fine. 

Srcc. 9. Neither the city Council nor Mayor shall remit any fine> 
or penalty imposed for any violation of any of the laws or ordi- 
nances of said city, or release from confinement, unless two-thirds 
of all the Aldermen elected shall vote for such release or remission, 
nor shall any thing in this act be so construed as to oust any court 
of jurisdiction to abate and remove any nuisance within its jurisdio 
tion by indictment or otherwise. 

Sec. 10. No vote of the city Council shall be considered or re- 
scinded at a special meeting unless the meeting be called in whole or 
in part for that purpose, and the Aldermen be so notified, and un- 
less at such special meeting there be present as large a number of 
Aldermen as was present when the vote was taken. 

Sec. 11. The cemetery lots, which may be laid out and sold by 
the city, or private persons for private places of burial, shall with 
the appurtenances, forever be exempt from execution and attach- 
ment. 

Sec. 12. Every ordinance, regulation and by-law imposing any 
penalty, fine, imprisoment or forfeiture for violation of its provis- 
ions, shall after its passage thereof be published three days where 
there is a daily paper published in said city, otherwise once in a 
weekly paper. Provided, The proof of such publication shall not 
be necessary, unless it is desired under oath, and such publication 
may be dispensed with entirely in cases of emergency by the unani- 
mous vote of the Council, and proof of such publication by the affida- 
vit of the printer or publisher of such newspaper, taken before any 
officer authorized to administer oaths, and filed with the Clerk, or 
any other competent proof of such publication, shall be conclusive 
evidence of the legal publication and promulgation of such ordi- 
nance, regulation or by-law in all courts and places. 

Sec. 13. All actions brought to recover any penalty or forfeiture 
incurred under this act, or any ordinance, by-law or police regula- 
tion made in pursuance thereof, may be brought in the corporate 
name. Tt shall be lawful to declare generally In debt for such pen- 
alty, fine, or forfeiture, state the clause of this act or the by-law or 
ordinance under which the penalty or forfeiture is claimed, and to 
give the special matter in evidence under it, or the defendant may 
be tried by presentment in the court of Common Ploas. 

Skc. 14. In all prosecutions for any violation of any ordinance, 
by-law or other regulation, the first process shall be a summons, 
■unless oath or affirmation be made f»r warrants as in other ca-es, 
and the Council may provide for issuing the warrant in the instance 
without oath. 



29 

Sec. 16. The city Council shall have power to designate one or 
more justices of the peace or police magistrates in said city, who 
shall have jurisdiction in any actions for the recovery of any fine, 
penalty or forfeiture under this act, or any ordinance, by-law or po- 
lice regulation, any thing in the laws of this State to the contrary 
notwithstanding. Such justice shall have power to lrhpose fines 
and penalties not exceeding the amount authorized by the Constitu- 
tion of this State. 

Sec. 16. Execution may issue immediately on rendition of judg- 
ment, and the same execution shall require that if the defendant has 
no goods and chattels, or real estate within the county of Knox, 
whereof the judgment can be collected, that the defendant be arrest- 
ed and confined in the county jail, or work-hotises, or city prison, 
for a term not exceeding six months, as the Council by ordinance 
may determine, and all persons who shall be committed under this 
section shall be confined one day for each one dollar of such judg- 
ment and costs, all expenses incurred in the prosecution for the re- 
covery for any fine, penalty or forfeitme when collected and paid 
into the city Treasury. 

Sec. 17. Any person who shall destroy or injure any bridge, or 
any public building, or any other property belonging to the city, or 
shall cause or procure the same to be injured, shall be subject to a 
penalty not exceeding five hundred dollars for such offense, and 
may be imprisoned not exceeding six months, in the discretion of 
the court, before whom such conviction may be had, and such 
person shall also be liable in a civil action at the suit of the city, or 
any person injured thereby, for the damages occasioned by such in- 
jury 



or destruction. 



Sec. 18. No person shall be an incompetent judge, justice, wit- 
ness or juror by reason of being an inhabitant or freeholder in said 
City of Calesburg, in any action or proceeding in which the said 
city may be a party in interest. 

Sec. 19. All ordinances, regulations and resolutions now in 
force in the town of Calesburg, and not inconsistent with this act, 
shall remain in force under this act, until altered, modified or re- 
pealed by the city Council, after this shall take effect. 

Sec. 20. All rights, actions, fines, penalties and forfeitures, in 
suit or otherwise, which have accrued, shall be invested in and pros- 
ecuted by the corporation hereby ereated. 

Sec. 21. All property, real or personal, or mixed, belonging to 
the town of Calesburg, is hereby vested in the corporation created 
by this act, and the officers of said corporation, now in office, shall 
respectively continue in the same until superceded in conformity to 
the provisions hereof, but shall be governed by this act, which shall 
take effect from and after its passage and publication in Calesburg. 

Sec. 22. All ordinances of the city, when printed and published 



30 

"by authority of the city council, shall be received in all courts and 
places without further proof thereof, which shall not be required 
until denied under oath. 

Sec. 23., The svTe'of all ordinances shall be, Be it ordained by 
the city Council of the City of Galesburg. 

Sec, 24. Any tract of land adjoining said city, which may he 
laid out into blocks or lots, and duly platted according to law, and 
any tract of land adjoining the city, with consent of the cwner shall 
and may be annexed to said city and form a part thereof, and the 
city Council shall have power, upon petition of the owner of the 
property, to reduce the boundaries of the city, not exceeding one- 
half mile in any direction. 

Sec. 25. This act shall not invalidate any legal act done by the 
President and Trustees of Gale.^hurg, or by its officers, nor divest 
their successors under this act of any rights of property or other- 
wise, or liability which may have accrued to, or created by said 
corporation prior to the passage of this act. 

Sec. 26 All officers of the city created conservators of the peace 
by this act, or authorized by any ordinance, shall have power to ar- 
rest, or cause to be arrested, with or without process, all persons who 
shall break the peace, or threaten to break the peace, or be found 
violating any ordinancr of this city, commit for examination, and 
if necessary detain such persons in custody over night or the Sab- 
bath in the watch-house or other safe place, or until they can be 
brought before a magistrate, and shall have and exercise such other 
power as conservators of the peace as the city Council may pre- 
scribe. 

Sec. 27. There shall be a digest of the ordinances of the city 
which are of a general nature, published within one year after the 
passage of this act, and alike digest within every period of five years 
thereafter. 

Sec. 28. This act shall be deemed a public act, and may be read 
in evidence without proof, and judicial notice shall be taken thereof 
in all courts and places, and shall take effect from and after its 
passage and publication in Galesburg, there being sufiicient emer- 
gency in the judgment of the Legislature, to dispense with the lapse 
of sixty days before this act goes into effect. 

Sec. 29. The act entitled, "An Act for the better government of 
towns and cities, and to amend the Charters thereof," appoved 
February 27th 1854, shall be constituted a part of this Charter of 
the City of Galesburg, the same as if specially recited, except that 
there shall be allowed to said city two Police magistrates, and that 
their jurisdiction shall extend to all causes of actions at common 
aw, "or by statute, where the plaintiff's demand shall not ex 



31 

eeed five hundred dollars, and to all cases of misdemeanor commit- 
ted within the city limits of said city, where indictment is not ne- 
cessary to a conviction. 

SAMUEL HOLMES, 
Speaker of the House of jRepreseyiiatives. 

JOHN WOOD, 



Approved February 14th, 1857. 



Speaker of the Senate. 
WM. H. BIS SELL. 



UNITED STATES OF AMERICA,) 
State of Illinois. j 

I, Ozias M. Hatch, Secretary of State of the State of Illinois, 
do hereby certify the foregoing to be a true and ^correct copy of an 
enrolled law now in file in my office. In witness whereof, I have 
hereunto set my hand, and caused the great seal of State to be affixed. 
Done at Springfield, this 7th day of March, 1857. 

0. M. HATCH, Secretary. 



I<3»7