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http://www.archive.org/details/lawsofstateofillinv11867illi
PRIVATE LAWS
OF THE
STATE OF ILLIJSrOIS,
PASSED BY THE
TWENTY-FIFTH GENERAL ASSEMBLY,
WESTERN ILLINOIS UNIVERSITY LIBRARY
CONYEN
mm
3 1711 00611 7944
VOLUISIE I.
SPRINGFIELD :
^ BAKEB, BAILHAOHE & CO., PRINTEES
1867.
TABLE OF CONTENTS.
ACADEMIES, COLLEGES, ETC ; pagb.
An act to amend the charter of the Illinois Agricultural College A 1
An act to incorporate the trustees of the Shelbyville Seminary 3
An act to authorize the board of supervisors of Stark county to sell the "Toulon Female
Seininary." , 4
An act to incorporate the Anderson Female Seminary 4
An act to amend an act entitled "An act to incorporate the Northwestern tTniyersity,"
and the sev^al acts amendatory thereof 6
An act to incorporate the Illinois Soldiers' college at Fulton, in Whiteside county 6
An act to incorporate the Simpson Seminary and Collegiate Institute 10
An act to incorporate the Mount Carroll Seminary 13
An act to incorporate Metropolis Seminary in Metropolis, Illinois 15
An act to incorporate the Evanston Academy 16
An act to amend an act entitled "An act to incorporate the North Illinois University." 17
An act to incorporate the McDonough Normal and Scientific College 18
An act to amend the act entitled "An act to incorporate the Fowler Female institute,
approved February 10, 1857 19
An act to incorporate the United Presbyterian Theological Seminary of the Northwest.. 20
An act to incorporate the Kankakee Male and Female 8eminary 25
An act to amend an act entitled "An act to incorporate the Urbana and Champaign
Institute," approved February 21st, 1861 27
An act to incorporate the Lincoln Institute 27
An act to incorporate "Southern Illinois college." 29
An act to incorporate Southern Illinois College in Carbondale, Jackson county 32
An act to incorporate Southerd Illinois Christian University 35
An act to incorporate Edgar Collegiate Institute, located in Edgar county, Illinois 36
An act to incorporate De Witt county Seminary §7
AGRICULTURAL SOCIETIES, ETC :
An act to incorporate the Booue County Agricultural Society 41
A.n act to incorporate the Alton Horticultural Society 42
An act to amend an act entitled "An act to incorporate and legalize the incorporation
of the Macon County Agricultural Society," approved February 15, 1865 45
An act to amend an act entitled "An act to incorporate the McLean County Agricultural
Society," approved February 12, 1853 45
An act to incorporate the Adams County Agricultural and Horticultural Association 44
An act to incorporate the Villa Ridge Horticultural Society ... 46
An act to increase the powers of the JoDaviess County AgricuKural Society 47
An act to amend an act entitled "An act to incorporate the Morgan County Agricultural
and Mechanical Association 48
An act to incorporate the Illinois Fruit Company 49
An act to incorporate "The Northwestern Fertilizing Company." 50
ARTESIAN WELLS:
An act to incorporate the Chicago Artesian Well Company 51
An act to incorporate the Artesian Water Supply Company 53
AVENUES:
An act to vacate certain avenues traversing the southeast quarter of section twenty-four
(24) in township one (1) south of range nine (9) west of the fourth principal meridian,
in Adams County, Illinois 55
BANKING INSTITUTIONS, ETC. :
An act to incorporate the Bond County Trust and Loan Company 55
An act to incorporate the Henderson Loan and Real Estate Association 57
An act to incorporate tfte Dollar Savings Association of Cairo 60
An act to incorporate the Springfield Savings Bank 62
An act to incorporate the La Salle Couutv Savings, Loan and Trust Company 65
An act to incorporate the Merchants' and Mechanics' Savings Bank of Danville 68
An act to incorporate the German Banking Institution 72
An act to incorporate the Mutual Trust Society 75
An act to incorporate the McLean County Banking Institution 79
An act to charter the Mascoutah Real Estate and Savings Bank 81
IV CONTENTS.
BANKING INSTITUTIONS, ETC.: pagk.
An act to incorporate the Ottawa Loan and Trust Company 83
An act to incorporate the Danville Savings and Trust Company 87
An act to incorporate the Fulton Savings Bank 90
An act to incorporate the City Savings Bank 92
An act to incorporate the International Mutual Trust Company 94
An act to incorporate the Ottawa Savings Bark 97
An act to incorporate the Madison County Land and Loan Company 99
An act to incorporate the DeWitt County Loan and Trust Company 101
An act to incorporate the National Loan and Trust Company of Chicago lui
An act to incorporate the International Mutual Exchange and Investment Company 106
An act to incorporate the Peoria Savings Bank 110
An act to incorporate tHe Sterling Bank of Sterling, in Whiteside county 113
An act to incorporate the Farmers' Exchange and Loan Company 115
An act to incorporate the Marion County Trust and Loan Company 117
An act to incorporate the Illinois Land and Loan Company 120
BENEVOLENT ASSOCIATIONS:
An act to incorporate the Journeymen Plasterers' Benevolent and Protective Association
of the City of Springfield, Illinois 123
An act to incorporate the Preachers' aid Society of the Rock River Conference •f the
Methodist Episcopal Church 124
An act to incorporate the La Societie Francaise de Secours Mutuels 125
An act to incorporate the Catholic Aid Society of the City of Carlinville, Illinois 126
An act to incorporate the Workman's Mutual Aid Society of Highland, Madison County,
Illinois 128
An act to incorporate the German Workingmen's Association of Lacon, Marshall county,
Illinois 129
An act to incorporate the United Hebrew Relief Association of Chicago 130
An act to incorporate the Scandinavian Immigrant Aid Society 132
An act to incorporate the German Masons' and Bricklayers' Society of Chicago 133
An act to incorporate the Deutscher Roemisch Katholischer St. Peter's Unterstuetzungs
Verein 135
An act to incorporate La Societe Francaise de Bienfaisance de 1' Illinois 136
An act to incorporate the German Workingmen's Association of the city of Pekin,
Illinois 137
An act to incorporate the Workman's Mutual Aid Society, of Trenton, Clinton county. .139
An act to incorporate the Society of the Free Benevolent Sons of America, of the city
of Cairo, Illinois 140
An act to incorporate the V>'ashingtonian Home, of Chicago 141
An act to incorporate the Firemen's Benevolent Association, of Springfield, Illinois, and
for other purposes...-. 143
An act to incorporate the French Mutual Society, of Ottawa, Illinois 145
An act to incorporate the Benevolent Association of the Paid Fire Department of the
City of Chicago, and for other purposes 147
An act to incorporate the Seamen's Benevolent Union, of Chicago. 149
-An act to incorporate the Thief Detective and Mutual Aid Association, of Princeville. . .150
An act to incorporate the German Workicgmen's Mutual Relief and Insurance Associa-
tion, of Peoria 151
An act to incorporate the Sisters of the Good Shepherd, of the City of Chicago 152
BOARD OF IMPROVEMENT;
An act to amend the charter of the American Bottom Board of Improvement, approved
February 10, 1853 153
BOARD OF SUPERVISORS:
An act to legalize the acts of the Board of Supervisors of Richland county 157
BOARD OF TRUSTEES:
An act to amend the "Act to incorporate a board of trustees for the town of Lake View,
in Cook county," approved February 16, 1805 157
BOARD OF PUBLIC WORKS:
An act in regard to the Board of Public Works of the City of Chicago 160
BOOK CONCERN:
An act to incorporate the Western Methodist Book Concern of the Methodist Episcopal
Church 161
BOUNDARY LINES:
An act to explain an act therein named 162
BOUNTY FUND: ,. . ,
An act to authorize the citizens of Orion township, in the countjfcof Fulton and state of
Illinois, to change the fi.nd known as the Bounty Fund to the School Fund of said
town 162
An act to authorize and empower the Vincennes Draw Bridge Company to acquire and
hold real estiite in this state, and to authorize said company to construct their bridge
across the Wabash river 163
CONTENTS. y
BRIDGES : page.
An act to legalize the Quincj Railroad Bridge Company, and to facilitate and encourage
the construction of a railroad bridge over the Mississippi river at Quincy 165
An act to amend an act entitled an act to amend "An act to authorize a company to build
a biidge across the Illinois river at the City of Henry, and to amend an act entitled
'an act to authorize a company to build a bridge across the Illinois river at the City of
Henry 166
An act to incorporate the Pike and Scott County Bridge Company 166
An act to amend an act entitled "An act to incorporate the Alexander and Pulaski Plank
Road and Bridge Company," approved Feb. 21, 1863 167
An act to incorporate the Illinois and St. Louis Bridge Company 168
An act to authorize certain towns in the counties of Will, Kankakee and Grundy to vote
for or against a tax for building and repairing the bridge acrpss the Kankakee river,
at Wilmington, in Will county 170
An act to incorporate the Lacon Bridge Company 171
An act for the construction of abridge across Fox river at Ottawa 177
An act to amend an act entitled "An act legalizing the sale of the bridges, property,
franchises, etc., of the Rock Island and Camden Plank Road Company to the City of
Rock Island ..178
An act to incorporate the Pike County Bridge Company 179
An act to authorize certain towns therein named, in Bureau county, to raise money to
* build a bridge across Green river ISO
An act to incorporate the Alton and St. Charles county Bridge Company ISO
An act to authorize the town of Ottawa, in La Salle county, to erect two bridges across
the Illinois and Michigan Canal 1S2
An act authorizing the city of Lacon to subscribe to the capital stock of the Lacon
Bridge Company 183
An act to provide for the collection ot tolls upon the bridge across the Illinois river op-
posite La Salle, and the disposition of the moneys aiising therefrom 184
An act to extend the time of commencement and completion of the Dubuque and Dun-
leith Bridge Company 188
An act to authorize certain towns therein named to borrow money, and levy taxes in aid
of building a bridge across the Kankakee river 188
An act to incorporate the Wilmington Bridge Company 1S9
BREWERIES:
An act to incorporate the Busch and Brand's Brewery Company 193
An act to incorporate Huck's Chicago Brewery Company 197
An act to incorporate the Union Brewery and Coopering Company 199
BDILDliVG ASSOCIATIONS:
An act to incorporate the Elmwood Building Company 201
An act to amend an act entitled "An act to incorporate the Milton Block Association,"
approved February 16, 1865 202
An act to incorporate the Rockford Building Association, of the City of Rockford 202
An act to incorporate the Chicago Building Block Company 204
An act to incorporate the Mercantile Building Association 205
CAMP GROUND ASSOCIATION :
An act to incorporate the Chicago District Camp Ground Association 206
CEMETERIES:
An act to incorporate the Winchester Cemetery Association 208
An act entitled an act to incorporate Elmwood Cemetery, of Litchfield, Illinois 209
An act to incorporate the Collinsville Cemetery Association 211
An act to incorporate the German Pilgrim's Rest Cemetery Company 214
An {\et to incorporate the West Aurora Cemetery Company 218
An act to incorporate the Shelby ville Cemetery Association 222
An act to authorize Isaac N. Morris to lay out a part of the southwest quarter of section
eleven, township two south, range nioe west, as a burying ground, and to convey the
same, or any part thereof, to the mayor and aldermen of the city of Quincy, on terms
to be mutually agreed upon between the parties 226
An act to amend an act entitled "An act to incorporate Oak Woods Cemetery Associa-
tion," approved February 12, 1853 227
An act to incorporate the Evergreen Cemetery 229
An act to amend an act entitled "An act to incorporate the Canton Cemetery Company,"
approved February 1, 1851 281
An act to incorporate the Golconda Cemetery Association 231
CHANGE OF NAMES:
An act to change the name of Lucilla Deen to Mary AnnScurlock, and for other purposes. 232
An act to change the name of Susan H. Smith 233
An act to change the name of Minnie Adela Miller, and make her the heir of Robert M.
Dihel and Catharine R. Dihel 233
An act to change the name of John W. Semon to that of John W. Lee, and make him
heir-at-law of John W . Lee and Mary F. Lee 234
An act to change the name of George Ludwig Theodore Peterson to Christian Grader. .234
An act to change the name of Thomas Morris Francis to Thomas Francis Sellick 235
VI CONTENTS.
CHANGE OF NAMES : page.
An act to define and legalize the names of Anna and Emma, and constitute them heirs-
at-law of Layton Collar and Electa J. Collar 235
An act to change the name of Thomas Griffin to Thomas Jefiferson Wilson, and make
him heir-at-law of Harry S. Wilson and Clara A. Wilson 235
An act to change the name of Ary J. Hufl'man to thai of Ary J. Yapp, and to make him
the legal heir of J acob Yapp 236
An act to change the name of Augusta Ernestine Kurth to that of Augusta Ernestine
Retzlolf, and to make her heir-at-law of John Retzlofl 236
An act to change the names of Mary Frances Runyan and Frank Clark Runyan to Mary
Frances McVicker and frank Clark McVicker, and make them heirs-at-law of James
H. McVicker 237
An act. to change the name of Emmaretta Orcutt to Emma Orcutt Brackelt, and make
her heir-at-law of Horace Dennison Brackett 237
An act to change the name of Minnie McMahon to Minnie Mather, and make her the
heir-at-law of Frederick H. Mather and Rhoda E. Mather 238
An act to change the name of Mary Alice Waters to that of Mary Alice Williamson, and
declaring her to be an heir-at-law of Eli Williamson 238
An act to change the name of Anna M. Houston to that of Anna M. Littleton, and to
adopt and thereby constitute Anna M. Littleton an heir-at-law of Jacob Littleton, as
one of the children of the said Jacob Littleton 239
An act to change the name of Etta Belle Holt to Etta Belle Turney, and to make her
heir-at-law of Fayette Turney 239
An act to change the name of George Washington Goodman to William Felt 239
An act to change the name of a certain person therein named, and make her heir-at-law
of Alfred A. Crarey and Eunice J. Crarey 240
CHURCHES:
An act to amend an act entitled "An act to change the name of the German United
Evangelical Protestant Congregation of the Lutheran and Reformed Confession, in
Quincy, Illinois, and to incorporate the same by the name of the ' Evangelical
Lutheran Church of St. John, Quincy, Illinois' " 240
An act to amend an act entitled "An act to incorporate the German Evangelical Salem's
Church, of Quincy, Illinois" 241
An act to change the name of the Union Grove Baptist Church 241
An act to amend an act entitled "An act to incorporate the Evangelical Lutheran Synod
of Missouri, Ohio, and other states," approved February 16, 1865 242
An act to incorporate the Springfield Hebrew Congregation 242
An act to incorporate the Peoria Hebrew Congregation Anshai Emeth, of the city of
Peoria, county of Peoria, in the state of Illinois 243
An act to legalize the acts of trustees of the Methodist Episcopal Church of Chillicothe.244
CLUBS;
An act to incorporate the Chicago Union Club House 245
An act to incorporate the Chicago Caledonian Club 248
CONVENTS:
An act to amend an act to incorporate the Springfield Roman Catholic Ursuliue Con-
vent of St. Joseph, in force February 24, 1859 249
An act to incorporate the "Alton Roman Catholic Ursuline Convent of the Holy Family. 250
CITIES :
An act to charter the city of Mattoon 252
An act to amend an act entitled "An act to incorporate the city of Chester, in Randolph
county, Illinois 286
An act to amend an act entitled "An act to charter the city of Urbana," approved Feb-
ruary 14, 1855 : 286
An act to enable the citizens of the city of Morris to raise money to improve public
roads or bridges leading into the city 287
An act to incorporate the city of Pana 288
An act to charter the city of Effingham 308
An act to incorporate the city of Jacksonville, in the county of Morgan, and State of
Illinois •••• 336
An act to create ward number five in the city of Morris 367
An act to reduce the charter of the city of Cairo, and the several acts amendatory thereof,
into one, and revise the same 363
An act to amend the charter of the city of Shelby ville, and vacate certain alleys in said
city 389
An act to amend the charter of the city of Macomb 392
An act repealing section third of an amendatory act, approved February 13, 1851, enti-
tled an act to amend the act incorporating Jacksonville 392
An act to amend the charter of tlie city of Lincoln 392
An act granting a new charter to the city of Decatur, and to reduce the several acts in-
corporating said city into one act , 419
An act to incorporate the city of Jersey ville 454
An act to amencl "An act to amend an act entitled ' an act to reduce the law incorporating
the city of Galena, and the several acts amendatory thereof, into one act, and to amend
the same, and for other purposes," ' approved February 6th, 1865 472
CONTENTS. VII
CITIES: • PAGE.
Aq act to amend an act entitled "An act to incorporate to city of East Saint Louis." 473
An act to incorporate the City of Carlinville 479
Au act to amend an act entitled "An act to amend an act, entitled 'an act to incorporate
Metropolis city,' " approved February 25, 1845 496
An act to incoi porate the city of Mendota 497
An act to amend "An act granting a new charter to the city of Belleville, and to reduce
the several acts incorporating said city into one act." 530
An act to incorporate the city of Kinmundy 567
An act to amend an act entitled "An act to incorporate the city of Alton." 577
An act to incorporate the city of Mount Carroll 581
An act to amend an act entitled "An act to incorporate the city of La Harpe," approved
24th, 1859 594
An act to amend the act entitled "An act to incorporate the city of Galesburg," appro-
ved February 4, 1857 - 594
An act to incorporate the city of Morrison 595
An act to extend the charter of the city of Joliet 619
An act to amend the charter of the city of Amboy 622
An act to define the limits of the city of Peoria and to amend the charter of the same. . .622
An act to repeal an act entitled "An act to amend the charter of the city of Alton" 625
An act to incorporate the city of Carrolton 625
An act to amend the charter of the city .of Canton 636
An act to extend the corporate limits of the city of Quincy , 637
An act to amend the charter of the city of Monmouth 638
An act to extend the corporate limits of the city of Litchfield, and for other purposes. . .638
An act to amend an act entitled "An act to grant and establish a city charter for the city
of Bloomington." 639
An act to establish and incorporate the city of Watseka, the county seat of Iroquois
county 655
An act to authorize the city of Macomb to elect supervisors and other officers , 678
An act to amend the charter of the city of Aurora 680
An act to incorporate the city of Murphysboro 681
An act to amend an act entitled "An act to charter the city of Ottawa," approved Feb-
ruary 10, 1853 691
An act to amend the charter of the city of Eock Island 693
An act to amend an act entitled "Anact to charter the city of La Salle," approved June
23, 1852, and an act amendatory thereof, approved February 18, 1857 693
An act supplemental to an act entitled "An act to reduce the charter of the city of Cairo,
and the several acts amendatory thereof into one act, and to revise the same." 694
An act to amend the charter of the city of Sterling 695
An act in amendment of and supplementary to an act entitled, "An act to reduce the
charter of the city of Chicago, and the several acts amendatory thereof, into one act,
and to revise the same," approved February 13, 1863, and the act amendatory thereof,
approved February 15, 1865 708
An act to amend the city charter of the city of Kankakee 710
An act to charter the city of Danville 7 1.1
An act to amend an act entitled "An act to incorporate the city of Salem," passed and
approved February 16th, 1865 744
An act to amend an act entitled "An act to charter the city of Ottawa," approved Feb-
ruary 10th, A. D. 1853 745
An act to amend an act incorporating the city of Knoxville, passed February 10, 1853 — 746
An act to amend an act entitled, "An act to incorporate the city of Freeport," in force
February 14th, 1855, and the several acts amendatory thereto." 747.
An act supplementary to "An act to reduce the charter of the city of Chicago, and the
several acts amendatory thereof, into one act, and to revise the same," approved Feb-
ruary 13th, 1863, and the several amendments thereto 754
An act entitled an act to incorporate the city of Clinton 779
An act to amend "An act to incorporate the city of Sparta, in Randolph county," appro-
ved February 24th, 1859 790
An act to incorporate the city of El Paso 792
An act to incorporate the city of Olney • 824
An act supplemental to an act, entitled "Anact to amend the charter of the city of Lin-
coln," approved February 21, 1867 835
An act to amend the city charter of Mound City, Illinois, and to amend all acts hereto-
fore passed incorporating the said city, and for other purposes 835
CITY INDEBTEDNESS;
Anact to enable the city of Dixon to borrow money for the purpose of building and
maintaining a bridge across Kock river, at Dixon, Illinois 837
An act to authorize the board of trustees of the town of Belvidere, in Boone county, to
issue bonds and to levy taxes for the purpose of building a bridge across the Kishwau-
kee river 838
An act to authorize the city of Nauvoo, in Hancock county, Illinois, to raise money for
cemetery purposes ; • • • 839
An act to authorize and empower the city of Henry to subscribe to the capital stock, or
loan its credit to a cotton manufacturing company in said city of Henry 840
Vin CONTENTS.
CITY INDEBTEDNESS : page.
An act to authorize the city of Belleville and the town of Mascoutah to issue bonds 841
An act to authorize cities, towns or townships lying within certain limits to appropriate
moneys and levy a tax to aid the construction of the Chicago, Danville and Vincenues
railroad 8^2
An act to enable the city of Sterling and certain towns in Whiteside county to issue
bonds and raise money by taxation to establish a free bridge across Eock river at the
city of Sterling 843
COMMERCIAL CORPORATIONS:
An act to incorporate the Traders' Emporium 847
An act to incorporate the Guarantee and Investment Association 84§
An act to incorporate the East St. Louis Board of Trade 852
An act to incorporate the Belleville Board of Trade. 852
An act to incorporate the Chic ago Guarantee Association i 863
COUNTIES:
An act to authorize the inhabitants of the various townships of Fulton county to sub-
scribe to the stock of railroad companies in said county 856
An act to legalize the sales and conveyances of swamp and overflowed lands in the county
of Crawford ..858
An act to enable the people of DeKalb county to relocate the county seat and erect pub-
lic buildings .• 858
An act to enable the county of Pope to construct county buildings 865
An act to authorize the counties of Woodford, La Salle and Livingston and the townships,
cities, incorporated towns and corporations in said counties, to subscribe to the capital
stock of any railroad company that now is or hereafter may be incorporated in the
state of Illinois 866
An act to create the county of Lincoln, and for other purposes 868
COUNTS INDEBTEDNESS:
An act relating to the county of Adams and city of Quincy 873
An act to authorize the board of Supervisors of Lake county to make an appropriation
in aid of the "Lake County Soldiers' Monument Association." 874
An act to authorize the county of Richland to issue bonds and to levy a tax for the pur-
pose of building a court house in said county 874
An act to authorize the board of supervisors of the county of Woodford to borrow money
for the purpose of buying a poor farm, and to provide for the payment of the same. . .875
An act to authorize Morgan county to borrow money aud issue her bonds therefor 875
An act to authorize the board of supervisors of McDonough county to make an appro-
priation in aid of the Soldiers' Monument Association 877
An act to amend an act, entitled "An act to authorize the Board of Supervisors of Ken-
dall county to borrow money." 877
An act authorizing the county of McLean to issue bonds for the purpose of building a
court house .878
An act to authorize the county court of Macoupin county to borrow money, issue bonds,
and levy taxes, to raise money to erect a new court house, in the city of Carlinville,
in said county , 878
An act to legalize the action of the board of supervisors of the county of Effingham, and
to provide for the payment of bonds and interest on the same, issued by order of the
said board of supervisors 879
An act to authorize the county court of Alexander county and the city of Cairo, to make
subscriptions and issue bonds therefor in certain cases therein named 880
An act to enable the county of Warren to levy taxes and borrow money for the purpose
of building a court house and jail in said county 881
An act to authorize the county of Cook to issue bonds and to provide for the payment of
the principal and interest thereon 882
An act to legalize the interest bearing bonds, issued by McLean county, to enable the
raising of bounties, and to levy a tax to pay the same 883
An act to authorize the county of Madison to borrow money 883
An act to authorize the county of Pike, and the several towns therein, to subscribe stock
in railroad companies 884
An act to authorize the county of Kankakee to borrow money 887
An act to gnuble the county of Lawrence to levy a tax and provide means for the payment
of the indebtedness of said county 888
An act to amend an act entitled, "An act to authorize the county court of Macoupin
county to issue bonds and levy taxes to raise money aud pay bounties to volunteers,"
apprt)Ved February Gth, 1865 S88
An act to enable the board of supervisors of Lee county to use their swamp land funds in
payment of the indebtedness of said county 889
An act to enable the board of supervisors of Edgar county to levy a tax to build a sol-
diers' monument 889
An act to legalize the acts ot the board of supervisors of the county of Ford borrowing
money and issuing bonds theiefor 890
An act to amend an act entitled "An act to authorize the county court of Perry county
to issue bonds," approved February 16, 1865 890
CONTENTS. IX
COUNTY INDEBTEDNESS: «page.
An act to authorize the county of Morgan to issue bonds and to levy taxes, for the pur-
pose of building a court house in said county 891
An act to authorize the county court of Randolph county to issue bonds 891
CODNTY SEATS:
An act to remove the county seat of Cass county 892
An act to relocate the county seat of Du Page county. 894
An act to provide for the removal of the county seat' of Woodford county, in this state. .897
An act to amend an act entitled, "An act to enable the people of De Kalb county, to re-
locate the county seat and erect public buildings, approved February 12, 1867" 899
COURTS :
An act to legalize certain acts of th'e county court of McHenry county, Illinois, therem
named 900
An act to provide for transcribing Deed Records "A," "B" and "C," and Circuit Exe-
cution Docket "A," Circuit Court Record "B" of Lawrence county, Illinois 900
An act to legalize certain acts therein mentioned 901
An act to enable the county court of Iroquois county to perpetuate evidence of the con-
tents of records and papers destroyed by fire, and to grant relief in certain cases
therein mentioned 902
An act to enable the county court of Pulaski county to order a special assessment of the
real estate of said county for the year 1866 904
DAIRY AND CHEESE COMPANIES :
An act to incorporate the Fox River Dairy and Cheese Factory Company 904
An act to incorporate the Bureau County Dairy and Cheese Company 906
An act incorporate the La Salle County Dairy and Cheese Company 907
An act to incorporate the Champaign County Dairy Company 908
DRAINAGE :
An act to amend an act entitled "An act to authorize the drainage of wet lands
in townships forty-one and forty-two, in range thirteen and fourteen east, and
sections one (l),"two, eleven and twelre (12), in township forty, of range thir-
teen, and to incorporate the drainage commissioners for that purpose.". , 909
An act to amend an act entitled "An act to authorize the drainage of land in town-
ships therein mentioned, and to construct roads therein." .'. • • • - • .910
An act providing for the drainage of certain lands in Champaign county, Illinois. .911
EDUCATIOX:
An act to amend an act entitled "An act to establish a Board of Education in the^
cityof Quincy," approved February 20, 1861, and "An act supplemental thereto,"
approved, February 22, 18Q1 '. •. ^^^
An act to amend an act entitled "An act to establish a corporation in Sparta
school district, for the purpose of public education." 916
ELECTIONS :
An act to fix the place of holding elections in the town of Silver Creek, in the
county of Stephenson ^^J^
An act to divide the town of Springfield into election districts. 917
An act to legalize an election held for railroad purposes in the town of Edwards-
ville, in Madison county ; • •^■'■°
An act to divide the town of Decatur, in the county of Macon, into two election
districts • ^21
An act to regulate the holding of elections in the town and city of Peoria 922
An act to change the time of holding town meetings in Will county, create elec-
tion precincts, and provide for the election of commissioners of highways, for
the town of Joliet ^^^
ENGRAVING COMPANY:
An act to change the name of the Western Engraving Companv 926
EVIDENCE CF MARRIAGE :
An act for the better preservation of the evidences of marriages in the county of
Madison 926
FERTILIZING COMPANY:
An act to incorporate the Northwestern Fertilizing Company 927
FERRIES :
An act relating to a ferry therein named, across the Mississippi river, opposite the
city of Louisana, Missouri , ^^"
An act to establish a ferry across the Illinois river, at Florence '■" ' i '^^^
An act to amend an act entitled "An act to establish a ferry at Chester, in the
county of Randolph, on the Mississippi river, approved January 17th, 1849, ^^^
an act to amend the same," approved Februarv 21st, 1859 ^-^
Vol. 1-2
X CONTENTS.
FERINE S: page.
An act to incorporate the Chalk Bank Ferry Company 980
An act to amend the charter of the Madison County Ferry Company 982
An act to establish a ferry in the county of Crawford, across the Wabash river, in
town seven north, of range ten (10) west 932
An act to establish a ferry at Evansville, on the Kaskaskia river 933
An act to authorize Greene P. Garner to keep a ferry across the Cache river, at
Unity, Alexander county, Illinois 934
An act to amend an act entitled "An act to establish a ferry across the Kaskaskia
river, at Athens, St. Clair county, Illinois," approved February the 16th, 1857. .935
An act to incorporate the Chillicothe Ferry, Eoad and Bridge Company 935
An act to establish Valley Ferry Company 937
An act to repeal part of an act and re-enact parts of another act named herein. . .938
An act to establish the Farmers' Ferry Company 939
An act to establish a ferry therein named.'. 941
An act to confirmthe transfer of the Beardstown ferry, to regulate the license thereof
and the rates of ferriage thereon 942
An act to incorporate the Cincinnati Ferry Company 943
An act to establish a ferry across the Mississippi, now opposite the City of Alton,
in the state of Illinois 946
An act authorizing Jonathan Simpson, of Henderson county, to establish and
maintain a ferry across the Mississippi river, in Henderson county, Illinois 947
An act to authorize Albert High to keep a ferry at the town of Santa Fe, in the
county of Alexander, state of Illinois 948
FIRE DEPARTMENT :
An act to amend an act entitled "An act to establish a board of fire engineers,
and to reorganize the fire department of the city of Quincy, Illinois 949
An act to amend an act entitled "An act to incorporate the Arab Fire Company,
of Cairo, Illinois 950
An act to incorporate the Rough and Ready Fire Company, of Cairo, Illinois 950
An act to incorporate the Union Fire Company, No. 1, of Jacksonville 953
An act to incorporate the Red Rover Hook and Ladder Company, No. 2, of the
city of Springfield, Illinois 954
FINE ARTS:
An act to incorporate the Fine Art College of Chicago 956
An act to incorporate the Northwestern Art and Photograph Company 957
An act to incorporate the American Art Association 958
FREE MASONS :
An act to incorporate Oriental Lodge, No. 33, of Free and Accepted Masons 960
An act to incorporate Carson Consistory of Free Masons 961
An act to incorporate the Shabbona Masonic Stock Company 962
An act to incorporate the Grand Commandery of Knights Templar and appendant
orders of the state of Illinois 963
FREIGHT COMPANY:
An act to incorporate the Chicago Freight Company 964
FINES AND PENALTIES :
An act in relation to certain fines and penalties in Cook county 965
FUEL AND LIGHT COMPANY:
An act to incorporate the Petroleum Fuel and Light Company 967
GAS LIGHT COMPANIES:
An act to amend an act entitled "An act to incorporate the Decatur Gas Light
and Coke Company," appi'oved February 16, 1865 970
An act to incorporate the Monmouth Gas Light and Coke Company 970
An act to incorporate the Canton Gas Light and Coke Company 971
An act to incorporate the Mattoon Gas Light and Coke Company 972
An act to amend "An act approved February 20, a. d. 1861, entitled an act to in-
corporate the Pekin Gas Light Company." 974
An act to incorporate the El Paso Gas Light and Coke Company 974
An act to incorporate the Union Gas Light and Coke Company, of La Salle and
Peru , 978
An act to revive an act entitled "An act to incorporate the Morris Gas Light and
Coke Company," approved February 16, 1657 979
An act to amend "An act to incorporate the Aurora Gas Light Company." 979
CONTENTS. 41 XI
GAS LIGHT COMPANIES: ' page.
An act to incorporate the Washington Gas Light Company 980
An act to incorporate the Champaign and Urbana Gas Light and Coke Company. .981
An act to incorporate the Northwestern Gas Light and Coke Company 982
An act to incorporate the Danville Gas Light Company 983
An act to incorporate the Kankakee Gas Light and Coke Company 985
GAME AND FISH :
An act for the preservation of Game in Hancock county 986
An act for the protection of fish in the county of Macoupin 989
An act for the preservation of game and fish in the counties of Adams and Han-
cock 989
An act to incorporate the Piscatorial Association 990
An act to prohibit the trapping of fur during certain months of the year in the
county of Lake 994
GRAIN DRYING COMPANY:
An act to incorporate the Illinois Grain Drying Company 994
THE PRIVATE LAWS
ST^TE OF ILLIN^OIS,
ACADEMIES, COI^JLEGES, ETC.
AN ACT to amend the charter of the Illinois Agricultural College. j„ f^j.^g peb'y
12, 1867.
Section 1. Be it enacted hy the Peojyle of the State of
Illinois, represented in the General Assembly, That sec- charter amend-
tion six of the act entitled "an act to provide for the dispo- ^'*-
sition of seminary lands, and to incorporate the Illinois
Agricultural College," be so amended that the time to be
devoted by the pupils to labor in the field, the workshop
or the laboratory, shall be left to the discretion of the teach-
ers and president of the board of directors of said institu-
tion, not to exceed three hours of each day, the months
therein specified.
§ 2. That section eight of said act to be amended by Property ex-
adding thereto: "that the lands, lots, stock, buildings, 3on°"''''"
library, philosophical and chemical apparatus, cabinet and
all other property belonging to, or vt^hich may hereafter
belong to said institution, shall be forever exempt from
taxation for state, county, corporation or other purposes ;
and also exempt from execution for other than debts or
demands against said corporation, in its corporate capacity
and liabilities ;" and that anything in said act contrary to
the provisions of this amendment or of said section eight
be and the same is hereby repealed.
§ 3. That said institution is hereby empowered to con- po^®i\*.° ^o»-
fer all the degrees that can be conferred by any literary
institution or college in this state, and such other degrees as
2 ACADEMIES, COLLEGES, ETC.
may be deemed appropriate to au agricultural and mechan-
ical school or college.
May impart in- § 4. That Said act be so amended as to- permit said col-
struction, etc.j j^g^ ^^ impart instruction in all the branches taught in
similar institutions in any of the states of this Union, or
contemplated in the act of congress donating lands or scrip
to the several states for the establishment of agricultural
colleges.
To report to § 5. That Said corporation shall hereafter furnish the
tendenr^of'°" ^^^^^ Superintendent of public instruction annually a copy of
public instrue- their Catalogue, showing the number of pupils received and
discharged, stating the residence of each, and their pro-
gress ; and that section ten of the act to which this is
amendatory, be and the same is hereby repealed.
Property to be § 6. In Order to protect the fencing, buildings and
protecte . property of said institution from injury, it shall be unlaw-
ful for any person to hitch any animal to the fences belong-
ing to said institution, or to throw open, break or tear down
any of said fences, or to leave open any gate belonging to
said institution, or to ride, or drive, or lead, or tole any
♦ animal into the inclosures of said institution, without per-
mission of the board of directors ; and any person so
offending, shall forfeit or pay, for the use of said institution,
the sum of five dollars for the first offense, and fifty dollars
for each succeeding offense, to be collected by action of
debt, before any justice of the peace in the county in which
said institution is located, or in which the defendant may
be found, in the name of said institution ; and any person
who shall cut, mark, deface, or in any manner willfully
Penalty for in- damage or disfigure the buildings belonging to said corpo-
iy|''etl^'°^^'^' ration, or who shall, in any manner willfully injure any
tree or shrub growing upon the lands of said corporation,
or any property belonging to said corporation, shall forfeit
and pay for each offense for the use of said institution, a
like sum or suras, to be collected in like manner.
License to sell •§ Y. lu Order to protcct the morals of the pupils who
ti?ree%iYe's'^'o'f may attend said college, it shall not be lawful for the county
to b'e*gran'ted?' ^ourt of the couuty of Washington, or of the county of
Clinton, or of the county of Jefferson, or of the county of
Marion, or any corporation in either of said counties to
grant licenses to retail spirituous, vinous, malt, fermented
or mixed liquors, or intoxicating drinks of any kind, within
three miles of said institution ; and any license issued con-
trary to the provisions of this section, shall be deemed and
held to be void, and any i^orson retailing such liquors or
drinks within said limits, stiall be subject to all the penal-
ties provided by law for selling without license. And any
person who shall sell or give to any student, or to any per-
son for a student, any of said liquors within said limits
shall be subject to the same penalties provided in section
ACADEMIES, COLLEGES, ETC.
six of this act, to be collected the same way, for the use of
said institution.
§ 8. This act to take effect and be in force from and
after its passage.
Appkoved February 12, 1867.
AN ACT to incorporate the trustees of the Shelbyville seminary. In force Feb.l5
1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That C. 0. Trustees.
Scoville, S. W. Moulton, J. A. Eoundy. C. E. Woodward,
James Durban, Gyrus Hall and "W". J. Henry, the present
trustees of the Shelbyville Seminary, be and are hereby
declared a body politic and corporate, with full power to
sue and be sued, plead and be impleaded, to take and
acquire by gift, donation or purchase, title to real and per-
sonal property, with full power and authority to sell, alien
and transfer the same at pleasure, at any time whenever
said board of trustees shall deem it for the interest of said
seminary so to do : Provided, that upon the alienation and
conveyance of the property, real or personal, belonging to
said trustees, the money arising from such sale or transfer
shall be held and used by said corporation for the purposes
of education only.
§ 2. That said corporation shall be known by the name Nameand style.
and style of " The Board of Trustees of the Shelbyville
Seminary," and by that name may acquire and, hold real
and personal property, transfer, alien, sell and convey the
same, and do all other acts as fully as a natural person could
do in and about the premises aforesaid.
§ 3. That the title to the real and personal property Property vested
belonging to said trustees, as trustees of the Shelbyville '° <=orpo'-at>on.
Seminary, be and the same is hereby vested in the said cor-
poration, and said corporation shall have power to alien,
sell and convey the same by resolution, entered upon the
journals of said corporation, empowering one or more mem-
bers of said board to execute deed or deeds for any and
all property belonging to said corporation.
§ 4. That said board of trustees , or a majority of them ^^°jfe'jfiie^|y ^'
shall have full power and authority to fill all vacancies that
may occur from time to time in said board.
§ 5. That this act shall be deemed and taken to be a
public act and shall be in force from and after its passage.
Appkoved February 15, 1867.
ACADEMIES, COLLEGES, ETC.
In foi'Go Apr. 18, AN ACT to authorize the bora-d of supervisors of Stark county to sell the
1867. " Toulon Female Seminary."
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the
Town lots to be board of supervisors of the county of Stark be, and are here-
®°^'^' . by authorized and empowered to sell, at public or private
sale, lots numbered seven (7) and ten, (10) in block num-
bered three, (3) in the town of Toulon, in said Stark
county, with the buildings thereon, known as the "Toulon
Female Seminary," upon such terms and conditions as they
think best for the interest of said county, and upon such
sale being made, it shall be the duty of the chairman of the
said board of Supervisors to execute and deliver such deeds
of conveyance, bonds or other instruments of writing, for
and on behalf of the said county of Stark, as may be neces-
sary to fully vest the title to said premises in the purchaser
or purchasers thereof, and such deed executed by said
chairman in pursuance hereof, shall be good and valid in
law to convey the title to said premises to the said purcha-
ser or purchasers.
Notes :to be ta- § 2. Should the Said board of supervisors sell said lots,
ken. Qj. g^j^y portion thereof on a credit, then it shall be tiie duty
of the said chairman to take such notes, mortgages or other
securities for the payment of such portions of the purchase
money as may remain unpaid, as he shall be directed by
Notice of pub- the said board of supervisors ; and should said premises be
g?ven!*' *^° ^^ ^ol*^ ^^ public sale, the said chairman, by the direction ol
said board, shall give thirty days' notice of the time, place
and terms of such sale, by publication thereof in some pub-
lic newspaper published in said county, if any newspaper be
published therein, and also by posting written or printed
notices of such sale in not less than four of the most public
places in said county thirty days before such sale.
Approved February 18, 1867.
In force April ^N ^Q-p ^^ incorporate the Anderson Female Seminary.
Section 1. Be it enacted T>y the Feople of the /State of
Illinois, represented in the General Assembly, That Critten-
corporiitors. dcn H. C. Audersou, William A. Robertson, Rev. Alex.
C. Raflerty, Dr. Charles II. Ilolliday, Thaddeus L. Loorais,
Charles A. Walker and Julius G. Kocster, and their suc-
cessors, be and they are hereby created a body politic and
Name and style. ^^^^Q^SitQ, to bc stylcd and knowu by the name of the "Trus-
tees of Anderson Female Seminary," and by that style and
ACADEMIES, COLLEGES, ETC. 5,
name to remain and have perpetual succession. The said
seminary shall be and remain at Carlinville, in the county
of Macoupin. The number of trustees shall never exceed
seven, including the president of the seminary, who shall-
be, ex officio, a member of the board of trustees.
§ 2. The objects of said corporation shall be the promo- object.
tion of female education.
§ 3. The corporate powers hereby bestowed shall be ^j?7,.g''j """"
such only as are essential or useful in the attainment of said
object, and such as are usually conferred on similar bodies
corporate, to- wit: to have perpetual succession; to make
contracts; to sue and be sued; plead and be impleaded; to
grant and receive by its corporate name, and to do all other
acts as natural persons may; to accept, acquire, purchase or
sell property, real, personal or mixed, in all lawful ways to
use, employ, manage, and dispose of all such property, and
all money belonging to said corporation, in such manner as
shall seem to the trustees best adapted to promote the
object before mentioned ; to have a common seal, and to
alter or change the same ; to make such by-laws for its
regulation as are not inconsistent with the constitution and
laws of the United States or of this state.
§ 4. The trustees of said corporation shall have authority, '^/g" ■{fe^j-„°J''®'
from time to time, to prescribe and regulate the course of etc.
studies to be pursued in said institution ; to fix the rates of
tuition and other expenses; to appoint instructors, and such
other officers and agents as may be necessary in managing
the concerns of the institution ; to define their duties ; to
fix their compensation, and to displace or remove them; to
erect necessary buildings; to "purchase books, chemical and
philosophical apparatus, and other suitable means of instruc-
tion ; to make rules for the general government of the
affairs of the institution, and for the regulation of the con-
duct of the students.
§ 5. The trustees, for the time being, in order to have vacancies to be
perpetual succession, shall have power to fill any vacancy
which may occur in the board from death or otherwise.
Four members shall constitute a quorum to do business.
§ 6. It shall be the duty of the trustees to appoint one xreasnreiMo be
of their number a treasurer, who shall be required to give ^pp°'° ®
bond with sufficient security in such penal sum as the board
may prescribe, conditioned for the performance of such
duties as the by-laws may require of him.
§ 7. The said institution shall be opened to all denomi- institution to be
nations of christians, and the profession of any particular
religious faith shall not be required of those who become
students.
§ 8. The trustees shall faithfully apply all funds collec- ^S'"'"" "'
ted or hereafter to be collected for said seminary, according
to their best judgment : Provided, that in case any dona-
tion, devise or bequest, shall be made for particular purpo-
ACADEMIES, COLLEGES, ETC.
ses, accordant with the objects of the institution, and the
trustees shall accept the same. Every such donation, devise
or bequest, shall be expressly applied in conformity with
the condition prescribed by the donor or divisor.
Approved February 18, 1867.
Ill foi'ce ^I^J''^^- AN ACT to amend an act entitled "An act to incorporate the Northwest-
^^^ ' ' ern University," and the several acts amendatory thereof.
Section 1. Be it enacted hy the Peojple of the State of
Illinois, represented in the General Assembly, That the
name of that corporation created by act of the general
assembly of the state of Illinois, approved on the 28th day
of January, a. d. 1851, under the name of the " Trustees
of the Northwestern University," be and the same is hereby
Change of name changed to " Northwestcm University," and by that name
shall hereafter be known, and in and by such name shall
have and exercise all the powers and, immunities conferred
on said corporation by said act of incorporation and all acts
amendatory thereof.
Additional trus- § 2. In addition to the number of trustees heretofore
*®^^" provided for by law, the board may elect any number not
exceeding twenty-four, and without reference to their sev-
Ouaiifications ^^^^ placcs of residence, and a majority of the whole board
of trustees, shall be members of the Methodist Episcopal church.
Quorum. g 3. ]\(o greater number shall be required to constitute
a quorum than has been heretofore required by law : Pro-
vided, that in all called meetings of the board the object of
Notice of meet- ^^^q meeting shall be particularly specified in the notice to
be previously given to each trustee.
§ 4. This act shall be a public act, and be in force from
and after its passage.
Approved February 19, 1867.
In force Feb. 25, AN ACT to incorporate the Illinois soldiers' college at Fulton, in AVliitc-
■^^^'^- side county.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Asiembly, That Alfred
Eddy, James McCoy, Leander Smith, Edward R. Allen,
Silvanus Wilcox, David L. Hough, "William F. Osgood,
Orin Cowles, J. E. Forester, Josiah Leonard, J. II. Elliott
and Charles Randolph, and such other persons as are or
ACADEMIES, COLLEGES, ETC. 7
may hereafter become associated as shareholders (as here-
inafter mentioned), with them and their successors, are
hereby constituted a body corporate, by the name and style
of "The Illinois Soldiers' College," and by that name and Name and style
style shall remain and have perpetual succession.
§ 2. That the object of this corporation is, and shall be, object.
to promote education, civil and military, and especially at
present to place within the reach of the soldiers and sailors
of Illinois and their children the means of acquiring a
thorough education. And all gifts, grants, donations, de-
vises and bequests which shall be made to this corporation,
and all property and effects by virtue of this act obtained,
or received, or that may hereafter be in any manner acquired,
and the proceeds thereof shall be held, used and applied
by the corporation for the purpose aforesaid. And no
trustee of said corporation shall be paid any compensation
for time spent in serving as such. But the board may
allow to each member the necessary traveling and hotel
expenses, incurred by him while actually attending as a
member of the board,
§ 3. That the said corporation, by its corporate name, vested rights.
may make contracts, sue and be sued, plead and be im-
pleaded, grant and receive, accept donations, devises and
bequests, accept, acquire, purchase, sell, convey and man-
age property, real or personal ; have a common seal and
alter or change the same ; and may make by-laws, rules
and regulations, and may confer on such persons as may be
considered worthy such academical or honorary degrees as
are usually conferred by siniilar institutions.
§ 4. That the acts and proceedings of the trustees of the other^^ets i«-
Illinois soldiers' college and military academy located at Ful- ^^ ^
ton, heretofore had under the general law authorizing the in-
corporation of institutions of learning, be, and the same
are hereby legalized, and the corporation established
thereby is and shall be merged in the corporation created
by this act, and all the property, estate, effects, choses in
action, money, notes, mortgages, and accounts, and all of
the right, title and interest, legal and equitable in and to
property, whether real, personal or mixed, now owned,
possessed, claimed, had or held by the corporation estab-
lished as aforesaid, are and by virtue hereof shall be trans-
ferred to, vested in and become the property of the
corporation created hereby, and the trustees of this corpo
ration are authorized and required to take full and entire
possession, control and management of the same and every
and all undertakings and contracts, made by any person or
persons, or body corporate to and with the corporation
merged as aforesaid, shall enure to and be deemed and
treated in all courts and places as though made with the
corporation created by this act, and this corporation shall
be bound by the undertakings and contracts of said merged
ACADEMIES, COLLEGES, ETC.
corporation, the same as though made with it, after the
passage ot this act.
Trustees. § 5. That the government of this corporation shall be
vested in twelve trustees (together with the governor of
the state of Illinois, who shall be ex officio a member of the
board), to be called the " board of trustees," one of whom
(to be chosen annually by themselves) shall be president
and live of whom shall constitute a quorum for the transac-
tion of business, and a less number may adjourn from time
to time. The term of office of trustee shall be three years,
except as hereinafter provided, in reference to the first
board, and in case of an appointment to till a vacancy.
By-!aws, § 0. That the board of trustees shall have power to
enact ordinances, by laws, and regulations for the govern-
ment of the institution (college and academy), to elect a
president therefor ; to tix, increase or reduce the regular
number of professors and tutors; to appoint a secretar}',
treasurer, executive committee and such other officers and
agents as they may deem the interests of the corporation
may require, who shall hold their oiiices at the pleasure of
the board, and perform such duties and receive such com-
pensation as the board may prescribe.
RejnoTsis. § T. That the board of trustees shall have power to
remove the president, and any professor, tutor or other
otiicer or agent appointed by them when the interest of the
corporation, in their judgment shall require it, and may
determine who shall be received in the institution as stu-
dents, and may expel students for acts which they may
deem misconduct.
Professorships. § 8. That the board of trustees shall have anthority to
prescribe and determine the number of professorships in
the Institution, the particular branches of education that
shall bo taught, and the course of studies pursued therein
(including infantry tactics and military police), and lix the
rate of tuition and other expenses of students.
Boud of treasu- § !^- That the board of trustccs sliall require the trea-
^^^- surer (and if they shall deem it best, any other officer or
agent,) to give bond for the security of the corporation in
such penalty, with such security, and upon such conditions
as they shall approve. And all process against this corpo-
ration shall be by summons, and the service thereof shall
be by leaving a copy thereof with the treasurer of the
corporation at least thirty daj's before the return day thereof.
]>ivisioiioftriis- § 10. That the persons named in the tirst section of this
^^^^- act shall constitute the tirst board of trustees, and shall be
by themselves at their tirst meeting divided by lot into
three classes, and the term of office of the tirst, second and
third class shall be one, two and three years respectively,
from and after the Tuesday next preceding the last Wed-
nesday of the month of June, a. d. 1867 : Provided^ that
ACADEMIES, COLLEGES, ETC/ "
the governor of the state of Illinois, ex officio, shall be and
remain always a member of said board.
§ 11. That the first meeting of the board of trustees Piaee of first
under this act shall be held at the college on the first Tues- uutteel. °^
daj of the month of March, a. d, 1867. And if a quorum
should not then convene, a meeting shall be held as soon
thereafter as practicable. Subsequent meetings of the
board shall be held at such times and places as the trustees
in their by-laws shall determine, and it shall be the duty of
the secretary to keep a full and complete record of the ^j.g'g°jj^^„°* p'°"
doings and proceedings of the board of trustees, and certi-
fied copies thereof by the secretary under the seal of the
corporation shall be evidence in all courts and places.
§ 12. That for the purpose of electing trustees, every shareholders.
person who may have contributed and paid twenty-five dol-
lars to the fund which established and has maintained the
corporation merged as aforesaid in the one hereby created,
and every person who shall hereafter contribute and pay to
this corporation twenty-five dollars, shall be deemed a share-
holder and a member of the corporation and entitled to one
vote for every twenty-five dollars thus contributed. And a
certificate showing the number of shares held by such per-
son, if not heretofore shall hereafter be issued to him or her.
§ 13. That on the Tuesday next preceding the last Election for
"Wednesday of the month of June, a. d. 1868, at the col-
lege and at the same place and on the same day of each
year thereafter there shall be elected from among the
shareholdfers, twelve trustees, which election shall be by
ballot, and by a majority of the votes of the shareholders
present and voting. And it shall be the duty of the board
of trustees in their by-laws to provide the manner of hold-
ing and conducting such election, and of the notice thereof
to be given.
§ 14. That in case it should happen that an election of Dissolution of
trustees should not be made at the time herein specified and'^orfei'ture
this corporation shall not on account thereof be dissolved, ^^ "sins.
or its rights forfeited, but it shall be lawful on some other
day to call a special election for such purpose in such man-
ner as may be prescribed by the by-laws, and the trustees
whose terms of office have expired shall act until their suc-
cessors have been elected and have accepted.
§ 15. That the said board of trustees shall have power '^'^
to fill any vacancy or vacancies that may occur in the board,
whether by death, resignation, inability to act, or other-
wise, at any meeting of the board, and shall also have
power to remove or displace any member of the board who
at any time may become disabled or disqualified in any
wise to meet with, or shall neglect or refuse to meet with
and serve as a member of said board, and the cause of said
removal shall be entered upon the records of said board,
and notice thereof given to the member removed.
-acancies.
10
ACADEMIES, COLLEGES, ETC.
^fauh^lo"^ re^ ^ '^^' '^^'^^^ ^^^ ^^^'^ College shall be open to all denoin-
quired. iiiations of chi'istians, and the prpfession of any particular
religious faith shall not be required either of officers or
pupils.
Exemption § IT. That the property of this corporation shall be and
from taxatiojn. remain free from taxation and assessment.
§ 18. That this act shall be a public afct, and shall be
in force from and after its passage.
Approved February 25, 1867.
In force Feb. 25, AN ACT to incorporate the Simpson Seminary and Collegiate Insti-
1867. tute.
Section 1. Be it enacted hy the Peojple of the State of
Illinois^ rep/esentedin the General Assembly^ That Joseph
Nameandstyie. 0. Ward, Lcwis B, Gould, Gcorgc W. Demmit, Peter Ben-
nage, Peter Zarmehly, Sylvester Wright, Josephus Burton,
John Murray, J. E". Renton, and such other persons as are
or may be hereafter associated with them and their succes-
sors in office, be and they are hereby created a body politic
and corporate, under the name and style of " The Simpson
Seminary and Collegiate Institute," for the purpose of es-
tablishing an institution of learning, in or near tl^e town of
Eureka, in the county of Woodford, and state of Illinois,
for the education of males and females.
§ 2. Tlie corporate powers hereby bestowed on said
institution shall be the following, to-wit : To make contracts,
to sue and be sued, to plead and be impleaded in all courts
of law and equity ; to receive and grant by their corporate
name; to acquire and hold real estate and other property,
by purchase, gift, grant, devise or otherwise, in all lawful
ways; use, employ, manage and dispose of all such property
and money as belong, or may belong to said corporation in
any or all such ways as may to them seem best calculated
to promote the objects of this" institution ; to have a common
seal, and to alter the same at pleaure, to make any such
by-laws for the management of said institution as shall not
conflict with the constitution and laws of this state, or of
the United States.
Management § 3. The cstato, property and effects of every name and
and control, nature, and all financial concerns of said corporation shall
be managed, controlled and transacted by a board of nine
trustees, to be elected by the stockholders, as hereinafter
mentioned : Provided, that at least two-thirds of said
board of trustees shall at all times be members of the
Methodist Episcopal church, and that each of said mem-
bers shall be over the age of twenty-one years, and at the
ACADEMIES, COLLEGES, ETC. 11
time of his election a citizen of the state of Illinois, and on
ceasing to be such members shall cease to be such trustees,
and his or their placei shall be filled by appointment of such
board until the next annual election.
§ 4. The board of trustees may employ and appoint a officers and m-
president, and professors and all such officers and instruc- ^'^"°*°^^-
tors as may be necessary, and shall have power to remove
any, or such of them as the interests of the institution may
require, and to fill all vacancies that may at any time occur,
and to appoint three persons, who, together with the visit-
ing committee hereinafter mentioned, and the faculty, shall
constitute a committee of examination in reference to the
scientific and collegiate standing of the students in said in-
stitution.
§ 5. The board of trustees shall have power to devise, course of stu-
prescribe and regulate a thorough course of classical and '^'^®"
scientific study in said institution, and to confer upon all
who may honorably complete such course of study such
diplomas of honor and degree as are usual in the best lite-
rary institutions.
§ 6. The persons named in the first section of this act Trustees.
shall constitute the first board of trustees, and shall be divi-
ded by lot into three classes ; the time of the service of the
first class expires on the last Monday in May, a. d. 1868 ;
that of the second class in one year, and that of the thir.d
class in two years thereafter.
§ 7. On the last Tuesday in May, a. d. 1868, and the Election of.
same day of each year thereafter, there shall be a meeting
of the stockholders to transact business, at which meeting
there shall be an election of three trustees, who shall hold
their office for the term of three years, and until their suc-
cessors shall have been elected or appointed. All vacan-
cies may be filled at such elections ; and such elections shall
be by ballot, and a majority of the stockholders present
shall elect.
§ 8. There shall be a board of three visitors appointed Board of visit-
by the annual conference of the Methodist Episcopal church, °''^'
within the bounds of which said institution shall be located,
who may jointly with the board of trustees appoint the pro-
fessors and teachers, arrange the course of study and deter- Teachers.
mine the general manner of conducting the said seminary
and collegiate institute.
§ 9. baid corporation may have a capital stock of fifty capital stock.
thousand dollars, divided into shares of one hundred dol-
lars each, and subscriptions shall be binding when $25,000
worth of stock shall have been taken, and shall be payable
in installments, as said trustees may from time [to time] di-
rect ; and any subscriber failing to pay any installment or
installments, shall, at the option of the trustees, forfeit his
claim to said stock and all payments made thereon ; said
trustees may increase the capital stock to one hundred
12
ACADEMIES, COLLEGES, ETC.
thousand dollars, if bj them deemed necessary for carrying
out the purposes of said association.
Membership. § 10. Auv persou holding a certificate for one or more
shares of said corporation stock, shall be a member of this
corporation, and entitled to one vote for each share of stock
by him held, on which all installments required by said
trustees shall have been duly paid : Provided^ that the trus-
tees shall not, without the consent of all the members of
the corporation demand installments of more than fifteen
per cent, per annum on the amount of stock held by each
member respectively, the said stockholders shall be entitled
to such dividends on their stock, as the trustees shall from
time to time declare thereon.
Trustees' duties § H. The trustccs shall choosc their own officers and
make their own by-laws, and may fill any vacancies in their
body by appointment, until the next annual meeting.
Annual reports. § 12, The trustccs at cach annual meeting shall make
and submit a report to the stockholders of the condition of
the institution, the state of its finances, together with an in-
ventory of its property, and declare such dividend from
the net proceeds and profits of its receipts and business as
the state of the finances of said institution may warrant :
Dividends. Provided, that, no dividend shall ever be made or declared
when its payment would embarrass the finances or efficien-
cy of this institution.
Property ex- § 13- The property, both real and personal and mixed,
t1i'^atiou.°™ belonging to this corporation, at any time during its exist-
ence, such as may be used and occupied for college pur-
poses, shall forever be and remain free from taxation.
Not«s and § 14. Any promissory note, bond, bill or other instru-
bonds assign- meut in writing, made payable by any person or persons,
body politic or corporate, which is by law made negotiable,
and made paj^able to said corporation, shall be assignable by
indorsement thereon, under the hand of the president of
the board of trustees of said corporation, so as absolutely to
vest the title of the same in their assignee or assignees,
in the same manner that bills of exchange are, so as ab-
solutely to transfer and vest the property thereof in each
and every assignee or assignees, successively.
Quorum. § 15. A majority of the board of trustees shall consti-
tute a quorum to do business, but a smaller number may
adjourn from day to da}^, until a quorum shall be secured,
and shall have the power to determine the rules of their
own proceedings, and with the concurrence of two-thirds
expel a member.
§ 16. This act is hereby declared to be a public act, and
shall be in force from and after its passage.
Approved February 25, 18G7.
ACADEMIES, COLLEGES, ETC. 13
AN ACT to incorporate the Mount Carroll Seminary. in force Feb.25.
1867.
"Whereas, the legislature of the state of Illinois passed Preamble.
an act, approvedJunelS, 1852, entitled "An act to incorpo-
rate the Mount Carroll Seminary," under which a president
and trustees were elected, an organization effected, a tract
of land obtained at Mount Carroll, Carroll county, in said
state, and a seminary building erected thereon; and where-
as, the said president and trustees, on or about the 30th day
of March, 1855, did grant, bargain, sell and convey the said
tract of land, seminary building, and all their property of
every description, to Frances ±V. Wood (now Frances A.
Wood Shimer) and Cindarilla M. Gregory, and thereafter,
hitherto ceased and have ceased to act as a corporate body ;
and whereas, the said Frances A. Wood Shimer and Cinda-
rilla M. Gregory are now the joint proprietors and mana-
gers of said institution, and have purchased additions to
said tract of land, until it now ^contains about twenty -five
acres, and have also made corresponding additions to the
seminary buildings, and are desirous of obtaining a new
act of incorporation, for the better ascertaining of their rights,
powers and privileges, therefore.
Section 1. £e it enacted by the People of the tSiate of
Illinois^ represented in the General Assembly, That the Kame and style.
said Frances A. Wood Shimer and Cindarilla M. Gregory,
their heirs and assigns, be and they are hereby constituted
a body politic and corporate, by the name and style of " The
Mount Carroll Seminary," and by that name shall have
perpetual succession ; may sue and be sued, plead and be
impleaded, answer and be answered unto in all courts and
places whatsoever ; and may have a common seal, and alter
the same at pleasure, or use a scroll tor a seal.
§ 2, The said corporators, their heirs and assigns, shall corporate pow-
have power and authority, by their said corporate name, to ^'■^•
contract and be contracted with, to accept, acquire, pur-
chase or sell property, real, personal or mixed, in all law-
ful ways ; to use, employ, manage and dispose of all such
property, and all moneys belonging to said corporation as
to them shall seem proper ; to prescribe and regulate, from
time to time, the course of studies to be pursued in their
seminary ; to fix the rates of tuition and other seminary
expenses ; to appoint instructors and such other officers
and agents as they may deem necessary to manage the
concerns of the institution ; to define their duties, fix their
compensation, and displace or remove them for reasonable
cause ; to erect on said tract of land such additional build-
ings as they may deem necessary ; to purchase suitable
books and apparatus for the use of the institution, and to
make and adopt such by-laws, rules and regulations for the
conduct of the students, the management of the institution,
14. ACADEMIES, COLLEGES, ETC.
and the aftairs of the corporation as they may deem neces-
sary or expedient, and as are not in conflict with the con-
stitution and laws of the United States, and of this state ;
to grant diplomas to, and confer academical and honorary
degrees upon such persons as may complete their prescribed
course of study, and such other persons as they may deem
worthy, according to the course and practice of other simi-
lar institutions.
Property held § 3. The Said tract of land, together with such addi-
f°om^5i"taL- tions as may be made thereto, and all buildings and im-
tion. provements thereon, or which may hereafter be placed
thereon, together with all the books, furniture, apparatus,
musical instruments and other personal property, of every
name and description, now, or which may hereafter be con-
nected with said institution, or used or kept upon said
premises, either for the use of the seminary, the cultiva-
tion or improvement of the grounds of said corporators, or
the pleasure of the proprietors, principals or teachers, shall
be held and deemed as the property of said corporation,
and shall forever be exempt from taxation for state, county,
town, municipal or other'purposes ; but nothing in this act
shall prevent the said corporators, their heirs and assigns,
from granting, bargaining, selling and conveying said prop-
erty, either in their individual names, or by their corporate
name aforesaid ; and conveyances made in either of said
modes shall be binding and effectual, to all intents and pur-
poses, both at law and equity.
Officers and g 4. The Said Corporators, their heirs and assigns, shall
govemmen. -^^^^^ powcr and authority to appoint one of their number
president, and another secretary, to hold office as such until
successors shall be appointed, and to authorize such presi-
dent to execute any and all contracts and conveyances in
the corporate name; and should they at any time deem it
for the interest of their institution to change its location, by
purchasing more ample grounds, and erecting new semi-
nary buildings, then, and in that case, the powers and priv-
ileges herein granted shall extend to, and include such
newly acquired property, and shall cease to operate as to
the property hereinbefore mentioned, so far as specially
"^s^th Jm?e'^i852* ^Pplicablc thereto. '
repealed!' ' ^ 5. And he it further enacted., That the said act of the
legislature of this state, entitled "An act to incorporate
the Mount Carroll Seminary," approved June 18, 1852, be
and the same is hereby repealed.
§ G. This act shall be held, taken and deemed a public
act, and shall be in force from and after its passage.
Appkoved February 25, 1867.
ACADEMIES, COLLEGES, ETC. 15
AN ACT to incorporate Metropolis Seminary in Metropolis, Illinois. in force Febru-
ary 25, 1867.
Section 1. Be it enacted by the People of the State of
Illinois, re2)resented in the General Assembly, That Benja-
min Kimball, Alford Cutting, G. W. Neelj, Huorh Worth-
ington, J. JR. Lukins, Dr. J. L. Gibhart, and Dr. £. M.
Melton, and their successors, are hereby created a body
corporate, under the name and style of the " Metropolis Name and style
Seminary," with perpetual succession and power to sue
and be sued, either at law or equity ; to answer and be
answered unto in all places ; to have and use a common
seal, and to alter the same at pleasure ; to take and hold Powers,
real estate and other property by purchase, gift, grant,
devise or otherwise, for educational purposes only ; to use,
employ, manage and dispose of any or all such property,
and all moneys belonging to said corporation, in such man-
ner as shall seem to the trustees best adapted to promote
the cause of education ; to make such by-laws for its regu- By-laws
lation as are not inconsistent with the constitution and laws
of the United States nor with this state; to confer upon
such persons as by examination may be considered worthy, Academical
such academical or honorary degrees as are usually conferred i^onors.
by similar institutions.
§ 2. The object of said institution shall be to furnish object.
both males and females with an English and classical edu-
cation.
§ 3. The trustees of said incorporation shall have courge of study
authority, from time to time, to prescribe and regulate the
course of study pursued in said seminary, to fix the rate of ^^^^ of tuition-
tuition and other academical expenses ; to appoint instruc-
tors and such other officers and agents as may be necessary officers, agents.
in managing the concerns of the institution ; to define their ®'°'
duties and fix their salaries ; to erect necessary additional saJaries.
buildings ; to make rules for the general regulation of the
conduct of the pupil, and establish such ordinances, rules ordinances.
and by-laws as they may deem necessary.
§ i. The stock of said institution shall consist of shares stock.
of twenty-five dollars each, and shall be considered personal Shares.
property, and shall be transferable by assignments of cer-
tificate on the books of the corporation as the trustees shall
prescribe. The capital stock of said corporation shall not capital stock.
exceed fifty thousand dollars, and such capital and its accu-
mulations shall be used for the purposes of education, and
for no other purpose.
§ 5. There shall be an annual meeting of stockholders Annual meet-
in tliis incorporation on Friday after the 4th day of July, in ifolde^s.
each year, for the purpose of business, and to fill any
vacancy in the board of trustees,' and at which meeting the vacancy,
trustees shall make a report of the general condition of the Reports.
seminary, the number of teachers, the progress of pupils,
and the financial condition of the incorporation.
16 ACADEMIES, COLLEGES, ETC.
Privileges of § 6. Anj person holding one or more shares in certifi-
stockhoiders. ^^^^ ^^- ^j^^ capital stock of this corporation or institution,
shall be entitled to as many votes as he holds shares, and
each stockholder sending a pupil to said seminary, shall be
allowed a deduction of six per cent, annually, from the
established price of tuition, to be deducted, ^j/'c> rata, from
the tuition of each terra.
Establishing § 7. The trustccs shall have power to establish an alley
alleys. upon the cast side of the plat of ground upon which the
seminary building now stands, of the same width as the
alleys in the city of Metropolis, and the alley running east
and west through the lots belonging to said seminary, and
connected to said building, except by said alley, be and is
hereby vacated.
Property ex- § 8. All property of whatsoever kind and description,
|j^P'^''°'"*^^" belonging or appertaining to said seminary, shall be and
forever remain exempt from taxation for any and all pur-
poses whatsoever.
Trustees. § 9. The before named corporators shall be the trustees
of this incorporation until their successors are elected and
qualified, and the trustees shall so arrange their number by
lot, that two shall go out the first year, two the second year,
.and three the third year.
Taxes. | 10. The State taxes of Massac county, Illinois, to be
levied and collected for the year 1867, are hereby granted
and appropriated to aid said institution in the completion
of the said building. The sheriff of said county to pay the
same over when collected, to the treasurer of said institu-
tion.
§ 11. This act to be in force from and after its passage.
Approved February 25, 1867.
In force Febru- AN ACT to incorporate the Evanston Academy,
ary 28, 1867. ^ ■'
Section 1. Be it enacted by the Peojple of the State of
Illinois, represented in the General Assembly, That John
Evans, Charles II. Fowler, Henry Bannister, A. E. Bishop,
E. Ilaskin, Thomas C. Iloag, H. B. Ilurd, O. Huse, J. F.
Willard, O. Marcy and L. Kistler, and their successors, be
and they are hereby constituted a body corporate, under
Name and stylo j-j^q x\r^YaQ and Style of "The Evanston Academy," to remain
and have perpetual succession, with power to sue and be
Powers. sued, to plcad and be inspleaded ; to acquire, take, hold and
use in trust and otherwise, and convey property, real, per-
sonal and mixed, in all lawful ways, for the promotion of
the objects of this incorporation ; to have and use a com-
mon seal, and [falter the same at pleasure ; to make and
ACADEMIES, COLLEGES, ETC. I7
alter, from time to time, such by-laws as they may deem By-iaw3.
necessary for the government of said institution, its ufhcers
and students: Provided, axuAi by-laws be not inconsistent
with the laws of this state or of the United States of
America.
§ 2. The president of the board of trustees of the North Board of tms-
Western University, and the president of tlie faculty of said ^^^^'
university, shall be, ex officio, members of the board created
by this act. Of the other persons named in the tirst section,
tliree shall hold ofKce for one year, three for two years, and
three for three years, in an order to be determined by lot,
and their successors shall be elected by the board, and
■fihall hold office for three years ; and a majority of said
board shall, at all times, be members of the Methodist Epis-
copal church.
§ 3. Said institution shall be and remain located in the Location.
village of Evanston, in the county of Cook, and no cemetery
or place for the burial of the dead shall be laid out or estab-
lished within one mile of the site of the academy herein
provided for: Provided, this act shall not prevent inter- proviso,
ments in any family or other burying ground now in use
within said limits.
§ 4. The property of said institution not to exceed fifty property ex-
thousand dollars, shall be forever free from taxation. atTon''^^°'"*^^'
§ 5. This act shall be a public act, and in force from and
after its passage.
Approved February 28, 1867.
AN ACT to amend an act entitled "An act to incorporate the North Illi- in force April
nois University." 28,1867.
Section 1, Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the first Act approved
section of the act entitled "An act to incorporate the JS'orth fssMme^udeS.'
Illinois University," approved February 15, 1855, be
amended by striking out the words "]S[orth Illinois Univer-
sity," and inserting in their place and stead the words
"Marshall College."
Approved February 28, 1867.
^m Vol. 1—2
;[8 ACADEMIES, COLLEGES, ETC.
In force March AN ACT to incorporate the McDonough Normal and Scientific College.
1, 1867.
Section 1. Be it enacted by the Peojple of the State of
Illinois^ represented in the General Assembly, That Frederick
Corporators. Qruser, Solomon Kious, Amaziah Hanson, James Manley,
D. R. Hamilton, Alexander Blackburn, Beverley R. West-
fall, Jonathan H. Baker, Crosby F. Wheat, Joseph 0.
Thompson, Charles Chandler, Daniel Branch and William
E. Withrow and their successors, be and they are hereby
created a body politic and corporate, to be styled and known
by the name of the " Trustees of the McDonough iN'ormal
style and name c^^^ Scientific College,^' and by that style and name to have
Powers. perpetual succession, with power to contract with, sue and
be sued, plead and be impleaded, to acquire, hold, use and
convey property, real, personal and n.ixed, to use a common
seal, and the same to alter and change at pleasure ; to make
and alter by-laws for the government of the same.
§ 2. The number of trustees shall never exceed twenty,
exclusive^of the president, who shall, ex- officio, be a member
of the board. Five of the trustees shall constitute a quo-
rum to transact business. The above named incorporators
shall constitute the board of trustees until others are elected
by the stockholders, at such time and place as may be fixed
by the board of trustees, and shall have power to fill all
vacancies in the board occasioned by death or otherwise.
Officers. §3. The oflicers of the board shall consist of a president,
secretary and treasurer. The treasurer or any other officer,
may be required to give bond and security for the faithful
discharge of the duties required of them, by the board.
The president shall not vote except in the case of a tie,
when he shall give the casting vote. The appointment of
said president, secretary and treasurer, shall be by the
trustees-
Time and place § 4. The trustees shall hold their first meeting at the
of meetmg. ^-^.^ ^^^ Macomb, withiu four months from the passage of
this act, they shall have the power to lease or erect the
necessary buildings, to appoint a president, professor and
teachers, any other agents and officers, to confer degrees
in the liberal arts and sciences, and grant diplomas therefor;
to prescribe and regulate the course of studies, to purchase
books, chemical and philosophical, and other suitable means
of instruction.
stDck. § 5. The stock of said corporation shall consist of shares
of 'fifty dollars each, to be subscribed for in the manner
that the trustees shall direct, and which shall be deemed
personal property, and shall be transferable on the books
of said corporation in such manner as the board of trustees
may prescribe, and each stockholder so constituted shall
be entitled to a vote for each and every share upon all
business conferred upon them by the corporation.
ACADEMIES, COLLEGES, ETC. 19
§ 6. The lands, lots, buildings, library, chemical, philo- ^^'"Pft^'fy^^'^
sophical or other apparatus, belonging to said corporation, taxation.
and used for school purposes, not exceeding in value the
sum of twenty thousand dollars, is, and the same shall be
forever exempt from taxation for state, county or corporate
purposes ; and also exempt from execution for other than
debts or demands against said corporation in its corporate
capacity and liabilities.
§ 7, The college shall be permanently located within the Location.
city of Macomb, McDonough county, Illinois, on such
ground as the trustees may deem best. The president with
?he concurrence of two of the trustees or any three of the
trustees, shall have power to call a special meeting of the
board. Said institution shall be entitled to a suit of the
specimens which have been or may be collected under the "Specimens"
fourth section of an act for a geological and mineralogical
survey of the state, approved February 17th, 1851, and the
several amendments thereto,
§ 8. This act shall take effect and be in force from ^n(\
after its passage.
Appkoved March 1, 1867.
AN ACT to amend the act, entitled "An act to incorporate the Fowler in force Feb.
Female Institute, approved February 10, 1857. 28,1867
Section 1. Be it enacted hy the People of the State of
Illinois^ re])resented in the General Assembly, That the name Name changed.
of Fowler Female Institute, in the town of ISTewark, in
Kendall county, be and the same is hereby changed to
Fowler Institute, and all the lands, property, privileges,
powers, rights and franchises of said Fowler Female Insti-
tute, and all the propert}^, lands, rights, powers and fran- ^^^.^^l ^^^'^^'
chises of the trustees of Fowler Female Institute, are hereby
transferred to the trustees of Fowler Institute.
§ 2. Any persons who have already donated money or stockholders
other property, to the trustees of Fowler Institute, for ^^^^ stock.
educational purposes, or any persons who shall hereafter
donate money or property to the same, shall be considered
stockholders of said Institute and shall be entitled to a
certificate of one share of stock, for every fifty dollars thus
given, each share of stock shall be entitled to one vote in
all elections. A meeting of stockholders shall be held in Meetings of
the building of said Institute, on the Thursday next sue- «'°°^hoiders.
ceeding the third Monday in the month of June of each
year, for the purpose of electing trustees of said Institute.
The voting shall begin at eleven o'clock a. m., and any
20 ACADEMIES, COLLEGES, ETC.
person who receives a majority of all the votes cast, either
in person or by proxy in vt^riting, shall be and is hereby
declared a trustee.
Tmsiees and g 3, The number of trustees of Fowler Institute shall
duties of j_^^ seven, including the principal of the school, who shall
be, ex-officio, a trustee. Two trustees shall be elected at each
annuarmeetina; of the stockholders, to serve each three years,
and until their su'ccessors are elected; except that at the
annual meeting of stockholders in June, 1SG7, there shall
be five trustees elected as follows : one for one year, two
for two years, and two for three years, and until their suc-
cessors shall be elected. Brownell Wing holding over at
present is hereby continued in office, until the annual meeting
in 1868. The trustees shall make a report at each annual
meeting of the stockholders, of all their acts for the school
year closing, both in regard to the property entrusted to
their care, and in regard to the progress and welfare of the
school.
iniawfui acts. § 4. To enable the trustees to fulfill the trusts committed
to their care by this act, and the act to which this is an
amendment, arid to secure the ends of this incorporation,
it is hereby declared unlawful for any person to entice any stu-
dent of the said Institute into the practice of gambling, or to
furnish to any student any device or instrument for gaming, or
any intoxicating liquors, and any billiard room, bowling alley,
race course or other device or instrument for gaming, or any
brothel or house of ill-fame, or place where ale, beer or any
intoxicating liquors are sold or furnished, except for medi-
cinal or mechanical purposes, within one mile and one-half of
the site of said Institute, is hereby declared a nuisance, and
, subject to abatement as such.
construeiion of § 5. This act shall be taken and held to be a public
^^^- act, and shall be liberally construed for carrying into effect
the powers therein conferred in all courts and places, and
shall be in force from and after its passage.
Appkoved February 28, 1867.
In force March AN ACT to incorporate the United Presbyterian Theological Seniinarv
5, 1S67. of the Northwest.
Preamble. Whereas, it is represented to the general assembly of
the state of Illinois that the synod of Illinois of the United
Presbyterian church of North America (which has since been
divided into two synods, now known as the synod of Illi-
nois, and the synod of Iowa,) did, in the month of August,
A. D. 1859, adopt an instrument entitled the "Constitution
of the United Presbyterian Theological Seminary, at Mon-
ACiDEMUES, COLLEGES, ETC.
mouth, Illinois," and have now a seminary for the profes-
sional education of candidates for the christian mmistrj,
established and in operation, under the said constitution ;
and whereas, it is represented that, in order to the more
convenient custody, management and disposal of the funds
and other property now possessed, and which shall hereafter
be possessed for the use of the said seminary, by the synods
aforesaid, and other synods which shall become united with
them in the direction and control of the said seminary,
in conformity to the said constitution, it is necessary that
there be constituted a board of trustees, which shall bea cor-
poration, or body corporate and politic, in law and in fact ;
therefore.
Section 1. Be it enacted hy the People of the State c/ Name aud style
Illinois^ represented in the General Assembly^ That D. G,
Bradford, J A. P. McGraw and David A. Wallace, who at
present constitute the board of trustees aforesaid, in said
office, and their successors, duly elected and appointed in
the manner hereinafter provided, be and they are hereby
constituted and declared a corporation, or body corporate
and politic, in law and in fact, and to have continuance and
perpetual succession, by the name and style of " The Trus-
tees of the United Presbyterian Theological Seminary of the
Northwest."
§ 2. That the said corporation shall be composed of not Trustees
more than nine, or less than three trustees ; of whom not
less than two-thirds shall be citizens of the state of Illinois ;
and the board of directors of the seminary established
under the said constitution shall have power at any meet- Power of.
ing, held in the state of Illinois, to change one-third of the
whole number of trustees in such manner as to the said
board of directors shall seem proper, and to iill all vacan-
cies which may then exist in the board of trustees ; and
of every trustee so appointed, the proper credentials shall
be a written certificate of his appointment by the board of
directors, authenticated by the names of its president and
secretary.
§ 3. That two-thirds of the members of the said cor- Quorum.
poration being met for the first time, in conformity to this
act, or afterwards, in the manner hereinafter provided, shall
be a quorum competent to transact its business.
§ 4. That the said corporation shall have power to Rules and by-
make all rules and by-laws which may be necessary and
proper for the transaction of its business ; it shall have
power according to its own rules, and as shall seem to it
proper : to appoint a president, a vice president and a secre- officers.
tary out of its own members, and other officers or agents at
its discretion, the times and tenures of their offices respect-
ively, the duties belonging to each, and the pecuniary
compensation which they shall receive.
22 ACADEMIES, COLLEGES, ETC.
Time and place §5 That the first meeting of the Said Corporation shall
of meetings, -j^^ j^^j^ -^ ^^^ ^j^^ ^^- Monmouth at such time as any two
of the trustees named in this act, being assembled together,
shall appoint ; afterwards it shall meet at such times and
places as it shall appoint, and the president, or in case of
his absence or inability, or refusal or neglect to act, the vice
president, or if he fail, the secretary shall have power,
and when requested by any two trustees, it shall be his
duty to convene the corporation ; of the time and place of
which special meeting the officer calling it shall give to
each trustee due notice, either by himself, orally, or by
some other person, or by a written note, left at the dwel-
ling or the usual place of business of such trustee, or sent to
him by mail a sufficient time before such meeting.
Decision of § 6. That all questions before the said corporation shall
questions. ^g decided by a majority of the members present at the
time ; and on every such question each member shall have
one vote, except the president or other person when acting
as president, who shall have only the casting vote, in case
the votes of the other members shall be equally divided.
Seal. § T. That the said corporation shall have power to make,
have and use one common seal, with such device and in-
scription as it shall appoint, and the same to break, change
or renew at its discretion.
Treasurer and § 8. That the Said Corporation shall have power to ap-
his duties. point a treasurer, who shall hold his office during the pleas-
ure of the corporation, whose duty it shall be, under the
direction of the corporation, to keep all books of account,
to have the custody of all such books of account, securities
of every kind, and other papers and documents relating to
the finances, and of all funds, moneys and other property,
real and personal, except tlie buildings and grounds con-
nected therewith, occupied by the seminary, the library and
furniture of which, subject to the disposal of the corpora-
tion, the faculty shall have the custody and control ; and to
present to the corporation annually, and oftener whenever
required, a clear, full and true report of the transactions of
the current year, or any part thereof, and of the whole state of
finances. He shall be the keeper of the seal, and shall have
the sole right to use it for the authentication of such in-
struments as the corporation shall direct him thus to authen-
ticate ; and shall execute to the corporation, whenever re-
quired, a bond or bonds, in such penal sum or siuds, and
with such securities as the corporation shall prescribe, for
the I'aithful execution of his office ; and of all such bonds
and securities the president of the corporation shall have
the custody.
,,.,,, 5 9. That the said corporation, by the name and style
Suits atlaw. a • i i n i i i ' i , i' • i - j i
aforesaid, shall be capable and able in law to sue and t^e
sued, plead and be impleaded, in any court or courts of law
or of equity, before any judge or judges, in all and all
ers and func-
tions.
ACADEMIES, COLLEGES, ETC. 23
manner of suits, complaints, pleas, causes, matters and
demands of whatsoever kind and form they may be ; and
all things therein or in anywise relating to do in as full and
effectual a manner as any person or persons, or any body
politic and corporate within the state may or can do.
§ 10. That the said corporation is hereby expressly Prohibited pow
prohibited from exercising in virtue of any power derived "
from this act, any authority or control in any way whatever
in respect to the doctrine or doctrines taught, the course of
instruction and study, or the government and discipline in
the said seminary, or to the appointment of professors or
other instructors in the said seminary ; the tenure of their
offices, or the execution thereof, or to the pecuniary com-
pensation which any such professor shall receive, or the
time or manner of its payment, all of which matters and
things shall remain under the exclusive power and direc-
tion of the synods aforesaid, and such other synods as shall
become united with them therein in conformity to the pro-
visions of the constitution of the said seminary as the same
now exists, or as it may hereafter exist by amendments
provided for by the said constitution, and of the board of
directors of the said seminary, and so far as it respects the
execution of their own offices to the professors of the said
seminary, the said directors being in all things appertaining
to their own offices subject to the control of said synods
and the professors amenable to the board of directors in
conformity to the said constitution.
§ 11. That the said corporation, by the name and style ^r°ea?lstet° an'd
aforesaid, shall be capable in law and have full power to property, etc.
take, receive and hold all and all manner of lands, tene-
ments, moneys, stocks, rents, annuities, reversions, franchi-
ses, legacies, hereditaments, and other property, real or
personal, whatsoever, which have at any time or times
heretofore been granted, sold, bargained, released, devised
or otherwise conveyed to any other body politic and corpo-
rate, or any other person or persons whatever, for the use
of the said seminary, or in trust for the same ; and the said
lands, tenements, moneys, stocks, rents, annuities, rever-
sions, franchises, legacies, hereditaments, and other pro-
perty, real and personal, are hereby vested and established
in the said corporation forever, according to the use and
interest for which such gifts, grants, devises, releases, or
other conveyances respectively, were originally made, and
the said corporation is hereby declared to be seized and
possessed of such estate or estates therein, as in and
by their respective grants, sales, bargains, enfeoffments,
gifts, devises and other conveyances thereof are declared
limited and expressed; that further the said corporation,
and their successors shall be capable in law and shall
have full power to take, receive, hold and enjoy, in fee
simple, or of lesser estate or estates in trust for the use of
24: ACADEMIES, COLLEGES, ETC.
the said seminary, all lands, tenements, moneys, stocks, rents,
annuities, franchises, legacies, hereditaments, and other
property, real and personal whatsoever by sale, bargain,
grant, enfeoffment, release, gift, devise or other conveyance
of any body politic and corporate, or of any person or per-
sons capable to make the same, and that no misnomer of
the said corporation and their successors shall annul, defeat
or in anywise impair any gift, devise or grant of any kind
to the said corporation, or to any other person or persons, or
any other body politic and corporate for the said corpora-
Proviso, tion : Provided, tliat the interest of party or parties shall
sufficiently appear upon the face of the gift, grant, will, or
other writing, whereby it was intended that any estate or
interest should pass to such corporation or to any other
body politic and corporate for the use of the said seminary.
Exemption § 12. The tract of land on which the buildings of the
from taxation, g^-^j seminary may now or hereafter be erected, together
with all the furniture, books, apparatus, and all property,
real and personal, moneys, effects, notes, bonds, bills and
evidences of indebtedness, belonging to the said seminary,
shall be and are hereby exempt from all taxes to the amount
of one hundred thousand dollars.
Investments of § 13. That the Said corporation and its successors shall
funds. have power to invest and loan all moneys and funds, and
buy, bargain, sale, lease, or otherwise to manage, sell and
'^sitton"'^of'^^an dispose of any and all lands, tenements, stocks, rents,
property and annuities, franchises, legacies, bequests and estates of any
kind of which they shall be legally seized and possessed
for the sole use of the said seminary in the promotion of
the objects for which it is established and in conformity to
the provisions of this act that the said corporation shall
have power and it shall be its duty out of any estate, funds
and property in its possession, custody, management and
control, and not otherwise appropriated and limited to pro-
Proyisions for vidc by purchase or otherwise, grounds, buildings, libraries,
desfftifnlturt fnrniture and other accommodation for the use of the said
^^°- seminary, and in like manner to provide an income for the
Payment of saia- payment of all such salaries and compensations of professors,
nes,etc. instructors and other officers and agents of the said semi-
nary as shall be allowed and appointed by the board of
directors of said seminary, and for the payment of the
salaries and compensations allowed and appointed by the
said corporation to its own officers, agents or other persons,
and for defraying all the necessary and proper expenses for
the transaction of its business.
Special instruc- § 14. That in all cases in which special instruction shall
*'°''^' be given by the board of directors of the said seminary, in
writing, authenticated by the names of its president and
secretary, in respect to the custody, investment, manage-
ment or disposal of any lands, tenements, stocks, moneys,
gifts, legacies, hereditaments, property, real and personal
ACADEMIES, COLLEGES, ETC. 25
estate or estates of any kind of which the said corporation
shall be possessed, it shall be the duty of the said corpora-
tion to a^t in conformity to said instructions: Provided^ Proviso.
that the said instructions shall not be repugnant to the
constitution of the United States, to the constitution and
laws ot this state or to this act.
§ 15, That the said corporation shall keep a journal of Jomnai of pro-
its proceedings, and shall keep regular and fair entries of "'®®'^'°ss-
all its pecuniary transactions, and a true and exact account
of its receipts and disbursements, in a book or books, kept
for that purpose, make to the board of directors of the said
seminary a clear, full and true report of the transactions of
the current year, or any part thereof, and of the whole
state of the finances, and shall, whenever requireu, submit
its journal and all books of account, securities, and other
papers and documents relating to the business of the corpo-
ration, to the examination of the board of directors of the
said seminary, or of any person or persons appointed by
the said board to make such examination.
§ 16. That the said corporation shall have power to possess proper-
take, receive, hold, possess and enjoy, for the use of the *^' ®*°'
said seminary, lands, messuages, tenements, stocks, rents,
annuities, grants, gifts, hereditaments and other estate, real
and personal.
§ 17. This act shall be deemed and taken to be a public
act, and shall be of force from and after the date of its pas-
;ge.
Approved March 5, 1867.
AN ACT to incorporate the Kankakee Male and Female Seminary. in force March
4, 1S67.
Section 1. Be it enacted ty ike People of the State of
Illinois, rejriresented in the Oeneral AssemUy, That David corporators.
F. Ilicks, John Dale, Julius Taylor, John Stiles, D. S. Par-
ker, Emery Cobb, B. F. Livingston, and their successors in
office, are hereby constituted a body corporate and politic,
by the name and style of "Kankakee Male and Female Name and style.
Seminary," and by that name to remain in perpetual suc-
cession, with power to contract and be contracted with ; sue
and be sued ; to hold all kinds of property, real, personal and
mixed, acquired by gift, purchase, grant or otherwise, and
to dispose of, convey, or encumber the same; to have and
use a common seal, and alter the same at pleasure ; to make
and alter such by-laws as they may deem necessary for the
government of said corporation, its officers and employees,
not inconsistent with the constitution and laws of this
state.
26 ACADEMIES, COLLEGES, ETC.
Objects. § 2. The objects of this incorporation is to build up and
maintain at the city of Kankakee, in the county of Kanka-
kee, an institution of learning, to encourage the arts and
sciences, and promote educational interests and general
improvement.
^powt!^*'"*and § 3- '^^^ persons named in the first section, and their
duties. successors, shall be the trustees of said institution; shall
have power to erect or provide suitable buildings, appoint
the necessary officers, professors and teachers; to confer
degrees and give diplomas, such as are common in similar
institutions.
instHutiontobe g 4^ The Said institution shall be opened to all persons
of such age and qualification, and on such terms as shall be
pretcribed in the by-laws and rules of said incorporation,
and no particular religious faith or profession shall be
required of those applying for admission as students; but
any whose habits are idle or vicious, or whose moral char-
acter is bad, may be suspended or expelled from said insti-
tution.
^noMo^«^'^ § 5, No sectarian principles or denominational creeds
taught. shall designedly be taught in said institution.
Endowment. § 6. The trustces, fur the purpose of endowing said
institution, may cause to be opened books of subscription
to the capital stock of said incorporation, issue and dispose
of scholarships, on such terms and conditions as may be
agreed upon between them and the person or persons
receiving the same,
'^eiectld'' *° ^^ § ^' "^^^^^^ ^^^^^^ b^ elected annually, by the acting trus-
tees and stockholders a board of trustees, which shall con-
sist of not less than five nor more than nine, who shall hold
their office until their successors are elected, and at all elec-
tions and meetings of said incorporation, whether to appoint
trustees, professors, teachers or employees, and in all acts
pertaining to said institution, each stockholder shall be
entitled to one vote for each share ($100) of stock he or
she may own: Provided, that no stockholder shall cast
more than twenty vote?, each trustee, by virtue of his office,
shall be entitled to one vote. The time and place for hold-
ing said elections and meetings shall be determined by the
First election, trustccs. The first election for trustees shall be on the first
Saturday in April, 1867, and until such election the afore-
named persons shall be the trustees and perform the duties
of the same. In case of death or resignation, the stock-
holders may fill such vacancies. The trustees or a majority
of them, provided a majority of the stock is represented,
shall have power to meet at such other times as they may
deem expedient to further the interests of the institution.
Property free ^ 8. All property, of whatever kind or description,
from taxation. , , . , ' "^ ■'i , . , , . i i i • ^ .
belongnig to or owned by said corporation, or held in trust
by any persons or person, whether it be held in fee or a
limited duration, shall be free from taxation, for any and
ACADEMIES, COLLEGES, ETC. 27
all purposes whatever, so long as it is held, used or intended
for school purposes, the amount so exempt not to exceed
twenty thousand dollars.
§ 9. This act shall be deemed a public act, and shall be
in force from and after its passage.
Appeoved March 4, 1867.
AN ACT to amend an act entitled "An act to incorporate the Urbana and ^i force March
Champaign Institute," approved February 21st, 1861. ^1S6(.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assew.hly, That section
ten (10} of the said act exempting all the property of the
corporation in caid act mentioned, both real and personal,
from taxation, be and is hereby repealed.
§ 2. This act to take effect from and after its passage.
Approved March 5, 1867.
AN ACT to incorporate the Lincoln institute. In force March
6, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assemhly, That Edwin corporators.
C. Larned, Joseph T, liyerson, Edward L. Tinkham, E.
W. Blatchford, Edwin H. Sheldon, H. W. King, George L.
Dunlap, William B. Ogden, Ezra B. McCagg, Tarleton
Jones, John M. Douglas, Perry H. Smith, Julian S. Eam-
sey, George Sturgis, Gilbert Hubbard, Charles Hammond,
Corydon Beckwith, James Dole, J. B. Calhoun, W. H.
Bradley, William R. Larrabee, J. Y. C. LeMoyne, F. B.
Peabody, Walter L. Newberry, Leander McCormick, Sam-
uel Shackford, A. C. Hessing, J. L. Stark, M. D. Ogden,
I. K Arnold, Ebenezer Buckingham, J. J. Sands, F. H.
Kales, D. Goodwin, jr., Mark Skinner, J. M. W. Jones,
Dr. J. N. Isham, Dr. J. W. Freer, John S. Beed, Samuel
Nickerson, W. D. Houghteling, Nicholas D. Clapp, T. M.
Jones, Charles G. Hobart, F. W. Pratt, Robert Haile,
J. P. Clarkson, George Taylor, Henry W. Towner, John
Borden, R. Meadowcroft, Joseph Stockton, John Wood-
bridge, Erastus L. Williams, H. F. Waite, George F. Bailey,
Nathan Mears, Eli Bates, W. G. Lewis, Shelton Sturgis,
W. R. Nixon, Thomas Phillipps, Theodore F. Phillips, H.
Fox, A. E. Goodrich, A. C. Coventry, F. A. Eastman,
George Schneider, R. B. Treadway, J. M. Roundtree,
'28 ACADEMIES, COLLEGES, ETC.
J. N. Jewett, V. C. Turner, W. M. Tiirmau, or such of
them as shall become stockholders under the provisions of
this act, and their associates and successors be, and they
are hereby created a body politic and corporate, under tlie
Name aud style, name of "The Lincoln Institute," and by that name they
and their successors shall have perpetual succession, with
power to sue aud be sued, to have and use a common seal,
and to acquire, hold, sell and transfer both real and per-
sonal property by any and all the usual modes as individ-
uals may and can do.
Institution to § 2. The Said corporation is hereby authorized to estab-
be established, jj^j^ ^^^ institution for the education of girls in the "North
Division of the city of Chicago," and shall have and exer-
cise all such corporate powers as are essential or useful in
the attainment of said object, and as are usually conferred
on similar bodies corporate.
Capital stock. § 3. The Capital stock of said corporation shall be sixty
thousand dollars, but may be increased by the vote of the
stockholders to an amount not exceeding one hundred and
twenty thousand dollars, and shall be divided into shares of
three hundred dollars each, which shall be personal prop-
erty and transferable in such manner as the by-laws of the
corporation shall prescribe. Each holder of a share of stock
shall have the right to have a pupil educated in said insti-
tute by the payment of the prescribed amount for tuition
and complying with the rules and conditions established by
the board of trus!:ees.
Board of trus- § 4. The Corporation hereby created shall be under the
*®®^" direction of a board of trustees, to be composed of such
number as the stockholders may from time to time deter-
mine, and until otherw^ise ordered the number of such trus-
tees shall be seven. Such trustees shall be stockholders
and shall be elected by the stockholders at such time and in
such manner as the by-laws of said corporation shall pro-
vide, and shall hold their offices for two years and until their
successors are elected.
First board of § 5. Joseph T. Eyerson, Edwin C. Earned, Edward L
''""'"''■ Tinkham, E. W. Blatchford, Edwin H. Shelden, H. W.
King and George L. Dunlap, shall constitute the first board
of trustees under this act, and shall hold their offices until
their successors are elected in manner herein provided.
Quorum of trus- § G. The boai'd of trustees of said corporation, a ma-
jority of which shall constitute a quorum, shall have and
exercise, unless otherwise ordered by the stockholders, all
the powers hereby conferred on said corporation, and may
elect such officers and appoint such agents and make such
by-laws, rules and regulations not inconsistent with the
laws of this state for carrying into effect the objects of this
act, as to them shall seem expedient. They shall also have
vacancies-h po^er to till any vacancy that may occur in said board by
filled. death, resignation, removal or otherwise, and shall make
ACADEMIES, COLLEGES, ETC. 29
the needful provisions for the next biennial election of their
successors. It shall be competent for said board to author-
ize the admission of hojs into the primary department of
said institute, subject to snch regulations as to ai,^e and
otherwise as they may deem expedient.
§ 7. The said board shall have power, with the approval ^^'imDr'Tn^m
of a majority of the stockholders, to change the name of
the corporation and to entitle the same with the name of
any individual who, by reason of the amount of stock in
said corporation subscribed by him, or by donations or ser-
vices in behalf of said institution, shall be deemed deserv-
ing of such honor.
§ 8. It shall be the duty of the board of trustees to Trustees to pur-
purchase a suitable lot and to cause a suitable and tasteful erecTbuiidfn'g.
school building to be erected thereon for the purposes of
the institute which shall be of the best construction and
arrangement and furnished in a complete and tasteful style,
and with all needful and appropriate school furniture, fix-
tures and apparatus. To organize or provide for compe-
tent instructors in all the various departments of instruction
needful or desirable to secure to the pupils a thorough and
complete education. The purpose and aim of said board
shall be to provide and maintain a first class institution in
every respect for the education of girls, and they have all
the power and authority needful to carry such object into
full effect.
§ 9. The persons named as the first board of trustees Subscription
shall open subscriptions for stock in said corporation, and opeued.°
may organize and proceed to carry out the objects of this
act so soon as a sufficient amount of stock shall, in their
judgment, have been subscribed for such pur[)Ose.
§ 10. This act shall be deemed a public act, and shall
be in force from and after its passage.
Appkoyed March 6, 1867.
AN ACT to incorporate " Southern Illinois college." In force March
7, 18(5T.
Section 1. Be it enacted hy the People of the State of
Illinois^ rejpresented in \the] General Assembly, That Silas corporator.?.
L. Bryan, C. J. Houts, T. F. Houts, H. F. Hamlin, R. H.
JVIassey, Daniel Hain, Joseph Mosser, J. S. Lydick, Wm.
H. Carrington, Isaac Forraan, Garrett Crownover, C. S.
Kellogg, Wm. Stoker, James C. Finley, John Gunn, J. C.
Wilson, J. A. Davenport, S. G. Hicks, N. E. Adams, J. I.
Richardson, J. B. Carrington, T. A. Eaton, G. W. Hughy,
John Leeper, John Thatcher, J. W. Lowe, S. E. Willi ng,
E. D. Lingenfelter, J. S. Morrison, J. H. Lockwood, E. Joy,
30
ACADEMIES, COLLEGES, ETC.
Object.
Trustees-
duties of.
A. B. Morrison, Joseph Harris, Hiram Sears, Urial Mills,
David Adams, J. D. Gilliam, T. N. Johnson, N. W. Ab-
bott, J. W. Primmer, A. Bliss and T. B. Yandeveer, and
their successors and assigns, be and are hereby created a
body corporate and politic by the name and style of
Name and style " Southcm Illinois College," and by such name to have
perpetual succession and existence, with power to sue and
Powers of cor- be sued, to plead and be impleaded, to take, have, hold
poration. ,^^^^ ^^^^ property, persona], real and mixed by any mode of
conveyance or transfer, and to lease, mortgage or sell and
convey the same, as a natural person ; to make, have and
use a common seal, and to change or alter the same at
pleasure; to make and alter by-laws for the government of
the corporation, its officers, agents and servants ; Provided,
such by-laws be not inconsistent with the constitution and
laws ot the United States or of this state.
§ 2. The objects of the corporation shall be to establish
at Salem, Marion county, Illinois, maintain, support and
govern a college for general education, and all property and
money acquired, shall be held and used solely for that
purpose and not as a joint stock company for individual
benefit.
§ 3. The trustees of said corporation shall have author-
ity to establish departments and professorships in said
institution, prescribe and regulate the course of studies, to
fix the rate of tuition and other expenses; to elect a presi-
dent and professors, and all such other officers and agents
as may be neceesary in managing the affairs of the institu-
tion, to define their duties, fix their compensation and to
displace or remove them ; to purchase or erect necessary
buildings, to purchase books, chemical and philosophical
apparatus, to make rules for the government of the insti-
tution.
§ 4. The trustees shall faithfully appl.y all funds col-
lected by them, as in their judgment will best promote
sound learning: Provided, that in case any donation,
devise or bequest shall be made for particular purposes in
accordance with the objects of the institution, and the trus-
tees shall accept the same, and every such donation, devise
or bequest shall be applied in conformity with the expressed
condition of the donor or devisor,
§ 5. The board of trustees shall be composed of forty-
two members, one-half of whom shall be members of the
southern Illinois conference of the Methodist Episcopal
church, or should the said conference be divided, they shall
be members of the conferences, into which said conference
may be divided, and the other half shall live within the
bounds of said conference, the president of the college
shall be, ex officio, member.
§ 6. The persons named in the first section shall consti-
tute the first board of trustees, and shall be organized within
Trustees t»
faithfully ap-
ply funds.
Trustees-
number of
First bonrd of
trustees.
ACADEMIES, COLLEGES, ETC. 31
six months after the passage of this act. Immediately after
such organization, they shall be divided into seven classes,
one-half each class shall be ministers, as provided for in the
lifth section of this act, and the term of service arranged by
lot or otherwise, so that one class shall go out of office each
successive year.
§ T. The trustees shall have power to declare vacant vacancies,
the seat of any person who shall be absent during two regu-
lar consecutive meetings ol the board.
§ 8. The college buildings and boarding house and the '^jnig^^etc'^^not
lot of land on which they are situated, including not more liable for" cer-
than ten acres, together with the furniture, cabinet, cliemi- '^"^ '^®^'®'
cal and philosophical apparatus, shall not be liable to, nor
holden for the debts contracted by the trustees ; and it is
hereby declared that the trustees shall have no power to
sell, convey or mortgage the same, or to create or permit
the existence of any liability, on account of which the same
may be subject to sale under any decree, judgment or pro-
cess of any kind, but the same shall remain forever free
and exempt from sale, for or on account of any indebted-
ness or liability created by the trustees or permitted by
them, to accrue or exist against the corporation, anything in .
this act to the contrary notwithstanding,
§ 9. The board at each annual session shall proceed to vacancies-how
nominate by ballot, to fill the vacancies which may have
occurred by death, resignation, removal, expiration of term
of service or otherwise. A list of the names receiving the
highest number of votes, provided the said persons are qual-
, ified in accordance with the fifth section of this act, shall be
forwarded to the next session of the annual conference
Methodist Episcopal church, by the secretary, countersigned
by the president, and on the ratification of said nominations
by said conference, they shall become members of the
board.
§ 10. The failure to meet in annual session shall not Forfeiture of
work a forfeiture of this charfer, provided such failures
shall not be tor more than five consecutive years.
§ 11. On forfeiture of charter by provision of foregoing
section, the court of chancery of Marion county shall, on
application of any donor or legal representative of any
donor, grant a decree to sell said property, the proceeds
of such sale to be divided among the donors or their legal
representatives ^ro rata.
% 12. The trustees shall hold one annual meeting, with Annual meeting
such other special meetings as the board may deem neces-
sary. Any number present, after due notice has been given,
shall constitute a quorum to transact ordinary business. A
majority of the whole number must concur in the appoint-
ment, removal or dismissal of the president or any one of the
professors. The trustees shall also have power, a majority
of the whole number concurring, to appoint a committee mftue!^^ '^""^
commissioners
32 ACADEMIES, COLLEGES, ETC.
not to exceed five, of whicli number the president fchall be
one, to be stjled the executive committee, M'ith power to
attend to and execute all the appropriate duties of the board
during intervals between the regular meetings. The
said committee shall have power to fill vacancies which
may occur in the faculty, but shall have no power to create
vacancies by the removal of the president or any of the
professors or trustees, except for immoral conduct.
Trustees may § 13. The trustccs shall havc power, on recommendation
confer degrees ^^ ^^^^ faculty, to coufer ou studcuts such degrees in the
sciences and liberal arts as in their judgment they may be
entitled to.
How depart- § 14. There shall be no departments established or pro-
Strbfish'J'J, ''^ fessorships created, except on concurrence of a majority of
^^^- the whole number.
Endowment g 15. At cacli annual meeting the board shall elect one
from their number, who shall in connection with the presi-
dent of the institution, and treasurer of the board, constitute
the endowment commissioners of said college. Before en-
tering on the duties of their office, they shall give bonds to
be approved by the president and auditor of the board, in
a sum double the amount which may be in their hands or
under their control, and also for the faithful performancewof
the duties imposed upon them by the board of trustees.
All moneys and other property, personal, real or mixed,
which may be given from time to time to the endowment
fund of the said institution, shall be under their exclusive
control : Provided, in no case shall they sell real estate
without the concurrence of the board of trustees.
§ 16. The act entitled an act to incorporate Southern
Illinois Female College, approved February 18, 1855, is
hereby repealed.
§ 17. This act is hereby declared a public act, and shall
be admitted as evidence in all proceedings, judicial or oth-
erwise, without being specially pleaded, and shall take
effect on its passage.
Approved March 7, 1867.
In force March AN ACT to incorporate Southern Illinois College in Carbondalo, Jaelcson
S' 18^^' county.
Section 1. Be it enacted Inj iJie People of ,the State of
Corporators. IlUnois, represented in the General Assembly, That William
Schwartz, Silas W. Leonard, Lysias Heap, J3. F. Pope,
Barnet A. Howard, H. D. Bantaw, John Hall, John Ford,
John Goodall, John Lindsay, Stephen Blair, Daniel Gil-
bert and S. R. Hay, and their successors, be and are hereby
ACADEMIES, COLLEGES, ETC. 66
created a body corporate and politic, to be styled "The
President and Trustees of Southern Illinois Collci^e," and
by that name to remain and have perpetual succession, with Name and style
full power to sue and be sued, i)lead and be impleaded, ^owere.
defend and be defended against, both at law and equity, in
anj and all courts in this state, having jurisdiction of the
subject matter thereof; to contract and be contracted with,
to purchase, acquire and hold, sell and convey property,
both real and personal ; to have and use a common seal, to
alter, amend or renew the same at their pleasure ; to make,
alter and amend, at their pleasure, a constitution and by-
laws for the management and government of said institution,
and finally to do whatever may be necessary to carry out
fully the object of this act of incorporation.
§ 2. That the said college shall be located in or near the Lopation of
town of Carbondale, county of Jackson, state of Illinois, college.
The object shall be to furnish instruction and means of edu-
cation to all who may comply with the by-laws and regu-
lations of the institution, and shall be open equally to all
persons for this purpose: Provided, hoivever^thoX the institu-
tion shall forever remain under the control of the Christian
churches of southern Illinois, or that portion of the state
lying south of the Ohio and Mississippi railroad.
§ 3. The board of trustees shall consist of not more Quorum,
than thirteen persons, and five of the number shall consti-
tute a quorum for the transaction of business, whose duty
it shall be, and who shall have power to form and make a
constitution and by-laws for the good government and
management of said institution, to alter, amend and repeal
the same at pleasure, and do all things necessary to be
done in the premises for the purpose aforesaid.
§ 4. The trustees shall be elected by delegates of the Trustees how
Christian congregations of Southern Illinois, or that portion ^ '^°*® "
of the state lying south of the Ohio and Mississippi rail-
road, assembled in general convention in Carbondale, on
the last Friday in June of each year, or as soon thereafter
as the executive committee can call a special meeting of the
convention, each church being entitled to three delegates and
three votes in said election.
§ 5. The number of members to be elected each year Termof trus-
and their term of otfice shall be determined as follows : On
the last Friday in June, 1867, the board of trustees created
by this act shall meet in Carbondale and proceed to draw
lots for term of oflice, five drawing a lot that shall cause
their term of ofiice to expire immediately, four a lot that
shall cause their term of oflice to expire in one year from
that day, and four a lot that shall cause their term of oflice
to expire in two years from that day. The qualified elec-
tors shall then proceed to elect trustees in the place of those
whose term of oflice has expired, who shall hoM otfice for
a term of three years, and each succeeding year elect suc-
Vol. I.— 3
34 ACADEMIES, COLLEGES, ETC.
ccssors to those whose term of* office has expired: Provided^
removal from the state shall be held and cuiiBidered bj the
said board a resignation, and they may at once proceed to
fill such vacancy till the next last Friday in June, when the
qualilied electoi-s shall elect one who shall till the unexpired
part of the term of office made vacant by such removal.
Officers of col- g 6. The board of trustees shall have power to appoint
p^olnted. ^ *^ an executive committee and such other and additional officers
and agents as may be necessary ; and also such principals,
professors and teachers as the good government and course
of instruction adopted in such institution may require, and
to remove any of them for sufficient reasons. They shall
proscribe the course of studies to be pursued in the college,
and to confer such degrees and rewards of merit as may be
consistent with the object ot the aforesaid institution.
Property ejc- g 7. That the property of whatsoever kind or descrip-
uiation. ^^^ tion it may be, whether real, personal or mixed, already
acquired or hereafter obtained, belonging or ap])ertaining~
to said college, shall be forever free and exempt from all
taxation for all and every purpose whatever, whether state,
county, city or village, corporation, school or road taxes.
^°oTn*t re"iciel«t §' ^' "^^^^ ^'^^^ board aud president of the board of trus-
Sf 'faculty, etc. tccs shall havo power to appoint the president of the faculty
and all teachers or members of the faculty of teachers for
said institution, fix their compensation, define and regulate
their duties and to remove them on sufficient grounds, to
till all vacancies occasioned by such removals or by death,
resignation or otherwise ; to erect or cause to be erected
suitable and necessary buildings, purchase books, chemical
and philosophical apparatus and other means of instruction ;
to raise funds and property for all necessary purposes con-
nected herewith, and to put into operation such rules and
regulations for the management of the students as they may
deem right and proper.
Agents, tew'h- ^ 9, All agcuts, tcachcrs, and the president of the fac-
alui "how'^ ITp- ulty of instruction, shall be appointed by the board of
pointed. trustees at tiieir annual meeting the last Friday in June of
each year, after the new trustees liave been elected, and such
agents, teachers and president shall hold their positions for
one year, unless sooner removed by dismissal for sufficient
reason, death oi- resignation.
Funds to be § 10. The president and trustees of said college shall
pi'iod" ^ ^^ laithfully ap})ly all the funds by them collected or hereafrer
acfpiired, according to their best judgment, in erecting suit-
able buildings, supporting the necessary instructors, officers
and agents, in purchasing useful and necessary books, maps,
charts, globes and chemical and philosophical apparatus, or
promote sound learning in said institution.
Donation.'. §11. Any donation, devise or bequest made for special
purposes, in accoi dance with the object of said institutiont
ACADEMIES, COLLEGES, ETC. 35
if the trustees accept the same, shall be faithfully applied
in accordance with such special purpose.
§ 12. The treasurer and all ai^euts of said college, who Treasurer, etc.,
shall be intrusted with money, funds or other property of ^^'^'^ °°'^'
the institution, shall, when required to do so by the trustees,
give a bond for the faithful discharge of such trust, in such
penalty and with such security as the board shall approve ;
and process against such corporation shall be by summons,
and service of the same shall be made by leaving an attested
copy with the treasurer of said corporation at least twenty
days before the return thereof,
I 13. The president and trustees of said college shall stated meetings
hold one stated meeting each year, the last Friday in June,
and such other special meetings as they may deem necessary,
and at each annual meeting shall elect one of their number
president, one secretary, and another treasurer, who shall
hold office for one year and until their successors are elected
and qualified.
§ 14. The election of William Schwartz, Silas W. Leon- Prior action of
ard, Lysias Heap, B. F. Pope, Barnet A. Howard, H. D. ^oard legalized
Bantau, John Hall, John Ford, John Lindsay, John Good-
all, Stephen Blair, Daniel Gilbert and S. R. Hay, as trustees
of said college, and their election of president, secretai-y and
treasurer, as well as all other prior actions of said board is
and the same is hereby declared to be legal and proper to
all intents and purposes, as fully and in every respect as
though the act of incorporation had been enacted prior to
such election and action, and in accordance with its
provisions.
§ 15. This act shall be deemed a public act, and shall
be in force from and after its passage, and shall be liberally
construed in all courts in this state, for the purpose hei-ein
expressed.
Appkoved March 8, 1867.
AN ACT to incorporate Southern Illinois Christian University. j^ f^^^^ March
8, 1867.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That A W.
Mace, O. A. Battson, Z. D. French, William May, Jacob corporators.
Beaird, L. D. Roderick, William Rictor, Theodore Gharst,
A. J. Stuart, Ebsworth Utterback, Arthur Hecker, Jacob
May, Lucian P. Sanger, John Melrose, A, G. Basden, and
their successors in office, be and are hereby created a
body politic and corporate, by the name and style of
" Suutiiern Illinois Christian University," and by that name Name and style
and style to remain and have perpetual succession, with
all the powers, rights and privileges conferred on the sev-
36 ACADEMIES, COLLEGES, ETC.
Powers confer- eral institutious by sections three (3), five (5), six (6) and
^'"^' , seven (7), of " An act to incorpoi-ate the Mattoon Acad-
emy," approved February 21st, 1859 ; by sections three
(3), four (4), five (5) and six (6), of "An act to incorpo-
rate the Barrington Academy," approved February 16tb,
1865 ; and by sections six (6), seven (T), nine (9) and ten
(10), of "An act to incorporate Lincoln University," ap-
proved February 6th, 1865 ; and the several sections herein
named shall constitute and form a part of this act. The
several persons herein named are hereby appointed trus-
tees of said corporation, and shall hold their otiice for one
year from and after the date this act takes eflect, and until
their successors are elected and qualified.
BuiiditDgs to be § 2. The Said corporation shall erect and establish at
boused /oinuy the town of Claremont, in the county of Richland, a uni-
worship''^'^*^^ versify chapel, to be used jointly for religious worship by
all evangelical denominations in or near said town. Said
corporation shall also erect, purchase or otherwise obtain in
said town suitable buildings, in which shall be opened and
conducted a primary or common school department, and an
academic or university preparatory department, which de-
partments may, by consent of the trustees of the univer-
sity, and a vote of the school district in which they are
located, at a meeting, legally called for the purpose, be
maintained and controlled by the school directors of said
district, in accordance Avith the school law of this state.
The other depaitments of this institution may be located at
any point on or south of the Ohio and Mississippi Railroad.
§ 3. This act shall be deemed and taken to be a public
act, and shall be in force from and after its passage.
Appkoved March 8, 1867.
In force May AN ACT to incorporate Edgar Collegiate Institute, located in Edgar
8, ISC'?- county, Illinois.
Preamble WuERKAS, Samuel Newcll, Andrew M. Yance, John C.
Means, William Blackburn, L. L. Todd and John W.
Blackburn have been, and now are associated together as
trustees of an educational institution, known by the name
of " Edgar Academy," located at Paris, Edgar county,
Illinois, and as trustees, are the owners of certain real and
personal property, belonging to said academy; therefore,
Skotion 1. £e it enacted by the Peo'ple of the State of
Illiiiois^ Te.'preserded in the General Assembly^ That Sani-
corporators. "^1 Newell, Andrew M. Yance, John C. Means, William
Blackburn, L. L. Todd and John W. Blackburn, and their
successors and assigns, be and they are hereby created a
ACADEMIES, COLLEGES, ETC. 37
body politic and corporate, by the name and style of " Tlie
Edoiar Collegiate Institute," and by that name shall have Name and style.
perpetual succession, for the purpose of maintaining said
institution of learning in or adjacent to the town of Paris.
§ 2. Said corporation, by its board of trustees, shall ^teeyL°fheir"^'
have power, in their corporate name, to have and use a powers, etc.
common seal, to sue and be sued, to acquire, receive and
hold, by purchase or otherwise, property, real, personal and
mixed, and to use, sell, lease and dispose of said property,
the same as a natural person, for the purposes of said cor-
poration, and for the promotion of the objects and interests
of said institution of learning, and said trustees shall have
power to appoint all such officers, and make such rules, by-
laws and regulations for the management of said corpora-
tion, as may to them seem necessary.
§ 3. Said corporation shall have a board of trustees, Trustees.
consisting of six persons, who shall hold their offices for the
term of six years, and until their successors are elected.
The first board of trustees shall consist of the above named
Corporators, and their successors shall be elected by the
Palestine Presbytery of the Presbyterian church, (O. S.) at
any regular or called meetintr. John W. Blackburn and
Andrew M.Vance shall hold offices for two years, and until
their successors are elected ; Samuel Newell and John 0.
Means for four years, and until their successors are elected ;
and William Blackburn and L. L. Todd for the term of six
years.
, § 4. All the property, both real and personal, belonging ^jnPorpomiS
to the trustees of Edgar Academy is hereby vested in the
corporation created by this act, and said corporation is
hereby authorized to establish, maintain and perpetuate an
institution of learning for both male and female, in which
all the branches of a classical, literary and scientific educa-
tion may be taught; also, to grant diplomas and confer
degrees, and do all other acts and things usually done by
colleges and universities ; and the prc>perty of said corpora-
tion shall be exempt from taxation to the value of twenty-
five thousand dollars ($25,000.)
Appkoved March 8, 1867.
Jranches to be
taught.
AN ACT to incorporate the DeWitt County Seminary. ^" ^°' Tsei!^"^*^
Section 1. Be it enacted hy the People of the State of
Illinois^ rrjnesented in the General Assembly^ That William corporators.
Haynie, Kichard P. Crang, Thomas K. Edmiston, Ezekiel
H. Palmer, Lawrence Weldon, Clifton H. Moore, Henry
Crosby, James DeLand, Joseph J. Kelly, George W.
38 &.CADEMIES, COLLEGES, ETC.'
Gideon, Robert Magill, Samuel Magill, Henry Magill,
Edward Porter, John B. Hunt, Caswell P. Ford, George
W. Phillips, William C. Campbell, J. T. Snell, Emmet Kent,
Soloman J. Lewis, Henry S. Green aud John P. Mitchell
and their associates and successors, and all such persons as
shall become stockholders, are hereby created a body politic
Name and style and Corporate, under the name and style of "DeWitt County
Seminary," and by that name and style to remain and have
perpetual succession. The said seminary shall be and remain
within the corporate limits of the town of Clinton, in the
county of DeWitt, and state of Illinois. The number of trus-
Number of tecs shall be live, one of whom shall be president, and another
secretary of the board, to be chosen by the trustees ; and un-
Powersoftrus- dcr the above name and style shall have power to make con-
*®®®* tracts, to sue and be sued, to plead and be impleaded, to
answer and be answered unto in all courts and places, to grant
and receive by its corporate name, and to do all other acts as
natural persons may or could do, to accept, acquire, purchase
or sell property, real, personal or mixed, in all lawful ways, to
use, employ, manage and dispose of ail such property, and all
moneys belonging to said corporation in such manner as
shall seem to the trustees best adapted to promote the
objects of education ; to have a common seal, and to change
and alter the same at pleasure, to make such by-laws for its
regulation as are not inconsistent with the constitution of
the United States, and of this state, to confer on such persons
as may be considered worthy such honorary degrees as are
usually conferred by similar institutions.
Trustees to pre- § 2. The trustces of said incorporation shall have
of'studies,'ete^ authority from time to time, to prescribe and regulate the
course of studies to be pursued in said seminary, to fix the
rate of tuition and other seminary expenses, as may be
necessary in managing the concerns of the institution, to
define their duties, to fix their compensation, to displace and
remove them, to erect necessary buildings, to purchase books,
chemical and philosophical apparatus, and other suitable
means of instruction, to make rules for the general regulation
of the conduct of the students, and to make and pass such
rules and by-laws as they may deem necessary and expedient.
Vaeancies-how § 3. The trustces in order to have perpetual succession,
^*'*''^' shall have power to fill all vacancies which may occur in
said board from death, resignation, or from any other cause.
A majority of the trustees shall constitute a quorum to do
business.
Treasurer to be § 4, jt shall be the dutv of the board of trustees to appoint
appointed. "^ 1 1 1 ,■ ,1 • 1 ,■ '■^ ,
a treasurer to the board from their own number, or from the
stockholders, who shall be required to give bond with suffi-
cient security as the board may prescribe, conditioned for
the performance of such duties as the by-laws may require
of him, and to hold his oliice for such time as the by-laws
may prescribe.
ACADEMIES, COLLEGES, ETC. 39
§ 5. The sole object of said institution shall be the object of insu-
promotion of male and female education, and shall be '""°''"
open to all denominations of christians, and the profession
ot anj particular religious faith shall not be required of those
who become teachers or students of said seminary. AH
persons, teachers or students, Mdiose habits are idle or vicious
or whose moral character is bad, or who refuse to obey the
rules of the institution, may however, be sus}-,ended or
expeUed from said seminary, by the trustees thereof.
§6. The lands, tenements and hereditaments, to bei-^ndstobe
held in perpetuity by virtue of this act, by said corporation, ^''''^•
shall not exceed ten acres.
§ 7. The stock of said company* shall consist of shares capital stock,
of twenty dollars each, and shall be deemed personal
property, and shall be transferable by assignment of the
certificate on the books of said corporation, in such manner
as the board of trustees shall prescribe. The capital stock
of said company shall not exceed fifty thousand dollars, and
Its funds, rents and privileges shall only be used for the pur-
poses of education as herein declared. Provided, that two-
thirds of the stock by vote of the holders of the same may
at any time, direct the dissolution of said corporatioL and
the selling ot its property, in which case the proceeds of
such sale shall be equally divided among the stockholders
according to their shares. '
§ 8. All deeds or instruments of writing for the con- Deeds, etc to
veyance of real estate to the said corporation^, shall be made ^"^ ^^^^ *°
to the president and trustees of De Witt county seminary and ^^'^^^^- '""*
their successors in office, for the use of said seminary and all
deeds and conveyances of land from said corporation, shall
be made by a majority of the trustees, sealed with the seal
of the corporation, if they have a pubhc seal, if no public
seal 18 provided then signed by the president and his
private seal, and by him acknowledged in his official
capacity.
^ t \ ^Y ^^^?,^o^ t^^e election of trustees shall be on the Tim. of , .- '
first Monday of October, a. d. 1867, and on the first Mon ^^'^-tfr
ot October each year thereafter, except the first election
which may be holden on any Monday, ten days' previous
ni n^wl7"^ '^" ^^"^^"^ by a majority of the stockholders
of l^eWitt county seminary as now organized under a gen-
eral ac of incorporation ; and the trustees elected at such
time shall serve until their successors are elected and
quahhed It shall be the duty of the secretary at said
regular election, to give ten days' notice of such election,
or trustees or other officers, by posting up notices in a
least three pubic places in the vicinity of said seminary
givmg notice of the time, place ar,d objects to be voted on
at said election, and each stockholder shall be entitled to
eon vote for each share of st.^ck he ma^ own, and the trus-
tees and their successors, or any three of them, shall preside
40
ACADEMIES, COLLEGES, ETC.
as jndo^es of said election, and shall certify the same, which
certilicate shall be tiled in the office of tht secretary of the
board, and when so tiled shall be sufficient evidence in all
courts and places in this state, of the election and qualifica-
tion of said board of trustees. Such election shall be by
ballot, and by a majority of members or stockholders present ;
but a failure at any time to elect trustees on the day herein
named, shall not work a forfeiture of this corporation, and
in case of such failure, all qualified trustees shall hold their
office until their successors are elected and qualified.
Property ex- § 1*^- ^^1 property of whatever kind and description
ItrJn^'*^'" *'*''' belonging or appertaining to said seminary shall be and
forever remain free and exempt from all taxation for any
and all purposes whatever, the amount of property so
exempt, not to exceed fifty thousand dollars.
Trustees may § 11. The board of trustees are hereby vested with
orrow money ^^^^^ power to borrow money not to exceed ten thousand
dollars, for the purposes of purchasing seminary grounds,
erecting buildings, and making other necessary improve-
ments, at a rate of interest not exceeding ten per centum
per annum, payable in such manner as may be agreed upon,
and execute their notes, bonds or obligations therefor; and
shall likewise, have full power to purchase or lease sites or
grounds, for the erection of buildings for school purposes,
upon credit ; and execute in their corporate name, contracts,
bonds or obligations, for the payment of the same, and may
rent buildings for school purposes, and bind themselves for
the rent, in the same manner as prescribed above, and all
such contracts, bonds or obligations, mentioned in this
section, shall be signed by the president and clerk of said
board, and registered by the treasurer, and shall be binding
upon said trustees, and it shall be the duty ot the said board
to provide for the payment of the same, and the interest
thereon, as it becomes due, and no vote of the stockholders
of said seminary shall be necessary to authorize said board
to locate a site or sites, to erect, purchase or change a school
building or buildings, or repaii- the same, or for the purpose
of keeping open and maintaining schools, for any number
of months in the year; or to authorize said board to do any-
thing authorized or required of it in this act.
stockholders to § 12. Any person holding one or more shares of said
'^°*®' stock, shall be a member of this corporation, and entitled
to one vote for each share of stock by him held, on which
all installments required by said trustees, shall have been
paid. Each stockholder sending ]>upils to said institution,
shall be allowed a deduction of ten per cent., annually, from
the established prices of tuition, to be deducted pro rata,
from the tuition of eaeli term. Said stockholders shall be
also, entitled to such divideiuls on their stock, as the trus-
tees may from time to time declare thereon.
AGRICULTURAL SOCIETIES, ETC. 41
S 13. The corporation heretofore organized as the De ^^'^ institution
__? , . ^ 1 ii 11- ,. merged in the
Witt county seminary, under the general law incorporating new one.
academies and seminaries, passed March 3, 1845, and its
amendments, is by consent of the officers and stockholders
of said DeWitt county seminary, merged in the corporation
created by this act, and all property, personal, mixed and
real, moneys, claims and rights of action, and stock sub-
scribed to said DeWitt county seminary, organized as afore-
said, shall become the property, personal, mixed and real,
moneys, claims and rights of action, choses in action and
stock subscribed of the corporation organized by this act,
so soon as the president and trustees of said corporation
organized as aforesaid, shall file in the Recorder's office of
DeWitt county, Illinois, a written transfer of said property,
personal, mixed and real, money, claims and rights of action,
choses in action and stock subscribed to the corporation
organized by this act ; which transfer shall vest in the new
corporation said property above described, to the same
extent that the same was vested in the old corporation.
§ 14. This act to be in force and take efiect from and
after its passage.
Approved March 8, 1867.
AN ACT to incorporate the Boone County Agricultural Society, In force Janua-
ry 30, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ rejpiesented in the General Assembly^ That Luther
W. Lawrence, Edward E. Moss, Asher E. Jenner, George ccrporaiois.
W. Downs, J. H. Fitch, Ezra May, Charles Wyman, S. A.
Ellsworth, George Eeed, H. E. Fox, George Sands and
J. S. Blodgett, and such persons as are or may hereafter be-
come members of the Boone County Agricultural Society,
from and after the passage of this act, shall be and are
hereby constituted a body corporate and politic, by the
name and style aforesaid ; and by that name they and their Name and style
successors shall have succession, and shall in law be capa-
ble of contracting and being contracted with, of suing and powere.
being sued, of pleading and being impleaded, prosecuting
and defending, in all manner of actions, in law or in equity ;
and by that name and style be capable in law of purchasing
or receiving, by gift or otherwise, holding and conveying,
real and personal estate, for the benefit of the said corpora-
tion ; may have a common seal, and alter the same at their
pleasure ; may make such constitutions, regulations and by-
laws as may be requisite for its government and for carry-
ing out the obiects of said corporation.
Vol. 1-4
42
Objects.
Constitution
and by-laws.
Vested proper-
ty.
Legal titles.
Conveyances.
ProTiso.
Powers and
privileges.
AGEIOULTURAL SOCIETrES, ETC.
§ 2. The objects of said society shall be to advance the
interests and encourage the improvement of agriculture and
mechanics.
§ 3. The constitution and by-laws of the society or asso-
ciation now known as the " Boone County Agricultural
Society," now in force, shall govern the corporation hereby
created until regularly altered or repealed by the society;
and the present officers ot the said society or association
shall be the officers of the corporation hereby created until
their respective terms of office shall expire or be vacated ;
and all the acts and proceedings of said society or associa-
tion, done or had, are and the same are hereby declared
valid ; and all purchases made by said society or association,
or conveyances, are hereby confirmed ; and all property,
real and personal, now owned by said society or association,
is hereby declared vested in the coi poration hereby created.
§ 4. The legal title to all real and personal property
now owned by or which may hereafter belong to said society
or association shall be vested in the board of directors of
said society and their successors ; and all conveyances of
real estate, now or hereafter owned by said society, shall be
signed by the president and secretary and sealed with the
corporate seal of said society : Provided^ however^ that no
sale shall be made or conveyance executed by said president
and secretary without an order first made for such sale and
conveyance by the board of directors of said society.
§ 5. Said society shall have, possess and exercise all the
powers, rights, privileges, immunities and franchises, now
or anytime possessed or which may hereafter be enjoyed or
possessed by any other society organized or which may
hereafter be organized for similar purposes, under any gen-
eral or special laws of this state.
§ 6. This act shall take effect and be in force from and
after its passage.
Approved January 30, 1867.
InforooFeb.18.
1867.
Corporators.
Object.
AN ACT to incorporate the Alton Horticultural Society.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That John
M. Pearson, David E. Brown, Henry G. McPike, James E.
Starr and B. F. Long, officers, and their associates, mem-
bers of "The Alton Horticultural Society," be and are
hereby declared to be a body politic and corporate, under
that name and style.
§ 2. The object of the society being to advance the
theory and practice of horticulture, they shall be allowed,
AGKICULTCTRAL SOCIETIES, ETC. 4I
for these purposes only, to acquire and hold real and per-
sonal estate to the amount of fifty thousand dollars.
§ 3. This society shall have power to contract and be Powers,
contracted with, to sue and be sued, to plead and be im-
pleaded, to answer and be answered unto, in all the courts
of law and equity of this state ; and shall further enjoy all
the privileges incident to corporations of said character, and
not inconsistent with the laws of this state.
§ 4. It shall and may be lawful for said corporation to common seal,
have and use a common seal, and the same, at their pleas-
ure, to change, alter and make anew ; and, in general, have
and exercise all such rights, privileges and immunities as
by law are incident to or necessary to the society herein
constituted.
§ 5. The society shall have power to alter or amend constitution
their present constitution, to make, alter or repeal such by- ™»ybe altered
laws as may be deemed necessary for carrying out the
objects of the society.
§ 6. This act shall be in force from and after its passage.
Appkoved February 18, 1867.
AN ACT to amend au act entitled "An act to incorporate and legalize the in force Feb. 21.
incorporation of the Macon County Agricultural Society," approved Feb- 1S67.
ruary 15, 1865.
Section 1. Be it enacted hy the Peojple of the State of
Illinois^ represented in the General Assembly, That the
fourth section of the act to which this act is an amendment be
amended by adding the following, viz : "And that said
society shall have power to prohibit the carrying of passen- Power.'^, etc.
gers and persons, as well as merchandise and provisions,
implements or other articles, to and from the grounds of
said society, without a license from it for such purpose,
under a penalty of not more than ten dollars for each of- .Amount of pen.
fense, to be recovered by action of debt, before any justice '*''^''
of the peace of said county of Macon."
§ 2. This act to take effect from and after its passage.
Approved February 21, 1867.
AN ACT to amend an act entitled "An act to incorporate the McLean In force Feb.2i,
County Agricultural Society," approved February 12, 1853. '^^^'^^
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That a meet-
44
AGKICULTUEAL SOCIETIES, ETC.
Time of meet- ing of the members of this corporation shall be held on the
lofs?^ *'°'^°'^*' second day of each annual fair, at one o'clock p. m., for the
purjDose of electing a president, two vice presidents, a sec-
FJection of offi- rctary, and a treasurer, who shall, respectively, hold their
cers, etc. officcs for One year, from and after the first Monday of
November following, until their successors are elected ; and
the said officers, so elected, shall be a standing board of
Powers, etc. directors, with full power and authority to do all acts and
deeds necessary to promote the interest of the association,
and to carry into effect the provisions and objects of this act.
§ 2. The president shall have power to appoint an ad-
visory committee, of not less than four or more than seven,
who shall have such powers and perform such duties as
shall be designated by the by-laws of said society.
§ 3. All acts and amendments contrary to above are
hereby repealed.
This act to take effect from and after its passage.
Approved February 21, 1867.
Duties of Pres
dent.
Contrary
vepealed
force Feb. AN ACT to incorporate the Adams County Agricultural and Horticultural
22, 1867. Association,
Section 1. Be it enacted hy the People qf the State of
Illinois, represented in the General Assembly, That James
Corporators. H. Singletou, A. J. F. Prevost, J. H. Miller, J. J. S.
Wilson, S. B. Turner, J. H. Stewart, Clark Chatten,
K. K. Jones, Benjamin Burrows, John Aton, Maitland
Boon, Frederic Boyd, E. G. Baldwin, Emerson M. Miller,
Henry Koot, S. B. Chittenden, P. G. Corkins, F. W.
Jansen, A. E. Bowles, E. H. Hurlbut, E. A. Dudley,
Perry Alexander, Maurice Kelley, Edgar R. Morris, Wil-
liam Smith, A. I. Griffith, Eli Selborn, Samuel M. Sturgiss,
James H. Hendrickson and Thomas Redmond, and their
associates and successors, are hereby constituted a body cor-
Name. poratc and politic, by the name and style of " The Adams
County Agricultural and Horticultural Association," and
by that name and style shall have perpetual succession,
with power to contract and be contracted with, receive do- ^
nations of money and property of any kind, to sue and be
sued, plead and be impleaded, answer and be answered
unto, defend and be defended in all courts and places, and
in all matters whatsoever ; and shall in like manner have
authority to have and use a common seal, and to alter the
same at pleasure, and to make, ordain, establish and put in
execution such by-laws, ordinances, rules, regulations and
constitution as shall be proper and necessary to the govern-
ment of said association and the management of its affairs.
Said corporation, by its name and stylo as aforesaid, shall
AGRICULTURAL SOCIETIES, ETC. 45
have power to purchase and hold any quantity of land, not Powers and
exceedin^o; eighty acres, outside of the corporate limits of p'''^''*^s^''-
the city of Quincy, and may mortgage, sell, lease, rent or
dispose of the same, at pleasure. And said corporation
shall have power to make, own, erect and use such inclosures
and improvements on such land as shall be calculated and
suitable for furthering the objects and interests of said cor-
poration, and may enjoy said real estate, tree from taxation,
including improvements, as long as the same shall be held
and used for the purposes of this association.
§ 2. The capital stock of said company shall be any capital stock.
amount not exceeding one hundred thousand dollars, to be
divided into shares of lifty dollars each. Each share shall
entitle the holder to one vote, which may be cast in person
or by proxy.
§ 8. . The said company shall be managed by a board of organization.
directors, one of whom shall be president, to be elected by
the board, which board shall consist of thirteen members,
to be elected by the stockholders at such time or times as
may be determined by the by-laws of said company. The
corporators named in the first section of this act, shall be
the first board of directors, and shall hold their offices until
their successors are elected and qualified. The directors
shall have the power to employ all such officers, agents and
laborers as they may deem necessary to carry on their
business. A majority of the directors shall constitute a
quorum.
§ 4. Books for subscription for stock shall be opened at Books for sub-
such times and places within the county of Adams, and opened!^ *°
state of Illinois, as the corporators or board of directors may
prescribe. In case of the non-payment of the stock, or any
part of the same, the corporation shall have the power to Non-paj'ment ^
forfeit said shares which may not be paid up, and sue for
delinquent payments. The objects of said corporation are objects.
to give encouragement to and promote the best interests of
agriculture, horticulture and manufactures.
§ 5. Said association shall have the power to pass all Rules, by-iaws
necessary rules and regulations, as well as by-laws, for the
suppression of riotous or other disorderly conduct, and for
the regulation of the general police of their fairs, and those
held on the grounds of said corporation, and all tines and
forfeitures that shall be declared by any rule, regulation or
by-law of said corporation, as consequent upon a violation
thereof, may be enforced by any justice of the peace of said
county, by action of debt, in a summary manner, upon com-
plaint of the president, director or any officer of said corpo-
ration, said justice hereby having power to bring to trial ,p , , ^
forthwith such ofi'ender or ofienders ; and for the purpose era. °
of securing good conduct and order as well as behavior,
during the holding of any fair of said corporation, or at any
other time, when said grounds may be used for public pur-
46
Contract for ex
tension.
Condemnation
of propert)'.
Prohibition
liquors.
AGRICULTURAL SOCIETIES, ETC.
poses, the president or any of the directors or agents, in
addition to such tine as may be provided for such offense,
may expel the offender or offenders from the grounds of
said corporation.
§ 6. The president and directors shall have power to
appoint a police force, who shall be authorized and em-
powered to arrest any and all persons violating any of the
provisions of said corporation, for the securing of good order,
and tajje them before any justice of the peace in said county,
who shall hear and determine the case, and if found guilty
shall be subject to the penalties imposed by the by-laws of
said corporation.
§ 7. Said company shall have the power of contracting
with any railroad company whose line of road runs into
the city of Quincy, and also with the Quincy horse railway
and carrying company, to extend the track of their roads
to or near the grounds of said company; and said com-
panies are herel)y, by this act, authorized to build their
track, tracks or switches of their respective roads up to or
near the grounds of said company, and to condemn and
appropriate such grounds, not exceeding one hundred feet
in width, for said switches or tracks, as is provided for by
the various laws of the state relating to condemning prop-
erty and securing the right of way for said road purj^oses.
f § 8. No spirituous, vinous or malt liquors shall be sold,
trathcked or disposed of, to be used upon the grounds of
said corporation or within one mile thereof, unless it be
within the limits of the city of Quincy, nor shall any show,
exhibition of man or beast, or other thing or things, for
money, be held or made upon said grounds or within one
mile thereof, unless the same be within the limits of the city
of Quincy, without first obtaining the license and authority
of the president and directors of the said association, or
such person as they appoint lor that purpose.
§ 9. This act is hereby declared to be a public act, and
shall take effect and be in force from and after its pa
Approved February 22, 1867.
In force Feb. 23,
1867.
orpor.ators.
AN ACT to Incorporate the Villa Ridge Horticultural Society.
Section 1. Be it enacted by the People of the State of
Illinois^ representcdin the General Ass&tnbly, That (). Edson,
James II. Grain, A. M. Brown, Joseph Lufkin, Lewis F.
Grain, M. Ilarnish, A. Gummins, Willis Edson and W. H.
Ludwick, their associates and successors, members of the
Yilla Ridge Horticultural Society, of Pulaski county, be and
arc hereby declared a body politic and corporate, under and
AGRICULTURAL SOCIETIES, ETC.
by the name and style of "The Yilla Kidge Horticultural Nameandstyie
Society."
§ 2. The object of said society being to promote the objecu.
science of pomology and the art of horticulture, they shall
be allowed, for that purpose, to take and hold real and per-
sonal estate to the amount of ten thousand dollars ($10,000).
§ 3. This society shall have the right to contract and_ be R's^'^' «tc.
contracted with, to sue and be sued, to plead and be im-
pleaded with, in all the courts of law and equity in this
state, and shall further enjoy all the privileges incident to
incorporations of said character, not inconsistent with the
laws of this state.
§ 4. It shall and may be lawful for said corporation to ^^^JJ"^ p^'''
have and use a common seal, and the same to change at
their pleasure, and, in general, to have and exercise all such
rights, privileges and immunities a!< by law are incident or
necessary to the society hereby constituted.
§ 5. The said society shall have power to alter or annul ^^"nd b^-ii
their present constitution, and make, alter or repeal such
laws as may be deemed necessary for carrying out the
objects of the society.
§ 6. This act shall take effect and be in force from and
after its passage.
Approved February 23, 1867.
AN ACT to increase the' powers of the JoDaviess County Agricultural ^° ^25^1867"*^^^
Society. '
Whereas, the JoDaviess County Agricultural Society, Preamble,
organized on the seventeenth day of" February, a. d. 1866,
at Galena, in said county, under the general incorporation
act, passed February 15, 1855 ; now.
Section 1. jBe it enacted by the Fe pie of the State of
Illinois, represented in the General Assen.Vy, That all c^°fi{™«*^°° «*■
the rights, privileges and powers acquired by tlie said socio- privileges.
ty, under and by the said general incorporation act, are
hereby confirmed and ratified, and, in addition to all such
rights, privileges and powers, the said society are hereby
given the following rights, powers and privileges, in addi-
tion to those conferred on them by said general incorpora-
tion act of 1855, and their organization thereunder.
)§ 2- The canitfll Rtonk of the said JoDaviess (yountv Capital stock.
The capital stock of the said JoDaviess County capital s<
Agricultural Society may be increased to an amount not to
exceed twenty-five thousand dollars ($25,0 0.)
§ 3. The said society is hereby grant d the privilege, indebtedness.
and authorized to borrow any sum or sums of money, not
exceeding fifteen thousand dollars, ($15,000), and execute
and give the obligations or bonds of said society therefor.
48
Penalties for
damage of
property.
Government
and officers.
AGRICULTURAL SOCIETIES, ETC.
§ 4. If any person or persons shall willfully, maliciously
or wantonly turn in any kind of stock in the inclosure of
said society, or negligently open any gate or tear down any
fence, or destroy or injure anything, or do any act by
which said society or their property may be damaged or
destroyed, he or they, or any person assisting, shall forfeit
and pay to said society tripple the amount of damages that
shall be proved before any court having jurisdiction of the
amount claimed, which may be sued for in the name of
the society.
§ 5. The said society shall have power to appoint a
suitable number of special marshals, whose duty it shall be
to preserve order during the exhibitions of the society ;
which marshals, when appointed, are hereby empowered
and required to arrest and expel from the grounds or bring
before some justice of the peace of said county all persons
who shall violate the laws of this state or the rules of said
society, or disturb the same by violent or disorderly con-
duct; and any justice of the peace of said county, before
whom any such offender may be brought, is hereby required
and authorized to try the same, and, upon conviction, to
iniiict the same penalties as are now provided by law
§ 6. This act to be in force from and after its passage.
Approved February 25, 1867.
In force Feb. 25, A.N ACT to amend an act entitled "An act to incorporate the Morgan
1867. County Agricultural and Mechanical Association.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That the
grounds now owned by the Morgan County Agricultural
and Mechanical Association, (containing near forty acres,)
outside the city limits of the town of Jacksonville, shall be
exempt from state and county taxes, so long as they are
used for the purposes designated in this charter.
§ 2. This act shall be deemed a public act, and shall
be in force from and after its passage.
Approved February 25, 1867.
Grounds ex-
empt from
taxation.
AGKICULTUEAL SOCIETIES, ETC. 49
AN ACT to incorporate the Illinois Fruit Company. In force March
7, 186T.
Section 1. Be it enacted ly the Peojple of the State of
Illinois^ represented in the General Assembly^ That Thomas corporators.
Quick, D. W. Munn and C. H. Machin, their associates
and successors are hereby made a body corporate and poli-
tic, by the name and style of "The Illinois Fruit Com-
pany," and as such corporation shall have perpetual succes-
sion ; may sue and be sued, contract and be contracted
with, have a common seal, make contracts, and make by-
laws for the government of their officers and affairs ; and
have and enjoy all the rights and privileges, and be subject
to all the liabilities of a body corporate and politic ; and
the principal office of said company shall be located at Chi-
cago, Illinois.
§ 2. The said company are hereby authorized to pur- company may
chase, hold and occupy so much real" estate as they may °^^'^r«*'««'^t«-
deem necessary for their business ; and may cultivate and
improve the same, and plant orchards and raise fruits of all
kinds ; and may construct, purchase and occupy buildings
in and about a general fruit business. They may put up
fruits and vegetables in cans or otherwise, and establish de-
pots for the sale of their property, and may sell fruit or
vegetables for others on commission ; they may manufac-
ture wine and any article for table use, from fruits or veg-
etables.
§ 3. The capital stock of said company shall be fifty capital stock
thousand dollars ^ but the same may be increased at any
time by vote of the stockholders to one hundred thousand
dollars. The capital stock shall be subscribed and paid in
such manner as shall be determined by said company, and
shall be divided into shares of one hundred dollars each, to
be deemed personal property, and transferable as such on
the books of the company. There shall be elected, annu-
ally, five directors, from the stockholders, who shall have
the general management of the business and affairs of the
company ; and the directors may elect other officers and
appoint agents and employees, and prescribe their duties.
The directors may, after the organization of said company,
declare any share of stock forfeited on which there shall re-
main due and unpaid any installment for the period of sixty
days after the same shall have been called in or demanded
by the directors.
§ 4. This act shall be a public act, and take effect and
be in force from and after its passage.
Approved March 7, 1867.
50
AGRICULTrRAL SOCIETIES, ETC.
]n force March AN ACT to incorporate "The Northwestern Fertilizing Company."
Section 1. Be it enacted hy the Feojple of the IState of
Illinois, represented in the General Assembly, That Chfis-
corporaiors. tian Walil and Louis Wahl, and John A. Lighthall, their
successors, associates and assigns, be and they are hereby
constituted a body politic and corporate, to have continued
succession and existence for the term of fifty years, and to
be known as "The Northwestern Fertilizing Company,"
and by that name and style may contract and be contracted
with, sue and be sued, as a natural person may ; they may
have and use a common seal ; they shall have power, in
their corporate name, for the use of said corporation, to pur-
chase and hold sufficient real estate for the free enjoyment
of all privileges herein granted, and to make all proper by-
laws and rules for the government of said corporation.
Capital stock. § 2. The capital stock of said company shall be fifty
thousand dollars, with power to increase the same to any
sum not exceeding two hundred and fifty thousand dollars.
Organization. § 3, The abovc named persons, or a majority of them,
may meet at any time after the passage of this act and or-
ganize said company, on the stock therefor being subscribed
for to the amount of fifty thousand dollars ; and they may
issue certificates, and then hold an election for such officers
as may be created by the by-laws which may be hereafter
enacted for the government of said company ; which offi-
cers shall hold their offices for the length of time fixed by
the said by-laws to be enacted hereafter by the said com-
pany. Said by-laws may be changed, from time to time,
as may be provided by said corporation, acting through its
managers.
Powers. § 4, Said corporation is hereby authorized and empow-
ered to establish and maintain chemical and other works at
the place designated herein, for the purpose of manufac-
turing and converting dead animals and other animal mat-
ter into an agricultural fertilizer, and into other chemical
products, by means of chemical, mechanical and other pro-
Works to be es-
tablished in
Cook county.
§ 5. Said chemical works shall be established in Cook
county, Illinois, at any point south of the dividing line be-
tween townships thirty-seven and thirty-eight. Said corpo-
ration may establish and maintain depots in the city of Chi-
cago, in said county, for the purpose of receiving and carrying
off from and out ( f the said city, any and all offal, dead ani-
mals, and other animal matter, which they may buy or own,
or which may be delivered to them by the city authorities
and other persons.
§ 6. This act thall take effect and be in force from and
after its passage.
Approved Maich 8, 1867.
ARTESIAN WELLS. 51
AN ACT to incorporate the Chicago Artesian Well Company. In force March
Section 1. Be it enacted hy the People of the State of
Illinois, in General Assembly reptesented, That Abraham corporators.
F. Croskey, George A. Shufeldt, jr., Henry H. Brown, P.
W. Gates, Henry Greenbaum, Daniel W. Page, Carlisle
Mason, Amasa F. Dwight, and William Phillips, and John
C. W. Bailey, and their associates and successors and
assigns, are hereby created a body politic and corporate,
under the name and style of "The Chicago Artesian Well Nameand style.
Company;" and shall have perpetual succession, and by
that name they are hereby made capable in law and equity
to sue and be sued, plead and be impleaded, defend and be
defended, in any court of law and equity in this state or corporate pow-
elsewhere; to make, have and use a common seal, and the
same to renew and alter at pleasure ; and shall be and
hereby are vested with all powers, privileges and immunities
which are or may be necessary to carry into effect the pow-
ers and objects of this act, as hereinafter set forth; and the
said corporation is hereby authorized and empowered to
make, bore or construct artesian wells, for water, oil or Business and
other substances, or to purchase such wells already con- op®''^*'°"*-
structed ; to use such water for purposes of power and sup-
ply and for mechanical and chemical purposes, for making
ice and other substances, and housing, storing and selling
the same ; applying said water to the manufacture of paper,
washing wool, tanning skins, and any and all objects for
which the same may be made available and useful. And
the said corporation, hereby created, is also authorized and
empowered to carry on and conduct any mechanical or
chemical business for which such water, oil or other sub-
stances may be adapted; and to have and hold real, per-
sonal and mixed property, for the purposes of their business;
also all necessary buildings, tools, implements and machine-
ry; and they may convey or incumber such property, in
any manner in which they may deem expedient, and may
purchase any property with the stock of the corporation ;
and the said corporation may purchase and sell or lease or
rent real and personal estate, erect and repair buildings, as
shall be deemed necessary to carry on the business of said
corporation, and to make their property serviceable and
valuable.
§ 2. The capital stock of the said corporation sliall con- capital stock.
sist of one million dollars, and may be increased, from time
to time, by the board of directors of said company as
deemed necessary; which capital stock shall be divided
into shares of one hundred dollars each.
§ 3. The government and direction of the said corpora- Directors,
tion shall be vested in a board of directors, to be chosen
annually by the stockholders. The first seven above men-
tioned corporators shall constitute the first board of direc-
52 • ARTESIAN WELLS.
Term of office. toFS, and shall hold their office until others shall be duly-
elected as their successors and enter upon the duties of
their office, in accordance with the provision of the by-laws
Quorum. of Said Corporation, A majority of the board of directors
shall constitute a quorum to transact business.
President. § 4. The board of directors shall elect one of their
number president of the corporation, and may appoint such
other officers and agents as the by-laws may require.
Vote of stock- § 5. At all meetings of the stockholders each stockholder
holders. s\i^\[ be entitled to cast one vote for each share of stock
holden, subject to such general regulations as the by-laws
Qualified diree- shall provide ; and no person shall be eligible to be elected
*°"" to the office of director who does not own and hold at least
ten shares of stock, on which has been paid at least ten per
Number of. ccut.; and there shall never be more than forty members in
the directory, the number to be regulated by the by-laws;
and should it at any time happen that a board of directors
Failure to elect, shall not be elected at the time fixed by the by-laws said
corporation shall not for that caase be dissolved, but the old
board of directors shall hold their office until their succes-
sors are elected and enter upon the duties of their office ;
and should the president or any of the directors die, resign
or be removed from office, refuse to act, or in any way
become incompetent to act, the board of directors may fill
Vacancies. any sucli vacaucy, so occasioned, until the next regular
meeting of the stockholders for the election of officers of
the corporation, and may, in the absence of the president
and vice presidents, appoint a president pro tern.
stock subscrip- § 6. The board of directors may, from time to time,
*"'""• open and close the books of the corporation for subscrip-
tions to the capital stock, under such general restrictions
and conditions as shall be provided in the by-laws and sub-
scription lists of the corporation; and it shall be lawful for
Payment of. ^^g board of directors to require payments of the sums
subscribed to the capital stock at such times and in such
proportion and on such conditions as they shall deem fit,
under the penalty of the forfeiture of all previous payments
Notice of calls thercon — notice for such calls for payments to be in accord-
ance with the conditions of the subscription list and the
by-laws of the corporation.
Loans. § 7. And for the better promoting the business of the
corporation the board of directors, by the president or other
agents duly empowered, may negotiate a loan or loans of
money or credit, to the amount of their capital stock, and
may pledge the credit and property, real, personal and
mixed estate, and all its rights, credits and franchises for
the payment thereof, and may execute promissory notes,
bonds, mortgages, deeds of trust, and any and all forms of
vouchers, at any time deemed necessary, and may prepare
Slaking fund, ^i sinking fund or other means for the payment of the same,
and do all other necessary and proper acts to promote the
ARTESIAN WELLS. 53
general interests of the corporation. And said board of
directors maj, from time to time, 'adopt and amend all
necessary by-laws for the regulation of the business of the By-iawa.
corporation, not in conflict with this act and the laws of the
land, and rescind them at pleasure.
§ 8. This act shall be deemed and taken as a public constructioQ of
act, and shall be construed beneficially for all purposes
hereinbefore specified or intended, and be in force from and
after its passage.
Approved March Y, 1867.
AN ACT to incorporate the Artesian Water Supply CompanT. In force March
7, 1867.
.Section 1. Be it enacted hy the People of the State of
Illinois, in General Assembly represented. That Abra-
ham F. Crosky, George A. Shufeldt, jr., Henry H. Brown, corporators
Henry Greenbaum, John C. W. Bailey, Charles H, Water-
man, and their associates, successors and assigns, are hereby
created a body politic and corporate, under the name and
style of "The Artesian "Water Supply Company;" and Name and style
shall have succession, a common seal, power to sue and be
sued, plead and be impleaded in any court in this State or ^°g'jP°''^*® p°^^
elsewhere ; to appoint all necessary officers, servants, and
assistants, and may have and enjoy and exercise all the
powers necessary to carry out and execute the business,
purposes and interests of furnishing water from artesian
wells, for power, for domestic uses, and for all purposes for
which such water is adapted or can be used ; and to have
and hold real, personal and mixed property, for the purpo-
ses of their business, also all necessary buildyigs, tools,
implements and machinery, and they may convey or
incumber such property in any manner in which they may
deem expedient ; and may purchase any property with the
stock of the corporation; and the said corporation may
purchase and sell, or lease or rent, real and personal estate,
erect and repair buildings, as shall be deemed necessary to
carry on the business of said corporation, and to make their
property serviceable and valuable.
§ 2. Said corporation is hereby authorized, on obtaining Business povr-
the consent of any town in this State, to be indicated tlle^ ^"''"
through its supervisors or the commissioners of highways,
or of any city, on obtaining such consent through its common
council, to lay down, in or under the streets and public
highways thereof, pipes for the conveyance and supply of
water, for the uses and purposes above mentioned ; and
such pipes, when laid, shall be the property of and under
the sole control and management of this corporation, and
54:
AKTESIAN WELLS.
'apital stock
]?oard of direc
tors.
Vote of stock
liolders.
Eligibility
directors.
Vacancy.
Stock subscrip-
tion.
Payment ol
shall not be interfered with by any person or body whatso-
ever.
§ 3. The capital stock of this corporation shall be one
million of dollars, with authority in the board of directors
to increase it to three millions, whenever it may be deemed
expedient, and it shall be divided into shares of one hund-
red dollars each.
§ 4. The government, and direction of the said corpora-
tion shall be vested in a board of directors, to be chosen
annually by the stockholders. The first five above-men-
tioned corporators shall constitute the first board of directors,
and shall hold their office until others shall be duly elected
as their successors and enter upon the duties of their bflice,
in accordance with the provisions of the by-laws of said
corporation. A majority of the board of directors shall
constitute a quorum to transact business.
§ 6. The board of directors shall elect one of their
number president of the corporation, and may appoint such
other officers and agents as the by-laws may require.
§ 6. At all meetings of the stockholders, each stock-
holder shall be entitled to cast one vote for each share of
stock holden, subject to such general regulations as the by-
laws shall provide; and no person shall*be eligible to be elected
of to the office of director who does not own and hold at least
ten shares of stock, on which has been paid at least ten per
cent. ; and there shall never be more than ten members in the
directory, the number to be regulated by the by-laws ; and
should it at any time happen that aboard of directors shall not
be elected at the time fixed by the by-laws, said corporation
shall not for that cause be dissolved, but the old board of
. directors shall hold their office until their successors are
elected and enter upon the duties of their office ; and should
the president or any of the directors die, or be removed
from oflic^, refuse to act, or in any way become incompe-
tent to act, the board of directors may fill any such vacancy,
so occasioned, until the next regular meeting of the stock-
holders for the election of officers of the corporation, and
may, in the absence of the president and vice-president xyro
tern.
§Y. The board of directors may, from time to time,
open and close the books of the corporation for subscriptions
to the capital stock, under such general restrictions and
conditions as shall be provided in the by-laws and subscrip-
tion lists of the corporation ; and it shall be lawful for the
board of directors to require payments of the sums sub-
scribed to the capital stock, at such time and in such
proportion and on such conditions as they shall deem tit,
under the penalty of the forfeiture of all previous payments
thereon. Notice for such calls for payments to be in
accordance with the conditions of the subscription list and
the by-laws of the corporation.
AVENUES. 55
§ 8. And, for the better promoting the business of the indehteduess.
corporation, the board of directors, by the president or other
agents duly empowered, may negotiate a loan or loans of
money or credit to the amount of their capital stock, and
may pledge the credit and property, real, personal and
mixed estate, and all its rights, credits and franchises for
the payment thereof, and may execute promissory notes,
bonds, mortgages, deeds of trust, and any and all forms of
vouchers, at any time deemed necessary ; and may prepare
a sinking fund or other means for the payment of thp same ;
and do all other necessary and proper acts to promote the
general interest of the corporation. And said board of
directors may, from time to time, adopt and amend all
necessary by-laws, for the regulation of the business of the
corporation, not in conflict with this act and the laws of the
land, and rescind them at pleasure.
§ 9. This act shall be deemed and taken as a public act, constiuctiou of
and shall be construed beneficially for all purposes herein- ^^^'
before specified or intended, and be in force from and after
its passage.
Approved March 7, 1867.
AN ACT to vacate certain avenuea traversing the south-east quarter of in force Fel.i-u-
section twenty-four (24) in township one (1) south of range nine (9) west ary2S, 186T.
of the fourth principal meridian, in Adams County, Illinois.
Section 1. Be it enaeted by the People of the State of
Illinois, represented in the General Assembly, That all
the avenues traversing the south-east quarter of section
twenty-four (24) in township one (1) south of the base line,
range nine (9) west of the fourth principal meridian in
Adams county, State of Illinois, according to the plat and
survey thereof, made in the name of C. A, Savage, dated
September Ist, a, d. 1855, and duly recorded in record of
plats of said county, on page eleven, December 7th, 1855,
be, and the same are hereby vacated,
§ 2. This act shall be in force from and after its passage.
Approved February 28, 1867.
56
BANKING INSTITUTIONS, ETC.
m force Feb.
21, 18«7.
Corporators.
Powers, etc.
Amount ot capi-
tal stock.
Indebtedness.
Time of organi-
zation.
By-laws, regula-
tions, etc.
May loan mon-
ey.
Rates of mter-
est.
Time of loans.
AN ACT to incorporate the Bond County Trust and Loan Company.
Section 1 , Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That William
S. Smith, J . B. Hunter, J. D. Lansing and W. S. Smith, jr.,
and their associates and successors be and hereby are incor-
porated under the name and style of "The Bond Comity
Trust and Loan Company," and shall have succession, a
common seal, with the power to plead and be impleaded,
to appoint all necessary servants and assistants ; and may
have, enjoy and exercise all the powers necessary to carry
out and execute the purposes and intent of a loan and trust
company ; and shall be capable in law of taking, purcha
sing and holding, leasing, selling and conveying all real es-
tate, personal property or mixed property, so far as the
same may be necessary to the full enjoyment of all the
rights and privileges granted by this charter.
§ 2. The capital stock of said company shall be one hun-
dred thousand dollars, to be divided into shares of one hun-
dred dollars each, which shall be deemed personal property,
and shall be transferable on the books of the said company
in such manner as its by-laws may prescribe ; it shall have
the power of borrowing money on its own notes, or other-
wise, not exceeding the amount of its capital stock.
§ 3. When twenty -five thousand dollars of its capital
stock shall have been duly subscribed, and five thousand
dollars actually ])aid in, the stockholders may organize and
proceed to business under this charter.
§ 4. The government of the company shall be vested
in such number of directors as its stockholders, by their by-
laws, may determine, to consist of at least three of their
number ; said directors to be chosen annually by the stock-
holders, as may be required by the by-laws of said com-
pany, and such board shall choose one of its number their
president, and such other officers as may be deemed ne-
cessary.
§ 5. The stockholders of said company shall and may,
from time to time, establish such by-laws, rules and regula-
tions for conducting the business of said company as they
may deem necessary and proper.
§ 6. Said company may loan on all goods and chattels
and property ottered embraced within its rules and regula-
tions, provided such loan shall not exceed two-thirds of the
value of such goods, chattels and property, so ottered as
aforesaid.
§ 7. The charge for interest on all loans shall not exceed
ten per centum per annum.
§ 8. All loans shall be for a fixed period of time, not
exceeding one year, and the borrower shall have a right to
redeem his property, pledged at any time during the speci-
fied period, on payment of the loan and compensation
BANKING INSTITUTIONS, ETC. gY
§ 9. If the property pledged be not redeemed within
agreed upon, together with all charges for storage, insu-
rance, or otherwise.
the specified time, the same shall be sold at public auction, prop^erty.
by giving ten days' notice, and the net surplus (after payino-
amount of loan, compensation, charges for storage, insu-
rance, etc.,) shall be held ninety days for the owner, and if
not then called for, the same shall go into a fund for the
year, called the "profit and loss fund/' from which fund all Profit and loss
losses from failure of title or other cause shall be satisfied. ^""d.
§ 10. The company shall give to each borrower a cardj
subscribed with the name of the company, a description of
the article or articles pledged, the name of the borrower, Articles pledged
the amount of the loan, the rate of compensation, the
charge for storage, commission and insurance, the date when
made, and the page of the book where recorded.
§ 11. The company shall insure all property pledged to
two-thirds of the appraised value thereof, and in the^ event IZ'^iLW
of loss or damage by fire, shall be responsible to that extent
and no more, to the owner or owners of said property.
§ 12. No stockholder shall be held liable for the debts stockholders
or other liabilities of the company beyond the amount of debts'"'^^^ ^""^
stock for which he may have subscribed.
§ 13. This act shall take effect and be in force from
and after its passage.
Approved February 21, 1867.
AN ACT to incorporate the Henderson Loan and Real Estate Association. ^ ^ree Ftf,. 28,
Section 1. Be it enacted hy the People of the State of
i^fow^ represented in the General Assembly, That George
H. HaUiday, Thaddeus L. Loomis, John A. Chesnut, William
A. Kobertson, John M. Woodson, John T. Henderson and
1*1 \^' ^°<^^^son, their asssociates, heirs and assigns, and
all such persons as shall become stockholders in the corpo-
ration hereby created, and their successors, shall be a body
politic and corporate, by the name and style of "The Hen- Nameand.^ie
derson Loan and and Real Estate Association," and shall ""'*"''^''
have a common seal, power to plead and be impleaded, to
have^ and exercise powers incident to corporate bodies, to
appoint aU necessary officers, servants and assistants, and
lUinSs ^^ ^^e city of Carlinville, in Macoupin cointy,
§ 2. A majority of the corporators herein named, may subscriptions
proceed to open books for subscription, to the stock of said '"'"^'^'°'^-
company, and shall at the same time, or thereafter, designate
a time and place for the first election of directors of said
Vol. J..--5
58 BANKING INSTITUTIONS, ETCK
company, bj parties subscribing to the stock thereof, and
each share of stock so subscribed for, shall be entitled to
one vote.
Capital stock. § 3. The Capital stock of said company shall be one
hundred thousand dollars, with power to increase the same
to five hundred thousand dollars, to be subscribed and paid
for in the manner prescribed by the by-laws to be formed
by said company, and shall be divided into shares of one
hundred dollars each, which shall be deemed personal pro-
perty and shall be transferable on the books of said company
. in such a manner as the by-laws of said company may
provide.
ladebtedness. § 4:. The Said Corporation shall have power to borrow
money and to receive money on deposit, and pay interest
thereon, and to loan money, either witliin or without this
state, at any rate of interest not exceeding that now, or
hereafter allowed by law to private individuals, and to
discount loans, and in computation of time thirty days shall
be a month, and twelve months a year ; and to make such
loan payable either within or without this state ; and to take
such securities therefor, real or personal or both as the
directors or managers of said corporation shall deem suffi-
cient, and may secure the payment of such loans by deeds
of trust, mortgages or other securities, either within or
without this state ; may buy and sell negotiable paper, and
other securities; may open and establish a real estate
agency ; may purchase and sell real estate ; and shall have
the power to convey the same in any mode prescribed by
the by-laws of such corporation ; may accept and execute
all such trusts whether fiduciary or otherv/ise, as shall or
may be committed to it by any person or persons, or by
• the order or direction of any court or tribunal, or other
legally constituted authority of the state of Illinois, or of
the United States or elsewhere; may make such special
regulations in reference to trust funds or deposits, left for
accumulation or safe keeping, as shall be agreed upon
with the depositors or parties interested, for the purpose of
accumulating or increasing the same ; may issue letters of
credit and other commercial obligations, not, however, to
circulate as money ; and may secure the payment of any
loans made to said company, in any way the directors may
prescribe.
Privileges of § 5. Married w^omen and minors may, in their own name
Sea 'Ind mt subscribc for stock and deposit money with said corpora-
tiors. tion, and receive certificates of stock and of deposits in their
own names, which stock and deposits shall be subject to
their disposal and order only.
^propI?ty? °^ § ^- ^^ ^^y ^^ lawful for the company hereby incor-
porated, to purchase and hold such real estate as may be
convenient and useful in the transaction of its business not
only, but to take and hold any real estate in trust or other-
BANKING INSTITUTIONS, ETC. 59
wise, as security for, or in payment of loans or debts due
or to become due to said company ; to bid for and purchase
real estate at any sale, whether made in virtue or on account
of any loan or mortgage or trust, made to or held by or for
said company, or in which it is interested or otherwise ; and
to receive and take in satisfaction of any loan or debt, any
real or personal estate, and to hold, use, improve, lease and
convey the same.
§ 7". The affairs of the company shall be managed by nirecters.
a board of directors, at least three in number. After the
first election as herein provided, the directors shall be
elected by the stockholders, at such time and place, and in
such manner as shall be established by the by-laws of said
company. The directors of said company shall be elected
annually, but any failure or omission to elect directors shall
in no wise impair or affect the rights and powers of directors
holding over, or the rights or interests of the stockholders,
depositors or others interested.
§ 8. The directors shall have the right to form by-laws By-iaws.
for the appointment of other ofhcers, agents and others
necessary for the company's service, and for regulating
their own proceedings and the company's operations however
not inconsistent with the constitution of the United States
or of this state.
§ 9. The directors shall also have the right in case any Forfeitures.
stockholder shall fail to pay any installment for thirty days
after a call therefor to declare the stock of such stockholders
so in arrears, forfeited to the company, together with the
sums already paid thereon, or at their option, sue for and Dividendg.
recover the entire amount of subscription remaining unpaid ;
and shall have the right to declare dividends out of the
earnings of said company, '^
§ 10. The stockholders herein shall be responsive in ^fl^o^kSdSi
their individual property in double the amount of their
stocks, to make good all losses to depositors ; and no assign-
ment of their stock shall release them from said liability,
until after the fact of such assignment and the name of the
person to whom made, and the amount of said stock, shall
have been advertised in some public newspaper, printed in
the county of Macoupin, for the period of three months.
§ 11. Until the sum of five thousand dollars shall have org«iizatioD.
actually been paid in on subscription to the capital stock,
the company shall not commence, and this act shall be void
unless said company shall organize and proceed to business
within two years after the passage hereof. The said com-
pany shall be subject to the provisions of any general law
hereafter passed on the subject of banking, trust and deposit
companies.
§ 12. This act shall be a public act, and be in force
from and after its passage.
Appeoved February 28, 1867.
60
BANKma INSTITUTIONS, BTC.
In force Pelsru-
ary 28, 186T.
Name and style,
Capital stock,
Looationofprin
cipal office.
Business
affairs.
- AN ACT to incorporate the Dollar Savings Association of Cairo.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the G-eneral Assembly^ That John
"W. Trover, Fredoline Bross, Charles Galigher, Patrick H.
Pope, Joseph B. Cleaver, Henry "Watson Webb, Daniel W.
Munn, and Charles R. Woodward, and their associates,
successors and assigns are hereby created a body corporate
and politic under the name and style of "The Dollar
Savings Association of Cairo," with perpetual succession,
and by that name and style be and they are hereby made
capable in law or equity, to sue and be sued, plead and be
impleaded, defend and be defended in any court of law and
equity in this state ; to make and use a common seal, may
renew or alter the same at pleasure, and shall be and are
hereby vested with all the powers, privileges and immuni-
ties which are or may be necessary to carry into effect the
purposes and objects of this act as are hereinafter set forth,
and said association may take and receive goods, wares,
merchandize, personal property and effects of every kind
and description, in pledge for the repayment and security
of money loaned or advanced on any such property ; may
make and enforce by-laws and rules for the government o*
the officers and agents of said association ; may make and
enter into agreements for the lending and advancing of
money on a pledge or pledges of personal property and
effects ; may provide rules and regulations for the forfeiture
and sale of property and effects pledged to said association ;
may purchase, take and hold real estate and sell and dis-
pose of the same, and may take security on real estate in
form of mortgage or deed of trust to secure the payment
of any debt or money due said association ; may receive
deposits of money or valuables on such terms as may be
agreed upon with the parties making the deposit, and may
take and receive deposits of money or valuables for married
women in their own proper names and for the sole and
separate benefit of such married women, their heirs or
assigns.
§ 2. The capital stock of said association shall not be
less than fifty thousand dollars, with authority in the board
of directors by a majority vote, to increase it to any sum
not exceeding five hundred thousand dollars. The capital
stock shall be divided into shares of one hundred dollars
each, which stock shall be transferable on the books of said
association in such manner as the directors may by by-laws
provide.
§ 3. The principal or chief office for the transaction of
the business of said association shall be in the city of Cairo,
*md Alexander county, and its business affairs and property
shall be managed and conducted by a board of five direc-
tors chosen annually by the stockholders who may vote at
BANKING INSTITUTIONS, ETC. 61
any election for directors in person or by proxy, and each
sto'ckholder shall be entitled to one vote for each share of
stock held by hira at the time of such election, and a ma-
jority of all the votes shall constitute a choice. No person ^^
shall be eligible for a director who is not the holder in his
own right of at least ten shares of the stock of said associa-
tion at the time of election, and no transfer of stock of said
association shall be made on its books within forty days next
preceding any election for directors.
§ 4. The corporators named in the first section o± this ^1°^^ subscrip-
act, or a majority of them, may cause books to be opened
in the city of Cairo, county @f Alexander, for the subscrip-
tion of stock in said association, after giving thirty days'
notice of the time and place of opening of such books, in
at least one of the pubhc newspapers published in said city.
Every person at the time of subscribing for such stock shall
pay to the corporators opening such books of subscription,
ten dollars on each share subscribed, and the remainder
shall be paid in such payments and at such times as the
board of directors by resolution or by-laws may order or
direct. The money paid to the corporators who shall open
books of subscription as aforesaid shall be accounted for
and paid over to the directors as soon as the board is duly
organized. As soon as two hundred shares of stock shall
be subscribed it shall be lawful for the subscribers to the
stock to organize and elect the first board of directors in
conformity with the provisions of this act and the first board '
of directors shall hold their ofiices until the first Monday in
January next succeeding such first election, and every sub-
sequent election for directors shall be held on the first
Monday in every year, provided that if for any cause an
annual election shall fail to be held on the first Monday in
January in any year, the board of directors may order an
election at a subsequent day. And ^7wided, further,
that the directors elected at any election shall hold their
offices and be authorized to act as directors until their suc-
cessors are elected and qualified.
§ 5. The directors shall ordain and establish the condi- Possession of
tions and terms on which said association will receive per- erty.°°* ^^°^''
sonal property and efiects in pledge, and make loans or
advances of money thereon, and at the time of receiving
any property or effects in pledge under the provisions of
this act, it shall be the duty of the directors to cause to be
delivered to the person or persons or corporation making
such pledges a written or printed statement of the terms
and conditions on which such pledge is made and received,
and when and how such property may be redeemed, and
the penalty in case the property is not redeemed within the
time specified, which statement shall be signed by the pres-
ident or cashier of said association and its seal affixed
thereto.
62
BANKING INSTITUTIONS, ETC.
Sale of property
Liabilities of
stockholders.
§ 6. It shall not be lawful for said association to accept
or receive for the advance or loan of any sum of money
secured by pledge of personal property an interest exceed-
ing ten per cent, per annum on the sum advanced or loaned,
but said association may receive such interest in advai^e or
by way of discount ia the manner that discounts are usually
made by banks of discount and deposit.
§ Y. After the time for redeeming any property or
effects pledged to said association shall have elapsed and
the same be not fully redeemed it shall be lawful for said
association to caue-e such pledged property to be sold at
public vendue to the highest bidder for cash, first giving
three days' public notice in some newspaper published in
the city of Cairo, of the time and place of such sale and of
the property to be sold and out of the proceeds shall be
paid, first, the cost and expenses of such sale, second, th6
amount due the association, and third, the residue, if any,
shall go to the pledger or his or her legal representatives :
Provided^ however^ that said association may sell and dis-
pose of any property pledged after the time for redemption
shall have passed in all cases without previous notice or
advertisement when the amount advanced or loaned on such
property shall not exceed the sum of two hundred dollars.
The stockholders herein shall be responsible, in their indi-
vidual property, in double the amount of their stock, to make
good all losses to depositors or others, and no assignment of
their stock shall release them from said liability until after
the fact of such assignment and name of the person to whom
made and the amount ot said stock shall have been adver-
tised in some public newspaper printed in the county wiiere
this corporation is doing business and located for the period
of three months. This act shall be void unless said com-
pany shall organize and proceed to business within two
years after the passage hereof. The said company shall be
subject to the provisions of any general law hereafter passed
on the subject of banking, trust or deposit companies.
§ 8. This act shall continue in force as provided and
take effect on and after its passage.
Approved February 28, 1867.
In force Febru-
ary 26, 1S67. '
Corporators.
AX ACT to incorporate the Springfield Savings Bank.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That Samuel
H. Melvin, John A. Chesnut, Benjamin F. Fox, Rufus S.
Lord, William M. Springer, Charles A. Helmle, Edward
L. Baker, John S. Bradford, R. P. Able, and their asso-
BANKING INSTITUTIONS, ETC. 63
ciates and successors, and all such persons as shall become
stockholders in the corporation hereby created, shall be a
body politic and corporate, by the name and style of "The Name and style
Springfield Savings Bank," and shall have succession, a
common seal, with power to plead and be impleaded, to
sue and may be sued, to appoint all necessary assistants ;
and may have, enjoy and exercise all the powers necessary Powers.
to carry out and execute all the purposes and intents of a
savings, loan and trust corporation.
§ 2. The general business and object of this corporation ^ortSon^'^''
shall be to receive on deposit, or in trust, such sum or sums
of money as may from time to time be offered therefor, by,
tradesmen, merchants, clerks, laborers, servants and others,
to be repaid to such depositors when required, at such
times, with such interest, and under such regulations as the
board of directors may from time to time prescribe ; which
regulations shall be posted up in some conspicuous place in
the rooms where the business of said corporation shall be
transacted.
§ 3. The business of the corporation shall be managed nirectarg.
by nine directors, and the persons named in section one
shall be the first directors thereof, and shall so continue un-
til the first Monday in May, 1868, when their successors
shall be chosen as hereinafter provided.
§ 4. The capital stock of said corporation shall be one c»p'*^»^ ^^'"^^■
hundred thousand dollars, divided into shares of one hun-
dred dollars each, payable in such installments as the direc-
tors may from time to time elect, under such penalties as
they may in their discretion adopt ; and the directors are '
hereby appointed and authorized to superintend the sub-
scriptions to the capital stock of the corporation ; and it will
be competent for said directors to commence the business
of the corporation when the full amount of stock shall have
been subscribed, and at least ten per cent, of it paid into
the treasury.
§ 5. This corporation may loan money at any rate of ^Jbfjgauons"''
interest not exceeding ten per cent, per annum, or may dis-
count, in accordance with bank usage, taking such security
therefor, either real or personal, as the directors may deem
sufiicient. Said corporation shall have power to borrow
money, buy and sell exchange, bullion, bank notes, gov-
ernment stocks and other securities ; but nothing in this
act contained shall confer on said corporation the privilege
of issuing notes similar to bank notes, for the purpose of a
circulating medium.
§ 6. It shall be lawful for this corporation to purchase ^pr^oplrty" °^
and hold such real estate as may be convenient for the
transaction of its business, and to take and hold any real
estate in trust or otherwise, as security for, or in payment
of any debt or debts due, or to become due to the said
corporation ; to purchase real estate at any sale made in
64: BANKING INSTITUTIONS, ETC,
virtue of any loan, debt or mortgage made to, or held by
said corporation ; and to receive and take, in whole or ijn]
part, satisfaction of any such loan or debt, any real estate,
and to hold and convey the same.
Election of c^- § 7. The Stockholders of this corporation shall meet on
^"*" the first Monday in May, 1868, (and annually thereafter,)
and elect, by ballot, fruuj their number, nine directors, to
serve for the term ot <'ne year, or until their successors are
chosen. Each stockholder shall be entitled to one vote for
every share of stock standing in his or her name on the
books of the corporation ; and they may vote in person or
■ by proxy ; the name of each stockholder so voting shall be
indorsed on the ballot, and a plurality of votes shall elect.
The directors shall elect annually from their number a
president, vice president and secretary ; the cashier may be
selecte<1 from the stockholders by the directors; the direc-
Bj-iaw», etc. tors sliall make and execute such by-laws as may' be conve-
nient and necessary for the proper prosecution of the business
of this corporation, not inconsistent with this act, or with
the laws of this State or of the United States.
Increase .f cap- | 8, At any time after the full payment of the original
stock of one hundred thousand dollars, as hereinbefore pro-
vided, the directors may increase the capital stock of said
corporation to any amount not exceeding five hundred
shareB. thousand dollars, in shares of one hundred dollars each ;
and said increased stock shall be subject to all the liabili-
ties, immunities and privileges of the original stock ; stock-
holders shall have the option of subscribing to such addi-
tional stock, pro rata, within such time as the directors may
limit.
Dspositsby mi- g 9. When any deposit is made to said corporation
by a minor, or by a female, being, or hereafter becom-
ing a married woman, the said corporation may pay such
depositors any sums of money due to them, and their re-
ceipt or acquittance shall be a legal discharge to said corpo-
ration therefor.
stock personal | 10. The stock of this Corporation shall be deemed
and transfer; p^^g^^^^ property, transferable only on the books of the
corporation, and no transfer shall be valid while he is in-
debted to the corporation,
Te^rm ^of ^exLstr § n, Tliis corporatiou shall exist for the term of fifty
ration. ^°'^°" years next succeeding the 1st of May, a, d. 1867, and shall
be entitled to use all its corporate powers, rights and priv-
ileges for the period of three years thereafter, for the sole
purpose of closing up its aflairs. The stockholders herein
Liabilities of shall be responsible in their individual property in double
stockholders. ^^^^ amouut of their stock to make good all losses to depos-
itors or others, and no assignment of their stock shall re-
lease them from said liability until after the fact of such
assignment and name of the person to whom made, and the
amount of eaid stock shall have been advertised in some
nsrs.
BANKING INSTITUTIONS, ETC. 65
public newspaper, printed in the county where the corpo-
ration is doing business and located, for the period of three
months. This act shall be void unless said company shall organiz»iion.
organize and proceed to business within two years after
the passage hereof. The said company shall be subject to
the provisions of any general law hereafter passed on the
subject of banking, trust or deposit companies.
§ 12. This act shall be deemed a public act, of which ^jf^^^oftncl?-
all courts and magistrates shall officially take notice, and poration.
shall take effect on and after its passage.
Approved February 28, 1867.
AN ACT to incorporate the La Salle County Savings, Loan and Trust Jn force March
Company. ^' ^^®^-
Section 1. Be it enacted ly the People of the State of
Illinois, represented in the General Assembly, That George
H. Yorris, John F. Nash, Dwight F. Cameron, Milton H.
Swift, W. Bushnell, and their associates and successors, and
all such persons as shall become stockholders in the com-
pany hereby created, shall be a body politic and corporate,
by the name and style of " The La Salle County Savings, Name and style.
Loan and Trust Company," and shall have succession, a
common seal which they may alter pleasure ; with power to p^^ers.
sue and be sued, to plead and be impleaded, to appoint all
necessary servants and assistants, and may have, enjoy and
exercise all the powers necessary to carry out and execute
the purposes and intent of a savings, loan and trust com-
pany, r
§ 2. The capital stock of said company shall be fifty ^^pj^^^, ^^^^-^
thousand dollars, with liberty to increase the same to three
hundred thousand dollars, to be subscribed and paid for in
the manner hereinafter provided, and shall be divided into
shares of twenty-five dollars each, which shall be deemed
personal property, and shall be transferable on the books of
the said company, in such manner as its by-laws pre-
scribe.
§ 3. The said corporation shall have power to borrow Business pow-
money, and to pay interest thereon, and to loan the said fJles*"*^ ^"^"
money at any rate of interest not exceeding that now al-
lowed by law to individuals ; may have and hold coin and
bullion, may accept and execute all such trusts, whether
fiduciary or otherwise, as shall or may be committed to it by
any person or persons, or by the order and direction of any
court or tribunal, or other legally constituted authority of
the state of Illinois, or of the United States ; may make such
special regulations in reference to trust funds or deposits,
66 BANKING INSTITUTIONS, ETC,
left for accumulation or safekeeping, as shall best aid the
said depositors or parties interested, by accumulating and
increasing the same, allowing and receiving such interest
therefor, not greater than that hereinbefore specified, as
may be agreed upon.
Possession of § ^- I^ ^hall be lawful for the company hereby incor-
reai estate, poratod to purchase and hold such real estate as may
be convenient for the transaction of its business, and to
take and hold any real estate in trust, or otherwise, as secu-
rity for and in payment of loans and debts due or to be-
come due to the said company or others ; to purchase real
estate at any sale made in virtue or on account of any loan,
debt, mortgage or trust made to or by said company, and
to receive and take in satisfaction of any such loan or debt
any real estate, and to hold and convey the same, and to ac-
quire, hold, possess, use and enjoy, and the same to sell,
convey, lease, and dispose of all such real estate and per-
sonal property as is or may be necessary for the use of this
corporation, or as may be deemed by the directors proper
and necessary to carry on the business and accomplish the
object of the company, or for the promotion of its interests.
Directors. § 5. The affairs of this company shall be managed by a
board of directors of at least five, who shall be stockholders
in the company ; such election shall take place when two
thousand dollars shall have been subscribed, and five per
cent, paid thereon ; and three of the corporators herein
named shall be commissioners to open books for subscrip-
''^'°'^^tion'^°^'^' ^^^^- "^^^ money so received by the commissioners shall
be paid over to the directors when elected. The directors
shall elect a president, vice-president, and cashier, from their
By-laws. body annually ; make and execute such by-laws as may be
convenient and necessary for the proper prosecution of its
business, not inconsistent with this act, or with the laws of
this state or of the United States ; but no by-laws of this
corporation shall be passed without the consent of a ma-
jority of the directors, and all the acts of the duly appoint-
ed ofiScers and agents of this company, done and performed
under its authority, shall be binding on the company.
Misnomers. § 6. A misuomer of said corporation in any deed, gift,
grant, or other instrument, contract or conveyance, shall
not vitiate the same, if the corporation shall be sufficiently
described therein to declare the intention of the parties.
Time, place and § '^' The election of directors of this company shall be
iToMfng eiec- ^^^^ annually at the office of the company, and the board
tions for direc- shall give at loast ten days' thereof to the stockholders, in
such manner as they may determine. Every election for
directors shall be by ballot, and the name and number of
shares of each stockholder voting shall be indorsed on the
ballot, and a plurahty of votes shall elect; every stock-
holder shall be entitled to one vote for every share of capi-
tal stock standing in his or their name on the books of the
BANKING INSTITUTIONS, ETC. 67
company, and he may vote in person or by proxy. Any
omission or failure to elect directors shall not impair in
any wise the right of stockholders, depositors, or others in-
terested. The directors so elected shall hold until their
successors are duly elected and qualified.
§ 8. Within sixty days after the election of the first Payment of
board of directors, as provided for in section seven of this ^'^^^es of stock.
act, the board of directors may call in an additional sum of
ten per cent, on each share of said stock, to be paid at such
time and place as the directors may direct, on due notice
given to said subscribers. The shares of every stockholder
omitting to make such payment, shall be forfeited, together
with all previous payments made thereon. After the pay-
ment of five per cent, on each share of stock subscribed, as
provided in the foregoing section, the said company shall
be considered fully organized, and after the further pay-
ment of ten per cent, on each share of the capital stock
subscribed, the company may commence its business, full
enjoyment of the privileges of this charter, at such place or
places in the county of La Salle as the said board of direc-
tors shall direct,
§ 9. The board of directors shall have power to call for payment of bai-
the payment of the balance due on the subscription of the ^"'^^ "^"^^
stock of this company at such times as they may think
proper, and in event of the non-payment of the balance due
from any stockholder on his stock within sixty days after
due notice, it shall be lawful for the directors, at their op- saie ef share of
tion, to enforce such payment, or to sell at public auction to gfj^^i-'gof^lefg
the best advantage the amount of stock in the name of the
said non-paying stockholder, who shall thereupon cease to
be a stockholder in this company, and the purchaser or pur-
chasers of said share or shares of stock shall have and enjoy
all the privileges and profits accruing or accrued to the said
shares of stock, and become liable for the payment of all
calls then due or thereafter made on said shares of stock.
§ 10. The board of directors shall have the power to Dividends.
declare dividends on the stock of the said company from
time to time, and at any time after the accumulations of '
profits of said company shall exceed five per cent, on the
amount of capital actually paid in : Provided, that in no proviso.
case shall the amount of any dividend be paid over to any
stockholder on his or their stock until the amount of fifty
per cent.'per share has been paid in to the said company.
§ 11. At any time after the full payment of the original increase of
capital of fifty thousand dollars into the company as' here- *^*^'
inbefore provided, the board of directors may increase the
capital of the company to the amount limited, or any part
thereof, in shares of fifty dollars each, in such manner as
they may deem proper; and the said increased stock shall
be subject to all the liabilities, immunities and privileges of
the original stock provided in this act. Stockholders shall
68
BANKING INSTITUTIONS, ETC.
Deposits of mi
nors and mar
have the option of subscribing to such increased stock p^o
rata, with such time as the directors may Hmit, of which
due notice is to be given.
§ 12. When any deposit is made by any person being a
riedf women'." miuor, or by a female, on hereafter becoming a married
woman, in her own name, the said corporation may pay to
each depositor such sums as may be due to him or her, and
the receipt or acquittance of such minor or married woman
shall be a legal discharge to said corporation therefor.
Officers secu- § 13. All officcrs of Said corporation shall respectively
give such security for their fidelity and good conduct as the
board of directors may from time to time require, and said
board shall fix the salaries of such officers.
^charter ^ °^ § -'^- "^^^^ ^^^^ ^^^^^ ^^^^^ ^^^' ^^® ^^^^ *^^"^ ^^ ^^V J^arS
next succeeding the first day of April, a. d. 1867, and shall
be entitled to use all its corporate powers, rights and privi-
leges for the period of two years thereafter, for the sole
purpose of closing up its affairs, and none other.
Business and § 15. This cornoratioii shall not ensjage in any general
or commercial bankmg or exchange business, and shall
confine its business exclusively to the receipt and care of
savings and trust funds; whenever default shall be made in
the payment of any debt or liability contracted by this cor-
poration, the stockholders shall be individually liable, pro
rata, according to the shares of stock severally held by
them, and such liability shall continue until six months
after the assignment of the stock and publication of a notice
thereof in the newspaper publishing the letter list of the
place where the office of the association is located. This
act shall be subject to any general law that may hereafter
be passed relating to savings' banks or institutions of a
similar nature ; and it is hereby provided that in case said
corporation shall not commence and continue business
within two years from the passage of this act, the franchise
and privileges herein granted shall be forfeited.
§ 16. This act shall take effect and be in force from and
after its passage.
Approved March 5, 1867.
operations.
In force March AN ACT to incorporate the Merchants' and Mechanics' Savings Banii of
^' ""• Danville.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Oliver
o«rporaiors. L. Davis, Jolm C. Short, Mason M. Wright, William Gid-
dings, John R. Aylsworth, Aaron A. McDonald, Robert
A. Short, Perry Fairchild and Joseph Smith, and their
BANKING INSTITUTIONS, ETC. 69
•
associates and successors, and such persons as shall become
stockholders in the company hereby created, shall be a body
politic and corporate, by the name and style of "The Mer- Nameandstyie.
chants' and Mechanics' Savings Bank of Danville," to be
located in the town of Danville, in the county of Vermilion,
and state of Illinois ; and shall have succession, a common Powers.
seal, with power to sue and be sued, to plead and be im-
pleaded, contract and be contracted with, to appoint all
necessary officers, servants and assistants, and may have,
enjoy, and exercise all powers necessary to carry out and
execute the purposes and intents of a trust, deposit and
loan company.
§ 2. The capital of the said corporation shall be fifty capiui stock.
thousand dollars, with liberty to increase the same to
five hundred thousand dollars, to be subscribed and paid
for in the manner hereinafter provided, and shall be divided
into shares of one hundred dollars, which shall be deemed
personal property, and shall be transferable on the books
of said company in such manner as its by-laws may pre-
scribe.
§ 3. The said corporation shall have power to borrow Business and
money and receive money on deposit, and pay interest "p®''**'®"^-
thereon, and to loan the said money at any rate of interest,
not exceeding that now or hereafter by law allowed to indi-
viduals, and to take such security, real or personal, as the
directors or managers of said company shall deem sufficient ;
may accept and execute all such trusts whatever, fiduciary
or otherwise, as shall or may be committed to it by any
person, persons or other corporation, or by the order and
direction of any court or tribunal, or other legally constitu-
ted authority of the state of Illinois, or of the IJnited States;
may make such special regulations in reference to trust
funds or deposits left for accumulation or safe keeping, as
shall best aid the said depositors or parties interested, by
accumulating or increasing the same, allowing and receiving
such interest therefor, not greater than that heretofore
specified as may be agreed upon.
§ 4. It shall be lawful for the company hereby incorpo- possession of
rated to purchase and hold such real estate as may be con- '®*^ ^^'*'®-
venient for the transaction of its business, and to take and
hold any real estate in trust or otherwise as security, for or
in payment of loans and debts due or to become due to the
said corporation or others ; to purchase real estate at any
sale made in virtue or on account of any loan, debt or mort-
gage, or trust made to or held by said corporation, and to
receive and take in satisfaction of any loan or debt, any
real estate, and hold and convey the same, and to acquire, conTeyance of.
hold, possess and use and enjoy the same; to sell, lease,
convey and dispose of all such real estate and personal pro-
perty as it may deem necessary for the use of said corpora-
tion, or as may be deemed by the directors proper and neces-
TO
BANKING INSTITUTIONS, ETC.
Calls for shares
Organization.
Payment of
suDscriptions,
sary to carry on the business and accomplish the objects of
the corporation, or for the promotion of its interests.
§ 5. The affairs of the company shall be managed by a
board of directors of at least five in number, a majority
of whom shall constitute a quorum for the transaction of
business, who shall be stockholders in the corporation.
The election of such directors shall be had by the stock-
holders when thirty thousand dollars shall have been sub-
scribed to the capital stock of said corporation, and ten per
cent, paid thereon, and three of the corporators herein
named shall be commissioners to open books for subscription.
§ 6. The election of directors shall be held annually at
the office of the corporation, and the board shall give at
least ten days' notice thereof to the stockholders, in such
manner as they may determine; every election for directors
shall be by ballot, and the number of shares owned by each
stockholder shall be indorsed on the ballot by the person
or persons who may receive the same, and a plurality of
votes shall elect. Every stockholder shall be entitled to one
vote for every share of stock standing in his or their name
on the books of the corporation, and he or they may vote
in person or by proxy ; any omission or failure to elect
directors shall not in anywise impair the rights of stock-
holders, depositors, or others interested, and the directors
in office shall hold over until their successors shall have
been elected.
§ 7. Within sixty days after the election of the first
board of directors, as provided in section 5 of this act, the
board of directors shall call in an additional sum of ten
dollars per share on each share of said stock, to be paid at
such time and place as the directors shall appoint, on due
notice to said subscribers; the shares of every stockholder
omitting to make such payment shall be forfeited, together
with all previous payments made thereon. After the pay-
ment of five dollars per share on the amount subscribed as
provided in the foregoing section, the corporation shall be
considered fully organized, and after the payment of fifteen
dollars per share on the whole number of five hundred
shares of the capital stock of the corporation, they may
commence business in the full enjoyment of the privileges
of this charter at such place in the said town of Danville
as the said directors may designate.
§ 8. The board of directors shall have power to call for
the payment of the balance due on the subscription to the
stock of this corporation, at such time as they may deem
proper, and in the event of the non-payment of the balance
due by any stockholder on his stock within sixty days after
due notice, it shall be lawful for the directors, at their
option, to enforce such payment, or to sell at public auction,
to the best advantage, the amount of stock standing in the
name of said non-paying stockholder, who shall thereupon
BANKING INSTITUTIONS, ETC. 71
cease to be a stockholder in the corporation, and the pur-
chaser or purchasers of said shares of stock shall have and
enjoy all the privileges and profits accruing on account to
the said shares of stock, and become liable for the payment
of all calls thea due or thereafter made on such shares of
stock.
§ 9. The board of directors shall have power to de- Diyidende.
clare dividends on the stock of the said corporation from
time to time, after the accumulation of the profits of said
corporation shall exceed five per cent, on the amount of
capital actually paid in : Provided^ said dividend shall not
reduce the surplus of profits of the corporation below five
per cent, on the amount of capital actually paid in; but in
no case shall the amount of any dividend be paid over to
any stockholder on his or their stock until the amount of
twenty-five dollars has been paid into said corporation.
§ 10. At any time after the full payment of the original increase of the
capital of fifty thousand dollars into the corporation as *"''*^'*'^'
hereinbefore provided, the board of directors may increase
the capital stock of the corporation to the amount limited,
or any part thereof, in shares of one hundred dollars each,
in such manner as may be deemed proper, and such increase
shall be liable and subject to all the liabilities, immunities
and privileges of the original stock as provided in this act.
Stockholders shall have the option of subscribing to such
increased stock, pro rata, within such time as the directors
may limit, of which due notice is to be given.
§ 11. That any real estate acquired in fee by this cor- saie and eon-
poration, either by purchase or in payment or satisfaction JsYateacquf/ed
of any loan or debt, and not held in trust or security, other in f«e-
than what shall be necessary for the convenient use of the
same for the transaction of its business, shall not be held
by the said corporation longer than ten years ; and shall
within that time be sold and conveyed, either at public or
private sale, so as to divest the corporation of the title to
and in fee in the same.
§ 12. This corporation shall not engage in any general ^o^^j^^jong X-
or commercial banking or exchange business, and shall fined,
confine its business exclusively to the receipt and care of
savings and trust funds. Whenever default shall be made
in the payment of any debt or liability contracted by this
corporation, the stockholders shall be individually liable, '
pro rata, according to the shares of stock severally held by
them, and such liability shall continue until six months
after the assignment of the stock and publication of a notice
thereof in the newspaper publishing the letter list of the
place where the office of the association is located. This
act shall be subject to any general law that may hereafter
be passed relating to savings banks, and institutions of a
similar nature, and it is hereby provided that in case said
corporation shall not commence and continue business
72 BANKING INSTITUTIONS, ETC.
within two years from the passage of this act, the franchises
and privileges herein contained shall be forfeited.
Assessments of § 18. The stock of the company incorporated under
stock. ^j^jg ^(3^ gjj^i] i3Q assessed, ;pro 'rata, in proportion to its
value as other personal property, and they may deduct from
the assessed value of such shares the assessed value of all
real estate held by said corporation, or such amounts of the
capital stock of said company as shall be invested in United
States bonds, and all indebtedness of said company to per-
sons within the state of Illinois.
Existence of § 14:. The Corporation hereby created shall exist for the
charter. ^gj.jjj ^f gfj-y y^ars from the passage of this act.
§ 15. This act shall take effect and be in force from and
after its passage, and shall be a public act.
Approved March 5, 1867.
In force March AN ACT to incorporate the German Banking Institution.
6, ISBT.
Section 1. Be it enacted ~by the People of the State oj
Illinois, represented in the General Assembly, That Paul
Corporators.: Q Schugh, Charlcs Gcricke, Fridolin Bross, Charles
Feuchter, Frederic Konsmeyer, Edward Buder, Louis
Houck, Leo Kleb, Christian Hany, Herman Meyer, Peter
Neff, Ernest Keichert, Andrew Loher, Jacob Lehning and
Charles Schoenmeyer, and their associates and successors,
and all such persons as shall become stockholders in the
corporation hereby created, shall be a body politic and cor-
Namesind.tjie. ppj-ate, by the name and style of "The Cairo German
Banking Institution ;" and by that name they and their
successors shall have perpetual succession, and shall have
a common seal, (which may be changed at pleasure), and
Powers. power in law and equity, of suing and being sued, of plead-
ing and being impleaded, contracting and being contracted
with, and to appoint all necessary officers, clerks and agents ;
and to be located in the city of Cairo, county of Alexander,
and State of Illinois.
Capital stock. § 2. The Capital stock of said corporation shall be
twenty-five thousand dollars, divided into shares of fifty
dollars each, with power to increase the same from time to
time, by a vote of the directors, to be subscribed and paid
for in the manner hereinafter specified.
stock Bubicrip- § 3. A majority of the corporators herein named shall
tion. I ^Q and are hereby authorized, at any time within two years
after the passage of this act, to open books for the subscrip-
tion of the capital stock of the corporation, in the city of
Cairo, and to keep them open until the sum of twenty-five
thousand dollars shall have been subscribed, at which time,
BANKIJs'G INSTITUTIONS, ETC. 73
or as soon as convenient thereafter, tliej shall designate a
time and place for the first election of the directors of said Eieotion of di-
corporation, by the parties subscribing for the capital stock "''''°"-
thereof; and each share of stock so subscribed shall be en-
titled to one vote.
§ 4. The payment of the stock subscribed shall be made Payment ofsub-
and completed by the subscribers, respectively, at such scribed stock,
time, place and manner as said directors shall" prescribe ;
and no person shall be a director unless he be a bona fide
subscriber or stockholder.
§ 5. No subscriber of the stock of the corporation here- ^'^%, °^ ^^'"^^■
by created shall have the right to vote at the first election of
the directors, unle.'^s he shall havefir^t paid ten per cent, of
the amount subscribed by him to such a^ent as the corpora-
tors ot this act may designate ; nor shall any subscriber or
stockholder have, at any time, the right to vote at any elec-
tion held by virtue of this act, who shall be in detault to
the corporation for any payments, either in stock held by
him or otherwise.
§ 6. The corporation hereby created shall have power Business and
to borrow money, to receive money on deposit, and to loan °p"'''^*'^°'^-
the same; to buy and sell drafts, bills of exchange, bonds,
notes and other instruments in writing ; to allow interest
on money deposited ; to transfer from place to place gold
dust, gold and silver coin and bullion for emigrants and
others; to create, appoint and employ and establish such
oflicers, agents and servants as shall be necessary to carry
on the business of said corporation, and to pass such ordi-
nances and by-laws as shall be necessary and proper For
carrying into operation the powers granted by this act ; but
said ordinances and by-laws shall not be inconsistent with
the constitution and laws of this state.
§ 7. It shall be lawful for the corporation hereby created Possession of
to purchase and hold such real estate as may be convenient ''''''
and useful in the transaction of its business; and to take
and hold any real estate, in trust or otherwise, as security
tor, or in payment of loans and debts due or to become due
to said corporation ; to bid for and purchase real estate at
any sale made by virtue of or on account of any loan or
mortgag-e, or trust made to or held by or for said corpora-
tion, or in which it is interested, and to receive and take in
satisfaction of any loan or debt any real or personal estate,
R Q *i, ' "^®' Improve, lease and convey the same.
^ui- 1 -'-,"® f^*^^k and the afi^airs of the corporation hereby Di^etors.
established, shall be managed and conducted by nine direc-
tors; and the first board of directors, after being elected #
and quahfied, shall be divided by lot into three classes-
three to serve for one year, three for two years, and three classification of
{hjee years (and until their successors "are elected and
qualified,) so that every year only three directors be elected,
to serve for the term of three years; such election to be Election of
Yol. 1-6
74
Manner of vo-
ting for.
Vacancy.
President pro
tem.
Officers, etc.,
wages.
Stock personal
property as-
signable and
transferable.
Forfeited
shares.
Limited BHb-
scrlptions.
BANKING INSTITUTIONS, ETC,
held in the city oi" Cairo, at such time, place and manner as
the board of directors shall, by ordinance or by-law, pre-
scribe, and shall be made by ballot, by plurality of the
stockholders ; and stockholders not present may vote by
proxy, made in v^^riting directly to the person representing
them at such election ; and in case it should happen that at
any time on the day the election of directors should beheld,
no election should be made, it shall and may be lawful on
any other day to make and hold an election of directors,
in such manner as shall be regulated by the by-laws of the
corporation.
§ 9. The directors chosen shall, as soon as may be after
every annual election of directors, proceed to choose out of
their own number a president, who shall hold his office un-
til the election of his successor. Said president shall per-
form such services and have such powers as may be conferred
upon him by the by-laws of the coporation. In case of the
death or resignation of the president or any of the direc-
tors, the vacancy may be Ulled by the board of directors ;
and in the event of the absence of the president, the board
of directors shall have the power to appoint a president, j!?w
tempore, who shall have all the powers and perform all the
duties of the president regularly chosen.
§ 10, The said directors may, by by-laws, direct in what
manner the business of the corporation shall be done ; and
they shall have power, subject to such by-laws, to appoint
from their own body one or more assistants to aid in the
performance of the business of the corporation, with such
compensations and allowances as they shall think proper;
and they shall have power to declare and make dividends
of the profits arising out of the business of the corporation,
and fix, allow and pay out of the funds of said corporation
the officers, agents and servants of said corporation such
wages, salaries and compensations as they shall think proper
and reasonable ; but no by-laws of the corporation shall be
passed without the consent of a majority of the directors.
§ 11. The stock of the corporation shall be deemed per-
sonal property, and shall be assignable and transferable,
according to such rules and regulations as the board of di-
rectors shall from time to time make and establish.
§ 12. The directors shall also have the right, in case
that any stockholder shall fail to pay any installment for
thirty days after a call thereof, by publication or otherwise,
to declare the stock of such stockholder so in arrears for-
feited to the corporation, together with the sums already
l)aid thereon ; or, at their option, sue for and recover the
entire amount of subscription remaining unpaid.
§ 13. Until the first election of directors by the stock-
holders shall have been held, it shall not be lawful for any
one person to subscribe more than fifty shares of the stock
of the corporation ; and the directors elected by the stock-
BANKING INSTITUTIONS, ETC. 75
holders shall be authorized to limit the number of shares
which shall be held by any one person, and to alter and
abolish such limits whenever they may deem it proper to
do so.
§ 14. All contracts and other instruments in writing, contracts, etc.
which may be made or entered into by said corporation,
shall be subscribed by such officer or officers, agent or
agents as shall be authorized by the ordinances and by-
laws of the corporation ; and being so signed shall be bind-
ing upon ^id corporation ; and all such contracts and
instruments in writing may be signed and carried on witiiout
the presence of the board of directors, by its officers, assist-
ants and agents. This corporation shall not take on deposit
any savings or trust funds, or in any way engage in a sav-
ings banking business.
§ 15. This act shall be and is hereby declared to be a construction of
public act, and the same shall be as such liberally construed,
and shall take effect and be in force from and after its pas-
The stockholders herein shall be responsible, in their stockholders re-
individual property, in double the amount of their stock, to Ind^uabliuies.
make good all losses to depositors or others ; and no assign-
ment of their stock shall release them from said liability,
until after the fact of such assignment and name of the per-
son to whom made, and the amount of said stock shall have
been advertised in some public newspaper, printed in the
county where this corporation is doing business and located,
for the period of three months.
This act shall be void unless said company shall organize Time of org.n-
and. proceed to business within two years after the passage '^'^'°° imited.
hereof. The said company shall be subject to the provis-
ions of any law hereafter passed on the subject of banking,
trust and deposit companies.
Appeoved March 6, 1867.
AN ACT to incorporate the Mutual Trust Society. ^° X'^im"''^
Section 1. Be it enacted by the People of the State of
lUinoi, represented in the General AemUy, That S. J. corporators.
Anthony, Andrew Brown, Erastus Bailey, Paul Cornell,
Charles Cloyes, Gilbert Hamilton, Van H, Higgins, Alonzo
Huntington, Joseph Kettlestrings, Gustavus Knoblauch,
J. A. McCuUoch, George Scoville, William H. Shackford,
R. K. Swift, Michael Ward, and all others, who may
become associated with them as subscribers to the stock of
the society hereby created, their successors and assigns for-
ever, be, and they hereby are, created and made a body
76 BANKING INSTITUTIONS, ETC.
politic and corporate, for the objects and purposes herein-
Name and style after named, bv the name and style of the " Mutual Trust
Society ;" and by that name shall be, and hereby are, em-
powered to purchase, have, hold, possess and erijoy, l)y
^vTeg^s.^"'^^'^'' themselves, successors and assigns, forever, lands, tene-
ments, hereditaments, money, goods, chattels, choses in
action, and elfects of every kind, and the same to grant, sell,
alien, improve, lease, invest, loan and dispose of; to sue
and be sued, plead and be impleaded, in all courts of law
and equity; to have and use a common seal, and the same
to change, alter, or renew at pleasure; and to have and
exercise all other needful powers, to carry out, execute and
fulfill the olijectsand purposes hereinafter named.
Objects and | 2. The chicf objccts and purposes of the said society
purposes. ^^^ declared to be to provide convenient means for the
uniting and employment of capital or other values,
througli any desirable period of time, for accumulation, and
ultimately the net proceeds of any trust or trust estate con-
fided to the society for accumulation, to apply as may 1)6
desired or contracted for by and between the said corpora-
tion and any owner or holder of a certificate or certificates of
shares in its capital stock, to promote or advance any of the
objects or purposes named or alluded to in this act of incor-
poration, and wliich objects and purposes shall be, in
substance, some one or more of the following, viz :
^ete"^'' ^""*^^' ^'^'f'st. — To invest and re-invest the capital stock and
funds of said society in merchantable and interest-bearing
securities or in rents ; and any part thereof to sell and the
proceeds re-invest in like securities or rents; and the
yearly net profits realized therefrom to appropriate and dis-
pose of as hereinafter named.
Execute and Secondiy. — The society may accept, execute and fulfill
for and at the request of any stockholder in the said capital
stock and upon his, her or their contribution of money or
other acceptable values, in aid of such request and trust —
the chief objects and purposes of which shall be expressed
in any such trust — to encourage, advance or promote some
industrial, charitable, benevolent, sanitary or educational
purpose, enterpriser or undertaking, or to secure, advance
or promote the welfare of the survivors or survivor or de-
scendants of families, or to encourage, iiromote or advance
some worthy object, intended for public good ; and the
society may "also accept of, execute and fulfill any trust or
trusts of the nature of tcmtine for any combination of indi-
viduals of one or more families, whether they be blood
relations or not and for their mutual benefit, or for the bene-
fit of the survivors or survivor of them or of any of them.
§ 3. The business and affairs of the said corporation
shall be managed by a board of not less than three n(»r
more than fifteen directors, and such oflticers and agents in
this state and other states and places, as they may appoint.
fulfill trusts
etc.
BANKING INSTITUTIONS, ETC. 77
The first board of directors shall be elected by the corpora- How elected.
tors aforesaid, or such of them as may act, together with
such other persons as may become associated with them as
subscribers to the stock of said society ; and thereafter the
said directors shall be elected by bailor, by and from
the stockholders of said society. They shall hold their Term of office.
offices for the term of three years and until others shall be
elected or chosen to fill tlieir places. In case of a vacancy
by death, resignation or otherwise, the remaining directors
may fill such vacancy by aj^pointment until the next regular
election, A majority of said directors shall always be Residents of the
residents of the state of Illinois. The said board of direct- state.
ors shall have power to ordain and put in execution such sy-iaws and
by-laws and regulations as they may deem proper for the regulations.
well-ordering and government of said corporation ; Fro-
vided, they be not repugnant to the laws of the United
States or of this state, or to the provisions of this act of
incorporation. They shall have power to appoint all such ^
... ^ , '' . ^1 • 1 1 • 1 1 1 ^ /• General powers
omcers and agents as they may tnink clesirabie, and to iix and duties.
their salaries, compensation, duties and terms of office.
They shal require the officers in charge of the home office
of said society to make out an annual report of the resour-
ces and liabilities, receipts and expenses, business and losses
of the society, to be verified by affidavit — of which report
each stockholder shall be entitled to a copy. The home
office of said society shall be located in the city of Chicago.
Contracts to which said corporation may be a party shall be
valid and binding, with or without the seal of said corpora-
tion attached.
§ 4. At any time within five years from and after the organization.
passage of this act the said corporators, or such of them as
may act, shall proceed to organize the society, by the
election of the first board of directors, and open books stock subaerip-
for subscription for the capital stock of said society. And *'°'^'
subscribers therefor may be required to pay for the stock
80 subscribed for by them, in installments, as may be
ordered by said board of directors ; and they may and shall
forfeit, for the use of the society, all installments and pay-
ments that may have been made by them thereon, upon
failure to make due and punctual payment of any install-
ment that may be called for or ordered by said directors, vote of stock-
§ 5. At all elections for directors the stockholder shall holders.
be entitled to one vote, by themselves or proxy, for each
share of stock held and owned by them respectively.
§ 6. Shares in said capital stock shall be transferable shares trans-
only in the books of said corporation, according to the rules ^^'■^''*^-
and regulations of the society.
§ T. The said capital stock may be acquired by issue capital stock
and sale of certificates of shares therein, in such sums per fsXf«tl ^^
share and with such grades of preference as to a share or
shares in the dividends of the net profits of the society, and
78 BANKING INSTITUTIONS, ETC.
with such terms and conditions as to the retirement or
extinguishment of any such share or shares, as the said
directors, or a majority of them, may deem proper to ordain,
Total »mountof ^^ ^r establish. The total amount of said capital outstand-
capitai stock, ing at any one time may be to the extent of three hundred
thousand dollais.
Sale Md ex- § 8. It shall be lawful for the society to sell or exchange
tificafeV "^^ its certificates of shares in said capital for valuable interests
in lands or rents of lands or for any valuable service
rendered by any person or persons to the society.
Disposition of § 9. The yearly net profits of the society shall be ap-
^early net pro- pj.Qp,.J^|.g(J ^^^"^ dispOSed of aS folloWS I
First. — One-tenth part thereof shall be set apart and go*
to a fund to be designated in the books and vouchers of the
"First Reserve socicty as the " First Reserve Fund ;" and it and its net
^^^^•" increase shall be invested and re-invested in merchantable
securities by the society, for account of said reserve fund,
until it and its net accumulations shall amount lo the full
sum and value of fifty thousand dollars, when, and so often
as the sum last above named is so accumulated as last afore-
said, then and so often the same shall be and hereby is
appropriated and shall be paid out by said society to defray,
to the extent of said sum, the cost or expense of such ob-
jects or purposes as may be deemed most beneficial to the
worthy poor in said city as the mayor and common council
of said city may direct or approve.
/Secondly. — One other or tenth part of said yearly net
profits shall be set apart and go to a fund to be designated
"Second Ro- in the books of the society as the " Second Reserve Fund ;"
serve fund." ^^^^ -^ ^^^^ .^^ ^^^ iucreasc shall be invested and re-invested
in merchantable securities by said society until said fund
last above named and its net increase shall be deemed
sufficient to purchase suitable grounds and to construct
thereon suitable fire-proof buildings and fireproof safety
vaults, for the needful use of the society and the trusts it
may accept to execute and fulfill ; and upon the completion
of the purchase of such grounds and of said buildings and
vaults, from then and thenceforth the said fund last above
named and its remainder may be appropriated to such
other uses, for the benefit of the society, as the said direct-
ors may deem most beneficial to the permanent welfare of
Dividends. this Corporation. And, thirdly. — The remainder of said
yearly net profits shall be appropriated and paid in divi-
dends to owners of certificates of shares in the said capital
stock, in sums and amounts in accordance with the terms
of the certificates of ownership of shares in said capital held
by them respectively.
Ljg^g § 10. No trust or trusts accepted by the directors shall
in any way be a charge or lien on the said capital or on
either of the said reserve funds, nor shall any part of said
BANKING INSTITUTIONS, ETC.
79
capital or reserve funds be used or appropriated for any
such trust or trusts.
§ 11. The business aflfairs, funds and values of each and Fundi kept se-
every trust accepted for the society, by the directors, shall p^''^'^-
be kept separate, each for its own account, except otherwise
especially provided for in tlie deed or any deed creating
such trust or trusts, and each of such trusts shall be at its
own individual risk as to losers on securities taken in good
faith, and taken for the respective accounts of any such trusts.
§ 12. Nothing herein contained shall be construed to
authorize the business of banking. Banking busi-
§ 13. This act shall be deemed to be a public act, and ness prohibited
take effect from and after its passage.
Approved March 6, 1867.
AX ACT to incorporate the McLean County Banking Institution. la force March
6, 1S67.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That Owen
T. Reeves, Michael Swann and B. F. Betsee, and their Name and style
associates and successors, and all such persons as shall
become lawful stockholders in the institution hereby created,
shall be a body politic and corporate, by the name and style
of ''the McLean County Banking Institution ;" and as such,
shall have succession, a common seal, power to plead and p^^^j.^
be impleaded ; to appoint all necessary officers, servants and
assistants ; and may have and enjoy, and exercise, all the
powers necessary to carry out the purposes of a savings insti-
tution—to be locate in Bloomington, McLean county, Illinois.
§ 2. A majority of the corporators herein named, may
proceed to open books for subscription to the stock of said
institution, and shall, at the same time, or thereafter, desig- g^og^ gubscrip-
nate a time for the tirst election of trustees of said institu- 'ion.
tion, by parties subscribing to the stock thereof; and each
share of stock, so subscribed for, shall be entitled to one vote.
§ 3. The capital stock of said company shall be fifty
thousand dollars, with power to increase the same to five
hundred thousand dollars; to be subscribed and paid for in
the manner prescribed by the by-laws to be framed by said capital stock.
institution, and shall be divided into shares of one hundred
dollars each, which shall be deemed personal property, and
shall be transferable on the books of said institution, in such
manner as its by-laws shall prescribe.
§ 4. The said institution shall have power to borrow Business and
money, and receive money on deposit, and to loan money, oper^'ion"-
either within or without this state, at any rate of interest
not exceeding that now or hereafter, allowed by law to
80
Possession of
real estate.
By-laws.
nankin^ pro-
hibited.
Time of orKan-
ization limited
&c.
BANKING INSTITUTIONS, ETC,
private individuals ; and to discount, in accordance with the
usages of banks, (and in computation of time, thirty days
shall be a month, and twelve months a year;) and to make
such loans payable either within or without this state ; and
to take such securities therefor, real or personal, or both, aa
the trustees or managers of said corporation shall deem
sufficient, and may secure the payment of such loans by
deeds of trust, mortgages or other securities ; may have
and hold coin and bullion, and buy or sell the same ; may
accept and execute all such trusts, whether fiduciary or
otherwise, as shall or may be committed to it by any persqn
or persons, or by the order or direction of any court or
tribunal ; may make such special regulations in reference
to trust funds as shall be agreed upon with the depositors
or parties interested ; and may issue letters of credit and
other commercial obligations.
§ 5. It may be lawful for the institution hereby incor-
porated to purchase and hold such real estate as may be
convenient in the transaction of its business, and to take
and hold any real estate in trust or otherwise, as security
for or in payment of loans and debts due or to become due
to said institution ; to purchase real estate at any sale made
in virtue or on account of any loan or mortgage or trust
made to or held by or for said corporation, or in which it
is interested ; and to receive and take in satisfaction of any
loan or debt, any real or personal estate, and to hold, use,
improve and convey the same.
§ 6. The affairs of the institution shall be managed by
a board of trustees, at least three in number. After the first
election, as herein provided, the trustees shall be elected
by the stockholders, at such times, places and in such man-
ner, as shall be prescribed by the bydaws of said institution.
The trustees of said institution shall be elected annually ;
but any failure or omission to elect trustees shall in no-
wise impair or affect the rights or interests of stockholders,
depositors or others interested.
I 7. The trustees shall have the right to form all such
by-laws as in their judgment shall be necessary for the
government and management ot the affairs and business of
said institution : Provided, that they shall contain nothing
inconsistent with the laws and constitution of this state or
the United States.
§ 8. The trustees shall have the right to declare divi-
dends out of the earnings of said institution.
§ y. This corporation shall not take on deposit any
savings or trust funds, or in any way engage in a savings
banking business. This act shall be a public act, and shall
be in force and take efiect from and after its passage.
§ 10. This act shall be void, unless said company shall
organize and proceed to business, within two years after
the passage hereof. The said company shall be subject to
BANKING INSTITUTIONS, ETC.
81
the provisions of any general law hereafter passed on the
subject of banking, trust or deposit companies.
Approved March 6, 1867.
AN ACT to charter the Mascoutah Heal Estate and Savings Bank. In foroe^March
Section 1. Be it enacted hy the People of the State of
Illinois^ repesented in the General Assembly, Ihat Max
Speel, Alexander Ross, Wilhain Mans, Geo. C. Eisenmeyer,
Philip Postel, Andrew Eisenmeyer, George Swaggart, their
associates, heirs and assigns, and all such persons as shall
become stockholders in the corporation hereby created, and
their successors shall be a body politic and corporate, ^.Y j^^j^^ ^^^^ ^t le
the name and style of the "Mascoutah Real Estate and ^™®^" *^®
Savings Bank," and shall have a common seal, power to
plead and be impleaded, to appoint all necessary othcors,
servants and assistants, and be located in the city of Mascou- Location,
tab, ill St, Clair county, Illinois.
§ 2. A majority ot the corporators herein named, may stock subscrip-
proceed to open books for subscription to the stuck of said
company, and shall, at the same time, or hereafter, desig-
nate a time and place for the tirst election of directors
of said company, by parties subscribing to the stock thereof,
and each share of stock subscribed for, shall be entitled to
one vote.
§ 3. The capital stock of said company shall be one capital stock.
hundred thousand dollars, with power to increase the same
to live hundred thousand dollars, to be subscribed and paid
for in the manner prescribed by the by-laws to be formed
by said company; and shall be divided into shares of one
hundred dollars each, which shall be deemed personal
property, and shall be transferable on the books^ of said
company in such manner as its by-laws may prescribe.
§ i. ' The said corporation shall have power to borrow b ^^^^.^^^
money, and to receive money on deposit, and to pay interest op<'r'*>°°^-
thereon ; and to loan money either within or without this
state, at any rate of interest not exceeding that now or
hereafter allowed by law, to private individuals, and in com-
putation of time, thirty days shall be a month, and tvvelve
months a year, and to make such loans payable either within
or without this state, and to take such securities therefor,^
real or personal, or both, as the directors or managers of
said corporation shall deem sufficient; and may secure the
payment of such loans by deeds of trust, mortgages, or other
securities, either within or without this state ; may accept
and execute all such trusts, whether fiduciary or otherwise,
as shall or may be committed to it by any person or persons,
BANKING INSTITUTIONS, ETC.
Married women
and minors
privileges of.
Purchases of
real estate, 4c.
Directors,
Officers, agents
etc.
Forfeiture
stock.
or by the orders or directions of any court or tribunal or
other legally constituted authorities of the state of Illinois,
or of the United States, or elsewhere ; may make such
special regulations in reference to trust funds or deposits
left for accumulation or safe keeping, as shall be agreed
upon by the depositors or parties interested, for the purpose
of accumulating or increasing the same ; and may secure
the payment of any loans made to said company in any
way the directors may prescribe.
§ 5. Married women and minors may, in their own
names, subscribe for stock, and deposit money in said cor-
poration, and receive certificates of stock and of deposits in
their own names, which stock and deposits shall be subject
to their disposal and order only.
§ 6. It may be lawful for the company hereby incorpo-
rated to purchase and hold such real estate as may be con-
venient and useful in the transaction of its business, and to
take and hold any real estate, in trust or otherwise, as
security for and in payment of loans and debts due or to
become due, to said company; to bid for and purchase real
estate, at any sale made by virtue of or on account of any loan,
or mortgage, or trust, made to or held by or for the said
company, or in which it is interested ; and to receive and
take, in satisfaction of any loan or debt, any real or personal
estate; and to hold, use, improve, lease and convey the
same.
§ 7. The aflairs of the company shall be managed by a
board of directors, at least three in number, after the first
election as is herein provided. The directors shall be elected
by the stockholders, at such time and place, and in such
manner as shall be established by the by-laws of such com-
pany. The directors of said company shall be elected
annually, but any failure or omission to elect directors shall
in nowise affect the rights and powers holding over, or the
rights or interests of the stockholders, depositors, or others
interested.
§ 8. The directors shall have the right to form by-laws,
for the appointment of other officers, agents and others
necessary for the company's service, and for regulating
their own proceedings and the company's operations ; how-
ever, not inconsistent with the constitution and laws of this
state.
§ 9. The directors shall also have the right in case any
stockholder shall fail to pay any instaUment for thirty days
after a call thereof, to declare the stock of such stockholder
(so in arrears) fort'eited to the company, together with the
sums already paid thereon, or at their option, sue for and
recover the entire amount of subscription remaining unpaid ;
and shall have the right to declare dividends out of the
earnings of the company.
BANKINa INSTITUTIONS, ETC. 83
§ 10. The directors shall make an annual report to the A'^^"^* '"*'?<'''•
treasurer of the state of Illinois, of their acts and doings for
the previous year, such report to be verified by the afiidavit *
of the president or other proper oflicer of said company.
This corporation shall not engage in any general or com-
mercial banking or exchange business, and shall confine its Banking busi-
business exclusively to the receipt and care of savings and "d!^ p'^*'^'*''*"
trust funds, whenever default shall be made in the payment Exclusive busi-
of any debt or liability contracted by this corporation, the °^^^-
stockholders shall be individually liable, pro rata, according ^jfj^j^lfoi^erg"'
to the shares of stock severally held by them, and such
liability shall continue until six months after the assignment
of the stock and publication of a notice thereof, in the
newspaper publishing the letter list of the place where the
office of the association is located. This act shall be subject
to any general law that may be hereafter passed relating to ^g^enS^fawt
savings banks or institutions of a similar nature, and it is ^('■
hereby provided that in case said corporation shall not
commence and continue business within two years from „ , ., .
the passage of this act, the franchises and privileges herein franchise.
granted sliall be forfeited.
§ 11. Until the sum of ten thousand dollars shall have c^^mence^^^^^
actually been paid in on subscription to capital stock, the ne»3. '
company shall not comm.ence business*.
§ 12. This act shall be a public act, and be in force from
and after its passage.
AN ACT to incorporate the Ottawa Loan and Trust Company. in force March
7, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That William
Hickling, I. F. Nash, W. Bushnell, M. H. Swift, Kobert
M. Mc Arthur, E. Y. Greggs and Julius Avery, and their
successors, are hereby constituted a body corporate and
politic, by the name of " The Ottawa Loan and Trust Com- Name,
pany," to be located in the city of Ottawa, in said state.
§ 2. That said corporation shall be authorized to receive May receive de-
from any person or persons who may wish to enjoy the P^^^f^."' ™°'''
advantage of the same any deposit or deposits ot money
and to use and improve the same for the purposes and ac-
cording to the directions herein prescribed.
§ 3, That all deposits of money received by said corpo- ^''P°/'J^t,°n"°o^
ration shall be used and improved to the best advantage and deposug.*''*
in a manner not inconsistent with the laws of this state or
the provisions of this act, and the income or profits thereof,
not exceeding six per cent, per annum, shall be applied and
84:
BANKING INSTITUTIONS, ETC,
Rateofmterest.
Officers.
Vaeancies,
Quorum.
Pa}^ and emolu-
ments.
Conveyances
and agree-
ments.
Investment of
moneys.
Borrowing
money.
Certificates of
depoBits.
Issuing of bills
and notes pro-
hibited.
divided among he persons making such deposits, their ex-
ecutors or administrators in just proportion, and the princi-
pal of such deposits may be withdrawn at such times and
in such manner as the said corporation may direct and pre-
scribe ; and it shall be the duty of the board of trustees
of said institution to regulate the rate of interest to be al-
lowed to depositors, not exceeding the rate per cent, herein
specified, so that they shall receive a ratable proportion
thereof, after deducting all necessary expenses in the man-
agement of the business of such corporation. The rate of
interest to be allowed depositors to the amount of five hun-
dred dollars and upwards shall be at least one per cent, less
than the interest allowed others.
§ 4. That the business and property of said corporation
shall be managed by a board of trustees, thirteen in num-
ber, who shall at their first meeting and as often as may be
necessary, elect by ballot from their number, a president and
vice-president and cashier. The several persons named in
the first section of this act shall be the first trustees, and all
vacancies in said board shall be tilled at the next regular
meeting thereof after such vacancy shall arise, and the per-
son receiving a majority of the votes of the trustees present
shall be duly elected. Five trustees, of whom either the
president, vice-president or cashier shall be one, shall con-
stitute a quorum for the transaction of all ordinary business.
The trustees or managers of said corporation, as such, shall
not receive any pay or emolument for their services, but
this last provision shall not apply to the cashier or financial
officers of said corporation.
§ 5. That said corporation may have a common seal
which they may change or renew at pleasure, and that all
deeds, conveyances or grants, covenants and agreements
made by their president, cashier or other person, by their
authority and direction, according to their instructions, shall
be good and valid ; and said corporation shall at all times
have power to sue, and may be sued, to plead and be im-
pleaded and defend, and shall be ruled to answer by the
name and style of the corporation.
§ 6. It shall be lawful for said corporation to receive
and take on investment of moneys under this act a rate of
interest not exceeding ten per cent, per annum, as may be
directed by the board of trustees or managers thereof
§ 7. That no trustee or officer of said corporation shall
directly or indirectly borrow any of the moneys of said
corporation, or in any manner use the same except in the
lawful business of said corporation. All certificates or evi-
dences [of J deposit made by the proper officer or officers
shall be as effectual to bind the corporation as if made
under the common seal thereof; said corporation is hereby
prohibited from issuing any bills or notes to circulate as
money.
BANKING INSTITUTIONS, ETC. 85
§ 8. A misnomer of said corporation in any deed, gift, Misnomers.
grant, or other instrument, contract or conveyance, siiall
not vitiate the same if the corporation shall be sufficiently
described therein to declare the intention of the parties.
§ 9. The books of said corporation shall at all times Books open to
during the hours of business be open to the inspection and Lxlmfnauon?'^
examniation of the auditor of public accounts in this state,
and such other person or persons as the legislature, shall
designate or appoint. The corporation shall make a report
to the legisUture of this state on or before the first day of
January'in each year, when the stated sessions are held of
the state of their funds and investments.
§ 10. When any deposit is made by any person being a ^nPs^and^mTr-
minor, or by a female being, or hereafter becoming a mar- ned women,
ried woman, in her own name, the said corporation may
pay to each depositor such sums as may be due to him or
her, and the receipt or acquittance of such minor or married
woman shall be a legal discharge to said corporation
therefor.
§ 11. That said corporation are hereby authorized to Possession ^^of
take, hold and convey such real estate in the city of Ottawa p^sonai Vop-
as may be necessary and convenient for an office or place '"'^y-
for the transaction of its business, and such as may be con-
veyed to said corporation as security or in payment of debts
or purchased by it at sales under judgments or decrees re-
covered by or belonging to said corporation and such per-
sonal property as may be necessary and convenient for its
business.
§ 12. It is made the duty of said corporation when ^^ounty'^courtgf
authorized by the court, to receive and hold as depositary
all moneys which may hereafter come to or be paid into
either of the courts of LaSalle county, sitting either in com-
mon law or in chancery subject at all times to such rules
and regulations concerning the management of such moneys
as the judges of said courts may from time to time make
or prescribe notincor.sistent with the provisions of this act.
§ 13. It shall be lawful for said corporation to vest ^Xckflndj^
moneys which they shall receive in any stocks of the United curiues.
States, or in securities for the redemption and payment of
which the faith of any state in the Union shall be pledged
or in the bonds secured by mortgage upon unincumbered
real estates in the city of Ottawa, worth at least double the
amount loaned or upon any other security which shall be
deemed by the board of trustees or their finance committee
to be amply sufficient and also to make temporary deposits
in any of the banks incorporated under the laws of this
state, located in the city of Ottawa or in any incorporated
bank in the city of New York, and to receive interest thereon
at such rates not exceeding that allowed by law, as may be
agreed u^Don.
86 BANKING INSTITUTIONS, ETC.
Surplus funds. § 14. The Said corporation is hereby authorized to accn-
mulate gradually and hold invested a surplus fund not
exceeding live per cent, on the amount of the deposits, to
the end that in case of reduction in the market price of any
of the securities held by said corporation below the par
value thereof, any loss to depositors by reason of such re-
ATaiiabie fund ^^'^ctiou may be prevented and made good by said fund, and
Tai a e un . ^^^ hereby authorized to hold an available fund not exceed-
ing one-third of tlie total amount of deposits with said
institution, which they may keep to meet the current pay-
ments of said corporation, and which may be kept on deposit
on interest, or otherwise, in such available form as the trus-
tees may direct. The accumulated fund of five per cent.
Taxation. herein provided for, and the real and personal property be-
longing to said corporation, shall be liable to taxation as
other real and personal estate, but said corporation shall
not be liable to taxation on deposits made therein or on
any security or securities taken for, or on any investment or
investments of the same.
Annual meet- § 15. The annual meeting of the trustees of said corpo-
*"^^' ration shall be held in the city of Ottawa some time in the
month of July in each year and at such other times as they
Noiiae of. ^lay judge expedient, of which meeting notice shall be
given as may be directed by the by-laws of the corporation.
The said corporation shall be and hereby are vested with
the power of making by-laws for the more orderly manage-
Proviso. ment of the business of the same, provided they are not
repugnant to the laws of the state.
Officers' secu- g 16. The Subordinate officers of said corporation shall
^ '^* respectively give such security for' their fidelity and good
conduct as the board of managers may from time to time
require, and said board shall fix the salaries of such officers :
Proviso. /Provided, that any and all sums of money, with the accu-
mulated interest thereon remaining unclaimed for the space
of twenty years, shall deposit the same with the accumu-
lated interest thereon, with the state treasurer, to be held
by lien in trust for five years for all claimants.
Bnsineis and § 17. This Corporation shall not engage in any general
operations. qj. commercial banking or exchange business, and shall con-
fine its business exclusively toMhe receipt and care of
savings and trust funds. "Whenever default shall be made
in the payment of any debt or liability contracted by the
corporation the stockholders shall be individually liable
pro rata according to the shares of stock severally held by
them, and such liability shall continue until six months
after the assignment of the stock and publication of a notice
thereof in the newspaper publishing the letter list of the
place where the office of the association is located. This
Organisation, act shall be void unless said company shall organize and
proceed to business within two years after the passage
hereof. The said company shall be subject to the provi-
BANKING INSTITUTIONS, ETC. 87
sions of any law hereafter passed on the subject of banking,
trust or deposit companies.
§ 18. This act shall take effect from and after its pass-
age, and may be altered, amended or repealed at the
pleasure of the legislature of this state.
Approved March 7, 1867.
AN ACT to incorporate the Danville Savings and Trust Companv. In force March
7, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ 7'epresented i7i the General Assemly, That Lewis T.
Palmer, TVra. J. Moore, Joseph G. English, Y. Lesines and
Samuel G. Craig, and their associates and successors, and
such persons as shall become stockholders in the company
hereby created, shall be a body politic and corporate, l)y
the name and style of "The Danville Savings Loan and Name and styi*
Trust Company," to be located in the town of Danville, in i-ocation.
the county of Vermilion, and state of Illinois, and shall
have succession, a common seal, with power to sue and be Powers,
sued, to plead and be impleaded, contract and be contracted
with, to appoint all necessary officers, servants and assist-
ants, and may have, enjoy and exercise all the powers
necessary to carry out and execute the purposes and intents
of a trust, deposit and loan company.
§ 2. The capital of the said corporation shall be fifty capital stock.
thousand dollars, with'liberty to increase the same to five
hundred thousand dollars, to be subscribed and paid for in
the manner hereinafter provided, and shall be divided into
shares of one hundred dollars, which shall be deemed per-
sonal property, and shall be transferable on the books of
said company, in such manner as its by-laws may prescribe.
§ 3. The said corporation shall have power to borrow Business «Bd
" 1 . ^ ^ -1^ ^ ^ ' , . operations.
money and receive money on deposit, and pay interest
thereon, and to loan the said money at any rate of interest,
not exceeding that now or hereafter allowed by law to
individuals, and in th€ computation of time thirty days
shall constitute one month, and twelve months one year,
arid to take such security, real and personal, as the direc-
tors or managers of said company shall deem sufficient ;
may accept and execute all such trusts, whether fiduciary
or otherwise, as shall or may be committed to it by any
person or persons or corporation, or by the order and direc-
tion of any court or tribunal or other legally constituted
authority of the state of Illinois, or of the United States;
may make such special regulations in reference to trust
funds or deposit left for accumulation or safe keeping, as
shall best aid the said depositors or parties interested by
88
BANKING INSTITUTIONS, ETC.
Poseessi
real estate and
property.
Management
and direction.
Election of di-
rectors.
Manner of vo-
ting.
Payment
stock shares.
accuinnlatiiig or increasing the same allowing and recover-
ing such interest therefor not greater than that hereinbefore
specified as may be agreed upon,
of g 4. It shall be lawful for the company hereby incor-
porated to purchase and hold such real estate as may be
convenient for the transaction of its business, and to take
and hold any real estate in trust or otherwise, as security
for or in payment of loans and debts due or to become due
to the said corporation or others ; to purchase real estate at
any sale made in virtue or on account of any loan, debt or
mortgage or trust made to or held by said corporatiun, and
to receive and take in satisfaction of an}^ loan or debts any-
real estate, and hold and convey the same, and to acquire,
hold and possess and use and enjoy the same; to sell, lease,
convey and dispose of all such real estate and personal pro-
perty as it may deem necessary fur the use of said corpora-
tion, or as may be deemed by the directors proper and
necessary to carry on the business and accomplish the
objects of the corporation, or for the promotion of its
interests.
§ 5. The affairs of this company shall be managed by a
board of directors of at least five in number, a majority of
whom shall constitute a quorum for the transaction of
business, who shall be stockholders in the corporation.
The election of such directors shall be had by the stock-
holders when thirty thousand dollars shall have been sub-
scribed to the capital stock of said corporation, and ten per
cent, paid thereon ; any three of the corporators herein
named shall be commissioners to open books for subscrip-
tion.
§ C. The election of directors shall be held annually at
the ofhce of the corporation, and the board shall give at
least ten days' notice thereof to the stockholders, in such
manner as they may determine. Every election for direc-
tors shall l)e by ballot, and the number of shares owned by
each stockholder shall be indorsed on the ballot by the per-
son or persons who may receive the same, and a plurality
of votes shall elect. Every stockholder shall be entitled to
one vote for every share of stock standing in his or their
name on the books of the corporation, and he or they may
vote in person or by proxy. Any omission or failure to
elect directors shall not in anywise impair the rights of
stockholders, depositors or others interested, and the direc-
tors in office sliall hold over until their successors shall
have been elected.
§ 7. Within sixty days after the election of the first
board of directors, as provided in section five of this act,
the board of directors shall call in an additional sum often
dollars per share on each share of said stock, to be paid at
such time and place as the directors shall appoint, on due
notice to said subscribers. The shares of every stockholder
BANKING INSTITUTIONS, ETC. 89
omitting to make such payment shall be forfeited, together ForCeitures.
with all previous payments made thei-eon. After tlie pay-
ment of live dollars per share on the amount subscribed, as
provided in the foregoing section, the corporation shall be
considered fully organized, and after the payment of fifteen
dollars per share on the whole number of live hundred
shares of the capital stock of this corporation, they may
commence business in the full enjoyment of the privileges
of this charter at such place in the said town of Danville
as the said directors may designate.
§ 8. The board of directors shall have power to call for Liabilities ot
the payment of the balance due on the subscription to the stockholders.
stock of this corporation, at such times as they may deem
proper, and in the event of the non-payment of the balance
due by any stockholder on his stock, within. sixty days after
due notice, it shall be lawful for the directors, at their option,
to enforce such payments, or to sell at public auction, to the
best advantage, the amount of stock standing in the name
of said non-paying stockholder, who shall thereupon cease
to be a stockholder in the corporation, and tlie purchaser or
purchasers of said shares of stock shall have and enjoy all
the privileges and profits accruing or accrued to the said
shares of stock, and become liable for the payment of all
calls then due or thereafter made on such shares of stock.
§ 9. The board of directors shall have power to declare Dividends,
dividends on the stock of the said corporation from time to
time, after the accumulation of the profits of said corpora-
tion shall exceed five per cent, on the amount of capital
actually paid in : Provided, said dividends shall not reduce proviso,
the surplus of profits of the corporation below five per cent,
on the amount of capital actually paid in, but in no case
shall the amount of any dividend be paid over to any stock-
holder on his or their stock until the amount of twenty-five
dollars has been paid in to said corporation.
§ 10. At any time after the full payment of the original increase of the
capital of fifty thousand dollars into the corporation as """P'**' ^*°°'^-
hereinbefore provided, the board of directors may increase
the capital stock of the corporation to the amount limited,
or any part thereof, in shares of one hundred dollars each, in
such manner as may be deemed proper, and such increase
shall be liable and subject to all the liabilities, immunities
and privileges of the original stock, as provided in this act.
Stockholders shall have the option of subscribing to such
increased stock, ^ro rata, within such time as the directors
may limit, of which due notice is to be given.
§ 11. That any real estate acquired in fee by this corpo- Time of holding
ration, either by purchase or in payment or satisfaction of qu^redln^ee,'
any loan or debt, and not held in trust or security other ^'°-
than what shall be necessary for the convenient use of the
same for the transaction of its business, shall not be held
bv the said corporation longer than ten years, and shall,-
Yol. I— 7
90 BANKING INSTITUTIONS, ETC.
within that time, be sold and conveyed, either at public or
private sale, so as to divest the corporation of the title to
Sale of. and in fee in the same.
Business and § 12. This Corporation shall not engage in any general
operations. ^^ Commercial, banking or exchange business, and shall
confine its business exclusively to the receipt and care of
savings and trust funds. Whenever default shall be made
in the payment of any debt or liability contracted by this
corporation, the stockholders shall be individually liable,
pro rata, according to the shares severally held by them,
and such liability shall continue until six months after the
assignment of the stock and publication of a notice thereof
in the newspaper publishing the letter list of the place
where the ofhce of the association is located.
Time of organi- § 13. This act shall bc void unless said company shall
zation imi e . q^^^^^^q r^^^^ procccd to busincss within two years after the
passage hereof. The said company shall be subject to the
provisions of any law hereafter passed on the "subject of
banking, trust or deposit companies.
Period of exist- § 14. The corporatiou hereby created shall exist for the
vat^on'!^ corpo- ^Q^m of fifty years from the passage of this act.
§ 15. This act shall take effect and be in force from and
after its passage, and shall be a public act.
Approved March 7, 1867.
In force March -^^ -^^'^ ^^ incorporate the Fulton Savings Bank.
7, 18C7.
Name and style.
Section 1. £e it enacted by the People of the State of
Illinois, represented in the General AssemUy, That Leon-
ard F. lloss, Alexander Hull, Henry L. Bryant, Thomas A.
Boyd, William N. Cline and such other persons as may be-
come stockholders in the corporation hereby created be and
are hereby declared and constituted a body corporate, by
the name and style of " The Fulton Savings Bank ;" and
may have and use a common seal, and that said bank shall
be "located at Lewistown, Fulton county, Illinois.
Capital stock. § 2. The Capital shall be twenty thousand dollars, and
may be increased by said corporation to any sum not ex-
ceeding one hundred thousand dollars ; shall be divided
into shares of fifty dollars each, and deemed personal prop-
erty. Each subscriber of stock shall pay at the time of
subscribing twenty per cent, of the sum subscribed, and
the remainder in such sums and in such manner as may be
determined by the directors of said corporation. The corpo-
rators mentioned in section one of this act, or a majority of
them, may open books for subscription of stock, at Lewis-
town, Fulton county, Illinois, at such time and place as
stock subscrip
tion.
BANKING INSTITUTIONS, ETC. 91
they may appoint, upon giving twenty days' notice thereof
in some paper published in said county ; and when the sum
of five thousand dollars is subscribed, the said corporation,
or a majority of them, shall give notice of the time and
place, in like manner, to the stockholders to meet and elect Election.
five directors, who shall hold their office until their succes-
sors are elected under the by-laws of the corporation. The
directors shall elect a president from their number, and
such other officers and agents as tbey may deem necessary,
and shall have power to fill any vacancy in their number. Vacancy.
At each meeting of the stockholders each share of stock shall
entitle the owner thereof to cast one vote, in person or by
proxy : Promded^ that the amount due the corporation on Proviso.
such shares of stock so proposed to be represented shall
have been paid, at or before the time of such meeting.
§ 3. The said corporation shall be authorized to receive Deposits.
money from any person or persons who may wish to deposit
the same. Married women and minors may, in their own
names, subscribe for such stock and deposit money with
said corporation, and receive certificates of stock and of de-
posits in tlieir own names, which stock and deposits shall
be subject to their disposal and order only. All deposits of
money shall be used and improved in a manner not incon-
sistent with the laws of this state, or the provisions of this
act; and any rate of interest not exceeding that allowed by
law shall be paid for such deposits.
§ 4, The said corporation may accept and execute all Trusts.
such trusts, whether fiduciary or other otherwise, as may
be committed to it by any person or persons, or by the
order of any court or tribunal in the state of Illinois ; may
make such special regulation in reference to trust funds,
deposits or savings as shall best aid the depositors and par-
ties interested, by accumulating and increasing the same,
allowing and receiving such rate of interest therefor not
greater than hereinbefore mentioned, as may be agreed up-
on. The said corporation shall have power to loan and Loans.
borrow money, to receive money on deposit, and pay inter-
est therefor, and to loan money at any rate of interest not
exceeding ten per cent, per annum.
§ 5. The business of said corporation shall be conducted ^J^®^*;*^^" ^'^^
by the directors, and in such manner as they may deter-
rnine by their by-laws and ordinances. Three of the
directors, one of whom shall be president or vice president,
shall be a quornm for the transaction of business of every
kind. The officers of the company shall perform such
duties as may be enjoined upon them by the board of
directors, and such as are usual in such corporations.
§ 6. The said corporation shall have power to purchase ^^^'^^gf^^'t" j,n*d
and hold such real and personal estate as may be convenient 'person^ prop-
for the transaction of its business ; to take and hold any ^''y-
real or personal estate as security for the payment of loans
92 BANKING INSTITUTIONS, ETC.
or debts due or to become due to said corporation, aud to
purcluise real and personal estate at any sale to enforce its
securities, or the payment of debts due, made by virtue of
any process, mortgai^e or deed of trust, or other instrument,
and to hold said property, or to sell and convey the same,
or any part thereof, at such price and under such condi-
tions as the directors or officers may determine.
Business and § 7. This Corporation shall not engage in any general
operations. ^^, commercial, banking or exchange business, and shall con-
line its business exclusively to the receipts and care of sav-
ings and trust funds. Whenever default shall be made in
the payment of any debt or liability contracted by this cor-
poration, the stjckholders shall be individually liable, jL'ro
Liabilities of rata, according to the shares of stock severally held by
stociihoiders. ^^^^^^^ . ^^^^^^ ^^^^^^ liability shall continue until six months
after the assignment of the stock and publication of a notice
thereof in the newspaper publishing the letter list of the
place where the office of the association is located. This
act shall be subject to any general law that may hereafter
be passed relating to savings banks or institutions of a sim-
ilar nature.
Forfeited stocii § 8, In case any stockholder shall fail to pay any in-
shares. stallmeut for thirty days after a Call therefoi, the directors
may declare the stock forfeited to the corporation, together
with the sums already paid thereon ; or may, at their option,
sue for and recover the entire amount of subscription re-
maining unpaid.
Time of com- § 9. That in casc Said corporation shall not commence
Xb^usl^TelSete and continue business within two years from the passage
of this act, the franchises and privileges herein granted
shall be forfeited.
§ 10. This act shall take effect from and after its passage,
and shall be liberally construed for all purposes herein
contemplated.
In force March -^^ ^^'^ *° incorporate the City Savings Bank.
7, 1867.
Section 1. £e it enacted by the Peajyle of the State of
Illinois, re/prese7ited in the General Assembly, That Henry
Corporators, Schneider, Edward C. Dew, Simon C. Demutb, Jjiujcs B.
Smith, John McCabe and James W. Peterson, of Carlyle,
Clinton county, Illinois, their associates, successors and
assigns, and sucli as may become stockholders in the corpo-
ration hereby created, shall be and are hereby made a
body politic and corporate, under the name and style of
Nameandstyie. "The City Savings J3ank," with perpetual succession; and
BANKING INSTITUTIONS, ETC. 93
by that name may sue and be sued in all courts whatsoever;
may have and use a common seal, and change the same at
pleasure. The capital stock shall be titty t!u)usand dollars, capital stock.
but may be increased by a vote of the stockholders repre-
senting a majority of the capital stock ; and the shares
shall be one hundred dollars each, which shall be payable,
as may be required by the board of directors, and shall be
deemed personal property, and shall be transferable on the
books of the corporation in such mauner as its by law;^ may
prescribe.
§ 2. The corporation shall have power to borrow money
and to receive money on deposit, and to pay interest there-
on, and to loan money at any rate of interest not exceeding
that allowed by law to individuals ; to take real or personal
property as security for loans.
§ 3. The corporation shall have power to acquire, hold, ^e°t,joyment*°of
use and pos^ess and enjoy, and the same to sell, lease, con- real estate and
vey and dispose of all such real estate and personal property ^"^"^^^ ^'
as may be deemed by the directors proper and necessary to
carry on the business and accomplish the object of the cor-
poration, and for the promotion of its interests; and may
make, ordain and put into execution such by-laws, rules and,
regulations not repugnant to the laws of the United States
or tins state.
§ 4. The alFairs of this corporation shall be managed by '^'nd'^^d^ection
a board of directors, at least live in number, who shall be of affairs.
stockholders. Their election shall be had by the stock-
holders as soon as the capital stock of tifty thousand dollars
shall be subscribed, and ten per cent, be paid thereon.
§ 5. The board of directors shall be elected annually,
and the outgoing board shall give at least ten days' notice to
all stockholders of such election, in such manner as the by-
laws may provide. All elections shall be by ballot, and
every stockholder shall be entitled to one vote for each
share of stock held by him or her, or them, and votes may
be cast in person or by proxy. No stockholder shall .be
entitled to vote who is in arrears to the comj)any with the
payment of the capital stock called for and due at the time
of election.
§ 6. Minors and married women shall have the right to Ki'siits oj mi-
!•,. .,.1 ... ", nors and mar-
cleposit money with said company m their own names, and ned women.
without their husbands' or guardians' consent receive certi-
ficates therefor in their own names, and such deposits shall
be subject to the owners only.
§ 7. All certificates or evidences of deposit made by the Evidences of
,,. 1111 ,. , ,.^11 "^ • deposits effec-
proper oihcer shall be as etiectual to bind the corporation tuai and bind-
as if they were under the common seal thereof; and no '"^'
stockholder or depositor not being in his individual capacity
a party to any suit iu which the said corporation may be a
party shall be deemed incompetent as a witness.
94:
BANKING INSTITUTIONS, ETC.
Organization.
Stock subscrip- § 8. The corporators mentioned in section one of this
**°°- act, or any three of them, shall, wilhin six months from the
passage of this act, open books for subscription of stock,
at such time and place as they may appoint, giving twenty
days' notice at least, in some newspaper published in Car-
lyle, in the county of Clinton, Illinois ; and unless the cor-
poration hereby created shall become organized within two
years from the passage of this act, this act shall cease and
become void. The fact of such organization shall be evi-
denced by a certificate thereof, made by the president and
secretary, or any two directors of the corporation, under
their respective oaths, and filed with the secretary of state,
within sixty days from the date of such organization.
§ 9. This corporation shall not engage in any general
or commercial, banking or exchange businesss, and shall
confine its business exclusively to the receipt and care of sav-
ings and trust funds. Whenever default shall be made in the
payment of any debt or liability contracted by this corpora-
tion, the stockholders shall be individually liable, fro rata,
according to the shares of stock severally held by them, and
such liability shall continue until six months after the assign-
' ment of the stock, and publication of a notice thereof in
the newspaper publishing the letter list of the place where
'*Jl,„l".^''i™J° the office of the association is located. This act shall be sub-
ject to any general law that may hereaifer be passed rela-
ting to savings banks or institutions of a similar nature :
And it is further provided, that in case said corporation
shall not commence and continue business within two years
from the passage ot this act, the franchises and privileges
herein granted shall be forfeited,
§ 10. This act shall be a public act, and be in force from
and after its passage.
Business and
operations.
Stockholders'
liabilities.
general laws.
In force March
1, 1867.
AN ACT to incorporate the International Mutual Trust Company.
Section 1. Be it enacted 3y the People of the State of
Illinois, represented in. the General Assembly, That Hugh
Maher, B. Caulfield, M. A, Rorke and Philip Conley, and
their associates, successors and assigns, and all such persons
as shall become lawiul stockholders in the company hereby
created, shall be a body politic and corporate by the name
Naraeandstyie. and Style of "The International Mutual Trust Company,"
and shall have succession, nuiy have and use a common
Powers of cor- Seal, and the same to change, alter or renew at pleas-
poration. ^^^^ power to plead and be impleaded, to appoint ail ne-
cessary officers, managers, agents or employees, and may
BANKING INSTITUTIONS, ETC. 95
have, enjoy and exercise all the power needful to carry out,
execute and fulfill all the powers and duties authorized or
incidentally required by this act. The head office of said Head office,
company shall be located at the city of Chicago, in the state
of Illinois.
§ 2. A. majority of the corporators herein named may gto^^ subscrip-
proceed to open books for subscription to the stock of said ^^°^-
company, and shall at the same time, or thereafter, desig-
nate a time and place for the first election of a board of
managers of said company by parties subscribing to the share votes,
stock thereof, and each share of stock so subscribed for shall
be entitled to one vote in person or by proxy.
§ 3. The capital of said company, may be acquired by capital.
issue and sale of certificates of shares therein, in such sums
per share and with such grades of preference as to a share or
shares in the dividends of the net profits of the company,
and with such terms and conditions in relation to such divi-
dends and as to retirement of such shares or any portion
thereof, as the said board of managers may deem proper to
fix or establish. ^ ^ Extent of capi-
§ 4. Said capital may be acquired to the extent of five **'•
hundred thousand dollars, and until one hundred thousand
dollars of said capital shall be paid in in cash the said com-
pany shall not exercise any of the powers, rights and privi-
leges given by this act of incorporation, except as between
individual owners of shares in siid capital, and the said
company. Shares in said capital shall be deemed personal
property, and shall be transferable only upon the books of
said company in such manner ns its by-laws may prescribe. Business and
§ 5. The said company shall have power to loan money, operations.
either within or without this state, at any rate of interest
not exceeding that now or hereafter allowed by law to pri-
vate individuals, and to make such loans payable either
within or without this state, and in the lawful money of the
state or country in which the same is made payable, and to
take such securities therefor, real or personal, or both, as
the board of managers of said company shall deem suffi-
cient, and may secure the payment of such loans by deeds of
trust, mortgages or other securities, either within or with-
out this state ; and may buy or sell exchange, bills, notes,
bonds, or other securities ; may have and hold money, and
may issue letters of credit : provided, nevertheless, that the
said board of managers, or the said company, shall not loan
out any of the said capital or the increase or accumulation
thereof, nor the funds of any trust confided to the said board
of managers or to the said company, except upon pledge of
merchantable collateral securities. Possession of
§ 6. It may be lawful for the company hereby incor- '■^*' *^'*'^-
porated to purchase and hold such real estate as may be
convenient and needful in the transaction of its business,
and to take and hold any real estate in trust, or otherwise,
9b BANKING INSTITUTIONS) ETC.
as security for oi* in payment of loans and debts due or to
become due to said corporation ; to purchase real estate at
any sale made in virtue of or on account of any loan or
mortgage or trust made to or held by or for said company,
or in which it is interested ; and to receive and take in sat-
isfaction of any loan or debt any real or personal estate)
and to hold, use, improve and convey the same.
Management § 7. The affairs of the company shall be managed by a
and direction, i^q^.^j Qf managers, at least three in number. After the
first election, as is herein provided, the board of managers
shall be elected by the stockholders, at such times and
places, and in such manner as shall be established by the
by-laws of said com^pan^^ The board of managers of said
company shall be elected annually, but any failure or omis-
sion to elect a board of managers shall in nowise impair or
affect the rights or interests of stockholders or others inter-
ested.
Annual meet- § ^- There shall be a meeting of the stockholders at the
in,2s of stock- office of the company, in Chicago, on the second Wednes-
day of May of each and every year. Six stockholders rep-
resenting, either by ownership or proxy, one-half of the
capital stock of the company, shall constitute a quorum for
the transaction of business.
Contracts, etc., § 9. Contracts and instruments to which said company
oufc'^'"s^ear"of *^^7 ^6 a paity, shall be valid and binding with or without
company. the Seal of Said company attached.
Loans. § 10- No loan shall be made to any stockholder on
pledge of his or her shares in the said capital.
B -laws etc §11- 'Tlic board of managers shall have the right to
^ "^^ ' " form by-laws for the appointment of other officers, agents,
employees and others necessary for the service of tlie com-
pany, and for regulating their own proceedings and the ope-
rations of the company : Provided, that they shall contain
nothing inconsistent with this act or the laws of this state,
stockholders' § 12. The stockholders herein shall be responsible in
alfdhabiS!' ^1^6''^ ^" property in double the amount of their
stock, to make good all losses to depositors or others, and no
assignment of their stock shall release them from said lia-
bility, until after the fact of such assignment and name
of the person to whom made and the amount of said
stock shall have been advertised in some public newspaper
printed in the county where this corporation is doing busi-
ness and located for the period of three months.
Time of organi- This act shall be void unless said company shall organize
zation limited, and proceed to business within two years after the passage
hereof. The said company shall be subject to the pro-
visions of any law hereafter passed on the subject of bank-
ing, trust or deposit companies.
§ 13. This act shall be a public act, and take effect from
and after its passage.
BANKING INSTITUTIONS, ETC. 97
AN ACT to incorporate the Ottawa Savings Bank. In force March
' "= 7, 1867.
Section 1. Be it enacted hy the People of the State of
llliuois^repiesentedinthe General Assembly^ That Frederick
A. Sherwood, EichardTlioriie, Edwin li. Fay, Alson Ward,
John P. Anthony, John F. McKinley, and Edward L.
Herrick and their associates and successors and assigns,
and all such persons as shall become stockholders in the
company hereby created, shall be a body politic and corpo-
rate, by the name and style uf " The Ottawa Savings Bank," Name and s»yie.
and shall have succession and a common seal, which they
may alter at pleasure, with the power to sue and be sued, ^°^®"-
to plead and be impleaded, to appoint all necessary officers,
servants and assistants, and may have, enjoy and exercise
all the powers necessary to carry out and execute the pur-
poses and intent of a general savings bank.
§ 2, The capital stock of said company shall be fifty capital stock,
thousand dollars, with liberty to increase the same to two
hundred thousand dollars, to be subscribed and paid for in
the manner which may be prescribed by the by-laws to be
adopted by said company, and shall be divided into shares
of one hundred dollars each, which shall be deemed per-
sonal property, and shall be transferable on the books of
the said company in such manner as its by-laws may
prescribe.
§ 3. Any three of the corporators herein named may stock subscrip-
proceed to open books for the subscription to the capital
stock of said company, and shall, at the same time or there-
after, designate a time and place for the first election of
trustees of said company by parties subscribing to the stock
thereof, and each share of the stock so subscribed for shall
be entitled to one vote, but no election of trustees shall
take place until the fifty thousand dollars original capital
stock is all subscribed for.
§ i. The ajffairs of this company shall be managed by Management
aboard of trustees, of at least five, who shall be stock- ofaffafrs.^^*'"''
holders in the company, and after the first election as herein
provided, the trustees shall be elected by the stockholders
at such time and place and in such manner as shall be
established by the by-laws of said company. The trustees
of said company shall be elected annually, but any failure
or omission to elect trustees shall in nowise impair or aflect
the rights and powers of the trustees holding over or the
rights or interests of the stockholders, depositors or any
others interested. The trustees shall elect a president, vice-
president and a cashier from their body annually, and make
and execute such by-laws as may be necessary and conve-
nient for the proper prosecution of its business, not incon-
sistent with this act or with the laws of this state or of the
United States.
BANKING INSTITUTIONS, ETC.
§ 5. The general business and objects of the corporation
hereby created, shall be and it is hereby authorized to re-
ceive on deposit such sums of money as may be from time
to time offered therefor, which shall be repaid to each
depositor when required, at such time and on such notice,
and with such interest and under such regulations as the
board of trustees shall from time to time prescribe, and to
safely loan and invest the same, and to do and transact such
other business as shall appertain thereto, and to receiving,
safely keeping and investing money and all valuable secu-
rities and property.
^r°eaYestate. °^ § ^- ^^ &hsd\ be lawful for the company hereby incorpo-
rated to purchase and hold such real estate as may be
convenient for the transaction of its business and to take
and hold any real estate in trust or otherwise as security for
or in payment of loans and debts due or to become due to
the said company ; to purchase real estate at any sale made
in virtue of any loan, debt or mortgage made to or held by
the said company ; and to receive and take in satisfaction of
any such loan or debt any real estate, and to hold and con-
vey the same.
Dividends. g 7^ The board of trustees shall have the power to
declare dividends on the stock of the said company from
time to time, provided that in no case shall the amount of
any dividend to be paid over to any stockholder on his or
their stock until the full amount per share has been paid iu
to the said company.
Increase of cap- R y, At any time after the full payment of the orifrinal
ital stock. ". , „ „ -J T 1 n • ^ 1 1
capital ot fitty thousand dollars into the company, as liere-
in before provided, the board of trustees may increase the
capital of the company to the amount limited, or any part
thereof, in shares of one hundred dollars each, in such
manner as they may deem proper, and said increased stock
shall be subject to all the liabilities, immunities and privi-
leges of the original stock provided in this act.
Deposits of mi- ft 9^ When any deposit is made by any person beino; a
nors and mar- ." , "^ . K .^ 1 1 <■ "^
lied women, minor, or by a married womau, or a female thereafter be-
coming a married woman, in their own name, the said cor-
poration may pay to each depositor such sums as may
be dne to him or her, and the receipt or acquittance of such
minor or married woman shall be a legal discharge to said
corporation therefor.
Exclusive busi- « iQ, This Corporation shall not engage in any general
or commercial, banking or exciiange business, and shall con-
fine its business exclusively to the receipt and care of
savings and trust funds ; whenever default shall be made in
the payment of any debt or liability contracted by this cor-
poration the stockholders shall be individually liable, J9r^
rata, according to the shares of stock severally held by thera,
aud such liability shall continue until six months after the
assignment of the stock and publication of a notice thereof
stockholders'
liabilities.
BANKING INSTITUTIONS, ETC. »»
in the newspaper publishing the letter list of the place
where the office of the association is located. This act
shall be subject to any general law that may hereafter be ^"^g^e^j^J^iaJg"
passed relating to savings banks or institutions of a similar etc.
nature : And it is hereby provided^ that in case said corpo-
ration shall not commence and continue business within two
years from the passage of this act, the franchises and privi- Forfeiture.
leges herein granted shall be forfeited.
§ 1] . This act shall take effect and be in force from and
after its passage.
Appeoved March 7, 1867.
AN ACT to incorporate the Madison County Land and Loan Company. In force March
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Larkin
C. Keown, Charles W. Dimmock, senior, and Andrew W.
Metcalf, and their associates, heirs and assigns, and all such
persons as shall become stocJkholders in the corporation
hereby created, and their successors shall be a body politic
and corporate, by the name and style of "The Madison Name and style.
County Land and Loan Company," shall have a common
seal, may sue and be sued, make contracts and have and
exercise all the powers and privileges and be subject to all Powers.
the liabilities of a body corporate and politic, and shall be
located at Ed wards ville, Illinois.
§ 2. The capital stock of said company shall be one capital stock.
hundred thousand dollars and shall be subscribed and paid
for in the manner prescribed b}' the by-laws ; it shall be
divided into shares" of one hundred dollars each, to be
deemed personal property, and transferable as such on the
books of the company, in such manner as the by-laws may
prescribe. The capital stock may be increased from time increase of.
to time to an amount not exceeding five hundred thousand
dollars. Each share of stock shall entitle the holder thereof
to one vote for the purpose of increasing the capital stock.
§ 3. The, said corporation shall have power to borrow ^J^«j°®^?^^g^^°^
money and to receive money on deposit and pay interest
thereon, and to loan money, either within or without this
state at any rate of interest not exceeding that now or here-
after allowed bylaw to private individuals, and to discount
loans, and in computation of time thirty (30) days shall be
a month, and twelve (12) months a year, and to make such
loan payable either within or without this state, and to take
such securities therefor, real or personal, or both, as the
directors or managers of said corporation shall deem suffi-
cient, and may secure the payment of such loans by deeds
100 BANKING INSTITUTIONS, ETC.
of trust, mortgages or other securities, either within or
without this state, and maj buy and sell negotiable paper
or other securities ; may open and establish a real estate
agency ; may purchase and sell real estate, and shall have
power to convey the same in any mode prescribed by the
by-laws of such corporation ; may accept and execute all
such trusts, whether fiduciary or otherwise, as shall or may
be committed to it by any person or persons, or by order of
any court or tribunal, or other legally constituted authority
of the state of Illinois or of the United States or elsewhere;
may make such special regulations in reference to trust
funds or deposits left for accumulation or safe keeping, as
shall be agreed upon with the depositors or parties inter-
ested, for the purpose of accumulating or increasing the
same ; may issue letters of credit and other commercial obli-
gations not however to circulate as money, and may secure
the payment of any loans made to said company in any way
the directors may prescribe.
Subscriptions of § 4. Married women and niinors may, in their own
raLm^ld w"*^ names, subscribe for stock and deposit money with said cor-
""^°- poration, and receive certificates of stock and deposits in
their own names, which stock and deposits shall be subject
to their order and disposal only.
Purchase and § 5. It may bo lawful for the company to purchase and
refrestat". ° hold such real estate as may be convenient and useful for
the transaction of its business, and also to take and hold
any real estate, in trust or otherwise, as security for or in
payment of loans and debts tiue and to become due to said
company ; to bid for and purchase real estate at any sale,
whether made in virtue or on account of any loan, or mort-
gage, or trust made to or held by or for said company, or in
which it is interested or otherwise, and to receive in satis-
faction of any loan or debt any real or personal estate, and
to hold, use, lease and convey the same.
DirectorB. § 6. The affairs of the company shall be managed by a
board of directors, at least three in number, who shall hold
Term of office, their officcsfor oueycar, and until their successors are elected
and qualified. The directors shall have power to appoinl;
Officers and their officcrs and agents and prescribe their duties, and
£igen 8. ^^^^^ ^^_^ gjj vacancies that may occur in the board of di-
rectors. The directors shall have power and authority to
By-laws, rules, make by-laws, rules and regulations for the government and
^''°' well ordering of the business affairs and ofRcers of said
company. They shall have the right and power to deter-
Mannerof pay. ™i"G the time and manner in which installments upon
mfnts'ltc" capital stock shall be paid and may declare forfeited any
. ' ' share or shares of stock on which remains due and unpaid
any such installment for the period of thirty days, together
with all sums paid thereon, or at their option, may sue for
and recover the entire amount of subscription remaining
unpaid.
BANKING INSTITUTIONS, ETC. 101
§ 7. The stockholders lierein shall be responsible, in stockholders-
their individual property, in double the amount of their •'^'^'i'*'^^, etc
stock, to make good all losses to depositors or others, and no
assignment of tlieir stock shall release them from said lia-
bility until after the fact of such assignment and name of
the person to whom made and the amount of said stock
shall have been advertised in some public newspaper printed
in the county where this corporation is doing business and
located for the period of three months.
§ 8. This act shall be void unless said company shall l™'*^^ time of
organize and proceed to business within two years after the °'^'*°''^''°°-
passage hereof. The said company shall be subject to the subject to gen-
pro visions of any law hereafter passed on the subject of ^"'^^ ^^'^^' ^^''•
banking, trust or deposit companies.
§ 9. This act shall be deemed and taken to be a public
act, and be in force from and after its passage.
Approved March 8, 1867.
I
AX ACT to incorporate the DeWitt County Loan and Trust Company. In force March
8, 1867,
Section 1. Be it enacted hy the People of the iState of
Ilhnois, represented in the General Assembly, That John corporators.
■ Warner, Henry Magill, Samuel Magill, Robert Magill, and
their associates aind successors, and such persons as shall
.become stockholders in the company hereby created, shall
"TL^nJl^'^l'n ^'^^ T'°'^'''J'^a.'^^' "^^^^" and style of ,^_ and sty.e
ihe DeWitt County Loan and Trust Company," to be
located in the city of Clinton, county of DeWitt, Illinois,
and shall have succession, a common seal, with power to corporate pow-
sue and be sued, to plead and be impleaded, contract and ^''•
be contracted with, to appoint all necessary officers, servants
and assistants, and may have, enjoy and exercise all powers
necessary to carry out and execute the powers and intents
01 a banking and loan company.
§ 2. The capital of said corporation shall be fifty thousand capital stock.
dollars, with liberty to increase the same to five hundred
thousand dollars, to be subscribed and paid for in the man-
ner hereafter previded, and shall be divided into shares of
one hundred dollars, which shall be deemed personal prop-
erty, and shall be subscribed on the books of said company
in such manner as its by-laws may prescribe.
§ 3. The said corporation shall have power to borrow Business and
money and receive money on deposit, and to loan the said "p^-^^*'"""-
money at any rate of interest not exceeding that now or
hereatter by law allowed to individuals, and to discount in
accordance with bank usage ; and in the computation of
time thirty days shall constitute one month, and twelve
102 BANKING INSTITUTIONS, ETC.
months one year ; and to take such security, real and per-
sonal, as the directors or managers of said company shall
deem sufficient, and may buy and sell exchange, bills,
notes, bonds or other securities, may have and hold coin
and bullion, and buy and sell the same j may accept
and execute all such trusts, whether fiduciary or other-
wise, as shall or may be committed to it, by any per-
son, persons or corporation, or by the order and direction
of any court or tribunal, or other legally constituted author-
ity of the state of Illinois, or of the United States ; may
make such special regulations in reference to trust funds as
shall best aid such depositors or parties interested ; may
grant and purchase annuities, issue letters of credit, certifi-
cates of deposit, and other commercial obligations : Provi-
ded^ the same shall not be in the similitude of bank notes,
or other evidences of debt, designed to be circulated as
money. This corporation shall not take on deposit any
savings or trust funds, or in any way engage in a savings
bank business.
Purchase and §4:. It sliall bc lawful for the Company hereby iucorpo-
reafestite °^ rated to purchase and hold such real estate as may be con-
venient for the transaction of its business, and to take and
hold any real estate in trust, or otherwise, as security for
the payment of loans and debts, due or to become due to
said corporation or others ; to purchase real estate at any
sale made in virtue, or on account of any loan, debt or mort-
gage, or trust, made to or held by said corporation, and to
receive and take in satisfaction of any loan or debt, any
real estate, and hold and convey the same ; and to acquire,
hold, possess and use and enjoy the same, to sell, lease, con-
vey and dispose of all such real estate and personal prop-
erty as it may deem necessary for the use of said corpora-
tion, or as may be deemed by the directors proper and
necessary to carry on the business, and accomplish the ob-
jects of the corporation or the promotion of its interests.
Management § 5. The atfairs of tliis company shall be managed by a
and direction, j^^^j.^^ ^f directors of at least five in number, a majority of
whom shall constitute a quorum for the transaction of busi-
ness, who shall be stockholders in the corporation. The elec-
tion of said directors shall be had by the stockholders, when
thirty thousand dollars shall have been subscribed to the
capital stock of said corporation, and ten per cent, paid
thereon ; and three of the corporators herein named shall
be commissioners to open books for subscription.
Election of di- § ^' "^^^ election of directors shall be held annually at
rectors. the office of the corporation, and the board shall give at
least ten days' notice thereof to the stockholders, in such
manner as they may determine ; every election for direc-
tors shall be by ballot, and the number of shares owned by
each stockholder shall be indorsed on the ballot by the
person or persons who may receive the same ; and a plu-
BANKING INSTITUTIONS, ETC. IQ3
rality of votes shall elect ; every stockholder shall be enti-
t ed to one vote tor every share of stock standing in his or
their name on the books of the corporation ; and he or thev
may vote m person or by proxy. Any omission or failur"e
to elect directors shall not in anywise impair the n>hts of
stockholders, depositors or others interested, and th?direc-
TeeV eleS *'^^'' ""^'' ^^'^"' '"^'^^^^^s shall have
K ^ I' f f-'^^^Y" ^'""^^ "^^^^ ''^'^'^^ ^^'^ ejection of the first Calls for stock
board ot directors, as provided in section five of this act '''"■"'•
the board of directors shall call in an additional sum often
dollars per share on each share of said stock, to be paid at
such time and place as the directors shall appoint, on due
notice to said subscribers. The shares of every stockholder Forf.itPH
omitting to make such payment shall be forfeited, toother ^^--
with all previous payments made thereon. After the pay-
ment of fave dollars per share on the amount subscribed, as
provided in the foregoing section, the corporation sliall be
considered fully organized, and after the payment of fifteen Organizatio'n.
dollars per share on the whole number of five hundred
shares ot the capital stock of the corporation, they may
o?nrZ ^'"''T'^ ;" 1^' ^"" enjoyment of th^ privilege!
of this charter, at such place in the said city as the said direc-
tors may designate
^nlL T ? T'f °, directors shall have power to call for the caiis for pay-
Keco otSion'r'^^r '"" '^^ subscription to the stock Z.f^.lo^
of the corporation at such time as they may deem proper; and -'^-"p^---
TJS.Z I^' non-payment of the balance due by anv
st^l btT.wf. W-'^'.?^'' f'^''' '''''^ '^^y' ^^'"'^ ^^^^ notice,
snPh i; / ?' the directors, at their option, to enforce Enforce„,entof
irp^Z '"''". 'f ^\^''^^'' auction, to the best ad- ''^''^-'^'
vantage the amount of stock standing in the name of the
belrS;"f stockholder, who shall thereuporceaL to
De a stockholder m the corporation, and the purchaser or
wS^ o^^^^^^^^^ ??^^' ^''f"^"^^ °^ account of tlie said
snaies of stock, and become liable for the payment of all
^9 tIIT ''r7f'' ™^^^ '^ -^^^ shLrof stock
diWdends on Ct ""{^7'^''' '\^^^ ^^^^ POwer to declare D.^dends.
auiaenas on the stock of the said corporation from time to
Sr'stln'exrd^r"'^""" °f "'^ P™^'^ "'sard™ /a"
s opk .rf .?! M^-^* per cent, on the amount of capital
BCi cent on tl,„ ^?f^ "f """^ corporation below five
mbefore provided, the board of directorsTay Sease the
104: BANKNG INSTITUTIONS, ETC.
Subscription to capital stock of the corporation to the amount limited, or
''"='^^'^- any part thereof, in shares of one hundred dollars each,
in such n^anner as may be deemed proper, and such increase
shall be liable and subject to all the liabilities, imnnmities
and privileges of the original stock, as provided m this act.
Stockholders shall have the option of subscribing to such
increased &tock, j>ro rata, within such time as the directors
may limit, of which due notice is to be given _
Timeofhoiding § 11. That any real estate, acquired m fee, by this cor-
real estate. po,ation, either by purchase, or m payment or satisfaction
of any loan or debt, and not held in trust or security by
other than what shall be necessary for the convenient use
of the same for the transaction of its business, shall not be
held by the said corporation longer than ten years, and
shall within that time be sold and conveyed, either at pub-
lic or private sale, so as to divest the corporation ot the title
to and fee in the same. :, , n • . ^ n
Exiatenco of § 12. The Corporation hereby created shall exist tor the
corporation. ^^^^^ ^^ twcnty-tive ycars from the passage ot this ac . _ ihe
stockholders' • stockholders herein shall be responsible in their individual
'■''"'"''■ property in double the amount of their stock to make good
all losses to depositors others ; and no assignment ot then-
stock shall release them from said liability until alter the
fact of such assignment, and the name ot the person to
whom made, and the amount of said stock shall nave been
advertised in some public newspaper, printed m the county
where this corporation is doing business and located tor
the period of three months. This act shall be void un ess
Lin.it Of tin.e of Said compauy shall organize and P^^f ^^Vi'p^^^^JJJ^^^^V^^^^;
organization. ^^^,^^ ^g after the passage hereof. The said company
shall be subiect to the provisions of any law hereafter
passed on the subject of banking, trust or deposit compa-
nies
f'lS This act shall take effect and be in force and from
and after its passage, and shall be a public act.
Appkoved March 8, 186T-.
, AN ACT to incorporate the National Loan and Trust Company of Chicago.
In force Msivch ■^'■^ ^^'- *
''''''* Section 1. Be it enaoted by the People of the State of
Illinois, represeniedin the General Assembly, That L. Lren-
corporator. taiH., E. S. Solomou, A. F. Stevenson, G. Stevenson, A. Lo-
beck and their associates and successors, and all such peisons
as shall become stockholders in the company hereby created,
shall be a body politic and corporate, by the name and style
Nameandatyie of " The National Loau and Trust Company of Chicago
with all the powers incident, necessary and useful to coipo-
BANKINa INSTITUTIONS, ETC. 105
rations ; and as such are authorized to exorcise all the pow- Powers.
ers requisite to carry out and execute all the purposes and
intents of this act ; shall have perpetual succession, and a
common seal, which they may change and alter at pleasure,
and sue and be sued, implead and be impleaded : Frovided,
this company shall organize within two years.
§ 2. A majority of the corporators hereby named may stock subserip-
proceed to open books for subscription to the capital stock *'""•
of said corporation, and shall at the same time, or there-
after, designate a time and place for the first election of
directors of said corporation, by persons subscribing to the
capital stock thereof; and each share of the capital stock
so subscribed for shall be entitled to one vote.
§ 3. The capital stock of said corporation shall be fifty Capital stock.
thousand dollars, with power to increase the same to five
hundred thousand dollars ; to be subscribed and paid for in
the manner prescribed by the by-laws, to be framed by said
corporation, and shall be divided into shares of one hundred
dollars each, which shall be deemed personal property, and
shall be transferred on the books of said corporation in such
manner as its by-laws may prescribe ; and each stockholder stockholders'
shall be liable to double the amount of stock held or owned '* ' ' '^^'
by him, and for three months after giving notice of trans-
fers, as hereinafter mentioned.
§ 4. The said corporation shall have power to borrow Business and
money and receive money on deposit, and to loan money °p^'^^^°'^^-
within or without this state, at any rate of interest, not ex-
ceeding that now or hereafter allowed by law to individu-
als ; and to discount according to the usage of banks ; to
makssuch loans payable within or without the state, and to
take such securities therefor, real or personal, or both, as
the directors of the corporation may deem sufficient, and
may secure the payment of such loans by mortgage or
other securities, either within or without the state, and
may buy and sell bills, notes, bonds, exchange or other
securities ; may have and hold bullion and coin ; may ac-
cept all trusts, either fiduciary or otherwise, as may be com-
mitted to their care by any person or persons, or by any
court or tribunal ; may make such special arrangements in
reference to trust funds or special deposits, left for safe
keeping, as may be agreed upon with the depositors or par-
ties interested ; and may issue letters of credit, or other
commercial obligations : Provided, such obligations be
not in the form of bank notes for general circulation.
§ 5. It shall be lawful for the corporation hereby incor- Possession of
porated to purchase and hold such real estate as may be property!^ ^'''^
convenient for the transaction of its business, and to take
and hold any real estate in trust or otherwise, as security
for and in payment of loans, or for debts due or to become
due to said corporation ; to purchase real estate at any sale
made in virtue or on account of any loan or mortgage, or
Vol.L-8 ^
106
By-laws.
Transfer of
stock.
BANKING INSTITUTIONS, ETC.
trust, made to or held by or for said corporation, or in
which it is interested ; and to receive or take in satisfac-
tion of any loan or debt and to hold and improve and con- '
vey the same.
I 6. The afltairs of the corporation shall be managed by
a board of not less than three directors, who shall be elected
at such time and place as may be prescribed by the by-
laws ; and shall hold their office for one year, and until
their successors are elected and qualiiied.
§ 7. The directors shall have power to form by-laws for
the management and control of the affairs of the corpora-
tion, not inconsistent with the laws of this state and the
United States ; and to declare dividends out of the earn-
ings of said corporation, whenever any transfer of stock is
made ; it shall be necessary to give notice of ^uch transfer
of such stock, which notice shall be published in a newspa-
per in the city of Chicago, Illinois, showing the amount of
such stock so transferred, and the person to whom it is
transferred.
§ 8. This act shall be a public act, and shall be in force
from and after its passage, and be subject to all general
laws concerning banks or savings, loan and trust compa-
nies.
Approved March 9, 1867.
Corporators.
In force March AX ACT to incorporate The International Mutual Exchange and In-
7, 1807. vestment Corapany.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented m the General Assembly, That Elisha
Wadsworth, Horace F. Waite, L. P. Hilliard, Van II. Hig-
gins, Andrew Brown, Charles L. Wilson, and all others
who may become associated with them as subscribers agree-
ing to take and pay for one or mure shares in either class
or grade of the common stock of the capital of the corapany
hereby created, their successors and assigns forever, be and
they are created and made a body politic and coi-porate, by
the name and style of " The International Mutual Ex-
change and Investment Company," and by that nanie
shallbe and are hereby empowered to buy and is^sue and
Bus^nesss pow- ^^^^ ^.j^^ of exchange, commercial or bank credits, gold and
silver coins, bullion, public stocks or other merchantable
securities; to open and keep current drawing accounts and
mutual credits with its bank or commercial coi'respondents
and also with aT)y of its own stockholders; to purchase, have,
hold, possess, aiid enjoy by themselves, successors or as-
signs, such lands, tenements, hereditaments, goods, chat-
Name and style
BANKING INSTITUTIONS, ETC.
107
tels, values aud effects of every kind, needful to conduct
the business of the said company; and all or any of the^
values hist above named, to use, sell, assign, or dispose of
for the best interests of the corporation hereby created; they
may, in their corporate name, sue and be sued, plead and
be impleaded in all courts of law and equity ; may have and
use a common seal, and the same to change, alter, or renew
at pleasure, and all contracts of this corporation shall be
valid, with or without the seal of the company. The head Head of office.
othce of the said company shall be in the city of Chicago in
the state of Illinois, and it may establish branches and agen- ^^^^"endls?''^
cies or appoint an agent wheresoever the business ot the com-
pany may require, and again, the same at pleasure to
abolish or revoke.
§ 2. The chief objects and purposes of the said company ^^jl^l^^^ ^"'''
are declared to be to undertake to establish and to establish
and maintain, as far as may be practicable, useful and profi-
table a system of international and domestic exchange,
commercial and bank credits; and to invest and to re-invest
its surplus funds, not required for exchange and credits, in
none other but merchantable and quick convertible securi-
ties ; and to advance the objects and purposes aforesaid, to
encourage the purchase of shares in the capital stock of tha
said company by dealers in exchange throughout the United
States and in other countries ; and establish such branches
and agencies of the said company and in any place to ap-
point such special or general agent or agents or officers of
said company as may be deemed expedient and define
their duties and powers, and fix the compensation, and any
of them to remove at pleasure ; and through such agencies
and through the correspondents of the association in for-
eign countries, to diffuse such statistics as to the facilities for
the profitable employment of capital, acquirement of home-
stciids and remuneration for labor in the western states and
territories of the United States, as may be deemed most
beneficial to persons residing abroad, but intending to seek
permanent homes in this country.
§ 3. To carry out the objects and purposes hereinbefore Establishment
expressed and to facilitate the business of said company it andagents^
may establish branches and agents and agencies in all places
wheresoever useful for the transaction of its affairs or deal-
ings and abolish or revoke any one or more thereof at
pleasure.
§ i. The capital stock of said company may be acquired *^'^p"^' ^*°^^'-
by issue and sales of certificates of shares therein, in such
uniform amounts for share and with such class or grades of
preference as to a share or shares in the dividends of the
net profits of the said company, and with such terms and
conditions as to the retirement or extinguishment of any
such share or shares as the said company, or a majority of
them, may deem proper to ordain, fix or establish. The
108
BANIKING INSTITUTIONS, ETC.
Contrtfl and
manascement
of affairs.
Organization.
Vote of Steele
holders.
Stock shares.
total amount of said capital outstanding at any one time
may be to the extent of five hundred thousand dollars.
None of said shares shall be sold less than their par value,
§ 5. The business and affairs of said corporation shall
be under the control and general management of a board of
not less than nine directors. The first board of directors
shall be elected by the corporators aforesaid, or such of
them as may act, together with such other persons as may
become associated with them as subscribers to the stock of
said company ; and thereafter the said directors shall be
elected by ballot, by and from the stockholders of said com-
pany. They shall hold their office for the term of three
years, and until others shall be elected or chosen to fill
their places. In case of a vacancy by death, resignation or
otherwise, the remaining directors may. fill such vacancy
by appointment, until the next regular election ; a majority
of said directors shall always be residents of the state
of Illinois. The said board of directors shall have power
to ordain and put in execution such by-laws and regu-
lations as they may deem proper for the well ordering-
and government of said corporation: Provided^ they be
not repugnant to the laws of the United States or of this
state, or to the provisions of this act of incorporation. They
shall have power to appoint all such officers and agents as
they may think desirable ; and to fix their salaries, compen-
sation, duties and terras of office. They shall require the
officers in charge of the head office of said company to make
out an annual report of the resources and liabilities, receipts
and expenses, business and losses of the company, to be
verified by affidavit, of which report each stockholder shall
be entitled to a copy, on application at the office of the
company.
§ 6. At any time within five years from and after the
passage of this act, the said corporators or such of them as
may act, shall proceed to organize the company by the
election of the first board of directors, and open books for
subscription for the capital stock of said company; and sub-
scribers therefor may be required to pay for the stock so
subscribed for by them, in installments as may be ordered
by said board of directors, and they may and shall forfeit
for the use of the company all installments and payments
that may have been made by them thereon, upon failure
to make due and punctual payment of any installment that
maj" be called for or ordered by said directors.
§ T. At all elections for directors the stockholders shall
be entitled to one vote, by themselves or proxy, for each
share of common stock held and owned by them respec-
tively.
§ ' 8. Shares in the capital stock shall be transferable
only on the books of said corporation, according to the
rules and regulations of the company.
BANKING INSTITUTIONS, ETO. 109
§ 9. No director or officer of the company shall become Liabilities sf
liable to it as maker, accepter or indorser of any note, bill stockiioiders.
or voucher fur the payment of money.
§ 10. Any number of owners of stock in the said com-
pany, and representing, as owners, as much as one thousand
dollars of the said capital stock, may, on request, after the
close of business hours have reasonable inspection of the
books, vouchers and values of the said company.
§ 11. After the company has been oro:anized for two semi-annuai
years, their offices in charge of the head office shall make statements.
semi-annual statements of the expense, loss and profits of
the company, of the disposition of its funds, and the same
to verity by affidavit, and a copy of such statement to pre-
pay suificient postage thereon, address and mail to the
registered address of each owner of shares in the said capital
stock.
§ 12. It shall be lawful for the directors to guarantee Dividends.
and pay from the net profits of the company's business pre-
ferred dividends.
§ 13. Til ere shall be a meeting of the stockholders at Meetings of
the office of the company in Chicago on the third Wednes- ^to^^^hoiders
day of May of each and every year. Six stockholders. Quorum,
representing, either by ownership or proxy, one-half of the
capital stock of the company, shall constitute a quorum for
transacting business.
§ 14:. The company shall not at any time issue, or sell saie of drafts,
its own bills of exchange, drafts or letters of credits for any ^'"'' ^*'=-
larger amount in the aggregate, than the total amount of its
unimpaired, paid up capital, except as to mutual credits
opened between the said company and bankers or brokers
or commercial houses domiciled in foreign countries or
other states, and except upon good and merchantable secu-
rity lodged or pledged in favor of said company.
§ 15. Nothing herein shall be construed to authorize Banking busi-
the business of general banking. fhonzed.'""
§ 16. This act shall be deemed and taken to be a public Public act.
act, and to take effect from and after its passage.
§ 17. The stockholders of said company shall be per- i-iabiiities.
sonally liable in double the amount of stock held by them,
respectively, to make good to depositors or others any
losses sustained by them, which liability shall continue for
six months after the transfer of any share of stock shall have
been published in a newspaper published in the county
where said corporation is doing business, showing the
amount of stock so assigned, the person to whom assigned.
This act shall be subject to anv general law hereafter pas- Act subject to
sed on the subject of banking or banks. Unless said cor- f^^Zl^^'"''^
poration shall organize and proceed to business within two
years after the passage hereof, this act shall be void.
Appkoved March 7, 1867.
Rates of inter
est.
110 BANKING INSTITUTIONS, ETC.
In force March -^^ ACT to incorporate the Peoria Saviugs Bank.
8, 1S6T.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That John
Corporators. Hiimlin, Joliii L. GHswold, Washington Cockle, Thomas C.
Moore, Alexander Allison, William A. Henou, Heury T.
Baldwin, Robert Arthur Smith, John C. Proctor, Louis
Green, Amos O. Bartlett, Alexander McCoj and Horace G.
Anderson, and their successors, are hereby constituted a
Name. body Corporate and politic, by the name of " The Peoria
Savings Bank," to be located in the city of Peoria, in said
state.
Money deposits. § 2' That the Said Corporation shall be authorized to re-
ceive deposits of money from any person or persons who
may wish to enjoy the advantage of the same, for the pur-
poses and according to the directions herein prescribed.
§ 3. That all deposits of money received by said cor-
poration, shall be used and improved to the best advantage,
and pay such interest thereon as the trustees may from
time to time direct to be allowed, and the principal of such
deposits may be withdrawn at such times and in such man-
ner as the said corporation may direct and prescribe ; and
it shall be the duty of the board of trustees of said institu-
tion to regulate tlie rate of interest to be allowed to deposi-
tors, so that they shall receive a ratable proportion of the
profits, after deducting all necessary expenses in the man-
agement of the business of said corporation. The rate of
interest to be allowed to depositois, to the amount of live
hundred .dollars ($500) and upwards, shall be at least one
per cent, per annum less than the interest allowed others.
Management of § *• That the busiucss and property of said cori_)0!-ation
business and shall be managed by a board of trustees, thirteen in num-
proper y. ^^^^^ ^^j^^ ghall at their first meeting, and as often as it may
be necessary, elected by ballot, from their number, a presi-
dent, vice-president and cashier. The several persons
named in the first section of this act shall be the first trus-
tees, and all vacancies in said board, caused {)}' death, resig-
nation, removal or failure to act for the space of six months,
shall be filled at the next regular meeting thereof afrer such
vacancy shall arise, and the person receiving a majority of
the votes of the trustees present, shall be duly elected.
Five trustees, of whom the president, vic9 ])resident or
cashier shall be one, shall constitute a quorum fur the trans-
action of all ordinary business. The trustees or managers
of said cor|)oration, as such, shall not receive any pay or
emolument for their services, but this last provision shall no't
appl}' to the cashier or financial officer of said corporation,
and the said trustees shall be responsible and liable to de-
positors for all losses resulting from defalcations by or
through ofiicers, agents or employees appointed or em-
ployed by said trustees, or for any losses resulting from
BANKING INSTITUTIONS, ETC. Ill
neglect of said trustees in attending to their duties as such,
as provided in the by-laws ; and it is further expressly pro-
vided that said corporation shall not carry on a general or
commercial banking or exchange business.
§ 5. That said corporation may have a common seal, geai.
which they may change or renew at pleasure ; and that
all deeds, conveyances, or grants, covenants and agree- ^^^^^^ convey-
ments, made by their president, vice-president or cashier, ances, etc.
by their authority and direction, according to their iustruc-
ti'ons, shall be good and valid ; and said corporation shall at
all times have power to sue, and may be sued, to plead and
be impleaded, and defend, and shall be ruled to-answer by
the name and style of the corporation.
§ 0. It shall be lawful for said corporation to receive investments.
and take on investment of moneys under this act such a
rate of interest, not exceeding ten (10) per cent, per annum,
as may be directed by the board of trustees or managers
thereof.
§ 7. That no trustee or officer of said corporation shall Borrowing mo-
directly or indirectly borrow any of the moneys of said cor- ^^^'
poration, or in any manner use the same, except in the law-
ful business of said corporation. All certificates or evi- Evidences of
deuces of deposit made by the proper officer or officers, shall '^^'^°^^^-
be as effectual to bind the corporation, as if made under the
common seal thereof Said corporation are hereby prohib-
ited from issuing any bills or notes to circulate as money.
§ 8. A misnomer of said corporation in any deed, gift or Misnomers
grant or instrument, contract or conveyance, shall not viti-
ate the same, if the corporation shall be sufficiently de-
scribed therein to declare the intentions of the parties.
§ 9. The books of said corporation shall at all times Books open for
during the hours of business be open to the inspection and inspection.
examination of the auditor of public accounts in this state,
and such other person or persons as the legislature shall
designate or appoint.
§ 10. That said corporation are hereby authorized to possession and
take, hold and convey such real estate in the city and county ^eaSa^ef °^
of Peoria, as may be necessary and convenient for an office,
or place for the transaction of business, and such as may be
conveyed to said corporation as security or in payment of
debts, or purchased by it at sales under judgments or
decrees recovered by or belonging to said corporation, and
such personal property as may be necessary and convenient
for its business.
§ H. When any deposit is made by any person being deposits of mi-
a minor, or bv a female, being or hereafter becomino; a nors and mar-
1 -1 ~ , . , . ^ ned women-
married woman, in her own name, the said corporation may
pay to each depositor such sums as may be due to him or
her ; and the receipt or acquittance of such minor or mar-
ried woman shall be a legal discharge to said corporation.
212 BANKING INSTITUTIONS, ETC.
County deposi- § 12. It is made the duty of said corporation, when au-
^^''y- thorized by the court, to receive and hold as depositary,
all moneys which may hereafter come to or be paid into
either of the courts of Peoria county, sitting either in com-
mon law or in chancery, subject at all times to such rules
and regulations concerning the management of such mon-
eys as the judges of said courts may from time to time
make or prescribe, not inconsistent with the provisions of
this act.
Investments in § 13, It shall be lawful for said corporation to invest
bonds, stocks, moneys which they shall receive in any bonds or stocks of
the United States, or the state of Illinois, or of the county
or city of Peoria, or upon bonds secured by mortgage upon
unincumbered real estate in the city or county uf Peoria,
worth at least double the amount loaned, or upon any other
security which shall be deemed by the board of trustees or
their finance committee to be amply sufficient ; and also to
make temporary depbsits in any of the banks incorporated
by the United States or the state of Illinois, located in the
city of Peoria, or in any incorporated bank in the city of
New York.
Surplus fund. § ^'^- The Said Corporation is hereby authorized to accu-
mulate gradually, and hold invested, a surplus fund not ex-
ceeding twenty (20) per cent, on the amount of deposits, to
the end that in case of reduction in the market price of any
of the securities held by said corporation, any loss to de-
positors by reason of such reduction, may be prevented,
and made good by said fund.
The accumulated fund of five per cent., herein provided
for, and the real and personal property belonging to said
Funds liable t« Corporation, shall be liable to taxation as other real and per-
taxation. . gonal property, but said corporation shall not be liable to
taxation on deposits made therein, or on any security or
securities taken for or on any investment or investments of
the same.
First meeting of § ^^- The first meeting of the trustces of Said corpora-
trustees. tiou shall be held in the city of Peoria at any time within
ninety days after the passage of this act, ten days' notice of
such meeting by publishing in some newspaper jjrinted in
the city of, Peoria.
The said corporation are hereby vested with the power of
making by-laws for the more orderly management of the
business of the same : Frovided^ they are not repugnant to
the laws of this state, and the same corporation are hereby
expressly prohibited from engaging in a general or commer-
cial banking or exchange business.
§ IG. This act shall take effect from and after its
passage, and may be altered, amended or repealed at the
pleasure of the legislature of this state.
Appkoved March 8, 1867.
By-laws.
BANKING INSTITUTIONS, ETC. 113
In force March
AN ACT to incorporate the Sterling Bank of Sterling, in Whiteside county.
Section 1. Beit enacted hy the People of the State of
Illinois^ represented In the General Assembly^ That William
A. Sanborn, George P. Richmond, John S. Miller, John
Sanborn, William H. Whipple, A. J. Mattson, Samuel S.
Patterson and James M. Wallace, and their associates and
successors, and. such other persons as may become stock-
holders in the association, are hereby created and declared corporators.
and constituted, a body corporate'and politic, by the name
and style of "The' Sterling Bank" of Sterling, Whiteside ^-■^^^"'^^'y*^-
county, and shall have a perpetual succession, a common
seal, power to plead and be impleaded, to appoint all p°^^"-
necessary servants, and. exercise all the powers necessary to
carry out and execute the purposes and intent of this act.
§ 2. The capital stock shall be fifty thousand dollars, capital stoot.
with power to increase the same to iive hundred thousand
dollars ; and shall be divided into shares of one hundred
dollars each, which shall be deemed personal property, and
shall be transferable on the books of said company, in
such manner as its by-laws may prescribe. The corporators
or a majority of them, may open books for the subscription stock subscrip-
of stock, at such time and place as they may appoint ; and
when the sum of fifty thousand dollars is subscribed, and
one-half of the same paid in, the said corporators, or a
majority of them, shall give notice to the stockholders of
a time and place for a meeting to elect directors and organ- Meeting of
ize said corporation ; which, said notice shall be given at i|ot°e^of "^^^^^
least ten days previous to such meeting, in some newspaper
published in Whiteside county. The stockholders may
elect five directors, who shall be stockholders, and shall Election of di-
hold their offices for one year, or until their successors are '^'''°"'
elected and qualified. When elected the directors shall
elect a president from their own body annually, shall President.
appoint the necessary officers and agents for the corporation; officers, agents.
and shall make such by-laws to control the business of the By-iaws.
corporation, as its interests may require.
§ 3. The said corporation shall have power to borrow Business and
money, or receive money on deposit, and to loan the said operations.
money at any rate of interest not exceeding that now allowed
by law to individuals, (or to discount in accordance with bank
usages ; tmd in the computation of time, thirty days shall
be a month, and twelve months a year,) taking such security
therefor, real or personal, as the directors of said corpora-
tion shall deem sufficient ; may buy and sell exchange bills,
notes, bonds or other securitie's ; may have and hold coin
and bullion ; may grant and purchase annuities, issue letters
of credit, and other commercial obligations ; Provided, the
same shall not be in the similitude of bank notes or other
evidences of debt, designed to circulate as money.
114 BA.NKING INSTITUTIONS, ETC.
I
^^id^M^vefi § ^' The said corporation shall have power to purchase
estate. ' and hold all such real and personal estates as may be
required for the transaction of their business; to hold real
estate as security for and in payment of loans and debts
due, or to become due to said corporation ; and to purchase
any real or pergonal estate at any sale; to enforce its securi-
ties or the payment of debts due, of mortgages or deeds of
trust, and hold said property, or to sell and convey the
same or any part thei-eof, at such a price and under snch
conditions as the board of directors may direct.
Dividends. g ^^ rpj^^ board ot directors shall have power to declare
dividends on the stock ot said corporation from time to
time, and at any time after the accumulation of protits of
said corporation shall exceed live per cent, on the amount of
Proviso. capital actually paid in : Frovided^ said dividends do not re-
duce the surplus ot profits of sai<l corporation below ten per
cent, on the amount of capital actually paid in ; but in no case
shall tlie amount of any dividend be paid over to any
stockholder, on his or their stock, until the amount of fifty
dollars ^^er share has been paid in to the said corporation.
Calls for pay- § 6. The board of directors shall have power to call for
men o s oc ^. ^^^ payment of the balance due on the subscriptions to the
stock of this corporation, at such times as they may deem
proper ; and, in the event of the non-payment of the balance
due by any stockholder on his stock, within sixty days after
due notice, the board of directors may at their option,
Enforeementof enforce the payment of such balance due, or sell by public
^a"signmenf °^ aiictioii to the bcst advantage, t e amount of stock standing
shares. j^ the name of said non-paying stockholder to any person
■"proceidrof *^^ °'' persons, and the proceeds of such sale, after deducting
the costs and expenses thereof, shall be paid over to such
non-paying stockholder, who shall thereupon cease to be a
stockholder in this corporation, and the purchaser or pur-
chasers ot said shares of stock, shall have and enjoy all the
Privileges of privileges and protits accruing or accrued to the said
purchaeersof g}^j^,,gg ^t^ gtock, and shall bccome liable for the payment of
all calls then due, or thereafter made, on said thares of
stock.
stockholders § T. The stockholders shall be responsible in their indi-
liabiiities. vidnal property, in double the amount of their stock, to
make good all losses to depositors or otiiers, and no assign-
ment of their stock shall release them from said liability
until after the fact of such assignment, and name of the
person to whom made, and the amount of said stock, shall
have been advertised in some public newspaper printed in
the county where this corporation is doing business, and
Company Mih- locatcd for tlic period of three months. Said comi)any shall
ject to general be subjcct to any general law of this state on the subject of
janiiing aws. ■|^.^^|,g ^^j. |)fii]i^i,)g_ This act sluill be void unless said corn-
Time of organ- paiiy sliall organize and proceed to business, within two
ization limited. ^^^^^ j^f^^j. ^.j^^ passage hcreof.
BANKING INSTITUTIONS, ETC. 115
§ S. This act shall take effect and be in force from and
after its passa(2;e.
Appkoved March 9, 1867.
A.N ACT to incorporate the Farmers' Exchange and Loan Company. jn forae March
9, 1867.
Section 1. Be it enacted hy the People of the State oj
Illinois, re])reienttd in the General Assembly, That John corporators.
A. Prickett, F. T. Kraft and John 11. Yasfer, and their
associates and successors, and all such persons as shall
become lawfull}' stockholders in the company hereby
created, shall become a body politic and corporate, by the
name and style of "The Farmers' Exchange and Loan Name and style.
Comiiany." and shall have succession, a common seal. Powers of cor-
'•'',, ■,■,.111. • i 11 poration.
])Ower to plead and be impleaded, to appoint ail necessary
officers, servants and assistants, and may have and enjoy
and exercise all the powers necessary to carry out the pur-
poses of this act, and the office of the company so created
shall be located in Madison county, Illinois.
§ 2. A majority of the corporators hereby named may stock .subscnp-
proceed to open books for subscriptions to the capital stock
of said company, and shall, at the same time, or thereafter,
desitrnate a time and place for the first election of directors
of said company, by persons subscribing to the capital stock
thereof; and each' share of capital stock so subscribed for
shall be entitled to one vote.
§ 3. The capital stock of said company shall be twenty- capital stock.
five thousand dollars, with power to increase the same to
five hundred thousand dollars, to be subscribed and paid
for in the manner prescribed by the by-laws, to be framed
by said company, and shall be divided into shares of one
hundred dollars each, which shall be deemed personal pro-
pertN-, and shall be transferred on the books of said com-
pany, in such manner as its bj^-laxvs may prescribe.
§ 4. The said company shall have power to borrow ntoney ^op^rffions.'''"'^
and receive money on deposit, and to loan money, within or
without the state, at any rate of interest, not exceeding that
now or hereafter allowed by law to private individuals, and
to discount, according to the usages of banks, (and in com-
putation of time thirty days shall be a month and twelve
months a year,) and to make such loans payable, either
within or without the state, and to take such securities there-
for, real or ])ersonal, or both, as the directors of the company
may deem sufficient, and may secure the payments of such
loans by deeds of trusts, mortgages, or other securities, either
within or without the state, and may buy and sell bills,
notes, exchange, bonds or other securities; may have or
116
BANKING INSTITUTIONS, ETC.
Possession
property.
By-laws.
Responsibility
ofstockhoiders
Time of organi-
zation.
hold bullion and coin, may accept all sucli trusts, either
fiduciary or otherwise, as shall or may be committed to it
by any person or persons, or by the order or direction of
any court or tribunal; may make such special regulations
in reference to trust funds or special deposits left for safe
keeping as shall be agreed upon with the depositors or
parties interested ; may issue letters of credit and other
commercial obligations.
§ 5. It shall be lawful for the company hereby incorpo-
rated to purchase and hold such real estate as may be con-
venient for the transaction of its business, and to take and
hold any real estate, in trust or otherwise, as security for, or
in payment of loans or lor debts due or to become due to
said company; to purchase real estate made in virtue or on
account of any loan, mortgage or trust made to or held by
or for said company, or in which it is interested, and to
receive or take in satisfaction of any loan or debt, and to
hold, use, improve and convey the same.
§ 6. The affairs of said company shall be managed by
a board of not less than three directors, who shall be elec-
ted at such time and place as may be jDrescribed by the
by-laws, and shall hold their office for one year and until
their successors are elected and qualified.
§ T. The directors shall have a right to form by-laws
for the general management and control of the afiairs of
the company, not inconsistent with the laws of this state or
the United States, and to declare dividends out of the earn-
ings of said company.
§ 8. The stockholders herein mentioned shall be respon-
sible in their individual property in double the amount of
their stock to make good all losses to depositors or others,
and no assignment of their stock shall release them from
such liability until after the fact of such assignment and
name of the person to whom made, and the amount of said
stock shall have been advertised in some public newspaper
printed in the county where this corporation is doing
business and located for the period of three months.
§ 9. This act shall be void unless said company shall
organize and proceed to business within two years of the
passage hereof,
§ 1^. This act shall take effect and be in force from
and after its passage.
Approved March 9, 1867.
BANKINa INSTITUTIONS, ETC. 117
AN ACT to incorporate the Marion County Trust and Loan Companv. In force March
^ 8,1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ rejpresented in the General Assembly^ That John corporators.
Cunningham, George W. Pace, Benjamin F. Marshall,
Henry C. Moore, James S. Martin, David P. Snelling,
Daniel K. Green, and Benjamin Lydick, and their associ-
ates and successors and such persons as shall become stock-
holders in the company hereby created, shall be a body
politic and corporate, by the name and style of "The Ma- Name and style
rion County Trust and Loan Company," to be located in
the city of Salem, Marion count}', Illinois ; and shall have powers,
succession, a common seal, with power to sue and be sued,
to plead and be impleaded, contract and be contracted with,
to appoint all necessary officers, servants and assistants,
and may have, enjoy and exercise all powers necessary to
carry out and execute the powers and interests of a trust,
deposit and loan company.
§ 2. The capital of the said corporation shall be fifty ^'^p''^^ ^^^^''^
thousand dollars, with liberty to increase the same to five
hundred thousand dollars, to be subscribed and paid for in
the manner hereinafter provided, and shall be divided into
shares of one hundred dollars, which shall be deemed per-
sonal property, and shall be subscribed on the books of said
company in such manner as its by-laws may prescribe.
§ 3. The said corporation shall have power to borrow ^^^y '^°"°^
'^ , . •'■ T • ^ 1 . monev.
money and receive money on deposits, and pay interest
thereon, and to loan the said money at any rate of interest
not exceeding that now or hereafter by law allowed to in-
dividuals, and to discount in accordance with bank usage ;
and in the computation of time thirty days shall constitute
one month, and twelve months one year; and to take such
security, real and personal, as the directors or managers of
said company shall deem sufficient ; and may buy and sell
exchange, bills, notes, bonds or other securities ; may have
and hold coin and bullion, and buy and sell the same ; issue
letters of credit, certificates of deposit and other commercial
obligations: Provided, the same shall not be in the simili- Proviso.
tude of bank notes or other evidences of debt designed to be
circulated as money.
§ 4. It shall be lawful for the company hereby incorpo- Real estate.
rated to purchase and hold such real estate as may be con-
venient for the transaction of its business, and to take and
hold any real estate, in trust or otherwise, as security for
or payment of loans and debts due or to become due to the
said corporation or others ; to purchase real estate at any
sale made in virtue or on account of any loan, debt or
mortgage or trust made to or held by said corporation ; and
to receive and take in satisfaction of any loan or debt, any
real estate and hold and convey the same; and to acquire,
118 BANKING INSTITUTIONS, ETC.
hold, possess and use and convey the same; to sell, lease,
convey and dispose of all such real estate and personal proper-
ty as it may deem necessary for the use by said corporation,
or as may be deemed by the directors proper and necessary
to carry on the business and accomplish the object of the
corporation or for the promotion of its interests.
Directors. g 5, The affairs of this company shall be managed by a
board of directors, of at least live in number, a msijority of
whom shall constitute a quorum for the transaction of busi-
ness, who shall be stockliolders in the corporation. The
Election. election of said directors shall be held by the stockholders
wlien thirty thousand dollars shall have been subscribed to
the capitalstock of said corporation and ten per cent, paid
thereon, and three of the corporators herein named shall be
commissioners to open books for subscription,
EJljC^'ons, %yhen g 0. The clcction of directors shall be held annually at
the office of the corporation, and the board shall give at
least ten days' notice thereof to the stockholders, in such
manner as they may determine. Every election for directors
shall be by ballot, and the number of shares owned b_y each
stockholder shall be indorsed on the ballot by the person
rr persons who may receive the same, and a plurality of
votes shall elect. Every stockholder shall be entitled to
one vote for every share of stock standing in his or their
name on the books of the corporation, and he or they may
vote in person or by proxy. Any omission or failure to
elect directors shall not in anywise impair the rights of
stockholders, depositors or others interested, and the direc-
tors in office shall hold over until their successors shall have
been elected.
stock to be call- § 7. Within sixty days after the election of the first
^'''°- board of directors as provided in section live of this act, the
board of directors shall call in an additional sum of ten
dollars per share on each share of said stock, to be paid at
such time and place as the directors shall appoint on due
notice to said subscribers. The shares of every stockholder
omitting to make such payment shall be forfeited, together
with all previous payments made thereon. After the pay-
ment of live dollars per share on the amount subscribed, as
provided in the foregoing section, the corporation shall be
fully organized ; and after the payment of lifteen dollars
per share on the whole number of live hundred shares of
the capital stock of the corporation, they may commence
business in the full enjoyment of the privileges of this char-
ter, at such place in the said as the said directors
may designate.
Balance of § 8. The board of directors shall have power to call for
clufeVin^^ the payment of the balance duo on the subscription to the
stock of the corporation at such time as they may deem
proper, and in the event of the iion-payment of the balance
due by any stockholder on his stock within sixty days after
BANKING INSTITUTIONS, ETC. 119
due notice, it shall be lawful for the directors, at their op-
tion, to enforce such payment, or to sell at public auction to
the best advantage the amount of stdck standing in ihe
name of said non-paying stockholder, who shall thereupon
cease to be a stockholder in the corporation ; and the pur-
chaser or purchasers of said shares of stock shall have and
enjoy all the privileges and protits accruing on account to
the said shares of stock and become liable for the payment
of all calls then due or thereafter made on such shares of
stock.
§ !.>. The board of directors shall have power to declare Board to de-
dividends on the stock of the waid corporation, from time to dends,'""
time, after tlie accumulation of the profits of said corporation
shall exceed five percent, on the amount of capital actually^
paid in : Provided., said dividends shall not reduce the sur-
plus of profits of the corporation below five per cent, on
the amount of capital actually paid in ; but in no case shall
the amount of any dividend be paid over to any stockholder
on his or their stock, until the amount of twenty-five dol-
lars has been paid into said corporation.
§ 10. At any time after the full payment of the original capital stock
capital of fifty thousand dollars into the corporation, as w-eLed*^ *°'
hereinbefore provided, the board of directors may increase
the capital stock of the corporation to the amount limited,
or any part thereof, in shares of one hundred dollars each
in such manner as may be deemed proper ; and such in-
crease shall be liable and subject to all the liabilities, im-
munities and privileges of the original stock as provided
in this act. Stockholders shall have the option of subscrib-
ing to such increased stock, pro rata, within such time as
the directors may limit, of which due notice is to be given.
§ 11. That any real estate acquired in fee by this cor- Real estate to
poration, either by purchase or in payment or satisfaction of ^^ ^°^^'
any loan or debt, atid not held in trust or security by other
than what shall be necessary for the convenient use of the
same for the transaction of its business, shall not be held
by the said corporation longer than ten years and shall
within that time be sold and conveyed, either at public or
private sale, so as to divest the corporation of the title to
and in fee in the same.
§ 12. The corporation hereby created shall exist for corporation to
the term of twenty -five years from the passage of this act. t^y-sve^yVil^s"'
The stockholders herein shall be responsible in their indi-
vidual property in double the amount of their stock to make
good all losses to depositors or others, and no assignment
of their stock shall release them from said liability until
after the fact of such assignment and name of the person to
whom made, and the amount of said stock shall have been
advertised in some public newspaper printed in the county
where this corporation is doing business and located for
the period of three months. This act shall be void unless in whatcaseaet
120
BANKING INSTITUTIONS, ETC.
said company shall organize and proceed to business within
Company to be two vears after the passage hereof. The said company
subjectto to- gj^^j^ ^^ subject to the provisions of any law hereafter pas-
sed on the subject of banking, trust or deposit companies.
§ 13. This act shall take effect and be in force from and
after its passage, and shall be a public act.
Approved March 8, 1867.
In foroe April
5, 1867.
AN ACT to incorporate the Illinois Land and Loan Company.
Section 1. Be it enacted by the Feo])le of the State of
Illinois, represented in the General Assembly, That Cephas
Clapp, John C. Bigelow, Levi Kelsey, L. B. Shattuck,
Plenry C. Reed and Wm. Kelsey Reed, and all such per-
sons as shall hereafter become stockholders in the company
hereby incorporated, shall be from and after the passage of
this act, a body politic and corporate, by the name and style
Name and style, of "The Illinois Land and Loan Company," and by that
name and style shall be capable of suing and being sued,
Corporate pow- impleaded, answer or defend in law or equity in all
®'^' courts or places whatsoever; make and use a common
seal, and to alter or renew the same at pleasure, and hy
their said corporate name and style shall be capable in law
of contracting and being contracted with, and shall be and
are hereby invested with all the powers, privileges, immu-
nities and franchises of acquiring by purchase or otherwise,
and of holding and conveying all real and personal estate
which may be needful or convenient for carrying into effect
fully the objects and purposes of this act; and may receive
and make all deeds, transfers, covenants, conveyances,
grants, contracts, agreements and bargains whatsoever for
such purposes, and generally may do every other act or
thing to carry into effect the provisions of this act and pro-
mote the objects and designs of said company as by this act
authorized.
§ 2. The said corporation is hereby authorized and em-
powered to improve in such manner as shall be conformable
to the laws of this state, and not contrary to or inconsistent
with any of the rights or privileges of the city of Chicago or
of any citizen'of this or of the United States or other per-
son, such portions of the following described lands and ])rop-
erty as said company shall acquire title to, situate in the
county of Cook and state of Illinois, to-wit: The east half
of the southwest quarter and the west half of the southeast
quarter of section twenty-five, in township thirty-nine
north, range thirteen east of the third principal meridian,
and any other lands and appurtenances which may belong
Rights and
privileges.
BANKING INSTITUTIONS, ETC. 121
to said company, by laying the same out into lots, streets,
squares, lanes, alleys and other divisions, and by surveying,
locating, constructing, altering, maintaining and operating AUerations.
one or more slips or canals, and to connect such slips or
canals with the south branch of the Chicago river, or to
improve the same in any manner it may deem advisable, in
such a way as not to injure the navigation ot the said river;
and to make, purchase and dispose ot bonds and other obli- Bonds.
gations of indebtedness in the same manner and to the same
extent as individuals are or may be authorized to do, and to
borrow money upon such terms and at such rates of inter- To borrow
", . ' I • T money.
est, not exceeding ten per cent, per annum, as the said com- ,
pauy may deem proper ; to lend any moneys received from ^^'*^®-
rents or other sources, on real, personal or other security at security for
any rate of interest not exceeding that now allowed by law to
individuals, and generally to do whatever may be expedient
for accumulating and increasing its moneys, funds or other
assets for the benefit of said company or other parties, as it
may deem advisable.
§ 3. The capital stock of said company shall be one capital stock.
hundred thousand dollars, which may be increased from Amount.
time to time to any sum not exceeding one million dollars. Limit,
or diminished at pleasure, divided into shares of one hun- shares.
dred dollars each, which shall be deemed personal property
and may be issued and transferred in such manner as may
be ordered and provided by the board of directors, who Directors.
shall have power to require the payment of the sums sub-
scribed by stockholders, in such manner and on such terms stoekiioiders.
as they may think proper; and on refusal, neglect or default Neglect of.
on the part of the stockholders or any of them, to make
payment as, and when required by the board of directors,
the said company may sue for and collect the same, or may,
after four weeks' notice thereof in some newspaper published
in the city of Chicago, sell the shares of such delinquent Delinquents,
or delinquents, at public auction, to the best advantage,
under such rules as the board may adopt ; the surplus
money, if any remaining after deducting the payments due,
with the interest and costs of sale, to be held by said com-
pany payable to the order of such delinquent stockholder
or stockholders, or his or their legal representatives.
§ 4. The corporate powers of said company shall be Board of direc-
vested in a board of directors, and such officers and agents
as such board shall appoint. The board of directors shall
consist of not less than five nor more than ten persons, who
shall be stockholders in said company, such directors to be
chosen annually by ballot, and the name and number of "^tfon." "^ ^^'*"
shares owned by each stockholder so voting shall be
indorsed on the ballot, each share having one vote, which
may be given in person or by proxy; a plurality of votes
shall elect; a failure to hold the' annual election shall not
work a forfeiture of this charter or of any of the rights and
Vol. 1-9
122
BANKING INSTITUTIONS, ETC.
Vacancies,
ow filled.
When election
shall be had.
Commissioners
to open books.
Money.
How disposed of
Notice.
Time and place.
Result of elec-
tion.
Organization.
President.
To borrovi
money.
Kates.
Bond*
pi'ivileges herein granted, and in all cases the existing board
of directors shall continue in office until their successors
are elected and qnalilied; vacancies in the board may be
filled at any time by vote of two-thirds of the directors
remaining, snch directors to continue in office until their
successors are elected and qualified. The officers of said
board and the officers, agents, servants and employees of
said company, whether members of the board of directors
or otherwise, may be appointed, employed, paid and dis-
missed under such rules and regulations, and may be re-
quired to enter into such bonds as the board of directors
may from time to time adopt and direct; all future elections
shall be held at such time and place and in the manner
which may be prescribed by the by-laws and regulations of
the said company,
§ 5. The election of directors shall be had by the stock-
holders when fifty thousand dollars shall have been sub-
scribed to the capital stock of said company and live per
cent, paid thereon. Any three of the corporatoi's herein
named shall be commissioners to open books for subscrip-
tions to the stock of said company and each subscriber shall
pay to such commissioners or their agents at the time of
such subscription live dollars on each share by him sub-
scribed. The money so received by the commissioners
shall be paid over to the dii'ectors when elected and quali-
fied. When the sum of fifty thousand dollars shall have
been so subscribed, the commissioners so acting or a major-
ity of them shall call a meeting of the stockholders to
clioose five stockholders as the first board of directors of
said company by giving at least two weeks' notice in some
newspaper published in the city of Chicago, of the time
and place of holding such meeting, and shall attend and act
as inspectors of said election at such meeting. They shall
certify the result of said election under their hands, which
certiticate shall be recorded in the record book of said com-
pany, and shall be sufficient evidence in all places of the
election of the directors therein named. AVhen the board
of directors are so chosen the said conjpany may enter
upon, enjoy and continue in the benefits and provisions of
this act, exercise the powers herein confeirod, and be con-
sidered as fully organized. The directors shall appoint one
of their number pi-esident, and may make and execute sucii
by-laws as may be convenient and necessary tin- the ju-oper
prosecution of the business of the comj)any : Provided, the
same be not repugnant to the laws of the United States or
of this state or to this act.
§ 6. The said company shall have power to borrow, or
obtain on loan, any sums of money and on such terms as
they may deem expedient for said company, and issue notes
or bonds for the same, secured by mortgage on the prop-
erty of the company or otherwise. And the directors of
BENEVOLENT ASSOCIATIONS. 123
said company may confer on any bondholder of any bond Bonds convert-
issued for money borrowed as aforesaid the rio;ht to convert
the principal du3 or owing thereon, into stock of said com-
pany, at any time not exceeding ten years from the date of
the bond, under such rules as the board of directors may
adopt therefor.
§ 7. This act shall be deemed a public act and shall
take effect and be in force from and after its passage.
Approved April 5, 1867.
AX ACT to incorporate the Journeymen Plasterers' Benevolent and Pro- In force Febru-
tective Association of the City of Springfield, Illinois. ary 21, 1867.
Section 1. Be it enacted by the People of the State of
llli7io{s^ represented in the General Assembly^ That George Name.
Butler, James Butler, Peter Moffatt, Joseph Anderson,
Jonathan I. Marr, Benjamin F. Munson, Jacob Matler, and
William Matler, and their associates, are hereb}^ constitu-
ted a body corporate and politic, by the name and style of
"The Journeymen Plasterers' Benevolent and Protective
Society;" and, by that name shall have perpetual succes-
sion; and shall have power to contract and be contracted lowers,
with, to sue and be sued, to plead and be impleaded, to
have and use a common seal, aad to do and perform all
such acts and things as are or may become necessary for
the furtherance and advancement of the purposes of said
corporation as fully and completely as natural persons
might or could do.
§ 2. The objects and purposes of said corporation shall Objects and
be the mutual ' benefit and protection of its members, to p^^p°®®^-
extend relief to them in sickness or infirmity, and to bury
deceased members.
^ 3. The officers of said corporation shall be a president,
vice president, recording secretary, corresponding secretary
and treasurer, who shall be elected semi-annually, and by
ballot, at the first regular meeting in the months of January
and July in each year.
§ 4. In case of any vacancy of either of said officers, omcers.
by death, resignation, or otherwise, the association, shall
have power to fill such vacancy by appointment, by the
vote of a inajority of the members present at the meeting;
and said officer so appointed shall hold the same ofiice
until the next semi-annual election of officers.
§ 5. Any operative plasterer of good moral character vacancy.
may become a member of said corporation, upon such terms
and conditions as may be prescribed by the by-laws of said
corporation; and said corporation is hereby authorized to
establish and enforce such rules, regulations and by-laws,
124: BENEVOLENT ASSOCIATIONS.
for the management of their business, as they may deem
proper, and repeal, alter and amend the same at their
pleasure.
May hold real § 6. The Said Corporation may receive, take and hold
estate. either bj gift, purchase,, devise, bequest, or otherwise, any
real or personal estate, for the use of and for the advance-
ment of the purposes of said corporation ; and may rent,
lease, sell, convey or in anywise dispose of the same, accord-
ing to the by-laws of said corporation : Provided^ such real
Amount of per- and pcrsoual property shall not exceed in value twenty-live
■^*'"^'P'-°P^'-*^- thousand dollars.
7. This act to take effect from and after its passage.
Inforoe Fftb. 21, AN ACT to incorporate the Preachers' Aid Society of the Rock River
1867.
Conference of the Methodist Episcopal Church.
Section 1. Be it enacted hy the Peojjle of the State of
Illinois^ represented in the General Assembly^ That Luke
corpor.itors. Ilitchcock, Ezra M. Boring, Otis 11. Tiffimy, William D.
Skelton, William F. Stewart, Charles II. Fowler, George
J. Bliss, and their associates and successors, are hereby
constituted a body corporate and politic, by the name and
Name and style stylc of "The Preachcrs' Aid Society of the Rock River
Conference of the Methodist Episcopal Church;" and by
such name shall have perpetual succession, with power to
contract and be contracted with ; to sue and be sued, and
to implead and be impleaded ; to take and hold, by gift,
grant or otherwise, any property real, personal or mixed,
and the same to manage, grant, convey, lease or otherwise
dispose of; and to execute such trust or trusts as may be
confided to said corporation for the promotion of the objects
of this incorporation.
Objects. § 2. The objects of this corporation are to afford imme-
diate relief to the families of the deceased members of the
society, and to increase the disciplinary revenue ibr the
support of the claimants of the said conference.
Officers. § 3. Ezra M. Boring shall bo president, and William .D.
Skelton shall be secretary and treasurer; and the said Luke
I-Iitchcock, Otis H. Tiftany, William F. Stewart Charles II.
Fowler and George J. Bliss, shall, with the said president
and secretary, be the first board of managers of said society,
and shall hold their offices until their successors shall be
elected at the time and in the manner specified by the con-
stitution of the said society.
BENEVOLENT ASSOCIATIONS. 125
§ 4. This act shall take effect and be in force from and
after its passage, and may be amended or repealed at any-
time.
Appeoved February 21, 1867.
AN ACT to incorporate the LaSocietie Francaise de Secours Mutuels. In oo^iort^^'''^
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Victor
Girardin, president; Bernard Baretti, vice president; Louis
Lepitre, treasurer; Henry Marwedel, secretary; Eteenne
Brazeau, assistant secretary, and the other members at
present belonging to "La Societie Francaise de Secours Name and style.
Mutuels," now existing in the city of Chicago, in this state,
and such other persons as may hereafter be admitted mem-
bers of said association, accDrding to the constitution and
by-laws thereof, be and hereby are declared and constituted
a body politic and corporate, under the name and style of
"La Societie Francaise de Secours Mutuels;" and, hereafter,
shall be known by that name and style; and by that name
and style to remain in perpetual succession, with power, in
and by that name and style, to sue and be sued, plead and
be impleaded, prosecute and defend in all manner of actions powers and ob-
at law or ecpiity in all courts whatsoever, and, if necessary I'S'^*'^'^^-
to sign, execute and deliver, by the president and secretary
of said association for the time being, under the seal thereof,
all arbitration and other bonds, in obtaining the legal rights
and advancing the interests of said association ; and, also,
in and by such name, to acquire, purchase, hold, grant,
bargain, sell, alien and convey any property, whether real,
personal or mixed; and to loan the moneys and funds of
said association, and take promissory notes, bonds, mortga-
ges and other evidences of indebtedness for the moneys or
funds so loaned ; and to have and use a common seal, and
to alter the same at pleasure; and to make and from time
to time to alter, as the association may deem proper and
expedient, the constitution and by-laws for said association,
declaring and containing the times and manner of election
for officers of said association, and the number and duties
of such officers and such other provisions for the good gov-
ernment, general welfare, improvement and existence of
said association, as a majority of the members may deter-
mine: Provided, such constitution and by-laws shall not be
in conflict with the constitution of the United States or of
this state or the laws thereof. Said constitution and by-laws,
when recorded on the records of said association, shall be
in full force ; and, on the production and proof of such
126 BENEVOLENT ASSOCIATIONS.
records, shall be received in evidence of the facts therein
stated in all courts of justice and upon all lawful occasions.
Personal pro- § 2. The Said Corporation shall not at any one time hold
^^^^^' personal property to a greater amount than
dollars, nor real estate to a greater amount than
dollars. The personal property belonging to said association
shall not be appropriated otherwise than for the benefit of
said association, the improvement of the real estate of the
association, and such benevolent and other purposes and in
such manner as shall be declared, provided for and directed
in the constitution and by-laws hereinbefore authorized to
be made.
Fees and dues. § 3. The Said Corporation shall have power to assess
such initiation fee and such monthly, quarterly and yearly
dues as may be wanted for the purpose of carrying out the
objects of said society, and may sue its individual members
and collect the same by law.
Objects and § 4. The objcct of this association is hereby declared to
"""" be to unite the members thereof in a bond of brotherhood
and mutual friendship ; to minister to their wants in sick-
ness and afford relief in their necessities, and, generally, to
ameliorate, by all means within the control of the associa-
tion, their condhion, both moral and j)liysical.
aims.
lu force Feb. 23, AN ACT to incorporate the Catholic Aid Society of the City of Carlin-
1^^^- . yille, Illinois.
Section 1. He it enacted hy the Peojyle of the State of
Illinois, represented in the General Assembly, That llev.
Corporators. F. Schreiher, Henry Daley, Michael Hansy, liichard Man-
gan, Conrad Deity, Peter Flory, Jacob Flory, William
Mangan, Julius Yan Bergen, John K. Muller, John Doho-
ney, Michael Boehm, Edward Knatzer, Patrick Mangan,
John Deity, jr., John Deity, sen., Anton Deity, Joseph J.
Deity, John Mohrmann, Timothy Kelley, Denis Devit,
Patrick Connelly, George Arny, George Gangler, Nicholas
Schaffer, John F. Tohmas, Adam Flory, Jacob Schaffer,
Joseph Christen, Phillip M. Murphy, John Schaffer, Cor-
nelius Lang, John Milbauerr, Joseph Milbauerr, Daniel
Forgarty, Frank Schwab, Ste])hen Schwab, John Mees,
Frank Murray, Thomas Ryan, Hugh Colton, Jeremiah
Flynn, Anton Milbauerr, Dennis Ryan, Frank Link, Frank
Cannon, Peter Schaffer, and all other persons who now are
or may hereafter become, and shall so remain, members of
Name and stylo. urpijQ Catliolic Aid Socicty of the City of Carlinville,"
from and after the passage of this act, shall be, and they
BENEVOLENT ASSOCIATIONS. 127
are hereby constituted a body corporate and politic, by the
said name and style of "The Catholic Aid Society of the corporate rishts
City of Carlinville ;" and by that name shall have perpet- ^tc
ual succession ; and be capable to sue and be sued, to plead
and be impleaded, answer and be answered unto, defend
and be defended in all courts and places whatsoever; and
shall have a common seal, and may alter the same at
pleasure; shall make a constitution and such by-laws, not
repuojnant to the constitution and laws of this state or of
the United States, as shall from time to time be necessary or
proper; and may annex to the breach of such constitution
or of any one or more of the by-laws or of any part there-
of such penalty, by tine, dismission or expulsion, as the
said corporation may deem tit.
§ 2. The funds of this corporation shall be applied to ^^J^^^^^^^ °^
the liquidation ot all debts connected with the Catholic
church in said city of Carlinville ; also for the relief of its
members in sickness, and to their interment after death,
in the mode which may from time to time be prescribed
by the by-laws.
§ 3. The constitution and by-laws of this societ}'' now constitution and
in operation shall govern the corporation hereby created ^'^'^^•
until regularly altered or repealed by the society ; and the
present officers of said society shall be the officers of the
corporation hereby created until their respective terms of
office shall regularly expire or be sooner vacated : Provided,
that nothing in such constitution and by-laws contained be
inconsistent with the constitution and laws of the United
States or of this state.
§ Jr. The said corporation may acquire, by gift, grant, be- Acquisition of
1. 1 • I 11 1 i. 1 property.
quest, devise or purchase, real and personal property ; and
may use, hold, lease, mortgage encumber, alien, sell, grant,
release and convey, in fee or for a lesser estate, all such
real and personal estate : Provided, all such assurances are
made by deed, under the corporate seal, duly executed by
the president and secretary for the time being.
§ 5. The corporation shall not at anv time hold or own Amount of real
j-i jji> 1 1 1 11 1 1 • 1 1 estate and per-
raore tlian iitteen thousand dollars worth ot real estate, the sonai property
value thereof to be determined by the valuation at the time ^^''^"
on the assessor's books for the county within which the real
estate may be situated, nor shall it hold or have more than
five thousand dollars' worth of personal property at any one
time.
$^ 6. The funds of the society may be loaned out on real ^"^"^ °f f"'^^-"-
or personal security for such times and upon such terms as
ma-y be approved by the board of managers.
§ 7. The members of the corporation shall be liable to Liabilities.
pay to the society such moneys at such times as may be
fixed on by any of its by-laws existing at the time of their
becoming members ; and upon any failure to pay the same,
may be proceeded against by suit, in the name of the cor-
128
BENEVOLENT ASSOCIATIONS.
poration, or their membership and interest therein may be
declared forfeited, at the discretion of said corporation.
Mismomera. § S. No partial misnomer of said corporation shall de-
feat or annul any gift or gi-ant, bequest or devise to or for
owigations of said Corporation ; but in all cases the board of managers
gers. ^' shall be bound to appropriate and use any bequest, devise,
gift or grant in such manner as shall be prescribed by the
party or parties making the same, unless the same shaU be
inconsistent with the special objects of the society, when
such gifts, grants, bequests or devises shall be declined, evi-
dence whereof shall appear duly spread out on its records.
§ 9. The Catholic Bishop of Alton is hereby constituted
the legal visitor of this corporation, with power to visit
annually, to inquire into and correct any abuses that may
arise; also, to examine into its general condition and pro-
gress ; to counsel, advise, and, if need be, reprimand the
board ; and at such visitations the books, records and papers
of the corporation shall be opened freely to his inspection.
§ 10, This act shall be a public act, aud be in force
from and after its passage.
Appeoved February 23, 1867.
Legal visitor's
powers.
Ii force Feb. 23, AN ACT to incorporate the Workman's Mutual Aid Society, of Highland,
Madison County, Illinois.
Corporators,
Name and style,
Purposes.
Corporate
rights.
Section 1, J]e it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That Gallus
Kutz, John Hillenbrand, Fi'itz Hopper, August Mosemann,
Adam Eifert, John B. Edelmann, John Mohnkon, members
of the Workman's Mutual Aid Society, and other present
members of that society, and such other persons as may
from time to time hereafter be admitted members of said
society, according to the constitution, by-laws, rules and regu-
lations thereof, be and they are hereby created a body politic
and Corporate, in the town of Highland, county of Madison,
under the name and style of "The "Workman's Mutual Aid
Society of Highland," for the purpose of aiding their mem-
bers ill sickness and distress, and ])roviding tor a decent
bur-al of their clead ; and, by that n^ime, shall have per-
petual succession, with power to sue and be sued, plead and
be iiii])leaded, ])rosecute jmd defend in all actions at law and
in e(piity, and in all courts whatsoever; and be ca])able in
law of taking and holding, by purchase, grant, gift, devise,
and otherwise, and of selling and conveying real and ])cr-
sonal estate ; and to loan the money and funds of tho
society, and to take promissory notes, bonds, mortgages,
and other evidences of indebtedness, to secure the same; to
BENEVOLENT ASSOCIATIONS. 129
have and use a common seal, and to alter tlie same at pleas-
ure ; to make and from time to time to alter, as they may
think proper and expedient, a constitution and by-laws, for
said society, declaring the time of electing the officers of
the society, and the manner thereof, the number and duties
of such otticers, and, generally, such other provisions for the
good government and existence of the society as to them
may seem proper.
§ 2. The constitution, by-laws, and proceedings of said constitution
society shall be entered by the secretary of the society in a ^" ^' ^^^'
book kept for that purpose ; and such book shall be evidence
of the matters therein contained in all courts of justice.
§ 3. For the purpose of carrying into effect the objects
of this act, the members of the above society shall have
power and are hereby authorized to appoint, out of their
number, three trustees, to hold their office for the term of Trustees.
one year and until their successors in office are appointed.
§ 4. Said society may require bond and satisfactory se- Bond and secu-
curity of its treasurer and trustees for the faithful perform- '^''^'•
ance of their duties as such officers.
§ 5, At all elections each member, who is not indebted Elections.
to said society or suspended from its benefits, sl/all be entitled
to vote, and the majority of all votes cast shall make an
election.
§ 6. The members of the society shall be liable to pay Fees and fines.
to the society such amount of money, at such time and
place as may be fixed by the constitution or by-laws of the
society ; and upon a failure to pay the same, they may be
proceeded against by suit in the name of the society, or
their membership may be declared forfeited, at the discretion
of the society.
§ 7. The society shall not be dissolved and put in liqui- Dissolution.
dation as long as ten members thereof dissent and wish a
continuance of the society.
§ 8. This act shall be in force from and after its passage.
Approved February 23, 1867.
AN ACT to incorporate the German Workingmen'g Association of Lacon, In force Feb'y
Marshall county, Illinois. 23, ISC".
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Her- corporators.
man Petz, John Hunter, Frederick Roth, John Schupp,
Gustav. Muller, Robert Muller and their associates, are
hereby constituted a body corporate and politic, by the
name and style of "The German Workingmen's Associa- Nameandstyie.
tion of Lacon ;" and by that name shall have perpetual sue-
ISO BENEVOLENT ASSOCIATIONS.
cession ; shall have power to contract and be contracted
with, sue and be sued, to plead and be impleaded, defend
and be defended in any court of justice and equity ; to have,
Vested rights, usc and alter a common seal; to elect officers ; to establish
rules, regulations and by-laws, and repeal and alter the
same ; may receive, take and hold, by purchase, gift, devise,
bequest or otherwise, property, real and personal, for the
use and purposes of the association ; and may sell, convey,
rent and lease the same.
§ 2. The object of this association shall be to extend
relief and aid to its members in case of sickness, to bury
deceased members, to aid the widows and orphans of the
deceased members, and mutually to promote the welfare
and interests of its members.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved, February 23, 1867.
Objects.
In force Feb. 25, AN ACT to incorporate the United Hebrew Relief Association of Chican;o.
1SG7.
Preamble. WiiEEEAs, there cxists in tlic city of Chicago, county of
Cook, and state of Illinois, a corporation, created under the
general laws of said state, under the name and style of
" The United Hebrew Relief Association of Chicago,"
whereof Isaac Grreensfelder is president, and Samuel Gale,
vice president, and Julius Rosenthal is secretary, and JMoses
Snydacker is financial secretary, and Abraham Hart is
treasurer, and M. M. Gerstley and B. Schoeneman are trus-
tees; now, therefore, to enable said corporation more fully
to carry out the objects and purposes thereof, and the ob-
jects and purposes of this act.
Section 1, Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That said
Name. " The United Hebrew Relief Association of Chicago," be
and the same is hereby continued a body politic and corpo-
rate ; and by such name and style shall have perpetual suc-
cession, with power to sue and be sued, plead and be im-
corporate pow- pleaded ; to take and hold, by purchase, gift, grant, devise
ere. ^ ,, ' . ,, i J l -&?!:-' ?
or otJierwise, trom any person or persons, or corporation,
any property and estate, real, personal and mixed ; and the
same to manage, grant, sell, convey, mortgage, lease or
otherwise dispose of, and to invest, and loan out upon in-
terest the funds of said corporation, and appropriate said
funds for its benefit ; to contract and be contracted with ;
to have and use a common seal, and alter the same at
By-laws. pleasure; to make and alter by-laws for the government of
the corporation, its officers, directors, agents and servants,
BENEVOLENT ASSOCIATIONS. 131
and for their removal, and concerning the property and
attairs of said corporation, not inconsistent with the hiws
and constitution of the state of Illinois; also to fix and
change the time of meeting in and by such by-laws, the
number, manner of election and qualificaiions of utticers,
directors, members, admittance of associations, societies and
corporations as members, and the mode of their rei)resenta-
tion by delegates, and the qualifications of persons as mem-
bers, and their powers and duties.
§ 2. The objects of this corporation shall be of an elee- objects.
mosynary nature. They shall be to provide a permanent,
efficient and practical [means] of administering and distribu-
ting the private charities of the Israelites of Chicago ; to
organize and establish the necessary means for obtaining
full and reliable information of the .condition and wants of
the Jewish poor of Chicago, and putting into practical and
efficient operation the best system for relieving and prevent-
ing want and pauperism among Jewish poor of said city,
and for assisting and aiding the sick, the widow and orphan,
and to donate to other charitable associations such sums as
shall be fixed by the by-laws, and to do whatever act or
thing which may be necessary and proper in relieving
wants and necessities of the Jewish poor or others, as they
may see fit.
§ 3. The said corporation shall have power to locate and ^^^^^ foVh?s-
erect, or to lease the necessary buildino; or buildings, and piH'' purposes
1 , ' 1 , . , -^ ,. ^1 J ■'ind other ob-
lot or lots, and improve the same, for the purpose of pro- jects.
viding for a hospital and a widow and orphan asylum, and
for other objects of said corporation, and therein to receive
such sick and widows and orphans or other persons, in such widows and
manner and for such times as the by-laws of said corporation """phans.
shall direct; and to manage said institutions as may best
tend to carry out the objects of said corporation : Provided, Proviso.
that the property of said corporation shall not exceed one
hundred and fifty thousand dollars in value.
§ 4r. All conveyances and instruments in writing, made conveyances.
by said corporation, shall be executed by the president and
secretary, and the corporate seal affixed, under such rules
as the by-laws may from time to time establish.
§ 5. In case of the death or leo;al incapacity of a Jewish Legal guardians
,. ,,- . ,. , . 1 , • '^ , ^ • 1 <• 1 • 1 M ''' children.
lather, or in case of his neglecting to provide for his chil-
dren, the mother shall be considered their legal guardian,
for the purpose of making a surrender of them to the charge surrender of
and custody of said corporation ; and in all cases where the poratioS.*°°°^"
person or persons legally authorized to act as the guardian
of any Jewish child are not known, the judge of the county
court of Cook county may, at his discretion surrender such
child to said corporation ; and such corporation may, at its
discretion, indenture such child to an honorable trade or indentures,
employment ; but in all cases provisions shall be made in
the indenture for securing an education proper and suitable Education.
132 BENEVOLENT ASSOCIATIONS.
for the condition and circumstances in life of such child or
Habeas corpus, children ; and if, upon the hearing of anj habeas corpus^ for
the custody of any child, it ajjpear tha.t such child has been
surrendered, as aforesaid, such suri-ender shall be taken by
all courts ot justice as conclusive that such child was legally
and properly surrendered to said corporation, and tliat said
Custody and cor]3oration was entitled to the custody and guardianship of
guardianship, said child.
Articles and by- g 6. The articlcs of associatiou or incorporation of said
tfon bind^in°g.'*' associatiou heretofore formed, and reference to which is made
in the preamble to this act, not inconsistent with this act,
shall g(jvern this corporation ; and the by-laws of said asso-
ciation shall be binding upon this corporation until repealed
or changed by this corporation ; and this corporation shall
have power, with the consent of said association heretofore
Acquisition of existing as aforcsaid, to acquire all the propertv, riuhts,
rights, proper- i . " i . ,. • i -"^ • ^. i . r " ' . ' . '
ty, credits, etc. cTcdits and interests 01 said association heretoiore existing,
with full power in this corporation to maintain actions at
Actions at law. law or in equity, for the recovery of any such rights, credits
and interests, if necessary, whether the same have accrued
to said association by voluntary subscription, or otherwise.
Disposition of § '''• ^^ property of persons dying under the care of
property of g^^,} corporation, and left in the custody of said corporation,
deceased per- , i ,.' . , , 1*^1111 1 n -x- ^i
sons. and not exceeding in value one hundred dollars, shall, it the
same remain unclaimed by the heir or heirs, or legal repre-
sentatives for six months after such decease, become the
property of said corporation, and may be disposed of as
deemed best for its interests.
Exemption of § 8. The property of said corporation, to the extent of
property from twcutv thousand doUars, shall be exempt from all taxes and
taxation. "' ^ ' , . '
assessments lor state, county and city purposes.
§ 9. This act shall be in force from and after its passage.
Appkoved February 25, 18G7.
In force Feb. AN ACT to incorporate the Scandinavian Immigrant Aid Society.
25, 1867.
Section 1. Be it enacted hj the People of the State of
JLUnois, represented in the General Assembly, That Iver
Corporator.?. Lawson, Erland Carlsson, C. M. Lindgren, Peter L. Haw-
kiiison, Ferdinand S. Winslow, Paul Anderson, Kneed
Langeland, A. Uhre, N. O. Westergren, Andrew N. Elson,
y. W hitting and Augustus Jacobson, and such other per-
sons as may from tiine to time become members of the cor-
poration hereby created, are hereby made and constituted a
body corporate" and politic, with perpetual succession, by
Name and style tlic name and style of "Tlie Scandinavian Immigrant Aid
Society;" and, by that name, they and their successors shall
BENEVOLENT ASSOCIATIONS, 133
be capable in law of contracting and being contracted with,
suing and being sued, defending and being defended in all
courts and places, and in all matters and places whatsoever,
with full power to acquire, hold, occupy, enjoy and convey
all real and personal estate, not exceeding in value the sum
of twenty-five thousand dollars: they may have a common valuation of
seal, and the same may alter, break and renew at pleasure; p'^°p®'*'-^-
thev niav adopt a constitution, rules, by-laws and reo:ula- cnsHtution
., •• ',• 1 1 1 • L- J^ ■ ■ I- and by-laws.
tions, to lurther the objects ot this mcorporation, not repug-
nant to the constitution of this state or of the United States
— all in such manner as shall to them from time to time
seem necessary ; and they may annex to the breach of such
constitution, by-laws or regulations such penalty for the
non-observance of the same by members, officers or agents
of the corporation hereby created, as they may see lit.
§ 2. The objects and purposes of said corporation shall objects and
be to aid and assist Scandinavian immigrants. puiposes.
§ 3. The corporation hereby created shall have power officers.
to elect and qualify such officers as they may deem neces-
sar}', who shall hold their offices for such length of time,
and discharge the duties thereof in such manner as may be
established by the constitution and by-laws of the society.
§ 4. This act shall take effiict and be in force from and
after its passage.
Appkoved February 25, 1867.
AN ACT to incorporate the German Masons' and Bricklayers' Society of m force Feb.
Chicago. " l«. 1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That Fi-ied- corporators.
rick Kort, president ; Wilhelm Loeffker, vice-president ;
Henry Pauli, secretary ; JPaul Homberg, treasurer ; Chris-
tian Knoebfer, Frank Gerbing and Nicholas Hein, and the
other members at present belonging to the " German
Masons' and Bricklayers' Society of Chicago," now existing
in the city of Chicago, in this state, and such other persons
as may hereafter be admitted members of said association,
according to the constitution and by-laws thereof, be and
are hereby declared and constituted a body politic and cor-
porate, under the name and style of the " German Masons' ^''^'"^•
and Bricklayers' Society of Chicago," and, hereafter, shall
be known by that name and style ; and by that name to
remain in perpetual succession, with power, in and by that
name and style, to sue and be sued, plead and be impleaded,
prosecute and defend in all manner of actions at law or Powers, priri-
equity, in all courts whatever, and, if necessary, to sign, chlsL*'^'^ ^''°'
134 BENEVOLENT ASSOCIATIONS.
execute and deliver, by the president and secretary of said
association for the time being, under the seal thereuf, all
arbitration and other bonds, in obtaining the legal rights
and advancing the interests of said association ; and, also,
in and by such name, to acquire, purchase, hold, gi-ant,
bargain, sell, alien and lease and convey any property,
whetiier real, personal or mixed ; and to loan the moneys
and funds of said association, and take promissory notes,
bonds, mortgages and other evidences of indebtedness, for
the moneys or funds so loaned ; and to have and use a com-
mon seal, and to alter the same at pleasure ; and to make,
and from time to time to alter, as the association may deem
proper and expedient, the constitution and by-laws of said
association, declaring and containing the times and manner
of election for officers of said association, and the number
and duties of such officers, and such other provisions for the
good government, general welfare, improvement and exist-
ence of said association as a majority of the members may
determine : Provided., such constitution and by-laws shall
not be in conflict with the constitution of the United States
or of this state or the laws thereof. Said constitution and
by-laws, when recorded on tlie records of said association,
shall be in full force, and, on the production and pruof of
such records, shall be received in evidence of the facts
therein stated in all courts of justice and upon all lawful
occasions.
Amount of per- § 2. The Said Corporation shall not at any one time hold
heM.' ^'"^^"^ personal property to a greater amount than one hundred
thousand dollars nor real estate to a greater amount than
flfry thousand dollars. The personal property belonging to
said association shall not be appropriated otherwise than
Appropriation fQj. \\^q benefit of Said association, and the uses and pur-
poses for which it is founded, the improvement of the real
estate of the association, and such benevolent and other
purposes, and in such manner as shall be declared, provided
for and directed in the constitution and by-laws hereinbe-
fore authorized to be made.
Fees and dues. § 3. The Said Corporation shall have power to assess
such initiation fee and such monthly, quarterly and yearly
dues as may be wanted for the purpose of carrying out the
objects of said society, and may sue its individual members
and collect the same by law.
Object. § 4. The object of the association is hereby declared to be
to unite the members thereof in a bond of brotherhood and
mutual friendship, to minister to their wants in sickness,
and afford relief in their necessities, to bury those who may
die, and provide for the widows and orphans of the mem-
bei'S of this association, if needy, and generally, by all
means within the control of the association, to ameliorate
the condition, both moral and physical, of the members of
this association and their widows and orphans.
BENEVOLENT ASSOCIATIONS. 135
§ 5. This net shall be deemed a public act, and be in
force from and after its passao^e.
Approved February 16, 1867.
AN" ACT to incorporate the Deutscher Roeiuiscli Katholischer St. Peter's In force Feb. 16,
(Jnterstuetzungs Verein. ^^^''
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Michael
Smitz, president, Lorenz Fran-^, vice-president, Sebastian corporators.
"Wa2;oner, treasurer, Lorenz Biehl, secretary, and JXicholas
Helfrich, assistant secretary, and the other members at pres-
ent belonging to the "Deutscher Koemisch Katholischer
&-t. Peter's Unterstuetzungs Yerein,'^ now existing in the .
city of Chicago, in this state, and such other persons as
may hereafter be admitted members of said association,
according to the constitution and by-laws thereof, be and
hereby are declared and constituted a body politic and cor-
porate, under the name and style of the "Deutscher Roeni- ^a'"" and style,
isch Katholischer St. Peter's Unterstuetzungs Yerein," and ^^'^^'"''^^ p°^-
hereafter shall be known by that name and style; and. by
that name, to remain in perpetual succession, with power,
in and by that name and style, to sue and be sued, plead
and be impleaded, prosecute and defend in all manner of
actions at law or equity in all courts whatsoever, and, if
necessary, to sign, execute and deliver by the president and
secretary of said association for the time being, under the
seal thereof all arbitration and other bonds, in obtaining
the legal rights and advancing the interests of said associa-
tion ; and, also, in and by such name, to acquire, purchase,
hold, grant, bargain, sell, alien, convey and lease any pro-
perty, whether real, personal or mixed, and to loan the
moneys and funds of said association, and take promissory
notes, bonds, mortgages and other evidences of indebtedness
for the money or funds so loaned; and to have and use a
common seal, and to alter the same at pleasure ; and to constitution
make and from time to alter, as the association may deem andby-iawa
proi)er and expedient, the constitution and by-laws of said
association, declaring and containing the times and man-
ner of election for officers of said association, and the num-
ber and duties of such officers, and such other provisions
for the good government, general welfare, improvements
and existence of said associations, as a majority of the
members may determine : Provided, such constitution and
by-laws shall not be in contiict with the constitution of the
United States or of this state, or the laws thereof. Said
constitution and by-laws, when recorded on the records of
\
136 BENETOLENT ASSOCIATIONS.
said associatioa, shall be iu full force, and, on the production
and proof of such records, shall be received in evidence of
the facts therein stated in all courts of justice and upon all
lawful occasions.
Amount of per- ^ 2. The Said Corporation shall not at any one time,
sonal property , V i i 11
held, etc. hold pcrsonal property to a o;reater amount than one hun-
dred thousand dollars, nor real estate to a greater amount
than fifty thousand dollars. The personal property belong-
Appropriation ing to Said associatiou shall not be appropriated otherwise
than for the benetit of said association, and the uses and
purposes for which it is founded, the improvement of the
real estate of the association, and such benevolent and other
purposes, and in such manner as shall be declared, provided
for and directed in the constitution and bydaws hereinbe-
fore authorized to be made.
Feesanddues. g 3. The Said Corporation shall have power to assess
such initiation fee, and such monthly, quarterly and yearly
dues, as may be wanted for the purpose of carrying out the
objects of said society, and may sue its individual members
and collect the same by law.
Object. g 4. The object of this association is hereby declared to
be, to unite the members thereof in a bond of brotherhood
and mutual friendship; to minister to their wants in sick-
ness, and afford relief in their necessities ; to bury those
who may die ; to aid the widows and children of such as
may die ; and to provide for the widows and orphans of
the members of this association, if needy ; and, generally,
by all means within the control of the association, to
ameliorate the condition, both moral and physical, of the
members of this association and their widows and orphans.
§ 5. This act shall be deemed a public act, and be in
force from and after its passage.
Approved February 16, 1867.
In force March AN ACT to incorporate La Socicte Francaise de Bienfaisancc dc 1' Illinois.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assemly, That George
corporators, p^ Loyncs, Alex. Bengley, F. A. Nitsheln, Ambrose
Gagne, Theophile Gueroult, and All Coignard, and their
associates, are hereby constituted a body corporate and
Name and style, politic, by the name and style of " La Societe Francaise de
Bienfaisancc de 1' Illinois ;" and by that name shall have
perpetual succession, and shall have power to contract and
be contracted with, to sue and be sued, to plead and be
impleaded, answer and be answered unto, defend and be
defended, in all courts of law or equity.
BENEVOLENT ASSOCIATIONS. 137
§ 2. Tliat the said corporation and their successors, by ^p^perly" °^
the name, style and title aforesaid, may receive, take, hold,
either by gift, purchase, devise, bequest or otherwise, any
real and personal property, for the use and for the advance-
ment of the purposes of said corporation, and may rent,
lease, sell, mortgage, convey or in any otherwise dispose of
the same, according to the constitution and by-laws ot said
corporation : Provided, ahoays, that said corporation shall
not at any time bold or possess property exceeding in value
the sum of fifty thousand dollars,
§ 3. The object and purpose of said corporation shall be oi.jeetand pur-
to extend relief and aid to its members in case of sickness,
and to bury deceased members ; also to aid the widows
and orphans of deceased members, and to do such other
benevolent deeds as shall be in their power.
§ 4. That it shall and may be lawful for the said corpo- powers and
ration to have a common seal, and to alter and renew the P"^'ieges
same at pleasure, they shall have power to pass such bj-laws
and regulations for the management of their business as
they may deem necessary: Provided, they do not in any-
wise conflict with the constitution and laws of this state
or of the United States, and shall, in general, have and exer-
cise all such rights, privileges and immunities as by law
are incident or necessary to the corporation herein consti-
tuted.
§ 5. The officers of said corporation shall be a president, officers.
two vice-presidents, one treasurer, two secretaries, and such
other officers as the by-laws may prescribe ; which officers
shall be elected by the members of said corporation by ^°'^^^®°'^'^-
ballot.
§ 6. This act shall be deemed a public act, and be in
force from and after its passage.
Approved March 8, 1867.
AN ACT to incorporate the German Workingmens' Association of the city In force March
of Pekin, Illinois. " §> 1SG7.
Section 1. Be it enacted hy the Peojyle of the State of
Illinois, represented in the General AsseinUy, That August corporators.
Winkel, Frederick Herring, Wm. Steinseifer, John Lucas,
Heniy Lehr, and their associates and successors, and all
other persons who may hereafter associate with them, be
declared and constituted a body corporate and politic, by
the name and style of "The German Workingmens' Asso- Name and style.
ciation of the city of Pekin ;" and by that name they and
their successors shall and may have succession, shall be
capable of suing and being sued, contracting and being con-
Yol. I.— 10
ex-
's
233 BENEVOLENT ASSOCIATIONS.
Power. tracted with ; may have and use a common seal, and the
same may alter or change at pleasure ; and they and then-
successors, by their corpoiate name, shall, in law, be capa-
ble ot taking, receiving, purchasing and holding real and
personal estate ; may sell and convey the same; to make
by-laws for the management of its altairs, not inconsistent
w'ith the constitution and laws of this state or the Uiiited
States ; to elect or appoint the officers and agents of said
association, for the management of its business.
Constitution § 2. Tlic Constitution and by-laws now adopted by said
and by-laws, ^ssociatiou, shall continue in force until changed by said
association ; and all personal property and effects, of what-
ever kind, now held by said association or any person in
trust theretbr, shall, by" virtue of this act, vest in and be-
come the property of the corporation hereby created.
Election of offi- | 3. The association so incorporated may annually, or
'^®"' oftener, elect from its own numbers such officers and man-
agers as the association may deem proper, at such times
and places, and in such manner and wirh such powers
pressed and duties imposed on said officers and manager;
as said association, by its by-laws, may direct; and, in case
it shall happen that an election of officers and managers
shall not be made on the day designated by the by-laws, it
may and shall be lawful on any other day to kold an elec-
tion of such (jfficers and managers.
Gifts, donations, g 4, The associatiou incorporated by this act shall be
capable of taking, holding and receiving any property, real
or personal, by virtue of any gitts, purchase, devise or be-
quest contained in any last will and testament of any per-
son whatsoever, or in any other manner.
§ 5. The association "incorporated by this act shall also
have power to issue bonds and negotiate the same, and to
borrow money and mortgage their property, both personal
and real, or mixed, for the'payment of said bonds so_ nego-
tiated, or money so borrowed: Provided, that nothing in
this act contained shall be held to confer any banking priv-
ileges upon the association hereby created.
§ 6. The constitution, by-laws and resolutions of said
association shall be in full force when recorded in the records
of said association, and on the production and proof of such
records shall be received as evidence of the facts therein
stated in all courts of justice, and upon all lawful occasions.
, § 7. Said corporation may require bond and satisfactory
Officers seen- ^^-^^^,^^^^ ^.^. j^^ treasurer or other officers intrusted with
moneys or other property, tor the faithful performance of
his or their duties as such officers.
Object. § 8. The object of this association is hereby declared to
be to protect aiid promote the true interests of the work-
ingmen.
§ 9. This act shall be deemed a public act, and be m
force from and after its passage.
Appkoved March 8, 1867.
etc.
By-laws.
BENEVOLENT ASSOCIATIONS. J39
AN ACT to incorporate the Workman's Mutual Aid Society of Trenton, t„ f ,
Clinton county. " ' 9*^186^ '^''
Section 1. Be it enacted lij the People of the State of
Illinois, represented in the General Assembly, That Adolpli corporators.
Mueller, Paul Bassler, Lewis Eode, Jacob Peter, Adam
Kenbrer, Adam Zachelmeier, Frank Leanhnng, George
Fisher, Christian Hake and Constant Ambrose, members
of the Workman's Mutual Aid Society, and other present
members of said society, and such other persons as may
hereafter be admitted members of said society, accordino- to
the constitution, by-laws, rules and regulations thereott be
and they are hereby created a body politic and corporate,
m the town of Trenton, county of Clinton, and state of
Snil'A-T'l' -^^ "'T """f '^}^ f "^^^" Workman's Name and stv.e.
Mutual Aid bociety ot Trenton," tor the purpose of aidino-
their members in sickness and distress, and providing for a °^-"''*'
decent burial of their dead ; and by that name shall have
perpetual successi(m, with power to sue and be sued, plead
and be impleaded, prosecute and defend in all actions at
law and in equity and in all courts whatsoever; and be
capable in law of taking and holding, by purchase, grant
gift, devise and otherwise, and of selling and con'veyino^*
real and personal estate, and to loan the money and funds
ot the society, and to take promissory notes, bonds, mort-
gages and other evidences of indebtedness, to secure the
same; to have and use a common seal, and to alter the
same at pleasure ; to make, and from time to time to alter, as
tbev may think proper and expedient, a constitution and
by-laws lor said society, declaring the time of electino- the
othcersot the. society, and the mode thereof, the number
and duties of such officers, and, generally, such other pro-
visions tor the good government and existence of the soci-
ety as to them may seem proper.
^Xt sSrh'^'^'l'^^^lT' V'^^''^' '""^ proceedings of said Record of con.
society shall be entered by the secretaiy of the society in a ^"''^''°°' ^'^^
book kept lor that purpose ; and such books shall be evi-
dence ot the matters therein contained in all courts of ins-
tice. ^
\Aw:. 7^.^^^^ ^^'^r^ ""i carrying into effect the objects Trustees.
of this act the members of the above society shall have
power, and they are hereby authorized to appoint out of
their members three trustees, to hold their office for a term
^V^^^y^ar, and until their successors in office are ap-
«pi,tv ^r^ f""'^^^ ""^^^ '"^'"'^ ^°"^ ^°^ satisfactory Bonds of offi-
security ot its treasurer and trustees for the faithful pertorm- -"•
ance ot their duties as such officers.
§ 5. At all elections, each member who is not indebted Qualified voters
to the said society, or suspended 'from its benefits, shall be
140
BENEVOLENT ASSOCIATIONS.
Liabiliit'S of
mem berg.
entitled to vote ; and the majority of all votes cast shall
make an election.
§ 6. The members of the society shall be liable to pay
to the society such sums of money, at such time and place
as may be fixed by the constitution or by-laws of the socie-
ty ; and for failure to pay the same, they may be pro-
ceeded against by snit, in the name of the society, or their
membership may be declared forfeited, at the discretion of
the society.
§ 7. The society shall not be dissolved and put in liquid-
ation as long as ten members thereof desire and wish a con-
tinuance of the society.
§ 8. This act shall be in force from and after its pas-
sage.
Appkoved March 9, 1867.
Ill force Feb. 14,
186T.
AN ACT to incorporate the Society of the Free Benevolent Sons of
America, of the citv of Cairo, Illinois.
Corporators.
Name and style.
Objects.
May hold real
estate.
Section 1 . Jje it enacted by the People of the State of
Illinois, represented in the General Assembly, That John
Gladney, John Tyler, George W. Ellis, William Flonney,
George W. Williams, and their successors and associates,
are hereby created a body corporate and politic, by the
name and style of "The Free Benevolent Sons of America,
of the City of Cairo, Illinois ;" and by that name shall have
perpetual succession ; and shall have power to contract and
be contracted with, to sue and be sued, to plead and be im-
pleaded, and to do and perform all such acts and things as
are or may become necessary for the furtherance and ad-
vancement of the purpose of said corporation as fully and
completely as natural persons might or could do.
§ 2. The object and purpose of said corporation shall
be to extend relief and aid to its members in case of sick-
ness or infirmity ; to bury deceased members, protect and
care for the widows of such and educate their orphans.
§ 3. The said corporation mixy receive, take and hold,
either by gift, purchase, devise, bequest or otherwise, any
real or personal estate, for the use of and for the advance-
ment of the purposes of said corporation, and may rent,
lease, sell, convey, or in anywise dispose of the same, accord-
ing to the by-laws of said corporation hereafter to be
adopted : Provided, such real and personal estate shall not
exceed in value the sum of fifty thousand dollars.
§ 4. The officers of said corporation shall be a president,
vice president, recording secretary, corresponding secretaiy,
BENEVOLENT ASSOCIATIONS. 141
treasurer, and a board of managers, not less than live in
number — the number to be determined, from time to time,
by the corporation. The officers of said corporation shall
be elected annually, on the second Monday in January, in
each year, and shall hold their respective offices one year,
and until their successors are elected and qualified ; and in
case a vacancy occurs in any of said offices, in any manner, vacancy.
the board of managers shall have the power to fill such va-
cancy until the next annual election. The president, vice
president, secretaries and treasurer shall be, ex officio, mem-
bers of the board of managers ; and the president and re-
cording secretary shall be, respectively, president and sec-
retary of said board of managers — five of whom shall con-
stitute a quorum for the transaction of business.
S 5. The said corporation may, at any time, appoint subordinate
1 1 J- . £12 1 -L^ i.1 officers.
such subordmate officers, agents and com^nittees as they
may deem necessary to carry out and eflect the objects of
said corporation, and make and enforce all needful by-laws,
rules and regulations : Frovided, the same are not iu con- Proviso,
flict herewith or with the laws of this state.
§ 6. It shall be lawful for said corporation to have a seai.
common seal, and to change the same at will ; and said cor-
poration shall, in general, have and exercise all such .
rights, privileges and immunities as by law are incident or
necessary to the corporation herein constituted.
§ 7. This act shall take efi'ect and be in force from and
after its passage.
Approved February 14, 1867.
AX ACT to incorporate the 'Washingtonian Home of Chicago. In force Feb.
1867.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
" Washingtonian Home Association, of Chicago," is hereby
created and declared to be a body corporate and politic,
under the name of " The "Washingtonian Home of Chica- Name. \
go ;" with power to sue and be sued, plead and be impleaded, Powers,
contract and be contracted with ; to take, by gift, grant,
devise or otherwise, property, real personal and mixed,
and the same to hold, use, lease, convey, mortgage and
otherwise dispose of, for the purposes hereinafter mentioned ;
to adopt and use a corporate seal, and alter the same at
pleasure ; also to erect and maintain such buildings and
other fixtures and conveniences as may be deemed requisite
or necessary for tlie purposes of this corporation.
142 BENEVOLENT ASSOCIATIONS.
Object. § 2. The object of this incorporation shall be the found-
ing and maintenance of an institution for the care, cure
and reclamation of inebriates.
By-laws. | 3. Said corporation ma}", from time to time, adopt
such by-laws and at pleasure abolish, alter or amend the
same, for the management of its business, the conduct and
government of said institution and the inmates thereof, not
inconsistent with the constitution and general laws of this
state, as to them shall seem meet and proper.
Directors -ten- § 4. Fifteen of the directors of said home, to be selected
ure of office, j^y j^^^ g}^^^j| i^^j\([ their office until the third Monday of
January, a. d. 1869, and the remaining lifteen until the
third Monday of January, a. d. 1871 ; and on the second
Monday of Januar}^, a. d. 1869, and biennially thereafter,
Election of sue- g^i (J corporation shall elect successors in place of those
whose term of office shall expire the Monday thereafter,
who shall, respectively hold their offices for two years and
Vacancies. Until tlieir successors shall have been elected ; and in case
of removal, death or resignation of any one or more of said
directors or their successors before the expiration of their
term of office, their place may be tilled by said remaining
directors ; and such person or persons shall hold their office
' until the next biennial election. Seven of said directors
shall constitute a quorum for the transaction of business.
Commitment | 5. Any pcrsou Sentenced by the authorities of the
persons'"^" °^ city of Chicago to the bridewell or house of correction for
intemperance, drunkeness or for any misdemeanor caused
thereby, may, with the consent of the proper officers of said
"Home," be received and detained as an inmate of said
home in lieu of the bridewell or house of correction, until
the expiration of such sentence ; and when any such per-^
son has been committed to the city bridewell or house of
correction for any such misdemeanor caused by intoxication
or for drunkeness, either justice of the police court may,
with the consent aforesaid, upon application, cause him to
be transferred to the said Washingtonian Home, for the
unexpired term of his sentence.
Employments § 6. Said " Homc" may cause such mechanical or other
and labor. employments to be carriecfon under the control of the sanie
and may require its inmates to perform such labor as, in
the opinion of the officers of said home, may be useful or
necessary 10 facilitate the recovery of its inmates or pro-
\ mote their welfare ; and every authority necessary or con-
venient to carry into effect the provisions of this act is
hereby conferred on said corporation.
Putios of troa- ^ 7. It shall bc the duty of the treasurer of the county
Mirers. of'Cook and the treasurer of the city of Chicago, or of the
officers of either into whose hands' the same may come or
be paid, to pay over to said corporation, in quarterly in-
stallments, for the support aud maintenance of said institu-
tion, ten per cent, of all moneys received for all licenses
BENEVOLENT ASSOCIATIONS.
143
granted by authority of said county or city, for the right or
privilege to vend or s«ll spirituous, vinous or fermented
liquors witliin the said county of Cook and city of Chicago.
§ 8. All the property at any time owned by said corpo- Piopeitv^ex-
ration shall be exempt froin, taxation. taxation.
§ 9. All acts or parts of acts inconsistent with the pro- inconsistent
. ^ r 1 • ^ 1 1 11 acts repealed.
visuuis ot this act, are hereby repealed.
§ 10. This act shall be deemed a public act, and shall
take effect from the date of its passage and approval by the
governor.
Approved February 16, 1867.
AN ACT to incorporate the Firemens' Benevolent .Association of Spring- inforeeApnl2S*
field, Illinois, and for other purposes. 1SC7.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That all such *
persons as now are or hereafter may become members of
the '' Firemens' Benevolent Association of the city of . .
Springfield," in accordance with the constitution of said
association and the by-laws of the board of directors of said
association, shall be and they are hereby ordained, consti-
tuted and declared to be a body corporate and politic, in
fact and in name, by the name and style of the " Firemens' Name and style
Benevolent Association of the City of Springfield ;" and
by that name they and their successors shall and may have
perpetual succession ; and by their corporate name shall be Powers,
persons in law, capable of suing and being sued, pleading
and being impleaded, answering and being answered unto,
defending and being defended in all courts and places what-
soever, in all manner of actions, suits, complaints, matters
and causes whatsoever ; of having and using a common
seal, and changino- and altering the same at pleasure; and
of contracting and being contracted with; and of purclias-
ing, h(.il(ling and conveying any estate or property, real,
personal or mixed, for the use and benefit of said corpora-
tion, and for no other use and benefit whatsoever : Provided, Proviso.
that said corporation shall at no time hold property to an
amount exceeding the sum of one hundred thousand dol-
lars.
§ 2. The said corporation shall have full power to make, Business and
establish and prescribe for its own government and regula- "P'^''-'^""'^-"-
tion of its own business and affairs and concei-ning the
management and disposition of its own funds, such consti-
tution, by-laws, rules and regulations as shall, from time to
time, appear proper and needful for the proper carrying out
and conducting of the business and purpose for wliich the
144:
BENEVOLENT ASSOCIATIONS.
Objects,
Rates of insu-
rance, etc.
said corporation is bv this act instituted, and for no other
purpose whatsoever, whicli it ina.j alter or amend at ])leasure,
provided the same be not repugnant to the constitution and
laws of this state and of the United States.
§ 3. The object of this association shall be to create a
fund and provide means for the relief of the distressed, sick,
injured or disabled members thereof and their immediate
families ; and all property and money acquired by said
association shall be held and used solely for that purpose;
and the business, property, funds and estate of the said
association managed, conducted and controlled according to
the constitution, by-laws, rules and regulations above au-
thorized.
§ 4. For the purpose of enabling the said association
more speedily to raise a fund sufficiently large for its pur-
poses, it shall be lawful for said association to contract fur,
take, receive and collect interest upon the loan or forbear-
ance of any mone}^ goods or things in action at the rate of
ten dollars upon the hundred, ' and after that rate for a
greater or less sum or for a longer or shorter time.
§ 5. In any action, suit or other proceeding, which is
now or may hereafter be instituted, commenced or prose-
cuted for tiie recovery or collection of any line, penalty or
forfeiture imposed by any existing or future laws of this
state or of any existing or future laws or ordinances of the
common council of the city of Springfield or of any of the
lire companies in the said city and appropriated to the use
of such -association, it shall be no objection to the competency
of any witness in any such action, suit or other proceeding
for the recovery or collection of any such line, penalty or
forfeiture so imposed and appropriated to the use of said
association or of any of the tire comi3anies in said city,
that he, the said witness, is or has been a member of said
association or of said lire company or is or nuiy become
entitled to the benefits of the association fund.
§ 6. There shall be paid to the treasurer of said associa-
tion, for the use and benefit of such association, by every
person who shall act in the city of Springfield as agent for
01' on behalf of any individual or association of individuals,
not incorporated by the laws of this state, to effect insurance
against loss or injury by fire in the city of Springfield,
although such individuals or association may be incor[)0-
rated for that })urpose by another state or county, the sum
of two dollars upon the one hundred dollars, and at that
rate upon all premiums \vhicli during the year or part of
year ending on the next preceding first day of , shall
have been received by such agent or person or received by
any other person for him or shall have been agreed to be
paid for any insurance eft'ected or agreed to be efi'ected or
promised by him as such agent or otherwise against loss or
injury by lire in the city of Springfield.
BENEVOLENT ASSOCIATIONS. 14:5
S 7. No person shall, in the city of Sprino^fielcl, as agent obligations and
"^ ' . I . .,'.., , . T . 1 1 • f- requirements
or otherwise tor any individual, individuals or association, of insurance
effect or a^^ree to effect any insurance upon v^^hich the duty agents.
•before-mentioned is required to be paid, or as agent or
otherwise, procure such insurance to be effected, until he
shall have executed and delivered to the said treasurer a
bond to the Firemens' Benevolent Association of the City
of Springtield in the penal sum of one thousand ^dollars,
with sucli sureties as the treasurer, with a condition that
he will annually render to the treasurer on the first day
of January in each and every year, a just and true account
verified by his oath, that the same is just and true, of all
premiums which during the year ending the first day of
December preceding such report, shall have been received
by him or by any other person for him, or agreed to be paid
for any insurance against loss or injury by fire in the city
of Springfield, which shall have been effected from any
individual, individuals or association not incorporated by
the laws of this state, as aforesaid, and that he will annual-
ly, on the first day of January of each year, pay to the said
treasurer the sum of two dollars upon every one hundred
dollars, and at that rate upon the amount of such premiums,
§ .8. Every person [who shall] effect, agree to effect, pro- Forfeitures for
• • • 1 " 1 1 • failure to 6X6-
mise or procure any insurance specified m the preceding sec- e^te bonds,
tions of this act, without having executed and delivered the etc-
bond required by the preceding section, shall, for each
offense, forfeit the sum of one thousand dollars which shall
be collected in the name and for the use of the Firemens'
Bj^ievolent Association of the City of Sprmgfield.
§ 9. Any person who at any time hereafter, as agent or Reports of
otherwise, for any individual or individuals or ass ciations pi*aee°of°bnsi-
may, in the city of Springfield, effect or agree to effect any "nel^aVen^sr
insurance specified in the preceding section of this act shall
on the first day of January in each year, or within ten days
thereafter, and as often in each year as he shall alter or
change his place of business in said city, report in writing,
under his proper signature, to the treasurer of the said
Firemens' Benevolent Association of the City of Spring-
field, the street and number thereof in said city of his place
of doing business as such agent or otherwise, designating
in such report the individual or individuals and association
or associations for which he may be such agent or other-
wise; and, in case of default in any of these particulars, sucli Penalty for fail.
person shall forfeit for every such offense the sum of five ropor°,?tc^^
hundred dollars — to be recovered and collected in the name
and for the use of the " Firemens' Benevolent Association
of the City of Springfield."
§ 10. This act shall be a public act, and shall be liber-
ally construed in all courts of law and equity for all the
purposes herein intended.
Approved February 28, 1867.
146
BENEVOLENT ASSOCIATIOXS.
Iq force March
5, 1S67.
Corporators.
Name and styl«
Constitution
and by-laws.
Election of offi
cers, etc.
Gifts, devises
and donations,
Evidence ol
lawis.
AN ACT to incorporate the French Mutual Society, of Ottawa, Illinois.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the Genercd Asstmhly^ That David
Bernard, Fhillipp Shock, Louis Carter, Charles Wiedinan,
Donat Hollicker, Christian Walter, and Peter Clanr, and
their associates and successors, and all other persons who
hereafter may associate witii them, be declared and consti-
tuted a body corporate and politic, by the name and style
of "The French Mutual Society, of Ottawa, Illinois"; and
by that name they and their successors shall and may have
succession ; shall be capable of suing and being sued,
contract and be contracted with ; may have and use a com-
mon seal, and the eame may alter or change at pleasure;
and they and their successors, by their corporate name,
shall in law be capable of taking, receiving, purchasing and
holuing real and personal estate; may sell and convey the
same; to make by-laws, for the management of its affairs,
not inconsistent with the constitution and laws of this state
or the United States ; to elect or appoint the officers and
agents of said association for the management of its
business.
§ 2, The constitution and by-laws now adopted by said
association shall continue in force until changed by said
association ; and all personal property and effects, of what-
ever kind, now held by said association or any person in
trust therefor, shall, by virtue of this act, vest in and
become the property of the corporation hereby created. ^
§ 3. The association, so incorporated, may annually, or
oftener, elect from its own members such officers and man-
agers as the association maj deem proper, at such times
and places and in such manner and with such powers
expressed and duties imposed on said officers and managers
as said association, by its by-laws may direct; and in case
it shall happen that an election of officers and managers
shall not be made on the day designated by the by-laws, it
may and shall be lawful, on any other day to hold an elec-
tion of such officers and managers.
§ 4. The association incorporated by this act shall bo
capable of taking, holding and receiving any property, real
or personal, by virtue of any gifts, purchase, devise,
bequest, contained in any last will and testament of any
person whatsoever, or in any other manner.
§ 5. The constitution, by-laws and resolutions of said
association shall l)e in full force when recorded in the
records of said association; and, on the production and
proof of such record, shall be received as evidence of the
facts herein stated in all courts of justice and upon all law-
ful occasions.
BENEVOLENT ASSOCIATIONS.
147
§ 6. Said corporation may require bond and satisfactory security of offi-
security of its treasurer or other ofiicer entrusted witli
moneys, tor the faithful performance of his or their duties
of such ofticer.
§ 7.A The object of this association is hereby declared to object,
be a benevolent society.
§ 8. Suits may be instituted on promissory notes and suits at law.
accouuts heretofore given to said society, in the name of
the corporation hereby created.
§ 1). This act shall be in force from and after its passage.
Ai'PKOTED March 5, 1867.
AN ACT to incorporate the Benevolent Association of the Paid Fire De- 1° *^°^^|g^^^^' ^'
partmcnt of the City of Chicago, and for other purposes.
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the General Assembly, That all such
persons as now are or hereafter may become members of
the Benevolent Association of the Paid Fife Department
of the City of Chicago, in accordance with the provisions
of the constitution of the said association and the by-laws
of the board of directors of said association, shall be and
they are hereby ordained, constituted and declared to be a
body corporate and politic, in fact and in name, by the name
and^style of the "Benevolent Association of the Paid Fire Nameandstyie.
Department of the City of Chicago;" and by that name
they and their successors shall and may have perpetual Powers,
succession; and, by their corporate name, shall be persons
in law capable of suing and being sued, pleading and being
impleaded, answering and being answered unto, defending
and being defended, in all courts and places whatsoever in
all manner of actions, suits, complaints, matters and causes
whatsoever; of having and using a common seal, and
changing and altering the same at their pleasure ; and of
contracting and being contracted with; and of purchasing,
holding and conveying any estate or property, real, personal
or mixed, for the use and benefit of said corporation, and
for no other use and benefit whatsoever: /Vet' ^V/^f/, that Pro^'^o-
said corporation shall at no one time hold property to
an amount exceeding the sum of one hundred thousand
dollars.
§ 2. The said corporation shall have full power to make, ^°^^^'^*"5a°"3.
establish and prescribe for its own government and the
regulation of its own business and affairs and concerning
the management and disposition of its own funds, such con-
stitution, bydaws, rules and regulations as shall from time
to time apj)ear proper and needful for the proper carrying
148 BENEVOLENT ASSOCIATIONS.
out and conducting of the business and purposes for which
the said corporation is by this act instituted, and for no
other purpose whatsoevei', which it may alter and amend at
Proviso. pleasure: Provided, the same be not repugnant to the
constitution and laws of this state and of the United
States. •
^^-i^*^*- _ § 3. The object of the association shall be to create a
fund "and provide means for the relief of the distressed sick,
injured and disabled members thereof and their immediate
families ; and all the property and money acquired by said
association shall be held and used solely tor that purpose ;
and the business, property, funds and estate of the said
association shall be managed, conducted and controlled
according to the constitution, by-laws, rules and res'ulations
above authorized: And it is further ^provided, that the one-
eighth of the amount of all lire insurance rates now annu-
ally paid into the city treasury, to create a fund for the
benefit of disabled or distressed firemen, who may become
disabled while in the service of the city of Chicago, shall
be annually paid by the comptroller of the city to the asso-
ciation to be invested and held by them as a trust fund, for
the benefit of firemen who shall or may become disabled
while in the s»-vice of the city. ■
^etcf°^' ^"''^' § ^' ^^^ ^^y action, suit or other proceeding, which now
is or hereafter may be instituted, commenced or prosecu-
ted for the recovery or collection of any fine, penalty or
forfeiture imposed by any existing laws of this state or by
any existing or future law or ordinance of the common
council of the city of Chicago, or any of the fire companies
in said city and appropriated to the use of such association,
it shall be no objection to the competency of any witness
in any such action, suit or otlier proceeding for the recovery
or collection of any such fine, penalty or forfeiture, so
imposed and appropriated to the use of the said association
or of any of the fire companies in said city, that he, the
said witness, is or has been a member of said association
or of said fire company, or is or may become entitled to the
benefit of the association fund.
construction of § 5. This act shall be a public act, and shall be liberally
construed in all courts of law and equity for all the purpo-
ses herein intended ; and the act heretofore passed on the
same subject is hereby repealed.
Ari'KOVED March 5, 1867.
-ENEVOLENT ASSOCIATIONS. 149
A'^ ACT to incorporate the Seaman's Benevolent Union of Chicago. j^ force March
5, 1867.'
Section 1. Be it enacted hj the People of the State of
Illinois^ represented in the General Asse7nbly, That Thomas corporators
Clancy, John Todd, Walter J. Cullen, William Foster,
Thomas Fitzgerald, Peter Rostler, Andrew Anderson,
Nicholas O'Connor, James Gorman, John A. Anderson,
George Harris, William H. Stevenson, William McMullen,
Henry Lovedell and Andrew Johnson, and their associates
and successors, be and they are hereby created a body cor-
porate and politic, by the nametuid style of "The Seaman's Name'and style
Benevolent Union of Chicago;" and by that name and
style shall have perpetual succession, with power to sue corporate pow-
and be sued, plead and be impleaded; to acquire, hold and ®""
convey property, real, personal and mixed, in all lawful
ways ; to have and use a common seal, and to alter the
same at pleasure; to make and alter, from time to time,
such by-laws as they may deem necessar}^ for the benetit
and government of said Benevolent Union: Provided, such Proviso.
by-laws are not inconsistent with the constitution and laws
of this state and of the United States: And, provided, also, Proviso.
that the valuation of property held by said Seaman's
Benevolent Union shall not exceed twenty-live thousand
dollars.
§ 2. The objects of the Seaman's Bevevolent Union objects.
shall be the moral, mental and mutual improvement of its
members, who must be practical seamen and have followed
such occupation for a livelihood, and that industry, sobriety
and a feeling for mutual welfare shall form the basis of the
principles of said union and its usefulness.
§ 3, The Seaman's Benevolent Union of Chicago, which Election of offi
shall, at least, consist of fifty members, shall elect bv ballot '^'^'^^'
the -usual otticers of said union on the second Thursday of
of March in each year ; and their duties shall last for "one
year; and they shall consist of one president, two vice
presidents, one financial secretary, one recording secretary,
one conductor, one warden or janitor, and three trustee's;
and all receipts, certificates or contracts shall bear the
impress or stamp of the seal of said benevolent union, and
shall be signed by the president or either vice president and
countersigned by the recording secretary or financial secre-
tary thereof.
§ 4. The said corporation may receive, take and hold Donations, de-
any gifts, devises, bequests or donations, which may be ^'*''^' ^"'''
made and may be used for the promoting of the objects and
usefulness of said corporation ; and the property so held or
acquired shall not be liable to taxation.
§ 5. It is fuither enacted, That the said corporation Rules, bylaws,
shall have power to make all needful and necessary rules ^"^•
and by laws for the regulation of its affairs ; and these shall
150 BENEVOLENT ASSOCIATIONS.
be binding on its members; and said rules, thereafter, shall
not be altered, changed or amended, except by a vote of
two-thirds of the members of said benevolent union, at a
meeting called for said purpose of amending the rules or
by-laws of said corporation.
' § 6. This act sliall take effect and be in force from and
after its passage.
Approved March 5, 1867.
In force March AN ACT to incorporate the Thief Detective and Mutual Aid Association,
^> IS'''^- of Princeville.
Section 1. Be it enacted hy the People of the State of
Illinois^ rejpesented in the General Assembly, Ihat all such
persons as now are or shall hereafter become and shall
continue and remam members of the Thief Detective and
Mutual Aid Association, of Princeville, in Peoria county,
and state of Illinois, from and after the date of the passage
and approval of this act shall be and they are hereby crea-
ted and constituted a body politic and corporate, by the
Name and s^ie. description, name and style of "The Thief Detective and
Mutual Aid Association, of Princeville ;" and shall have
perpetual succession ; and may have and use a common
Powers. seal, and jmay alter the same at pleasure ; and, by the same
name [and] style, shall be capable of suing and being sued,
pleading and being impleaded in any and all courts of law
and equity whatsoever; and by that name shall be capable
to contract and be contracted with ; to have, hold and enjo}^,
by gitt, devise, grant, purchase or otherwise, real and per-
sonal estate, not to exceed at any one time the value of
twenty thousand dollars, and again to sell the same or to
dispose thereof at pleasure ; and to loan the money and
funds of the association, and take promissory notes, bonds,
mortgages and other evidences of indebtedness, to secure
the same.
ovject. § 2. The object of this association sliall be : First— To
detect thieving of all classes ; to pursue and arrest thieves
and to bring them to just punishment under the law ; and
second — To aid each other, in case of loss by theft, to such
an amount as shall be fixed by the constitution and by-laws
hereinafter provided for.
conMiiution § 3. The Said association shall have power to make and
adopt a constitution and by-laws for the government and
maintenance of the said association, as they may from time
to time consider tit and proper, not inconsistent with the
constitution and laws of this state or of the United States ;
and again to repeal and alter the same ; which constitution
and bv-laws.
BENEVOLENT ASSOCIATIONS. 151
and by-laws, when made and adopted, shall be binding
upon the members of said association, and may be enforced
against them, either by suit, in the name of the association,
or by forfeiture of the membership, or by both.
§ 4. The constitution and by laws, also a record of the Records of pro-
proceedings and the names of the members of the said "°""""° "'"
association, shall be entered by an officer of the association
in a book kept for that purpose ; which said book shall be
2)rima facie evidence of the matter therein contained in all
courts of justice.
§ 5. This act shall be in force from and after its passage.
ArPKOVED March 5, 1867.
ceeuiiigs, etc.
AN ACT to incorporate the German Workingmens' Mutual Relief and Insu- In force March
ranee Association, of Peoria. '' ^^^'•
Section 1. Be it enacted hy the People of the State of
Illinois^ rc2)res€nted in the General Assembly^ That Philip
Bender, John Ohl, William Geilhausen, Bernhard Crener, corporators.
Charles Finse, Enil Huber, Frederick Faber, John Trager,
Charles Langjahr, Julius Proebsting, John Schnab, "William
Kunst, Herman Tendering, and all other persons who may
be hereafter members of the German Workingmens' Mu- m
tiial Relief and Insurance Association, of Peoria, be and ^
are hereby created a body corporate and politic, by the name Nameandstjie.
and style of ''The German Workingmens' Mutual Relief
and Insurance Association, of Peoria," to be located in the
city of Peoria, state of Illinois ; and by that name may sue corporate pow-
and be sued, plead and be impleaded, appear, prosecute and ^"•
defend in any court of record or other court or place what-
soever; may have and use a common seal ; may purchase
and hold such real and personal estate as may be necessary
to efiect the objects of this corporation, and sell and convey
the same at pleasure ; may make, institute and put in exe-
cution such by-laws and resolutions, not being contrary to
the laws of this state or of the United States, as may seem
necessary or convenient to carry into effect the provisions of
this act and the objects of the association.
§ 2. All persons who shall at any time be insured in Membership,
this association shall be members thereof during the con-
tinuation of their respective policies.
§ 3. The affairs of said association shall be managed by Directors.
a board of directors, to be elected by a ballot by the mem-
bers present, for one year, and to consist of not less than
live nor more than fifteen members, as maybe regulated by
the by-laws of said association ; and a majority of the
above board shall constitute a quorum. The said board of Quorum.
152
BENEVOLENT ASSOCIATIONS.
Object.
Actions for
covery, etc.
directors sliall elect a president, vice-president, secretary,
and treasurer, from their number, and shall transact all the
business of the association.
§ 4. The Bociet}^ hereby created shall be and exist for
the mutual relief, benefit, assistance and support of its mem-
bers, their wives or children, in cases of sickness and
death. The association shall have the power to insure its
members against the loss of life and insure the health of its
members, upon such terms and conditions as may be regu-
lated by the by-laws of the association. The rates of insu-
rance shall be fixed by the board of directors,
§ 5. The board of directors may levy an assessment upon
the policies at any time they may deem it necessary for the
payment of losses and expenses. Said assessment shall be
equalized in proportion to the respective amounts of said
policies. . The members of this association shall be bound
to pay said assessments made for losses and expenses accru-
ing during the time for which their policies were issued and
in force. In case an action is brought for the recovery of
any assessment due the said association^ the certificates of
the secretary of the said association, under seal thereof,
'specifying said assessment ; and this amount due the asso-
ciation by means thereof shall be taken and received as
prima facie evidence in all courts of the facts therein stated.
§ 6. In all suits by or againt said association, any mem-
ber thereof shall be a competent witness, except in suits
in which such member shall be a party in his individual
capacity : Provided, lie, she or they are not otherwise dis-
qualified.
§ 7. This act to be in force from and after its passage.
Approved March 7, 1867.
tn force March AN ACT to incorporate the Sisters of tlie Good Shepherd, of the City of
7,1807. Chicago.
Preamble.
Corporator?.
Whereas, the Sisters of the Good Shepherd, in Chicago,
who are members of an order, the object of which [is] to
reform abandoned women, and alford an asylum to such
females as have been led away from the paths of virtue and
wish to return, have applied for an act of incorporation ;
Section 1. Be it therefore enacted hy the People of the
State of Illinois, rept esented in the General Assembly, That
Adeline Noreau, (known as Sister JVJary of the Nativity,)
superior ; Mary Kavanagh, (known as Sister Mary of St.
Fhilomene,) assistant ; Catharine Kiordan, (known as Sister
Mary of St. Joseph,) counsellor ; and Clara Nonenkamp,
(known as Sister Mary of the Visitation,) counsellor, and
BOARD OF IMPROVEMENT. 153
their successors in office, be and they are hereby declared
and constituted a body corporate and politic, by the name
of " The House of the Good Shepherd ;" and, by that Name.
name, shall have the right to maintain and carry on" an in- Rights and priv-
stitution, at Chicago, for the reformation of abandoned *^'^°^^-
women ; shall have perpetual succession, be capable to con-
tract and bo contracted with, to sue and be sued, to plead
and be impleaded, to answer and be answered unto, defend
and be defended in all courts or places whatsoever; to have
a common seal, and alter it at pleasure ; to make such laws,
rules and regulations as may be necessary for the proper-
order, conduct and control of said house, and to purchase,
take, by gift, grant or devise, receive, hold and enpv, ta
them and their successors, any goods, chattels, lancis^an^
tenements, and to sell, lease or otherwise dispose of th^
same, at pleasure,
§ 2. A7id be it further enacted^ That said corporation Business and
shall have the light to keep a school or academy, or eno-ao-e p''''^«'«s'°°S'
in any other lawful and legitimate profession or business,
for the purpose of maintaining said house.
§ 3. This act shall be a public act, and shall be con- construction of
strued liberally and favorably for every beneficial purpose; '*''*■
and no misnomer of said corporation in any instrument of
writing shall vitiate or defeat any gift or grant thereby
made ; Provided, the intention of the parties can be gather- Proviso.
ed from the instrument itself.
§ 4. Be it further enacted, That the property of this Property ex-
corporation, to the amount of fifty thousand dollars, (^50,- S.'^'°"' *^'^"-
000,) is hereby released from taxation for any purpose
whatsoever.
Approved March 7, 1867.
AX ACT to amend the charter of the American Bottom Board of Improve- inforceFeb 28
ment, approved February 10, 1853. 1867.
Section 1. Be it enacted by the People of the State of
Illinois, rejrresented in the General Assemly, That a maioritv
°f T'l'rLl^'';r„?,°,!!' °i?^il^;-™- Bottom ioa.-i k.,.™.. ,..
election of di-
",,,*"' "^ oc..^. xxii^ciiurtu -UULCOm JjOara Residen
ot Improvement, shall be residents of the American Bottom ^'^°"°'
in St. Clair county, in this state; and that the election of ''''°''
directors ot said corporation, shall be held at their ofiice
which shall be kept at East Saint Louis, in said county. '
§2. That in section five of said charter, the word "two" ^^"®^^"°'i «
be stricken out and the word « five" be substituted therefor ''''"" ''
iJ I' '^w? '"i ^,?^^'^'' ^'"^ ^^) °^ ^^^^ charter the words ci?an.e of sec
"five'' and "eight" be stricken out and the word "ten" be '
substituted for each, respectively.
Yol.L-11 ^
154 BOAED OF IMPROVEMENTS.
See. T amended. § 4. Tkat section Seven (§ 7) of said charter be iso
amended as to read as follovrs : " That for the purpose of
meeting any interest upon the capital invested and the
expenses incurred in the construction of embankments,
levees and drainage of the land, and all interests accruing
upon the bonds issued by the company, there shall be
annually levied and collected, in the mode hereinafter pro-
vided, a tax upon said lands so embraced within said em-
bankments, levees, and all others in St, Clair county directly
benefited by said drainage, leveeing or embankments;
which said tax shall not be greater than will meet an
amount sufficient to pay ten per cent, upon the capital so
invested and bonds issued, and other expenses incurred^
The expenses of management and the annual necessary
repairs to the work, when completed, after the application
of any profits arising fropi said works, if any such there be,
and the proceeds of said taxation, shall be applied to no
other purpose ; any balance remainina: over from any one
year shall be carried forward, as accredit, to the next."
See. 8 amended. | 5. That section eight (§ 8) of said charter be amended
so as to read as follows, viz: "Said company shall make
out and deliver to the collector of St, Clair county, annually,
a list of all persons and lands within said embankments
and benefited by said drainage, leveeing or embankments,
together with a statement made under oath of the treasurer
of said company, of all moneys expended or borrowed for
the construction and repair of said works, and also the
necessary annual expenses of the management of the same;
and it shall be the duty of the state and county collector,
to place upon the state and county assessment, and in addi-
tion thereto, such sum per cent, as will pay the expenses
and interests hereinbefore reserved. The company shall
assess all lands within the county of St. Clair, for such
taxation, in proportion to the benefits said lands shall derive
from said work done by said company; and said taxation shall
be collected at the same time and places as state and county
taxes are collected ; and, in the event of non-payment, the
same rights and privileges, liens and remedies that are now
in force, or shall be made obligatory by law, for the collec-
tion of state and county taxes, shall be applicable to the
collection of said special tax and any additional tax herein-
after provided for, and the same judgment shall be obtained
and the same privileges and obligations shall be imposed
upon purchasers and owners as by law are applicable to
lands sold for the non-payment of taxes, and all deeds exe-
cuted by the sheriff, on a sale of such land for taxes under
the provisions of this law, shall be received in all courts of
justice as evidence of the same facts now evidenced by the
sheriff's deeds under the revenue law of the state,"
^r* dditioS**^ § ^- "^^^'^^ section nine (§ 9) of said charter be amended
ya lions. ^^ adding thereto as follows, viz: "Such vote shall be the
BOAED OF IMPROVEMENTS. 155
determination of the majority of the land holding legal
voters of the district drained and embanked, voting at an
election held for the purpose at the company's ofKce ; and
upon the written application of any number of said land-
holders, however, not less than twenty live, it shall be the
duty of said American Bottom Board of Improvement to
give at least thirty days' notice of the time and place of
taking such vote, by publication thereof in some newspaper,
printed in East St. Louis, in said county of St. Clair, and
also by posting up printed notices thereof, in at least twenty
of the most public places within the territory drained and
embanked by said company ; and that as soon as the object
of this charter is accomplished, viz : the lands in the
American Bottom in said townships number one and two
of north ranges nine and ten, west of the third principal
meridian, in said^ county of St. Clair, are drained and em-
banked, it shall be the duty of the directors of said company
to provide for the speedy and gradual redemption of the
company's bonds and capital stock, by levying and collecting
annually an additional tax of not less than one nor more
than three per cent, upon the assessment for state and county
purposes of the lands affected by the works of this com-
pany and subject to taxation from it, by virtue of this char-
ter. Such additional tax shall be appropriated for the
purposes named and for no other."
§ 7. Whenever the work and all the property of the owners posses-
said American Bottom Board of Improvement shall become er°y, etc. ^"^'
the property of the owners of the land, as provided in sec-
tion ten (§ 10) of the act, to which this is an amendment,
the same shall thereafter be managed by the owners of said
land and otherwise legal voters in the district drained and em-
banked, instead of the county court of said St. Clair county ;
and the said land owners shall thereupon become a body cor-
porate and politic, under the name of "The American Bottom incorporated
Board of Improvement;" and said company shall be ''^°"^°^-
invested with all the powers, in the management of said p^^g^s and
works and property, as is conferred upon the county court privileges.
of St. Clair county in said section ten, (§ 10,) and shall
manage [the same under a board of seven directors, to be
chosen annually by said land owners ; which board shall
choose a president and secretary, who shall be the acting
ofhcers of said company. Said company may contract and
be contracted with, sue and be sued, by its corporate name
aforesaid ; may have a common seal, and may make such
rules and regulations, not inconsistent with the laws of the
land, as may be necessary to enable said company to execute
the powers and duties conferred on it.
§ 8. Whenever the directors of the corporation created contracts and
by the act to which this is an amendment, or of the com- agreements.
pany succeeding it by virtue of the foregoing section, may
deem it expedient to do so, they shall have full power and
156 BOAED OF IMPROVEMENTS.
authority to contract for and a^ree to the use of any em-
bankment or other work of paid company by and with any
person or persons, corporation or corporations, who may
desire to use the same for railroad, turnpike, plankroad,
wharf or other useful purposes ; however, for no less a con-
sideration than tiie keeping in repair and preservation of
- such embankment or other work, free from charges against
said company : Provided^ that the party thus using said
embankment or other work of said company shall, without
a special contract to the contrary, not be liable for any
damage done to the same by a flood, and after reasonable
efforts on their part to prevent the same.
Penalties for § 9. If any pcrsou shall willfully or maliciously dig
.'Suetioif'^of down, break down, level, demolish, or otherwise destroy,
property. obstruct or damage any of the levees, embankments, drains
or other works, or any part thereof, made or hereafter con-
structed by the American Bottom Board of Improvement,
■ every person so offending shall be deemed guilty of a
misdemeanor, and shall upon conviction thereof, before any
justice of the peace, be punished by a fine of not less than
fifty nor more than one hundred dollars; or, upon conviction
thereof before any other court of competent jurisdiction,
shall be punished by a fine as aforesaid, or by imprisonment
for a term not exceeding one year, or both ; and such
offender shall also be liable in an action of trespass, to be
brought against him, her or them in any court of compe-
tent iurisdiction, in the name of such company, occasioned
Application and by lus, her or their unlawful acts. All fines thus recovered
fmr8°1tc°'^ °' s'^^^^ ^^ P'"^^^ "^^^ ^^® treasury of said company, to be
applied by said company as funds raised by taxation. All
members of said company shall be competent witnesses in
such suits, and to enable the said corporation to enforce the
provisions of this section, power and authority is hereby
given to the ofhcers of said corporation who are entrusted
by said company with superintending the construction or
the preservation of the company's works, respectively, to
Arrests. arrcst, without process, any perecn or persons who, to their
knowledge may have committed any ofi'ense against the
provisions of this section, and shall carry such offender or
offenders before a justice of the peace for trial or examina-
tion.
conflieUng pro- Anything in the act, to. which this is an amendment
visions repeal- inconsistent with the provisions of this act are hereby
repealed.
This act shall be a public act, and be in force from and
after its passage.
Approved February 28, 1867.
BOARD OF SUPERVISOKS. 157
AN ACT to legalize the acts of the Board of Supervisors of Richland county, in force Feb "0
1867. " " '
Section 1. Be it enacted By the People of the State of
Illinois^ represented in the General Assembly^ That so much Act of board of
of the acts of the board of supervisors of Richland county, mideTaT 8i,
made on tlie 31st day of January, 1865, providing for and and'confirme^/
directing the payment of one hundred dollars to each of
eighty-six volunteers, thereafter enlisting in the service of
the United States for said connty, and also the orders there-
after made by said board, authorizing the county clerk of
said county to issue bonds or orders for the purpose of rais-
ing a bounty fund for said county, and the sale of the same
to the amount of nine thousand one hundred and thirty-
eight (§9,138), and also the assessment and collection of the
tax in said connty for the payment of the same, be and the
same are hereby legalized and confirmed; and the board of g^ ^^^15^,,^,^^,
supervisors of the county of Richland are hereby author- ligations, etc.
ized and required to pay to all who have not received the*
same the sum of one hundred d(jllars and interest thereon,
from the time of volunteering, to each volunteer for said
county, who volunteered after the thirty-first day of Jan-
uary, 1865.
§ 2. This act to take effect from and after its passage.
Appkoved February 20, 1867.
AN ACT to amend the "Act to incorporate a board of trustees for the town in force March
of Lake View, in Cook countv," approved February 16, 1865. 5; 1S67.
Section 1. Be it enacted by the People of the State of
lUinois^ represented in the General Assembly^ That the
township of Lake View, in Cook county, is and shall be a
municipal corporation, under the name of the town of Lake Name.
Yiew, and may have and use a common seal, and alter the
same at pleasure.
§ 2. The supervisor of said town shall be the president, supervisors.
and the clerk of said town shall be the clerk of the board
of trustees ; and regular meetings of the trustees shall be
held at such times and places as they may, by order or reso-
lution, appoint.
§ 3. The supervisor shall be the treasurer, and execute Treasurer.
such bond as the board of trustees may direct. The clerk
shall perform such duties as may be prescribed by the board
of trustees, and the records and certified copies therefrom,
or of any paper on file in the office of said clerk, shall be cierk's duties.
evidence in all courts and places.
§ 4. The board of trustees shall have power to levy Taxes.*
taxes on the real estate and personal property assessed in
158 BOARD OF TRUSTEES.
said town, to pay the expenses authorized by this act and
the act to which this is an amendment. Whenever the
board of trustees determines on the rate of taxation, the
town clerk shall file a certificate thereof with the county
clerk, who shall compute and extend the taxes on the real
and personal property assessed in said town and returned to
him by the town assessor, as in the case of town taxes ; and,
thereafter, the like proceedings shall be had to collect the
same and enforce payment tbereof as in the case of other
taxes. The money, when collected, shall be paid to the
treasurer of the board of trustees, and paid out as may be
ofdered by said board.
Borrow money, g 5, 'X'he hoard of trustccs shall have power to borrow,
not exceeding two thousand dollars in any one year, at a
Rate of interest rate of interest not exceeding ten per cent, per annum, to
enable the town to meet any deficiency or to anticipate the
collection of the taxes for the current year.
Town hall and § 6, The board ot trustees may build a town hall and a
calaboose. 'calaboosc, at such place as they may designate ; and for
that purpose may borrow money, if necessary, for and in
behalf of the town, and levy a tax to pay the expense of
procuring a site and erecting either or both of such build-
Costof. ings; but the cost shall not exceed the sum of three thou-
sand dollars, unless the plan and amount be first submitted
to the legal voters of said town at any regular election, or
any special election ordered by the trustees for that purpose.
Whenever a town hall shall be built the town meetings,
f elections and the meetings of the board of trustees, shall
be held at such town hall.
Supervision of § 7. The board of trustees shall have the control and
highways, etc. gupervigjon of the highways, streets, alleys, public grounds
and parks in said town ; any park that may be opened by
the North Park commissioners, under an act entitled "An
act to provide for the location, improvement and regulation
of a certain park therein named," approved February 16th,
A. D. 1865 ; and the overseers of highways shall be subject
to the orders of said board.
Duties and § 8. The board of trustees shall have power to lay out,
u-ustees."^ Open, widen, narrow, extend, straighten, alter or vacate high-
ways, streets and alleys, and to cause new or old highways,
streets or alleys to be* surveyed, platted and recorded.
Whenever the board of trustees shall determine to execute
any power under this section, the three commissioners of
highways shall proceed in the manner provided by the laws
in regard to township organization, in force at such time ;
and the commissioners shall report their proceedings to the
board of trustees for examination and confirmation, and, if
disapproved, the same shall be of no force, but, if con-
firmed, the same shall have the like efi'ect as the final de-
cision of the commissioners of highways under the township
BOARD OF TKUSTEES. 159'
organization laws ; and an appeal may be prosecuted from
the decisM^n of the board of trustees of disapproval or con-
firmation, in the same manner and with like effect as from
the final decision of commissioners of highways.
§ I). The board of trustees may provide for the expenses Expenses oi
of opening, widening, narrowing, extending or altering melTts!"^^"^^"
highways, streets or alleys, and for improving the same, as
authorized by the act to which this is an amendment, by
general taxation, or tor a part thereof, by special assessment,
and a part by general taxation, or for the whole, in the man-
ner provided in said act as they may see proper.
§ 10. All highways, streets, avenues, alleys, squares, conveyances of
parks or public grounds, marked or noted as such, on any ty,^e'tc.^'^°^^'^'
plat, subdivision or map of any tract or parcel of land in
said town, heretofore made or hereafter to be made by the
owner thereof, and recorded in the ofiice where deeds have
been or may be required b_y law to be recorded, shall be
deemed in law and equity a sufiicient conveyance to vest
the fee simple of all such parcels of land in the town of
Lake Yiew, for the*uses and purposes expressed or indi-
cated on said plat, in like manner and with the same effect
as is provided in section twenty-one, division one, chapter
twenty-five, of the revised laws of 1815, entitled "Corpora-
tions."
§ 11. The board of trustees shall also have power to Nuisances.
define and declare what shall be deemed nuisances, and to
prevent and abate the same and to provide for the punish- Punishment of
ment of offenders against any order or ordinance passed
concerning the same, by fine or imprisonment, or both; to
fix and determine the location of any cemetery which any
person or corporation may hereafter desire to establish or
to open in the town of Lake Yiew, and to fix the bound-
aries of any cemetery, and to prevent the interment of the Location of
dead in any place not now actually used as a cemetery, or ^^^^ ^^^^^'
lying within the inclosure of a cemetery now established ;
to designate the place of holding elections and town meet- Races of hold-
ings until a town hall may be built ; to license or regulate '"" ^^"^ '°°^'
saloons, gardens of public resort, and the sale of spirituous. Liquor traffic,
vinous or malt liquors ; to prohibit and suppress gaming. Gaming.
houses of ill-fame, horse-racing and all disorderly houses x)isorderiy
and places ; to provide for the punishment of those engaged °^^^^-
in fighting, riots or breaches of the peace, or those who may Breaches of
disturb the peace and quiet of any religious assembly or ^^^.^^'
private family ; to commence and prosecute or defend any
suits or legal proceedings, and to employ attorneys and ^"orneys.etc.
necessary agents for that purpose ; to appoint policemen, Policemen and
J X. ^1 • "i i." 1 x; xi • Ml- !• their duties.
define their duties and fix their compensation ; policemen,
constables and members of the board of trustees may each
arrest, without warrant, any person who may be found in Arrests.
the violation of the charter of the town or ordinances passed
in pursuance thereof, or who may be suspected of any such
offenders.
160
BOARD OF PUBLIC AVORKS.
Justices' juris-
dietiou.
Keeping open
of saloons on
Sunday.
Penalties for.
Repealed act.
Ordinances val-
id and in force.
■'Rights of the
Lake View av-
enue Co."
Notice of act.
offense, and bring the person so arrested before any justice
of the peace in said town for examination.
§ 12. The town shall sue and may be sued by its corpo-
rate name. The justices of the peace of the town shall
have jurisdiction of all suits or proceedings for a violation
of any of the ordinances passed thereunder ; warrants and
other w^rits may be served by the constables or policemen
of the town anywhere in Cook county. All fines shall be
paid to the treasurer of said board.
§ 13. It shall not be lawful to keep open on Sunday, in
the town of Lake Yiew, any saloon or other place where
liquors, ale or beer, shall be sold or given away within
twenty-hve rods distance from any cemetery, school house
or church without the written consent of the superintend-
ent of such cemetery, or the directors of the school district
where such school house is situated, or the trustees or ves-
trymen of such church, as the case may be, and every
violation of this section shall be punished by a fine of one
hundred (100) dollars, to be recovered before any court of
competent jurisdiction, and the license of the offender or
offenders shall cease, and be null and void from and after
any conviction for any such offense,
§ 14. The proviso to section three (3) of the act hereby
amended, and all parts of said act inconsistent with this
act, are hereby repealed.
§ 15. The ordinances heretofore passed by the board of
trustees are hereby declared valid, and shall remain in force
until amended or repealed by said board, and said board of
trustees may carry out the powers conferred on them by
resolution, order or ordinance; but neither this act nor the
act hereby amended shall in any way be construed as giving
power to impair the rights of tlie Lake Yiew avenue com-
pany or the powers and privileges granted, or to be granted,
to the said north park commissioners.
§ 16. This act shall be a public act, and all courts shall
take judicial notice thereof, and it shall take effect from and
after its passage.
Approved March 5, 1867.
In force March AN ACT
T, 186T.
i-effard to the Board of riihlic Works'of the City of Chicago.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That nothing
^p"evi'ous'acts?*^ Contained in any act of this general assembly heretofore
passed shall in any manner be construed so as to repeal
seetion sixteen of an act approved February 15, 1865,
BOOK CONCEEN.
entitled " an act to amend an act entitled an act to reduce
tlie charter of the city of Chicago and the several acts
amendatory thereof, into one act and to revise the same,
approved February 13th, 1863."
§ 2. Tiiis act shall be a public act, and take effect from
and after its passage.
Approved March 7, 1867.
161
AN ACT to incorporate the Western Methodist Book Concern of the in force Feb. 14
Methodist Episcopal Church. IS*'"-
Section 1. Be it enacted bij the People of the State of
Illinois, represented in the General Assembly, That Adam
Poe a!)d Luke Hitchcock, agents and trustees of the Wes-
tei-n Methodist Book Concern and their successors to be
chosen as hereinafter provided, be and they are hereby con-
stituted a body corporate and politic by the name of " The Name.
Western Methodist Book Concern," and by such name
shall have perpetual succession ; with power to contract, powers,
be contracted with, to sue and be sued, plead and be im-
pleaded ; to take and hold, by gift, grant, devise or other-
wise, any property, real, personal or mixed ; and the same
to manage, grant, convey, lease or otherwise dispose of;
and to execute such trust or trusts as may be contided to
said corporation for the promotion of the objects of this
incorporation.
§ 2. The objects of this corporation shall be the publi- objects.
cation, dift'usion and circulation of moral and religious
literature, books, periodicals and publications under the di-
rection and in conformity with the rules and regulations of
the general conference of the Methodist Episcopal Church
in the United States.
§ 3. The general conference of the Methodist Episcopal Appointments
Church in the United States shall elect or appoint succes- "f successors,
sors of the said Adam Poe and Luke Hitchcock at any
meeting of said conference and shall prescribe the term of their
ottice ; and should any person so elected or appointed die duties of.
or resign or be removed in the interval of said general
conference, such vacancy may be filled in such way as said
general conference shall prescribe ; and said Adam Poe
and Luke Hitchcock and their successor and successors in
office, shall hold their office, exercise the powers herein
conferred and conduct the business of said corporation and
manage the concerns and appropriate the funds thereof, in
conformity with such rules, regulations and directions as,
from time to time, may be prescribed by said general con-
ference.
162 bouin^daky lines. — bounty fund.
^trilst'el^? ^^""^ § 4- A failure to elect trustee or trustees at any time
shall not work a dissolution of this corporation.
Appkoved February li, 1867.
In force Feb. 28 AN ACT to explain an act therein named.
1S67.
Section 1. Be it enaoted hy the People of the State of
Illinois^ represented in the General Assembly^ That an act
^jw't^definin" °^ ^"^^^^^*^^ " '"^^ ^-^^ defining the southern boundary lines of
boundaries". Wayne and Edwards counties, and establishing- the boun-
dary line of Tazewell county," approved January 22, 1829,
shall be construed to mean that the south line of Edwards
county shall be ascertained by continuing a line due east
to the Wabash river from the south-east corner of section
thirteen, township three south, range nine east.
§ 2. This act to be in force from and after its passage.
Approved February 28. 1867.
In force March AN ACT to authorize the citizens of Orion township, in the county of Ful-
8,1867. ton and State of Illinois, to change the fund known as the Bounty Fund
to the School Fund of said town.
Preamble. Whekeas, by an act entitled "an act to enable the citi-
zens of Astoria and Orion townships, in Fulton county, to
levy and collect a special tax to pay bounty to volunteers,
substitutes and drafted men," approve I February 16, 1865,
the township of Orion has on hand an unexpended balance
from said fund and from individual contribution ; that it
is desired to change the said fund to the school fund of
said town : therefore.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
Moneys raised Jecral votcrs of the towuship of Oriou, in the county of
for bounty fund -r^», , ,• t^^• • ^ , ,^ ^ • .
transferred to 1< ultou and statc 01 Uiinois, at the annual town meeting m
school funds. ^pj,ii^ ^_ jj_ 13(3Y^ j^jj^y direct, by resolution, that any mon-
eys heretofore raised by tax or individual contribution to
pay bounties to volunteers, substitutes or drafted men, shall
be paid to the school treasurer of said town and be added to
and forever remain a part of the school fund of said town
of Orion, township seven (7) north, range live (5) east.
Payment of. § 2. If the Said fuud is so appropriated at said town
meeting, as provided in section one, it shall be the duty of
all persons having the custody of the aforesaid bounty fund
BRIDGES. 163
to pay over the same to the school treasurer on his demand
for the same and take his receipt for the same ; and upon suits therefor.
the refusal or failure of any person holding said fund to
pay over the same on demand of said school treasurer, it
shall be the duty of said treasurer to institute suit or suits
therefor in any court having jurisdiction thereof and ten interest adced.
per cent, per annum shall be added to the amount in such
custodian hands, to be calculated from the date of the
demand of said school fund treasurer until paid to said
school treasurer, and the court having jurisdiction in the
case shall so decree.
§ 3. It shall be the duty of the town clerk of the said ^eSleirn.
town of Orion, in putting up notices for the annual town
meeting in April, 186T,'to insert in said notices that the
electors of said town will be called upon to vote by resolu-
tion upon the question of changing the fund known as the
bounty fund to the school fund of said town ; and it
shall be the duty of the moderator of said town meeting to
cause proclamation to be made at the door of the house in
which said meeting is held that the subject of the change of
the bounty fund to school fund will be acted upon between
the hours of two and four o'clock, p. m,, of said day.
§ 4. This act shall be in force from and after its pas-
gage.
Approved March 8, 1867.
AX ACT to authorize and empower the Vincennes Draw Bridge Company in force Febru-
to acquire and hold real estate in this state, and to authorize said com- ary5, 1867.
pany to construct their bridge across the Wabash river.
Whereas, it is represented to this general assembly that Preamble,
the Yincennes Draw Bridge Company is a corporation duly
organized and existing under the laws of the state of Indi-
ana lor the purpose of erecting, owning and maintaining a
toll bridge across the "Wabash river from the city of Yin-
• cennes, in said state of Indiana, to a point opposite said
city of Yincennes, in the county of Lawrence, in this state;
and, whereas, it is further represented to this general assem-
bly, that the erection of said bridge will be very much to
the advantage and benefit of a portion of the citizens of this
state; therefore,
Section 1. Be it enacted hy the People of the State of
Illinois, rejpresented in the General Assembly, That the said ^°*f»ultat°.°'
Yincennes Draw Bridge Company, be and hereby is author-
ized and empowered to acquire and hold in this state by
purchase or otherwise, all real estate which may be neces-
sary for the purposes of said company, and said company.
164: BRIDGES.
is furthermore hereby authorized to construct, own and
maintain their said bridge across said Wabash river from
any point in Vincennes, Indiana, to any point in Lawrence
county, in this state, which the officers of said company may
select as the terminus of their said bridge in this state.
Writ of ad quod g 2. Beit further enacted, That in the event that the
damnum. ^ «^ ,. i V i. • j.i • i. i. i • i
owner or owners ot any real estate m this state, which may
be necessary for the purposes of said company, refuse to
dispose of the same, or the owner or owners and the officers
of said company are unable to agree upon the prices there-
of, said company may apply to the judge of the circuit
court of Lawrence county for a writ of ad quod damnnum^
which shall be issued, directed and proceeded in as herein-
after directed : Provided, that notice, in writing, of such
application be given the owner or owners of such real estate
for ten days' before said application is made, by personal
service, upon the owner or owners of said real estate, if
found in the county, and if not, then by fixing said notice
oh the court house door of the county.
^Icutiou"o'f wrft" § ^- The said writ shall be issued by the clerk of the
circuit court upon the order of said judge, and directed to
the sheriff of said county, commanding him to summons
tM^elve good and lawful men to meet upon the lands in
said writ named, on a day therein to be specified, and ten
days' notice of the execution of such writ shall be given by
the sheriff to the proprietors of such land, unless the party,
his, her or their agent, was present in court, or before the
judge when such writ was obtained.
Duties of jury. g 4. The jury so empanneled when met, shall be sworn
and charged by the sheriff, impartially and to the best of
their skill and judgment, to view the lands in said writ
described, and shall set apart, by metes and bounds, so
much land as they may think necessaiy for the purpose of
said company, having a due regard in such location to the
interests of all parties concerned, and shall apju-aise the
same at its true cash value, which inquisition shall be made
and signed by all the jurors and returned by the sheriff,
with the writ, to the clerk of said court, and at the next
term thereof judgment shall be rendered against said com-
pany for the value of said lands as assessed by the jury,,
and upon the payment of said sum, said company may take
possession of said lands and proceed M'ith the building of
their bridge.
§ 5. Be it further enacted, That this act sliall be in force
from and after its passage, and shall be a public act.
Appeoved February 5, 18G7.
BRIDGES. 165
AN ACT to legalize the Quincy Railroad Bridge Company, and to facili- In force Febru-
tate and encourage the construction of a railroad brid"-e over the Missis- ^^^ ^' ■^^*'"-
sippi river at Quincy.
Section 1. Be it enacted ly the People of the State of
Illinois, represented in the General Asembly, That the con- consolidation
solidation of the Quincy Bridge Company, organized under \^t{^lf ^'''^
the laws of the state of Missouri, and of the raih-oad bridge
company organized under the laws of this state for the con-
struction of a railroad bridge across the Mississippi river at
Quincy, made by and between said companies by their
articles of consolidation, bearing date the twentieth" day of
November, a. d. 1866, and filed and recorded in the office of
the secretary^of state of this state on the third day of Decem-
ber, A. D. 1866, and adopting for the said consolidated com-
pany the name and style of "The Quincy Kailroad Bridge
Company," be and the same is hereby legalized, ratified and
confirmed, and the said consolidated company, by the name
and style aforesaid, shall have, exercise and enjoy all the
rights, rowers, privileges and immunities which were granted
to the Railroad Bridge Company aforesaid, by the original
act incorporating the same, entitled " An act to incorporate
the Quincy Bridge Company," approved February 10, 1853,
and by the act renewing the same, approved February 15,
1865, and copies of the said articles of consolidation certi-
fied by the secretary of state, under his seal of office, shall
be evidence of the legal existence and organization of the
said consolidated company in all courts and places in this
state:
§ 2. That the said corporation shall have power to con- Business pow-
nect any bridge built under the provisions of the act afore- ^"•
said and of this act, by the necessary railroad tracks and
side tracks with any railroad now constructed or hereafter
to be constructed to the city of Quincy, and the second
section of an act approved February 15, 1865, entitled "An
act_ to revive an act entitled 'an act to incorporate the
Quincy Bridge Comjjany,' approved February 10, 1853," is
hereby repealed.
§ 3. That the part of the said railroad bridge which r»raw and span.
may be built over the Quincy bay so called, shall have a
dra^w over the main channel of said bay with a span for the
draw of not less than eighty feet in length, clear of the
abutments, and said draw shall be opened upon reasonable
signal for the passage of boats, whose construction shall not
be such as to admit of their passage under the permanent
spans of the bridge, except where trains are passing over
said bridge.
§ 4. This act shall be deeemed a public act, and shall
take etiect from and after its passage.
Approved February 6, 1867.
166
In force Febru- AN ACT to amend an act entitled an act to amend " An act to authorize
ary 12, 1867. ^ company to build a bridge across the Illinois river at the City of Henry,
and to amend an act entitled ' an act to authorize a company to build a
bridge across the Illinois river at the City of Henry.' "
Section 1. Be it enacted by the People of the State of
HUnois, represented in the General AssemUy, That the first
Act approved gection of the act to amend "An act to authorize a company
i86i| amended, to biiild a bridge across the Illinois river at the city of
Henry," approved February 22, 1861, be so amended that
the time for building and completing said bridge be extended
until the tenth day of January, A. d. 1873,
Section 7 of act | 2. That the seventh section of the act to authorize a
i7,^i857?1imen- company to build a bridge across the Illinois river at the
^^^' city of Henry, approved February 17, 1857, be so amended
that the said city of Henry shall be authorized to subscribe
to the capital stock of said bridge company any further sum
not exceeding thirty thousand dollars, or may loan the credit
of said city to said company for the same sum in the man-
ner, and according to the conditions provided in the said
seventh section.
Proviso of sec- § 3. That the proviso of the eighth section of the said
tion 8 amended ^^^ ^^ ^^ amended that the amount of stock to be taken by
any one town shall not exceed twenty thousand dollars.
Act approved | 4.. That the said act approved February 17, 1857, as
i857™mende'd. amended, be revived and continued in force until the tenth
day of January, 1873.
I 5. This act shall take effect and be in force from and
after its passage.
Approved February 12, 1867.
In force Feb. 13, AN ACT to incorporate the I'ike and Scott County Bridge Company.
18G7.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That Benja-
Term. min D. Brown, James McWilliams, Joseph M. Bnsh, Ozias
M. Hatch, Alexander Starne, William Tunbull, ThoVias
"W. Ilollowbush, and William A. Grimshaw, their asso-
ciates, heirs, successors, and assigns, be and the same are
hereby created a body corporate, for the term of fifty years,
from and after the passage of this act, by the name of "The
Name. Pike and Scott County Bridge Company," with power to
build, maintain and use for railroad purposes, a bridge
across the Illinois river, at some point between the town of
Naples, in said Scott county, and Philip's Ferry, in said
Location of Pike county, Illinois, or within one mile of said Naples or
bridge. JT 1 r
BRIDGES. 167
Philips' Ferry, in such a manner as not to materially ob-
struct or interfere with the free navigation of said river, and
to connect such bridge by railroad or otherwise, with any connections.
railroad constructed, or hereafter to be constructed in or
through said Pike or Scott county ; and to contract with
any corporation, company or individual for the construe- construction of.
tion, maintenance or operation of said bridge; and to estab-
lish rules and regulations for the government, management
and use thereof; to unite and consolidate its franchises and Railroad eonsoi-
. , ' 1 11 •! 1 • • 1 (> idations and
property with any and all railroad companies in the state ot connections.
Illinois ; to fix the a^nount of its capital stock ; to divide, ers'."^^^ ^°^"
transfer and increase the same ; to borrow money and mort-
gage or pledge its property and franchises ; to condemn •
property, according to law, for the use and purposes neces-
sary in the construction and maintenance of said bridge ; to
contract, bargain and agree with any such raih-oad compa-
nies for aid in the construction and maintenance of suck
bridge, and to sell or lease the same, or the use thereof, or
the franchises of said company, to any person, company or
corporation.
§ 2. This act to take effect and be in force from and
after its passage.
Appeoved February 13, 1867.
AN ACT to amend an act entitled "An act to incorporate the Alexander In force Fob. 15,
and Pulaski Plank Road and Bridge Company," approved Feb. 21, 1863. 1867.
Section 1. Be it enaoted hy the People of the State of
Illinois^ represented in the General Assembly^ That the correction of
word " three," in the twelfth section of the said act be ^"^^ '^°"°''-
stricken out, and the word ''fifty" be inserted in lieu there-
of; that section thirteen of said act be repealed, and that section is re-
said "Alexander and Pulaski County Plank Pvoad and p^'^'^-^-
Bridge Company" shall have power to construct and main- Power to con-
tain such branches in Alexander and Pulaski counties as ma'i'Dtain^"'^
the board of directors may deem expedient. branches.
§ 2. This act to be in force from and after its passage.
Appeoved February 15, 1867.
168
In force Ff-bm- AN ACT to incorporate the Illinois and St. Louis Bridge Company,
ary '21, 1867.
Section 1. -Be it enacted by the People of the State of
llliixois^Teiwesentedin the General Assemhly, That Joseph
Gillesi)ie, John M. Pahiier, Jesse K. Dubois, Wihiam Shej)-
ard, John WiUiunis, WilHani R. Morrison, L. A. Parks,
Levi Davis, T. B. Blackstone, U. C. Moore, Peter H. Wil-
lard, K. P. Tansey, Gustavus A. Koerner, C. P. Heaton, L.
B. Boomer, Fred. T. Kraft, L. B. Parsons, Jehu Baker,
A, H. Lee, and tlieir associates, successors and assigns be
and are hereby created a body corporate and ])ohtic, under
Corporate name, the name and stvle of " The IlKnois and St. Louis Bridge
and powers.
. J.X. XJ<^0, CliJVi l.il'-ix ^.^<^^^ , ^ ^-.^.^..^ .^v
id are hereby created a body corporate and ])ohtic, undei
e name and style of " The IlKnois and St. Louis Bridge
Company," for the purpose of constructing and maintain-
ing a toll bridge, from any point or place on the Mississippi
river, opposite to the city of St. Louis, to the western line
of this state, with suitable approaches to such bridge, and
all convenient appendages and strnctures for the same.
The said company shall have the power to make and use
a common seal, and the same to alter and renew at pleasure,
and such other powers, rights, privileges and immunities as
may be necessary or useful for the purposes of this act:
Provided^ that there shall be at least fifty thousand dollars
expended during the year lb67, in the construction of said
bridge.
capitaHtock. § 2. The Capital stock of the Said compauy shall be oue
million of dollars, and be divided into shares of one iiun-
dred dollars each, and it may be increased from time to
time, as a majority of the stockholders may direct, and shall
be issued and transferred in such manner,- and under such
conditions as the directors of the said com[)any shall, by
the by-laws thereof prescribe.
.\umi)er and § 3. The Corporate powers of the said.company shall be
ofditec^tors?"^ vcstod ill and exercised by a board of directors, consisting
of such number of persons, not less than three nor more
than thirteen, as the stockholders of the said company may
from time to time direct. The said directors shall be cho-
sen by the stockholders, at such time and place as may be
fixed by the by-laws of the said company, and shall hold
their offices f<»r one year, and until their successors are
elected and qualified. They shall elect one of their num-
ber president of the said company, and may fill fjuy vacancy
in the said board, occasioned by death, resignation or other-
wise, for the unexpired portion of the term of office so be-
Vacancy. coming vacaut, and may make such rules, by-laws and reg-
ulations, and appoint such officers and servants, as they
may from time to time deem expedient : Provided, that
at least one-half of the directors shall be residents of the
state of Blinois.
Books of Bub- § 4. The persons named in the first section of this act,
scription. ^rc hereby appointed commissioners, who, or a majority of
BRIDGES.
169
Meeting of
kholders.
them, are a«borized to open, or cause to be opened, sub-
scription books for the stock of the said company, at such
time and place, within or without this state, as they may think
proper ; and when three liundred thousand dollars shall be
subscribed, the said commissioners, or any three of them,
may call a meeting of the stockholders, by giymg ten days X!
notice in some newspaper published in St. Louis, or personal
notice to each of the stockholders of the time and place of
such meeting, and at the same the stockholders may elect
directors aiid transact any other business. Stockholders
meetings may be held without as well as within this state.
§ 5^ The said corporation may transport on said Tj^^^°^P°'^^^t'°"^
bridge and itpproaches thereto, persons and property, by
steam or otherwise, and may allow others so to do ; and
said bridge and approaches may be used for every descrip-
tion of travel, passage and transportation, under such rules
and regulations, and for such tolls as the directors of
said corporation may prescribe. The said corporation may
take, receive and collect such tolls for travel, passage or
transportation over said bridge and approaches, or either of
them, or any part of either of them, as its directoi-s may
from time to time lix and establish : Provided, the rates
charged for ordinary travel shall never exceed the follow- ^^tes of toil.
ing,'to-wit : For each foot passenger over five years of age,
five cents ; for every person on horseback, twenty cents ;
for every gig, buggy, or other traveling carriage, drawn by
one animal, forty cents ; for every cart or wagon drawn by
one animal, forty cents ; for every cart or wagon drawn by
two animals, sixty cents ; for every cart or wagon drawn
by three animals, eighty cents ; for every cart or wagon
drawn by four animals, one hundred cents ; for every cart
or wagon drawn by more than four animals, ten cents extra
for each animal ; for every hundred pounds of freight over
two thousand pounds, five cents ; for every pleasure car-
riage drawn by two animals, sixty cents ; for every pleasure
carriage drawn by three or four or more animals, one hun-
dred cents ; for each head of cattle, horses, mules, or other
animals, ten cents; for each head of sheep or swine, five
cents.
§ 6. The said corporation shall have power to acquire Title to lands,
title to lands, necessary for the construction of said bridge
and approaches, and the same power to take materials from
lands in the vicinity for the construction and maintenance
thereof, and for such purposes shall have and may exercise
all the powers conferred by any of the laws of this state for
acquiring right of way for railroads, public roads or other
public uses, under which the said corporation may take
and acquire property heretofore taken or acquired for such
uses, as well as other property. The said corporation shall
have the exclusive right for twenty-five years of construct-
ing a bridge opposite to the said city of St. Louis, (in the
Vol. 1—12
170 BRIDGES.
county of St. Clair,) over as much of said riv^ as is within
the jurisdiction of this state, and shall also have the riojht to
protect the banks of the same, so far as may be necessary to
keep the channel within the opening of the bridge, and for
that purpose may take and acquire lands and materials in
the manner aforesaid : Provided, if the bridge herein au-
thorized is not commenced in two years, and completed in
five years, this act shall be null and void.
Subscription to § 7. Any railroad company, town, city or connty shall
stock. \\^wQ power to take and subscribe for, and to purchase and
hold stock of said bridge company, and may make such
contracts, and execute such securities or other instruments
as said railroad companies, towns, cities and counties may
respectively deem expedient, relative to such subscription or
purchase or to the construction or uses of said bridge.
Consolidation of § 8. The Said corporation may consolidate its property
property, etc. ^j-^^j fi-ancliises witli the property and franchises of any
bridge company, authorized by the laws of Missouri to con-
struct a bridge so as to connect with the one herein author-
ized, and for that purpose the said corporation may make
and execute all such agreements as it may deem expedient,
and after such consolidation, the corporation created thereby
shall have all the powers herein granted.
Borrowing of § 9. The Said corporation may borrow money at any
"'°"®^' rate of interest, and issue its bonds or other evidences of
indebtedness, bearing such rate of interest and payable at
such time or times, and at such place or places as its direc-
tors may think proper, and may secure such bonds or other
Indebtedness.: indebtedness by mortgage or deed of trust of the property,
tolls and franchises, in such manner as said directors
may think fit, and may sell such bonds or other evidence of
indebtedness at any rate of discount agreed upon by said
directors.
§ 10. This act shall be deemed a public one, and shall
take eft'ect from and after its passage.
Appkoved February 21, 1867.
l^fora^Ych.ll. ^jj ^q^ ^^ authorize certain towns in the counties of Will, Kankakee and
Grundy to vote for or against a tax for building and repairing the bridge
across the Kankakee river, at Wilmington, in Will county.
Preamble. Whereas, a large portion of the people of the counties
of Will, Kankakee and Grundy are interested in the use of
the wagon bridge across the Kankakee river, at Wilming-
ton, in said Will county ; and, whereas, the expense of
building and keeping the same in repair is more than should
be borne by the said town of Wilmington ; therefore.
Section 1. Be it enacted hy the Feople of the State of
Illinois, represented in the General Assembly, That the
legal voters of any town or towns of the said counties of
BRIDGES. 171
A
Will, Kankakee and Grundy are hereby authorized, at any '^^sai voters to
town meeting, or special town meeeting hereafter to be against tax tor
held in said town or towns, to vote for or against a tax for " ^^'
rebuilding or repairing the bridge across the Kankakee
river, at Wilmington, aforesaid ; notice of said vote to be
given by the respective town clerks of said towns, in the
same manner provided by law for calling the annual town
meetings.
§ 2. Said vote shall be taken by ballot, upon which ^°[f^/''^^" ^^
shall be written or printed, "for the bridge tax," or "against
the bridge tax."
§ 3. If a majority of said votes shall be cast " for the Amount of tax
bridge tax," then it shall be the duty of the supervisor of ed!'\nd°1iow'^'
any town voting for such tax, by conferring with the com- collected.
mon council of the city of Wilmington, to ascertain the amount
of tax required of such town for the purpose' aforesaid, and
the amount thus ascertained shall be certified by him, to the
county clerk of the county in which said town is situated,
who shall cause the same to be assessed upon all of the tax-
able property of said town, to be collected as other town
taxes,
§ 4. The amount of tax thus collected shall be paid into To be paid into
the city treasury of the city of Wilmington, to be used in city o7wi'i-^°^
building, finishing or repairing said bridge, and shall ex- ™»°s^o'i-
empt said town from the payment of tolls for crossing said
bridge.
§ 5. This act shall take effect and be in force from and
after its passage.
Approved February 21, 1867.
AN ACT to incorporate the Lacon Bridge Company. ^^ ^2l°186T^^'^
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General AssefnUy, That Doric corporators.
G. Warner, John M. Shields, George F. Wiehtman, D.
Erastus Thomas, William J. Fort, Spencer Ellsworth,
Alonzo Roberts, Joseph B. Chandler, John Burns, Jacob
S. Moliler, William Fairbanks, James St. C. Boal, and
Washington E. Cook, and all such persons as shall here-
after become stockholders in the company hereby incorpo-
rated, and their successors and assigns are hereby created a
body politic and corporate, with perpetual succession, under
the name and style of the " Lacon Bridge Company," for ^'*™«-
the purpose of erecting and maintaining a bridge across the
Illinois river at the city of Lacon, county of Marshall, and Purposes.
by that name and style are hereby made as capable in law
as natural persons, to contract and be contracted with, sue Powers.
172 BRIDCxES.
and be sued, plead and be impleaded in all courts of law
and equity, to make and use a common seal, and to alter or
amencl the same at pleasure, and generally to do and exe-
cute all acts, matters and things which a body politic or
corporate, or an individual may lawfully do, and the said
company shall in law be capable of purchasing, holding
and conveying any estate, real or personal that may )>e
necessary to enable said company to accomplish the objects
of this incorporation as above expressed, and the stock of
said company shall be deemed personal property, and may
be subscribed for, issued and transferred, as the directors of
said company may by their by-laws prescribe.
Capital stock. g 2. The Capital stock of said company shall be one
hundred thousand dollars, but may be increased by resolu-
tion of the directors of said company to the sum of one
hundred and fifty thousand dollars, should they deem such
increase necessary for the purposes of this law, and said
capital stock shall be divided into shares of one hundred
dollars each.
Names of com- § 3. That Said DoHc "Warner, John M. Shields, George
missioners. ^^ Wightmau, D. Erastus Thomas, William J. P'ort, Spen-
cer Ellsworth, Alonzo Roberts, Joseph B. Chandler, John
Burns, Jacob Mohler, William Fairbanks, James St. C
Boal, and Washington E. Cook, are hereby appointed com-
missioners to open books for the subscription to the capital
stock of said company, at such times and places as they
may deem proper.
City council § 4, Tlic city council of the city of Lacon shall have
t^cIpTta^u*tock power, and is hereby authorized to subscribe to the capital
stock of said company any sum not exceeding twenty-five
thousand dollars: Fromded^ that a majority of all persons
who are legal voters in said city and who have paid a city
tax exceeding two dollars in each of the two preceding
years, shall vote for said subscription at an election to be
called for that purpose, by the said council upon a notice of
at least twenty days, which election, subscription for stock,
issued form and delivery of bonds, be conducted and carried
out as provided by general law for subscription to railroad
companies: And promded further^ that said subscriptions
shall be in nowise binding, or any bonds issued or delivered
to said bridge company or other person, or any sum paid
by said city, until said bridge is completed and open to the
])ublic use, upon payment of the toll hereinafter provided,
^di'rec'tw'^'^* ^^ § 5. Whenever" fifty thousand dollars shall have been
subscribed, the said commissioners may call a meeting ot*
the stockholders at Lacon, aforesaid, by posting up written
notices of the time and place of holding such' meeting in
three or more public places in Lacon aforesaid, at least
twenty days before the time of such meeting for the purpose
of choosing five directors of said company.
BRIDGES. 173
§ 6. At the time and place so appointed for sucli meet- ^e°to°" °^ ^^'
ing, said commissioners, or a majority of them, shall act as
inspectors of said election, and the stockholders shall elect
five persons as directors of said company, for one year, and
until their successors be chosen; said inspectors, or a major-
ity of them, shall certify under their hands, the resnlt of
said election, which certificate shall be recorded in the
record book of said company, and shall be sufficient evidence
in all places of such election therein named. At the afore-
said and all other elections for directors the voting shall be
by ballot, and the result shall be determined by a plurality
of votes cast, and each stockholder shall be entitled to one
vote for each share of stock he or she may own at the time,
which vote may be cast by the voter in person or by duly
authorized proxy, and none but shareholders shall be eli-
gible as directors. An election for five directors shall be
held annually after the first election, on the first Monday of
January, AH vacancies occurring among the directors
during any current year shall be tilled by appointment by
the other directors, or a majority of them. If an election
should not be held at the time above specified, in that be-
half, such election shall be held at any subsequent time
under the by-laws of the company ; immediately after said
first election said commissioners shall deUver to the directors
the subscription books and all money received by them.
§ 7. The directors shall choose one of their number President,
president, and they shall have power to appoint a secretary
and treasurer, and such other officers, agents and servants
as may be necessary, and to prescribe all necessary by-laws,
rules and regulations for the government of said company
and the carrying out of the purposes of this act.
S 8. Said brido-e company are hereby authorized and Authority and
1^1-11 i,_ i_ ^ • J. • i-j powers of com-
einpowered to build, erect, construct and maintain a bridge pauy.
across the Illinois river, at Lacon, aforesaid, for the trans-
portation of persons, of wagons, carriages and other vehicles,
horses, cattle and other animals under the restrictions here-
inafter provided, and shall have, forever, the right to toll the
same not exceeding the rates herein specified.
^ 0. Said company shajl commence the building said Time of buiid-
bridge within two years, and complete the same within five
years from the passage of this act, and shall locate the said
l3ridge at and upon such place or point across the Illinois
river aforesaid, as the directors of the company shall deem
most eligible in that behalf, within the corporate limits of
said city of Lacon, and said company is authorized and em-
powered to obtain the right of way at and from either or both ^'sht of way.
ends of said bridge to any public road or roads necessary for
the use of said bridge either by purchase or in manner pre-
scribed by law for obtaining the right of way for public
roads, canals, railroads or other public works, and to acquire
174:
Toll-gates and
houses.
Repairs, etc.
Obstruction of
navigation.
Lights.
Exclusive privi-
lege for twenty
years.
Penalties for
obstruction.
Penalties for in-
jury, etc.
BKIDGES.
by grant or purchase of any private roads or bridp^es that
may now lead to either end of said bridge.
§ 10. Said company is hereby authorized and empow-
ered to phice a toll-gate and toll-house at either end or both
ends of said bridge, and to demand and receive for passing
over the same, or any part thereof, not exceeding the fullow-
rates, viz: For each twohorse wagon, carriage or other
vehicle drawn by two animals, twenty-five cents, and for
every additional animal attached thereto, ten cents; for each
one-horse wagon, carriage or other vehicle drawn by one
animal, twenty cents; tor each horse or other animal and
ridei-, ten cents; for each head of horses, mules, asses, or
cattle not driven in a team or teams, five cents each ; and
for each head of swine or sheep, three cents; and for each
person, man, woman or child on foot, five cents: Provided^
said company may double the above rates of toll after ten
o'clock in the evening, and before daylight in the morning.
§ 11. Said company shall at all times, after the comple-
tion of said bridge, keep the same in good order and repair,
with a safe and convenient passage to and from the same,
unless the same shall be carried away or materially injured
by high water or other casualty, and then the same shall be
as speedily rebuilt or repaired as the finances of said com-
pany will permit.
§ 12. The said company shall build such bridge in such
a manner that it shall not niaterially obstruct navigation on
the Illinois river; and it shall be constructed with a conve-
nient draw, at least one hundred feet wide, for the passage
of steamboats and other vessels; and shall keep good and
sufficient lights on each side of said draw, at all proper times;
and shall also keep some suitable person or persons at the
said bridge, who shall open said draw when it may be
necessary for the passage of any steamboat or other vessel
passing uj) or down said river, free from expense to the
owner thereof.
§ 13. No other wagon bridge shall be built across said
river within one mile above or below the city of Lacon, for
twenty years from the completion of the bridge herein
authorized to be built : Provided, that said company shall
comply with the provisions of this act in relation to the
erection and keeping in repair of the bridge herein pro-
vided for.
§ 14. The said bridge shall be deemed a public high-
way, within the meaning of the laws providing for the
punishment of persons injuring, obstructing or destroying
public highways or bridges in any manner.
g 15. If any person shall willfully or negligently do, or
cause to be done, any injury to said bridge, such person or
persons so ofiending shall be liable to pay to said company
not less than thrice the amount of such injury, to be recov-
BRIDGES. 175
ered by said corporation, with costs of suit in an action of
trespass, in any court having competent jurisdiction thereof.
§ 16. Any person passing over said bridge or any part Bridge reguia-
thereof, and refusing to pay toll, or passing over the same *'°°^' ^^'''
or any part thereof, with any beast or animals at a pace
faster than a walk, and any person violating any of the regu-
lations of said company posted, as hereinafter provided,
shall forfeit and pay to said company ten dollars for each
offense, to be recovered by an action of debt before any
justice of the peace or other officer having jurisdiction
therein : Provided, said company shall have posted up in
some conspicuous place at each end of the bridge, printed or
painted in large letters, said regulations, and a notice for-
bidding the crossing of said bridge faster than a walk.
§ 17. Said company shall have power to borrow money indebtedness,
not exceeding one-half of the amount of their capital stock,
for the purpose of building said bridge or keeping the same
in repair, at any rate of interest not exceeding ten per cent,
that may be agreed on between .the parties, and may
mortgage said bridge and its tolls for that purpose and for
no other.
§ IS. It shall be lawful for the directors to make calls cans for su^i>
upon the sums subscribed to said capital stock at such times eiock.
and in such amounts as they shall deem fit, not exceeding
the rate of twenty-five per cent, per month, giving at least
twenty days' notice of each of said calls, by posting up at
least five notices in public places in the vicinity of said
bridge, or by publication in some newspaper published in
the county of Marshall, and in case of failure of any stock-
holder to make payment of any such call for sixty days after
the same shall have become due, the directors are hereby
authorized to declare said stock, so in arrears, and all sums
paid thereon forfeited to the company, or said directors
may enforce the payment of the whole amount subscribed
by said stockholder according to law.
§ 19. The right is hereby given to the said company to Embankments,
build and maintain proper approaches and embankments at ^pp"""**^^®^'
each end of such bridge, and to build and maintain a road
from the west end thereof to or towards the town of Spar-
land, in the county of Marshall.
§ 20. The further right is given to the said company to ^errv boat
carry passengers, goods and chattels across the said river, at ^^ "" ^^^'
Lacofl, aforesaid upon a ferry boat or boats, whenever, from
any cause such bridge may become impassable, or when it
may be necessary to repair or rebuild the same, and for so.
carrying such passengers, goods and chattels the said com-
pany may demand and receive the same tolls which may by
law be payable for passing over such bridge.
§ 21. The said company is further empowered to take, ®j[^*' to^trre^
by gift, grant or devise, and to hold, use and enjoy, all or ceiVed.
any part or parts of the rights, franchises and other real,
176 BRIDGES.
personal and mixed property, following, that is to say, the
franchises granted by the general assembly of this state to
Previous per- William Fisher, Jabez Fisher and isathaniel G. Chapin,
iesfetc!*'"'^'' their heirs and assigns, by an act entitled " An act to estab-
lish a ferry across the Illinois river at the town of Lacon,
in the county of Marshall," approved February 12, 1819.
The franchise granted by the said general assembly to Silas
Ramsey, his heirs and assigns, by an act entitled " An act
to establish a ferry across the Illinois river at the city of
Lacon," approved February 15, 1855, any other right or
rights, franchise or franchises for a ferry or ferries across
the said river at Lacon, aforesaid, all the rights, privileges,
lands, roads, road franchises, embankments, bridges, cul-
verts, boats, cables, rigging, tackle and other real or personal
and mixed property, unto the said franchises, or any or
either of them, in any manner appertaining; and all the
real estate mentioned and described in a certain deed of
conveyance made by Jabez Fisher and Nathaniel G. Chapin
and their respective wives, to William Fisher, dated March
19, 1857, and recorded in the recorder's office of the said
county of Marshall, in book Y, page 334, and following
pages, as well the lands reserved as those conveyed by the
said deed, and the said company is also empowered to i^rant,
bargain, sell, convey, demise, lease or otherwise dispose of
•all, or any part or parts of the rights, franchises and other
real, personal and mixed property above in this section,
either particularly or generally, mentioned, in such }nan-
ner and upon such terms as such board of directors may
appoint.
Authority of | 22. The legal authorities of the city of Lacon, or of
chlse bridle's^ the county of Marshall, shall have the right, at any time, to
^*°' purchase the bridge which ma}- l)e erected under this act.
Valuation. at a fair valuation, to be determined by three disinterested
persons: one to be chosen by said bridge company, one
by said city or county, as the case may be, and the tliird be
selected by the two so chosen ; and in case they can not
Commissioners agree upou a clioicc, the circuit court of said county shall
of purchase, ggjggf. .^ |.|^jj.^^ person, Ftovided^ hmoever, said city or county,
as the case may be, shall reimburse said bridge company
lor all money laid out and expended for the purchase and
improvement of all ferry franchises, roads, embankments,
real estate and other bridges, property appertaining thereto.
§ 23. This act shall be deemed a public law, an(4 take
eft'ect from and after its passage.
. ArPROVED February 21, 1867.
BRIDGES. 177
AN ACT for the construction of a bridge across Fox river at Ottawa. In f'^rce Feb.
23, 1867.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assemhly^ That John
Hise and Jackson R. Shaver, of tlie town of Rutland, and
Thadfieus Hampton, Henry L. Brush, of the town of
Ottawa, and Charles H. Force, of the town of South
Ottawa, be, and thev hereby are appointed commissioners commissioners'
' ' . , " •' . ri duties and au-
to erect a bridfye across r ox river, at such place as they may thority.
select, between Lyman's Mound and River street, in Ottawa
Centre, in the city of Ottawa, and to cause the amount
necessary to be expended therefor to be raised by taxation,
as hereinafter mentioned, in one or two years, as said com-
missioners may deem most expedient,
§ 2. Said commissioners, or a majority of them, shall
cause this act to be published in one of the newspapers
printed in the city of Ottawa, and shall thereafter cause publication of
notice to be given by publication in two newspapers printed ^^^l^^ to^detl?-
in said city, for four weeks successively, of a time when a mine the buiid-
. T ■ .• 1 11 1 1 1 1 . .I 11 /• mg of bridge.
special tjwn meeting shall be held, at the usual places ot etc.
holding such elections, in the towns of Rutland and Ottawa,
to determine whether said bridge shall be built. At said
meetings the election shall be by ballot ; on each of which
shall be written or printed the words "for the bridge" or
" against the bridge," and if the aggregate majority of all
the votes cast in both towns, shall at any election be " for
the bridge," the same shall be constructed by said commis-
sioners, or a majority of them. In case of a failure to obtain
such majority for the bridge, said election may be repeated
in the same manner on two future occasions, not less than
six months apart.
§ 3. Whenever the majority shall be for the bridge, as
mentioned in the last section, said commissioners, or a ma-
jority of them, shall adopt a plan for said bridge, and esti- ^^^° °^ '"■''^°®*
mate the probable cost of the same, with its embankments,
and make report to the board of supervisors of said county
of the sura deemed by said commissioners necessary to con-
struct the said bridge and embankments, and the year or
years in which it shall be levied ; and said board of super-
visors shall cause said sum to be levied and collected by costs to be lev.
• X- 11 ^1 ^ 1 • i. i. i. .• • • 1 i. led by taxation
taxation of all the property subject to taxation in said towns
of Ottawa and Rutland, in the same manner that town taxes
are now levied and collected by law, and the amount shall
be paid by said collectors to said commissioners, and be ex-
pended by said commissioners, or a majority of them, in
the construction of said bridge and embankments. In case ^^
there shall happen to be a deficiency in the amount, said fundrroj con-
deficiency shall be reported by said commissioners, or a ma-
jority of them, to said board of supervisors, and the same
'shall be levied and collected and expended as aforesaid ; and
struction.
178 BRIDGES.
Accounfabiiity said Commissioners, or a majority of tliera, shall, wiien said
o^Mmmission- j^j,^^^^.^ g|^gj| j-^^^^g l^^^j^ Completed, make report to the town
clerks of both said towns of the manner in which they have
discharged their duty under this act, with an account of
their receipts and expenditures.
§ 4. Said bridge and embankments, when completed,
Repairs. sluiU be maintained and kept in repair by the commission-
ers of highways of the towns of Ottawa and Ruth.nd ; and
said commissioners of highways shall together constitute a
joint board therefor. The ordinary road tax, however,
shall be expended in the proportion of one-third by Rut-
land and two-thirds by Ottawa ; and in case the amount
needed to repair or rebuild said bridge and embankments,
shall be more than can be raised by said ordinary road
taxes, the amount may be reported by the board of com-
missioners mentioned in this section, to said board of su])er-
visors, and be levied and collected by said board as hereto-
fore mentioned, and be paid to and expended by the board
of commissioners in this section mentioned, as the sum
raised to construct the bridge was by the first named com-
missioners.
Vacancy. § 5. In casc a vacancy [shall happen] by death or re-
moval from the county ot any one or more of the com-
missioners named in section one, the remaining members
may fill the same by appointment.
§ 6, This act shall take eti'ect and be in force from and
after its passage.
Approved February 23, 186T.
In force Api'il AN ACT to amend an act entitled "An act legalizing the sale of the
25, 1867. bridges, property, franchises, etc., of the Rock Island and Camden Plank
Road Company to the City of Rock Island."
Sectioist 1. Be it enacted hy the People of the /State of
Illinois^ represented in the General Assembly. That the city
of Kock Island shall have power to build and maintain a
"Macadamized macadamizcd road instead of a plank road on the line and
within the limits authorized by the charter of the Eock
Island and Camden Plankroad Company.
Disposition of § 2. That Said city of Kock Island may, by ordinance
tolls. or resolution, set apart the tolls arising from such road or
bridges and cause the same to be kept as a special fund to
be appropriated exclusively to the payment of the interest
upon the debt of said city incurred for the purchase of said
bridges and corporate rights, and the ultimate payment of
said debt, and the payment of the current expenses of sup-
porting and keeping said bridges and road in repair, and
the expense of constructing said road.
Approved February 25, 1867.
BRIDGE 8. 179
AN ACT to incorporate the Pike County Bridge Company. In force March
1,1867.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly^ That Ciiaun-
cey L, Hio-bee, Scott Wike, Benjamin D. Brown, Murray
McConnell, Alexander Starne, George Wike and Ozias
M. Hatch, their associates, successors, heirs and assigi;ns, be
and the same are hereby created a body corporate, by the
name of " The Pike County Bridge Company," with power Name.
to build, maintain and use, for railroad and other purposes,
and as a public highway, a bridge over the Mississippi river, Location.
or that portion within the jurisdiction of Illinois, within
and opposite to the county of Pike, near to or at the town
of Douglasville, in the state of Illinois, in such manner as
shall not materially obstruct or interfere with the free navi-
gation of said river, and to connect such bridge, by railroad Po-wersandpriT-
or otherwise, with any railroad or public road, either in the ^^^^*
state of Illinois or the state of Missouri terminating at or
near the town of Douglasville, or at or near to the city of
Hannibal, in the state of Missouri ; and to contract with
any corporation or municipal authorities in either of the
states of Illinois or Missouri for the construction and main-
tenance of said bridge, and to establish rules and regula-
tions for the government, management, and use thereof; to
unite and consolidate its franchises and property with any
and all bridge and railroad companies in either of said
states ; to iix the capital stock ; to divide, transfer, and in-
crease the same ; to borrow money, and pledge or mortgage
its property and franchises ; to condemn, according to law,
right of way, property, and stone and earth for the uses
and purposes of said company ; to contract, bargain and
agree with any such railroad companies for aid in the con- .
struction and maintenance of said bridge ; and to sell or
lease the same, or the use thereof, or the franchises of said
company, to any company or corporation ; and said cor-
poration hereby created, shall have power to sue and be
sued, plead and be impleaded, answer and be answered
unto, in their corporate name, in all courts and places ; to
have a common seal, and change the same at pleasure ; and
they shall have the exclusive right to do and perform all the
acts hereinbefore enumerated.
§ 2. The company hereby incorporated shall have per- ^^^P^on*^
petual succession : Provided^ that said company shall com- proviso.
mence work within seven years and finish within twelve
years after the passage of this act.
§ 3, This act shall be deemed a public act, and be in
force from and after its passage.
Approved March 1, 1867.
sue-
180
AN ACT to authorize certain towns therein named, in Bureau county, to
raise money to Ijuild a bricljre across Green river.
Towns named.
Purpose.
Section 1. Be it enacted by the People of the State of
lllinou^ represented in the General Assembly^ Tliat the
towns of Fairfield, Mineral and Concord, in Bureau county,
be and are hereby authorized and empowered to raise
money in the manner now provided by law to raise money
for road purposes, for the purpose of building a bridge and
constructing a pike across Green river and its marshes in
the town of Gold, in said county, and keep the same in re-
pair.
§ 2. This shall be deemed a public act, and shall be
be in ibrce from and after its passage.
Appkoved February 28, 1867.
In force March
6, 1867.
Corporators.
Name.
P c
Capital stock.
Stock subscrip-
tion.
AX ACT to incorporate the Alton and St. Charles county Bridge Company.
Section 1. Be it enacted by the People of the /State of
Illinois, rejyresented in the General Assembly, That II. C.
Moore, David Gillespie, Leon Davis, John J. Mitchell, H,
S. Baker, M. G. Atwood, H. W. Billings, Z. B. Job, and
William Sheppard, their associates and successor, are hereby
constituted a body corporate and politic by the name of the
" Alton and St. Charles county Bridge Company," for the
purpose of constructing and maintaining a toll bridge from
any point in Madison county, State of Illinois, to any point
or j)lace on the Mississippi river opposite thereunto in Mis-
souri ; with suitable approaches to said bridge and all con-
venient appendages and structures for the same. Tlie said
company shall have power to make and use a common seal,
and the same to alter and amend at pleasure ; and such
other powers, rights, privileges and immunities as may be
necessary or useful for the ])urposes of this act.
§ 2. T^Jie capital stock of the said company shall be one
million dollars and be divided into shares of one hundred
dolUirs each and it may be increased, from time to time, as
a majority of the stockholders may direct.
§ 3. The persons named iji the first section of this act
are hereby a])pointed commissioners, who, or a majority of
thera, are authorized to open, or cause to be opened subscrip-
tion books for the said company, at such times and places with-
in the state as they may think proper ; and when three
hundred thousand dollars shall be subscribed the said
commissioners, or any three of them, may call a meeting of
the stockholders by giving ten days' notice in some newspa-
BRIDGES. 181
per published in St. Louis or Alton and at the same [raeet-
inc^] the stockholders may elect directors and transact any
other business.
§ 4:. The corporate powers of the said company shall be Directors,
vested in and exercised by a board of five directors, who
shall be chosen by the stockholders at such time and place
as shall be lixed by the bydaws of said company and shall
hold their office for one year and until their successors shall
be elected and qualified. They shall elect one of their President,
number president of said company and may appoint other
necessary officers and agents.
§ 5. The said corporation may transport on said bridge Business and
and approaches thereto, persons and property by steam or <>perations.
otherwise and may allow others so to do ; and said bridge
and approaches may be used for every description of travel,
passage and transportation, under such rules and regula-
tions and for such tolls as tlie directors thereof may
prescribe, not to exceed those charged by the bridge char-
ters at JKast St. Louis. The said corporation may take, re-
ceive and collect such tolls for travel, passage and transpor-
tation over said bridge and approaches thereto or any part
thereof as its directors may from time to time determine.
§ 6. The said corporation shall have power to acquire jitie to land for
title to land necessary for the construction of said bridge and "s^t of way.
approaches ; and the same power to take materials from
land in the vicinity for the construction and maintenance
thereof and for such purpose shall have and may exercise
all the powers conferred by any of the laws of this state for
acquiring right of way for railroads, public roads or other
public uses, under which tl:^e said corporation may take and
acquire property heretofore taken or acquired for such uses,
as well as other property and shall also have the right to
protect the banks of the same so far as may be necessary to Protection of
keep the channel within the opening of the bridge, and for barii's. etc.
this purpose may take and acquire lands in the ananner
aforesaid.
§ T. The said corporation may consolidate its property consolidation
and franchises with the property and franchises of any 9^ Property,
t . -, I'liii ,. -»r. . *^ franchises,
bridge company authorized by the laws ot Missouri to con- etc., of bridge
struct a bridge so as to connect with the one herein '^^p*"^-
authorized ; and for that purpose the said corporation may
make and execute all such agreements as it may deem ex-
pedient, and after such consolidation, the corporation created
hereby shall have all the powers herein granted.
§ 8. The said corporation may borrow money at any indebtedness.
rate of interest and may secure payment of its bonds or
other indebtedness, by mortgage or deed of trust of its
property, tolls and franchises in such manner as the directors
may think fit. This bridge shall be commenced in two and
finished in five years, or this act shall be void.
182 BRIDGES.
§ 9. This act shall be deemed a public act, and shall
take effect from and after its passage.
Approved March 6, 18«37.
In force March AN ACT to authorize the town of Ottawa, in La Salle county, to erect two
^> 1^^^- bridges across the Illinois and Michigan Canal.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That Joseph
Commissioners O, Glovcr, Lofcnzo Lelland, and Albanus E. Grow, of said
town of Ottawa be and they are hereby appointed commis-
sioners to erect two bridges across the Illinois and Michigan
canal, with the necessary embankments and approaches
Location of thereto, in the city of Ottawa, one of said bridges to be
bri ges. located on some street east of LaSalle street, and the other
Expenses to ba on some Street west of the side cut ; and to cause the
mse ytaxa- jj^fj^Qm-^|. qj money necessary therefor to be raised by taxa-
Purposes of. tion, as hereinafter mentioned. Said bridges, when construct"
ed, shall be maintained, repaired and if (pivot bridges
shall be built) opened for the passage of boats, by the city
Proviso. of Ottawa: Provided, sak\ bridges shall not be built until
plans of the same shall be submitted to the board of trus-
tees of the Illinois and Michigan canal (or their successors)
and be approved by them.
Duties of com- § 2. It shall be the duty of said commissioners to cause
missioners. ^^^^j^ ^^ ^^^.^ bridges, with the necessary embankments and
approaches thereto, to be constructed and paid for by taxa-
tion, as follows : after having determined upon the plans
thereof and ascertained the cost, said commissioners shall
make report to the board of supervisors of LaSalle county,
of the sums of money necessary for the construction thereof;
Duties of super- and thereupon it shall be the duty of said board of supervi-
^'®°"' sors to cause the sums of money so reported to be levied
and collected in the next ensuing, in the same manner
that other town taxes of the said town of Ottawa are now
Disposition of levied and collected by law; and said sums of money when
moneys. ^^^ collected shall be paid to said commissioners and shall
be a fund to be used by said commissioners for the
Cost of. erection of said bridges and the embankments and ap-
proaches thereto ; and in case the said bridges, with the
embankments and approaches thereto, should cost more
than the sura of money reported, the deficiency may be
raised in the same manner as the original amount was.
Commissioners' § 3. After Said bridges shall have been completed, said
reports. commissioners shall make a report to the town clerk of
said town, of the manner in which they have discharged
the duties imposed upon them by this act.
BRIDGES. 183
§ 4. The trustees of the Illinois and Michigan canal are Illinois and
hereby authorized and requested to contribute such sums fontSkii)n°?
toward tiie construction of said bridges as may be just and
equitable.
§ 5 This act shall take effect and be in force from and
after its passage.
Appkoved March 7, 1867.
AN ACT authorizing the city of Lacon to subscribe to the capital stock In force March
of the Lacon Bridge Company. ''• 1867.
Sectio]!^ 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
city of* Lacon, in the county of Marshall and state of Illi-
nois, is hereby authorized to subscribe to the capital stock of
the Lacon Bridge company, the sura of twenty-live thousand Amount of
dollars and to pay their subscription to said company, issue
the bonds of said city in sums of not less than five hundred Bonds.
dollars each, bearing eight per cent, per annum interest Rate of interest
payable annually, and said principal payable one-half in ten °''"
years and one-half in twenty years from the date of the
issuing of said bonds, said bonds to be signed by the How signed and
mayor of said city and the city clerk, and sealed with the ''''^'^"
seal of said city and to have interest coupons attached to the
same.
§ 2. Be it further enacted, that if fifty legal voters and Petition for
tax payers of said city of Lticon, shall present to the mayor Bubs'cription^""
of said city, a petition requesting the mayor to call an elec-
tion to vote for and against said subscription, it shall be
the duty of the mayor to give notice of an election to be Notice of.
held within said city to vote for and against subscription to
said Bridge Company, which notice shall be given the same
length of time, the election conducted, and returns made how conducted
in the same manner provided for general elections in said
city. The tickets used at said election shall have printed or
written or partly printed and partly written upon them
the words " for subscription" or "against subscription" and ^.
if the niiijority of the votes cast at said election should be "'""^ ' ' '
for subscription, the mayor shall subscribe said twenty-five Mayor to sub-
thousand dollars to the stock of said company and issue the sufbVds^ '"
bond of said city as herein provided and the sum of money
so subscribed and the interest to become due thereon, shall
be a lein upon the real estate in said city, until paid ; i^ie°s.
Provided, also, that said bridge company shall receive the Proviso,
bonds of said city in payment of the said city subscription
to the stock of said company at par.
184: BRIDGES.
§ 3. This act to be deemed a public act and to be in lull
force and effect from and after its passage.
Appkoved March 7, 18G7.
In force March ^N ACT to provide for the collection of tolls upon the bridge across the
S, 1867. • jii-j^„ig river opposite La Salle, and the disposition of the moneys arising
therefrom.
Section 1. Be it enacted hy the Peoiyle of the State of
Illinois, represented in the Genefral Assembly, That_ the
Appointment of cT„vernor shall appoint three commissioners, electors either
commissioners ^^. ^^^^ ^^^^^^ ^^- ^^ g^j^^ ^^. f,f Ede^ in La balle county, tor
Purpose the purpose of superintendiuir and taking charge of the
wao-on bridge across the Illinois river opposite La balle,
who shall, with the consent of the legal voters ot the town
of La Salle in La Salle county, expressed either at any
annual town meeting, or at a special town meeting called
for that purpose, be authorized and empowered to levy and
Collection of collect a toll of cach pereon, carriage, buggy, wagon or
^°"' other vehicle, drawn by horses, mules, oxen, or other
animals, and of each person riding or driving any horse,
mule, ass, ox, cow, lieifer, calf, sheep or swine upon, over
or across said bridge, to be fixed by such commissioners not
exceeding the following rates for each time of crossing, viz:
Rates of toll. ^^^^ g^ch foot passcugcr, 03; for each carriage, buggy,
wao-on or other vehical, drawn by horse, mule, ox or other
animal not more than two to each vehicle, for each crossing
and recrossing the same day, 10 ; for each additional ani-
mal, 05 ;■ for riding or driving any horse, mule, ass, ox, cow,
heifer or calf, 05 ; for driving sheep or swine, each, 02 ;
Collection of. The tolls thus fixed by such commissioners may be collected
either by the commissioners hi person, or some person
appointed by them for that purpose, such commissioners
shall hold their office during good behavior; and any
Vacancy of yacaiicv occurriug in the board may be filled by the gover-
3w'mier"nor, P;Wrf.^, however, that the governor being satisfaed
Proviso. ^i^g^l- j^yjy Qj. eitiier of such commissioners have failed, neg-
lected or refused to discharge the duties imposed upon them
by this act, or have acted partially or fraudulently, or have
removed from said towns shall have the power, and he is
hereby exin-essly authorized and required to remove them
or either of them, and appoint theh- successor or successors.
Duties of com- § 2. It shall be the duty of said commissioners to take
charge of said bridge, keep the same in repair, improve and
rebuild the same when necessary, if funds sufficient for that
purpose shall come into their hands or be available under
the provisions of this act, and invest the money arising from
missioners.
BRIDGES. 185
tlie tolls provided for in the preceding section, except siicli
portion thereof as are, or shall be needed for the repaii',.
rebuilding or improvement of said bridge, or for the wages or
hireof any toll collectororworkman upon said bridge,and less
the commissions and expenses hereinafter provided for, in
bonds of the government of the United States, of the state
of Illinois, or'of the said county of La Salle, at their current
market value, as often as once in every six months, the
interest accruing upon such bonds to be invested in lik6'
manner, it being the object and intention of this act to keep
the tolls collected on said bridge, so invested as to be avail-
able at all times as a fund for rebuilding, repairing and
improving said bridge as often as necessary.
§ 3. tVhenever it shall be necessary for any reason to Bridge improve--
rebuild, repair or otherwise improve said bridge, and there '"®"*^-
shall not be a sufHcient sum for that purpose on hand from th6
tolls collected since the last investment thereof, it shall be
the duty of said commissioners to sell so much and such
parts of &aid bonds at their current market value, as shall s<iie of bond's.
be sutticient to meet the expenses for rebuilding, repairing
or improving said bridge.
§ 4. If it shall be necessary to rebuild or repair said Estimates of
1 • , T 1 n 11 costs of re-
bridge at a cost exceedmg tlie amount ot money on hand building,
arising from such tolls, it shall be the duty of said commis-
sioners to make a careful estimate of the cost of so rebuild-
ing or repairing the same, and from the total cost deduct the
amount of such toll money on hand, and certify the amount
of the probable ditference to the county clerk of La Salle Difference,
county, whereupon it shall be the duty of said county
clerk to levy a tax upon the assessed value of the real and Taxes,
personal property of the town of La Salle, for a sum sufii-
cient to cover the amount of such deficiency, together with
the costs of collecting the same ; such tax to be denominated
special bridge tax, and to be collected at the same time, and "Special bridge
in the same manner as the state, county and town taxes are
collected, and when collected, to be subject to the order, collection of.
control and disposition of said commissioners : Provided, Proviso,
however, that the tax provided for in this section, shall not
exceed one and one-half per cent, upon the assessed value
of the real and personal property in said town, for any
given year.
§ 5. The town of La Salle, may, however, if the legal Additionaitaxi
voters thereof shall so determine at any annual or special
town meeting called for that purpose, levy an additional
tax to that provided for in the preceding section, for the
purposes therein contemplated ; and the towns of Eden and
Hope, in said La Salle county, are hereby authorized by
their electors, at any town meeting held or called in pursu-
ance of law, to levy, extend and collect a special bridge tax
to assist in rebuilding or repairing said bridge, in such sum
or sums as thev may see proper, whenever in their jadg-
Vol. I.— 13
186 BRIDGES.
ment it shall or may be necessary so to do, which said taxes
when collected shall be paid to the commissioners herein-
after provided for.
Commissioners' § 6. The Said commissioners shall, before entering upon
oath of office. ^|^g discharge of the duties of their office, each take an oatli of
Bands of. officc, and shall give bonds for the faithful discharge of the
duties of their office and the proper and faithful investment and
disbursement of all moneys that may come into their hands,
the amount of such bouds shall not be less than five thou-
sand dollars, and may be increased to such sum as the
governor shall designate from tin)e to time; and if at any
time they or either of them shall fail to give additional
bonds or additional security if ordered so to do by the gov-
ernor, he may declare their office vacated, and fill the same
by appointment. Said bonds shall run in favor of the
people of the state of Illinois, for the use of the town of
La kSalle, and be approved by the judge of the county court
for the county of La Salle.
Treasurer. § T. Said Commissioners shall elcct a treasurer who may
be one of their own number, who shall also take a proper
Oath and bond oatli of offico and give bonds for the faithful discharge
°^- ' of his duties, and the disbursements of the moneys tliat may
come into his hands ; said bond to be in such sum as shall
Proviso. be fixed by said commissioners : Frovided, however, that the
same shall not be for a less sum than ten thousand dollars and
must in all cases be double the amount of money that will
probably come into his hands; such bouds shall be payable
to said commissioners, and may be increased by them from
time to time, or they may require additional security ; and
they may remove such treasurer and appoint his successor
at pleasure.
Rebuilding § 8. Whenever it shall be necessary for said commis-
bridge. siouers to rebuild, repair or improve said bridge at an
expense exceeding the sum of live hundred dollars, they •
Plans and speoi- shall cause plans and sj^ecitications of the work to be done,
fications. ^Q y^Q prei)ared, shall advertise for sealed pro])Osals to do
sals.'^ ''^°^°' the sauie, in some newspaper published in the city of La
Salle, and in such other newspapers as they may elect for
, not less than two weeks, referring in such advertisements to
the plans and specifications, and giving the general charac-
ter of the work to be done, and designating a time and
place at which the same will be opened, and at the time
Awards. and place thus designated, they shall award and let the
work to the lowest bidder, provided he will give good
and sufficient bonds for the performance of his contract :
Proviso. Provided., however, they may if they think best so to do,
adjourn the letting, re-advertise for bids, or refuse to award
the contract.
§ 9. The bids provided for in the preceding section
shall be sealed and kept sealed until the time for opening
the same shall have arrived, and neither said commissioners
BRIDGES. 187
nor any one else, except the maker of the same, shall be
allowed to know their contents, and any one violating the
provisions of this section, shall be liable to a penalty of five
hundred dollars for each offense, one-half of which shall
go to the person who will first sue for the same, and the
balance shall be paid into the school fund of said town of
La Salle, and if a commissioner or an agent of said com-
missioners be the person so offending, he shall, upon con-
viction thereof, be immediately removed from office.
§ 10. If said commissioners, or either of them shall ^^^^^^ ^^
willfully fail, refuse or neglect to discharge the duties of
their respective offices, or if the treasurer they may appoint
shall willfully fail, neglect or refuse to discharge the duties
of his office, or if any toll collector, appointed by them,
shtdl fail, neglect or refuse to pay over moneys collected by
him upon said bridge for tolls, the person or persons thus
offending, shall upon conviction, be fined not less than Penalties for.
twenty-five, nor more than five hundred dollars for each
offense.
§ 11. The said commissioners shall be allowed as fees c^°™™issioners'
for performing their said duties, a commission of two per
cent, each upon all moneys that may be collected upon said
bridge for tolls, and the treasurer they may appoint shall
be allowed a commission of one per cent, upon all moneys
that may come into his hands.
§ 12. Any inhabitant of said town of La Salle, residing ^^^Jf^}^^"* °^
on the south side of the Illinois river, who has paid a tax
for the building or repairing of said bridge, shall not be
required to pay any toll for crossing or recrossing on said
bridge by himself or herself, or any member of his or her
family, or his or her stock or teams, for the period of one
year from the date on which said commissioners shall take ^bifdgT"^ **'
possession of said bridge by virtue of this act.
§ 13. The said commissioners provided for by this act, claims to titles.
shall not take possession of said bridge, until those who
may have legal title or claim to the ferry franchise across
the Illinois river at Shippingsport, in said town of La Salle,
shall in writing assent to the provisions of this act, and
release all claim to said franchise, or ferry privilege, and to Release of.
all damages or forfeitures which might result from the pos-
session of said bridge by said commissioners, according to
the provisions of this act.
§ 14. This act shall be taken and deemed a public act,
shall be liberally con^itrued in all courts and places, and
shall be in force from and after its passage.
Approved March 8, 1867.
1S8 BRIDGES.
In force March AX ACT to extend the time of commencement and completion of the
9, 1867. Dubuque and Dunleith Bridge Company.
Section 1. Be it enacted by the People of the State of
Illinois^ represented i?i the General Assembly, That the
Act approved act entitled an act to incorporate " The Dunleith and Da-
extended!°'' buque Bridge Company," approved February 14, 1857, be
and the same is hereby extended fur the commencement and
completion of said bridge for and during the period of ten
years, and this act to take effect and be in force from and
after its passage.
Approved March 8, 1867.
In force March AX ACT to authorize certain towns therein named to borrow money, and
9> 1S67. levy taxes in aid of building a bridge across the Kankakee river.
Section 1. Be it enacted by the Peojjle of the State of
Illinois, rejpreientedin the General Assembly, That the boards
^mone^y."°^ of towu olHcers of the towns of Momence and Ganeer,
in the county of Kankakee be and they hereby are author-
ized and empowered to borrow money in a sum or sums
not exceeding in total amount ten thousand dollars, for each
of said towns, and to issue the bonds of said towns respect-
ively theietor ; said bonds to be made payable on or before
the expiration of twenty years from date, and to bear an
annual interest not exceeding ten per cent, per annum, for
the purpose of rebuilding the bridge across the Kankakee
river at the village of Momence, in said county.
Special tax, etc. § 2. That the said boards of town auditors of the towns
of Momence and Ganeer be and they are hei'eby authorized
and empowered to levj' a special tax of not exceeding live
mills on the dollar in any one year on all the taxable prop-
erty of said towns in addition to the taxes already provided
for by law, tor the purpose of paying the interest on the
bonds to be issued in pursuance of this act ; the said special
tax to be collected in the same manner as otlier town taxes,
and to be paid by the collectors to such person or persons
as the said board of town auditors shall direct.
Town auditors § 3. That the boards of town auditors of the towns of
■ daiTax.* ^^^' Sumner and Yellowhead, in said county, be and they are
hereby authorized to levy a special tax of not exceeding
ten mills on the dollars' valuation of the taxable property
of said towns respectively, for the purpose of aiding in the
rebuilding of a bridge across the Kankakee river, at
tlie village of Momence, in said county ; the said special
tax to be collected in the same manner as other town taxes,
BRIDGES. 189
atid to be paid over to sucli person or persons as the said
boards of town auditors shall direct.
§ i That the above mentioned loan is authorized to be p:iection upon
made, and, the special tax to pay interest on the same is rLTnandtaxL.
authorized to be levied by the said towns of Momence and
Ganeer, respectively, upon this condition : that a majority
of tlie persons voting upon the question at the annual town
meeting, for the year 1867, or at a special election, called
therefor, shall vote in favor ot said loan, the ballots to ha^'e Form of baiiot.
written or printed on them the words, "For loan to build
bridge," or "Against loan to build bridge ;" and the special
tax is authorized to be levied in the towns of Sumner and
Yellowhead, respectively, upon the cotidition that a major-
ity of those voting at the annual town meetings of said
towns, or at a special election called therefor, shall vote in
favor of said special tax, the ballots to have written or
printed on them the words, "For special tax to build
bridge at Moraence," or "Against special tax to build
bridge at Momence."
§'5. This act, so' far as it applies to the towns of Sum- App^^caHon^and
ner and Yellowhead, is hereby delared to be in force for
the years 1867 and 1868 only, and if either of said towns at
the annual town meeting for the year 1867, or at a special
election, held durins the same year, vote against the said vote against
. , \ . ^ 'T . "' ' , ^ , . ^ bridge tax.
special bridge tax, the question may be voted on again at
the annual town meeting of 1868, and the board of town
auditors of said towns shall have posver to fix the rate of R<^t^e of special
said special tax at not less than four mills, and not to ex-
ceed ten mills on the dollar valuation.
§ 6. This act to taVe eftect and be in force from and
after its passage.
Approved March 9, 1867.
A.N ACT to incorporate tlie Wilmington Bridge Company. In force March
8, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, The snper-
visor of the town of Wilmington, and the supervisors of
the other towns voting a tax for building a bridge at Wil-
mington, shall, for the objects herein expressed, be a
body corporate, and under the name and style of " The ^'-'^wi^' ^"•^ ^*y'^-
Wilmington Bridge Company;" may sue and be sued,
contract and be contracted with, and do all things necessary
and proper to carry out the objects contemplated.
§ 2. The amount of tax to be raised by each town for Tax raised,
the purpose aforesaid, when ascertained by conferring with
the authorities of Wilmington as aforesaid, shall be audited
by the board of town auditors of each of said towns, which
190
Disposal of
monev.
Wilmington.
amounts shall be levied and collected from the taxable pro-
perty of said town all in one year, or may be divided with
equal parts and be collected as aforesaid in two (2) or more
Borrow money, years, as shaJl seem best. And the said towns may borrow
money at a rate of interest not exceeding ten per cent, per
annum, payable annually, and issue bonds in sums of not
less than $50 each, which shall be paid out of the taxes
levied as aforesaid, which bonds shall be signed by the town
clerk and be countersigned by the supervisor, and shall
be binding upon the said town for the amount therein
expressed.
§ 3. The money collected as aforesaid shall be paid on
the presentation of said bonds wdien due, or if no bonds are
issued, the money, when collected, shall be paid on the
order of the said bridge company, and all moneys received
for the said bonds when sold, shall be paid on the oi-der of
said bridge company. If any town shall fail to provide its
share of tax ascertained as aforesaid, then the bonds of said
town shall be issued in an amount sutficient to pay the same
and be delivered to said company, and said bridge company
shall be authorized to sell the same on the best terms
obtainable, and apply the proceeds on any contract made
by them by virtue hereof!, and credit said town with the
same,
§ 4. If no other town than Wilmington shall vote the
tax aforesaid, on or before the first day of May next, then
the said town of Wilmington is hereby authorized to borrow
money for the purpose aforesaid, issue bonds in sums not
less than $50 each, payable in one, two, or more years, with
interest at ten per cent, per annum, payable annually.
Money may be borrov/ed and bonds issued as aforesaid for
repairing or building the bridge across the east branch of
said river also. The commissioners of highways and the
supervisor of said town are hereby authorized to enter into
Contracts. coiitracts for the repairing the said bridges and apply the
• money collected for the same on said contracts, and they
shall cause the said bridge or bridges to be repaired or
rebuilt as soon as weather and water will permit. Said
bonds shall be signed by the town clerk and be counter-
Board of audi- signed by the supervisor and the board of auditors being
satisfied of the correctness of the same, shall audit the same
and certify the amount to the board of supervisors of the
county, and said board shall cause the amount to bo levied
and collected as other town taxes are; but the fees and
commissions for collecting any taxes levied by virtue of this
act shall be only one-half the rate allowed for collecting
other town taxes. The taxes, when collected, shall be paid
into the town treasury, the treasurer being required to give
a good and sufiicient bond therefor.
§ 5. The bridge or bridges, when thus repaired or
rebuilt, shall become the property of and belong wholly to
Controllin,
bridges.
BRIDaES. 191
the town of Wilmington, and shall be maintained, managed
and controlled by the same, subject however to such rules
and regulations as may have been or may be adopted by
the city of Wilmington, and not impairing the rights and
powers" already granted by law to the said city : Provided^ Proviso.
that the amount received fur tolls ( if tolls be levied for
crossing said bridge) over the amount necessary to keep
said bridge in repair and the incidental expenses in taking
care of the same, shall be applied on any indebtedness
incurred in rebuilding or constructing the same.
§ 6. The town authorities aforesaid of Wilmington, are Powers confer-
awthurized to sell the superstructure of the old bridge or
use the material of the same in repairing either of said
bridges, and to do all things necessary and proper to carry
out the objects of this act. If the said town authorities
shall prefer to not accept of the amount proposed to be
raised by any of said towns on account of the same being
too small, then the said authorities of Wilmington may
reject the same, and repair or rebuild the said bridge or
bridges as aforesaid.
§ 7. If on I r before the first day of July next no pro- Proviso,
vision shall have been made for repairing or rebuilding said
bridge or bridges, by the town of Wilmington, or any of
the other towns, then the supervisor and commissioners of
highways of said town of Wilmington and the mayor of
the city of Wilmington, shall be authorized and empowered
to enter into negotiations with and convey to any person or
persons the Iranchises and property pertaining to the said
bridge, upon the conditions and stipulations herein ex-
pressed.
§ 8. Whenever an arrangement satisfactory to the par- Arrangements.
ties aforesaid shall have been entered into, such person or
persons shall enjoy the rights and franchises herein given,
subject to the following general rules :
First — The person or persons aforesaid, with their asso-
ciates, may organize and become a body corporate and
politic, under the name of " The Wilmington J!>ridge Com- yame.
pany;" and by that name and style may sue and be sued,
plead and be impleaded, contract and be contracted with. Powers of cor-
make all needful rules and by-laws for the government of p°^''^''°°-
said company, fix the amount of the capital stock of said capital stock,
company at any amount they may deem necessary, appoint
all oflicers and agents necessary to carry out the objects
herein contemplated.
Second — The said company, after its organization, shall
consist of all persons that shall become stockholders therein,
and in managing the afi'airs of said company each stock-
holder shall be entitled to one vote for each share held by
him, and the shares of stock shall consist of $100 each, and
shall not be subject to local taxation.
192
Keeping in re^
pair.
Embankments.
Kate of tolls.
NewDridge. Tliivd — The said company, after its organisation, shall
rebuild or construct within such time as may be agreed upon
with said authorities of Wihnington, a good and sufficient
bridge upon the old abutments and piers, if sound and
sufficient, which bridge shall be well and thoroughly con-
structed of wood or iron, and as suitable and convenient
for crossing as tlie old bridge Avas when new, with the
addition of a sidewalk for fool passengers.
Fourth — Tlie said company shall constantly keep and
maintain said biidge in good repair, and allow all persons
a speedy ])assage over the same with their vehicles and
animals, and if at any time said bridge shall become unsafe
or impassable for the period of three months at any one
time, the said bridge, with all of the rights and franchises
appertaining thei'eto, shall be forfeited to said town : Pro-
vided, that if said bridge shall be damaged or destroyed by
fire or flood, the said company shall be allowed the neces-
sary time to repair or rebuild the same, which time shall
not exceed four months.
Fijth — The said company shall erect necessary embank-
ments at each end of said bridge, and shall have power to
erect and maintain such toll gates, toll houses, and other
houses for their employees as may be necessary.
Sixth— T\\Q said company, after the completion of said
bridge, shall be permitted to establish a rate of tolls for
crossing the same and shall not exceed the following rates:
For each vehicle drawn by a pair of horses, oxen, mules
or asses, twenty cents; for each additional animal attached
to said vehicle, ten cents; for each one horse wagon or other
vehicle, fifteen cents; for each man and horse, ten cents;
for each head of horses, cattle, mules or asses, live cents;
for each hog or sheep, three cents; for each foot passenger,
one cent; and if any of the said men, vehicles or animals
shall return the same day, one-half the above i-ates only
Proviso. shall be charged : Brovided^ that said company may double
the rates aforesaid between the hours of nine o'clock r. m.
and live o'clock a. m : And^ also^ provided, that the cows
and other animals runnit)g at large and belonging to the
inhabitants of the city of "Wilmington, may pass over said
bridge at one-halt of the rates above named.
Schedules. Seventh — The said company shall put up and keep in a
conspicuous place, at each end of said bridge, a schedule of
the rates of toll charged for crossing the same; they shall
also keep up at each end of said bridge the amount of
the penalty assessed for crossing said bridge faster than a
walk.
Penalties. Eighth — The said bi-idge and the approaches thereto,
shall be deemed a public highway within the meaning of
the laws providing for punishment for the destruction,
injury or obstruction of the public roads and bridges in this
state.
BBEWERIES. 193
Ninth — Every person riding or driving any animal across Restrictions.
said bridge faster than a walk, shall be subject to a fine not
exceeding five dollars, to be recovered before any justice of
the peace of said county, and shall be paid to said company,
and such person shall be liable for whatever damage he
may cause to said bridge.
Tenth — ^aid town of Wilmington shall have the right by ciiangeof own-
giving six months' notice, at any time after fifteen years
from the date of this act, to purchase the said bridge of the
said company, with all of the rights and franchises appertain-
ing thereto, by paying to said company the value thereof,
which value shall not exceed the 'amount expended by
said company in building, repairing and maintaining the
same.
Eleventh— Tho, said company may borrow money at any Borrow money
rate of interest ; may mortgage iheir franchises and other
property, issue bonds, secured by said mortgage, and sell
the same.
Iwelfth — The town and city authorities aforesaid, may contracts.
require of said company other conditions than those above
enumerated, and said authorities are hereby empowered to
make any contract with the said company or with any other
13erson, for repairing or constructing a bridge across the
east branch of said river at Wilmington, and may use the
money already collected in making a contract for repairing
or rebuilding the bridge or bridges across either branch of
said river, in such manner as to them shall seem best, and
the said authorities are authorized to do all things necessary
and proper to carry out the objects of this act, to protect
and promote the interests of the people of said town.
§ 9. This shall be deemed a public act, and be in force
from and alter its passage.
Approved March 8, 1867.
AX ACT to incorporate the Buscli and Brand's Brewery Companv. In force Feb. 14,
1S6T.
Section 1. Beit enacted hy the Feojyle of the State of
IlUnois, represented in the General Assembly, That Valentine
Busch, Michael Brand, John Brand, Peter Koehler, Philip
Lorre and their associates and successors, and all such per-
sons as shall become stockholders in the company hereby
created, shall be a body politic and corporate, by the name
and style of " Busch and Brand's Brewery Company ;" and Name and style
by that name they and their shall be known, and have suc-
cession ; and may sue and be sued, plead and be impleaded,
defend and be defended in all courts of law and equity, and
19i
BKEWERIES.
Capital stock.
Objects.
Business pow-
ers and privi-
may have and use a common seal and alter the same at
pleasure.
§ 2. The capital stock of said company shall be three
hundred thousand dollars, with power to increase the same
to five hundred thousand dollars, to be subscribed and paid
in manner hereinafter mentioned ; which said capital stock
shall be divided into shares of one hundred dollars each,
and shall be deemed personal property, and shall be trans-
ferable on the books of said company in such manner as its
by-laws may prescribe.
§ 3. The object of said company is, and it is hereby
empowered, to purchase, acquire and incorporate the brew-
ery establishment heretofore established and now carried
on by the said Yalentine Busch and Michael Brand, in the
city of Chicago, and known as "Busch and Brand's
Brewery," with the premises, grounds, buildings, appur-
tenances and fixtures thereunto belonging and appertain-
ing ; and, also, to acquire, purchase, manufacture, sell and
deal in malt, hops, beer, ale, wines, spirituous, fermented
and distilled liquors.
§ 4. It shall be lawful for said company to acquire,
purchase and hold, and to sell and dispose of such real
estate as may be necessary and requisite for the transaction
of the above-mentioned business and trade, and to make
and execute notes, bonds, bills, m.ortgages and such other
securities and evidences of indebtedness as may be neces-
sary for the effectual carrying on of said business : and may
also take security from its customers and others upon real
estate and personal property or chattel interests, for current
accounts, including accruing and future indebtedness ; and
also to bid in and purchase any real estate and other pro-
perty at any judicial and other sale made by virtue of any
debts, security, trust or power, made to or vested in or held
by or for the said company; and to receive and take in
satisfaction of any debt or security any real estate, and to
hold and dispose of the same for its own use and beneht.
Directors. g 5. The affairs of said company shall be managed by
a board of three directors, all of whom shall be stockholders
of said company to the extent of at least lifty shares each,
stock subscrip- Auy thrcc of the corporators above named shall be commis-
sioners to open books for subscription to the capital stock
of said company, which shall be done within ninety days
from and after the passage of this act, and to receive pay-
ments on account of the stock so subscribed ; and the nu)ney
so received shall be paid over by such commissioners to
the directors, as soon as the latter are elected. As soon as
two hundred thousand dollars of the capital stock in said
company have been subscribed, and fifty per cent, tliereof
been paid in, (which fifty per cent, it shall be the duty of
said commissioners to require to be paid in at the time of
the subscription,) the said commissioners shall call a meet-
BKEWEEIE8, 195
ing of the stockholders, at such a time and place in the city
of Chicago as they may deem proper, for the purpose of
electing directors. The directors elected at this meeting
shall hold their offices until their successors shall have been
elected at the next annual election and have been duly
qualilied.
§ 6. Subsequently thereto the election of directors of Election of a-
said company shall be held annually in the city of Chicago, ^^'^^°'^^-
on the first Monday of November in every year, at such a
place and hour as the board of directors may designate, and
a notice, specifying such time and place, shall be posted for
at least ten days previous to such election, in a conspicuous
place in the office of said company. All elections shall be
by ballot. Every stockholder shall be entitled to one vote
for every share of capital stock standing in his or her name
on the books of said company, and may vote either in per-
son or by proxy. In case of a tie the vote of the presiding
officer shall be decisive. The directors shall hold their
office lor one year and until their successors shall have been
duly elected and qualified.
§ 7. The directors shall annually elect a president of President.
the company from their own body. They shall have the Regulations
,i '' ,. . ,- • ^1 • "t ^- . 1 and by-laws.
power, irom tmie to time, m their discretion, to make, pass,
alter, establish, rescind, revoke, repeal, and re establish, by
and with the consent of a majority of all the directors elect,
however, only, such rules, regulations and by-laws for the
government of the said company and the management of
its affaii's and business, and for the appointment of a secre- officers
tary, treasurer and all such agents, servants and attorneys
as they may deem necessary and proper, and may prescribe
their duties, fix their remuneration, require bonds, and do
all other acts which may be deemed expedient to promote
the interests of said company, not inconsistent with the
laws of the land. The bond of the treasurer to be at least Treasurer's
thirty thousand dollars. Said amount to be increased, in
the discretion of the directors, who may require such securi-
ty as shall be prescribed by the by-laws of said company.
§ 8. In case of a vacancy occurring, by death, resigna- vacancies.
tion or otherwise, in the number of directors, the remaining
directors shall, at their next regular or special meeting,
designate a person from among the other stockholders, who
shall have the necessary qualifications, to be elected a
director to supply such vacancy ; and the person so desig-
nated and chosen by a majority of all the directors, shall,
if he accepts and qualifies, thenceforth act as director until
a successor is duly elected at the annual election next fol-
lowing and has qualified.
§ 9. The said directors shall have power, from time to Assessments.
time, and at such times and in such amounts as they may
deem proper and expedient, to make assessments on the
stockholders of said company, and to call for the payment
196 BREWERIES.
Calls for sub- of installments of the Capital stock, and balances clue on
tious. - - ' - - . . . .
Notice of.
"''"^" subscription for the same ; and a written notilication of
each and every such call shall be posted up in a conspicu-
ous place in theothce oi" said company ; and each stockhold-
er shall also be notitied thereof by a letter addressed and
mailed to his, or her, or their address, as the same shall
appear upon the stock books of said company ; and in the
Non-payment event of the uou-payment of any such assessment or call
°^' within sixty days after due notice given in the manner
hereinabove provided for, it shall be lawful for the direct-
ors, at their option, either to enforce the payment of the
amount so due and payable by legal proceedings, or to sell
Sale ofshares of fairly at public auction, for cash, to the highest and best
sfocklioMers. bidder therefor, the amount of stock standing in the name
of such delinquent stockholder, or to buy in the same for
the benefit of said company ; and the proceeds of such sale
shall be paid over to such delinquent stockholder, who shall,
upon such sale, cease to be a stockholder in the said com-
pany, and whose share or shares shall, upon the books of
the company, be transferred by the secretary thereof to
such purchaser or purchasers of said forfeited stock or
shares ; which latter shall thenceforth have and enjoy all
the rights, privileges, dividends and profits accruing and to
accrue to or in respect of said shares of stock so purchased,
and become liable for the payment of all calls and install-
ments then due and thereafter to become due and payable
on said shares of stock.
Dividends. § 10. It shall be lawful for the directors of said com-
pany, from time to time, to make, declare and pay divi-
dends upon the capital stock of said company, in such
manner and such amounts as they may deem most expedi-
ent for the interests of said company.
Records, § 11. Said company shall keep in the office of the
secretary proper books, in which shall be kept a full and
correct record of the names and post office addresses of the
stockholders to be furnished by them, and of the amount of
stock held by each, and of all transfers thereof; and no
transfer of any shares of capital stock shall be of any valid-
ity until the parties shall have caused the same to be entered
by the secretary upon the books of the company ; also a
record of the proceedings of the stockholders and of the
board of directors, and of the by-laws, rules,' regulations and
business transactions of said company ; which books shall
be subject to inspection, at all reasonable times during
business hours, by any stockholder or creditor of said com-
pany.
Period of exis- § 12. The Said Company hereby created shall exist for
tence. ^j^^ ^g^,^^ ^^- nj^ety-nine years.
§ 13. This act shall take effect and be in force from and
after its passage.
Approved, February 15, 1867.
BREWERIES. 197
AN ACT to incorporate Hack's Chicago Brewery Company. la force Feb. 19,
1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That John
A. Hiick, Lewis 0. Iluck, Philip Bartholomae, Jacob Rhem,
and John S. Miller, and their associates and snccessors,
and all snch persons as shall become stockholders in the
company hereby created, shall be a body politic and corpor-
ate, by the name and style of " Hnck's Chicai^o Brewery corporate name
Company;" and by that name they and their snccessors a'^'i P'^^e^s,
shall be known and have succession ; may sne and be sued,
plead and be impleaded, defend and be defended in all
courts of law and equity ; and may have and use a common
seal, and alter the same at pleasure.
§ 2. The capital stock of said company shall be five capital stock,
hundred thousand dollars, with power to increase the same
to one million dollars, to be subscribed and paid for in
manner hereinafter mentioned ; which said capital shall be
divided into shares of one hundred dollars each, and shall
be deemed personal property, and shall be transferable on
the books of said company in such manner as its by-laws
may prescribe.
§ 3. The object of the said company is, and' it is hereby g^u ^^^ ^^^i
empowered, to purchase, acquire and incorporate the Easrle in mait, hops,
T5 • r^\ ■ 1 1 i. • I beer, etc.
Brewery, in (Jhicago, and also to acquire, purchase, manu-
facture, sell and deal in malt, hops, beer, ale, wines, spirit-
uous, fermented and distilled liquors.
§ 4. It shall be lawful for the said company to acquire,
purchase and hold, or sell and dispose of such real estate as
may be nessary for the transaction of its business ; and,
also, to borrow money and to pay interest thereon, and to
make and execute bonds, bills, notes, mortgages and other
securities and evidences of indebtedness, as may be neces- indebtedness.
sary for the carrying on of the business mentioned in sec-
tion three of this act ; and may, also, take security from its
customers and others, upon real estate or personal property,
or chattel interests, for current accounts, including accruing
and future indebtedness ; and, also, to bid in or purchase
any real estate or other property or chattel interests, at any
judicial or other sale made by virtue of any debt, security,
trust or power made to or vested in or held by or for the
said company ; and to receive and take in satisfaction of any
debt or security any real estate, and to hold and dispose of
the same for its own use and benefit.
§ 5. The afi'airs of said company shall be managed by a Affairs-how
board of directors of at least five. They shall hold their managed.
office for one year, and until their successors shall be elected Term of office,
and qualified. And an election of directors shall be held ''*°"
by the stockholders when and so soon as two hundred
thousand dollars of the capital stock shall have been sub-
198 BREWERIES.
scribed, and five per cent, paid thereon. And three of the
corporators herein named shall be commissioners to open
books for subscription to the capital stock, which shall be
done within one year from and after the passage of this act.
And the money so received by the commissioners shall be
paid over to the directors, when elected.
Powers and du- § 6. The directors shall, annually, elect a president from
pany.°^ *^°"^" their own body ; they shall have the power, from time to
time, in their discretion, to make, pass, alter, establish, re-
scind and re-establish such rules, regulations and by-laws,
for the gf)vernment of the said company and the management
of its alfairs and business, and for the appointment of a sec-
retary, treasurer, and all such agents and attorneys as they
may deem necessary and proper, and may proscribe their du-
ties, fix their remuneration, require bonds, and do all other
acts which maybe deemed expedient, to promote the interests
of said company, not inconsistent with the laws of this state
or of the United States ; but no by-laws of the said com-
pany shall be passed without the consent of a majority of
the directors ; and all the acts of the duly appointed offi-
cers and agents of the said company done and performed
under authority of its by-laws, rules and regulations, shall
be binding upon the said company. The bond from the
treasurer shall not be less than thirty thousand dollars.
Subscriptions to § 7. The dircctors shall have power to call for the bal-
stock. ance due on the subscription to the stock of the said com-
pany, at such times and in such installments as they may
deem proper ; and in the event of the non-payment of any
call within sixty days after due notice, (which may be by
letter mailed to his or her address, as it appears upon the
stock books of the company,) it shall be lawful for the direc-
tors, at their option, to enforce such payment or to sell fairly,
by public auction, the amount of stock standing in the name
of such non-paying stockholders, to any person or persons,
or to buy in the same, for the benefit of the said company ;
and the proceeds of such sale shall be paid over to such
stockiioiders. non-payiu^ stockholders, who shall, upon such sale, cease t^o
be a stockholder in the said company ; and the purchaser or
purchasers of said shares of stock shall have and enjoy all
the rights, privileges, dividends and profits accruing or ac-
crued to or in respect of the said shares of stock, and
become liable for the payment of all calls then due or there-
after made on said shares of stock.
Amounts and § 8. It shall bc lawful for the dircctors of Said compauy,
Smde^ds. °^from time to time, to make and declare and pay dividends
u])on the capital stock of the said compan}'^, in such manner
and in such amounts as they may deem most expedient for
the interests of the said company.
§ 9. Said company shall keep in the office of its secre-
tary proper books, in which shall be kept a full and correct
record of the names and post office addresses of the stock-
BREWERIES> 199
holders, to be fnriiished by them, and of the amount of
stock held by each, and of all transfers thereof; also, a *
record of the proceedings of the stockholders of said com-
pany, and of the proceedings of its board of directors, and
of its by-laws, rules and regulations, and of its business
transactions ; which books shall be subject to inspection at
all reasonable times, during business hours, by any stock-
holder of said company.
§ 10. This act shall take effect and be in force from and
after its passage.
Approved February 19, 1867.
AN ACT to incorporate the Union Brewery and Coopering Company. K^ _foroe _Feb.
28, 1867.
Section 1. Be it enacted hy the People of the Stata of
Illinois, represented in the General Assembly, That Albert
F. Lincoln, John Lutz, Philip Zell, Louis Green, and Fer-
dinand Welte, and such other persons ^s may associate
with them for that purpose, are hereby constituted a body
politic and corporate, by the name and style of "The Union Name and style..
Brewery and Coopering Company ;" and by that name and
style they and their successors shall have perpetual succes-
sion, with power to sue and be sued, plead and be impleaded. Powers.
to acquire, hold and convey property, real, personal and
mixed, to have and use a common sea!, and to do and per-
form all lawful and necessary acts and things in carrying
into effect the object and purpose of this act.
§ 2. The capital stock of said company shall be one Capital stock.
hundred thousand dollars, divided into shares of one hun-
dred dollars each ; but the said corporation shall have power
to increase their said capital stock to any sum, not exceed-
ing two hundred thousand dollars, at any time, by vote of
the directors of said company.
§ 3. The persons named in the first section of this act commissioners.
are hereby appointed commissioners, who, or a majority of
whom, are hereby authorized to open subscription books for
said stock, at such times and places as they may deem
proper. The said commissioners shall require each sub-
scriber to pay ten dollars on each share sulDscribed at the stock subscrip-
time of subscribing ; and, whenever fifteen thousand dollars ''°°"
of said stock shall be subscribed, the said commissioners
shall call a meeting of the stockholders, by giving ten days'
notice in some newspaper printed in the city of Peoria;
and at such meeting the stockholders, (having one vote for
each share,) shall proceed to elect five directors of said Directors,
company, to whom, when elected, the said commissioners
shall deliver up said subscription books, with all sums of
200 , BREWERIES,
f money or other property they may have received as com-
missioners of said compan}'. No person but a stockholder
shall be a director in said company.
Term of office. § 4:- The directors of said company shall hold their of-
fice for the term ui one year and until their successors are
ele(-ted ; and the said directors, (a majority of whom shall
Quorum. fomi a quorum for the transaction of business,) shall elect
President. oue of their number to be president of said company, and
Secretary, treas- one of their number secretary and treasurer of said coni-
^''^^' panj ; and said directors shall have power to appoint such
other officers, other officers as may be necessary for the transaction of the
business of said company ; and to require the treasurer of
Bonds. said company to give a bond in the sum of ten thousand
dollars, with sufficient security, conditioned to account for
and pay over all moneys that may come into his hands and
for the faithful discharge of his duties, as prescribed by the
By-laws. by-laws and ordinances of said company, and are hereby
empowered to make all necessary rules, by-laws, regulations
and ordinances that they may deem necessary to accomplish
the designs and purposes of said company, and for the
transfer and assignment of its stock, which is hereby de-
clared personal property, and transferable in such manner
as shall be provided for by the ordinances of said cor-
poration.
§ 5. The directors of said company, after the same is
organized, shall have power to open books in the manner
prescribed in the third section of this act, and to till up the
Balance and in- balauco of the stock of Said compaiiy, and any increase of
stock voted to be made, as they may deem for the interest
of said company, and prescribe times of payment of install-
ments on said capital stock, in such sums as they may deem
best calculated to advance the interests of said company.
Necessary § (>• The Said corporatioii shall have power to erect all
buiiduigs. necessar}^ buildings, fixtures and machir;ery in the city of
Peoria for the prosecution of its business in making and
manufacturing beer, malt and other liquors, and all kinds of
cooperage, and to purchase and provide stock and materials
for the same.
§ 7. In order to facilitate the business operations of said
company, the said directors shall be authorized to obtain
any sum or sums of money on their bonds, mortgages or
Debts. other evidences of debt, to the amount of stock actualh^
subscribed ; but at no time shall the debts of the company
exceed in amount the capital stock. The shareholders shall
be liable only to the full amount of the stock subscribed tor
and taken by them.
Contracts, § S- All Contracts, bonds, agreements, deeds and other
bonds, etc. instruments taken or received by said company shall be
executed to the company in its corporate name, and all
deeds or mortgages made or executed by said corporation
shall be upon the order of the board of directors, entered
BUILDING ASSOCIATIONS. 201
on their records at any meetinpj of the board, and made by
the president and sealed with the corporate seal and attested
by the secretary ; and such conveyance shall recite and set
forth the order made by the directors for that purpose.
S 9. The time for the annual meeting for the election of Annual meet-
ings for elec--
tions.
directors shall be the first Monday of the montli of January
in each year ; and notice thereof shall be given in some
newspaper thirty days previously : Provided^ that an Proviso,
omission to hold such annual meetintj; shall not work a for-
feiture of their charter or a dissolution of the corporation.
§ 10. This act shall take effect from and after its passage,
Appkoved February 28, 1867.
AN ACT to incorporate the Elmwood Building Company.- In force teb. 20^
1867
Section 1. Be it enacted hy the People of the State of
Illinois^ represented ifi the General Assembly^ That William corporators.
J. Phelps, Addison L. Tracy, William Edwin Phelps,
Harlan P. Tracy and James Lee, and their associates, suc-
cessors and assigns, be and are hereby created a body politic
and corporate, by the name and style of "The Elmwood Nameandstyie.
Building Company ;" and by that name and title shall have
perpetual succession ; and shall be capable of suing and
being sued, pleading and being impleaded, answering and Powers.
being answered in all courts of law or equity whatever ; to
have and use a common seal, and alter the same at pleasure;
to establish all by-laws for the government of the company,
and alter or amend the same; to purchase, hold, sell and
convey real estate, and to receive the same in payment for
stock ; to borrow money and secure the same by mortgage
on the real estate or other property of the company ; to
erect and maintain buildings in the town of Elmwood, in
Peoria county, suitable for hotel, mercantile, storage, dwell-
ing and other purposes, and lease or occupy the same, as to
them shall seem wise and prudent; and, generally, to have
and exercise all powers, rights and privileges usually ac-
corded to corporations for such purposes.
§ 2. The capital stock of the company shall be one hun- capital stock.
dred thousand dollars, divided into shares of one hundred
dollars each, for which certificates shall be issued, and may
be increased to any sum not exceeding three hundred thou-
sand dollars. It is provided^ however, that when ten
thousand dollars of the capital stock shall be subscribed and
paid in, the company may organize and go into full ope-
ration.
§ 3. This act shall be deemed a public act, and take
effect from and after its passage.
Appkoved February 20, 1867.
Yol. I— M
202 BUILDING ASSOCIATIONS.
tn force March AN ACT to amend an act entitled "An act to incorporate tlic Miltan Block
'■ Association," approved February 16, 1865.
Section 1. Be it enacted hij the People of the State of
Illinois, represented in the General Assembly, That section
^ImendeV' '''' ^'^^ (^) ^^ ^'^^ ^^^ entitled "Au act to incorporate the 'Milton
Block Association,'" be, and the same is hereby so amended
fis that the capital stock of said corporation may be increased
to any sura not exceeding fifty thousand dollars.
§ 2. This act shall take effect and be in force from
and after its passage.
Approved March 9, 1867.
In force Feb'y AN ACT to incorporate the Rockfbrd Building Association of the city of
2«' l^*^'- Eockford.
Section I. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Thomas
Corporators D. Robcrtson, Melanctliou Starr, Seldeu M. Church, John
P. Maury, and Rosmer P. Holland, and their associates and
successors, be, and they hereby are declared a body politic
and corporate, by the name and style of " The Kockford
Name and style. Buildiug Associatiou ;" and by that name shall have jjer-
petual succession ; and shall have power to contract and be
Powers. contracted with, sue and be sued, implead and be impleaded,
answer and be answered unto, in all courts of competent
jurisdiction ; and may make and use a common seal, and
renew or alter the same at pleasure ; and shall have all other
powers and privileges necessary to accomplish tlie objects of
their incorporation.
Object. § 2. The objects of said corporation shall be the pur-
chase of real estate, in the city of Rockford, and the erection
thereon of a building or buildings, for a public hall and
other purposes, as shall be most beneficial to said corpo-
ration. ,
fficers. § 3. Said corporation shall have power to prescribe the
number, duties and salaries of its officers, the time or times
of payment for shares of its capital stock subscribed, and to
make such by-laws for the management of its afl'airs as may
be necessary for the accomplishment of the objects of its
Proviso. incorporation : Provided, the same shall not conflict with the
laws of this state and of the United States.
Bonds of offi- § 4. Said corporation may require bond, and suflicient
^^^'^' security, of its treasurer, or other officer or officers, who
may have in keeping the moneys, or other effects of said
corporation.
BUILDING ASSOCIATIONS. 203
§ 5. Said corporation shall have power, in law and in Possession of
equity, to purchase real estate, and personal or mixed prop- P'^'P^rty.
erty, and to receive a conveyance of the same, by its corpo-
rate name ; and the same estate to grant, bargain, sell, demise,
lease, place out at interest, or otherwise dispose of, as may
be most benelicial to said corporation ; and shall, also, have
power to erect upon such real estate, so purchased, a build-
ing or buildings for a public hall, and for such other uses Public haiis.
and purposes as may be most beneficial to said corporation :
Provided^ the amount of such real estate purchased shall Proviso,
not exceed the amount of capital stock by this act authorized.
§ 6. The capital stock of said corporation shall be thirty capital stock,
thousand dollars, divided into shares of one hundred dollars
each, with the privilege of increasing the same to any
amount, not exceeding seventy-live thousand dollars, deemed
necessary by said corporation for the accomplishment of its
objects. Said shares of stock shall be transferable in such
manner as said corporation shall by its by-laws prescribe :
Provided^ that shares of stock in arrears for the payment
of any installment due thereon shall not be transferable:
A7id provided further, that shares of stock so in arrears
shall be subjected to such penalties and forfeitures as may
be fixed by the by-laws of said corporation.
§ 7. The persons enumerated in section 1 of this act are stock subscrip-
hereby constituted a committee to open books for subscrip- '°°'
tion to the stock of said corporation ; and whenever twenty
thousand dollars of such stock shall be subscribed, said com-
mittee shall call a meeting of the stockholders, first giving
one week's notice of the time and place of such meeting in
some newspaper printed in the city of Rockford, at which
meeting a majority of the stockholders present may organ-
ize said corporation, by the election of officers. The officers
so elected may at once make calls upon the stock subscribed,
and may proceed to carry out the objects of said corporation.
^ 8. Each stockholder shall be entitled to one vote, at X°*j*%°^ ^'°*'^"
all meetings of stockholders, for each share of stock by him
held, and absent stockholders may vote by proxy : Provided,
that no stockholder shall be entitled to vote at any meeting
who may be in arrears for the payment of any installment
due on his stock.
§ 9, The times of the regular meetings of said corpora- Meetings.
tion shall be fixed, and may be altered, from time to time,
by its by-laws ; and special meetings of said corporation
may be called by a majority of the officers thereof, public
notice of the time and place of such meeting being first
given one week in advance, in some newspaper printed in
said city of Rockford.
§ 10. Said corporation may, by its by-laws, provide securities.
what security its stockholders shall give for the payment of
any part of their stock which may be in arrears.
204
BUILDING ASSOCIATIONS.
§ 11. The fiscal year of said corporation shall commence
on the first day of May, and shall end on the thirtieth day
of April of each year.
§ 12. The oflicers of said corporation shall declare such
dividends on the capital stock of said corporation, annually,
or semi-annually, or quarterly, or monthly, as in their judg-
ment, the affairs of the corporation will permit.
§ 13. This act shall be a public act and shall take
effect from and after its passage.
Approved February 28, 1867.
In force March
5, 1S67.
AX ACT to incorporate the Chicago Building Block Compan}',
Corporators.
Capital stock.
Section 1. Be It enacted hy the People of the State of
Illinois^ rejpresenteclin the General Assembly^ That W. W.
Boyington, J. B. Stillson, John Y. Farewell, and their asso-
ciates, are hereby created a body politic, under the name
Nameandstyie. and Style of "The Chicago Building Block Company." As
such they shall have perpetual succession ; may sue and be
sued in any court whatever, with powers and privileges as
hereinafter provided.
§ 2. The capital stock of said company shall not exceed
five hundred thousand dollars, in shares of one hundred
dollars each; but when sixty thousand ($60,000) dollars
shall have been subscribed and thirty thousand dollars paid
in, in cash, the said company may organize and proceed to
business under this charter.
§ 3. The business of said company shall be conducted,
and its corporate powers exercised, by a board of directors,
not exceeding five, nor less than three. The above corpo-
rators shall constitute the first board ; and annually there-
after, alter its organization, the stockholders shall elect
directors. The directors shall have power to make such by-
laws for the management of the business of said company
as are not inconsistent with the laws of this state or of the
United States.
§ 4. This company shall have power to buy, lease, hold
and sell real and personal property, both in the transaction
of its business and in the settlement of any claim or de-
mand arising out of their business, and to exchanoe the
same for other property, as they may determine the inter-
ests of the company require, and to borrow money.
§ 5. The stockholders of this company shall be liable,
in proportion to the amount of stock subscribed by them,
for any debts against said company contracted prior to the
Possession of
real e-<tate and
property.
Liabilities of
stockholderB^
BUILDING- ASSOCIATIONS. 205
fall payment of their subscriptions to said stock until said
subscriptions are paid in full.
§ 6. This [act] is to be deemed a public act, and be in
force from and alter its passage.
Approved March 5, 1867.
AN" ACT to incorporate the Mercantile Building Association. In force March
5, 1&67.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assemhhj, That Henry
M. Smith, Edward Burling, Charles Daegling, Cornelius
R. Field, Peter Page and Edward Bauman, and their asso- corporators,
ciates, successors and assigns, be and are hereby created a
body corporate and politic, under the name and style of the
" Mercantile Building Association," with all powers, rights,
privileges and immunities incident to corporations and
necessary or useful for the purposes of this act.
§ 2. The capital stock of the said association shall be not capital stock.
less than three hundred thousand dollars, nor more than five
hundred thousand dollars, and be divided into shares of one
hundred dollars each, and be issued and transferred in such
manner and under such conditions as the directors of the
said association shall, by the by-laws thereof, prescribe.
§ 3. The corporate powers of the said company, shall Directors,
be vested in and exercised by a board of directors, con-
sisting of such number of persons, not less than three nor
more than seven, as the stockholders of said association
may from time to time direct. The said directors shall be
chosen by the stockholders at such time and place as may How chosen.
be fixed by the by-laws of the said company and shall hold
their offices for one year and until their successors are office tenure.
elected and qualified. They shall elect one of their num-
ber president of said association, and may till any vacancy President.
in the said board occasioned by death, resignation or other- ^^°^^°'^*-
wise, for the unexpired portion of the term of ofiice so
becoming vacant; and may make such rules, by-laws and Rules, by.iaws,
regulations, and appoint such ofiicers and servants as they
may from time to time deem expedient. Until an election
of directors, as herein provided, the persons named as cor-
porators in the first section of this act shall constitute a
board of directors, and shall have and may exercise all the
powers of such board.
§ i. The said corporation shall have power to purchase, m^;^ Cw 'real
hold and acquire, by lease or otherwise, real or personal estate,
estate, situate in the city of Chicago ; said real estate not
exceeding one acre — and construct and erect buildings
thereon, and the same may sell, convey or lease, in such
206 CAMP GROUND ASSOCIATION.
manner and upon such terms as the said association may
think lit and proper.
§ 5. It may be lawful for the said association to borrow
money, and the same, or any of its indebtedness, to secure,
by mortgage, deed of trust or other security.
§ 6. This act shall be deemed a public q.ct, and take
effect from and after its passage.
Approved March 5, 1807. -
In force March AN ACT to incorporate the Cliicao;o District Camp Ground Association.
7,18G7.
Section 1. Be it enacted hy the Peoj^le of the State of
Illinois^ rejjresented in the Greneral AssernUy, That Geoi'ge
F. Foster, Charles M. Lindgren, Ranson F. Clough, RoV
corporators. q^^ ^y ^ Mcacham, Thomas 0. Hoag, Joseph E. Kennicott,
John 13. Ayers, James S. Kirk, Eldridge T. Rider, trustees,
and their successors m office, be and they are hereby created
and constituted a body politic and corporate, under the
Nameandstyie. name and style of "The Chicago District Camp Ground
Association ;" and, henceforth, shall be known by that
name and style, and have perpetual succession, with power
to sue and be sued, plead and be impleaded; to acquire and
hold such property, real and personal, as shall be necessary
for carrying into successful elfect the objects of said
Corporate pow- associatiou ; to have and use a common seal ; to make and
®'"^" alter from time to time such by-laws as they may deem
necessary for the proper management and control of the
property, grounds and personality of such association, and for
the government of said asssociation, its officers and servants :
Proviso. Provided, such by-laws are not inconsistent with the consti-
tution and laws of this state and of the United States.
o'ijcct. I 2. The object of said association shall be to furnish con-
venient and accessible grounds, within the town of Maine,
in the county of Cook, in said state of Illinois, for the
holding of camp meetings, under the direction and authority
of churches in connection with the Rock River Conference
of the Methodist Episcopal Church, in said state ; and for
that purpose the said association is hereby empowered to
purchase, or acquire by donation, a tract of land in said
town of Maine, of not exceeding eighty acres ; and the
same to improve, adoi-n and lit up, for use as aforesaid, at
its discretion. And, while such grounds shall be used for
religious meetings, the same with the improvements and
fixtures, shall be exempt from taxation.
^tees!°°°'*^"^' § ^' ^^^^ association may elect at the annual camp
meeting, to beheld during the year a. d. 1867, or, in default
of such meeting being held, at the first camp meeting held
CAMP GEODND ASSOCIATION. 207
after the passage of this act,bj the preacher and one lay mem-
ber elected by the quarterly conference of each charge in
the Rock River Conference choosing to be represented in
said association, nine trustees of said association ; three of
said trustees to hold office for the term of one year, three to ^^^^^ ^^ ^^^^
hold office for the term of two years, and three to hold
office for the term of three years and until their successors
shall be elected ; and, thereafter, at the annual meetings of
said association, said association may elect trustees of said
association to fill the vacancies occasioned by the death, ^^•^-'^"^y-
removal, resignation or expiration of office of any trustee;
which trustees shall hold office for the term of three years
and until their successors shad be appointed.
§ 4. The said trustees shall have power to appoint a officers,
president, vice-president, secretary and treasurer, from their
number, and to employ such agents and servants as may be
necessary lor the purpose ot carrying out the object of said
association.
§ 5. The said trustees and their successors, and the tZ%yohr^l'-
officers and servants of said association, shall each and every ^^^s-
[one] of them, during the occupancy of the grounds of said
association by religious* assemblies, be vested with police
powers, with authority to arrest, upon view, all persons
guilty of any breach of the peace, disorderly conduct, dis-
turbance of such religious assembly, infraction of the pub-
lished rules of said association, or of any oliense against
the laws of this state, and take such offenders before any
justice or justices of the peace in Cook county, to be dealt
with ^according to law; and such justice or justices are
hereby authorized to hold court on said premises.
§ 6. The said association shall have power, and are hereby ^saie'onrq" orsf
vested with authority, to prohibit upon its grounds and for etc.
a space of one hundred and sixty rods in width on all sides
of their grounds the selling or giving away of all fermented
vinous, or spirituous liquors, and to prohibit huckstering
and tlie selling of all articles calculated to disturb religious
meetings, and may under its police powers, above conferred,
arrest any person in the act of so selling or giving away
any such liquors, or huckstering or selling any articles to the
disturbance of such meetings and take him or her before a
justice of the peace, to be dealt with according to the provi-
sions of section 7 of this act.
. § 7- Any person who shall be guilty of selling or giving
away any fermented, vinous or spirituous liquors, or selling
any articles to the disturbance of such meetings, contrary
to the provisions of any by-law^of said association, enacted
under the provisions of section 6, of this act, shall be sub-
ject to a fine of not exceeding fifty dollars for each and
every otiense, recoverable before any justice of the peace
of said county of Cook.
Penalties for
208
Publication
notice.
CEMETERIES.
§ 8. No person shall be liable as an offender against
any of the provisions of this act or any by-law of said
association, unless the said association shall have posted in
a conspicuous place or places the full tenor of such by-law
or provision against which such alleged offense shall have
been committed,
§ 9. This act shall be in force from and after its pas-
sage.
Approved March 7, 1867.
In force Febru-
ary 120, 18G7.
AN ACT to incorporate the Winchester Cemetery Association,
Corporators.
N c8 me and style
Powers
privilej
Section 1. Be it enacted by the People of the State of
Illinois^ repres€ntedi7i the General Assembly, That Nathan
M. Knapp, William C. Berry, James Watt, George G.
Terry, Albert G. Burr, and their successors, are hereby
incorporated as an association, by the name and style of
"The Winchester Cemetery Association ;" and by that name
and style shall have perpetual succession, with power to sue
and be sued, plead and be impleaded in all courts of law
and equity.
§ 2. Said corporation shall have power to lay off, estab-
lish and control suitable grounds for a cemetery, in the
vicinity of Winchester ; shall have full power, by suit,
before any justice of the peace, to recover penalties for any
and all trespasses or injuries committed or permitted on the
grounds appropriated as a cemeterj' ; to assess and collect
from owners of lots therein such sums as may be necessary
to be expended in repairing fences or keeping the grounds
in good order and condition.
§ 3. Said corporation shall, on the first Monday in July,
A. D. 1869, publish a call for the lot owners in said cemetery
Election oitrus- to assemble at some suitable place and elect five trustees,
tees. ^yi^f) shall succeed said corporators as the legal represen-
tatives of the incorporation hereby created, with all the
powers and authority hereby vested in them. And on the
first Monday in July of each biennial year thereafter such
election shall be ordered and held : Provided, a failure at
Proviso. any time to elect such successors shall not forfeit the rights
ot' said incor])oration, but the incumbents then holding shall'
remain charged with the duties and vested Avith the authori-
ty herein expressed, until the next period fixed for such
Proviso. election : And ^^^'ovided, further, in case of vacancy, by
death or resignation, of any corporator or trustee, the sur-
vivors of them may elect a successor.
§ 4. This act shall be in force from and after its passage.
Approved February 20, 1867.
CEMETERIES. 209
AX ACT entitled an act to incorporate Elmwood Cemetery, of Litclifiekl, In force Feb.
Ilhiiois. '
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Kobert corporators.
II. Peal], E. M. Gilmore, Eliznr Sonthworth, David Davis,
jr., William T. Elliott, W. E. Bacon, Richard W. O'Baii-
non, Daniel NefF, H. II. Hood, and Daniel iVl. Sparks, and
Louis Whitaker, and their associates and successors, be and
they are hereby created a body corporate and politic, by
the name and style "Elmwood Cemetery Association," of Name,
the city of Litchfield, in the county of Montgomery, and
state of Illinois ; and by that name and style to have per-
petual succession, and all the powers, rights, liabilities and
immunities incident to a corporate body.
§ ii. The officers of said association shall be seven direc- officers,
tors, and such other officers as by this act may be authorized
or created ; each of whom shall be the owner of one or
more lots in the cemetery of said association. Said direc-
tors, or a majority of them, in all cases, shall cnnstitute a
board for the transaction of all business, and the manage-
ment of all property of said association, and shall be
elected by ballot on the first Tuesday in March of each
year, and shall hold their offices until their successors are
elected.
§ 3. Said hoard of directors shall choose from their own ^/g'^'j^fj'/j^f''^
number a president, a secretary, and a treasurer, and shall
appoint a sexton, and such other officers as the interest of
said association may require. A bond, with security, shall ^^^^^^y-
be taken by said board from said treasurer, for the faithful
discharge of the duties of his office.
§ 4. " At all elections of said association, two of said di- Elections,
rectors shall act as judges, and the secretary of the board
as chief clerk thereof; and said clerk shall, within ten
days after each election, give to the persons chosen a certi-
ficate of their election. Said board may, on giving ten
days' public notice thereof, hold a special election for tilling
the vacancy or vacancies occasioned by the death, resigna-
tion or removal of any of said directors.
§ 5. Every person having a title of one or more lots in Membership.
said cemetery, shall be a member of said association, and
entitled to one vote only. Absent members shall have
power to vote by proxy, authorized by writing, first filed
with the secretary of said board.
§ 6. Said board of directors shall have power to pur- Powers, etc.
chase, receive by grant or otherwise, and hold lands, not
exceeding one hundred acres, for a cemetery, and to survey
and lay out the same into lots suitable for the burial f»f the
dead ; also, to sell and convey the same, by certificates of
purchase, signed and acknowledged by the President and
210 CEMETERIES.
attested by the secretary, as hereinafter provided ; and the
purchasers thereof, their heirs and assigns, shall use their
Eimwood cem- said lots f>r burial purposes only: I^rovided, that Elm-
fiei(7°incorpo- wood Cemetery Association, at Litchfield, Illinois, as the
with! ^^'^' same now exists, be and is hereby incorporated into this
association ; and the cemetery grounds of said association,
as the same have been platted and recorded and are now
being used for the burial of the dead, shall be used by this
association in the same manner as if surveyed and platted
under the direction of this association ; and every owner of
one or more lots therein shall be considered a member of
this association.
Disposition of g 7, The procccds arising from the sale of said lots
ssxie^^^^ ° shall be applied by said directors in inclosing, protecting
and ornamenting said cemetery, and in making such other
improvements thereon, and for such other purposes for the
interest and objects of said association as the said directors
may deem necessary or appropriate. And said board of
By-laws, etc. directors shall have power to e-tablish and change by-laws,
prescribe rules and regulations for the appointment, term
of office, duties and fees of their officers, the government of
the association, and the general supervision and control of
its property. Said board may, for cause, remove any of
the officers of its appointment.
Seal and device. g g^ g^id association shall have a corporate seal, with
such device and inscription thereon as may be determined
by said board of directors. All deeds and other writings
made or issued by said association shall be signed by the
president, attested by the secretary, and sealed with the
corporate seal.
^reeords*'°of °^ ^ ^' ^^^'^ board of directors shall cause to be kept and
preserved, in a book or books provided by them for that
purpose, a full and complete record of all their meetings,
proceedings, orders, purchases and sales of property, with
the names and parties thereto ; also, a complete register of
the burials in said cemetery, with the names and ages of
the dead ; which book of record, as well as all other books
kept by the board of directors or their secretary, shall at all
times be open for the inspection of the members of said
association.
Rii^htsof prop- § 10. The right of property to any lot or lots in said
cemetery shall be vested in the purchaser by certificate of
purchase, signed by the president and attested by the sec-
retary, and sealed as hereinbetore provided; which certifi-
cate shall be recorded by the secretary. Every transfer of
such certificate shall be made by surrendering the same to
the secretary, who shall issue a new certificate to the
assignee, and cancel the former. Lots owned by individ-
uals in said cemetery shall not be subject to be sold in exe-
cution for debts.
meetings.
erty.
CEMETEEIES. 211
S 11. A plat of all lands owned by said association shall Piatofiandsie-
o I: 1 1 !■ • Quired
be made by some competent surveyor, under the direction
of said board of directors, attested by the said surveyor,
and acknowledged by the president of said association, be-
fore any officer authorized to take acknowledgments of
deeds ; and, when so attested and acknc^wledged, shall be
recorded in the recorder's office of Montgomery county,
state of Illinois ; and such recording shall give to the record
all the force, efiect and virtue that is by law given to records
of town plats.
S 12. All the property and eflects of this association Property ex-
, ",, , i i' i. ;.• empt from tax-
shall be exempt trora taxation. atioa.
§ 13. This shall be considered a public act, and shall be
construed beneficially for all purposes herain specified or
intended ; to be in force from and after its passage.
Approved February 21, 1867.
AN ACT to incorporate the Coilinsville Cemetery Association. In force Feb. 28
1S6T.
Section 1. Be it enacted hij the People of the State of
Illinois, represented in the General Assembly, That J. M.
Lawrence, J. W. Peers, M. Weisenberger, D, D. Collins, corporators.
H. Wing, A. W. Brown, J. K. Bretelle, J. L. R. Wads-
worth, A. Sumner, George Miller, J. Kremer, J. C. Moore,
H. Ripley, J. S. Peers, Thomas Munn, Wm. Stevens, or
any five of them, be and they are hereby constituted a body
politic and corporate, by the name and style of " The N^me and style.
Coilinsville Cemetery Association ;" and by that name to
have perpetual succession; and shall have and possess and
be invested with all the powers, rights, privileges and
immunities incident to a corporate body.
§ 2. The objects of the said association shall be to lay out, objects,
inclose, improve and ornament a piece of ground, as a
burial place for the dead ; and for these objects the persons
above named, or any five of them, and any other or others
whom they may elect as associates, may acquire, by pur-
chase or donation, any lands adjacent to the city of Coilins-
ville, in the county of Madison, not exceeding one hundred
acres ; and may sell and convey the same in parcels or lots,
one or more, of such dimensions as they may determine
upon.
§ 3. The officers of the said association shall be such as officers,
the members of the association, or a majority of them, may
from time to time determine upon and elect ; and the duties Duties and pri-
and privileges of such officers shall be determined by a '^''^s^^^f-
majority of the members of the association ; and any or all
of the business or affairs of the association may be conducted
CEMETERIES.
Evidence of.
Lots and own'
by one or more officers, at the election of a majority of tlie
members.
§ 4. Tlie members of this association, or three-fourths
of them, may from time to time increase their numbers ;
and a majority of them may make by-laws, rules and regu-
lations for their government in all matters concerning the
association and its business and affairs ; they shall procure
a corporate seal, with such device or devices as tliey may
choose, wherewith all deeds, certificates and other writings,
made and issued by said association, shall be sealed ; and
they shall keep a legible, clear and true record of all pro-
ceedings, orders, purchases, sales, payments, receipts, and
burials, with name, birth place and age, when obtainable,
of the deceased ; which record shall be open to the inspec-
tion of any or all of the members of said association : Pro-
vided^ that the officer whose duty it shall be to make such
record, shall not be compelled to record burials, with name,
etc., without a fee, not exceeding sixty cents, to be paid by
the party requiring the record.
§ 5. The association shall cause the ground w^hich they
may acquire, or any part thereof, to be laid out into lots,
avenues, walks and alleys, suited to the objects hereinbefore
named ; and whenever the same is so laid out, and recorded
in the office of the recorder for Madison county, the part so
laid out and dedicated and kept for the objects hereinbe-
fore named, shall forever thereafter be exempt from all
assessments and taxation, and from seizure and sale on
execution, or by any order or decree of any court, and from
any appropriation for public uses or purposes, unless for
such uses or purposes the majority of the members of the
association and owners of lots shall consent thereto ; but
the association may lease or rent out any portion of the
ground which they may have acquired and not laid out, as
above described, and use the income from the same for the
objects hereinbefore mentioned.
§ 6. The conveyance of lots from the association to
individuals may be by certificate, signed by two officers,
thereto authorized by the association and sealed with the
corporate seal of the association ; and every such certifi-
cate, so signed and sealed, or the record of the same made
by the proper officer of the association, or a certified and
sealed copy of such record of the same, shall either of them
be evidence of ownership in any court in this state.
§ 7. Lot owners may hold one or more lots as tenants
in common, but no lot shall be so alienated that difierent
persons may hold the same or parts thereof in severalty ;
nor shall the conveyance of any lot or lots, from any owner
or owners to any other person or persons, be valid or com-
plete until the same shall have been entered upon the
record of the association, and until a sealed certificate of
purchase or conveyance shall be issued by the proper officer
, CEMETERIES. 213
of the association ; for which sealed certificate said officer
shall be entitled to a fee not exceeding sixty cents.
§ 8. The association may require any lot owner or Repairs of lots,
owners to keep in good order and repair any lot or lots
owned by him, her or them, and to the efi'ect thereof, should
such owner refuse or delay beyond thirty days after writ-
ten notice to repair or put in order his, her or their lot or
lots, then such owner or owners shall be debarred from all
rights, privileges, immunities and proceedings in all and
any matter or matters concerning the association or owners
of lots, and remain so debarred until such repair or order
be completed : Provided^ that the association shall not
require at any one time any repairing or putting in order
which shall exceed in cost the original purchase price of the
lot or lots needing such repairs.
§ 9. Lot owners shall at all times have a right of way, Risht of way.
in his or her own person, over any avenue, walk or alley
laid out for the objects of the association, and also to pass
and repass, in contormity with the rules and regulations of
the association, over any of the avenues, walks or alleys so
laid out.
§ 10. Any person who shall destroy, injui'e, disturb, or Penalty for in-
in any way molest any tomb, vault or grave, within the in- stmetion of
closures of the said association, with the intention or pur- farj'rference^^
pose of removing any body, or clothing, or ornament, or ^''^ bodies.
jewel therefrom, or any person in any way aiding or
abetting in the same, without permission from the proper
officer of the association, shall be deemed guilty of felony,
afid, upon conviction, shall be fined in a sura sufficient to
pay all the costs of replacement and repair, and all the costs
of arrest and suit and prosecution, and shall be imprisoned
in the state penitentiary for a term not less than one year.
And any person who, without consent of the owner or
owners of the lot or lots whereon the same may stand, shall
destroy, injure, disturb or any way molest, any monument,
slab, stone, tree, shrub, plant, or other thing, within the
inclosure of the said association, shall be deemed guilty of
an offense, and shall, upon conviction, be lined in a sum
sufficient to pay all the costs of replacement and repair, and
all the costs of arrest and prosecution, and shall be im-
prisoned in the county jail for a term not less than three
months.
§ 11. This act shall be a public act, and shall take effect
and be in force from and after its passage.
Approved February 28, 1867.
214 CEIMETERIES.
In force March AN ACT to incorporate the German Pilgrim's Rest Cemetery Company.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly. That Fredrick
Letz, Angiistus Baur, John Henry JVIuehlke, Louis Haas and
H. Henry Deverman, their associates and successors, be
and they are hereby created a body politic and corporate,
Name and style, by the name and style of the German Pilgrim's Rest Ceme-
try Company, and by that name shall have perpetual suc-
Po\yers. ccssiou, and have power to contract and be contracted with,
sue and be sued, plead and be impleaded in all courts of law
or equity; may have a common seal and alter the same at
pleasure, and have all the powers, rights and immunities
incident to a corporation.
Directors and § 2. The busiucss affairs of said corporation shall be
officers. managed by a board of live directors, a president, secretary
■ and such other officers, agents and servants as said board
may by their by-laws create and iiold their office for the term,
and be elected as by their by-laws may be provided. The
persons named in the preceding section shall constitute the
first board of directors.
^weJancfbusi"- § ^- '^^^^ board of directors shall have power to receive
!i(?ss. ' subscriptions for the purchase of property and the laying
out and ornamenting grounds for cemetery purposes, and
may issue certificates representing the interest of the sub-
scribers in the property held by the corporation and in the
proceeds of the sale of burial lots, and the individual inter-
est represented by such certificates shall be assignable and
transferable only in such way as the by-laws may provide.
The directors may call in such subscriptions at such times and
in such payments or installments as they shall deem proper,
and may compel the payment of installments so called in by
suit or forfeitures to the corporation of the interest of any sub-
scriber refusing to pay such installments so called in, or by
sale of such part or the whole of his interest as may be
necessary to pay such installment. The corporation may
receive through the directors, at their option, such real
estate or personal property at an equitable valuation, in
payment of subscriptions, as they may deem available for
the purposes of the corporation. No subscriber shall be
liable for the debts of the corporation in a greater amount
than the interest owned by him.
Possession of § 4-. Thc cor])oration may through the directors obtain,
real estate. ^.^^ \\(AA real cstate by purchase, exchange or otherwise,
for cemetery purposes, in the town of Lake View in Cook
county, to an amount at no time exceeding eighty acres,
provided, that said corporation locates and establishes such
cemetery grounds, north of the present north line of the
Graceland cemetery in said town of Lake View, county of
Cook, Illinois, and if the corporation in order to obtain
CEMETERIES. 215
suitable cemetery grounds, finds it necessary to purchase
any land which may notbe actually needed or fit for burial
purposes, such land may at the discretion of the directors,
be afterwards sold, exchanged or disposed of.
§ 5. The directors shall have authority to lay out and Directors- -m-
ornament for cemetery purposes the grounds acquired as dmieJ. '''"'^
aforesaid to make and have recorded in the recorder's office
of said Cook county, a plat of such grounds and of any
grounds the said corporation may from time to time acquire
and the tiling of such plat or plats for record shall operate
as a legal vacation of any former plats or subdivision of
such grounds, and of any streets, roads or avenues passing
through or between such grounds or parcels of grounds ;
they may also erect npon such grounds, such buildings,
tombs, inclosures or other structures, as they may deem
advisable ; may arrange, sell and dispose of the burial lots
on such terms and with such conditions for the permanent
care and preservation of the cemetery and all its parts and
ornaments, as they think proper and fitting. The right of
property to anj burial lot shall be transferred to the pur-
chaser by a certificate of purchase describing the lot by
number or othei'wise, signed by the president and counter-
signed by the secretary.
§ 0. The directors may make and from time to time alter. By-iaws, etc.
amend or repeal the same, all necessary by-laws, regulating
the election of directors and defining their term of office, duties,
powers, providing for the election of president and secretary
and the election or appointment of any other officers or
agents, and prescribing their term of office, duties and com-
pensations, prescribing and governing the rights, duties,
privileges, and restrictions of owners of lots and visitors to
the cemetery, providing for the government of the corpora-
tion and the general supervision and control of its property
and may prohibit any use, inclosure or adornment of a
lot which they may deem improper. The directors may
require from the treasurer or any other officer or agent, a
bond to the corporation in such sum as they may deem
proper, conditioned for the faithful discharge of the duties
of his office. All deeds and other writings made by the
corporation shall be signed by the president, countersigned
by the secretary and sealed with the corporate seal.
§ 7. Lots sold for burial purposes shall not be afterwards subdivision of
subdivided, except by permission of the directors, and shall '°'*-
be exempt from taxation and from execution and attach- Exempt from
ments, provided that no person shall hold at one time, more taxation.
than four lots so exempt; and all real and personal estate
of the corporation, held or intended for burial uses or pur-
poses or for the general use of lot owners, provided in the
case of real estate, that it shall have been platted as cemetery piats.
grounds, and the plat recorded, shall be similarly exempt.
216 CEMETEEIES.
^ance"^^""^^^^' § ^- ^^^^ ^'^^^ ^J ^^^^ Corporation for burial purposes,
shall be used for such purposes onlj, and shall not be sold
or conveyed by the owner without the consent of the direc-
tors.
§ U. The corporation may take by grant, donation,
devise or bequest, and hold any property, real or personal,
upon trust to apply the same, or the proceeds thereof upon a
sale thereof, or the income thereof through its dii-ectors in the
improvement or embellishment of its cemetery, the erection,
repair, preservation or renewal of tombs, monuments,
grave stones, fences, buildings, the planting and cultivation
of trees, shrubs, flowers and plants in and around the ceme-
tery, or any lot or part thereof, or for improving the same in
any other manner or form consistent with the general
design of this act, according to the terms of such grant,
donation, devise or bequest.
Penalties lor in- § 10. If any pcrsou shall clandestincl}' opcu an}^ tomb
and'°fesfmc- Or grave in said cemetery, and shall remove, or attempt to
tion of proper- removc any body or remains therefrom, such person upon
^' conviction thereof in any court of competent jurisdiction,
shall be sentenced to undergo an imprisonment in the state
prison at hard labor, for a term of not less than six months
nor more than one year, or pay a fine of not less than one
hundred nor more than five hundred dollars or both, in the
discretion of the court having jnrisdiction thereof, and any
person who shall willfully destroy, mutilate, deface, injure
or remove any tomb, monnment, gravestone or other struc-
ture placed within the inclosure of said cemetery company,
or any fence, railing, or other work, erected for the protec-
tion or ornament of said cemetery, or any tomb, monument
or grave stone, or other structure, placed therein as afore-
said, or shall willfully destroy, cut, break, injure or remove
any tree, shrub, plant or any part thereof within the limits
of said cemetery, or shall shoot or discharge any gun or
other firearms, or any tire works [or] other missile capable of
doing any injury to any structure or plant as aforesaid
within the limits of said cemetery aforesaid, shall be deemed
guilty of a misdemeanor, and shall upon conviction thereof,
before any justice of the pence, be punished by a fine of
not less than five dollars nor more than one hundred dollars,
or upon conviction thereof before any other court of com-
petent jurisdiction shall be punished by a fine as aforesaid,
or by imprisonment for a term not exceeding one year, or
both, at the discretion of the court having jurisdiction
thereof, according to the nature and aggravation of the
offense ; and such ofiender shall also be liable in an action of
trespass to be brought against him in any couit of compe-
tent jurisdiction in the name of said company, to pay all
such'damages as shall have been occasioned by his unlawful
act or acts, which money, when recovered shall be applied
by the said corporation, through the directors, to the repara-
CEMETERIES. 217
tion and restoration of the property destroyed or injured
as above ; and members of the said corporation shall be
competent witnesses in such suits. And to enable the said
corporation to enforce the provisions of this section, power
and authority are hereby given to the supermtendent and
gate keeper"^of the said corporation, for the time being,
respectively, to arrest without process, any person or per-
sons found'within said grounds or within eighty rods thereof,
who to their knowledge may have committed any offense
against the provisions of this section, and shall carry such
offender or offenders before a justice of the peace for trial
or examination.
§ 11. JSIo roads or streets, or other thoroughfares shall
be laid out through any property selected and held by said
cemetery company for burial purposes, without consent of
the directors of said company, nor shall any of the lands so
selected and held be condemned for right of way by any
other corporation for any purpose whatever: Provided^ that
this section simil only apply to such lands as shall have been
platted and recorded as hereinbefore provided for.
§ 12. The directors shall of the proceeds of all lots,
sold b}'- them for burial purposes, after January 1st, 187^,
set apart ten per cent, as a reserved fund, which they shall
invest in such securities (not personal or individual) as they
may deem proper, and in like manner invest the income
thereof until the amount so invested, shall reach the sum of
ten thousand dollars, which shall remain a permanent fund,
not to be diminished. The income whereof shall be from time
to time used and applied by the directors in the improvement,
adornment, preservation and maintenance of the grounds,
walks, shrubbery inclosures, structures, monuments, me-
morials, and all other things in and about said cemetery,
properly appertaining to the same, so that the same may be
properly and decently kept, adorned and preserved forever.
§ 13. Said board of directors shall cause to be kept and Book of record
preserved in a book or books, provided by them for that
purpose, a full and complete record of all their meetings, pro-
ceedings, orders, purchases and sales of property with the
names of parties thereto, also a complete register of the' Register of in-
burials in said cemetery with the names and ages of the dead, ^®""®"*^' ®'^-
which book of record, as well as all other books kept by
the board of directors or their secretary, shall at all times be
open for the inspection of the members of said association,
§ 14. In laying out said cemetery gronnds, the directors indices.
shall cause the corners of the principal subdivisions to be
indicated by stone posts to be fixed permanently in the
ground as starting points for future measurements and
surveys, and such posts shall be plainly indicated on the
plat or plats provided for in section five. The plat or plats
when completed shall be certified by the surveyor who
made the same and acknowledged by the president or sec-
Vol. 1—15
218 CEMETERIES.
retary of said corporation, before any officer authorised by
law to take the acl<:nowledgment of deeds, and a certiticate
of such acknowledgment shall be appended to such plat,
before the same shall be entitled to be recorded.
§ 15. This act shall take ettect from and after its
passage.
Appeoved March 1, 1867.
In force Feb'y
28, 1867.
AN ACT' to incorporate the West Aurora Cemetery Company,
Section 1. Be it enaeted hy the People of the State of
Illinois, represented in the General Assejnhly, That Lester
Corporators. w_ Gray, David B. Waterman, Wm. McMicken, Joseph G.
Stalp, William Y. Plum, Daniel Yalentine, liobert lianna,
Charles L. Hoyt, Theodore Lake, Clark Wilder, Wm. A.
Tanner, Benjamin F. Fridley, liupell C. Mix, David W.
Hurd, L. A. Winslow, and such others as may become sub-
scribers, as hereinafter provided, and who shall have paid
in twenty-live per cent, of subscriptions, and owners of lots,
in said cemetery, be and they are hereby created a body
politic and corporate, in fact and in name, by the style and
style and title, title of " The Wcst Aurora Cemetery Company ;" and by
that name shall have perpetual succession, and be capable
of suing and being sued, contracting and being contracted
with, of pleading and being impleaded in any court of law
Powers. or equity in the state of Illinois ; and they and their suc-
cessors may have a common seal, and make and alter the
same at pleasure, and do such other things as are incidental
to a corporation and not inconsistent with the constitution-
Proviso, of the state of Illinois : Provided, the owners of lots or any
part or parts of a lot, as such lot owner, shall not have the
right to vote in any election of officers until all of the in-
debtedness of the said company shall have been fully paid ;
and when the whole indebtedness shall have been paid, then
the owners of a lot or lots in said cemetery shall become sole
corporators, and such corporators shall be entitled to one
vote in the election of officers of said corporation, and no
more.
Officers. § 2. The officers of said corporation shall be a president
and five directors, a secretary, and treasurer, which said
officers shall be chosen every three years, by ballot, and
shall hold their respective offices for [the] said term of three
years and until their successors shall have been chosen and
qualified. Said president and directors shall constitute a
board of directors of the West Aurora Cemetery Company.
In case a vacancy in any of said offices shall be occasioned
by the death, resignation or removal from the town of
Vacancy.
CEMETERIES. 219
Aurora, or otherwise, of the incumbent, before the three
years shall have expired for which he shall have been
chosen, then such vacant office may be tilled by appointment
by the board of directors : Provided^ no person shall be Proviso,
qualitied to hold any of said offices who shall not reside in
said town of Aurora, and who shall not be a corporator and
entitled to vote. A majority of the board of directors shall
constitute a quorum to do business.
§ 3. The first election of said officers shall be held at Time and place
such convenient time and place, within one year after the eLeiion?^ *^'^'
passage hereof, by the above persons, whose names are men-
tioned in the first section of this act, on due notice thereof
having been given, in writing, to each of them, by two of
their number. The treasurer shall give bond to the corpo- Treasurer's
ration in such penal sum and conditioned in such terms and '^°°'''
with such security as the board of directors shall direct.
§ 4. The said board of directors shall have power to re- Powers of board
ceive subscriptions for the purchase of property and the ^^ <^'i'ectors.
laying out and ornamenting of grounds for cemetery pur-
poses, as contemplated in this act, and may issue certificates
or other evidences representing the amount of money paid
in by the subscribers, payable within ten years after their
dates, with interest at ten per cent, per annum, payable an-
nually ; and said board of directors shall have authority to
call in and demand from the subscribers respectively such
portions of the sums of money by them subscribed at such
times as they may deem proper, and compel the payment
thereof by proper suits at law or in equity.
§ 5, Said board of directors, and their successors in office. Possession of
shall have power and authority, in the name of said com-
pany, to obtain possession of real estate and title thereto, by Titles.
purchase, exchange or otherwise, for cemetery purposes, in
the township or city of Aurora, Kane county, Illinois ; to
hold the same to an amount at no time exceeding one hun-
dred acres of land, and to sell, exchange or dispose of any
part or parcels of land that said board may be compelled to
purchase in order to obtain such grounds, as may not be
actually needed for burial purposes.
§6. Said board of directors, and their successors shall have cemetery
authority to lay out and ornament, for cemetery purposes, srounds.
such grounds as they may acquire, as aforesaid ; to make and
have recorded in the recorder's office of Kane county a plat piats of.
of such grounds and of such additions thereunto as they may '
make at any time ; and the filing of such plat for record shall
operate as a legal vacation of any former plat or subdivision
of the same, and of any roads, streets or alleys passing
through the same ; also, to erect such buildings, tombs, in- Buildings,
closures or other structures as they may deem advisable ; to *°™^'*' *'°-
arrange and dispose of burial lots on such terms and with
such conditions for the permanent care and preservation of
the cemetery, or any part thereof, as they may agree with
Officers and
asients.
220 CEMETERIES.
such purchasers ; to appoint such additional officers and
agents to those herein indicated as thej may deem necessary
for the management of the concerns of the corporation ; to
make such by-laws and regulations relative to the election
of officers and agents of said corporation and of their re-
Ruiee,etc. spcctivc dutics and compensations, and to make such rules
and regulations from time to time for the government o± lot
holders and visitors to the cemetery as they may deem
necessary.
Lots for burial § 7. All lots sold fop burial purposes by said cemetery
purposes. company, when conveyed by the corporation to individual
proprietors, shall be indivisible, but may be held and owned
Indivisible. in undivided shares, and shall be free from taxation, execu-
tion and attachment : Provided, that no one person shall
Number held by hold at any onc time more than four lots so exempted ; and
individuals. ^|j estate, real or personal, held by the company, actually
used by the corporation for burial purposes or fur the gen-
eral uses of lot holders or subservient to burial uses, (and
which real estate shall have been platted and recorded as
cemetery grounds,) shall be likewise exempt as above.
Lots held for § 8. Every lot sold by the cemetery company for burial
sepulture only, p^ij-poses shall be held by the proprietors for the pui-pose of
Transfers. scpulturc Only, and shall be transferable only by the con-
sent of the board of directors ; and no lot holder shall per-
mit interments in or upon any lot held by him for a con-
sideration.
Donations and § 9. The Said Corporation may take and hold any grant,
bequests. donation or bequest of property, real or personal, upon
trust, to apply the same or the income thereof, under the
direction of the board of directors, for the improvement or
embellishment of said cemetery, or for the erection, repair,
preservation or renewal of any tomb, monument or grave-
stone, fence, railing or other erection, or for the planting
and cultivation of trees, shrubs, flowers or plants, in or
around any cemetery lot, or for improving the said premises,
in any other manner or form consistent with the design and
purposes of this act, according to the terras of such grant,
donation or bequest,
§ 10, No streets or roads or other thoroughfares shall be
laid out through any property selected and held by said
cemetery company for burial purposes without the consent
of the board of directors ; nor shall any of the land so se-
Right of way. lectcd and held be condemned for right of way by any other
corporation, for any purposes whatever : Provided, that this
section shall only apply to such lands as shall have been
platted and recorded, as provided in section six (6) of this
act.
Penalty for in- § H- ^"7 persoH who shall willfuUy destroy, mutilate,
trucWon"'^or°^" dcfacc, injure or remove any tomb, monument, gravestone
property, or othcr structurc, placed Avithin the iuclosure of said ceme-
ftrounds, etc. ^^^^ company, or any fence, railing or other work erected
streets and
roads.
CEMETERIES. 221
for the protection or ornament of said cemetery, or any
tomb, monument, i^ravestone or other structure placed
therein as aforesaid, or shall willfully destroy, cut, break, in-
jure or remove any tree, slirub, plant, or any part thereof,
within the limits of said cemetery, or shall shoot or dis-
charo^e any gnn or other firearms, or any fireworks, or any
missile capable of doing any injury to any structure or ,
plant as aforesaid, within the limits of said cemetery,
aforesaid, shall be deemed guilty of a misdemeanor, and
shall, upon conviction thereof before any justice of the
peace, be punished by a fine of not less than five nor more
than one hundred dollars; or, npon conviction thereof before
any other court of competent jurisdiction, shall be punished
by a fine as aforesaid, or by imprisonment for a term not
exceeding one year, or both, at the discretion of the conrt
having jurisdiction thereof, according to the nature and ag-
gravation of the offense ; and such ofii'ender shall also be
liable in an action of trespass, to be brought against him in
any court of competent jurisdiction, in the name of said
company, to pay all such damages as shall have been occa-
sioned by his nnlawful act or acts ; wdiich money, when re-
covered, shall be applied by said corporation, under the
direction of the board of directors thereof, to the reparation
and restoration of the property destroyed or injured, as
above ; and members of the said corporation shall be com-
petent witnesses in such suits. And to enable the said cor-
poration to enforce the provisions of this section, power and
authority are hereby given to the superintendent and gate
keeper of said corporation, to enforce the provisions of this
section. Power and authority are hereby given to the
superintendent and gate keeper of said corporation, for the
time being, respectively, to arrest, without process, any per-
son or persons who, to their knowledge, may have commit-
ted any offense against the provisions of this section, and
shall carry such offender or offenders before a justice of the
peace, for trial or examination : Provided^ this section shall
extend to all persons under the age of ten years as well as
above.
§ 12. That the proceeds of the sale of lots shall be applied ^jj^'P°|;'^f J^
to the payment of the debts of the corporation, to laying out, sales of lots,
improving, ornamenting the burial grounds of said corpora-
tion, and to the payment of such other indebtedness, liabili-
ties or charges as shall be incurred by the corporation in
carrying out the purposes of this act, and to no other what-
ever : Frovided, that the board of directors shall have Proviso,
power and it is hereby made their duty to invest any sur-
plus funds, after the payment of the indebtedness of the
corporation, until they shall negd them for the purposes
aforesaid, in such bonds of the United States, of this state,
or of the city of Aurora, as they shall deem most to the bene-
fit, *;ad vantage and security of the funds so invested to this
company, so that the interest of such investment may go to
222 CEMETEKIE8.
increase tlie cemetery fund, which shall always be kept and
applied to the purposes of this act, as aforesaid, and no other.
§ 13. This act shall be taken and read in all courts as a
public act, and shall take effect from and after its passage.
Approved February 28, 1867.
In force March AN ACT to incorporate the Slielbyville Cemetery Association.
5, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Asse7nhly, That Charles
Corporators. C. Scovil, Authouy Thomton, Chatten Kelley, Dudley C.
Smith, and Thomas "W. Harris, and all such persons as shall
hereafter become or be owners of stock, or proprietors in
the association hereby created, are hereby created a body
Name and style, politic and corporate, by the name and style of "The Shel-
by ville Cemetery Association," for the purpose of establish-
Purpose. ing and maintaining a cemetery for the burial of the dead,
at or near the city of Shelbyville, in Shelby county, in this
state; and by that name shall have perpetual succession, and
Powers. be capable of suing and being sued, plead and be impleaded,
in law and equity ; of contracting and being contracted with,
and may make and use a common seal, and alter the same
at pleasure ; and may acquire, hold and sell real and per-
sonal estate for the purposes of this act, and may do, gen-
erally, all such things as are incident to a corporation or
necessary to give full effect to this act, and may make by-
laws, rules and regulations, consistent with this act, for the
government and well ordering of said association and its
officers, property and affairs.
Managers. | 2. All the Corporate powers of said association shall
be vested in and exercised by a board of managers consist-
ing of five persons, members of said association. The said
Charles C. Scovil, Anthony Thornton, Chatten Kelley,
Dudley C. Smith and Thomas W. Harris, are hereby con-
stituted the first board of managers. Every board of man-
Term of office, agers shall hold office for two years, and until tbeir successors
are appointed. An election for managers shall be held at
Election of the City of Shelby villc, on the first Monday in May, one
thousand eight hundred and sixty-eight, and thereafter
Mannerof hold- bieuniallj ou the first Monday of May. Each stockholder
'"^' shall, at such elections, have one vote ; the voting shall be
by ballot, and either in person or by proxy authorized in
writing; the board for the time being, or a majority thereof,
appointing such person for judge and such person for clerk
of election as they shall choose. A majority of votes cast
shall decide the election; and a certificate, in that bebalf,
under the hand of the judge and clerk, shall be sufficient
evidence in all places, of such election and its result. Va-
cancies in the board during any term, may be filled by a
CEMETERIES. 223
majority of remaining managers. And if at any time, no
election shall be held on the day, respectively hereinbefore
speciiied, the election may, notwithstanding, beheld at such
time as may be provided for in tliat behalf by the by-laws.
§ 3. Provided always^ and it is hereby enacted, that Proviso,
whenever the number of the members of the association
shall not exceed five, then and from thenceforth and until
the number shall again exceed five, and until managers be
elected at an ordinary election, or a special one to be called
in that behalf, the corporate powers of said association shall
vest in and be exercised by the remaining members of said
association or their legal guardians, during minority, as
managers : Provided, also, that if at any time there shall be second provis .
no member who can legally act as manager, the corporation
shall not thereby be dissolved, but the circuit court of Shelby
county may, on application, appoint a manager or managers
for the time being. Legal guardians shall be entitled to
exercise all rights and privileges under this act for minor
members and may hold oflice during the minority, Provided, Third proTiso.
also, that when all burial lots of the cemetery of the asso-
ciation shall be sold or disposed of by said association then
immediately upon the happening of that event, and from
thenceforth, the holders of said lots shall become, be and
constitute the corporation aforesaid, with all the same rights,
powers, duties and privileges under this act, as far as may
be, and so far as the same shall remain unexpended as were
vested in the original members.
§ 4. The board of managers shall choose a president officers and em-
out of their own number, and may appoint such other offi- P^°y®^^-
cers and employees as they may deem necessary, all of whom
except the president shall be removable at pleasure, and the
board may prescribe and vary, from time to time, the duties
of its several ofiicers and their compensation and fees ; and
if a treasurer be appointed he shall enter into, procure and
give to the association such bonds or other securities relative
to his duties as the board may require and approve.
§ 5. The board of managers shall have power to receive Duties and pow-
subscriptions for the purchase of property and the laying mlnage^s!^'^ ""^
out and ornamenting of grounds for cemetery purposes under
this act; and may issue certificates representing interests of
subscribers in the property held by the association, and in
the proceeds of the sales of burial lots ; and the individual
interests represented by such certificates shall be assignable,
and transferable only in such way as the managers for the
time being may from time to time direct ; and such indi-
vidual interests are hereby declared to be personal estate ;
and the managers shall have authority to call in and demand
from the subscribers the sums respectively subscribed by
them, at such times and in such installmenis as they may
deem proper, and either to comj)el the payment of such
installments or to declare all the estate and interest of the
224: CEMETERIES.
defaulting subscribers, respectively, and all previous pay-
ments tbereon, if any, forfeited to the association. And it
shall be lawful for the managers to receive, at their option,
such real or personal property, at an equitable valuation, in
payment of subscriptions, as they may deem available for
the purposes of the association, and no subscriber shall be
liable for the debts of the company in a greater amount than
the interest actually owned by him at the time.
Possession of § 6. The association are hereby empowered to acquire,
reaUstate. -^^ purchase, exchaugc or otherwise real estate for cemetery
purposes, in or near the city ot fe-helbyville, aforesaid ; and
shall have power to sell or otherwise dispose of such part of
real estate they may be compelled to purchase in order to
obtain their cemetery grounds ; and power is hereby further
given to said association, from time to time, to acquire by
any of the means aforesaid, and add to their cemetery any
lands adjoining thereto, but said cemetery and additions
shall not comprise more than one hundred acres.
Subscription of § 7. The city couucil of the city of Shelbyville is hereby
vilre,"^ ^^'''^'^" authorized to subscribe and pay to said company the sum of
two thousand dollars to aid in carrying out the purposes and
intent of this act.
Requirements § 8. The association are hereby required to inclose and
of'Lsoc^uon" ^^ ^^^ times keep inclosed their cemetery grounds, with a
" good and sufficient fence, and they are hereby authori'^ed
and empowered to ornament their said grounds as they shall
think proper, and to erect thereon such buildings, inclosures
or structures as they may deem advisable, and to lay out
said grounds into burial lots of one or more size, and into
ways and alleys (setting apart a sufficient portion for the
free burial of the poor and the stranger), and to cause their
said grounds to be surveyed and platted, and that plat, hav-
ing been attested by the surveyor and acknowledged by the
president before any officer having authority to receive
acknowledgments of deeds, may be recorded in the record-
er's office of Shelby county ; and such recording shall have
the same virtue and effect, as far as may be, as the record-
ing of town plats, and shall operate as a legal vacation of
all former roads, streets or alleys passing through the same;
and, except as is provided for by this act, no road, street,
alley or right of way, whether public or private, shall be
laid out or condemned through said grounds.
saio of burial § 9. The associatiou shall have power to sell and dispose
^'*^' of the burial lots in fee simple, on such terms and with such
conditions, if any, for the permanent care and preservation
of the same or of the cemetery or any part thereof, as they
may agree upon with purchasers ; and to make such regu-
lations, from time to time, for the government of lot hold-
ers and visitors to the cemeter}', as they may deem necessary.
Exempt from § 10. All burial lots sold to individuals shall be indi-
taxation. visible, but may be held in undivided shares, and shall, to
CEMETERIES. 225
the number of four to each individual, be free from taxa-
tion and from execution and attachment; and the cemetery-
grounds, together with the personal property of the corpo-
ration actually used or held by the corporation tor burial
purposes or subservient thereto, or for the general uses of the
lot holders, shall likewise be exempt, as above.
^11. A certificate of purchase, signed by the president EvMence of
and attested by the secretary, and under the corjtoration
seal, shall be a sufficient conveyance to, and evidence of
title in any purchaser without more; and no purchaser shall
transfer his estate or interest, without the consent of the ''j""sf " °^ '°'
managers. Burial lots shall be held for the purpose of
sepulture only, and no lot holder shall permit interment in
or upon any lot held by him for compensati<3n.
§ 12. The association shall keep records of all their pur- Record.?. .
clmses, sales, orders, elections, proceedings and transact! ms,
which shall be open at all reasonable times to the inspection
of the members.
§ 13. The said corporation may take and hold any g-rant, cona^ons,
T ^- 1 • 1 i. /.• i. 1 ^ !^ ' grants, etc.
donution, devise or bequest of property real or personal,
upon trust, to apply the same, or the income thereof, under
the direction of the board of managers, for the improvement .
or embellishment of the cemetery or for the erection, repair,
preservation or renewal of any tomb, monument or grave-
stone, fence, railing or other erection, or for the planting
and cultivation of trees, shrubs, flowers or plants in or
around any cemetery lot of said cemetery, or for improving
said cemetery in any other manner consistent with the de-
sign and purposes of this act, according to the terms of such
grant, donation, devise or bequest.
§ 14. It is further enacted^ that the board of managers '^'''^®^-
shall have power, in case they deem it proper to do so, to
levy upon each lot sold in said cemetery, an annual tax not
exceeding the sum of two dollars per lot, for the purpose of
paying the expenses of keeping the cemeterj grounds in
good order and of keeping up the fences ; and shall fur-
ther have power and control over the improvements and
shrubbery of each lot sold, so as to prevent the streets and
alleys of said cemetery from being obstructed by trees or
shrubbery.
§ 15. It is further enacted^ that no person shall be °ombg°ones®
allowed to place, erect or construct upon any cemetery lot, etc.
any objectionable, indecent or obscene tombstone, vault,
grave jewel, monument, engraving or device. The board
of managers shall have the power to treat the same as a
nuisance, and cause the same to be removed from the Nuisances,
grounds of said association; and, if done by or with the
consent of the owner of the lot, then, on repetition of the
same or a like offense, the board may declare such lot for-
feited to the association, which shall thereupon re-possess
the same as of their former estate.
226 CEMETERIES.
§ 16. This act shall be a public act, and shall take effect
from and after its passage.
Approved March 5, 1867.
L
In force May AN ACT to authorize Isaac N. Morris to lay out a part of the southwest
5, 1867. quarter of section eleven, township two south, range nine west, as a
burying ground, and to convey the same, or any part thereof, to the
mayor and aldermen of the city of Quincy, on terms to be mutually
agreed upon between the parties.
Section 1. Be it enacted by the Peoj^le of the State of
• Illinois, rep7'esented ill the General Assembly, That Isaac JM.
Described lands Morris be and he hereby is authorized to survey, when in
to be surveyed, j^-^ jjj(]gjj^jg^t )^^q public necessity may require it, lay out
and appropriate for a burying ground a part of the south-
west quarter of section eleven, in township two south, and
in range nine west of the fourth principal meridian, in
Adams county, and attach the same to Woodland Cemetery,
in the city of Quincy, in said Adams county, on terms to
Terms. be mutually agreed upon between him, his heirs or assigns,
and John Wood, his heirs or assigns ; and as an addition
thereto, or to keep the same as an independent burying
Name. ground, to be called the " Bluff Cemetery," so that the said
burying ground shall not exceed forty acres, or by his heirs
or assigns, as the case may be.
Plat to be ack- § 2. That the plat of said addition or burying ground,
?e°cord!fd.'^ ^^ as the case may be, shall be acknowledged by the said Isaac
N. Morris, and recorded in the recorder's office of Adams
county.
^■rom taxation. § ^' "^"^^^^ ^^'*^"^ ^"^^ ^^^1" ^^^^ rccordiug of Said plat, and
the sale of lots therein, the premises included in said Bluff'
Cemetery, shall be exempt from all taxes, and that from and
after the time aforesaid, the premises shall be annexed to
and form a part of the said city of Quincy.
Conveyance of. § 4. That the Said Issac N. Morris, his heirs or assigns,
be, and he or they are hereby authorized to convey to the
city of Quincy, the premises included in said cemetery, or
any part thereof, to be held by the said city for the purpose
Purpose. <^f a, burying ground, forever, on such terms and conditions
as may be agreed on between the said leaac N. Morris, his
heirs or assigns, and the mayor and aldermen of said city ;
and the said city is hereby authorized to accept and receive
the title of said premises, to be held only for the purpose
and on the trust aforesaid, and to sell and convey any lot or
lots therein to any purchaser or purchasers thereof.
Grounds to bo § 5. The mayor and aldermen of the said city of Quincy
ri«d purpose's?" are hereby authorized and empowered to lay out for bury-
CEMETERIES. 227
Baicl Woodland Cemetery and the ground owned by said
Isaac ]Sr. Morris, in said section eleven, two south, nine
'west, and sell and convey lots therein by the mayor of said sak; and con-
city, or to sell a part or all of said ground to any other per-
son or persons, for such purposes and none other: Provided^ Proviso,
said sale shall be at public auction, and two-thirds of the
board of aldermen may agree to use said grounds as a
cemetery.
§ 6. Should there be any mistake in the particular de- Mistake in de-
scription of the land to be laid out by the said Isaac N. ^'=^'p*'°"' e*<=-
Morris, this act shall be construed and considered as apply-
ing to the land or ground owned by said Morris in said
section eleven, two south, of range nine west, in Adams
county.
Approved March 5, 1867.
AN ACT to amend an act entitled "An act to incorporate Oak Woods In force Marc
Cemetery Association," approved February 12, 1853. 7, 1S67.
Section 1. Be it enacted lij the People of the State of
Illinois^ represented in the General Assembly^ That any per- Penalties for in-
sou who shall willfully destroy, mutilate, deface, injure, cut, j^yy °f P'op^r-
break, loosen, tear up or remove any tomb, monument, stone,
vault, ornament, fence, tree, shrub, flower, plant, railing or
building or object, whatever, in or about the said cemeterj,
or in any avenue, lot or part thereof, or shall fish, hunt or
shoot or discharge any gun, pistol or fire-arms, or fire-works,
or other missiles within the limits of said cemetery, or shall
cause any shot or missile to be discharged into or over any
portion of said [cemetery,] or shall violate any of the rules
made and established by the board of directors as herein-
after provided, shall be deemed guilty of a misdemeanor,
and shall, upon conviction thereof before any justice of the
peace in Cook county, be punished by a fine of not less
than five dollars, nor more than one hundred dollars, or by
such fine and imprisonment in the county jail for not less
than one nor more than thirty days, and shall stand com-
mitted until such fines are paid. One-half of such fines
shall go to the cemetery company and the other half in the
manner provided by law for the disposition of fines. ISToth-
ing herein contained shall deprive the said association from
maintaining an action of trespass tor the recovery of dama-
ges occasioned by any injury resulting from a violation of
the provisions of this act, or of the rules established by the
board of directors, which said damages when recovered,
shall be applied in repairing the injuries so made.
228 CEMETERIES.
Rules and rogii- § 2. The salcl boai'd of directors are hereby authorized
* '°"^' to make rules regarding the driving of buggies, carriages,
processions, vehicles and teams and the speed thereof, the-
nse of the avenues, lots, walks, ponds, lakes, water courses,
vaults, buildings or other places, or for the maintenance of
good order, quiet and sobriety in the said cemetery, or in
the streets adjoining the same, or about the gates thereof,
and all persons found guilty of a violation of such rules
shall be punished in the manner provided in the toregoing
section, and the said directors shall cause to be posted
copies of said rules at each gate, and in two or more public
places in the said cemetery. No justice of the peace shall
be disqualified from hearing any cause that mav be brought
before him under the provisions of this act, nor shall any
person be disqualified from testifying in such cause or acting
as a juror therein by reason of any interest they or either
of them shall have in the stock or lots of said association.
P?i^ce^en, du- g 3. Xhe directors are hereby authorized to appoint one
or more policemen, wdio shall be authorized to arrest on
any day of the week, without process, any person suspected
of a violation of the provisions of the second section of this
act, or of the rules established by the directors as herein-
before provided, and carry such ofiender before any justice
of the peace in Cook county, who shall thereupon proceed
to hear and determine the case, and in case of guilt, impose
such fine and penalty as the nature of the case requires
pursuant to the provisions herein contained. Any such
policeman shall have the right to call to his assistance any
and all persons whose assistance may be needed in the
exercise of his authority.
Capital stock. g 4. The capital stock of said company shall be one
hundred thousand dollars, to be divided into shares of one
hundred dollars each, and deemed personal property, and
transferable as such on the books of the association, in such
manner and subject to such rules and regulations as the
"^hofde^/s ^^^'^^" directors shall determine. Each share of stock shall entitle
tlie holder thereof to one vote at the election of directors, or
to increase the capital stock, or determination of such other
questions as shall be submitted to them by the directors.
Nothing herein shall be construed as invalidating the cer-
tificates of stock already issued or interest in said associa-
tion, or any of the acts of the directors or officers of said
Organization, associatioii, and the said corporation is deemed fully organ-
ized for all the pur|:oses contained in this act. or the act to
wliicli this is an amendment. The directors and officers of
Elections. gj^j(^| associatiou shall elect by the stockholders, at their
annual meeting, and shall hold their offices respectively for
one year, and until their successors are chosen and qualified,
Vacancies. q^^^ j-j^q directors may fill vacancies in tlieir number. The
said association may, at any annual meeting or special
meeting called for tliat purpose, increase the capital stock
CEMETERIES. 229
from time to time, to any amount tliej may deem necessary increase of the
for the interest and growth of said cemetery. Section live '^''^p''-^''''"'^'^^-
(5) of the act to which this is an amendment, is hereby
repealed.
§ 5. The said board of directors shall have the power improvement,
to make such improvements in the said cemetery or the
streets adjoining the same as they shall deem proper, and
may regulate and control the manner in which trees and
shrubs shall be planted, or the erection of tombs, monu-
ments, vaults, stones and raihngs, or other improvements,
or ornaments, in and about any lot that may belong to, or
be occupied by, any person in said cemetery. The said
directors shall make a report of their proceedings at each
annual meeting of the stockholders.
§ 6. The said association may purchase and own lands Purchase and
for their said cemetery not exceeding in all five hundred °"^° '^" ^'
acres, and may sub-divide the same into lots, and no road,
street, alley or thoroughfare, shall be laid out or opened
through their said grj3unds, or any part thereof, without
the consent of the directors, nor shall any corporation now
existing, or hereafter created, be authorized to take, hold or
possess any portion of said cemetery by condemnation with-
out such consent. The said directors shall have power to
donate for charitable purposes one or more lots in said Donations for.
cemetery.
§ 7. So much of the act to which this is an amendment
as is inconsistent herewith, is hereby repealed, and this act
shall be a public act, and be in force from and after its
passage.
AX ACT to incorporate the Evergreen Cemetery. lu force March
9, 1867.
Section 1. Be it eimcUd hy the People of the State oj corporators
Illinois^ repreiented in the General Assembly, That Amzi
Andrews, J. Perry Johnson, John George Middendorfi",
Davis Smith and Gabriel S, Jones, and their associates and
successors, be and they are hereby constituted a body cor-
porate and politic, by the name and style of "The Ever- Name and style,
green Cemetery of Chester ;" and by that name shall have .
perpetual succession, and shall have all the powers, rights
and privileges, liabilities and immunities incident to a cor-
porate body.
§ 2. Said association shall have power to own real estate May own real
not exceeding twenty-five acres, and personal property not ^^^''**"
exceeding at one time one thousand dollars, which shall be
exempt from taxation and from attachment and execution.
lots.
Sale of.
230 CEMETERIES.
Object. § 3. The object of this association shall be exclusively
to lay out and inclose and ornament a plat of ground to be
used as a burial place for the dead.
Laying out of § 4. Said association shall have power to lay out the
burial place into lots of suitable size, and sell the same,
purchasers of which shall use the same as herein contem-
plated, and for no other purpose.
Appropriation § 5. The pi'oceeds of such sales and other funds which
of funds, etc. ^^.^^^ coiiie Into the possession of the association, shall be
appropriated and used in inclosing the grounds and impro-
ving and ornamenting the same, or in other objects connec-
ted with the association.
Trustees. § 6. The persous named in the first section of this act,
Term of. shall act as trustees of the association for one year from the
first day of March, a. d. 1867, and until their successors
are elected and qualified, they shall organize by appointing
President. ouc of their number president, and by appointing a treasu-
rer, a secretary and a superintendent.
Membership. § 7. Every person holding one or more lots shall be a
member of this association, and sUall be entitled to one
vote only ; absent members shall have power to vote by
proxy.
Annual election § 8. The owuers of lots shall annually, on the first Sat-
of trustees. -Qj-^ay in March, elect five trustees of the association, who
shall serve for one year, and until their successors are elec-
ted and qualified ; any neglect to elect trustees on said day
shall notact as a forfeiture of this act of incorporation.
By-laws and § 9. Tlic trustecs may make all necessaiy by-laws and
regulations, regulations for laying out, ornamenting and keeping in
repair said cemetery, and for preserving other property of
the association ; they shall appoint such ofiicers, agents or
servants as may be necessary, define their duties and affix
their compensation.
Bights of pro- § 10- The right of property to any lot or lots which
perty- may be purchased, shall be vested by certificate of stock,
signed by the secretary and recorded in a book kept for that
purpose by the secretary, and every transfer of such lots
shall be made by surrendering such certificate to the secre-
tary, who shall destroy it and issue a new one and make an
entry thereof.
„stei. of in- § 11- I'^ &h&\\. be the duty of said association to keep a
terments. register in a well bound book, of all interments made in
said cemetery, with all the particulars connected therewith,
such as name of deceased, date of interment, age, place of
nativity, etc., so far as can be ascertained, which books
shall be open and free for the inspection of any one inter-
ested therewith. This act to take effect and be in force from
and after its passage.
Approved March 9, 1867.
CEMETEKIES. 231
AN ACT to amend an act entitled "An act to incorporate the Canton ^i^ force Feb.
Cemetery Company," approved February 1, 1851. ^^' ^^^'^'
Section 1. Be it enacted hy the People of the State of
lUinois, reirresented in the General Assembly, That section
two (2) ot an act entitled " An act to incorporate the Can- ^1^^""°^ l^Ylh
ton Cemetery Company, approved February 1st, 1851," be i, issi^mend-
and the same is hereby amended so as to read as follows : ^^'
" Said company shall have power to hold the land above
described, to own or possess by purchase or gift, real estate,
not exceeding one hundred acres, and personal property
not exceeding two thousand dollars for the use and purposes
of said cemetery, which shall be exempt from taxation,
execution or appropriation for public uses.
§ 2. This act shall take effect and be in force from and
after its passage.
Appkoved February 25, 1867.
AN ACT to incorporate the Golconda Cemetery Association. In force Febru-
ary 25, 1867.
Section 1. Be it enaeted hy the Feople of the State of
Illinois, represented in the General Assembly, That John
Gilbert, John Toole, Theodore Steger, William S. Yinyard Name and style.
and John M. Raum, and their successors be and they are
hereby constituted a body corporate and politic, by the
name and style of " The Golconda Cemetery Association;"
and by that name to have perpetual succession, and shall
have and possess, and be invested with all the powers,
rights, privileges and immunities incident to a corporate
body.
§ 2. The capital stock of said company shall consist of c^p'^-'^^ ^^''''^•
five thousand dollars, to be divided into shares of five hun-
dred dollars each, which stock may be paid in real estate ;
and upon the subscription of five shares, said company
may organize and proceed to business.
§ 3. The quantity of land to be received for stock sub- Quantity and
scription, or held by said company, shall be limited to for^'stofksSb-
twenty acres, and iii the receipts of real estate as stock a scription.
majority oi said board shall fix the value of said real estate
so taken as stock.
§ 4. All real estate, whether purchased or subscribed as ^°e"JYg"ate^ °^
stock, shall be conveyed to said company for the purposes
hereinafter named.
§ 5. The object of said association shall be exclusively ^pilrposes^"'^
and solely to lay out and inclose and ornament a plat or
piece of ground, not to exceed twenty acres, as aforesaid, to
232
CHANGE OF NAMES.
Burial grounds.
Evidence of ti-
tle.
Vacation of of-
fice of corpo-
rators.
Certificates of
purcliiise as-
signable, etc.
Disposition of
fundsi
be used as a burial place, to which, if thought best, maj be
added a floral garden, by said association ; and said piece
of ground, so held and platted, shall forever be exempt
from taxation and execution.
§ 6. The otiicers of said association shall be a president
and secretary. Said secretary shall also act as treasurer,
who, with one other of said association, may pass necessary
by-laws, or do any other business ; said officers of president
and secretary to be chosen on the first Monday of May, in
each year and hold their offices until their successors are
chosen, and a failure to elect on said day shall not operate
as a forfeiture of this charter. Any vacanc}^ that may
happen at atiy time, in said offices of president or secreta-
ry, such vacancy may be tilled by a majority of said corpo-
rate members, or their successors.
§ 7. Said association shall have power to sell and con-
vey any portion of their land or lots in said burial ground,
for the purpose of a burial place. The evidence of title to
the purchaser shall be a certificate signed by the secretary
of said association, as such.
§ 8. Upon the death, resignation or removal of any or
either of the above corporate members, a majority of the
remaining members shall proceed to till said vacancy or
vacancies.
§ 9. Certiflcates of purchase of any lot or ground from
said association shall be assignable but by consent of the
secretary of said company. Said certificate may be surren-
dered to said association, and a new one issued to any per-
son designated by the original holder of the same.
§ 10. One-fourth of all moneys received for sale of
ground, for the purpose aforesaid, shall be expended in im-
proving and ornamenting said grounds, so to be laid out, as
aforesaid ; the balance to be paid to the stockholders,
§ 11. This act to take effect from and after its passage.
Appkoved February 25, 1867.
In force April 20 AN ACT to change the name of Lucilla Been to Mary Ann Scurlock, and
1867. for other purposes.
Section 1, Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That the
name of Lucilla Deen shall be changed to Mary Ann Scur-
lock.
§ 2. That she shall be the adopted child of William K.
and Ann W. Scurlock, and shall be raised, governed and
CHAKGE OF NAMES. 233
educated b}' them, until she is eighteen years old, and shall
be their legal heir, both in law and equity.
§ 3. This act shall be taken as evidence in courts of
law or equity in this state.
Appkoved February 20, 1867.
AN ACT to cbaiiffe the name of Susan H. Smith. In force April
19, 1867.
Section 1. Be it enacted hy the People of the State oj-
Illinois, represented in the General Assembly, That the
name of Susan II. Smith, of lienry county, be and is hereby
changed ; and that she may hereafter, in all business trans-
actions and relations of life, be known, named, called and
recognized by the name of Susan II. Jennings.
Approved^ February 10, 1867.
AN ACT to change the name of Minnie Adela Miller, and make her the In force Feb. 28,
heir of Robert M. Dihel and Catharine R. Dihel. 1867.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
name of Minnie Adela Miller, who is now bound to and re- Name changed.
siding with Robert M. Dihel, at Sunbeam, Mercer county,
Illinois, be and the same is hereby changed to Minnie Adela
Dihel, and by the said name of Minnie Adela Dihel she
shall hereafter be known and called.
§ 2. That the said Minnie Adela Dihel shall be and is Legal heir-at-
hereby made and constituted a legal heir of said Robert M. '''''^'
Dihel and Catharine R. Dihel, his wife, with full power and
authority to take, hold and enjoy, and transmit any and all
property that shall or may descend to her from said Robert
M. Dihel or Catharine R. Dihel, his wife, in the same man-
ner as if she had been a natural born child of said Eobert
M. Dihel and Catharine K. Dihel, his wife : Provided, that
said Robert M. Dihel and Catherine R. Dihel, his wife, shall
first execute, under their hands and seals, and acknowledge
before some justice of the peace, clerk of the circuit or county
court of Mercer county, a certificate, certifying and ac-
knowledging the said Minnie Adela Dibel to bo their legal ^acknowie^ed
heir and adopted daughter ; which said certificate shall be
recorded by the recorder of said Mercer county, the same as
deeds and other writings are required to be recorded, and
Vol. 1—16
234r CHANGE OF NAMES.
certified copies thereof shall be evidence in all courts and
places.
^and%?S § 2- ^'^'^^ when said Robert M. Dihel, and Catharine R.
conferred. Dilicl, his wife, shall have made their certificate, as speci-
fied in section two of this act, and caused th'e same to bo filed
for record in the said recorder's office of said Mercer coi^ntjy
he shall from that time have, use and exercise all the rights^
powers, privileges and duties, and be subject to all legal
liabilities over and concerning said Minnie Adela Dihel, a&
if she wore the natural born child of Eobert M. Dihel and
Catharine li. Dihel, his wife; and the said Minnie Adela
Dihel shall be subject to the same control of said Robert M.
Dihel and wife, and to legal liabilities and restraints under
them as if she \?ere their natural born child, until she shall
arrive at the age of eighteen years.
§ 4. This act shall be a public act, and so taken and
deemed in all courts and places, and shall be in force from
and after its passage.
Approved February 28, 1867.
In force
11, 186'
u AN ACT to change the name of John W. Semon to that of Jolin W. Lee,
and make him heir-at-law of John W. Lee and Mary F. Lee.
Section 1. Be it enacted ly the People of the State of
IlUnois, represented in the General Assembly, That the
,. A namp of John W. Semon be and the same is hereby changed
ZheirT" to that of John W. Lee; that he be made heir-at-law of
«w. John W. Lee and Mary F. Lee.
§ 2. This act shall take eftcct and be in torce from and
after its passage.
Approved March 11, 1807.
T r ^.TT^hSR AN ACT to change tlie name of George Ludwig Theodore Peterson to
1807. Christian Grader.
[Section 1.] Be it enacted Inj the People of the State of
Illinois, represented in the General Assembly, That the
name of George Ludwig Theodore Teterson, a resident of
Cook county, and citizen of the state of Illinois, be and the
same is hereby changed to Christian Grader.
This act to take effect and be in force from and after its
passage.
Approved February 28, 1867.
CHANGE OF NAMES. 235
AN ACT to chanjre the name of Thomas Morris Francis to Thomas Francis In force Feb. 28,
Scllick. 1867.
[Section 1.] • Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That the name
of Thomas Morris Francis, a resident of Cook county, and
citizen of the State of Illinois, be and the same is hereby
chano:ed to Thomas Francis Sellick,
This act to take effect and be in force from and after its
passage.
Approved February 28, 18G7.
AN ACT to define and legalize the names of Anna and Emma, and con- In force Feb. 28,
stitute them heirs at law of Layton Collar and Electa J. Collar. 1^®^-
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Emma
and Anna, (their other name being unknown,) shall here- Names declared
after be called and known as Emma Collar and Anna
Collar.
§ 2. That the said Emma Collar and Anna Collar shall Rights and pri-
be and they are hereby declared to be entitled to all the ^'^®ees.
rights that would belong or pertain to them were they the
daughters of the said Lajton Collar and Electa J. Collar ;
and the said Emma Collar and Anna Collar shall, for all pur- Heirs at law.
poses whatsoever, be the heirs at law of said Layton Collar
and Electa J. Collar, with full power to take, hold, enjoy May hold and
and transmit any and all property that shall or may descend ^"-""^ proper y
to them from the said Layton Collar and Electa J. Collar, or
either of them, in the same manner as if they had been the
natural born children of said Layton Collar and Electa J.
Collar.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved February 28, 1867.
AN ACT to change the name ofThomas Griffin to Thomas Jefferson Wilson, In force Feb. 28,
and maliC him heir at law of Harry S. Wilson and Clara A. Wilson. ■^^^^•
Section 1. Be it enacted hy the Pe&ple of the State of
Illinois, represented in the General Assembly, That tha
name of Thomas Griffin be and the same is hereby changed Name changed.
to that of Thomas Jefferson Wilson. '
236 CHANGE OF NAMES.
Rights. § 2. That the said Thomas J. Wilson shall be and is
hereby declared to be entitled to all the rights that would
belong or pertain to him were he the son of the said Harry
Heir at law. T, Wilson and Clara A. Wilson : and the said Thomas
Jefferson Wilson shall, for all purposes whatsoever, be the
heir at law of said Harry T. Wilson and Clara A. Wilson,
Powers and pri- with fuU power to take, hold, enjoy and transmit any and
viieges. ^11 property that shall or may descend to him from them, or
either of them, in the same manner as if he had been a
natural born child of said Harry T. Wilson and Clara A.
Wilson.
§ 3. This act shall take effect and be in force from and
after its passage,
Appkoyed February 28, 1867.
In force March AN ACT to change the name of Ary J. Huifman to that of Ary J. Yapp, and
5, 1867. to make him the legal heir of Jacob Yapp.
Section 1. Be it enacted hy the Peojple of the State of
Illinois, represented in the General Assembly, That the
name of Ary J. Huffman be and the same is hereby
changed to that of Ary, J, Yapp.
§ 2. That the said Ary J. Yapp is hereby declared and
made the legal heir-at-law of Jacob Yapp, of the town of
Georgetown, county of Yermilion, and state of lUinois.
§ 3. That this act shall take effect and be in force from
and after its passage.
Appkuved March 5, 1867.
In force March AN ACT to change the name of Augusta Ernestine Kurth to that of Augus-
7,1887. ta Ernestine Rctzloff, and to make her heir at-law of John Retzloft".
both her parents by cholera, and has no one to provide for
her ; and whereas, John Retzloft" is desirous to adopt the
same, and to make her his heir-at-law ; therefore.
Section 1. Be it enacted hy the People of the State of
Illinois, rejyresented in the General Assembly, That the
name of Augusta Ernestine Kurth be changed to Augusta
Ernestine Rctzloff.
§ 2. That the said Augusta Ernestine Kurth shall and
is hereby declared to be heir-at-law to John Retzloff, and
CHANGE OF NAMES. 237
entitled to all the rights that would belong and pertain to
her were she the daughter of John Eetzloff.
§ .3. This act shall be a public act, and be in force from
and after its passage.
Approved March 7, 1867.
AN ACT to cliange the names of Mary Frances Runyan and Frank Clark in force March
Riinyan to Mary Frances McVicker and Frank Clark McVicker, and make 7, 1867.
them heirs at law of James H. McVicker.
Section 1. Be it enacted hy the People of the State of
Jlli?iois, represented in the General Assembly^ That the
name of Mary Frances JRunj^an, of Chicago, in the county
of Cook, and state of Illinois, be changed to Mary Frances
McVicker, and the name of Frank Clark Runyan, of the
same place, be changed to Frank Clark McVicker.
§ 2. That the said Mary Frances McVicker and Frank
Clark McVicker shall be and they are hereby declared to
be heirs-at-law of James H. McVicker, of Chicago, afore-
said, and entitled to all the rights which would belong or
pertain to them were they the natural children of the said
James H. McVicker.
§ 3. This act to take effect and be in force from and
after its passage.
Approved March 7, 1867.
AX ACT to change the name of Emmaretta Orcutt to Emma Orcutt Brack- In force March
ett, and make her heir at law of Horace Dennison Brackett. ^' ^^'•
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the
name of Emmaretta Orcutt, of Galesburg, Knox county,
Illinois, be changed to that of Emma Orcutt Brackett.
§ 2. That the said Emma Orcutt Brackett shall be and
is hereby declared to be entitled to all the rights that would
belong or pertain to her if she was the daughter of the said
Horace Dennison Brackett, of Galesburg, Knox county,
Illinois.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved March 7, 1867.
238
CHANGE OF NAMES.
In force March AN ACT to change the name of Minnie McMahon to Minnie Mather, and
9, 1867. make her the heir-at-law of Fredericlc H. Mather and Rhoda E. Mather.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assemhly, That the
name of Minnie McMalion be and the same is hereby
changed to that of Minnie Mather.
§ 2. That the said Minne Matlier shall be and she is
hereby declared to be entitled to all the rights that would
belong or pertain to her were she the daughter of the said
Frederick H. Mather and Ehoda E. Mather ; and the said
Minnie Mather shall, for all purposes whatsoever, be the
heir-at-law of said Frederick H. Mather and Rhoda E.
Mather, with full power to take, hold, enjoy and transmit
any and all property that shall or may descend to her from
them, or either of them, in the same manner as if she had
been a natural born child of said Frederick H. Mather and
Rhoda E. Mather.
§ 3. This act shall be in force from and after its pas-
sage.
Appeoyed March 9, 1867.
In force March AN ACT to change the name of Mary Alice Waters to that of Mary Alice
8, 18G7. * Williamson, and declaring her to be an heir-at-law of Eli Williamson.
Whereas, Eli "Williamson has petitioned the general as-
sembly of the state of Illinois to change the name of Mary
Alice Waters to that of Mary Alice Williamson, and for de-
claring her to be an heir-at-law of the said Eli Williamson ;
therefore,
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the
name of Mary Alice Waters be and the same is hereby
changed to that of Mary Alice Williamson ; and that the
said Mary Alice Williamson be and she is hereby declared
an heir at-law of the said Eli Williamson, to the same force
and effect as though a natural born child of said William-
son.
§ 2. This act shall take effect from and after its passage.
Approved March 8, 1867.
CHANGE OF NAMES. 239
AN ACT to change the name of Anna M. Houston to that of Anna M. Lit- In forea March
tleton, and to adopt and thereby constitute Anna M. Littleton an heir- 9» 136T.
at-law of Jacob Littleton, as one of the children of the said Jacob Lit-
tleton.
Section 1. Be it enacted hy the People of the State of
Illinois^ rejyresented in the General Assembly^ That the
name of Anna M. Houston be changed to the name of Anna
M. Littleton, and that by the name of Anna M. Littleton
she shall hereafter be known and called.
§ 2. That the said Anna M. Littleton shall and is here-
by declared to be an heir-at-law of Jacob Littleton, and enti-
tled to all the rights that would belong or pertain to her
were she the daughter of the said Jacob Littleton.
§ 3. This act shall be a public act, and take effect from
and after its passage.
Approved March 9, 1867.
AN ACT to change the name of Etta Belle Holt to Etta Belle Turney, and In force Man
to make her heir-at-law of Fayette Turney. ^' ^^^'^*
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the
name of Etta Belle Holt, an infant, residing with Fayette
Turney, in the county of Marion, state of Illinois, be and
the same is hereby changed to Etta Belle Turney.
§ 2. That the said Etta Belle Turney shall be and is
hereby declared to be heir-at-law of Fayette Turney, and
entitled to all the rights that would belong to her were she
the daughter of the said Fayette Turney.
§ 3. ' This act shall take effect and be in force from and
after its passage.
Approved March 9, 1867.
AN ACT to change the name of George Washington Goodman to William in force Mm
Felt, 9. "67.
Section 1. Be it enacted hy the People of the State of
Illinois^ repeseiited in the General Assembly, That the
name of George Washington Goodman be and the same is
hereby changed to William Felt.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved March 8, 1867.
240
CHANGE OF NAMES. — CHUECIIES.
In force March AN ACT to change tiie name of a certain person therein named, and make
^< ■^^^^* her heir-at-law of Alfred A. Crarey and Eunice J. Crarey.
Section 1. £e it enacted by the People of the State of
Illinois, re])reserded in the General Assembly, That the
name ofEtuma Lucas, sometimes known as Emma Driscol,
the adopted daughter of Alfred A. Crarey and Eunice J.
Crarej, be and the same is hereby changed to Emma Linda
Crarey ; and the said Emma is hereby constituted and de-
clared to be the heir at law of said Alfred A. Crarey and
Eunice J. Crarey ; and in case of the deatli of said Alfred
A. Crarey and Eunice J. Crarey, or either of them, ihtestate,
the said Emma Linda Crarey shall inherit the property,
both real and personal, of such intestate or ihtestates, in the
same manner and to the same extent that shemight do were
she the child of said x\lfred A,Crarey and Eunice J. Crarey.
§ 2. This act shall be a public act, and take ett'ect and
shall be in tbrce from and after its passage.
Approved March 8, 1867.
In force Feb. AN ACT to amend an act entitled "An act to change the name of the
9, 1867. German United Evangelical Protestant Congregation of the Lutheran and
Reformed Confession, in Quincy, Illinois, and to incorporate the same by
the name of the " Evangelical Lutheran Church of St. John, Quincy,
Illinois."
Section 1. Be it enacted by the People of the State of
Illinois, Ttpresented in the General Assembly, That so mucli
^p?oved 26 Jan', ^^ '^^^ ^^^ entitled " An act to change the name of the Ger-
1849, repealed! mail United Evangelical Protestant Congregation of the
Lutheran and Reformed Confession, in Quincy, Illinois, and
to incorporate the same by the name of the 'Evangelical
Lutheran Church of St. John, Quincy, Illinois,' " approved
January 26th, 1849, as reads as follows, to-wit : "And the
said congregation, by the name and style last aforesaid, and
to its pastors for the time being, shall be and ever shall
remain in regular connection with the district synod in the
bounds of which it may be under the jurisdiction of the
general synod of the Evangelical Lutheran Church of the
United States of America," be and the same is hereby
repealed.
Election of trus- § ^- ^o mucli of Said act, to which this act is an amend-
tees. ment, as requires the election of trustees of said corporation
to be held on Eastel* Monday, in each and every year,
after the lirst election, is hereby repealed, and it shall bo
lawful for such election of trustees to be held, in the manner
prescribed by said act, on the lirst Monday in January in
CHURCHES. 241
each and every year, or on such other day in each year as
said corporation shall by their by-laws determine and
direct.
§ 3. This act shall take eft'ect and be in force from and
after its passage.
Approved February 9, 1867.
AN ACT to amend an act entitled " An act to incorporate the German In 2^1867^^^"
Evangelical Salem's Church, of Quincy, Illinois." '
Section 1. Be it enacted hy the People of the- State of
Illinois^ represented in the General Assemhly, That section
one of tile act entitled "An act to incorporate the German Name.
Evangelical Salem's Church, of Quincy, Illinois," a]tproved
February 22, 186 J, be so amended as to authorize and em-
power, and said German Evangehcal Salem's Church ofAuthonty and
Quincy, Illinois, corporation aforesaid, is hereby authorized
and empowered to acquire real estate, by gift, devise or
purchase, and to have, hold and convey the same, in any
quantity not exceeding sixty acres at any one time, for the
purpose of a cemetery, anything in said section one to the Purpose.
contrary, notwithstanding.
§ 2. That the property which may be so acquired by the Property ex-
said corporatioQ, during its investiture in the same and also athfnV""^ '^^"
while used for burial purposes, shall be exempt from taxa-
tion.
§ 3. That this act, as well as the act to which this is an How construed,
amendment, shall betaken and construed in all courts and
places as a pubhc act, and be in force from and after its
passage.
Approved February 21, 1867.
AX ACT to change the name of the Union Grove Baptist Church. In force Feb.
21, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That the
name of the society of Baptists, worshi]>ping nt Morii8"ii, Name changed.
Illinois, be and is hereby changed from " The Baptist
Church of Union Grove" to the "First Baptist Church
of Morrison. " This act to take effect and be in force
from and after its passage.
Approved February 21, 1867.
212
0UDKCI1E8.
^r\m ^^ ^^'^ *° amend an act entitled "An act to incorporate the Evangelical
' ' ' Lutlicnui Sjnod of Missouri, Ohio, and other States," approved February
IGtli, 1805.
appointed
nyuod.
Section 1. jBe it enacted hij the People of tlie State of
omtors to \ia Illinois, represented in the General Assemhliu Tliat section
• lectftcl and ,■ /-v <• , .-.i i ^^a i , • , i t-i
appointed by iivG (ij) ut ail act entitled, "An act to incorporate llie Evan-
gelical Lutheran Synod of Missouri, Ohio, and other slates,"
be and the same is hereby so amended as that the [)resident
and |)rotessors and all instructors in said seminary shall be
elected, cii;isen or appointed by tlie Evangelical Lntheran
Synod aforesaid ; and that section six (6) be and the same is
here'ny so amended as that the election of trustees shall
occur at such time and place as is ])rovided by the constitu-
tion and l)y-la\vs of the synod aforesaid.
§ 2. The i)roperty, real and personal, of the corporation
created by this act aforesaid, api)rovcd February 10th, 1865,
in case of a division of the aforesaid synod shall be held
and controlled by such branch of said division as shall re-
main true to the book of concord of tlie year a. d. 1580.
And the I'eal estate of the said corporation, to the amount of
thirty thousand dollars, actually used for educational ])ur-
poses, shall be exem})t from state, county and township
taxation.
§ 3. This act shall take effect and be in force from and
after its ])a88ai>;e.
Ai'PKovjci) February 21, 1867.
Control of
property.
Amount of
property ex-
empt from
taxation.
In force Feb. 25,
1807.
AN ACT to incorporate tlic Springfield Hebrew Conj^rci^ation.
Corponvtors.
Section 1. Be it enacted hy the Peojyle of the State of
JUinois^ 'rc^)resented in the General Asst7nhli/^ That Morris
Myers, Silas Leon, Solomon Kosenwald, Daniel Seligman,
David Gottlieb, Solomon Stern, Louis Benjamin, Elias Sal-
zcnstein, Benjamin JVusbaum, and William Myci's, and
their associates and successors, forever, are hereby declared
and created a body corporate, by the name and style of
Name and stylo, urpij^, ypringiield llebrew Coiiirregation," to be located at
Springiield, Sangamon county, state of Illinois; and under
that name shall have per[)etual succession; shall be capable.
^«riT**' ^*"^' i'l li^w, to contract and be contracted witli, sue and be sued',
implead and bo im])leaded in all courts of comi)etent juris-
diction ; may have a common seal, and alter the same at
their pleasure, and may, by ])urclm80, gift or devise, receive,
acquire and hold or dispose of real and porsonal property,
in fee or for a term of years.
CHURCHES. 243
§ 2. Said corporation shall at all times have full power Government
and authority to ordain, make and establish such by-laws, of affLka.'°'^
rules and regulations as they shall judge proper lor the
better government and regulation of the officers and mem-
bers of said congregation, and for prescribing the time and
place for meeting of said congregation, and the manner by
which the objects of the same, to-wit: the worship of God
in accordance with the usages and doctrines of the Hebrew
faith, and the instruction of the children of said congrega-' -
tion in said usages and doctrines may best be effected. Such
by-laws, rules and regulations not to be inconsistent with
the laws of this state and of the United States.
§ 3. That in all suits of law or equity brought against suit^ of law.
this congregation, or in any suit brought by this congrega-
tion against any of its members or against any other person
or persons, any member of this congregation shall be admit-
ted as a competent witness.
§ i. This act to be in force from and after its passage.
Approved February 25, 1867.
AN ACT to incorporate the Peoria Hebrew Congregation Anshai Emeth, ^° ^'''fge^*'"^^
of tlie city of Peoria, county of Peoria, in the state of Illinois.
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the General Assembly, That Abraham corporators.
Frank, Henry Ullman, Leopold Ballenberg, Simon Lyon,
Henry Sclnvabacher, Max Newman, Leopold Louis, Leo-
pold Eohrback, Abraham Washenheimer, Morris Rosen-
heim, David Schwarzman, Gerson Bloom, Henry Netter,
Isaac A. Weil, David Eppstemer, Isaac Rosenfeld, Joseph
Daum, Julius M. Cohen, Jonas Solomon, Aaron Frank,
Jonas Carrosky, Joseph Schratzky, Abraham Field, Simon
Kaufman, George Wiener, Henry Ottenheimer, Daniel
Frank, L. B, Bennett, Moses Eppsteiner, Jacob Schwa-
bacher, August Frank, J. L. Dreifuss, Harry Ullman,
Joseph Schwabacher, and S. Sanders, their associates and
successors, be and they are hereby declared and constituted
a body corporate and politic, by the name and style of "The Name and style,
Peoria Hebrew Congregation Anshai Emeth of Peoria, Illi-
nois;" and by that name and style shall have perpetual ^eX'^*^ ^°'''
succession, with power to sue and be sued, plead and be
impleaded ; to acquire, hold and convey property, real, per-
sonal and mixed, in all lawful ways ; to have and to use a
common seal, and alter the same at pleasure ; to make, alter
and amend such constitution and byJaws, not inconsistent
with the constitution of the United States and of the state
of Illinois, as they may deem necessary and proper for the
24:4: CHURCBES.
government of said congregation, its officers, agents and
servants : Provided, that such constitution and by-laws shall
not be contrary and inconsistent with the fundamental prin-
ciples of the Hebrew faith.
Officers g 2. The officers of said corporation shall consist of
the president, one vice president, one secretary, one cashier,
and three trustees, who shall be elected annually, at such
time and place and in such manner as may be designated
by the constitution or by-laws of said congregation, and,
when elected, shall constitute and be called the Board of
Term of office. Administration, and shall act as such until tlieir successors
are elected and installed; and the officers and trustees now
in otHce shall continue to act as such until their successors
are duly elected and installed ; and all property, real, per-
sonal and mixed, now owned and possessed by said congre-
vestedpropei-ty gation, shall be vested in said board of administration and
their successors in office, for the use and benefit of said
congregation, forever ; and the said board of administration,
Powers of board for the time being, shall have power, by the president and
secretary, under the seal of said corporation, to execute
deeds of conveyance of and concerning the estate and pro-
perty herein authorized to be held by such congregation ;
and such deeds of conveyance shall have the same eilect as
Proviso. ]ii-e deeds made by natural persons : Provided, that no deed
or conveyance shall be made of any estate held as aforesaid
so as to defeat or destroy the interest or effect of any grant,
donation or bequest which may be made to such congrega-
tion ; but all grants, donations and bequests shall be appro-
priated and used as directed by the person or persons
Proviso. making the same : Provided, if it be not in a manner con-
trary to the principles of the Hebrew faith.
*^'rtrd^b"-l!a''v»" in § ^' That, the constitution and by-laws now in force and
force.^ '^^'^ heretofore adopted by said congregation shall be and con-
tinue in full force and effect until annulled, changed or
Proviso. amended in the manner provided therein: Provided, that
the same are not inconsistent with the constitution of the
United States and of this state and with the general laws
of this state.
§ 4. This act shall take effect and be in force from and
after its passage.
Approved March 7, 1867.
In force May 8, AK ACT to legalize the acts of trustees of the Methodist Episcopal Church
1807. of Chillicothe.
Preamble. WuEREAS, ou the fourth day of August, 1863, a board of
trustees of the Methodist Episcopal Church of Chillicothe,
Peoria county, Illinois, were elected, consisting of C. H.
CLUBS. 245
Clapp, Henry Truett, L. H. Thomas, Geo. H. Clapp, and
Alexander F. Pool; and, whereas, the said board, elected as
above stated, having tailed to have any record made of their
election in the recorder's office of said county, and other-
wise failing to legalize themselves as a board of trustees for
said church, and in the meantime have acquired title to
property for the use of said church to the value of some
iive thousand dollars ; therefore.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That E. H. ^o&tA of trus-
Olapp, Henry Truett, L. H. Thomas, Geo. H. Clapp, and
Alexander F. Fool, be and they are hereby declared to be
a board of trustees for the Methodist Episcopal Church of
Chillicothe, Peoria, county, Illinois, from the date of their
election (August fourth, 1863); and any title they have xuies valid,
acquired or may hereafter acquire for the use and benefit of
said church shall be valid in law.
§ 2. That the present board of trustees act until their Present boar-,
successors are chosen, as provided by general law, approved ■
March 3rd, 1846.
Approved March 8, 1867.
AN ACT to incorporate the Chicago Union Club House. Ii^ 12'^186T^^^'
Section 1. Be it enacted hy the Feojple of the State of
Illinois, represented in the General Assembly, That the per-
sons who shall become and continue stockholders in "the
corporation created by this act and in the manner herein
provided are made and constituted a body corporate and
politic, by the name and style of" The Chicago Union Club Name and style
House," and as such corporation shall have perpetual sue- corporate pow-
cession, may sue and be sued, may make contracts, and
make, use an alter a common seal, and have and exercise
all the powers, privileges and immunities and be subject to
all the liabilities incident to a body corporate and politic.
§ 2. The capital stock of said corporation shall be three ^^p"*^ ^'°*='^-
hundred thousand dollars, and shall be divided into shares
of Hfty dollars each, to be deemed personal property, and
transferable as such on the books of the corporation, in the
manner and subject to the restrictions provided in the by-
laws. It shall be lawful for the board of directors to deter- payment of in-
mine the time when and the amounts in which the install- »*^"'"^''*«-
ments of stock shall be paid; and they may levy and
collect annually, over and above such installment, and
assessment or annual due on each share of stock. The said ^aufel*"'* ^'°*
company, through their board of directors, shall have power
to impose fines and penalties on the members of said corpo-
24:6 CLUBS.
ration who shall be guilty of a violation of the rules and
by-laws, and may, for causes designated in the by-laws, sus-
pend or expel members, or they may declare forfeited any
shares of stock on which remainsjdue and unpaid for the space
of thirty days, any installment, assessment or annual due ;
Actions of debt, and Said corporation may maintain an action of debt in any
court of competent jurisdiction, to recover the amount of
any such fine, penalty, installment, assessment or annual
Duties of offi- due levied, assessed or called for. The said board of
cejs, agents, (j^j-ectors shall bc authorized to prescribe the duties of the
officers and agents of said corporation, and may require from
them bonds, with or without surety, to be approved bj^^the
board, with such conditions as they shall see lit to impose ;
By-laws and ^"^1 mav make by-laws and rules for the government of the
rules. officers and board and the management and control of the
property, interests and affairs of the corporation.
Annual meet- § 3. There shall bc an annual meeting of the stock-
ings of holders on the first Monday of May in each year, for the
Purposes of. pui'pose of electing the board of directors and the transac-
tion of such other business as shall be laid before them by
the directors, and special meetings may be called to consider
Proviso. any matter submitted by the directors : Provided, notice
of the object of such special meeting shall have been given
by depositing the same in the Chicago post office, addressed
to each stockholder, at least one week prior to the time fixed
for such meeting. The capital stock may be increased from
8todc.^^° time to time to any amount not exceeding one million of
dollars at any annual meeting. Each share of stock shall
Vote of etock- entitle the holder thereof to one vote for the election of
hoidders. directors and on all questions submitted to the stockholders :
Provided, no share shall be entitled to a vote on which
there is due and unpaid any installment, assessment or annu-
al due, and no person shall, after the organization of this cor-
poration, be permitted to become a subscriber to the
capital stock without the sanction of the directors, nor sliall
any share of stock be transferable on which there remains due
and unpaid any installment, assessment or annual due, nor
to any person who has not been, by vote of directors, ad-
mitted to the privilege of becoming a stockholder. The
date of holding the annual meeting may be changed by
vote of the corporation at any annual meeting.
Commissioners. § 4. Joliu IB. E-icc, Jolin 0. Dore, William Bross, John
Jones, John Wentworth, James P. Root, Joseph Medill,
A. C. Ilessing, John M. Wilson, Henry Smith, Horace
White, C. L. Wilson, Hasbrouck Davis, J. F. Ballantyne,
E. L. Taylor, J. D. AVard, Chauncey T. Bowen, Thomas
B. Bryan, Grant Goodrich, P. W. Gates, W. L. Newberry,
Henry Farnham, J. Y. Scammon, Perkins Bass, George
W. Gage, Jacob Rehm, Norman Williams, jr., E, B.
McCagg, Merrill Ladd, Norman B. Judd, A. F. Stevenson,
D. S. liammond, Charles H. Eeed, John V. Farewell, L.
CLUBS. 247
TJ. Bond, H. M. Shepherd, M. W. Loavitt, H. M. Singer,
J. S. Reynolds, Charles Mears, John H. Foster, John L.
Hancock, William L. Church, U. R. Ilawley, John L.
Thompson, Robert Lincoln, L. A. Irwin, J, M. Allen,
Walter Kimball, J. L. Beveridge, F. A. Eastman, R. M.
Hough, George M.. Kimbark, tTohn K, Pollard, Elliot
Anthony, 0. N. Holden, Samuel McRoy, T. M. Avery, W.
F. Milligan, Iver Lawson, C. C. P. Holden, George
Schnider, Isaac Spear, Peter Page, Charles Walker, George
Armour, E. S, Solomon, George Sherwood, Avery Moore,
and such others as they shall associate with them, are
hereby appointed commissioners to open books and receive stock subscrip-
subscriptions to the capital stock of said company and to ^'°'^
determine the form of such subscription and fix the amount
to be subscribed, prior to the complete organization of said
corporation, as herein provided. When the amount so hxed
shall have been subscribed, the said commissioners shall jMeetings.
convene a meeting of the subscribers at sudh time and
place as they shall determine, notice thereof having been Notice of.
tirst given in at least two of the Chicago daily papers, also
by depositing a written or printed notice in the Chicago
post office, addressed to each subscriber ; and at such meet-
ing the subscribers to the capital stock shall, under such
rules and regulations as shall be fixed by the said commis-
sioners, proceed to the election of a president, vice president, Election of
secretary and treasurer and seven directors, which said o*''®"-
officers and directors shall constitute the board of directors
of said corporation, who shall hold their office until the next
annual meeting and until their successors are chosen and
qualified. Upon the election, as aforesaid, the duties of said organization,
commissioners shall end, and this corporation shall be
deemed fully organized and may thereupon exercise all the
powers granted by this act.
§ 5. The said corporation are hereby authorized to Business and
purchase, erect, hire, use, maintain and operate a club °p®'''*'^'°°''
house or public hall with the necessary equipments and
appurtenances for public meetings or the use and occupa-
tion of said corporation, its officers, committees or employees,
together with such stores, restaurants, reading rooms, libra-
ry, or other rooms or apartments in connection with or
attached thereto, as they shall deem proper ; and they may,
from time to time, rent out their said hall or club house,
stores, offices, restaurants or other rooms or apartments ;
and may own and maintain a library and reading room in
their said building, and may admit such persons to the use
of the same as they shall deem proper, and may inaugurate
lectures, speeches or other public entertainments. The
said corporation shall be authorized to hold, own and enjoy
60 much real estate as shall be necessary for the object and
purpose of their organization ; and they may sell and dis-
248
pose of the same when the interest of the said corporation
shall require ; and may change the location of their said
club houtse or hall.
§ 6. This act shall be a public act, and take effect and be
in force from and after its passage.
Approved February 12, 1867.
In force April
21, 1867.
AN ACT to incorporate the Chicago Caledonian Club.
Corporators.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That Robert
Hervey, chief, Hugh Macalister, hrst chieftain, George
Kennedy ,*second chieftain, Wm. M. Dale, third chiettain,
and the other present clansmen and members of the Chicago
Caledonian Club, and such other persons as may hereafter
be admitted members of said club according to the rules
and regulations thereof, be and the same are hereby
declared and constituted a body corporate and politic, under
the name and style of " The Chicago Caledonian Club ;"
and shall have perpetual succession, and a common seal,
and may alter the same at pleasure; and, in and by such
name, may sue and be sued, implead and be impleaded, pro-
secute and defend, in all and every suit or suits at law or in
equity, in all courts whatsoever, and in all matters and places
where legal or equitable proceedings are had ; and, if
necessary, to sign, execute and deliver, by the chief and
third chieftain of said club for the time being, under the seal
thereof, (and when sanctioned by a vote of the club, at a
regular or called special meeting for that purpose,) all ^
arbitration or other bonds which may be necessary for ob-
taining the legal rights or advancing the interests of said
Sell and convey club ; and, also, in and by such name, to acquire, purchase,
Powers, etc.
property.
Constitution
and by-laws.
hold, grant, bargain, sell, alien and convey any property,
whether real, personal or mixed ; and to loan the money
and funds of the club and take promissory notes, bonds,
mortgages or other evidences of indebtedness for the funds
or money so loaned ; and to make and, from time to time,
alter, as the said chib may deem proper and expedient,
a constitution and by-laws for said club, declaring the pur-
poses and defining the powers of said club, the time and
manner of the election of the officers of said club and the
number and duties of such officers, and, generally, such
other provisions for the good government of said club as a
majority of the members present at any meeting may deter-
mine : Provided^ that such constitution and by-laws shall
not in any manner conflict with the constitution and laws of
the United States or of this state.
Place of meet-
ings.
5 Donations.
CONVENTS. 249
§ 2. The constitution and by-laws of said clnb, .^^^^n Record s^to^ba
recorded in the records ct said club, shall be in full force ; eviderfce,"^
and the production of such records containing the same
shall be received as evidence of the facts therein stated in
all courts of justice and upon all lawful occasions.
§ 3. The said corporation shall not at any one time hold Personal pro,
personal property to a greater amount than fifty thousand
dollars and real estate to a greater amount than fifty thou-
sand dollars ; and the same shall be usetl, sold, exchanged
or dealt with in such manner as shall be i)ruvided for in the
constitution and by-laws or as may be authorised by a vote
of a majority ot the members of the club present at any
regular Ineeting and in accordance with the provisions of
such constitution and by-laws.
§ 4. The rooms and meeting of said club shall be kept
and held in the city of Chicago; and, in case any donation,
devise or bequest shall be made to the said club for par-
ticular purposes, and said club shall accept the same, every
such donation, devise or bequest shall be faithfully applied,
in conformity with the conditions imposed by and for th«
purposes indicated by the donor ar testator,
Appkoved February 21, 1867.
A.N ACT to amend an act to incorporate tlie Springfield Roman Catiiolic jn fore© Feb.
Ursuline Convent of St. Josepli, in force February 24, 1859. 22, 1867,
Section 1. Be it enacted hj the People of the State of
Illinois^ rejyresented inihe General Asse7nhly^ That all the Name and style,
sisters of the Springfield Roman Catholic Ursuline Convent
of St. Joseph, residing or to reside in the city or near the
city of Springfield, are hereby constituted a body politic
and corporate, with all the corporate powers necessary to
carry out the objects of this act, under the name and style
of " The Springfield Roman Catholic Ursuline Convent of
St. Joseph." The corporation hereby created may adopt
and use a common seal, and alter and change the same at
pleasure ; and may sue and be sued in any and all courts
of this state or United States.
§ 2. On the first Wednesday in March, a. d. 1867, and Government
every three years thereafter, the sisters shall elect five trus-
tees from among their number of professed sisters, who shall
hold their ofiices for three years and until their successors
are elected ; and, together with the mother superior of the
order in Springfield, shall constitute the board of trustees
of the Springfield Roman Catholic Ursuline Convent of
St Joseph.
Yol. 1—17
250
The superior.
CONTENTS.
§ 3. The superior, duly elected or appointed by the
Roman Catholic bishop, according to the rules and laws of
Secretary and
treasurer.
By-laws.
Honorary de-
grees.
Vested rights.
DiTision of
property in
certain cases.
officio president of said board.
§ 4. The said board may elect from their number a sec-
retary and treasurer, who shall hold their offices for three
years ; and in the event of the death of any member of the
said board, the remaining members may fill the vacancy ;
and the majority of the board, with the president, shall
constitute a quorum.
§ 5. The said board may establish all by-laws, not in-
consistent with the constitution of the United States, or of
this state, which they may deem necessary fur the internal
management of the affairs of said board, and for the gov-
ernment of said institution.
§ 6. The aforesaid corporation shall have power to con-
fer honorary degrees in education, and to grant diplomas
for the same.
§ Y. The corporation hereby created may receive any
gift, conveyance, devise or bequest of any property, real
and personal ; and may make any contract, buy, sell and
convey the same in this their corporate capacity, and the said
corporate body and their successors shall continue to possess
the property so bought, received or otherwise acquired by
the present or future trustees in their corporate capacity for
the benefit, maintenance and support of said religious in-
stitution.
§ 8. If ever this institution or corporation shall cease
for any reasons whatsoever, all their property, real or per-
sonal, after all debts and due claims are paid, shall, under
the direction and supervision of the bishop of the diocese,
be divided into three parts; two-thirds shall be divided
equally among the sisters then living in the community,
the other tliird shall be divided among the orphans and
poor schools in the diocese, according to his discretion.
§ 9. This act to take effect and be in force from and
after its passage.
Approved February 22, 1SG7.
m force March AN ACT to incorporate the
9, 18G7. the II
Alton Roman Catholic Ursuline Convent of
Faniilv."
Section 1. Be it enacted hy the People of the State of
Illinois, repicsented in the General Assembly, That the
Corporators, bishop of Alton, and all the sisters of " The Alton Roman
Catholic Ursuline Convent of the Holy Family," residing,
or to reside in the city, or near the city of Alton, are here-
CONVENTS. 251
bv constituted a body politic and corporate, with all the cor-
porate powers necessary to carry out the objects of this act,
nnder the name and style of "The Alton Roman Catholic Name and style
tlrsnline Convent of the Holy Family." The corporation
hereby created may adopt and use a common seal, and alter
and change the same at pleasure ; and may sue and be sued
in any and all the courts of this state or United States,
§,:i. On the second Wednesday in March, a. d. 1867, E'^e^cuonoftrus
and every three years thereafter, the said bishop and the
sisters shall elect five trustees of their community, who
shall hold their offices for three years, and until their suc-
cessors are elected, and together with the bishop of Alton
and the mother superior of the order in Alton, shall consti-
tute the board of trustees of " The Alton Roman Catholic
Ursuline Convent of the Holy Family."
§ 3. The bishop of Alton shall be ex-officio president of P^sident.
said board of trustees, and the mother superior, duly elected
or appointed by the Roman Catholic bishop, according to
the rules and laws of the Roman Catholic church, shall be,
during her term of office, ex-officio, vice president of said '^'"^^ president
board.
§ 1. The said board may elect from their number a sec- Secretary and
retary and treasurer, who shall hqld their offices for three
years ; and in the event of the death of any member of said
board, the remaining members may fill the vacancy ; and
the ijiajority of the board, with the president, shall consti-
tute a quorum.
§ 5. The said board may establish all by-laws, not incon- By-iaws.
sistent with the constitution of the United States, or of this
state, which they may deem necessary for the internal man-
agement of the affairs of said board, and for the government
of said institution,
§ 6. The aforesaid corporation shall have power to con- ^°geg^''y ^^
fer honorary degrees in education and to grant diplomas
for the same.
§ 7. The corporation hereby created may receive any Gifts, devises,
gift, conveyance, devise or bequest of any property, real and *'®'5"^^'^' ^*''-
personal ; and may make any contract, buy, sell and convey
the same, in this their corporate capacity ; and the said corpo-
rate body and their successors shall continue to possess the
property so bought, received or otherwise acquired by the
present or future trustees, in their corporate capacity, for
the benefit, maintenance and support of said religious insti-
tution.
§ 8. If ever this institution or corporation shall cease, for any i^'^' f '''.^ "^ p''^;
, . ,^ ^^ ^ i . / .1 "^ perty in event
reasons whatsoever, then all property, real or personal, (after of cessation of
all debts and due claims are paid,) shall, under the direction «=°'"p°'"'"'*^°-
and supervision of the bishop of the diocese, or his succes-
sors, be divided into three parts ; one-third shall be divided
equally among all the sisters then living in the community ;
252
the other two-thirds shall be divided among the orphans
and poor schools in the diocese, according to his discretion.
§ y. This act to take effect and be in force from and
after its passage.
Approved March 9, 1867.
In force Febru- AN ACT to charter the city of Mattoon.
ary 6,' 1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the
inhabitants of the city of Mattoon, in the county of Coles
and state of Illinois, be and they are hereby constituted a
style of corpo- body politic and corporate, by the name and style of "the City
ration. of Mattoon," and by that name shall have perpetual succes-
sion, and may have and use a common seal, which they
may change and alter at pleasure.
Boundaries. § 2. The boundaries of said city shall include within
their limits, all within the following boundaries : Commen-
cing at the north east corner of the southeast quarter of
section number twelve (12), township number twelve ^^12),
north of range number seven (7) east of the third (3) prin-
cipal meridian, in Coles county, state of Illinois, and run-
ning thence due west to the northwest corner of the south-
west quarter of section number eleven (11) same township
and range aforesaid, thence due south to the southwest cor-
ner of the northwest quarter of section number twenty-three
(23) same township and range aforesaid, thence due east to
the Southeast corner of the northeast quarter of section
number twenty -four (24) same township and range aforesaid,
thence due north to the place of beginning.
Addition to city § 3. Whenever any tract of land adjoining the City of
Mattoon, shall be laid off into town lots and recorded accord-
ing to law, the same shall be annexed to, and form a }>ait
of said city.
Powers. -§ 4. The inhabitants of said city, by the name and style
aforesaid, shall have power to sue and be sued, to plead and
be impleaded, to defend and be defended in all courts of
law and equity, and in all actions whatever ; to purchase,
receive and hold property, real and personal in said city,
and to purchase, receive and hold property real beyond the
limits of said city, for burial grounds for the use of the
Rights^ es ^^^ inhabitants of said city ; and to sell, lease, convey and ini-
^'"^' ' prove property, real and personal, for the benefit of said
city, and to do all other things in relation thereto as natural
persons.
1st ward. § ^- The city of Mattoon shall be divided into two (2)
wards. All of that part of said city lying and being east
CITIES. 253
of the Illinois Central Railroad shall constitute ward num-
ber one (1) and all that part of said city lying and being
west of the Illinois Central Railroad, shall constitute ward 2d ward.
number two (2).
The city council shall have power to divide and subdi- Subdivision of
vide said wards as occasion may require, and fix the
boundaries thereof, having regard to the number of male
inhabitants.
ARTICLE II.
OFFICERS — THEIR ELECTION AND APPOINTMENTS.
§ 1. The municipal government of the city shall consist
of a city council, to be composed of the mayor and four city council,
aldermen from each ward until such time as the city is
divided into four (4) wards, after which the representation
in the city council shall be two aldermen from each ward.
The other officers of the corporation shall be as follows : A cierks, treasur-
city clerk, a city treasurer, a city marshal, a city police poiiee'"mSs-
magistrate and one (1) city supervisor, to each ward of the ^^f^^^f"^^'-^^^''-
two wards created by this act. All of the above named
officers shall be elected by the people. In addition to these. To be elected by
the city council shall have power by ordinance or resolution ®p®°p®-
to appoint a city attorney, a city surveyor and engineer, city attorney,
and, when the city shall contain six thousand inhabitants, a In^Ineer. '''^"^
city assessor and collector shall be appointed. All of these Assessor and
officers, whenever elected or appointed, shall, in addition to °o"ector.
the duties prescribed by this act, perform such other duties Duties of offi-
as may* be prescribed by ordinance. There shall also be °®'^®'
such other officers, servants and agents of the corporation
as may be provided by ordinance, to be appointed by the
city council, and to perform such duties as may be pre-
scribed by ordinance.
§ 2. At the annual charter election, to be held on the
first Monday of April of each year, there shall be elected by
the qualified voters of said city, a mayor, city clerk, city
marshal, city treasurer, and, once in four years, a city ^.^ eieciion
police magistrate ; and the person having the highest num-
ber of votes in the whole city, for either of such offices,
shall be declared elected. At the same time the electors,
in their respective wards, shall elect the number of alder-
men and supervisors which are provided for in section first,
of article 2d, of this act.
§ 3. All officers elected or appointed under this act,
except aldermen and city police magistrate, shall hold their
offices for one year and until the election or appointment
and qualification of their successors, respectively. All other Tenure of office
officers mentioned in this act, and not otherwise specially
provided for, shall be appointed by the city council, by bal-
lot, on the second Monday of April in each year, or as soon
thereafter as may be ; but the city council may specially
authorize the appointment of watchmen and policemen by
254 CITIES.
the mayor, to continue in office during the pleasure of the
city council: Promded^ the mayor or marshal may be
Removal from authorized to removG them from office for good cause. All
office. officers elected or appointed to fill vacancies shall hold for
the unexpired term, only, and until the election or appoint-
ment and qualification of their successors. The city police
Term of office magistrate shall hold his office for four (4) years.
i'atSte^^ '"*"" § 4, The several wards of the city shall be represented
in the city council by a certain number of aldermen from
each ward, (as provided in article 2nd, section 1st, of this
act,) who shall be bona fide residents thereof, and hold their
office for two (2) years, irom and after their election, and
Qualification of ^^^^^^ ^^^ elcctiou and qualification of their successors. At
aiderm'en. the first meeting of the city council, after the annual elec-
tion in April next, the aldermen slial^ be divided, by lot,
into two classes, consisting of an equal number of alder-
men from each ward ; the seats of those of the first class shall
Term of office be vacatcd at the expiration of the first year, and of the second
of aldermen. ^|j^gg ^^ ^}jq cxpiratiou of the secoud year, so that one-half
of the board shall be elected annually.
§ 5. If from any cause there shall not be a quorum of
aldermen remaining in office, the clerk shall appoint the
time and place of holding a special election to supply such
Vacancies. vacaucies, and to appoint judges thereof, if necessary. If
any alderman shall remove from the ward represented by
him his office shall thereby become vacant. If, from any
cause, the officers herein named shall not be appointed on
the second Monday of April in each year, the city- council
may adjourn from time to time until such appointments are
Failure to elect made. If there should be a tailure by the people to elect
any officers herein required to be elected the city council
may forthwith order a new election.
§ 6. Any officer elected or appointed to any office may
Removal from he rcmovcd froui such office by vote of three-fourths of the
office. aldermen authorized by law to be elected ; but no officer
shall be removed, except for good cause, nor unless first
furnished with the charges against him, and heard in his
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
proceed, within ten days, to hear and determine upon the
merits of the case; and if such officer shall neglect to
appear and answer to such charges then the city council
'may declare the office vacated: Provided^ this section shall
not bo deemed to apply to any officer appointed by the city
council. Such officer may be removed at any time by a
vote of three-fourths, as aforesaid, in their discretion ; but
any officer may be suspended until the disposition of the
charges, when preferred.
§ 7. Whenever any vacancy shall occur in the office of
mayor, alderman, or city police magistrate, such vacancy
CITIES. 255
shall be filled by a new election ; and the city council shall
order sacb special election within ten days after the happen- ^foi"^lylfficer''s
inor of sych vacancy. When any vacancy in the other
offices made elective shall occur the city council shall order
a special election within ten days after the happening of
such vacancy, unless more than nine months of their time
has expired ; in which case the city council shall appoint.
§ 8. All citizens of the United States, qualitied to vote *^J^|.'g^/^''''°° ^^
at any election held under this act, shall be qualified to
hold office created by this act; but no person shall be elegible
to any office under this or any other act in relation to said
city, who is now or may hereafter be a defaulter to said
cify, or to the state of Illinois, or to any other city or county
thereof; and any person shall be considered a defaulter
who has refused or neglected, or may hereafter refuse or
neglect, for thirty (30) days, after demand made, to account
for and pa}' over to the party authorized to receive the Qualifications of
same any public money which may have come into his pos- "'^ officers,
session ; and if any person holding any such office or place
•within the city shall become a defaulter, whilst in office, the
office or place shall thereupon become vacant.
§ 9. When two or more candidates for any elective office
shall have an equal number of votes for such office the Tie vote.
election shall be determined by casting of lots, in the
presence of the city council.
ARTICLE III.
ELECTIONS.
Section 1. A general election of all the officers of the Time, place and
corporation, required to be elected by this act or any ordi- eSons?^*^'*^
nance of the city, shall be held in each of the wards of the
city on the first Monday of April in each year, at such
places as the city council may appoint, and of which ten (10)
days previous public notice shall be given, by written or
printed notices, in three (3) public places in each ward, or
by publication in the newspaper publishing the ordinances
of the city, by the city clerk.
§ 2. The manner of conducting and voting at elections Manner of vo
held under this act, and contesting the same, the keeping of telfjng''^ °°°'
the poll lists, canvassing of the votes and certifying the re-
turns, shall be tho same as nearly as may be as is now or
may hereafter be provided by law at general state elec-
tions : Provided, the city council shall have power to regu-
late elections, and the appointment of the judges thereof.
The voting shall be by ballot, and the judges of the election Duties of judges
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 be counted in the man-
ner provided by law, and the returns shall be returned
256 CITIES.
sealed to the city clerk within two days after the election,
and thereupon the city council shall meet and caiivabs the
same, and declare the result ut the election. The persona
having the highest xiumber of votes for any office," shall be
declared elected. It shall be the duty of the city clerk to uo-
^'otice of eiec- tify all persons elected, or appointed to office, of their election
eiected.''^^''"" or appointment, and unless such person shall qualiiy within
twenty (20) days thereafter, the office shall become vacant.
Qualifications of g 3. J^'o person sliall be entitled to vote at anj' election
under this act, wdio is not entitled to vote at state elections,
and has not been a resident 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 twenty (20) days previous to such election, and if re-
quired by any judge or qualitied voter, shall take the
^^^^- following oath before he is permitted to vote: " I swear
(or affirm) that I am of the age of twenty-one years, that I
am a citizen ot the United States, (or was a resident of this
state at the time of the adoption of the constitution), and
have been a resident of this state for one year, and a resident
of this city six months inimediately preceding this election,
and am now, and have been for the last twenty (20) days
past, a resident of this ward, and have not voted at this
Proviso. election." Provided, that tlie voter shall be deemed a resi-
dent of the ward in which he is accustomed to lodge.
Closing of bar § 4. No election shall be held in any grogshop or other
tiotTday*." ^'''^' place where intoxicating or malt liquors are vended by retail;
nor shall any such place be ke.pt open for the sale or giving
away of such liquors on the day of any civil election in said
city.
Kg civil arrests g 5_ ^1] persous entitled to vote at anv election held
on election day. ^, , . in i . . .," • i •
nnder this act shall not be arrested in civil process within
said city upon the day on which said election is held ; and
all persons illegally voting at any election held under this
act, or'the ordinances of the city in pursuance thei'eof, shall
be punishable according to the laws of the state.
ARTICLE IV.
I'OWERS AND DUTIES OF OFFICEKS.
(jath of officers. § 1. Every pcrson 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 office prescribed in the constitution of this
state, and tile the same, duly certitied by the officer before
whom it was taken, with the city clerk.
Oath of mayor. § 2. The mayor sliall, before he enters upon the duties
of his office, in addition to the usual oath, swear or affirm :
" That he will devote so much of his time to the duties of
his office as an efficient and faithful discharge tlicreof may
Dntiee of mayor require." He shall preside over the meetings of the coun-
cil, and shall take care that the laws of this state and the ordi-
CITIES. 257
nances of this city are duly enforced, respected and ob-
served within the city, and thai all other officers of the city
discharge their respective duties ; he shall cause negligence
and positive violation of duty to be prosecuted and pun-
ished ; he shall, from to time, give the city council such in-
formation and recommend such measures as he may deem
advantageous to the city.
§ 3. "He is hereby authorized to call on all male inhabi-
tants of the city or county over the age of eighteen (18)
years to aid in enforcing the laws of the state or the ordinan-
ces of the city; and any person who shall not obey such call
shall forfeit to said city a iine of not less than five (5) dollare.
§ i. He shall have power, whenever he shall deem it May^ may ^^.^
necessary, to require of any of the officers of the city an records of city
exhibit of his books and papers, and he shall have power to '''*'^"^-
execute all acts that may be required of him by this act or
any ordinance made in pursuance thereof.
§ .5. He shall be liable to indictment in the circuit court indictment of
of Coles connty tor palpable omission of duty, willful op- '"^^°''
pression, malconduct or partiality in the discharge of the
duties of his office, and upon conviction shall be subject to
a tine not exceeding one hundred (100) dollars, and the
court shall have power, upon recommendation of the jury,
to add as part of the judgment, that he be removed from
office.
§ 6. He shall receive such salary as may be fixed by or- salary of mayor
dinance, not exceeding five hundred (.500) dollars per annum.
§ T. He shall, ex officio^ have power to administer any Powers of the
oath required to be taken by this act, or any law of the "''''^°''-
state ; to take depositions, the acknowledgment 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.
§ 8. In case of vacancy in the office of mayor, or of his ^a^e'SL'ce
beinsr utuible to perform the duties of his office, by reason or disability to
, . ^ " i- 1 1 • 1 li V actasmayor.
ot temporary or continued absence or sickness, the cuy
council shall appoint one of its members, by ballot, to pre-
side over its meetings, whose official designation shall be
" acting mayor," and the alderman so appointed shall be
vested with all the powers and perform all the duties of
mayor until the mayor shall resume his office, or the va-
cancy shall be filled by a new election,
§ y. The members of the city council shall be, ex officio, ^ehy^^founc^ii
fire wardens and conservators of the peace within the city, members.
and shall be exempt from jury duty and street labor or the
payment of street taxes d^iring their term of office.
■^ 10. The clerk shall keep the corporate seal and all ^^'J*'4^_°f '''^y
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
tiled in his office, and transcripts of the journals of the pro-
258 CITIES.
ceedings of the city council, certified by him, under the
corporate seal, shall be evidence in all courts, in like man-
ner 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 re-
ceipts and expenditures, in such manner as the city council
shall direct ; and he shall have power to administer any
oath required to be taken by this act.
Duties of city § 11. It shall be the duty of the city attorney to per-
attorney. r^^,^^ ^lj professional scrviccs incident to his office, and when
required, to iurnish written opinions upon questions and
subjects submitted to him by the mayor or the city council,
or its committees : jProvided, hoicever, that the oflSce of city
attorney and city clerk may be vested in the same person.
Duties of city § 12. The city treasurer shall receive all moneys belong-
ing to the city, and shall keep an accurate account of all
receipts and expenditures in such manner as the city coun-
cil shall direct. All moneys shall be drawn from the treas-
ury in pursuance of an order of the city council, by a treas-
ury warrant, signed by the mayor or the presiding officer
of the city council, and countersigned by the clerk; such
warrant shall specify for what purpose the amount therein
named is to be paid, the treasurer shall exhibit to the city
council at least twenty (20) 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 treasury,
which account shall be tiled in the office of the clerk.
Police magis- § 13. The city police magistrate shall be commissioned
commfssfonei ^y the govcmor of the state of Illinois, as a justice of the
by governor, peacc, aud as such shall give bond and take and subscribe
^lagistmef® tlie same oath of office as is now or may hereafter be
required of justices of the peace, by the laws of the state
of Illinois. He shall be a conservator of the peace within
Duties and pow- gaid city — he shall have power and authority to administer
ers of police , :•' , , i ,,:''. , ,
magistrate. oatlis, issuc writs and process, take depositions, acknowl-
edgments of deeds, mortgages and other instruments of
writing, and certify the s;:me as other justices of the peace.
'^poii'M*^''m'^a"is- ^^ &^y<^^\ have exclusive original jurisdiction in all cases
trate. " whei'O a punishment is provided for by the ordinances of
the city of Mattoon, and concurrent jurisdiction, power and
authority in all cases whatsoever with justices of the peace,
Fees of same, arising uudcr the laws of the state, and shall be entitled to
• the same fees for his services as justices of the peace in
similar cases : Provided^ that upon the necessary oath being
made by the defendant, as required by the law governing
Appeals and justiccs of tlic pcaco, a cliaiige of venue shall bo granted
venuf.* '^ from the police magistrate of said city, in all cases (except
in cases for the violation of any of the ordinances of said
city) to the nearest justice of the peace, who is hereby
CITIES. 259
invested, in such cases, witli all the authority of the police
magistrate, and he shall proceed to try the same : And,
provided,, also, that either party shall have a right to appeal
to the circuit court of Coles county in all cases in the same
manner as is provided by law, regulating appeals from jus-
tices of the peace.
§ 14. The city marshal shall perform such duties as ^j^'l^^^j^^f °"^
shall be prescribed by the city council for the preservation
of the public peace, the collection of license moneys, fines or
otherwise. He shall possess the powers and authority of a
constable at common law, and under the statutes of this
state, and receive like fees, but shall not serve civil process
without hrst entering into bond as such constable, to be
approved by the county court as in other cases. He shall
execute and return all process issued by any proper officer
under this act or any ordinance in pursuance thereof.
§ 15. The city engineer, or surveyor, shall have sole Duties and fees
power, under the direction and control of the city council, neer '%r ^su!-'-
to survey within the city limits, and he shall be governed ^eyor.
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 ^vithin the city, as is given by law to
count}' surveyors, and the like effect and validity shall be
given to his acts, and to all plats and surveys made by him. Powers of sur-
O 7^1 «/ v f Y6V0r.
as are or may be given by law to the acts, plats and surveys
of the county surveyor. He shall, when required, superin-
tend the construction of all public works ordered by the
city, make out the plans and estimates thereof and contract
for the erection of the same. He shall perform all survey- Duties of city
ing and engineering ordered by the city council, and shall, ^^"^eyor.
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 approved by them or they shall not be valid.
§ 16. The assessor and collector shall perform all duties Duties of asses-
in relation to the assessing of property for the purpose of ?or.^°
levying the taxes imposed by the city council. In the per-
formance of his duties he shall have the same powers as are
or may be given by law to county or town assessors, and be
subject to the same liabilities. On completing the assess-
ment lists, and having revised and corrected the same, he
shall sign and return them to the city council. He shall
collect all taxes and assessments, which may be levied by
the city council, and perform such other duties as may be
herein prescribed or ordained by the city council.
§ 17. The supervisors shall superintend all local im- Cities of su-
provements in the city and carry into effect all orders of the p®'"^'^"'^^"
city council in relation thereto. It shall also be their duty
to superintend and supervise the opening of streets and
alleys, and the grading, improving and repairing thereof,
260 CITIES.
and the construction and repairing of bridges, culverts and
sewers; to order the hijing, re-laying and repairing of side-
walks; to give notice to the ownersof property adjoining such
*l°idewarks°'^ °^ sidewalks, when required, and upon the failure of any per-
son to comply with such notice, to cause the same to be laid,
relaid or repaired, and apportion the costs thereof among
the persons or lots of property chargeable therewith, and
deliver the account thereof to the clerk, to be laid -before
the city council ; to make plans and estimates of any work
ordered in relation to streets and alleys, bridges, culverts
and sewers; to keep full and accurate accounts in appro-
Duties of su- priate books, of all appropriations made for work pertain-
pervisors. ^^^ ^^ [hew officc, and of all disbursements thereof, specifying
to whom made and on what account; and they shall render
monthly accounts thereof to the city council.
what^ the city g 18. The city council shall have power, from time to
requi're of"i*ty time, to rcquirc further and other duties of all officers whose
oaicers. 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 herein specially m3ntioned,
and fix their compensation. They may also require all
officers, severally, before they enter upon the duties of their
respective offices, to execute a bond to the city of Mattoon,
in such sum and with such securities as they may approve,
conditioned that they shall faithfully execute the duties of
their respective offices, and account for and pay over and
deliver all moneys and other property received by them,
which bond, with the approval of the city council certified
thereon by the clerk, shall be filed in his office.
Failure of city § 19. If any person, having been an officer of said city,
liver bookt shall uot, witlijn tcu (10) days after notification and request,
etc. to sucees- (jgjiyer to liis succcssor in office all the property, books,
papers and effects of every description, in his possession,
belonging to said city or appertaining to his said office, he
shall forfeit and pay for the use of the city, fifty (50) dollars,
beside all damages caused by his refusal or neglect so to
deliver, and such successor may recover possession of the
books, papers and effects belonging to his office, in the man-
ner prescribed by the law of the state.
oiEeers to be § 20. All ofiicers elected or appointed under this act
commissioned , n i . . i , ^ ^i .i , i
by city. snail be commissioned by wai rant, under the corporate seal,
signed by the mayor, presiding officer of the city council
or clerk.
ARTICLE V.
POWER OF THE CITY COUNCIL AND "DUTIES.
City council. § 1. The mayor and aldermen shall constitute the city
council of the city of Mattoon. The city council shall meet at
CITIES. 261
such time and place as they shall by resolution direct. The
mayor, when present, shall preside at all meetings of the city Mayor shaiipre-
council, and shall have only a casting vote. In'his absence, casting vote.'^
any one uf the aldermen may be appointed to preside. A
majority of the persons elected aldermen shall constitute a
quorum.
§ 2. The city council shall receive such compensation pay of city
for tlieir services as the city council may direct : Provided^ council.
that no member of the city council shall receive more than
three dollars for each regular monthly meeting of the city
council, and not more than one dollar for every called or
special meeting of the same ; and if any member shall be
absent from any meeting of the city council, he shall not
receive pay for that meeting. No member of the city
council shall be appointed to, or be competent to, hold any
office of which the emoluments are paid from the city trea-
sury, or paid by fees directed to be paid by any act or ordi-
nance of the city council, or be directly or indirectly city council not
interested in any contract the expense or consideration in'^'^'contrlcts!
whereof is to be paid under any ordinance of the city conn- •-''■c-
oil, or be allowed to vote in any matter in which he is
directly interested personally or pecuniarily.
§ 3. The city council shall hold twelve stated meetings Meetings of the
/ . 1 ■' 1 X T • 1 11 ° City council.
(one m each month) during the year, and the mayor or any
two aldermen may call special meetings by notice to each of the
members of the city council, served personally or left at their
usual places of abode. That said city of Mattoon shall not
at any time issue city bonds for a greater amount than five city bonds.
thousand dollars ($5,000) without submitting the question
of issuing such bonds to a vote of the legal voters of said
city, which vote or election shall be held as elections are
now held under this charter for the election of such officers
of the corporation, as by this act are required to be elected by
a vote of the people. If there is a majority in favor of
issuing bonds, then it shall be lawful for the corporation,
acting through the proper officer, to issue bonds. Petitions
and remonstrances may be presented to the city council, petitions, etc. to
and they shall determine the rule of their own proceedings, ^''^ council.
and be judges of the election and* qualification of their own
members, and shall have power to compel the attendance
of absent members.
§ 4. The city council shall have the control of the finances C'ty^j coX^oi
and of all the property, real, personal and mixed belonging hnances.
to the corporation, and shall likewise have power within
the jurisdiction of the city by ordinance.
First. — To borrow money on the credit of the city and May borrow
issue the bonds of the city therefor, but no sum of money shall "^°°®^"
be borrowed at a higher rate of interest than the rate allowed
by law, nor shall a greater sum or sums be borrowed, or at
any time outstanding the interest upon the aggregate of
which shall exceed the one-half of the city revenue arising
262 CITIES.
from the ordinary taxes within the city, for the year imme-
diately preceding, and no bonds shall be issued or negotiated
at more than ten per cent, below par vahie, and when so
issued and negotiated the interest on the same shall not
Appropriations cxcccd eight per cent, per annum. The appropriations ot
lor expenses, ^^^ ^^^^ council for payment of interest for improvements
and for city expenses during any one fiscal year, shall not
exceed the amount of the whole ordinary revenue of the
city for the fiscal year immediately preceding; but the city
council may apply any surplus money in the treasury to the
extinguishment of the city debt or the creation of a sinking
fund for that purpose or to the carrying on of the public
works of the city or the contingent fund for the contingent
expenses of the city.
Second. — To appropriate money and provide for the pay-
ment of the debts and expenses of the city.
General powers Tliivd. — To make regulations to prevent the introduction
of city council. ^^ coutagious discascs into the city to make quarantine laws
for that purpose, 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 imprisonment ; to define and declare
what shall be deemed nuisances, and authorize and direct
the summary abatement thereof.
General powers Fifth. — To providc the city with water, to make, regulate
of city council. ^^^ establish public wells, pumps and cisterns, hydrants and
reservoirs, in the streets within the city or beyond the limits
thereof, for the extinguishment of fires and the convenience
of the inhabitants and prevent the unnecessary Avaste of
water.
Powers of coun- Sixth. — To liavc the exclusive power and control over
*"'• the streets, alleys and highways of the city, and to abate and
remove any encroachments or obstructions thereon ; to open,
alter, abolish, widen, extend, straighten, establish, regulate,
grade, clean, or otherwise improve the same — to put drains
and sewers therein, and prevent the encumbering thereof in
any manner, and protect the same from any encroachments
or injury.
May construct Seventh. — To establish, erect, construct, regulate and keep
bndges, Itcf^^ ^'^ repair bridges, culverts and sewers, sidewalks and cross-
ways, and regulate tlie construction and use of the same,
and 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 wall them
up and cover them over, and to prevent, regulate and con-
trol the filling up, altering or changing the channels thereof,
by any person or persons.
Lipiiting the Eighth, — To provide for lighting the streets and erecting
^^^^' lamp posts and lamps thereon, and regulate the lighting there-
CITIES. 263
of, and from time to time create, alter and extend lamp dis-
tricts ; to exclusively regulate, direct aud control the laying
and repairing the gas pipes and gas fixtures in the streets,
alleys and sidewalks.
Ninth. — To establish and erect markets and market houses Market houses
and other public buildings of the city, and provide for the
government and regulaiion thereof, and the erection and
location, and to authorize their erection in the streets and
avenues of the cities.
Tenth.— ^0 provide for the inclosing, regulating and ini- Public grounds
proving all public grounds and cemeteries belonging to the ries.
city, and to direct and regulate the planting and preserving
of ornamental and shade trees in the streets or public
grounds.
Eleventh. — To erect and establish one or more hospitals Hospitals.
or dispensaries and control and regulate the same.
Twelfth. — To prevent the encumbering of the streets, ^'t'',°^\s'^etc^
alleys, sidewalks or public grounds w4th carriages, wagons,
cart's, wbeel-barrows, boxes, lumber, timber, fire wood,
posts, awnings, signs, or other substances or material what-
ever; to cotnpel all persons to keep the snow, ice, dirt and
other rubbish from the sidewalks and street gutters in front
of the premises occupied by them.
• Thirteenth. — To license, tax and regulate merchants, com- LUenses and
mission merchants, inn-keepers, brokers, money brokers, coundif *^''^
insurance brokers and auctioneers ; and to impose duties on
the sale of goods at auction; to license, tax, regulate, sup-
press and prohibit hawkers, peddlers, pawnbrokers, grocery
keepers, and keepers of ordinaries, theatrical or other exhi-
bitions, shows and amusements.
Tourteenth. — To license, tax, regulate and suppress hack- Liceases.
men, draymen, omnibus drivers, porters, and all others pur-
suing like occupations, with or without vehicles, and pre-
scribe their compensation ; and to regnlate and restrain
runners for stages, cars and public houses.
Fifteenth. — To license, tax, regulate, prohibit and suppress '^drjnkfn"^^*®
billiard tables, pin alleys and bowling alleys ; to suppress and houses°^etc.
restrain disorderly houses, tippling shops and groceries, baudy
houses, gambling houses, lotteries and all fraudulent devices
and practices, and all playing of cards, dice and other games
of chance, with or without betting, and to authorize the
destruction of all instruments and devices used for the pur-
pose of gaming.
Sixteenth. — To authorize the proper officer of the city to
■grant and issue licenses, and to direct the manner of issuing
and registering thereof, and the fees and charges to be paid
therefor. No license shall be granted for more than one
year, and not less than three dollars, or more than one
thousand dollars shall be charged for any license under
this act, and the fees for issuing the same shall not exceed
one dollar, but no license for the sale of wines or other liquors,
264 CITIES.
ardent or vinous, fermented or malt, at wliolesale or retail
by grocery keepers, inn-keepers, or others shall be issued
for less than fitty dollars, or more than one thousand dol-
lars.
Eesirain the Seventeenth. — To restrain, regulate and prohibit the selling
foie. of intox- qj. giving away of any intoxicating or malt liquors, by any
ica iDg iquors. ^^^^^.^^^ vi^ithin tlic city, except by persons duly licensed ;
to forbid and punish the selling or giving away of any in-
toxicating or malt liquors to any minor, apprentice or ser-
vant, without the consent of the parent, guardian, master or
mistress.
Forestalling Eighteenth. — To prevent, restrain and punish forestalling
^°'^''^^"'"""^' and regrating ; to regulate the inspection and vending of
fresh meats, poultry and vegetables, of butter, lard and other
provisions, and the place and manner of selling fish and
inspecting the same.
Supervision of Nineteenth. — To regulate, license and prohibit butchers,
butchers. ^^^^ to.rovoke their licenses for mal-condnct in the course of
trade.
Weights and Tioeutieth. — To establish standard weiglits and meas-
measures. ^^^^^ ^^^ ^^ regulate the weights and measures to be
used within the city, in all cases not otherwise provi-
ded bylaw; to require all traders or dealers in merchan-
dize 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 estabhshed by law or ordinance.
Inspection of Tweuty-Jirst. — To regulate and provide for the inspecting
lumber, etc. ^^^^ measuring of lumber, shingles, timber, posts, staves,
heading and all kinds of building materials, and for the
measuring of all kinds of mechanical work, and to appoint
one or more inspectors or measurers.
Regulating the Twenty -MConcL. — To provide for the inspection and weigh-
luet etc.^''^^' ing of hay, lime and stone coal, and the place and m.anner
of selling the same ; to regulate the measurement of iiro
wood, charcoal and other fuel, to be sold or used within
the city, and the place and manner of selling the same.
Regulating the Twenty-thivd. — To regulate the inspection of beef, pork,
meats and gro- flour, meal and other provisions, salt, whisky and other
ceries. "" liquors, to be sold in barrels, hogsheads, and other vessels
or packages ; to appoint weighers, gangers and inspectors,
and prescribe their duties and regulate their fees : Provided,
that nothing herein 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
request of the owner thereof, or his agent.
Regulate sale Twenty-fouHli. — To regulate the weight and quality of
of bread. ^^xQ bread to be sold within the city.
CITIES. 265
Twenty-fifth. — To rea:nlate the size and quality of bricks Regulating
to be sold or used within the city, and the inspection '^'■"='^^-
thereof.
Twenty-sixth. — To create, establish and regulate the po- ciiy police.
lice of the city ; to appoint watchmen and policemen, and
prescribe their duties and powers.
T'loenty-seventh. — To prevent and suppress any riot, rout. Maintain the
affray, noise, disturbance or disorderly assembly in any p^i^I'^ peace,
public or private place within the city, and to provide for
the punishment of any and all persons engaged therein, by
line or imprisonment, or both.
Twenty-eighth. — To prohibit, prevent and suppress horse ^.^ prevent ra-
racing, immoderate riding or driving in the streets, and to <^ing. and fast
authorize persons immoderately riding or driving, as afore- "^'"^"
said, to be stopped by any person ; to prohibit and punish
the abuse of animals ; to compel persons to fasten their
horses, or other animals attached to vehicles, or otherwise,
while standing or remaining in the streets.
Twentu-ninih. — To restrain and punish vas-rants, mendi- vagrants, pros-
1 1 • o ? titiites etc
cants, street beggars and prostitutes.
Thirtieth. — To res-ulate, restrain or prohibit the runnino- Prevent the
.1 ,.1 ^ ...1 • 1 . T " running at
at large ot horses, cattle, swme, sheep, goats, and geese, large of ani-
and to authorize the distraining, impounding and sale of '"^'^'
the same for the costs of the proceedings and the penalty
incurred, and to impose penalties on the owners thereof for
the violations of any ordinances 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, and to levy a special tax on dogs not exceeding one
dollar.
Thirty-first. — To prohibit and restrain the rolling of To prevent fly-
hoops, flying of kites, or any other amusements or practices otLranaoylng
tending to annoy persons passing on the streets or side- p''«<="c««-
walks, or to frighten horses or teams ; to restrain and pro-
hibit the ringing of bells, blowing of horns or bugles, crying
of goods, and all other noises, performances 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.
Thirty-second. — To abate all nuisances which may injure To abate nuis-
or affect the public health or comfort in any manner they '"'^^^"
may deem expedient.
Thirty third.— To do all acts and make all regulations
which may be necessary or expedient for the promotion of
health and the suppression of disease.
Thirty fourth. — To compel the owner or occupant of any To preserve
grocery, cellar, soap or tallow chandler, or blacksmith shop, 'Kty.'" '"*
tannery, privy, stable, sewer or other unwholesome or nau-
seous house or place ; to cleanse, remove or abate the same,
Vol. 1—18
266 CITIES.
as may be necessary for the health, comfort and convenience
of the inhabitants.
Distilleries, Thiriij-fifth. — To direct the location and regulate tlie
siatigiueri'ng management and construction of breweries, tanneries, black-
houses, etc smith shops, fonnderies, livery stables and packing honses;
to direct the location and regulate the management and
construction of and restrain, abate and prohibit within the
city, and to the distance of one mile from the limits thereof,
distilleries, slaughtering establishments, establishments for
steaming or rendering lard, tallow, offal and such other
substances as may be rendered, and all other establishments
or places where any nauseous, offensive or unwholesome
business may be carried on.
Burial of dead. T/iirtysixth. — To regulate the burial of the dead ; to
establish or regulate one or more cemeteries ; to regulate
^e^athl\nd ^hc registration of births and deaths ; to direct the return-
births, ing and keeping of bills of mortality, and to impose penal-
ties on physicians, and sextons, and others for any default
in the premises,
ciiy census. Thirty -Seventh. — To provide for the taking an enumera-
tion of the inhabitants of the city. •
Work house, or Thirty -eighth. — To erect and establish a work house or
rectfon.°^ '^°'" house of corrcctiou, make all necessary regulations therefor,
and appoint all necessary keepers or assistants. In such
work house or house of correction may be confined all
vagrants, stragglers, idle and disorderly persons, who may
be committed thereto by an}'' pro]3er otticer, and all persoiis
sentenced by any criminal court or magistrate in and for the
city or for the county of Coles, 4or any assault and battery,
petit larceny, or other misdemeanor punishable by imprison-
ment in any county jail, and any person who shall fail or
neglect to pay any fine, penalty or cost imposed by any
ordinance ot the city, for any misdemeanor or breach of any
ordinance of the city, may instead of being committed to the
the county jail of Coles county, be kept therein subject to
labor and confinement.
Provision for Thirty-ninth. — To authorize and direct the taking up and
a>en.'"^^ '^^'''" providing for the safe keeping and education, for such peri-
ods of time as may be deemed expedient, of all children
who are destitute of proper parental care, wandering about
the street committing mischief, and growing up in mendi-
cancy, ignorance, idleness and vice.
To clean private Fortieth. — To fill up, drain, cleanse, alter, relay, repair
premises. ^j^^-j rcgulatc any grounds, lots, yards, cellars, private drains,
sinks and privies, direct and regulate their construction and
cause the expenses thereof to be assessed and collected in
the same manner as sidewalk assessments. /
To regulate rail- Forty -first. — To direct and control the laying and con-
road tracks, etc struction of railroad tracks, 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-
CITIES. 267
outs and switches, shall be so constructed and laid as to inter-
fere as little as possible, with the ordinary travel and use of
the streets and alleys, and that sufhcient space shall be left on
either side of said ^tracks for the safe and convenient passage
of teams and persons ; to require railroad companies to keep
in repair the street through which their track may run, and
to construct and keep in repair suitable crossings at the
intersection of streets and alleys and ditches, sewers and
culverts, where the city council shall deem necessary; to
direct and prohibit the use, and regulate the speeed of loco-
motive engines within the inhabited parts of the city ; to
prohibit and restrain railroad companies from doing storage
or warehouse business or collecting pay for storage.
t'orty second. — The city council shall have power to open Power of city
,'',,, ,i"^ .-, •!./? 1 Z council to ex-
or extend streets or alleys across the right ot way, depot or tend streets
other grounds of any and all railroads now built or hereaf- ^nd alleys.
ter to be built through the corporate limits of said city.
When any street or alley shall cross the right of way, depot,
or other grounds of any railroad company, such com-
panies shall construct and keep in repair such sidewalks
as may be required by ordinance, and good and sufficient
crossings across their right of way, depot or other grounds.
If any company shall neglect or refuse to build or repair
such sidewalks, crossing or crossings, when notified so to
do in the manner prescribed by ordinance the city council
may cause the same to be done and collect the cost thereof
ft-om such company by action of debt or such other man-
ner as may be provided by ordinance.
Forty-third. — The city council shall have power to pass, Power to pass
■publish, amend and repeal all ordinances, rules and police ordinances,
regulations, not contrary to the constitution of the United
States or of this state, for the good government, peace and
order of the city, and the trade and commerce thereof that
may be necessary or proper to carry into effect the powers
vested by this act in the corpoi^ation, the city government or General powers
any department or ofiicer thereof, to enforce the observance of city council
of all such rules, ordinances and police regulations, and to c^t.yf°^^'^'^
punish violations thereof by fines, penalties and imprison-
ment 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 tine or penalty shall exceed
five hundred dollars, nor the imprisonment six months, for
any oftence, such fine or penalty may be recovered with cost
in an action of debt, in the name or for the use of the city,
before any court having jurisdiction, and punishment inflict-
ed, and any person upon whom any tine or penalty is
imposed, shall stand committed until the payment of the
same and costs, and in default thereof may be imprisoned
in the county jail, city prison or work house, or required to
labor on the streets or other public works of the city, for
268 CITIES.
such time and in such numner as may be provided by ordi-
nance.
ARTICLE YI.
OF TAXATIOIf.
§ 1. The city council sliall have power within the city
by ordinance,
Power fo levy FiTst. — To lay and collect annually,^ taxes not exceeding
erar^)u°rpoies." ^^'^ (^) i^ii^ls to the dollar, ou the assessed value of all per-
' sonal and real estate and other property within the city and
all personal property of the inhabitants thereof, made tax-
able by the laws of the state for state purposes, to defray
the general and contingent expenses of the city not herein
otherwise provided for, which taxes shall constitute the
general fund.
Tax to pay city Second. — To lovy and collect taxes not exceeding three-
debt and inter- ^^^ jnills to the dollar, per annum on all property subject to
taxation, to meet the interest accruing on the debt of the
city; and the city council shall pass no ordinance or resolu-
tion incurring or creating a debt, without at the same time
making provision for levying a tax sufficient to meet the
payment of the interest accruing thereon when ])ayable.
Tax for public Third. — To annually levy and collect taxes on all property
fi\iiidings. subject to taxation, when required for the erection of a city
hali, market houses, hospitals, city prison or work house,
the purchase of market grounds, public squares or parks, or
any other public improvement: Provided^ the estimated
cost of a city hall, work house or market house may be
apportioned by the city council and collected by a series of
annual assessments ; but the cost of market grounds, market
houses, public squares or other improvements may be levied
and collected upon all the real estate and other property in
the natural divisions of the city in which they are located.
No local improvement under this section shall be ordered
in any division or ward, unless the aldermen from such ward
* shall vote for the same ; but no tax or taxes shall be levied
in any one year under this section, which shall exceed five
(5) mills to the dollar (except by a vote of the people) on
•' the property assessed for any or all the purposes herein
specified. The revenue arising from such markets or other
improvements, shall be applied to the liquidation of the cost
thereof, and taxes shall be levied and collected to make up
the deficiency.
Tax for lighting Fourtli. — To Icvy and collect upon all property in such
the city. districts as they shall from time to time create, a tax suffi-
cient to defray the expenses of erecting lamp posts and light-
ing the streets in such district or ward, and tlie tax tlius
collected shall be exclusively expended for such purpose in
the district or ward paying the same.
CITIES. 269
Fifth. — To require and it is hereby made tlie (\\\\y of Tax for street
everA m le resident of the cit}'- over the n-e nt" twenty-one '*^°''"
yeaiv ai.<! under the age of tifty years, to hiOor not li^ss than
three «la\s in each year upon the streets and alleys of the
city; lint any person may, at his option, pay in lieu thereof
such c-'iuniutation as may be by ordinance' required. But
no set-otf ^hall be {llloweti in any suit brou^uht to collect the
ARTICLE YII. %
ALLEYS AND ASSESSMENTS THEKEFoK.
§ 1. The city council shall have power, on the petition Power to open
of lot owi'or or owners, in any block, to cause an alley or * ^^^'
alleys t(» be opened in the same; but no petition shall be
considered by the city council unless the petitioner or peti-
tioners ,-liall have lirst notified all persons owning prop^-rty
in said 'lock, by personal ii-otice, or if non-re.>idents, by
publication in the newspai)er publishiuij the ordina ices of
the city, of his or their intention to ofier a petition for said
§ 2. If any owner or lessee, of any lot or property in i"
case of re-
monstrance
said block, shall object or remonstrate against the opening against open-
of an alley in the same, then it shall be tlje duty of the cily '"s«"«y«-
council to appoint, by ballot, three disinterested comrais-
sionei's, who shall be sworn to discharge their duty in a
faithful and impartial manner.
§ 3. The commissioners shall give at least five days' Proceedings of
notice to all parties interested, of the time and place of their to^'^aseertafn
meeting, at which time they shall pntceed to ascertain the belTems! ""^
damages, if any, accruing to the person or persons objecting
and remonstrating, and at the same time to ascertain what
person or persons are benefited by the contemplated alley,
and assess the benefits on the persons or propeity benetjted,
as near as may be, in proportion to such benefits; but no
assessments shall be made on property outside of the block in
which the alley is contemplated, nor for a less sum than the
dama<_'es awarded. Having completed their avvards and
assessments, the commissioners shall repoit the same, in
writing, at the next regular meeting of the city council.
§ -1. Ir shall be the duty of the city clerk to iiotify all city eierk shall
persons interested of the awards and assessments ot the alvardTaDdas*-
commissioners, and state the time at which the city council ^essments.
will consider and pass upon the same^ at which meeting the
persons assessed and the persons to whom damages are
awarded, shall have the privilege of appearing to show cause,
if any, why said awards and assessments should not be con-
firmed by the city council.
§ 5. The city council shall have the power to alter, city council
amend, confirm or reject said awards and assessments, or ^hL'^c^ommis-
refer back said application and remonstrance to the same or »^°'^«'^-
270 CITIES.
other commissioners, to be appointed in like manner in their
stead. If the awards and assessments are confirmed, an
order of Cdnfirmatioii shall be entered directing a warrant
to issue for the collection thereof.
§ 6. No alley shall be opened unless the damages awarded
shall have lirst been paid into the city treasury.
§ 7. The city treasurer shall hold the funds so paid,
subject to the order of the party or parties in whose favor
the assessment was made, and wdien all the assessments
f levied shall have been paid into the city treasury it bhall be
the duty of the city council to direct that an order issue for
the opening of the alley petitioned for.
Proceedings in 8 S. Where any knowu owuer or othcr pcrsou, proving
case of minors -.. .. '' ■> , . • ■•■ .,, ., i"
interested in an interest m any real estate, residing in the city or else-
brcond'emned° wlicrc, sliall bc a miuor, and any proceedings shall be had
under this act, the judge of the circuit court of Coles county,
the county judge of said county, or any judge of the su-
preme court may, upon the application of the city council,
or such infant, or his next friend, appoint a guardian for
such minor, taking security from such guardian for the
faithful execution of such trust, and all notices and sum-
mons required by this act shall be served on such guardian.
ARTICLE Till.
OF ASSESSMENTS FOR OPENING STREETS AND PUBLIC GROUNDS.
^^Tmcii°^ ^'to § ^- '^'^^ ^^^y council shall have power to open and lay
make ftssess- out public grounds or squares, streets and highways, and to
ing^trects°ami alter, widcu, coutract, straighten and discontinue the same,
public grounds -q^^^ ^^^ Street, alley or highway, or any part thereof, shall
be discontinued or contracted, without the consent, in wri-
ting, of all persons owning land or lots and adjoining said
street, alley or higliway. They shall cause all streets or
highways and 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 improvements and the real estate required to be
taken, and the same when opened and made shall be [)ublic
highways and public grounds,
-roeeedings in g 2. Whenever any Street or highway, public grouiid Or
fng^st'reetT^or squarc is proposed to be laid out, opened, altered, widened
pubiicgrounds ^_,j. gt,,.^i^.i,teiied by virtue hereof, and the amount of com-
pensation can not be agreed upon, the city council shall give
notice of their intention to appropriate and take the land
necessary for the same, to the owner thereof, by ])ublishing
said notice for ten days in the newspaper publishing the
ordinances of the city, at the expiration of which time they
shall choose, by ballot, three disinterested freeholders, resi-
ding in the city, as coininissioners, to ascertain and assess
the damages and recompense due the owmers of said real
estate respectively, and at the same time to determine what
persons will be benefited thereby, in proportion as nearly
CITIES. 271
as may be, to the benefits resulting to each. A majority of
all the aldermen authorized by law to be elected, shall be
necessary to a choice of such commissioners.
§ 3. The commissioners shall be sworn faithfully and ^j^Jl^^.^on'^J.r"'"
impartially to execute their duties to the best of their abili-
ties. Before enterino; upon their duties they shall give at
least five days' notice to all persons interested, of the time
and place of their meeting, for the purpose of viewing the
premises and making their assessments, which notice shall
be given personally, if the owners are residents and known,
or by publication in the news[»aper publishing the ordinan-
ces of the city, if non-residents, or unknown. They shall
view the premises, and in their discretion receive any legal
evidence, and may, if necessary, adjourn from day to day,
§ 4. If there should be any building standing in whole mease of buiid-
• . i 1 1 1 i 1 J. 1 ii • • i'lf? on land to
or in part, upon the land to be taken, the commissioners be used for
before proceeding to make their assessments, shall first ^^^1'° ^""^
estimate and determine 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.
§ 5. At least five (5) 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 un-
known, like notice to all persons interested, shall he given
by publication in the newspaper, publishing the ordinances
of the city, such notice shall specify the buildings and the
award ot the commissioners and shall be signed by them.
It shall also require the persons interested to appear by a
day to be named therein, or give notice of their election, to
the city council either to accept the award of the commis-
sioners and allow such building to be taken 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 remove such build-
ing he shall have such reasonable time for that purpose as
the city council may direct.
§ 6. If the owner refuse to take the building at its i" ^c'lse of re-
appraised value to remove, or fails to give notice of his inten- owner °
tion as aforesaid, within the time prescribed, the city coun-
cil shall have power to direct the sale of such building at
public auction for cash, or on credit, giving five (5) days
public notice of the sale. The proceeds of the sale shall he
paid to the owner or deposited to his use.
§ 7. The commissioners shall thereu'pon proceed to
make their assessment and determine and appraise to the
owner the value of the real estate appropriated and the
injury arising from the condemnation thereof, which shall
be awarded to such owner as damages, after making due
272 CITIES,
allowance therefrom, for any benefit whicli such owner may
derive from such improvement. In the estimate of dam-
a2;es to the land, the commissioners shall include the value
of the buildings if the pro])erty of the owner of the land
as estimated by them as aforesaid, less the proceeds ot the
sale thereof, or it taken by the owner at the value to remove
— in that case they shall only include the difference between
such value, and the whole estimated value of such building.
Duties of ap- § 8. If the damages to any person be greater than the
mfssiolerr™' benefits received, or if the benefits be greater than the
damages, in either case the commissioners shall stiike a
balance and carry the difference forward to another cohimn,
so that the assessment may show what amount is to be
received or paid by such owner respectively, and the difi\?r-
ence only, in any case, be collected of or paid by them.
§ 9. If the lands and buildings belong to different per-
sons, or if the land be subject to lease or mortgage, the
injury done to such persons, respectively may be awarded
to them by the commissioners, less the benefits resulting to
them respectively, from the imi)rovements.
§ 10. In case the damages arising from the opening of
any street, highway, or otiier public improvment, exceeds
the benefits accruing to the real estate through which it
passes, or adjacent thereto, then the commissioners shall
assess the difference on the inhabitants of the city, ward or
district.
Proceedinss of § 11. Having ascertained damages and expenses of such
nmaloners?'''"' iiiipi'*^ cement as aforesaid, the commissioners shall there-
upon apportion and assess the same together with the costs
of the ))roceedings upon the real estate by them deemed
benefited in proportion to the benefit resulting from the
improvements as nearly as may be, and shall describe the
real estate upon which tneir assessment shall be made. When
completed the commissioners shall sign and return the same
to tlie city council, within ten days after completing the
same.
Notice to boKiv jv 12. The clcrk shall <>ive ten (10) days' notice by pub-
en by uio cieik , . '\. . , ^ 1 1- 1 • ^I T f 4.1
lication m tlie newspaper publishing the tu-dmances oi the
city, that such assessment has been returned, and on a day
to be specified therein, will be confirmed by the city council,
unless objections to tlie same are made by some person
interested. Objections shall be heard before the city coun-
cil, and the hearing may be adjourned from day to day.
The city council shall have power in their discretion, to
confirm or annul the assessment, or refer the same back to
the commissioners. If annulled all the proceedings shall be
void, if confirmed, an order of confirmation shall be entered,
directing a warrant to issue for the collection thereof. If
referred back to the same or other commissioners, they
shall proceed to make their assessment and return the
same in like manner, and give like notices as herein required
CITIES. 273
in relation to the first, and all parties in interest shall have
the like notices and rights, and the city council shall per-
form like duties and have like powers in relation to any
subsequent determination, as are herein given in relation to
the first.
S 13. The city council sliall have power to remove com- Removal of
.o . _ »' . . • i 1 • 1 commissioners
missiouers, and irom tnne to time appoint others m place
of such as may be removed, or refuse, neglect, or are unable
from any cause to serve.
§ U. The land required to be taken for the making, L'^^'^^^^ ^to^^^b^
opening, widening, straightening or altering any street, alley lic uses.
or other highway, or public ground or square, shall not be ap-
propriated until the damages awarded therefor, to any ownier
thereof, under this act, shall be paid or tendered to such owner
or his agent, or in case such owner or his agent can not be
found within the city, deposited to his or their credit in
some safe place of deposit, other than the treasurer's hands,
and then, and not before, such lands may be taken and
appropriated for the purpose required in making such im-
provements, and such streets, alleys, or other highways or
public grounds may be made and opened.
§ 15. When the whole of any lot or parcel of land ^^!,^^^-,^^g ^J
or other premises under lease or other contract shall be
taken for any of the purposes aforesaid, by virtue of this tracts."
act, all the covenants, contracts and engagements between
landlord and tenant, or any other contracting parties
touching the same or any part thereof, shall upon the con
firmation of the report of the commissioners respectively,
fully. cease and be absolutely discharged.
§ 16. When part only of any lo^ or parcel of land or ^JSthe'iLd
other premises, so under lease or contract, shall betaken is taken.
for any of the purposes aforesaid, by virtue of this act, all
the covenants, contracts, agreements and engagements
respecting the same upon the confirmation of the report of the
commissioners, shall be absolutely discharged as to that part
thereof, so taken, but shall remain valid as to the residue
thereof; and the rents, consideration and payments received,
]»ay able and to be paid for or in respect to the same shall be so
proportioned as that part thereof justly and equitably pay-
able for such residue thereof, and no more, shall be paid or
recoverable in any respect of the same.
§ 17. Any person interested may appeal from any order °^^°^'^^p°^j^\*°o
of the city_ council for opening, altering, widening or the ' circuit
straightening any street or other highway, or public ground, '"'"'''•
to the circuit court of Coles county, by notice in writing to
the mayor, at any time before the expiration of twenty (20)
days after the passage of said final order. In case of appeal
the city council shall make a return within thirty (30) days
after notice thereof, and the court shall at the next term after
return filed in the office of the clerk thereof, hear and
determine such appeals and confirm or amend the proceedings
274 ' CITIES.
form which judgment no appeal or writ of error shall lie.
Upon the trial of the appeal all questions involved in said
proceeding, inchiding; the amount of damages, shall be open
to investigation by affidavit or oral testimony adduced to
the court, or upon application of the city, or any party.
The amount of damages may be assessed by a jury of said
court, without formal pleadings, and judgment rendered
accordingly, and the burden of the proof shall in all cases be
upon the city, to show that the proceedings are in conformity
with this act.
The owner and § 18- In all cascs where there is no agreement to the
not the tenant contrary, the owner or landlord and not the tenant occuiiant,
shall be con- ^ t, , '' ' ^ , ^ ^ 111 1 1 ,
sidered as the shall be deemed the person who shall and ought t<:) pay
interested par- ^^^| bear, every assessment made for the expense of any
public improvement. Where any such assessment shall be
made upon or paid by any person, when by agreement or
by law the same ought to be borne or paid by any other
person, it shall, be lawful for one so paying, to sue for and
recover, of the persons bound to pay the same, the amount
so paid with interest. Nothing herein contained shall in
any way impair or afiect any agreement between landlord
and tenant, or other person, respecting the payment of
such assessments.
City council § 19- The city council may, by ordinance, make any
thtV°eiwfbed changes they may deem advisable, in the proceedings here-
mode of ap- in prescribed, for ascertainina; the damages and iniurv oc-
praising and K , , ' ° i , , , .^ ^i
condemning casioncu to any persou or real estate by reason ot the
land. condemnation of such real estate, or any real estate upon
which any buildings may be situated, in whole or in parf-,
and the assessmeii^t of such damages and injury upon per-
sons or real estate benefited by the improvement, and in
a!l such other respects as experience may suggest,
incasetheown- § 20. Where any kuowu owner, or other person, prov-
er is a minor, jjjg j^jj interest in any real estate, residing in the city or
elsewhere, [who] shall be a minor, and any proceedings shall
be had under this act, the judge of the circuit court of Coles
county, the county judge of said county, or any judge of
the supreme court, may, upon the application of the city
council, or such minor or his next friend, appoint a guardian
for such minor, taking security from such guardian for the
faithful execution of such trust, and all notices and sum-
mons required by this act, shall be served on such guardian.
ARTICLE IX.
rUBLIC IMPROVEMENTS, AND ASSESSMENTS TUEREFOK.
Grading of § 1. Tlic city couucil sliall liavc power, from time to time,
s reets, etc. ^^ causc any street, alley or other highway to be graded, re-
graded, levied, paved or planked, and keep the same in
repair, and alter cind change the same.
CITIES. 275
Second — To cause cross and sidewalks, main drains and sidewalk?, etc.
sewers and private drains to be constructed and laid, re-laid,
cleansed and repaired, and regulate the same.
Third — To grade, improve, protect and ornament any Puwie grounds,
public square or other public ground now or hereafter laid
out.
■FoxLTth — The city council shall have power to assess and Assessments for
It , . !• .1 /> 1 , 1 improvements
collect any tax or assessment oi tlie owners ot lots or real on owners,
estate in any street or other highway, or any part thereof,
in the same manner as other city taxes, or in such manner
as may be prescribed by ordinance, for the purpose of
grading, paving or planking such streets or other highways:
Provided^ that such tax shall not exceed five mills to the
dollar per annum of the vahie of the property assessed.
§ ^. That for the purpose of establishing a system 'of sewerage and
sewerage and drainage, the city council may have power to ^^^"^^^e.
cause the city to be laid off into districts, to be di-ained by
principal and lateral or tributary sewers and drains, having
reference to the general plan of drainage by sewers and
drains for the whole city, and number and record the same,
§ 3. Whenever a majority in number of the owners of Tax for drains
real estate within any district shall petition the city council
for the con6tructit)n of such drains or sewers in such district,
the city council shall have power to levy and collect a
special tax, and the real estate within the district so drained,
and not to exceed live mills to the dollar per annum, on the
assessed value thereof in proptjrtion to the benefits to faid
real estate, for the purpose of constructing such sewers and
drains, which tax shall be annually levied, as other city
taxes, by law, and shall constitute a lien on the real estate
in the district in which it is assessed ; and the city council
shall provide for the construction and letting of such sew-
ers and drains, or such parts thereof as they shall deem
necessary, and may, from time to time, extend, enlarge or
alter the same, upon such terms and conditions as they f»hall
deem necessary ; and the city council shall have power to
borrow money for the construction of such sewers and
drains, payable, principal and interest, from the special tax
collected in such districts, or the city council may apportion
the estimated cost of such drains and sewers, and collect
the same by a series of annual assessments, but no ordi- ^o ordinance
.y 111, • ^ . • , 1 11 creating a debt
nance creating such debt, special tax or apportionment shall to be repealed
be repealed or altered until the debt created thereby shall rs^pail''^ '^^^^
have been paid.
§ 4. All owners or occupants of lots or lands in front Power to order
of, adjoining, or upon whose premises the city council shall J^o^t^^ *» ^^ s"^**
order and direct sidewalks or private drains, communicating
with any main drain to be constructed, graded, repaired, re-
laid, or cleansed, or shall declare any such land or lots to
be nuisances, and order the same to be graded, filled up and
drained, or otherwise improved, shall make, grade, repair
or relay such sidewalk, or make, repair or cleanse such pri-
276 CITIES.
vate drain, or grade, fill up, drain or otherwise improve
such lot or land at their own cost and charges, within the
time and in the manner prescribed by ordinance, or other-
^r^epXs oif fws wise, and if not done within the time and iu the manner
and grounds, prescribed, the city council mav cause the same to be con-
and assess the ^, , , ' . t "^ , • i i " t i--n -\ i ^ i •
cost thereof, structcd, repaired, relaul, cleansed, tiled up, graded, drain-
ed, or otherwise improved, and assess the expense 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 as in other cases. A suit may also
be maintained against the owner or occupant of such
premises for the recovery of such expenses, by action of
assumpsit.
Costs for aba- S 5. In all cascs where expenses maybe incurred in the
ting nuisances. * t i- ■ ^i . -j^ •■» xi
removal ot any nuisance, the city council may cause the
same to be assessed against the real estate chargeable there-
with, iu the same manner prescribed in the foregoing sec-
tion. Such expenses may be likewise collected of the
owner or occupant of such premise^, in suit i'or money ex-
pended to his or their use, and in case the same should not
Suit may be be chargeable to any real estate, suit may in like manner be
brought. 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.
Power to com- § 6. The city council shall have power to compel the
pel owners to „ i- i , i i- , • T • • • i
keep their owncrs ot lots or grouud fronting or adjoining any private
grounds clean, or public alleys to keep the same'clear, and if necet^sary, to
direct the same to be paved, planked. or othei-wise im-
proved, and the cost thereof to be assessed and collected iu
the same manner as sidewalk assessments.
ARTICLE X.
Form of assess- § 1. The city couiicil sliall have power, by ordinance, to
prestribe the form of assessment lists, and prescribe the du-
ties and define the powers of assessors. They may also
make such rules and give such directions in relation to re-
vising, altering or adding to the lists as they may deem
proper and expedient.
§ 2. The annual lists shall be returned by the assessor
on or before the first Monday in August in each year, but
the time may be extended by order of the city council. On
the return thereof the city council shall fix a day for hear-
ing objections thereto, and the clerk shall give notice t)f the
time and lAace of such hearing by publication in the news-
paper publishing the ordinances of the city, and any person
feeling aggrieved by the assessment of his property, may
Correcting the ap[)ear at the time specified and make his objections. The
lists!^™^"' city council shall have power to supply omissions in said
assessment lists, and for the purpose of equalizing the same,
to alter, add to, take from and otherwise correct and revise
CITIES. 277
the same, or to refer the same back to the assessor, with in-
structions to reviseand correct the same.
§ 3. When the assessment lists have been corrected and
revised the same shall be hied, and an order confirming the
same and directing the warrant to be issued for the collec-
tion thereof, shall be entered by the clerk. The city coun-
cil shall thereupon, by an ordinance or resolution, levy such Apportioning
sum or sums of money as may be sufficient for the several *'^® ^^'''
purposes for which taxes are herein authorized to be levied,
not exceeding the authorized per centage, particularly speci-
fying the purposes for which the same are levied, and if not'
for general purposes, the division or ward of the city upon
which the same are levied.
§ i. All taxes and assessments, general or special, levied
or assessed, by the city council, under this act or any ordi-
nance in pursuance thereof, shall be a lien upon the real es-
tate upon which the same may be imposed, voted or assessed,
for two years from and after the corrected assessment lists
shall be confirmed, or the passage of the order for assess-
ment, aud on personal estate from and after the delivery of
the warrant for the collection thereof until paid, and no sale
or transfer shall aftect the lien. Any personal property be- Modes of en-
longing to the debtor may be taken and sold for the pay- payment *of
ment of taxes on personal Or real estate, and the real estate *'''''°^-
shall be taken for the taxes on personal estate in case of
removal or when the tax can not be made out of the per-
sonal estate, in the same manner as is prescribed by the
laws of the state : Provided, that in case the collection of
any assessments shall be delayed by injunction or other
judicial proceedings, the same shall continue a lien upon
the real estate for the period of two years from and after
the linal disposition of such injunction or other judicial
proceeding,
§ 5. The clerk shall issue a warrant or warrants for the cierk <o issue
taxes, and rule therein separate columns, in which the taxes TallT^ ^°"^
levied shall be separately set down opposite the name of the
person of such real estate subject thereto. Each column
shall be headed with the name of the tax therein set down.
§ 6. All warrants issued for the collection of general or Warrant to be
special taxes and assessments shall be signed by the mayor sHild. °°"*
and clerk, with the corporate seal thereto attached, and
shall contain true and perfect copies of the corrected assess-
ment lists upon which the same may be issued. They shall
be delivered to the collector for collection within thirty
days after the filing of the corrected lists, unless fur-
ther time for this purpose shall be given by the city coun-
cil. If not otherwise paid, the collector shall have power
to collect said taxes, with interest and costs, by suit, in
the corporate name, or by distress and sale of personal
property as aforesaid, after a demand and refusal to pay the
same : Provided, a notice published by the collector for ten
278 CITIES.
(10) days in the newspaper printing the ordinances of the
city shall be deemed a demand, and a neglect to pay taxes
What shall be for twenty days thereafter shall be deemed a refusal. The
[u^sauo pay/^" asscssor's lists sliall in all cases be evidence on the part of
the city corporation.
Collector shall i^ 7. All taxcs and assessments, general or special, shall
collect taxes ■»
be collected by the collector m the same' manner and with
the same power and authority, as is given by law to collect-
ors of county and state taxes. He shall pay the same, as
fast as collected, into the city treasury, and his duty in re-
gard to returning warrants and settling with the city, and
his liability in case of default or misconduct, shall ho the
same as prescribed by law : Fromded^ the city council shall
have power to prescribe the powers, duties and liabilities of
collectors by ordinance.
Delinquent tax g g. In casc of the nou-payment of any taxes or assess-
ments levied or assessed under this act, the premises. may
be sold for the payment thereof, after notice and judgment
in the county court, at any time within two years alter the
coniirmation of the assessment by the city council. Before
any such sale or order shaK be made by the city council,
which shall be entered at large in the journals or record
kept by the clerk, directing the collector to sell, particularly
describing the delinquent premises to be sold, and the
assessment for which the sale shall be made, a certiiled
copy of which order, under the corporate seal, signed by
the mayor or presiding officer and clerk, shall be delivered
to the collector, upon which he shall procure judgment as
provided by the revenue laws of Illinois, which, together
with the warrant, shall constitute the process upon which
such sale may be made.
Acivertising de- § <). The collcctor shall then ad vcrtisc such premises in
saiesr° ^^ the newspaper publishing the ordinances of the city, for
sale at least thirty days from and after the first publication
of such notice, describing the premises by figures or other-
wise, with thenameof the owner(when known) and the seve-
ral 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
may be stopped at any time on the payment of the taxes or
assessment and interest with expenses of advertising.
§ 10. All sales shall be conducted in the manner
Mannerofmak- required by law. The sale shall be made for the smallest
ing delinquent -i . ,'' , , , „ , • i ,• i
tax sales. portiou <>t ground, to be taken ironi the east side ol the
premises, for which any person will take the same and pay
the taxes or assessments thereon with interest and costs of
sale. Duplicate certificates of sale shall be made and sub-
scribed by the collector, one of which shall be delivered to
the purchaser and the other filed in the office of the clerk,
which certificate shall contain the name of the purchaser, a
CITIES. 279
description of the premises sold, the amount of taxes or
assessments, with the interest and expenses, for which the
same was sohl, and the time when the right to redeem will
expire. The collector shall be allowed tiie same tees for
selling as arc allowed for similar services, or his fees may
be regulated by ordinance. The clerk shall keep a record
of such sales, which shall be opened to public inspection at all
reasonable times.
§ 11. The right of redemption in all cases of sales for Redemption of
taxes or assessments shall exist to tlie owner, his heirs, credi- taxes!"
tors or assigns to the same extent as is allowed by law in
cases of sales of real estate for taxes, on the payment in
specie of double the amoupt for which the same was sold,
and all taxes accruing subsequent to the sale, with interest.
If the real estate of any infant^ femme covert or lunatic be Redemption in
sold under this act, the same may be redeemed at any time femme covert',
within one year after such disability is removed. In case <^t°-
of redemption, the money may be paid to the purchaser, or
for him to the city clerk, who shall make a special deposit
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 said purchaser
the premises so sold and unredeemed as aforesaid. An ab-
stract of all deeds so made and delivered, shall be entered
by the 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.
§ 12. The assignee of any tax certificate of any premi- ^e^^ds for tax
ses sold for taxes or assessments under authority of the city
council 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.
§ 13. If at any sale of real or personal estate for taxes in case of no
or assessments, no bid shall be made for any parcel of the land'tobi^^
land or any goods and chattels, the same shall be struck off t^e^c^i^"^'"
to the city, and thereupon the city shall receive in the cor-
porate name, a certificate of sale thereof, and shall be
vested with the same rights as other purchasers at such
sales.
§ 14. All deeds made to the purchasers of lots sold foi Tax deeds shau
taxes or assessments by order of the county court, shall be evid^enTe! ^^^'^
prima facie evidence in all controversies and suits in rela-
tion to the rights of the purchaser, his heir or assigns, to
the premises thereby conveyed, of the same facts as provi-
ded by general laws upon the subject of tax deeds.
280 CITIES.
ARTICLE XI.
FIRK DEPARTMENT.
. § 1. The city council, for the purpose of ffuardinc:
Powers to guard c. ■ , -^ . . ., ?. i ii i . i -i •,
against fires, agaiust tliG Calamities ot hre, shall have power to prohibit
the erection, placing or repairing wooden buildings within
the limits prescribed by them, without their permission and
direction, and prescribe that all buildings within the limits
prescribed shall be made or constructed of lire proof mate-
rials, and to prohibit the re-building or repairing of wooden
buildings within the fire limits, when the same shall have
been damaged to the extent of fifty per cent, of the value
thereof, and to prescribe the manner of ascertaining such
damage ; to declare all dilapidated buildings to be nuisances
and to direct the same to be repaired, removed or abated
in such manner as they shall prescribe and direct ; to de-
clare all wooden buildings within the fire limits which they
may deem dangerous'to contiguous buildings, or in causing
or promoting fires, to be nuisances, and to require and cause
the same to be removed or abated in such manner as they
shall prescribe : Provided^ that said city council shall pay
for all buildings so taken or declared nuisances.
Power to regu- § 2. The city council shall have power, First, to regu-
chTmnrs '^""^ ^^^^ ^^^^ construction of chimneys and flues so as to admit of
chimney sweeps or other mode of cleaning, and to compel the
cleaning and sweeping of chimneys.
Fire places and Second.—To prevent and prohibit the dangerous con-
stovepipes, struction and condition of chimneys, flues, fire-places,
stove-pipes, ovens, or any other apparatus used in or about
any building or manufactory, and to cause the same to be
removed or placed in a secure or safe condition, when con-
sidered dangerous.
Regulate depo- Third. — To prevent the deposit of ashes in unsafe places,
su of ashes, and to appoint ouc Or morc officers to enter into buildings
and inclosures to examine and discover whether the same
are in a dangerous state, and to cause such as may be dan-
gerous to be put in safe condition.
Power to com- Fouvth. — To require the inhabitants to provide as many
Eeep weHslnd ^^^ buckcts, and in such manner and time, as they shall
cisterns. prcscribc, and to regulate the use thereof in times of fire;
and to require all owners and occupants of buildings to
construct and keep in repair wells or cisterns upon their
premises.
Fijth. — To regulate and prevent the carrying on of
manufactories and works dangerous in promoting or caus-
ing fires.
To prohibit fire ^SixtJi. — To rcgulatc, prevent and prohibit the use of fire-
works, etc. works and fire-arms.
CITIES. 281
Seventh.— To direct and prohibit the management of concerning
houses for the storing of gun powder and other combustible s"" powder.
and dangerous mate'rial within the city ; to regulate the keep-
ing and conveying of the same, and the use of candles and
other lights in'stables and other like houses,
Eighth. — To regulate and prescribe the manner and order conceruinKpar-
the building of parapet and partition walls, and partition fencesT"'^^ '''^'^
fences.
JNinth. — To compel the owners or occupants of houses or
other buildings to have scuttles in the roofs and stairs or
ladders leading to the same.
Tenth. — To authorize the mayor, fire-wardens, or other Authority to
officers of said city to keep away from the vicinity of any awayfromfirel
fire, all idle or suspicious persons, and to compel all officers
of the city, and all other persons, to aid in the extinguish-
ment of fires and in the preservation of property exposed
to danger thereat, and in preventing goods from being
stolen.
Eleventh. — And generally to establish such regulations
for the prevention and extinguishment of fires as the city
council may deem expedient.
§ 3. The city council may procure fire engines and all Fire engines.
other apparatus used for the extinguishment of fires, and
have the charge and control of the same, and provide fit
and secure houses and other places for keeping and pre-
serving the same, and shall have power—
Eir&t. — To organize fire, hook, hose, axe and ladder com- s°o^ compa-
panics.
Second. — To appoint during their pleasure, a competent Appointment of
number of able and respectable inhabitants of the city as ^"'"®°-
firemen, to take the care of and management of the engines
and other apparatus and implements used and provided for
the extinguishment of fires.
Third. — To prescribe the duties of firemen, and to make Duties of fire-
rules and regulations for their government, and to impose
reasonable penalties upon them for a violation of the same ;
and for incapacity, neglect of duty, or misconduct, to re-
move them.
Fourth. — The city council shall have power to appoint a „_„_.„
chief and assistant engineers of the fire department, and anit engineer.
they with the firemen, shall take the care and management
of the engines and other apparatus, and implements provided
and used for the extinguishment of fires, and their powers
and duties shall be prescribed and defined by the city council.
§ 4. The members of the city council and firemen shall, Exemption of
during their terms of services as such, be exempted from ll^'^\n£^.
serving on juries, in the militia, or working on the streets,
or paying any taxes for the same. The name of each fire-
man shall be registered with the clerk of the city, and the
evidence to entitle him to the exemption provided in this
Vol. I.— 19
men.
Chief and assist-
282
section shall be the certificate of the clerk under the corpo-
rate seal for the year in which the exemption is claimed.
ARTICLE XII.
MISCELLAXEOUS PROVISIONS.
Report of re- g J, The City counoil shall, at least ten (10) days before
pendttLu°.s. ^^ the annual election in each year, cause to be published in
the newspaper publishing the ordinances of the city a cor-
rect and full statement of the receipts and expenditures
from the data of the last annual report, together with the
sources from where 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
infornuition as may be necessary to a full understandijig of
the financial afftiirs of the city.
Citizens of Mau § 2. The inhabitants of the city of Mattoon are hereby
from ro!d labor exempted from working upon any road or highway beyond
outside the city ^\^q ii,iiit8 of the citv, aud froui paying the tax in lieu
limits. . . 1 . , */.' . 1 ./ o
thereof, without said limits.
Mode and man- § 3. The supcrvisor shall demand the services of all
hfg "Inr'^per- pcrsous wlio are required to labor on the streets and alleys
[ab"r"e"tc.'°'"* of the city, at such time and place, and in such manner as the
city council may direct, or the supervisor shall deem neces-
sary. He shall deliver or cause to be delivered or left at
the usual place of abode or business of any person so re-
quired to labor, as aforesaid, a written or printed notice, or
partly written or partly printed notice, in such form as
the city council shall prescribe, which notice shall be given
at least five (5) days previous to the first day on which he
or they are required to labor, requiring such person to ap-
pear at such time and place as may be designated for the
purpose of laboring upon the streets and alleys. But a
xotice. similar notice published lor ten (10) days in the newspaper
publishing the city ordinances, by the supervisor, or posted
up in three (3) of the public places of the ward or dis-
trict, shall be deemed a sufficient notice to require all per-
sons to appear and labor as aforesaid. Upon the neglect of
xegiuct to np- any person to appear and labor, as aforesaid, or to pay the
pear and labor. ^^^^ ^^iQ collcctor sliall collcct froui cach pcrsou, in the same
manner as other taxes, the sum of three dollars, with his
commission for collecting the same added thereto, or the
same may be recovered by suit with costs, as in other cases.
Names of § 4. Thc city couucil shall have power to establish,
i^trcets. make and declare the boundaries and names of streets and
alleys.
Fines and pen- § 5. All fiucs, forfeitures and penalties collected for
ihe^cit'° u°ea"- offcnces Committed within said city, shall be paid into the
uiy ' treasury of said city b}^ the officers collecting the same, and
all tines and forfeitures collected of any citizen of said city,
CITIES. 283
by any conviction in the circuit court, shall be paid over in
like manner.
§ 6. The city council shall have power to require that Additions to the
all additions hereafter made to said city, or all lands adjoin- '^"^'
ing, or with the same laid out into blocks or lots, shall be
so laid out and platted as to correspond and conform to the
regular blocks, streets and alleys already laid out and estab-
lished within the city.
§ T. The city council shall, in all expenditures for pur- Money to be
poses strictly local, expend annually in the several natural expended,
divisions of the city, such proportion as near as may be of
the whole expenditures for lite purposes during the same
period as will correspond to the several sums contributed by
each division to the general fund ; street taxes shall be ex-
pended in the several wards or districts where the persons
paying the same may respectively reside.
§ 8. The supervisor, in addition to the penalties pre- penalty for su-
scribed by ordinance, shall, for willful neglect of duty, be p®"'^°^"-
liable to indictment and line in the same ndanner as super-
visors under the law^s of the state.
§ 9. Neither the city council or mayor shall remit any Remission of
fine or penalty imposed upon any person, for a violation of
any laws or ordinances of said city, or release from confine-
ment, unless two-thirds of all the aldermep 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 nuisances within its jurisdiction, by in-
dictment or otherwise.
§ 10. No vote of the city council shall be reconsidered vote 9f city
or rescinded at a special meeting, unless the meeting be rescind7d'!°''^
called in whole or in part for that purpose, and the alder-
men be so notified, and unless at such special meeting,
there shall be present as large a number of aldermen as
as was present when the vote was taken.
§ 11. Every ordinance, reo-ulation and by-law imposing PHbiieation of
^ ^^ f-"^ ■ ■ ^^ ±' V -. V • 1 ..• ordinance.
anj penalty, fine, imprisonment, or torteiture, lor a violation
of its provisions, shall, after the passage thereof, be published
by one insertion in the newspaper publishing the ordinances
of the city ; and proof of such publication shall be by cer-
tificate of publisher appended thereto, or any other com-
petent proof of such publication, shall be conclusive evidence
of the legal publication and promulgation of such ordinance,
regulation or by-law, in all courts and places.
§ 12, All actions brought to recover any penalty or for- Actions lor re-
feiture incurred under this act or any ordinance, by-law, <»r auleg? °^ ^^""
police regulation, made in pursuance thereof, shall be
brought in the corporate name. It shall be lawful to de-
clare generally in debt for such penalty, fine, or forfeiture,
stating 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.
284 CITIES.
First process to § 13. In all prosecutioiis for the violation of any ordi-
be a summons, j^^j^pg^ bj-law, OP Other regulation, the iirst process shall
be a sununons, unless oath or athrmation be made for a
warrant, as in other cases.
Execution of § 14. ' Exccuiion may be issued immediately on rendi-
judgment. ^j^^ of judgment. If the defendant iias no goods, or chattels,
or real estate, within the county of Coles, whereof the judg-
ment can be collected, the execution shall require the de-
fendant to be conlined in the county jail, or work-house, or
city prison, for a term not exceeding six months, in the
discretion of the court rendering judgment; and all persons
who may be committed under this section shall be conlined
one day for each one dollar of such judgment and costs; all
expenses incurred in any execution for the recovery of any
penalty, line or forfeiture, when collected, shall be paid into
the city treasury,
cornpetency of § 15. JSTo pcrsou shall be an incompetent judge, justice,
where the °eTty wltuess or juror bv reasou of his being an inhabitant or
is a party. freeholder in the city of Mattoon, in any action or proceed-
ing in which said city may be a party in interest.
Old ordinances § 16. All oi'dlnances, regulations and resolutions, now
to be valid. -j,^ ^■^j.^g jj^ ^j^g g-j-y Q-j-- j\,^attoon, and not inconsistent with
this act, shall remain in force under this act until altered,
modilied or repealed by the city council after this act shall
take effect ; and all said ordinances, regulations and resolu-
tions, and all acts, proceedings, matters and things of any
and every name and notice whatsoever done, or provided to
be done by the city council of the city of Mattoon, before
this shall take effect, are hereby made and declared to be
valid,
§ 17. All rights, actions, fines, penalties and forfeitures
in suits or otherwise, which have heretofore accrued to the
city, at any time, shall be vested in and prosecuted by the
corporation hereby created.
Real property §18. All property, real, pcrsoual, Or mixcd, belonging to
cerp!)'ratlon!''" the city of Mattoou is hereby vested in the corporation
created by this act, and the othcers of said corporation now
in office, shall respectively continue in the same until super-
ceded in conformity to the provisions hereof, but shall be
governed by this act, which shall take effect from and after
its passage.
Ordinances, § 19. All Ordinances of the city, when printed or pub-
dence'"' °"' lishcd lu book or pamphlet forni, and purporting to be
published by authority of the city council, shall be received
in all courts and places without further proof,
style of ordi- § 20. The Style of all ordinances shall be : " Be it or-
nances. daincd by the city council of the city of Mattoon."
Additions to the § 21. Any tract of land adjoining said city which may
'^^^^: be laid off' into lots or blocks and duly platted according to
law, and any tract of laud adjoining the city, with the con-
CITIES. 285
sent of the owner thereof, shall or may be annexed to said
city and form a part thereof
§ 22. Tiiis act shall not invalidate any legal act done by This act shaii
the city council of the city of Mattoon, or by its officers, "rrtainTights^
nor divest their successors under this act of any rights of
property or otherwise, or liability which may have accrued
to or been created by said corporation prior to the passage
of this act.
§ 23. All officers of the city created conservators of the Power to make
peace by this act, or authorized by any ordinance, shall have confine prison^
power to arrest or cause to be arrested, with or without pro- ^^'
cess, all persons who shall break the peace, or threaten to
break the peace, or be found violating any ordinance of this
city, committor examination, and if necessary, to detain such
persons in custody over night, or the Sabbath, in the watch
house, or other safe place, or until they can be brought
before a magistrate, and shall have and exercise such other
powers as conservators of the peace as the city council may
prescribe.
§ 2i. There shall be a digest of the ordinances of the Digest of ordi-
city which are of a general nature, published within five (5)
years after the passage of this act, and a like digest within
every period of five years thereafter.
§ 25. The city council shall have power to make regula- ^.eRUh regula-
tions to secure the general health of the inhabitants, to
declare what shall be a nuisance, and to prevent and remove
the same.
§ 26. This act shall not take effect as the. charter of the This charter to
city of Mattoon unless a majority of the legal voters of said vot'L^of t'^e citf-
city voting at an election hereinafter provided, shall cast ^®'^^-
their votes for the adoption of the same, said election to be
held on the first Monday in the month of March, a. d. 1867,
as other elections are now held in said city, upon notice to
be given by the clerk of the present board ; said notices to
be posted up in five (5) public places in said city the returns
of said election held as aforesaid, shall be certified by the
officers of the election and placed on file in the office of the
city clerk of the city of Mattoon, Illinois, and it shall not
be necessary in any proceeding, either at law or in equity, to
prove that this charter was adopted by the people ; but
such proof shall be a matter of defense in showing that this
charter was not adopted by a vote of the people by refer-
ence to the returns of the elections as in this section provi-
ded for.
§ 27. This act shall be a public act, and shall take efi'ect
from and after its passage.
Approved February 6, 1867.
286 CITIES.
In force Feb'y AN ACT to amend an act entitled "An act to incorporate the city of
^' ^^^'^- Chester, in Kaudolph county, Illinois.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That from and
aftor the passage of this act all lines, forfeitures and penal-
ties collected for ofiences committed within the limits of the
i^^sposuion of city of Chester, in Randolph county, shall be paid by the
ofhcers collecting the same into the treasury of said city;
and all tines and forfeitures collected of any citizen of said
city, for any conviction in the circuit court, shall be paid
Proviso. over in like manner: Provided^ however, that the said city
shall pay costs and expenses accrued in the prosecution for
and collection of said tines and forfeitures.
§ 2. All acts or parts of acts in conflict with this act are
hereby repealed.
§ 3. This act shall be in force from and after its passage.
Approved February 9, 1867.
In force Febru- AN ACT to amend an act entitled " An act to charter the city of Urbana,"
a'7 9' 18«' • approved February 14, 1855.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assef^bly-, That section 1,
Section 1, and of article V, of an act entitled " An act to charter the city
proved Febru"- of Urbana," approved February 14, 1855, be so amended
amended. ^^'^^' ^s to read two per cent., in place of one per cent., so that
the city council of said city shall hereafter have authority
to levy and collect taxes upon all property, real or personal,
within the limits of said city, not exempt by law, not
exceeding two per cent, upon the assessed value thereof
Tax legalized. § 2. And be it ftirther enacted. That the tax of two per
cent., levied by said city council, by its resolutions of Sep-
tember 3d and October'll, 1866, be and the same is hereby
legalized.
§ 3. This act shall be a public act, and be in force from
and after its passage.
Approved February 9, 1867.
287
AN ACT to enable the citizens of tlie city of Morria to raise money to I» force April
improve public roads oi' bridges leading into said city. ^' l**^'-
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the city
of Morris, in the county of Grundy, is hereby authorized
and empowered to assess and collect a special tax on all the Taxes,
taxable property within the corporate limits of said city, for
the purpose of aiding in the repair of any road or roads
leading into said city, whether the same are within or with-
out said city limits, or for the construction or repair of
bridges thereon : Provided., that the aggregate amount of
taxes collected in any one year shall not exceed the sum of
three thousand dollars,
§ 2, That before such tax shall be assessed, the common Determined by
council of said city of Morris shall submit the question to ^^ °*
the qualihed electors thereof; and for this purpose they
shall appoint a time and place for holding a special election,
and shall cause a notice thereof to be published in each of
the newspapers published in said city for at least three
weeks next preceding such election. Said notice shall Election.
specify the time and place of election, its purpose, the par-
ticular road and part thereof, and the bridge or bridges to
which the tax is to apply, and the amount proposed to be
raised for such purpose. The election shall be held and
returns thereof made by the same officers and in the same
way that other city elections are held. The ballots cast at Form af baiiot.
such election shall be separate from other ballots, and shall
contain the words, "*For road and bridge tax," or "i^ gainst
road and bridge tax." And if a majority of all the qualilied
electors voting at snch election shall vote "For road and
bridge tax," then the common council of said city shall
assess and cause to be collected, as other taxes are collected,
a special road and bridge tax, for the amount and purpose Special road
designated in said notices; the moneys arising therefrom ^nd bridge tax.
to be expended for the purposes aforesaid and under the
direction of said city council. But if a majority shall vote
against such tax, then the same shall not be assessed or
collected.
Appeoved February 9, 1867.
288
CITIES.
In force Feb.
13, 1807.
AN ACT to incorporate the city of Pana.
ARTICLE I.
OF BOUNDARIES AND GENERAL POWERS.
Section 1. Be it enacted by the Peojple of the State of
Illinois^ represented iji the General Assembly^ That the
inhabitants of the town of Pana, in the county of Christian,
Boundaries^. embraced witiiin the following; limits, to-wit: Tlie south-
west quarter of section (15) fifteen, the southeast quarter
of section (16) sixteen, the northeast quarter of section (21)
twenty-one, the east half [^) of the northwest quarter of
section (21) twenty-one; the northwest qnai'ter ot section
(22) twenty-two, the west half (^) of the north-east quarter
of section (22') twenty-tv70 ; the north half (|-) of tlie south-
west quarter of section (22) twenty-two ; the northwest
quarter of the 'southwest quarter of section (22) twenty-
two ; the north half (|-) of the southeast quarter of section
(21) twenty-one ; the east half (-1) of the southwest quarter
of section (16) sixteen, be and they are hereby constituted
a body politic and corporate by the name and style of the
Name and style. " City of Pana;" and by that name shall have perpetual
succession, and power to sue and be sued, to plead and be
Corporate pow- impleaded, defend and be defended, in all courts of law and
^^^' equity, and in all actions whatsoever ; to purchase, receive
and hold property, both real and personal, in said city ; and
to purchase, receive and hold property beyond the city
limits, for burial grounds and for otfcer city purposes, for
the use of the inhabitants of said city ; to sell, lease and
convey or dispose of property, and do all other things in
relation thereto as natural persons ; and may have and use
a common seal, which they may change and alter at pleasure.
Additions, § 2. Any tract of land adjoining the city of Pana, laid
off into town lots, and duly recorded, as required by law,
the same shall be annexed to and form a part of said city ;
and all parcels of land within the aforesaid limits and bound-
aries that exceed in extent ten acres shall be exempted from
taxation for city revenue until the same shall besubtlivided
into lots of ton acres or less; and each lot, when so divided,
shall be taxed as other city lots.
ARTICLE II.
I[E CITY COUNCIL,
§ 1. There shall be a city council, to consist of a mayor
and board of aldermen.
§ 2,* The board of aldermen shall consist of two mem-
bers from each ward, to be chosen by the qualified voters
therein, for two years.
CITIES. 289
§ 3. No person shall be eligible to the office of alder- QuaiificaUon of
man, unless at the time of his election he shall reside in the "'^"*''®"-
ward for which he is elected, and shall have resided at least
one year within the limits of the city, and shall be at the
time of his election twenty-five years of age, and a citizen
of the United States.
§ 4. If any alderman shall, after his election remove Vacancy.
from the ward for which he is elected, his office shall
thereby become vacant. -'
§ 5. At the first meeting of the city council the alder- Di^'sioaof.
men shall be divided by lot into two classes in each ward.
The seats of those of the first class shall be vacated at the
expiration of one year, and of the second class at the expi-
ration of tAvo years from their election, so that one-half of
the board shall be elected annually.
§ 6. The city council shall judge of the qualifications, Returns oi.
elections and returns of its own members, and shall deter-
mine all contested elections under this act.
§ 7. A niiijority of the city council shall constitute a Quorum,
quorum to do business, but a smaller number may adjourn
from time to time, and compel the attendance of absent Absentees.
members, under such penalties as may be prescribed by
ordinance.
§ 8. The city council shall have power to determine the R"'" of pro-
rule of its proceedings, punish its members for disorderly °^^ '°^^*
conduct, and, with the concurrence of two-thirds of the
members elected, expel a member.
§ 9. The city council shall keep a journal of its pro- Journal.
ceedings, and may, from time to time, publish the same ;
.and the yeas and nays, when demanded by any member
present, shall be taken and entered upon the journal,
§ 10. No alderman shall be appointed to any office ^ottier*offices°^^
under the authority of the city, which shall have been cre-
ated or the emoluments of wliicti shall have been increased
during the term for which he shall have been elected.
§ 11. All vacancies that shall occur in the board of Vacancies.
aldermen shall be filled by election.
§ 12. The mayor and each alderman, before entering Oath of otHce.
upon the duties of his office, shall take and subscribe an
oath before some proper officer authorized to administer the
same, that he will support the constitution of the United
States, the constitution of the state of Illinois, and that he
will faithfully perform the duties of his office to the best of '
his ability.
§ 13. Whenever there shall be a tie in the election of Tie vote.
an alderman, a new election shall be ordered forthwith.
§ 1-1. There shall be twelve monthly stated meetings of stated meetings.
said council in each year, to be held at such times and
places as may be prescribed by ordinance.
290
CITIES.
ARTICLE III.
OF THE MAYOR.
Eligibility of.
Vacation of of-
fice.
Term of office. § 1. The chief executive officer shall be a mayor, who
shall be elected by the qualitied voters of the city, aud hold
his office for one year and imtij his successor is elected and
qnalitied,
§ 2. ISTo person shall be eligible to the office of mayor
who shall not be eligible to the office of alderman.
§ 3. If any mayor, during the time for which he shall
have been elected, shall remove from the limits of the city,
his office shall thereby become vacant.
Ties. § 4, Whenever there shall be a tie in the election of a
mayor a new election shall be ordered forthwith.
Office contested. § 5, "Whenever the election of a mayor shall be con-
tested the city council shall determine the same, as may be
prescribed by ordinance.
§ 6. Whenever any vacancy shall happen in the office
of mayor it shall be HI led by an election.
Vacancy,
ARTICLE IV.
OF ELECTIONS.
Election of § 1. On the first Tuesday of March next an election shall
officers. i^Q ]jg|j jjj g^gi^ ward of said city, for one mayor, one city
clerk, one city marshal, one city judge^ one city attorney,
also two aldermen for each ward of the city ; and forever
thereafter, on the first Tuesday of March, in each year,
there shall be an election held in each ward in the city, for
a mayor, a city clerk, marshal, a city attorney, and an alder-
man from each ward ; and on the first Tuesday of March
of every fourth year there shall be an election for one city
judge for said city.
Qualified voters § 2. All frce wliitc malo inhabitants, over the age of
twenfy-one years, who are entitled to vote for state otiicers,
and who shall have been actual residents of the city for three
. months next preceding said election, shall be entitled to
vote for city officers: Provided^ that said voters shall give
their votes in the ward in which they shall respectively
reside, and in no other.
Oath of. I 3. If the right of any person to vote at any election
shall be challenged, either one of the judges of election may
administer an oath to such person to make true answers
touching his qualifications.
Returns. § 4. The judges of elections shall make returns of the
election to the city council within forty-eight hours after the
canvass of the votes shall be completed.
Manner of con- § ^- "^^^ manner of conducting and voting at elections to
ducting. be held under this act, and contesting the same, the keeping of
Notice of elec-
tion.
CITIES. 291
the poll list, canvassing the votes and certifying the re-
turns, shall be tho same as nearly as may be as is now or
hereafter may be provided by law at general state elec-
tions : Provided^ the city council shall have power to regu- Proviso,
late elections, and fix the plaCe of holding the same in each
ward, and to appoint the judges thereof The voting shall
he by ballot, and the judges and clerks of election shall take
the same oath and shall possess the same power and authority
as the judges and clerks of general state elections. After
the closing of the polls the ballots shall be counted in the
manner required by law, and the returns shall be returned
sealed to the city clerk within two days after the election,
and thereupon the city council shall read and canvass the
same, and declare the result of the election. The person
[laving the highest number of votes shall be declared elected.
It shall be the duty of the city clerk to notify all persons
elected to oftice, or appointed to the same, of either their
election or appointment, and unless such person shall re-
ispectively quality within ten days thereafter, the office
ishall become vacant.
I § 6. Wo person entitled to vote at any election held under ^^^^f^\l^^ ^^^"'■
Ithis act shall be arrested on civil process within said city
|npon the day on which said election is held ; and all per-
'sons illegally voting at any election under this act shall be
Ipnnishable under the laws of this state.
; § 7. Whenever there shall be more than one vacancy ^\lf^^^^ ®^^''^*
in the office of alderman of an}' ward to be filled at any
;general or special election in such ward, the candidate
ihaving the highest number of votes for such office shall be
declared elected for the longest terra, and the candidate
ihaving the next highest number of votes, for the shortest
term ; and in case of a tie between the two highest, the '^^^ ^°**-
iterms of service to which the successful candidates shall
be respectively entitled shall be determined by the casting
of lots in the presence of the council. If from any cause
there shall not be a quorum of aldermen in office, the clerk
shall appoint the time and place of holding a special elec-
tion to supply all vacancies in the board, and to appoint
[judges thereof if necessary.
§ 8. No person shall be eligible to any office, either by Eligibility of of-
:election or appointment, under this act, who is a defaulter
to said city ; and if any person holding any office or place
shall become a defaulter while in office, the office or place
shall thereupon become vacant.
§ 9. No election shall be held in any grocery, grog- ^^l^^^^ *** ^^®°'
shop, or any other place where intoxicating liquors are sold
or kept for sale by retail.
ARTICLE V.
LEGISLATIVE DEPARTMENT.
Kate of taxa-
tion.
Extension of.
Manner of eoL
lecting.
Clerk's compen-
sation.
Officers appoint-
ed.
Term of office.
Proyiso;
§ 1. The city council shall have power and authority
to levy and collect a tax not exceeding one per cent, upon
all property, real, personal and mixed, within the limits of
the city, for all revenue purposes. All taxes for revenue
shall be levied upon, and according to the assessed value
of the property included in said corporation, as assessed by
the township assessor of the town of Pana for each year res-
pectively.
§ 2. The city council shall have power, and it shall bo
their duty before the hrst day of September of each year,
to determine by ordinance the rate per cent, upon the as-
sessed value of the property assessed by said town assessor
within the limits of said corporation, for which a tax shall
be levied for the current year. A copy of said ordinance, |
together with an alphabetical list of the resident tax payers
of the city, shall be hied with the county clerk of the county
of Christian, whose duty it shall be to extend such tax upon
the books for the collector of the city of Pana, in a separate
column to be provided for that purpose, in the saaie man-
ner that he is now recpiired to carry out and extend the
district school tax against the name of each tax payer,
whether resident or non-resident, owning property in said
city. And said city tax shall be collected, in every respect,
and the collection thereof be enforced, in like manner and
with like i-emedies, as the state and county tax, and shall
be paid over by the collector to the treasurer of said city at
the same time that the county revenue is required to be paid
over to the county. Every court in Christian county shall
have the same power to render judgment against lands and
lots within said city for taxes due said city for city purposes
as for the time being it may have to render judgment for \
the county and state taxes; and such judgment sliall have j
the like force and effect as if rendered for delincjuent
county or state taxes. For his services in carrying out,,
adding and extending said tax in the book of the collector,
said county clerk shall receive one half cent on each per-
son's name assessed for personal property, to be paid out of
said city tax when collected.
§ 3. The city council shall have power to appoint a
treasurer, a surveyor, a street inspector, and all such other
officers as said city council may deem necessary to perform
the duties required to be performed under this act and
under this charter and the ordinances of the city, and to
prescribe by ordinance their powers and duties ; all of
which said officers shall hold their office for one year and
until their successors are appointed : Provided^ that by a
vote of two-thirds of the city council, the officers mentioned
CITIES. 293
in this section may be removed from office at any time be-
fore liis term of office shall have expired.
] 4, The city council shall have power to require of all soudsor.
'JT any officers appointed in pursuance of this charter, such
bonds to the city of Pana, with penalty and security, to be
approved by the mayor and a majority ot the aldermen, for
:he faithful performance of their respective duties, as may
be deemed expedient, and also to require all officers ap- oath of office,
pointed as aforesaid, before entering upon the duties of
Itheir respective offices, to take an oath for the faithful per-
formance of their duties.
§ 5. The city council sUfell have power to appropriate Appropriations.
noney and provide for the payment of the debt and ex-
jenses of the city.
§ G. To establish hospitals, and make regulations for Hospitals.
;he government of the same.
§ 7. To make regulations to insure the general health Nuisances.
[)f the inhabitants ; to declare what shall be a nuisance, and
0 prevent and remove the same.
^^ 8. To make regulations to prevent the introduction Diseases.
:)f contagious diseases into the city ; to make quarantine
laws for that purpose, and to enforce the same within one
niie of the city.
§ 9. To provide the city with water, to erect, sink and water privi-
build cisterns, wells and reservoirs ; to erect hydrants and '^^^^'
pumps in the streets for the convenience of the inhabitants
md fol- the extinguishment of fires.
1 § 10. To open, alter, widen, extend, establish, grade, f^treet improTe-
^ave, or otherwise improve and keep in repair, streets, "'^"'*
l^venues, lanes, alleys and other public places.
§ 11. For the purpose of repairing the streets, alleys, Labor tax.
>idewalks, crosswalks, drains and sewers, they shall have
)ower to levy annually a road labor tax of not more than
hree days nor less than one day against every able-bodied
nale inhabitant of said city over the age of twenty-one
?ears and under fifty years of age, to be collected and ex-
)ended in such manner as they shall determine and direct :
Provided, always, that the person assessed shall have the Proviso,
fight, if he shall so elect, to work out his own tax on the
itreets, avenues and alleys in the city, under the direction
j|>f the street commissioner ; all to be expended in the ward
jn which the inhabitant shall reside.
§ 12. To establish and keep in repair bridges. Bridges.
§ 13. To divide the city into wards, alter the boundaries wards.
ihereof, and create additional wards, as occasion may
[equire.
; § 14. To provide for lighting the streets and erecting Lights,
amp posts.
I 15. To establish, regulate and support night watches, ^ight watches.
§ 16. To provide for the erection of all needful build- Buildings.
ng8 for the city.
294
CITIES.
Public grounds,
Bridges, cul-
verts, etc.
Fire depart-
ment.
Flues and chim-
neys.
Combustibles.
Walls and
fences.
Weiglits and
measures.
Inspectors and
measurers ,
Forage and fuel.
§ 1'7. To provide for the inclosing, improving and regu-
lating all public grounds belonging to the city.
§ 18. To establish, erect, construct, regulate and keep
in repair, bridges, culverts and sewers, sidewalks and cross-
walks, and regulate the construction and use of the same,
and to abate any obstruction or encroachments thereof; to
have the sole control and power over the streets, alleys and
highways of the city, and to abate and remove any en-
croachment or obstruction thereon : to establish, alter,
change and straighten the channels of water courses and
natural drains, to sewer the same, or w; 11 them up or
cover them over, and to prevefJt, regulate and control the
filling up, altering or changing the channels thereof by
private persons.
§ 19. To regulate the burial of the dead ; to establish
and regulate one or more cemeteries ; to regulate the reg-
istration of births and deaths; to direct the returning and
keeping of bills of mortality, and to impose penalties on
physicians, sextons and others for any default in the
premises.
§ 20. To provide for the prevention and extinguish--
ment of fires, and to organize and establish fire companies.,
§ 21. To erect market houses ; to establish markets audi
market places, and provide for the government and regula-
tion thereof, and to regulate, license and prohibit butchers,,
and revoke their licenses for malconduct in the course ofl
trade.
§ 22. To regulate the making of flues and chimneys,,
and the securing of stove pipes in the city.
§ 23. To regulate the storage of gunpowder, tar, pitch,
rosin and other combustible materials.
§ 24. To regulate and order parapet walls and partition :
fences.
25. To enforce the legal standard of weights andl
measures to be used in th6 city in all cases, and to euforcec
the collection of tines for non-compliance with the ordin-
ances of said city in all cases whatsoever.
§ 2G. To regulate and provide for the inspecting and!
measuring of all lumber, shingles, timber, posts, staves,-,
laths, headings, and all building materials, and for the
measurement of all kinds of mechanical work, and to ap-
point one or more inspectors or measurers; and to regulate
the size and quality of brick to be used or sold in the city,
§ 27, To provide for the inspection and weighing 'M
hay, lime and stone coal, and to regulate the measurenuMit
of fire wood and charcoal to be used in the city, and the
place and manner of selling the same.
§ 28. To regulate the inspection of beef, pork, flour, meal
salt and other provisions, whisky and other liquors, to b(
sold in barrels, hogsheads and other vessels or packages; tc
appoint weighers, gangers and inspectors and prescribe theii
ani-
mals.
CITIES. 295
duties and regulate their fees ; Provided^ that nothing herein Proviso.
shall be so construed asto require the inspection ofany articles
enumerated herein, which are to be shipped beyond the
limits of the state, except at the recjuest of the owner
thereof or his agent.
§ 29. To prevent, restrain and punish forestalling and Forestalling etc
regrating.
§ 3U. To prevent and restrain loud, unbecoming or ^j^'^^'^^'"^"^' '^""'
indecent language or other disorderly conduct in said city.
§ '6\. To prohibit, prevent and suppress horse racing, wdinganddriv-
immoderate riding or driving in the streets, and to authorize ^"^''
persons immoderately riding or driving, as aforesaid, to be
stoppe<i by any person.
§ 32. To prohibit the abuse of animals, and punish Abnse of
the same ; to compel persons to fasten their horses or other
animals attached to vehicles or otherwise, while standing
or remaining in the streets or other public places, or un-
inclosed grounds in the city.
§ 33. To restrain, regulate and prohibit the running at Animals at large
large of horses, cattle, swine, sheep, goats and geese, and
to authorize the distraining, impounding and sale of the
same, for costs of the proceedings and the penalties incurred,
and to impose penalties on the owners thereof for violation
of any ordinance in relation thereto.
§ 34. To regulate, restrain and prohibit the running at i,ogs.
large of dogs, and to authorize their destruction, when at
large, contrary to ordinance, and to impose penalties on the
owners or keepers thereof
§ 35. To restrain and punish vagrants, mendicants, vagrants.
street beggars and prostitutes.
§ 36. To abate all nuisances which may injure or affect Nuisances.
the public health or comfort.
§ 37. To regulate the fees of jurors, witnesses and Fpes of jurors,
others, for services under this act. ®'°'
§ 38. To restrain, prohibit and supress tippling houses. Disorderly
houses of ill-fame, bawdy houses, and all disorderly houses, houses.
of whatever nature or character. »
§ 39. To regulate and prevent the carrying on of manu-
factories, and works dangerous in promoting fires or causing
the same.
§ 40. To regulate and prohibit the use of fire-arms and
fire-works.
§ 41. To direct and control the laying and construction Railway tracks,
of railroad tracks, bridges, turnouts and switches, in the ^*''-
streets and alleys of the city, and the location of depot
grounds within the limits of the city, on ground not owned
by railroad companies,_ to require all railroad companies
to construct and keep in repair suitable crossings at the crossings, etc.
intersection of streets, alleys, ditches, sewers and culverts ;
to direct and regulate the speed of locomotives, engines or
cars, connected or detached, within the boundaries of the
cases.
296 CITIES.
city, and to prohibit railroad companies from doing storage
or warehouse business.
Drains, sinks, § ■i'2. To till up, drain, cleanse, alter, relay, repair and
privies. regulate any grounds, lots, yards, cellars, private drains,
sinks and privies ; direct and regulate their construction,
and cause the expenses thereof to be assessed and collected
as other taxes or assessments.
Duties of physi- §43. To require cvevy pcrson practicing physic in the
cians in certain ^.^^^^ ^^j^^^ ^^^^^^ ^^^^^ ^ paticut laboring uudcr any malignant,
infectious or pestilential disease, to forthwith make report
thereof, in writing, to the city clerk, and, for neglect to do
so, shall be deemed guilty of a misdemeanor, and liable to
a iine of not less than twenty, or more than one hundred
dollars, to be sued for and recovered, with costs, in action
of debt, in any court having cognizance thereof, for the
use or in the name of the city.
License and tax § 4:4:. To liceuse, tax and regulate inn keepers, ai^ents
brokers, mer- n ' ,' • • ' -ii i.
chants etai. lor lorcign lusuranco companies, brokers, merchants, gro-
cers, ordinaries, pawn-brokers, money changers, peddlers,
hawkers, and retailers.
Exhibitions, etc g 45^ Xo Kcensc, tax and regulate auctioneers, theatri-
cal or other exhibitions, shows and amusements, and to
impose duties upon the sale of goods sold at auction.
Porters, hack- ^ 46, To liccnsc, tax, regulate and snppress hackmen,
men, etc. , <^ -i i • i. 1 11 \.i •
draymen, omnibus drivers, porters and all others pursuing
like occupations, w^th or without vehicles, and prescribe
their compensation, and to restrain and regulate runners
for cars, stages and public houses.
Billiards, ten §47. To liccuse, tax and rcgulate the keeping of billiard
pms, etc. tables, ten pin alleys, ball alleys and shooting galleries, and
restrain gambling houses, lotteries and all fraudulent devices
and practices, and all playing of cards, dice and other games
of chance, with betting, and to authorize the destruction
of all instruments and devices used for the purpose of
gaming.
Malt liquors, ^ 48. To Hceiise, regulate and tax the selling of intoxi-
eating and malt liquors witlim the city for one year, hir
which license the said council shall tix the sum to be paid
— the same to be not less than three hundred dollars for
spirituous and malt liquors, not less than ($100) one hundred
Proviso. dollars for malt liquors : Provided, that the city council
may grant permits for the sale of liquors by druggists for
medical, mechanical, chemical and sacramental purposes
only, under such restrictions as may be provided by ordi-
nance.
Special tax. g 49^ To levy and collect a special tax on the holders
of the lots on any street, lane, avenue or alley, according to
the respective fronts owned by them, for the purpose of
paving and grading the sidewalks and lighting said street,
avenue, lane or alloy ; but the owners of property aforesaid
CITIES. 297
may make such grade and pavement, under the direction of
such person or ])ersons, as the city council may appoint.
§ 50. To authorize the proper officer, to grant and issue Manner of issu-
licenses, and direct the manner of issuing and registering '"s licenses,
thereof, and the fees and charges to be paid : Provided^ no Proviso.
license shall be granted for more than one year, and not
less than tive dollars shall be charged for any license under
this act.
§ 51. To erect and establish a work house or house of
correction, to make all necessary regulations therefor, and
app<iint all necessary keepers or assistants. In such work
house or house of correction may be confined all vagrants,
stragglers, idlers, and disorderly persons, who may be com-
mitted thereto by anj^ proper officer ; and any person who
shall fail or neglect to pay any fine, forfeiture or penalty or
costs imposed by any ordinance of the city, for any misde-
meanor or breach of any ordinance of the city, or in viola-
tion of any provision of this charter, may, instead of being
committed to the jail of Christian county, be kept therein,
subject to labor and confinement.
§ 52. To authorize and direct the taking up and provid-
ing for the safe keeping and education, for such periods of
time as may be deemed expedient, of all children who are
destitute of proper parental care, wandering about the
streets, committing mischief, and growing up in mendicancy,
ignorance, vice and idleness.
§ 53. To pass, publish, amend and repeal all ordinances, ordinances.
rules and police regulations, not contrary to the constitution
of the United States or this state, for the good government
of the city and the trade and commerce thereof, that may
be necessary and proper to carry into effect the powers
vested by this act in the corporation the city government or
an}^ department or officers thereof; to enforce the observ- Enforcement of
ance of all such rules, ordinances and police regulations,
and to punish violations thereof, by fines, penalties, forfeit- Fines, penalties,
ures or imprisonment in the county jail, city prison or
workhouse, or both in the discretion of the court or magis-
trate 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 may be recovered, with costs, in an action of
debt, in the name or for the use of the city, before any court
having jurisdiction, and punishment inflicted ; and any per-
son upon whom any fine, forfeiture or penalty is imposed,
shall stand committed until the payment of the same and
costs, and, in default thereof, may be imprisoned in the
county jail, city prison or workhouse, or required to labor
on the streets or other public works of the city, for such
time and in such manner as may be provided by ordinance.
§ 54. All owners or occupants of lots or lands in front Duties of own-
of, adjoining or upon whose premises the city council shall Zl^ iL ^^?'^*'
Yol. 1—20 " '
298
Expenses
removal
nuisances.
Eleetion of offi
cers.
Style of ordi
nances.
Publication of.
order and direct sidewalks or drains to be constructed,
graded or repaired, relaid or cleansed, or shall declare any
such lots or land to be nuisances, and order the same to be
filled up, graded and drained, or otherwise improved, shall
make, grade, repair or relay such sidewalk, or make, repair
or cleanse such drain, or grade, fill up, drain or otherwise
improve such lots or land, at their own cost and charges,
within the time and in the manner prescribed by ordinance
or otherwise; and, if not done within the time and in the
manner prescribed, the city council may cause the same to
be constructed, repaired, relaid, cleansed, filled up, graded,
drained or otherwise improved, and assess the expense
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, as general tax assess-
ments. A suit may also be maintained against the owner
or occupant of such premises for the recovery of such expen-
'ses, as for money paid and laid out to his use and at his
request.
for g 55. In all eases where expenses may be incurred in
°^ the removal of any nuisance, the council may cause the
same to be assessed against the real estate chargeable there-
with-, in the same manner prescribed in the foregoing sec-
tion. Such expenses may be, likewise, collected of the owner
or occupant of such premises in a suit for money expended
for 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 nuis-
ance, if known, or any person whose duty it may be to
remove or abate the same.
§ 56. The city council shall have power to provide for
the taking enumerations of the city.
§ 57. "To regulate the election of city officers and fix the
compensation, by fees, commissions or otherwise, of all city
officers ; regulate the fees of jurors, witnesses and others,
for services rendered under this act or any ordinance made
in pursuance hereof.
§ 58. To organize and regulate the police of the city ;
to impose fines, forfeitures and penalties, for the breach of
any ordinance, and to })rovide for the recovery and appro-
priations of such fines and forfeitures and the enforcement
of such ])enalties; and all moneys collected under and by
authority of any city ordinance shall be deemed and taken
to belong to said city and disposed of by said city council,
under the ordinances of said city, for the use and benefit of
the inhabitants thereof.
§ 59. The style of ordinances shall be "Ee it ordained
by the City Council of the City of Pana."
' § 60. All ordinances passed by the city council shall,
within ten days after they shall have been passed, be pub-
lished in some newspaper in the city, and shall not be in
CITIES. • 299
force nntil five days after they shall have been published as
aforesaid.
§ 61. All ordinances of the city may be proven by the Proof of.
seal uf the corporation, and, when printed in book or pam-
phlet form, and purporting to be published by authority of
the corporation, shall be received in evidence in all courts
and places, without further proof.
§ 6-2. The city council shall have power to require of all ^^'^If'^ <=^'°^-
railroad companies, that own or shall own any railroad
within the limits of the city, to construct and erect good
and sufficient crossings at such times and places on said road
as may be directed by said council.
ARTICLE VI.
JUPICIAKY.
I 1. There shall be established a court of civil and crimi- city eom-t.
rial jurisdiction, to be styled the "City Court of Pana,"
and shall have a seal, which may be altered by the city
council.
§ 2. The judge shall be elected at the same time and in Judge of.
the same manner as the mayor; he shall hold his office for
four years and until his successor is elected and qualified.
§ 3. No person shall be eligible to the office of city Eligibility to of-
jndge unless he is, at the time of election, a citizen of the ^'°®"
'United States, a freeholder of the city, twenty-five years of
age, and has resided in the city at least six months next
preceding the election.
S 4, The city iudo-e is hereby constituted a iustice of Powers and du-
, <? . ^, ' . '' • " tV 1 n 1 • • 1 ties of.
the peace ol Christian county. He shall be commissioned
by the governor, and qualify as other justices of the peace,
but enter into an office bond of two thousand dollars. He
shall have and exercise additional statute criminal jurisdic-
tion to-wit: In all cases arising under the ordinances of the
city, where the demand, damage and fine do not exceed five
hundred dollars, and where the imprisonment extends only
to the county or city jail ; he shall have exclusive jurisdic- Jurisdiction.
tion in all cases arising under this act or any by-law or
ordinance in pursuance thereof; he shall adopt a series of
rules, regulating the practice in said court, and shall record
the same in his docket; he may require written pleadings in
said court.
§ 5. The said judge shall hold a session of his court on comt soBsions.
every Monday, and shall keep the same open every day,
Sundays excepted, until all the business before him is dis-
posed of; he shall have power to fine and imprison for con-
tempt of his court when in session; he shall be entitled to
receive the same fees as circuit clerks for similar services Fees,
now by law are entitled to; he shall keep an execution
docket, in which he shall record the issuing and return of Docket, etc.
all executions, and also a fee book, in which he shall sep-
300
CITIES.
Duty of judge
in case of
change of ven-
arately charge the fees in each case, and shall issue fee bills
and cost bills according to law governing circuit clerks in
this state.
Judgments, § 6. Judffinenta rendered by the city judge shall have
the same etiect as judgments rendered by justices of the
peace.
Change venue. § 7. Change of venuG may be taken from before the
city judge, in all cases prescribed by law governing the
changes of venue in circuit courts of this state; and, when
a change of venue is sought, the person making application
shall proceed in like tnanner as from said courts; and such
changes shall be taken to no other than the circuit court of
Christian county : Provided^ said case did not arise under
this charter or any city ordinance.
§ 8. In all criminal cases when changes of venue shall
be granted, it shall be the duty of the city judge to take
recognizance, with sufficient penalty and security, of the
said defendant, for his appearance at the circuit court. The
said recognizance shall be payable to the state, for the use of
said city, if arising within the city limits, and to said
county, if given in a case arising out of the city limits, and
recoverable, in case of forfeiture in any court of Christian
county having jurisdiction; and, on failure to give such
recognizance, the marshal shall commit said defendant to
the county or city jail, to be dealt w^ith according to law.
§ 0. Appeals may be taken from the decision of said
judge to the circuit court of Christian county, in the same
manner as appeals are taken from justices of the peace.
§ 10. Transcripts of the docket of said judge may be
filed with and recorded by the clerk of Christian county, in
the same manner as from other justices of the peace; and
said transcripts shall have the same effect against liens upon
real estate that transcripts of other justices of the peace of
the said county have or may have.
Vacancy. § 11< 111 the cvcut that the city judge shall be removed
from office or the said office otherwise become vacant, or
should he be absent from the city or sick or unable to attend
to the duties of his office, the mayor shall and is hereby
authorized to appoint one of the justices of the peace in
said city to preside in the place and stead of the city judge
in all cases concerning the violations of city ordinances or
the provisions of this act.
Salary. | 12. The city judge shall receive in addition to his fees
such salary from the city as may be prescribed by the city
council,
other officers. § 13. The city marshal and other authorized officers
shall be the executive officers of the city court; but before
entering upon the duties of their respective offices, they
shall each (jualify and be commissioned as county sheriffs
are, and shall enter into official bonds in the sum of two
tlioueand dollars each.
Appeals.
Transcripts of
docket.
CITIES. • 301
§ 14. They shall be entitled to the same fees that sheriffs Fees of.
are allowed for similar services, and may, in addition there-
to, receive a salary from the city as the city council may
direct, and they shall have the same power and authority to Powers of,
execute all process issuing from said court as sheriffs have
to execute similar process issuing from the circuit court.
ARTICLE VII.
EXECUTIVE POWERS,
§ 1. The mayor shall preside at all meetings of the city Presiding offi-
council, and in case of a tie and no other, shall have a cast- '^'^^'
ing vote. In case of the non-attendance of the maj^or at
any meeting, the board of aldermen shall appoint one of
their own members chairman, who shall preside at the
meeting, but who shall not thereby lose his right to vote
upon any question before the board.
§ 2. The mayor, or any three aldermen, may call special speewi meet-
meetings of the city council.
§ 8. The mayor shall, at all times, be active and vigi- I'uties of mayor
lant in enforcing the laws and ordinances for the govern-
ment of the city ; he shall inspect the conduct of all
subordinate ofhcers of tlie city ; shall cause negligence or
violation of duty to be prosecuted and punished ; he shall,
from time to time, communicate to the board of aldermen
such information and recomuieud such measures as in his
opinion may tend to the improvement of the finances, the
health, securit3\ comfort and ornament of the city.
§ 4:. He is hereby authorized to call on every male Aidinenforc
inhabitant of said city over the age of eighteen years to
aid in enforcing the laws and ordinances for the govern-
ment of the city, and, in case of a riot, to call out the militia
to aid him in suppress'ing the same or- other disorderly con-
duet, preventing and extinguishing fire, securing the peace
and safety of the city, or in carrying into effect any law or
ordinance; and any person who shall not obey such call
shall forfeit to said city a fine of not less than five nor more
than twenty-five dollars.
§ 5. He shall have power, whenever he [may] deem it Exhibitor
necessary, to require of any of the officers of said city an '^''°^^^' ^'^'
exhibit of his books and papers.
§ 6. He shall have power to execute all acts that may be other acts.
required of him by any ordinance made in pursuance of
this act.
§ T. He shall have such jurisdiction as may be vested Jurisdiction
in him by an ordinance of the city in and over all places
within one mile of the limits of the city, for the purpose of
enforcing the health and quarantine ordinances and regula-
tions thereof.
302
Indictment
mayor.
Salary of mayor
Approval of
ordinances.
Vacancy.
of § 8. In case the mayor shall at any time be guilty of a
palpable omission of duty, or shall willfully and corruptly
be guilty of oppression, malconduct or partiality in dis-
charge of the duties of his office, he shall be liable to indict-
ment in the -circuit court of Christian county, and on
conviction shall be fined in a sum not exceeding five hun-
dred dollars, and the court shall have power, on the
recommendation of the jury, to add to the judgment of
the court that he be removed from his ofiice.
§ 9, The mayor shall receive such compensation for his
services as shall be provided by ordinance,
§ 10. Ail ordinances and resolutions shall, before they
take efif'ect, be placed in the ofiice of the city clerk ; and if the
mayor approves thereof he shall sign the same ; and such as
he shall not approve he shall return to the city council, at
the next regular meeting thereof; Provided^ such meeting-
shall be two days or more after the first passage of the same ;
otherwise, to the next subsequent meeting of the citj' coun-
cil, with his objections thereto: Provided^ further^ that if
the mayor shall not return the same, as above provided, he
shall be deemed to have approved the same. Upon the
return of any ordinance or resolution by the mayor, the vote
by which the same was passed shall be reconsidered, and if,
after such reconsideration, a majority of all the members
elected to the city council shall agree, by ayes and nays,
which shall be entered on record, to pass the same, it shall
go into effect, notwithstanding the mayor may neglect or
refuse to approve the same.
§ 11. In case of vacancy in the ofiice of mayor, or of his
being unable to perforin the duties of his office, by reason
of temporary or continued absence or sickness, the city
council shall appoint one of its members, by ballot, to pre-
bide over its meetings, whose official, designation shall be
" acting mayor," and the alderman so appointed shall be
vested with all the powers and perform all the duties of
mayor until the mayor shall assume his office, or the va-
cancy shall bo filled by a new election.
ARTICLE V 1 1 r.
OF POWERS AND DUTIES OK OTHER OFFICERS.
Piitics of city
clerk.
g 1. The clerk 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
])roceedings in a joilrnal ; and copies of all papers duly
filed in his office, and transcripts from the journals of the pro-
ceedings of the city council, or other records of his office,
certified by him, under the corporate seal, shall be evi-
dence in all coui'ts, in like manner as if the originals wore
produced ; he shall likewise draw all warrants on the treas-
ury and countersign the same, and keep an accurate account
CITIES. 303
of all receipts and all expenditures, in such manner as tlie city
council shall direct ; and he shall have power to administer
any oath required to be taken by this act.
§ 2. It shall be the duty of the city attorney to per- Duties of city
form all professional services incident to his othce, and when ^""'"^y-
required, to turnish written opinions upon the subjects and
questions submitted to him by the mayor, the city council,
or any of its committees.
§ 3. The city treasurer shall receive all moneys belong- Duties of city
ing to the city, and shall keep an accurate account of all '^-'•'^'i^^-
receipts and expenditures in such manner as the city coun-
cil shall direct. All moneys shall be drawn from the treas-
ury in pursuance of any order from the city council, by
warrants, signed by the mayor or presiding officer of
the city council, and countersigned by the clerk; such
warrants shall be numbered to correspond with the order
granting the same, and shall specify for what purpose the
amounts named therein shall be paid. The treasurer shall
exhibit to the city council at least twenty days before the
annual election of each year, and oftener if required, a full
and detaded account of all receipts and expenditures for
all purposes after the date of the last annual report, and also
the state of treasury ; which accounts shall be hied in
the office of the clerk.
§ 4. The city marshal shall perform such duties as shall powers and
be prescribed by the city council tor the preservation of the gi"^!!' °^ ™'"''
public peace, the observance and enforcement of the ordi-
nances and the laws ; he shall possess the power and
authority of a sherilf at common law, under the statutes
"of this state, and receive like fees; he shall, before entering
upon the duties of his office, execute a bond, such as the
mayor and a majority of the aldermen shall approve, and
file the same with the city clerk ; he shall have power to
appoint one or more deputies, who shall take the oath of
office prescribed herein, and who shall possess all the power
ol and be entitled to like fees as the city marshal, subject,
uevertheless. to removal at pleasure by the marshal, or
the city council by a majority vote thereof: Fwmded, that proviso.
the city marshal shall be responsible for all acts of his deputy
or deputies done under color of office.
§ 5. Thecity surveyor shall have the sole power, under the Duties of sur-
direction and control of the city council, to survey within the ''^^°^'
city limits, and shall be governed by such rules and ordinances
andreceive such fees and emoluments for his services as the
city council shall direct and prescribe ; he shall possess the
same power, in making surveys and plats 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 sur-
veys made by him as are or may be given bv law to the
acts, plats and surveys of a county surveyor ; he shall, when
required, superintend the construction of all public works
304 CITIES.
ordered by the city, make out the plans and estimates
thereof, and contract for the execution of the same ; he sliall
perf irm all surveyiuijj and engineering ordered by the city
council, ishall, under their direction establish the grades and
buundaries of streets and alleys, but such plans, estimates,
contracts, grades and boundaries shall be reported to and
approved by the city council before they shall be of
validity.
Duties of street § 6. It shall bc the duty o± the street commissioner,
commissioneis^^^^^^^, the direction of the city council, to superintend the
opening, grading or improving of streets and alleys, the
construction and repairing of bridges, culverts, sewers,
crosswalks and sidewalks, and of all public local im[)rove-
ments generally, in their respective districts, and to carry into
ellect ail orders of the city council in relation thereto.
They shall keep accurate accounts of ail receipts and ex-
penditures by them made and received, and render monthly
accounts thereof to the city council,
other duties of § 7. The city council shall have power to impose upon
all officers other duties than those prescribed, and prescribe
the duties and powers of all officers appointed or elected to
any office under this act, whose duties are not herein speci-
fied or specially mentioned, and fix their compensation.
^usai*to s^"?ren- § ^- ^^ ^".Y P^i'son, having been an officer of said city,
der otiieer's shall uot wiiliiu ten days after notification and request, de-
proper y, etc. |.^^^. ^^^ ^^.^ succcssor in officc all property, books, papei's
and effects of every description in his possession, belonging
to the city, or appertaining to his said office, he siiall forfeit
and pay, for the use of the city, fifty dollars, besides all
damages caused by his neglect and refusal so to deliver up
the same ; and such successor shall and may recover pos-
session of the property, books, papers and effects of his
office, and appertaining thereto, in the manner prescribed by
the laws of this state.
comm^ission of § »^, AH officcrs elected or appointed under this act,
(except aldermen and mayor), shall be commissioned by
warrant, under the corporate seal, signed by the nuiyor or
presiding officer of the city council, and by the city clerk.
Conservators of ^ 10. The mayor, aldermen, marshal and his deputies,
le peace. ^|^^| yy.^fgijjjjgjj^ .^j.g couscrvators of the peace, and all t)fficers
of the city created conservators of the peace by this act, or
autlu)rized by any ordinance, shall have power to arrest or
cause to be arrested, with or without process, all ])ersons
who shall break the peace or be found violating any ordi-
nance of the city, commit for examination, and if necessary,
detain such persons in custody over night or the Sabbath
in the watch house, city prison, or any safe place, or until
they can be brought before the city judge ; and shall have
and exercise such other powers, as conservators of the
peace, as the city council may prescribe.
CITIES. * 305
ARTICLE IX.
PROCEKDIXGS IN SPECIAL CASES.
The city council shall have power to acquire, open and Public grounds,
to lay out public grounds or squares, streets, alleys and ^^'^*''®^' ^*°'
highways, and to alter, widen^ contract, straighten and dis-
continue the same ; but no street, alley or highway, or any
part thereof, shall be discontinued or contracted without the
consent in tvriting of all persons owning lands and lots ad-
joining said street, alley or highway. They 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 par-
ticularly the proposed improvements, and the real estate re-
quired to be taken, and the same when opened and made
shall be public highways and public squares.
AVhen it shall be necessary to take private property for Taking private
opening, altering or laying out any street, lane, avenue, puwrc^pVpoT-
alley, public square or public grounds, the corporation shall ®^-
make a just compensation thereof to the person whose
property is so taken, and if the amount of such compensa-
tion can not be agreed upon, the mayor shall cause the same
to be assessed by a jury of six disinterested freeholders of
the city. When the owners of all the property on a street,
lane or alley proposed to be opened, widened or altered,
shall petition therefor, the city council may open, widen or Petitions.
alter such street, lane, avenue or alley upon condition to be
prescribed by ordinance, but no compensation shall in such
case be made to those whose property shall be taken for the
opening, widening or altering of such street, lane, avenue
or alley, nor shall there be any assessment of benefit or
damage that may accrue thereby to any of the petitioners.
All jurors empanelled to inquire into the amount of Benefits, dama-
benelit or damage which shall happen to the owners of s^s.etc.
property proposed to be taken for opening, widening or al-
tering any street, lane or alley, shall be first sworn to that
effect, and shall return to the mayor their inquest in writing, inquests.
signed by each juror. In assessing the amount of compen-
sation for property taken for opening or widening or alter-
ing any street, lane, avenue or allej^, the jury shall take into
consideration the benefit as well as the injury happening by
such opening, widening or altering such street, lane, avenue
or alley.
The mayor shall have power, for good causes shown New inquests,
within ten days after any inquest shall have been returned
to him as aforesaid, to set the same aside and cause a new
inquest to be made.
306
CITIES.
ARTICLE X.
MISCELLANEOUS PROYISIOXS.
Pnnishmont of | 1. The citj council sliall have power to prescribe
(provide) for the punishment of offenders by imprisonment
in the county jail or city prison, in all cases when such of-
fendei-s mi^ht lawfully be imprisoned under the constitution
of this state.
Annual finan- § 2. The city coiiucil shall cause to be published an-
c;ai statement, ^^ypy^ withiu onc month of and previous to the election, a
full and complete statement of all moneys received and ex-
j)ended by the corporation during the preceding year, and
on what account received and expended by the corporation.
Said statement to be published in some newspaper printed
in the city at least one week previous to the election.
Force of ordi- § 3. All ordiuauccs and resolutions passed by the presi-
dent and board of trustees of the town of Pana shad re-
main in full force until the same shall have been repealed
by the city council hereby created.
Wards. § 4. The present board of trustees of the town of Pana
shall have power, and it is hereby made their duty, before
the first of March next, to divide the city into wards, .by
lines, describing particularly the boundaries of each ward
and the number thereof, the wards to be as nearly equal in
population as practicable.
Meeting to de- § 0. The president and board of trustees of the town of
tTonorotficlrs'.P^''^ shall hold a meeting on the eighth day of March
next for the purpose of determining who is elected to each
office under this act, and shall cause the officers elected to
be notiiied of their election as herein described.
§ 6. All actions, lines, penalties and forfeitures which
have accrued or may accrue to the president and board of
trustees of the tow^n of Pana, for the use of the inhabitants
Vested proper- thereof, shall be and they are hereby declared vested in the
corporation hereby created, and no' suit commenced by the
president and board of trustees of said town shall abate by
reason of the passage of this act, but may be prosecuted to
eifect the same as if this act had never been passed, and in
the name in which the same was originally commenced.
Appeals § 7. Appeals shall be allowed from decisions in all cases
arising under the provisions of this act, or any ordinance
passed in pursuance thereof, to the circuit court of Christian
county, and every such appeal shall be taken and granted
in the same manner and with like effect as appeals are now
taken i'rom and granted by justices of the peace to the cir-
cuit court under the laws of" this state.
Evidence of § 8. Tliis act is hereby declared to be a public [act], and
may be read in evidence in all courts of law and equity
witliin this state without proof.
ty, etc.
act.
CITIES. 307
§ 9. The certificate of the city clerk, under the seal of Proof of.
the city, shall be conclusive proof and evidence of all ordi-
nances and by-laws, and of the legal publication thereof, to
which it may be attached, in all courts and places.
§ 10. All actions brought to recover any penalty or for- suits at law.
feiture under this act, or any ordinance, by-law or police
regulation made m pursuance thereof, shall be brought in
the corporate name of the city, and it shall be lawful to de-
clare generally in debt for such penalty, tine or forfeiture,
stating the clause of this act or the date of the passage of
the by-law or ordinance under which the penalty or forfeit-
ure is claimed, and to give the special matter in evidence
under it.
§ 11, In prosecution for any violation of any ordinance. Summons. «
by-law, or any other regulation, the tirst process shall be by
summons, unless oath or affirmation be made for ^^•arrant as
herein provided.
§ V2. A warrant shall issue in all cases in favor of the warrants.
city of Pana for a violation of any ordinance, by-law or
other regulation when any person shall make oath or
affirmation that such a violation has been committed.
§ 13. The city of Pana, hereby incorporated, shall as- corporate liabii-
sume all the liabilities of the corporate town of Pana, and '''^^•
the city council shall provide for the payment of the same,
and all warrants or orders drawn by the president and
board of trustees of the town of Pana and all warrants
drawn by order of the city council shall be received in pay-
ment of all taxes levied by the city council of Patia.
§ li. All property, both real and personal, within the Esemption
limits of said corporation, shall be exempt from county usTsr^"*^
taxes : Provided, the said city shall maintain and support Proviso,
its own poor so as not to make the county chargeable with
the same.
§ 15. All fines, forfeitures and penalties ct)llected for Disposition of
„.'-' • , , 1 • 1 . 1 • '^ 1 1 , ■ 1 fines, penalties
oiiences committed witlnn the city, and all money received etc.
for licenses, shall be paid into the city treasury by the
officers collecting the same; and all fines and forfeitures
collected of any citizen or person in or of said city for any
conviction in said city or the circuit court shall be paid over
in like manner.
§ 16. All officers elected or appointed under this act oath of office.
shall, before entering upon the duties of their respective
offices, make and subscribe, and file with the city clerk, the
following oath, to- wit : "I do solemrdy swear (or affirm) that
I will support the constitution of the United States and of
this state, and will well and truly perform the duties of my
office as to the best of my ability."
§ 17. All laws incorporating the town of Pana or conflicting laws
amendatory thereof, and all .laws in conflict with this act ""^p®*® •
are hereby repealed.
§ 18. This act to take eflfect and be in force from and
after its passage.
Appkuved February 13, 1867.
AN ACT to charter the city of Effingham.
ARTICLE 1.
BOUXDARIES, GEXEUAL POWERS AXD FORMATION OF WARDS.
Cerporate pow-
ers.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Asserably, That the
inhabitants in all that territory hereinafter described, in the
county of Etiinghain and state of Illinois, be and the}^ are
hereby constituted in a body politic and corporate, by the
name and style of "The City of Effingham;" and by that
name shall have perpetual succession, and may have and
use a common seal, which they may change and alter at
pleasure.
§ 2. The said city shall include within its limits all
within the following boundaries, to-wit : Commencing at
the south-weft corner of the south-east quarter of the north-
west quarter of section twenty-nine (29), thence north to
the north-west corner of the north-east quarter of the south-
west quarter of section twenty (20), thence east to the
section line between section twenty-one (21) and twenty-
two (22), thence south to the south-east corner of the
north-east quarter of section twenty-eight (28), tnence
west to the place of beginning, all in township eight (8),
north, range six (6), east of the "third (3) principal meridian.
^ 3. Whenever any tract of land adjoining the City of
Eliingham, shall be laid oil' into town lots and recorded ac-
cording to law, the same shall be annexed to, and form a
part of the City of Effingham.
§ 1. The inhabitants of said city^ by the name and style
aforesaid, shall have power to sue and be sued, to plead and
be impleaded, to defend and be defended in all courts of
law and equity, in all actions whatsoever ; to purchase,
receive and hold property, real and personal in said city,
for burial grounds for the use of the inhabitants of said
city ; and to sell, lease, convey and improve property, real
and personal, for the benefit of said city, and to do all other
things in relation thereto as natural persons.
§ 5. The city of Effingham shall be divided into two
wards, the boundaries of which shall be fixed by the city
council, and maybe by them, from time to time, changed
CITIES. 309
as they shall see fit. The city council may create additional
wards as occasion may require, and fix the boundaries
thereof.
ARTICLE II.
OFFICERS— THEIR ELECTION AND APPOINTMENT.
§ 1. The municipal government of the city shall consist cityconncii.
of a city council, to be composed of the mayor and two
aldermen from each ward. The other elective ofhcers of
the corporation shall be as follows: A city clerk, a city city officers,
treasurer, and a city police justice, who in addition to the
duties prescribed by this act, shall perform such other du-
ties as may be prescribed by c rdinance.
§ 2. There shall be appointed by the city council on the Appointive eity
second Mondy of April, of each year, or as soon thereafter officers.
as may be, a city marshal, a city attorney, a city assessor
and collector, a city surveyor and engineer, and such
watchmen, firemen, policemen, and other officers as may
be necessary, said officers, so appointed, to continue in office
during the pleasure of the city council, and to perform such
duties as may be prescribed by this act and by ordinance.
All vacancies in any of said offices may be filled at any vacanoie?.
regular meeting of the council.
§ 3. All officers elected under this act, except the police Term of office.
justice, shall hold their offices for" one year, and until the
election and qualification of their successors, respectively.
§ 4:. Each ward of said city shall be represented in the
city council by two aldermen, who shall be hona fide resi-
dents thereof.
§ 5. If from any cause there shall not be a quorum of ^o quorum.
aldermen, the clerk shall appoint the time and place of
holding a special election to supply such vacancies, and to
appoint judges thereof, if necessary. If any alderman shall Removal from
remove from the ward represented by him, his office shall *^^® ^''^'■'^•
thereby become vacant. If, from any cause, the officers
herein named shall not be appointed on the second Monday
of April in each year, the city council may adjourn, from
time to time, until such appointments are made. If there
should be a failure by the people to elect any ofliicers herein
required to be elected, the city council may forthwith order
a new election.
§ 6. Whenever any vacancy shall occur in the oflSce of vacancies.
mayor or alderman, such vacancy shall be filled by a new
election, and the city council shall order such special elec-
tion within ten days after the happening of such vacancy.
Any vacancies occurring in any other office may be filled
by appointment of the city council ; but no special election
shall be held to fill vacancies if more than nine months of
the time has expired.
310 CITIES.
Who may vote §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.
Tie vote. ^ 3_ 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 III.
General election § 1- ^ general election of all the officers of the corpora-
tion required to be elected by this act, or any ordinance of
the city, shall be held in each of the wards of the city on
the first Monday in April in each year, at such places as the
Notice of eiec- city couucil may appoint ; and of \yhich ten days previous
'■"'°' notice shall be given by written or printed notices in three
public places in each ward, or by publication in the news-
paper publishing the ordinances of the cit}', by the city
clerk.
Manner of con- § 9 The manner of conductino; and voting at the elec-
ducting elec- '-' ■, -, 1 1 • i • 1 1
tions. tions held under this act, and contesting the same, the
keeping the poll lists, canvassing of the votes, and certifying
the returns, shall be the same, as nearly as may be, as is
now or may hereafter be provided by law at general state
elections : .Provided, the city council shall have power to
Judges ofciec- regulate elections and the appointment of the judges there-
tion. Q^-_ rpj^Q voting shall be by 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.
Counting the After the closing of the polls, the ballots shall be counted
in the manner provided by law, and the returns shall be
returned sealed to the city clerk within three days after the
election ; and thereupon the city council shall meet and
canvassinK the cauvass the Same, and declare the result of the election.
The persons having the highest number of votes for any
office shall be declared elected. It shall be the duty of the
city clerk to notify all persons elected or appointed to office,
Shall qualify of their clcctiou or appointment, and unless such persons
diys." ^^■°"*^' shall qualify within twenty days thereafter, the office shall
become vacant.
Who entitled to ^ ;]. Jsjo pcrsou sluiU be entitled to vote at any election
under this act who is not entitled to vote at state elections,
and has not been a resident of said city at least six months
next preceding said election. He shall have been more-
over an actual resident of the ward in which he proposes
to vote for ten days previous to such election, and if requir-
ed by any judge or qualified voter, shall take the follow-
oath, and form injr oath before lie is })ermitred to vote : " I swear (or
afiirm) that I am of the ago of twenty-one years, that I am
votes.
CITIES. 311
a citizen of the United States, and have been a resident of
this State one year, and a resident of this city six months
miinediately preceding this election, and am now and have
been for tlie last ten days past a resident of this ward, and
liave not voted at this election : " Provided^ that the voter proviso,
shall be deemed a resident of the ward in which he is ac-
customed to lodge.
§ 4-. No election shall be held in any grog-shop or Grog-shops,
other place where intoxicating liquors are vended by retail.
, § 5. The persons entitled to vote at any election held
nnder this act shall not be arrested in civil process within No civii arrest
said city upon the day on which said election is held, and day. ®''^'^''°^
all persons illegally voting at any election held under this
act, or the ordinances of the city in pursuance thereof, shall
be punishable according to the laws of the State.
ARTICLE IV.
POWERS A\D PUTIES OF OFFICERS.
§ 1. Every person chosen or appointed to an executive, Oath of office.
judicial or administrative office under this act, shall, before
he enters upon the duties of his office, take and subscribe
the oath of office prescribed in the constitution of this state,
and file the same, duly certified by the officer before whom
it was taken, with the city clerk.
§ 2. The mayor shall, before he enters upon the duties Mayor's oath.
of his office, in addition to the usual oath, swear or affifm —
" That he will devote so much of his time to the duties of
his office as an efficient and faithful discharge thereof may
require." He shall preside over the meetings of the city Duties of may-
council, and shall take care that the laws of this state and ''^'
the ordinances of this city are duly enforced, respected and
observed within the city, and that all other officers of the
city discharge their respective duties. He shall cause neg-
ligence and positive violation of duty to be prosecuted and
punished. He shall from time to time give the city council
such information, and recommend such measures, as he
may deem advantageous to the city.
§^ 3. He is hereby authorized to call on any and all Posse,
white male inhabitants of the city or county over the age
of eighteen years, to aid in the enforcing of the laws of the
state or the ordinances of the city ; and any person who
shall not obey such call shall forfeit, to said city a tine of not
less than live dollars.
§ 4. He shall have power whenever he shall deem it May requira ex-
necessary to require of any of the officers of the city an ex- *'''''* of books,
hibit of his books and papers. And he shall have power to
execute all acts that may be required of him by this act, or
any ordinance made in pursuance thereof.
§ 5. He shall be liable to indictment in the circuit court indictment of
of Effingham county for palpable omission of duty, willful "'^ ""'y'^''-
312 CITIES.
oppression, raalconduct or partiality in the discharge of the
duties of his office ; and upon conviction shall be subject
to a fine not exceeding one hundred dollars, and the court
^officr' ^'°^ s^^'^^1 ^^^^'*3 power, upon recommendation of the jury, to add
as a part of the judgment that he be removed from office.
Ordinances. § 6. All Ordinances and resolutions shall, before they
take effect, be placed in the office of the city clerk, and if
the mayor approve them he shall sign the same, and such
as he shall not approve he shall return to the city council,
with his objections thereto. Upon the return of any ordin-
ance or resolution by the mayor, the vote by which the
same was passed shall be reconsidered, and if, after such
reconsideration, a majority of all the members elected to
Ayes and noes, the city couucil shall agree by the ayes and noes, which
shall be entered upon the journals, 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 term than three
days after the same shall be placed in the clerk's office as
aftresaid, the same shall go into effect. He shall, ex-oMcio.
Powers of may- , ^ j • • i. i.i • j i. \ \ \
or. have power to admmister auy oath required to De taken by
this act or any law of the state, to take depositions and
acknowledgments of deeds, mortgages and all other instru-
ments of writing, and certify the same under the seal of the
city, which shall be good and valid in law.
Vacancy. § '^ ■ I^^ ^ase of vacaucy in the office of mayor, or of his
being unable to perform the duties of his office by reason of
temporary or continued absence or sickness, the city coun-
cil shall appoint one of its members, by ballot, to preside
Acting mayor, over its meetings, wliose official designation shall be "act-
ing maj'or," and the alderman so appointed shall be vested
with all powers and perform all the duties of mayor, until
the mayor shall resume his office, or the vacancy shall be
filled by a new election.
Fire wnrdens. ^ 8. The members of the city council shall be, ex-officio^
fire wardens and conservators of the peace within the city,
and shall be exempt from jury duty and street labor, or
the })ayment of street taxes during their term of office.
Clerk, duties of. § 9. The clerk shall keep the corporate seal and all
papers and books belonging to the city ; he shall atteud all
meetings of the city council, and keep a full rt^cord of
their proceedings on the journals, and cojnes of all papers
duly filed in his office. And transcripts of the journals of
the proceedings of the city council, certified by him under
the corporate seal, shall be evidence in all courts in like
manner as if the originals were produced. He shall like-
wise draw all warrants on the treasury and countersign the
same, and keep an accurate account thereof in a book pro-
vided tor that purpose. He shall also keep an accu-
rate account of all receipts and expenditures in such
manner as the council shall direct. And he shall have
CITIES 313
power to administer any oath required to b3 taken by this
act.
§ 10. It shall be the duty of the city attorney to per- Attomty.
form 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 city council
or its committees.
§ 11, The city treasurer shall receive all moneys be- Treasurer.
longing to the city, and shall keep an accurate account of
all receipts and expenditures, in such manner as the city
council shall direct. All money shall be drawn from the
treasury in pursuance of an order of the city council, by a
treasury warrant, signed by the mayor or the presiding of-
ticer of the city council, and countersigned by the city
clerk. Such warrant shall specify for what purpose the
amount therein named is to be paid. The treasurer shall
exhibit to the city council at least twenty days before the '^°°"'''' ^®J'°''*-
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 treasury ; which account shall be filed in the office of
the clerk.
§ 12. The city marshal shall perform such duties as Marshal, duties
shall be prescribed by the city council for the preservation °^*
of the public peace, the collection of license money, fines,
or otherwise. He shall possess the powers and authority
of a constable at common law, and under the statutes of
this state, and receive like fees, but shall not serve civil
process without first entering into bond as such constable
to be approved by the county court, as in other cases. He
shall execute and return all process issued by any proper
officer under this act, or any ordinance in pursuance there-
of.
§ 13. The city engineer or surveyor shall have the sole surveyor
power, under the direction 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 emolu-
ments for his services as the city council shall direct and pre-
scribe; be shall possess, the same powers in makino- plats
and surveys within the city, as is given by law to ?ounty
surveyors, and the like effect and validity shall be o-iven to
his acts and to all plats and surveys made by him a^s are or
may be given by law to the acts, plats and surveys of the
county surveyor ; he shall, when required, superintend the
construction ot all public works ordered by the city, make out
plans and estimates thereof, and contract for the erection of
the same; he shall perform all surveying and engineerino-
ordered by the city council, under their direction ; estabhsh
the grades and boundaries of streets and alleys, but such
plans, estimates and contracts, grades and boundaries shall
Vol. 1-21
^-. his
fees and dutie
314 CITIES.
be first reported to the city council and approved by them,
or they shall not be valid.
Assessor and | jj., The assessor and collector 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 per-
Powers and formancc of his duties, he shall have the same powers as
are or may be given by law to county or town assessors,
and be subject to the same liabilities. On completing the
Revise and sign assessmcut lists, and having revised and corrected the same,
assessments, j^^ ^j^.^^^ ^j^^^ ^^^ j retum them to the city council. He shall
Collect taxes collect all taxes and assessments which may be levied by
"°"°°" the city council, and perform such other duties as may
be herein prescribed or ordained by the city council.
and assess-
inents.
ARTICLE V.
POWERS OP THE CITY COUNCIL AND DUTIES.
side
Casting vote.
Quorum.
Compensation
City council. g I The iiiajor and aldermen shall constitute the city
council of the city. The city council shall meet at such
time and place as they shall, by resolution, direct. The
Mayor shall pre- may Or, whou present, shall preside at all meetings of the city
council, and shall have only a casting vote. In his absence,
any one of the aldermen may be appointed to preside. A
majority of the persons elected aldermen shall constitute a
quorum.
§ 2. The members of the city council shall receive such
compensation for their services as the city council may direct :
Provided, that no member of the city council shall receive
more than two dollars for each regular monthly meeting of
the city council, and not more than one dollar for every called
or special meeting of the same ; and it any member shall be
absent from any meeting of the city council, he shall not
receive pay for that meeting. No member of the city
council shall he aj)pointed to, or be competent to, hold any
office of which the emoluments are paid from the city trea-
sury, or paid by fees directed to be paid by any act or ordi
nance of the city council, or be directly or indirectly
interested in a contract the expense or consideration
whereof is to be paid unier any ordinance of the city coun-
cil, or be allowed to vote in any matter in which he is
directly interested personally or pecuniaril}'.
§ 3. The city clerk, marshal, treasurer, assessor and
collector, surveyor and supervisor, and city attorney, shall
receive sucii pay lor their services as the city council may
establish by ordinance.
§ 4. The city council shall hold twelve stated meetings
(one in each month) during the year, and the mayor or any
two aldermen may call s})ecial meetings by notice to each of the
members of the city council, served personally or left at their
usual places of abode. That said city of Effingham shall not
City officers.
Compensation.
Mectmgs.
CITIES. 315
at any time issue city bonds for a greater amount than ten city bonds.
thousand dollars, without submitting the question of issu-
ing such bonds to a vote of the legal voters of said city ;
which vote or election shall be held as elections are now
held under this [charter] for the election of such officers of
the corporation, as by this act are required to be elected by
a vote of the people. If there is a majority in favor of
issuing bonds, then it shall be lawful for the corporation,
acting through the proper officer, to issue bonds. Petitions
and remonstrances may be presented to the city council,
and they shall determine the rule of their own proceedings, R^^'e of proeeed-
and be the judges of the election and qualification of their
own members, and shall have power to compel the attendance
of absent members.
§ 5. The city council shall have the control of the finances Powers and du-
aud of all the property, real, personal and mixed belonging couneii"/ °''^
to the corporation, and shall likewise have power within
the jurisdiction of the city by ordinance —
First. — To borrow money on the credit of the city and is-
sue the bonds of the city therefor ; but no sum of money shall
be borrowed at a higher rate of interest than the rate allowed
by law, nor shall a greater sum or sums be borrowed, or at
any time outstanding the interest upon the greater of
which shall exceed the one-half of the city revenue arising
from the ordinary taxes within the city for the year imme-
diately preceding; and no bonds shall be issued or negoti-
ated at more than ten per cent, below the par value ; and
when so issued and negotiated the interest on the same shall
not exceed eight per cent, per annum. The appropriations Appropriations.
of the city council for payment of the interest, for improve-
ments, and for city expenses, during any one fiscal year
shall not exceed the amount of the whole ordinary revenue
of the city for the fiscal year immediately preceding; but
the city council may apply any surplus money in the treas-
ury to the extinguishment of the city debt or the creation
of a sinking fund for that purpose, or to the carrying on of city debt-sink-
the public works of the city, or to the contingent fund for ^^s^'^'''^
the contingent expenses of the city.
Second. — To appropriate money and provide for the pay-
ment of the debts and expenses of the city.
Third. — To make regulations to prevent the introduction contagious dis-
of contagious diseases into the city, to make quarantine ''^^®*-
laws for that purpose, and to enforce them within the city
and within two miles thereof.
Fourth. — To make regulations to secure the health and
comfort of the inhabitants; to prevent, abate and remove Abate nuisauces
nuisances, and punish the authors thereof, by penalties,
fines and imprisonment ; to define and declare what shall
be deemed nuisances, and authorize and direct the summary
abatement thereof.
verts and sew-
ers.
Ligktiug.
316 CITIES.
Water. Fifth.~To provide the city with water ; to make, regu-
late and estabHsh pubHc wells, pumps and cisterns, hydrants
and reservoirs, in the streets within the city or beyond the
limits thereof, for the extinguishment of fires and the con-
venience of the inhabitants, and to prevent unnecessary
waste of water,
streets, alleys Sixth. — To have the exclusive control and power over
and highway., ^^jg s(.j,gg|-g^ allcvs and highways of the city, and to abate
and remove any encroachments or obstructions thereon ; to
open, alter, aboHsh, widen, extend, straighten, establish,
regulate, grade, clean, or otherwise improve the same; to
put drains and sewers therein, and prevent the incumbering
thereof, in any manner, and protect the same from any
encroachments or injury.
Bridges, eui- Seventh. — To establish, erect, construct, regulate and
keep in repair, bridges, culverts and sewers, sidewalks and
crossways and regulate the construction and use of the same
and 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 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 lighting the streets and erecting
lamp posts thereon, and regulate the lighting thereof,
and from time to time create, alter or extend lamp dis-
tricts ; to exclusively regulate, direct and control the laying
Gas pipes »nd aud repairing the gas pipes and gas fixtures in the streets,
fixtures. alleys and sidewalks.
Market houses. Ninth. — To establish and erect markets and market houses
and other public buildings of the city, and provide for the
government and regulation thereof, and their erection and
location, and to authorize their erection in the streets and
avenues of the city, and the ooutinuation of such as are
already erected within the same.
Public grounds Tenth.— To provide for the inclosing, regulating and im-
proving all public grounds and cemeteries belonging to the
city, and to direct and regulate the planting and preserving
of ornamental and shade trees in the streets or public
grounds.
Hospitals. Eleventh. — To erect and establish one or more hospitals
or dispensaries and control and regulate the same.
Obstructions. Twelfth. — To prevent the encumbering of the streets,
alleys, sidewalks or public grounds with carriages, wagons,
carts, wheel-barrow^s, boxes, lumber, timber, fire wood, posts,
awnings, signs, or any other substances or material what-
ever; to compel all persons to keep the snow, ice, dirt and
other rubbish from the sidewalks and street gutters in front
of the premises occupied by them.
Licenses. Thirteenth. — To license, tax and regulate merchants,
inn-keepers, brokers, money brokers, insurance brokers,
and cenmete-
riea.
CITIES. 317
auctioneers and insurance agents, and to impose duties on
the sale of goods at auction ; to license, tax, regulate, sup-
press and prohibit hawkers, peddlers, pawnbrokers, grocery
keepers, and keepers of ordinaries, theatrical or other exhi-
bitions, shows and amusements.
Fourteentli. — To license, tax, regulate and suppress hack- ^enre^tc.' ^^"^^ '
men, draymen, omnibus drivers, porters, and all others pur-
suing like occupations, with or without vehicles, and pre-
scribe their compensation ; and to regulate and restrain Runners,
runners for stages, cars and public houses.
Fifteenth. — To license, tax, regulate, prohibit and sup- ^Jj'j^'"'^ **^'®^'
press billiard tables, pin alleys and ball alleys; to suppress
and restrain disorderly houses, tippling shops, saloons and
groceries, bawdy houses, gambling and gambling houses,
lotteries, and all fraudulent devices and practices, and all
playing of cards, dice and other games of chance, with or
without betting, and to authorize the destruction of all in-
struments and devices used for the purpose of gaming.
Sixteenth. — To authorize the proper officer of the city to Fees and char-
grant and issue licenses and to direct the manner of issuing ^^^ ° '
and registering thereof, and the fees and charges to be paid
therefor. No license for tippling shops, saloons and groce-
ries shall be granted for more than one year.
Seventeenth. — To restrain, regulate and prohibit the sell- '^/aU^'^of intox-
ing or giving away of any intoxicating or malt liquors by icatingUquors.
any person within the city, except by persons duly licensed ;
to forbid and punish the selling or giving away of any in-
toxicating or malt liquors to any minor, apprentice or ser-
vant, without the consent of parent, guardian, master or
mistress.
Eighteenth. — To regulate the inspection and vending of inspection of
fresh meats, poultry and vegetables, of butter, lard and other ^^**^'P°" ^^'^^
provisions, and the place and manner of selling fish and
inspecting the same.
Nineteenth. — To regulate, license and prohibit butchers, supervision of
and to revoke their licenses for mal-conduct in the course of
trade.
Iwentieth. — To establish standard weights and meas- weights and
1 , 1 , . , , " , measures.
ures and to regulate the weights and measures to be
used within the city, in cases not otherwise provided
by law ; to require all traders or dealers in merchan-
dize 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 or ordi-
nance.
Tioenty-first. — To create, establish and regulate the police Police,
of the city ; to appoint watchmen and policemen, and pre-
scribe their duties and powers.
318 CITIES.
Riots, etc. Twenty -second. — To prevent and suppress any riot, rout,
aftray, n(jise, disturbance, disorderly assemljly in any public
or private place within the city.
Horseracing. Twenty -thiTcl. — To prohibit, prevent and suppress horse
racing, immoderate riding or driving in the streets, and to
authorize persons immoderately riding or driving, as afore-
said, to be stopped by any perscm ; to proliibit and punish
the abuse of animals ; to compel persons to fasten their
horses or other animals attached to vehicles or otherwise,
when standing or remaining in the streets.
Vagrants, etc. Ttoeniy-fotiHh. — To restrain and punish vagrants, men-
dicants, street beggars and prostitutes.
Running at Twtnty-jive. — I'o regulate, restrain or prohibit the run-
ifo?se°,*etc.'"^' "i^o ^^ large of horses, cattle, swine, sheep, and goats and
geese, and to authorize the distraining, impounding and
sale of the same for the costs of proceedings and the pen-
alty incurred, and to impose penahies on the owners thereof
for the violation of any ordinances 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.
Fire-arms. Iwenty-six. — To prohibit and restrain the firing of guns,
pistols, lire-crackers and all other fire-arms; to prohibit and
restrain the ringing of bells, blowing of horns or bugles
and all other noises, performances and practices tending to
the collection of persons on the streets or sidewalks.
Unwholesome Tioenty sei^enth. — To compel the owner or occupant of
house^,^eTc'.'' ^"7 gfoccry, cellar, packing-house establishment for steam-
ing or rendering lard, tallow or offal, soap or tallow-chandler,
blackstnith shop, tannery, stable, privy, sewer, distillery,
brewery, liverj' etables, slaughtering establishments, or other
unwholesome or nauseous house or place ; to cleanse, re-
move or abate the same, as may be necessary for the health,
comfort or convenience of the inhabitants.
Enumerations. Ttoenty- eighth. — To provide for taking an enumeration of
the i/d)abitants of the city.
Punishment of Tvje7ity ninth. — To ])rovide for the punishment of offend-
ers against the ordinances of said city by fines and ibrfeit-
ures and imprisonment, and the nuigistrate or court before
whom such ofi'enders shall be tried, shall have power to
direct, as part of the judgment against said ofi'enders ; in
case they shall fail or refuse to pay said fines and forfeit-
ures aiui costs, said ofi'enders shall be committed to the
county jail of said Effingham county, until such fines, forfeit-
ures and costs shall be ])aid, or until otherwise discharged
by due process of law. Process maybe issued immediately
by said nuigistrate or court, on rendition of judgment, to
enforce payment thereof; and in all cases of riot, rout,
affrays, swindling, gaming, sale of intoxicating or malt
liquors without license, assault or assault and battery, and
CITIES. 319
vasrancy ; the dieting of such persons so committed to said
jail to be paid for by the said county ot Effingham.
Thii'tiet/i. — To direct and control the laying and con- To regulate raii-
strnction of railroad tracks, 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 constructed and laid as to inter-
fere as little as possible, with the ordinary travel and use of
the streets and alleys, and that sufficient space shall be left on
either side of said tracks for the safe and convenient 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
intersection of streets and alleys and ditches, sewers and
culverts, where the city council shall deem necessary; to
direct and prohibit the use, and regulate the speed of loco-
motive engines within the inhabited parts of the city ; to
prohibit and restrain railroad companies from doing storage
or warehouse business or collecting pay for storage.
Tldrty-fii'st. — The city council shall have power to pass, Power to pass
publit^h, amend and repeal all ordinances, rules and police °'''^'°"''^^®*'-
regulations, not contrary to the constitution of the United
States or of this state, for the good government, peace
and order of the city, and the trade thereof that may
be necessary or proper to carry into effect the powers
vested by this act in the corporation, the city government or General powers
any department or officer thereof ; to enforce the observance t°o govem'^°the
of all such rules, ordinances and police regulations, and to *^'*^'
punish violations thereof by fines, penalties and imprison-
ment in the county jail of Effingham countj ; but no fine
or penalty shall exceed five hundred dollars, nor the im-
prisonment six months, for any offence, and such fine or
penalty may be recovered with costs in any action of debt,
in the name or for the use of the city, before any court hav-
ing jurisdiction, and punishment inflicted ; and any person
upon whom any fine or penalty [is] imposed, shall stand
committed until the payment of the same and costs, and
in default thereof may be imprisoned in the county jail for
such time and in such manner as may be provided by ordi-
nance.
ARTICLE VI.
OF TAXATION.
§ l._ The city council shall have power within the city
by ordinance.
First. — To levy and collect annually, taxes not exceeding Power to levy
five mills to the dollar, on the assessed value of all real erarpurpo^ls.'
aud personal estate and property within the city, and
all personal property of the inhabitants thereof, made tax-
320 CITIES.
able by the laws of tlie state for state purposes, to defray
the general and contingent expenses of the city not herein
otherwise provided for, which taxes shall constitute the
general fund.
School purpo- iSecond. — To annually levy and collect a school tax not
^^^' exceeding five mills on the dollar, on all property taxable
for state purposes for purchasing ground for school houses,
building and repairing school houses, and supporting and
maintaining schools.
'^teres't on^ c'it" Third. — To Icvy and collect taxes not exceeding five mills
debt. ^ '^ to the dollar, per annum on all property subject to taxation,
to meet the interest accruing on the debt of the city; and
the city council shall pass no ordinances or resolution incur-
ring or creating a debt, without at the same time making
provision for the levying a tax suflicient to meet the pay-
ment ot the interest accruing thereon when payable.
Tax jor^ public FouTtli. — To annually levy and collect taxes on all pruperty
'°°*' subject to taxation, when required for the erection of a city
hall, markets, hospitals, city prison or work house, the pur-
chase of market grounds, public squares or parks, or any
other public improvements : Provided., the estimated costs of
a city hall, work house or market house may be appor-
tioned by the city council and collected by a series of annual
assessments ; but the cost of market grounds, markets, public
squares or other improvements may be levied and collected
upon all the real estate and other property in the natural
divisions of the city in which they are located. No local
improvement under this section shall be ordered in any
division or ward, unless the aldermen from such ward shall
vote for the same; but no tax or taxes shall be levied in
any one year under this section, which shall exceed five
mills to the dollar on the property assessed for any or alv
purposes herein specified. The revenues arising from such
markets or other improvements, shall be applied to the liqui-
dation of the cost thereof, and taxes shall be levied and col-
lected to make up the deficiency.
Tax for lighting Fifth. — To levy and collect upon all property in sucli
^^°'^' districts as they shall from time to time create, a tax sufli-
cient to defray one-half of the expenses of erecting lamp
posts and posts, and lighting the streets in such district or
ward, and the tax tlius collected shall be exclusively expen-
ded for such purposes in the district or ward paying the
same.
^iSbo? ^^"^^^^ Sixth. — To require and it is hereby made the duty of
every male resident of the city over the age of twenty-one
years and under the age of fifty years, to labor three days in
each year upon the streets and allej^s of the city; but any
person may, at his option, pay in lieu thereof three dollars:
Provided, the same shall be paid within ten days after noti-
fication by the supervisor or street commissioner. In default
of payment as aforesaid, the sum of four dollars, and costs
CITIES. 321
may be collected, and no set-oft" shall be allowed in any
suit brought to collect the same.
ARTICLE VII.
OK ASSESSMKNTS FOR OPENING STREETS AND ALLEYS.
§ 1. The city council shall have power to open and lay Power to open
out public grounds or squares, streets, alleys and highways, leysf*^^"*^ *^"
and to alter, widen, contract, straighten and discontinue the
same. But no street, alley or highway, or any part thereof,
shall be discontinued or contracted, without the consent, in
writing, of all persons owning land or lots and adjoining said
street, alley or highway. They shall cause all streets, alleys
and highways or public squares or ground, 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 improvement or improvements, and real estate
required to be taken, and the same when opened and made
shall be public highways and squares.
§ 2. Whenever any street, alley, or highway, public -^^on^f ®anci '^^'
ground or square is proposed to be laid out, opened, altered, against open-
widened or straightened by virtue hereof, and the amount '"^^ ^^^'
of compensation can not be agreed upon, the city council
shall give notice of their intention to appropriate and take
the land necessary for the same, to the owner thereof, by
publishing said notice for ten days in the newspaper pub-
lishing the ordinances of the city, at the expiration of which
time they shall choose, three disinterested freeholders,
residing in the city, as commissioners, to ascertain and
assess the damages and recompense due the owners of said
real estate respectively, and at the same time to determine
what persons will be benefited thereby, in proportion as
nearly as may be, to the benefits resulting to each. A
majority of all the aldermen authorized by law to be elected,
shall be necessary to a choice of such commissioners.
§ 3. The commissioners shall be sworn faithfully and Proceedings of
impartially to execute their duties to the best of their abili- to™™M«^"
ties. Before entering upon their duties they shall give at be^em^ ""^
least five days' notice to all persons interested, of the time
and place of their meeting, for the purpose of viewing the
premises and making their assessments, which notice shall
be given personally, if the owners are residents and known,
or by publication in the newspaper publishing the ordinan-
ces of the city, if non-residents, or unknown. They shall
view the premises, and in their discretion receive any legal
evidence, and may, if necessary, adjourn from day to day.
§ 4. If there should be any building standing in whole mease of build-
er in part, upon the land to be taken, the commissioners b"e^ TalT^f^
before proceeding to make their assessment, shall first ^^^^l^^. p"""'
estimate and determine the whole value of such building
to the owner, aside from the value of the land, and the
322 CITIES,
actual injury to him in having such building taken from
him, and secondly the value of such building to him to
remove.
^,'oticetobegiv- § 5. At least five days' notice shall be given to the
®"* owner of such determination vrhen knovpn 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 un-
known, like notice to all persons interested, shall be given
by publication in the newspaper, publishing the ordinances
of the city, such notice shall specify the buildings and the
award of the commissioners and shall be signed by them.
It shall also require the persons interested to appear by a
day to be named therein, or give notice of their election, to
the city council either to accept the award of the commis-
sioners and allow such building to be taken 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 remove such build-
ing he shall have such reasonable time for that purpose as
the city council may direct.
In ease of re- § 6. If the owucr rcfuse to take the building at its
owner °^ ^^^ appraised value to remove, or fails to give notice of his inten-
tion as aforesaid, within the time prescribed, the city coun-
cil shall have power to direct the sale of such building at
public auction for cash, or on credit, giving live days
public notice of the sale. The proceeds of the sale shall be
paid to the owner or deposited to his use.
Valuation^ of § 7. The commissioucrs shall thereupon proceed to
make their assessment and determine and appraise to the
owner the value of the real estate appropriated and the
injury arising from the condemnation thereof, which shall
be awarded to such owner as damages, after makiuir due
allowance therefrom, for any benefit which such owner may
derive from such improvement. In the estimate of dam-
ages to the land, the commissioners shall include the value
of the buildings if the property of the owner of the land
is estimated by them as aforesaid, less the proceeds of the
sale thereof, or if taken by the owner at the value to remove
— in that case they shall only inchidethe difference between
such value, and the whole estimated value of such building.
Duties of ap- § 8. If the damao;e to any person be greater than the
praising com- , ,., . , "... , . ' ,. i , ,i ,i
missioners. bcuefat received, or if the benefits be greater than the
damages, in cither case the commissioners shall strike a
balance and carry the difference forward to another cohimn,
so tliat the assessment may show what amount is to be
received or ])aid by such owners respectively, and the
difference only shall in any case, be collected of or paid to
them,
§ 9. If the lands and buildings belong to different per-
sons, or if the land be subject to lease or mortgage, the
injury done to such ])ersons, respectively may be awarded
real estate.
CITIES. 323
to them by the commissioners, less the benefits resulting to
them respectively, ir6m the improvement.
§ 10. Having ascertained the damages and expenses of Apportionment
such improvement as aforesaid, the commissioners shall °'' ^'^""'^s^s.
thereupon a]iportion and assess the same together with the
costs of the proceedings upon the real estate by them deemed
beiietited in proportion to the benefit resulting from the
impro^'ements as nearly as may be, and shall descrilie the
real estate upon which tlieir assessment may be made. When
com|)leted tite commissioners shall sign and return the same
to the city council, within thirty days of their assessment.
§ 11. The clerk shall give ten days' notice by publi-
cation in the newspaper publishing the ordinances of the
city, that such assessment has been returned, and on a day
to be specified therein, will be confirmed by the city council,
unless objections to the same are made by some person
interested'. Objections shall be heard before the city coun-
cil, and the hearing may be adjourned from day to day.
The city C(»nncil shall have power in their discretion, to
confirm or annul the assessment, or refer the same back to
the commissioners. If annulled all the proceedings shall be
void, if confirmed, an order of confirmation shall l)e entered,
directing a warrant to issue for the collecti(m thereof. If
referred back to the same or other commissioners, they Proceedings of
shall proceed to make their assessment and return the mifs'ionels?^"''
same in like matiner, and give like notices as herein required
in relation to the first, and all parties in interest shall have
the like notices and rights, and the city council shall per-
form like duties and have like powers in relation to any
subsequent determination, as are herein given in relation to
the first.
S 12. The city council shall have power to remove com- Removal of
• ■ I , .• . .• • i. t\ • 1 commissioners
missioners, and from time to time appoint otiiers m place
of such as may be removed, or refuse, neglect, or are unable
from any cause to serve.
^ 13. The laud- required to be taken for the making, Lfind to he
" . • 1 ■ ^ , • 1 . 11 taken for pub-
openmg, widemng, straightening or altering any street, alley lie uses,
or other highway, or public ground or square, shall not be ap-
propriated until the damages awarded therefor, to any owner
thereof, under this act, shall be paid or tendeied to such owner
or his agent, or in case such owner or his agent Cf^n not be
found within the city, deposited to his or their credit in
some safe place of deposit, other than the hands of the treasu-
rer, and then, and not before, such lands may be taken and
appropriated for the purpose required in making such im-
provements, and such streets, alleys, or other highways or
public grounds may be made and opened.
§ 14:. When the whole of any lot or parcel of land E^f^^,;*^,^"- land
or other premises under lease or other contract shall be upon leases
taken for any of the purposes aforesaid, by virtue of this uacts!^'^"^ *'°'^
act, all the covenants, contracts and engagements between
324
CITIES.
landlord and tenant, or any other coutractino- parties
touching the same or any part thereof, shall upon the con-
firmation of the report of the commissioners respeetivoiy,
fully cease and be absolutely discharged.
When oniv a § 15. "When part only of any lot or parcel of land or
fs^^akinl"^ '^"^ Other premises, so under lease or contract, shall be taken
for any of the purposes aforesaid, by virtue of this act, all
the covenants, contracts, agreements and engagements
respecting the same upon the confirmation of the report of the
commissioners, shall be absolutely discharged as to that part
thereot, so taken, but shall remain valid as to the residue
thereof; and the rents, consideration and payments received,
})ayable and to be paid for or in respect to the same shall be so
proportioned as that the part thereof justly and equitably
paj'able for such residue thereof, and no more, shall be paid
or recoverable in any respect of the same.
Owners af land § 16. Any pcrsou interested may appeal from any order
may appfai^J.^ of the city couucil for opening, altering, Avidening or
court. straightening any street, alley or other highway, or public
ground, to the circuit court of Effingham county, by notice
in writing to the mayor, at any time before the expiration of
twenty days after the passage of said final order. In case of
appeal the city council shall make a return within thirty
days after notice thereof, and the court shall at the next term
after return filed in the office of the clerk thereof, hear and
determine such appeals and confirm or amend the proceedings
from which judgment no appeal or writ of error shall lie.
Upon the trial of the appeal all questions involved in said
proceeding, including the amount of damages, shall be open
to investigation by affidavit or oral testimony adduced to
the court, or upon application of the city, or any party.
The amount of damages may be assessed by a jury of said
court, without formal pleadings, and judgment rendered
accordingly, and the burden of the proof shall in all cases be
upon the city, to show that the proceedings are in conformity
with this act.
The owner and § 17. In all cascs whcrc there is no agreement to the
shall' "beacon- Contrary, the owner or landlord and not the tenant or occu-
sidered as the pant, shall bc deemed the person who shall and oufijht to
interested par- ' ' , , ^ , n j- ^i !■
ty, pay and bear, every assessment made tor the expense ot any
public improvement. Where any such assessment shall be
made upon or paid by any person, when by agreement or
by law Ihe same ought to be borne or paid by any other
person, it shall be lawful for one so paying, to sue for and
recover, of the persons bound to pay the same, the amount
so ])aid with interest. Nothing herein contained t^hall in
any way impair or atfect any agreement between landlord
and tenant, or other j^erson, respecting the payment of
such assessment.
Council may § 18. The city couucil may, by ordinance, make any
make changes, d^anges they may deem advisable, in the proceedings here-
CITIES. 325
in prescribed, for ascertaining the damages and injury oc-
casioned to any person or real estate by reason of tiie
condemnation of such real estate, or any real estate upon
which any buildings may be situated, in whole or in part,
and the assessment of such damages and injury upon per-
sonal or real estate benefited by the improvement, and in
all such other respects as experience may suggest.
§ 19, Where any known owner, or other person, prov- in casethe own-
ing an interest in any real estate, residing in the city or ®'" '^ ^ ™°°''"
elsewhere, shall be an infant, and any proceedings shall be
had under this act, the judge of the circuit court of Effingham
county, the county judge of said county, or any judge of
the supreme court, may, upon the application of thecity
council, or such infant or his or her next friend, appoint a
guardian for such infant, taking security from such guardian ♦
for the faitliful execution of such trust, and all notices and
summons required by this act, shall be served on such
guardian.
ARTICLE VIII.
PUBLIC IMPROVEMENTS, AND ASSESSMENTS THEREFOR.
§ 1. The city council shall have power, from time to time, Grading of
to cause any street, alley or other highway to be graded, re- '"■^^''■®^°
graded, levied, paved or planked, and keep the same in
repair, and alter and change the same.
Second — To cause cross and sidewalks, main drains and sidewalks, etc.
sewers and private drains to be constructed and laid, re-laid,
cleansed and repaired, and regulate the same.
Third — To grade, protect, improve and ornament any Public srounds,
public square or other public ground now or hereafter laid
out.
Fourth — The city council shall have power to assess and Assessments for
©oliect, of the owners of lots or real estate, in any street or on owners,
other highway, or any part thereof, in the same manner as
other city taxes, or in such manner as may be prescribed by
ordinance, for the purpose of grading, paving or planking
such streets or other highways.
i^ 2. That for the purpose of establishing a system of sewerage .and
sewerage and drainage, the city council may have power to '^^^'''^^^^
cause the city to be laid off into districts, to be drained by
principal and lateral or tributary sewers and drains, having
reference to a general plan of drainage by sewers and
drains for the whole city, and number and record the same.
§ 3. That whenever a majority of the owners of real Tax for drains
estate within any district shall petition the city council '*°'^^^'^^"-
for the construction of such drains or sewers in such dis-
trict, the city council shall have power to levy and collect a
special tax on the real estate within the district so drained,
and not to exceed five mills to the dollar per annum, on the
assessed value thereof, for the purpose of constructing such
326 CITIES,
sewers and drains, which tax shall be annually levied, as other
city taxes, by law, and shall constitute a lien on the real es-
tate in the district in which it is assessed ; and the city coun-
cil shall provide for the construction and letting of such sew-
ers and drains, or such parts thereof as they shall deem
necessary, and may, from time to time, extend, enlarge or
alter the same, upon such terms and conditions as they shall
deem necessary ; and the city council shall have power to
boriow money for the constrnction of such sewers and
drains, payable in principal and interest, from the special tax
collected in such districts, or the city council may apportion
the estimated cost of such drains and sewers, and collect
No ordinance the samc by a series of annual assessment, but no ordi-
to^be replaie^d uauce Creating such debt, special tax or apportionment shall
iTpaid!'^ "^^^^ ^6 repealed or altered until the debt created thereby shall
have been paid.
Power to order § '^- ^^^ owucrs or occupauts of lots or lauds in front
lots to be filled of, adjoining, or upon whose premises the city council shall
"'^' order and direct sidewalks or private drains, communicating
with any main drain to be constructed, graded, repaired, re-
laid, or cleansed, or shall declare any such land or lots to
be nuisances, and order the same to be graded, tilled up and
drained, or otherwise improved, shall make, grade, repair
or relay such sidewalk, or make, repair or cleanse such pri-
vate drain, or grade, fill up, drain or otherwise improve
such lot or land at their own cost and charges, within the
time and in the manner prescribed by ordinance, or other-
wise, and if not done within the time and in the manner
Power to make prescribed, the city council may cause the same to be con-
and^'^grTunds^, structcd, repaired, relaid, cleansed, filled up, graded, drain-
costtherlo/^^ cd. Or otherwise improved, and assess the expense 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 as in other cases. A suit may also
be maintained against the owner or occupant of such
premises for the recovery of such expenses, as for money
paid and laid out to his use at request.
§ 5. In all cases where expenses may be incurred in the
removal of any nuisance, the city council may cause the
same to be assessed against the real estate chargeable there-
with, in the same manner prescribed in the foregoing sec-
tion. Such expenses may be likewise collected oV the
owner or occupant of such premises, in suit for money ex-
pended to his or their use, and in case the same should not
^brou-bt'!^ ''° 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.
Power to com- § C. The city council shall have power to compel the
klep^^^^thelr*" owncrs of lots or ground fronting or adjoining any private
grounds ciean^ or pubHc alleys to keep the same clean, and if necessary, to
Costa for aba-
ting nuisances
CITIES. 327
dij-ect the same to be paved, planked or otherwise im-
proved, and the cost thereof to be assessed and collected in
the same manner as sidewalk assessments.
ARTICLE IX.
COLLECTION OF TAXES AND ASSESSMENTS.
^ 1. The city council shall have power, by ordinance, to Formofassess-
•Tk 1.1 J- £• .. !• 1. 1 •! ii 1 ment lists.
prescribe tlie lorm ot assessment lists, and prescribe the du-
ties and detine the powers of assessors. They may also
make such rules and give such directions in relation to re-
vising, altering or adding to the lists as they may deem
prt)per and expedient.
§ 2. The annual lists shall be returned by the assessor
on or before the first Monday in August in each year, but
the time may be extended by order of the city council. On
the return thereot the city council shall fix a day for hear-
ing objections thereto, and the clerk shall give notice of the
time and pUice of such hearing by publication in the news-
paper publishing the ordinances of the city, and any person
feeling aggrieved by the assessment of his property, may
appear at the time specified and make his objections. Tiie
city council shall have power to supply omissions in said correcting the
assessment lists, and for tlie purpose of equalizing the same, ffg^f ^™^"°'
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.
§ 3. When the assessment lists have been corrected and
revised the same shall be filed, and an order confirming the
same and directing the warrant to be issued for the collec-
tion thereof, shall be entered by the clerk. The city coun-
cil shall thereupon, by an ordinance or resolution, levy such Apportioning .
sum or sums of money as may be sufficient for the several ^^^'
purposes for whicli taxes are herein authorized to be levied,
not exceeding the authorized per ceutage, particularly
specifying the purposes for which the same are levied:
I*rovided, that a certified copy of such ordinance or
resolution may be filed in the ofiice of the clerk of the
county court, whose duty it shall be to place such taxes
on the collector's book ot the township of Douglas, in said
county. It shall then be collected in tlie manner provided
in the ninth section of an act to incorporate cities and towns,
approved February 10, 1849, for the collection of corporate
taxes.
§ 4. All taxes and assessments, general or special, levied
or assessed by the city council, under this act or any ordi-
nance in pursuance thereof, shall be a lien upon the real es-
tate upon which the same may be imposed, voted or assessed,
for two years from and after the corrected assessment lists
shall be confirmed, or the passage of the order for assess-
ment, and on personal estate from and after the delivery of
328 CITIES.
the warrant for the collection thereof until paid, and no sale
or transfer shall aifect the lien. Any personal property be-
Modes of en- longing to the debtor may be taken and sold for the pay-
paymMt 'of mcnt of taxcs on real or personal estate, and the real -estate
^^^^^ shall be taken for the taxes on personal estate in case of
removal or when the tax can not be made out of the per-
sonal estate, in the same manner as is prescribed by the
laws of this state : Provided, that in case the collection of
any assessments shall be delayed by injunction »*r other
judicial proceedings, the same shall continue a lien u})on
tiie real estate for the period of two years from and after
the iiual disposition of such injunction or other judicial
proceeding.
Clerk to issue § o. The clcrk shall issue a warrant or warrants for the
taxer' ^°'^ taxes, and rule therein separate columns, in which the taxes
levied shall be separately set down opposite the name of the
person of such real estate subject thereto. Each column
shall be headed with the name of the tax therein set down.
Warrant to be g 6. All Warrants issued for the collection of general or
8ea"ed. ^ Special taxes and assessments shall be signed by the mayor
and clerk, with the corporate seal thereto attached, and
shall contain true and perfect copies of the corrected assess-
ment lists upon which the same may be issued. They shall
be delivered to the collector for collection witliin thirty
days after the tiling of the corrected lists, unless fur-
ther time for this purpose shall be given by the city coun-
cil. If not otherwise paid, the collector shall have pow*er
to collect said taxes, with interest and costs, by suit, in
the corporate name, or by distress and sale of personal
property as aforesaid, after a demand and refusal to pay the
same : Provided, a notice published by the collector for ten
days in the newspaper printing the ordinances of the
city shall bo deemed a demand, and a neglect to pay taxes
What shall be for twenty days thereafter shall be deemed a refusal. The
tas&l^toply^^' assessor's lists shall in all cases be evidence on the part ot
the city corporation,
coiioctor shall § 7. All taxcs and assessments, general or special, shall
collect taxes. \^q collccted by the collector in the same^ manner and with
the same power and authority, as is given by law to collect-
ors of county and state taxes. He shall pay the same, as
fast as collected, into the city treasury, and his duty in re-
gard to returning warrants and settling with the city, and
his liability in case of default or misconduct, shall be the
same as prescribed by law : Provided, the city council shall
have power to prescribe the powers, duties and liabilities of
collectors by ordinance.
Delinquent tax § 8, lu cascs of the nou-paymcut of any taxes or assess-
Baies. ments levied or assessed under this act, the premises may be
sold for the payment thereof, at any time within two years
alter the continuation of the assessment by the city council.
Before any such salo an order shall be made by the city coun-
CITIES. 329
cil, which shall be entered at large in the journals or record
kept by the clerk, directing the collector to sell, particularly
describing the delinquent premises to be sold, and the
assessment for which the sale shall be made, a certified
copy of which order, under the corporate seal, signed by
the mayor or presiding officer and clerk, shall be delivered
to the collector, which together with the warrant, shall con-
stitute the process upon which such sale may be made.
§ 0. The collector shall then advertise such premises in Advertising de-
the newspaper publishing the ordinances of the city, for saiesf°
sale at least thirty days from and after the first publication
of such notice, describing the premises by figures or other-
wise, with the name of the owner (when known) and the seve-
ral 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
may be stopped at any time on the payment of the taxes or
assessments and interest with expenses of advertising,
8 10. All sales shall be conducted in the manner reqaired Mannerof mak-
•11 1 1 • ■! 1 11 1 I -u i.1- ing delinquent
by law, but the city council shall have power to prescribe the tax sales,
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 assessments thereon with interest and costs
of sale. Duplicate certificates of sale shall be made and sub-
scribed by the collector, one of which shall be delivered to
the purchaser and the other filed in the office of the clerk,
.which certificate shall contain the name of the purchaser, a
description of the premises sold, the amount of taxes or
assessments, with the interest and expenses, for which the
same was sold, and the time when the right to redeem will
expire. The collector shall be allowed the same fees for
selling as are allowed for similar services, or his fees may
be regulated by ordinance. The clerk shall keep a record
of such sales, which shall be open to public inspection at all
reasonable times.
§ 11, The right of redemption in all cases of 'sales for ^®*^^™P.*i''fj,/'
taxes or assessments shall exist to the owner, his heirs, credi- taxes!"
tors or assigns to the same extent as is allowed by law in
cases of real estate for taxes, on the payment in specie or cur-
rent funds, of double the amount for which the same was sold,
and all taxes accruing subsequent to the sale, with interest.
If -the real estate of any infant^ f ennrie covert or lunatic be Redemption in
sold under this act, the same may be redeemed at any time ^^^^^n^e cov^°t
within one year after such disability is removed. In case etc.
of redemption, the money may be paid to the purchaser, or
for him to the city clerk, who shall make a deposit
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,
Yol. 1—22
sicrned by the mayor or presiding officer of the city council,
and countersigned by the clerk, conveying to said purchaser
the premises so sold and unredeemed as aforesaid. An ab-
stract of all deeds so made and delivered, shall be entered
by the 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.
Deeds for tax § 12, The assignee of any tax certificate of any premi-
^^^^^ ses sold for taxes or assessments under authority of the city
council shall be entitled to receive a deed of such premises
in his own name and with the same effect as thougii he had
been the original purchaser,
la ease of no § 13. If at any sale of real or personal estate for taxes
fan'd*tobe^^^ or assessments, no bid shall be made for any parcel of the
struck ofrto land or any gc>od8 and chattels, the same shall be struck off
^*"^' to the city, and thereupon the city shall receive in the cor-
porate name, a certificate of the sale thereof, and shall be
vested with the same rights as other purchasers at such
sales.
Tax deeds shall | 14, All dceds made to the purchasers of lots or real
evidence. "^"'^ estate sold toi taxcs or assessments by order of the city
council, shall be prima facie evidence in all controversies
and suits in relation to the rights of the purchaser, his heii's
or assigns, to the premises thereby conveyed, of the follow-
ing facts ; Firsts that the land or lot conveyed was subject
to taxation or assessment at the time the same was adver-
tised for sale, and had been listed and assessed in the time
and manner required by law. Second, that the taxes or
assessments were not paid at any time before the sale.
Third, that the land conveyed had not been redeemed from
that sale at the date of the Beed, and shall be conclusive
evidence of the folllowing facts: First, that the land or lots
was advertised for sale tor the length of time and in the
manner required by law. Second, that the land was sold
for taxes or assessments as stated in the deed. Third, that
Manner of Bale, the gratitor in the deed was the purchaser. Tourth, that
the sale was conducted in the manner required by law, and
in all controversies and ' suits involving the title to land
claimed and held under and by virtue of Guch deed, the per-
son or persons claiming title adverse to the title conveyed
by such deed, shall be required to prove, in order to defeat
the said title, either that the land was not subject to taxa-
tion at the date of the sale, that the taxes or assessments
had been paid, that the said land had never been listed or
assessed for taxation or assessment, or that the same had
been redeemed according to the provisions of this act, and
that such redemption was made for the use and benefit of
the persons having the right of redemption under the laws
Title to land; of thc State. But no person shall be permitted to question
the title acquired by the said deed without first showing
that he, she or they, or the person under whom he, she or
331
they claim title, had title to the land at the time of the sale,
or that the title was obtained from the United States or this
state, after the sale, and that all taxes due upon the lands
have been paid by such persons or the persons, under whom
he claims title as aforesaid.
ARTICLE X.
FIRB DEPARTMENT
§ 1. The city council, for the purpose of guarding Powersioguard
against the calamities of tire, shall have power to prohibit ^^'°^ ^''^^'
the erection, placing or repairing of 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 or constructed of tire proof mate-
rials, and to prohibit the re-building or repairing of wooden
buildings within the fire limits, when the same shall have
been damaged to the extent of fifty per cent, of the value
thereof, and to prescribe the manner of ascertaining such
damage ; to declare all dilapidated buildings to be nuisances
and to direct the same to be repaired, removed or abated
in such manner as they shall prescribe and direct; to de-
clare all wooden buildings within the fire limits which they
may deem dangerous to contiguous buildings, or in causing
or promoting tires, to be nuisances, and to require and cause
the same to be removed or abated in such manner as they
shall prescribe.
§ 2. The city council shall have power, Mrst, to regu- power to regu-
late the construction of chimneys and flues so as to admit of chfmneyl/"*^
chimney sweeps or other mode of cleaning, and to compel the
cleaning and sweeping of chimneys.
Second. — To prevent and prohibit the dangerous con- Fire places and
struction and condition of chimneys, flues, tire-places, ^^o^^p'p^s-
stove-pipes, ovens, or any other apparatus 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 con-
sidered dangerous.
Third. — To prevent the deposit of ashes in unsafe places, Regulate depo-
and to appoint one or more officers to enter into buildings s»t of ashes.
and inclosures to examine and discover whether the same
are in a dangerous state, and to cause such as may be dan-
gerous to be put in safe condition.
Fourth. — To require the inhabitants to provide as many power to com-
fire buckets, and in such manner and time, as they shall Eeep wins and
prescribe, and to regulate the use thereof in times of fire ; cisterns.
and to require all owners and occupants of buildings to
construct and keep in repair wells or cisterns upon their
premises.
332 CITIES.
Ji\ftk—To resulatG and prevent the carrying on of
manufactories and works dangerous in promoting or caiis-
To prohibit fir. '"|S-To regukte, prevent and prohibit the nse of lii-e-
work8,etc. ^oi-kg and tire-arms. ,.,.., ^ f
concerning ^^.^^A.-To dircct and prohibit the managemen of
gun powc
houses for the storing of gun powder and other combustible
and dangerous material within the city ; to regulate the keep-
ing and conveving of the same, and use of candlesand other
liAts in stables and other like houses
coneernin^par- "^ Eighth. --Ho rcguhUe and prescnbc the manner and order
titionwaiisand ^^^ ^-^jlj-j^,^ ^f parapet and partition walls, and paitition
^^^Ninth —To compel the owners or occupants of houses or
other buildings to have scuttles in the roofs and stairs and
ladders leading to the same.
Authority io T,;^^A._To^ authorize the mayor, hre-wardens or other
iieep pers^ons ^xr- f g„i^| citv to kccp away ti'om the vicinity oi any
..,.o.fires ^^-^^^^2 or susiVicious pcrsous, and to compel alU>fficers
of the citv, and all other persons, to aid in the extinguish-
ment of fires and in the preservation ot property exposed
to danger thereat, and in preventing goods Irom being
'^"ilLn^A.-And generally to establish such regulations
for the prevention and extinguishment of fires as tlie city
council may deem expedient. ,
Fire engines. « 3 The city couucil may procure fire engines and all
other apparatus used for the extinguishment ot fires and
hive the charge and control of the same, and provide fit
and secure houses and other places for keeping and pre-
serving the same, and shall have power—
^i^^st —To organize fire, hook, hose, axe and ladder com-
panies, and such other companies as may be necessary
Appointment Of ^ Secoud.-l^o appoint during their pleasure, a compe^^
^'■''"^°- number of able and respectable inhabitants ot the city as
firemen, to take the care of and management of the engines
and other apparatus and implements used and provided tor
the extinguishment ot fire.
. . f fi,.. Third.^To prescribe the duties oi firemen, and to make
rer " '""rules and regulations for their government, and to impose
reasonable penalties upon them for a violation ot the same ;
and for incapacity, neglect of duty, or misconduct, to re-
chiefand^ssiH- "' i^LrS^-Thc city council shall have power to appoint a
'amSneeT* ,{J^ ^,,,^ ^ssistaut engineers of the fire department, and they,
with the other firemen, shall take the care and management
of the en.nnes and other apparatus, and implements provided
and used for the extinguishment of fires and their powers
and duties shall be pres'cribed and defined by the city counci .
t 4 The members of the city council and firemen shall,
^ifrtZrfro^' during their terms of service as such, be exempted trom
Hook compa
nies.
CITIES. 333
serving on juries, in the militia, or working on the streets,
or paying any taxes for the same. The name of each fire-
man shall be registered with the clerk of the oity, and the
evidence to entitle him to the exemption provided in this
section shall be the certificate of the clerk under the corpo-
rate seal for the year in which exemption is claimed.
ARTICLE XI.
MISCELLANEOUS PR0YISI0.\3.
I 1, The city council shall, at least ten days before the Report of re-
annual election in each year, cause to bo published in penditu«s. ^^'
the newspaper publishing the ordinances of the city a cor-
rect and full statement of the receipts and expenditures
from the date of the last annual report, together with the
sources from whence 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 concerns of the city.
S 2. The inhabitants of the city of Efiingham are hereby ci-tizens exempt
J. -> r 1" ji'i 1 1 from road labor
exempted trom woricmg upon any road or highway beyond outside the city
the limits of the city, and from paying the ta;x in lieu '"""»•
thereof, without said limits.
§ 3. The street commissioner shall demand the services ^n°e'!'^of°re™ui^'-
of all persons who are required to labor on the streets and fug and per-
alleys of the city, at such time and place, and in such [man- [ab™'*e"te/°^'^
ner] as the city council may direct, or the street commissioner
shall deem necessary. He shall deliver or cause to be deliv-
ered or left at the usual place of abode or business of any
person so required to labor, as aforesaid, a written or printed
notice, or partly v^ritten or partly printed notice, in such
form as the city council may prescribe, which notice shall
be given at least five days previous to the first day on
which he or they are required to labor, requiring such
person to appear at such time and place as may be designa-
ted for the purpose of laboring upon the streets and alleys.
But a similar notice published for ten days in the newspaper Notice,
publishing the ordinances of the city by the street commis-
sioner, or posted in three of the public places of the ward
or district, shall be deemed a sufficient notice to require all
persons to appear and labor as aforesaid. Upon the neglect Neglect to ap-
of any person to appear and fabor, as aforesaid, or to pay p^**^ ^""^ ^"^<"" •
the tax, the collector shall collect from each person, in the
same manner as other taxes, the sum of three dollars, with
his commission for collecting the same added thereto, or the
same may be recovered by suit with costs, as in other cases.
§ 4. The city council shall have power to establish. Names of
make and declare boundaries, and names of streets and «'"®'^'
alleys.
334
Fines and pen- § 5. All fines, forfeitiires and penalties collected for
the^city treil oftences Committed within said city, shall be paid into the
""■y treasury of said city by the ofiicers collecting the same, and
all fines and forfeitures collected of any citizen of said city,
for any conviction in the circuit court, shall be paid over in
like manner.
Additions to the § 6. The city council shall have power to require that
'^'*^' all additions hereafter made to said city, or all lands adjoin-
ing or within the same ^laid out into blocks or lots, shall be
so laid out and platted as to correspond and conform to the
regular blocks, streets and alleys already laid out and estab-
lished within the city.
Money to be § 7, The city couucil shall, in all expenditures fur pur-
expended. pQggg stnctly local, cxpcud annually in the several natural
divisions of"the city, such proportion as near as may be of
the whole expenditures for like purposes during the same
period as will correspond to the several sumscontrihnted by
each division to the general fund ; street taxes shall be ex-
pended in the several wards or districts where the persons
paying the same may respectively reside.
Remission of § 8. Neither the city council or mayor shall remit any
^°®^' fine or penalty imposed upon any person, for a violation of
any laws or ordinances of said city, or release from confine-
ment, 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 juiisdiction, to
abate and remove nuisances within its jurisdiction, by in-
dictment or otherwise.
Vote of city § 9. No votc of the city council shall be reconsidered
res'dndrd^"'' or rescinded at a special meeting, unless the meeting be
called in whole or in part for that purpose, and the alder-
men be so notified, and unless at such special meeting,
there shall be present as large a number of aldermen as
as was present when the vote was taken.
Publication of § 10. Every ordinance, regulation and by-law imposing
ordinance. ^^^^ penalty, fine, imprisonment, or forfeiture, for any viola-
tion of its provisions, shall, after the passage thereof, be ])ub-
lished in one weekly issue of the newspaper publishing the
ordinances of the city ; and proof of said publication by the
afiidavit 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 publica-
tion and promulgation of such ordinance, regulation or by-
law, in all courts and places.
Actions for re- §11. AH actious brouglit to recover any penalty or for-
aule^s.^ "^"^ ^*"" i'eiture incurred under this act or any ordinance, by-law, or
police regulation, made in pursuance thereof, shall be
brought in the corporate name. It shall be lawful to
declare generally in debt for such penalty, fine, or forfeit-
ure, stating the clause of this act, or the by-law or ordinances
CITIES. 335
under which the penalty or forfeiture is claimed, and to give .
the special matter in evidence under it.
§ 12. In all prosecutions for the violation of any ordi- ^'"'^P''°''«sato
r 1 .• , 1 11 be a summons
nance, by-law, or other regulation, the nrst process shall
be a summons, unless oath or affirmation be made for a
warrant, as in other cases.
§ 13. Execution may be issued immediately on rendi- ^^^'^^'^''^^ ^^
tion of judgment. If the defendant I as no goods, chattels, ^^ ^men .
or real estate, within the county of Effingham, whereof the
judgment can be collected, the execution shall require the
defendant to be confined in the county jail, or work-house,
or city prison, for a term not exceeding six months, in the
discretion of the court rendering judgment; and all persons
who may be committed under this section shall be confined
one day for each one dollar of such judgment and costs; all
expenses incurred in any execution for the recovery of any
tine, penalty or forfeiture, when collected, shall be paid into
the city treasury.
§ li. No person shall be an incompetent judge, justice, ^cSns"*'^ in
witness or iuror bv reason of his being an inhabitant or f*®''^., ^^®''®
freeholder in the city oi Effingham m any action or proceed- party.
iug in which said city may be a party in interest.
§ 15. All ordinances, regulations and resolutions, now ^tlf be vaiid°*^^^
in force in the town of Effingham, and not inconsistent with
this act, shall remain in force under this act until altered,
moditied or repealed by the city council after this act shall
take effect; and all said ordinances, regulations and resolu-
tions, and all acts, proceedings, matters and things of any
and every name and notice whatsoever done, or provided to
be done by the town trustees of Effingham, before this act
shall take effect, are hereby made and declared to be valid,
§ 16. All rights, actions, fines, penalties and forfeitures Fines and pen-
in suits or otherwise, which have heretofore accrued to said
town, at any time, shall be vested in and prosecuted by the
corporation hereby created.
S 17. All property, real, personal, or mixed, belonging to Real property
4.1 i. L' T^a2 "^ 1 • 1 1 i. 1 • ..1 ^ ? vested m the
tne town or Effingham, is hereb}'' vested m the corporation corporation,
created by this act, and the officers of said corporation now
in office, shall respectively continue in the same until supen-
ded in conformity to the provisions hereof, but shall be
governed by this act, which shall take effect from and after
its passage.
§ IS. All ordinances of the city, when printed and pub- ^Jh^H^be^e^^i-
lished by authority of the city council, shall be received in dence
all courts and places without further proof.
§ 19. The style of all ordinances shall be: "Be it ^^y'^Vs! *"*^''
ordained by the city council of the city of Effingham."
§ 20. This act shall not invalidate any legal act done by ^°^^^ '**'*^
the town trustees of Effingham, or by its officers, nor divest
their ^successors under this act of any rights of property or
336 CITIES.
otherwise, or liabilities which may have accrued to or been
created by said corporation prior to the passage of this act.
Power to make § 21. All officers of the city created conservators of the
confine prison" pcacc by this act, or authorized by any ordinance, shall have
®''- power to arrest or cause to be arrested, with or without pro-
cess, all persons who shall break the peace, ©r threaten to
break the peace, or be found violating any ordinance of this
city, commit for examination, and if necessary, to detain snch
persons in custody over night, or the Sabbath, in the watch
house, or other safe place, or until they can be brought
before a magistrate, and shall have and exercise such other
powers as conservators of the peace as the city council may
prescribe.
Digest of ordi- § 22. There shall be a digest of the ordinances of the
n^noes. ^j^.^ whicli are of a general nature, published within five
years after the passage of this act, and a like digest within
every period of five years thereafter.
§ 23. The mayor shall be, ex officio^ a member of the
board of supervisors of said county, and entitled to the
same power and compensation as other members of said
board.
Police justice^ § 24. That the present police justice of the town of
*"'• Effingham shall be and remain the police justice of the city
of Effingham, until the regular election for city officers, on
the first Monday of April, 1869, when the present incum-
bent's term of office expires, when there shall be elected a
police justice for said city, who shall hold his office for four
years and until his successor shall be elected and qualified,
and every four years thereafter there shall be elected a
pohce justice for said city, who shall be qualified in the
same manner and have the same jurisdiction, and be sub-
ject to the same liabilities as other justices of the peace of
said state.
Approved February 15, 1867.
In force Feb. 15 AN ACT to incorporate the city of Jacksonville, in the county of Morgan,
^^^^- and State of Illinois.
ARTICLE I.
OF nOlTNDARIKS, GENERAL POWERS AND WARDS.
Section 1. Be it enacted by the People of the State of
Illinois^ represented m the General Assembly, That the
noorporatioD, district of country in Morgan county, and the state of Illi-
nois, embraced within the present corporate limits (Tf the
CITIES. 387
town of Jacksonville, including an extension of one quarter
mile on the east, one quarter mile on the south, and one
quarter mile on the west of said corporate limits, and the
present boundary line of said corporation on the north, run-
ning east and west from the north-east corner of said exten-
sion to the north-west corner of the same, with such other
additions of land as may be incorporated with an 1 come
under the jurisdiction oi' said city, as hereinafter provided,^
is hereby created into a city, by the name of the City of
Jacksonville,
§ 2. The inhabitants of the said city shall be a corpora- corporation.
tion by the name of " City of Jacksonville," and by that
name shall 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 benefit of the city.
§ 3. The city of Jacksonville shall be divided into four wards.
(4) wards, the boundaries of which shall be a follows : The
first ward shall include all that section of said city embraced
within the said corporate limits of said city, and shall be boun-
ded and described as follows, to-wit: Commencing at the cen- First ward.
tre of the public square, and on the line of east State street,
and running thence on a straight line with the centre of
said street to the eastern boundary of said city, and thence
following the boundary line of said city, north and west to
the centre of north Main street, and thence south on a
straight line to the place of beginning.
The boundaries of the second ward shall be as follows, second ward.
to-wit: Beginning at the point where the boundary of
the first ward commences, and thence running west on a
straight line with the centre of west State street to the
boundary limits of said city on the west, and thence run-
ning with the boundary line of said city, north and east, to
the centre of north Main street, and from thence south with
the said line of north Main street, to the place of beginning.
The third ward shall include all that section of said city Third ward,
commencing at the beginning of the boundary of the said
first ward, and running thence south on the centre of south
Main street (which is commonly known as St. Louis street)
to the southern boundary of said city, and running thence,
east and north, with the boundary of said city, to the
centre of east State street, and from thence along the centre
of said street in a straight line therewith, west to the place
of beginning.
The fourth ward shall' include all that section of the said Fourth ward.
city, commencing at the beginning points of the boundaries
aforesaid, and running thence west on a straight line with
the centre of west State street to the boundary of the said
338
city, and thence running with the said boundary, south and
east, to the centre of said south Main street, and from tlience
nortli to the place of beginning.
Boundaries may The bouudarics ot' Said wurds may be, by the city council,
changed from time to time ; and the city council may create
additional wards, as occasion may require, and lix the
boundaries of the same.
be changed.
ARTICLE II.
OFFICERS THEIR ELECTION AND APPOINTMENTS.
City conncil.
City officers.
Term of office,
Appointive city
ofticere.
Officers who fill
vacancies.
Aldermen.
No quorum.
Removal from
the ward.
Faihira to elect
Bemoval from
office.
§ 1. The .municipal government of the city shall consist
of a city council, to be composed of the mayor and one
alderman from each ward. The other othcers of the corpo-
ration shall be as follows : a city clerk, a city mai'shal, a
city treasurer, a city attorney, a city collector and assessor,
a city street commissioner and a city Burveyoi-, who, in
addition to the duties prescribed by this act, shall perform
such other duties as may be pi'cscribed by ordinance,
§ 2. All othcers to be elected or appointed under this
act, except such as are otherwise provided, shall hold their
otlices one year and until the election or appointment and
qualification of their successors, respectively. All other
officers mentioned in this act, and not otherwise specially
provided for, shall be appointed by the city council by bal-
lot, on the first Monday of i^pril in each year, or as soon
thereafter as may be ; but the city council may specially
authorize the appointment of watchmen and policemen by
the mayor, to continue in office during the pleasure of the
city council. All officers elected to till vacancies, except
where specially provided for, shall hold for the unexpired
term only, and when appointed to till vacancies, until the
next genera] election, or until the election or appointment
and qualitication of their successors.
§ 3. The several wards in the city shall be represented
in the city council by one alderman from each ward, who
shall be a bona fide resident tliereof. The aldermen shall
hold their offices for one year from and after their election,
and until the election and qualification of their successors.
§ 4. If from any cause there shall not be a quorum of
aldermen, the mayor, or on the contingency of his inability
to act, the city clerk, shall appoint the time and place for
holding a special election to supply such vacancies, and to ap-
point 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 and officer herein required to be elected,
the city council shall forthwith order a new election.
§ 5. Any officer elected or appointed to any office, may
be removed from such office by a vote of two-thirds of all
CITIES. 339
aldermen anthorized by law to be elected ; but no officer
sliall be removed except for good cause, nor unless ^'"st ^^^^^^ ^^ ^^^^^
furiiished with the charges against him, and heard in his indefense!'''^
defense.
§ (;i. Whenever any vacancy shall occur in the office of Vacancy,
mayor or alderman, such vacancy shall be filled by a new
election, and the city council shall order sucii special elec-
tions within ten (10) days after the happening of such
vacancy ; any vacancy occurring in any other office may be
filled by appointment's by the city council.
§ 7. " All citizens of the United States, qualified to vote Eligibility;
at any election held under this act, shall be qualified to hold
any office created by this act.
ARTICLE III.
OF ELECTIONS.
§ 1. A general election shall be held in each ward of General election
the city on the first Monday of April next, 1867; the time
in said day and the place of such election in each ward shall
be determined by the board of trustees of the town of Jack-
sonville, who shall give twenty (2U) days' notice thereof,
posted in two public places in every ward ; and they shall j^^„^^ ^^ gi^^.
also appoint three (3) judges of election for each ward; at tion.
such election shall be chosen one mayor by the city at large,
and one alderman in each ward — the alderman to be voted
for only by the residents of the M-ard which he is elected to
represent, a city clerk, a city marshal, a city collector and
assessor, and a city street conmiissioner. Upon each and Election of otB-
every first Monday in April thereafter, there shall be held cers.
a general election for all the officers required to be elected
by this act.
§ 2. The manner of conductino; and voting at the elec- Manner ofcon-
j^« 1 1 1 1 ,1 . , 1 *• ,1 ^ ii 1 ducting elec-
tions held under this act, and contesting the same, the keep- uons.
ing of the poll list, 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 for state elections;
Provided^ the city council shall liave power to appoint the Proviso,
judges thereof; the voting shall be by ballot, and the jud-
ges of election shall take the same oath, and shall have the
same power and authority as the judges of state elections.
After the closing of the polls, the ballots shall be counted. Returns of eiec-
08 provided by law, and the returns shall be made sealed ^'°°-
to the city clerk within two (2) davs after the election, and
thereupon the city council shall meet and canvass thesam.e,
and declare the result of the said election. The person
having the highest number of votes for any ofiice shall be
declared elected, and whenever there shall be a tie vote, a Tie vote.
new election shall be ordered by the city council. It shall Notice to per-
be the duty of the city clerk to notify all persons elected or ap- """^ ® ® ® '
34:0 orriEs.
pointed to office of their election or appointment, and unless
such persons shall quality within ten (10) days after such
Retiirng of the noticc, the officc sliall becouie vacant. At the first election
held on the lirst Monday of Aprd next, the returns shall be
made to the clerk of the board of trustees of the town of
■Jacksonville, and the president and trustees thereof, shall
meet and canvass the same, and declare the result of the
election.
Who entitled to §3. No persoo shall be entitled to vote at any election
'°'^®' under this act, who is not entitled to vote at a state election,
and who has not been a resident of said city at least three
(3) months next preceding said election ; and he shall have
been, moreover, an actual resident of the ward in which he
votes for ten (10) days previous to such election, and the
voter shall be deemed a resident of the ward in which he is
accustomed to lodge.
ARTICLE IV.
POWER AND DUTIES OF OFFICERS.
Oath Of office. § 1. Every person cliosen or appointed to executive,
judicial or administrative otiice under this act, shall, before
he enters upon the duties of his office, take and subscribe
the oath ot office prescribed in the constitution of this state,
and tile the same, duly certified by the officer before whom
it was taken, with the city clerk.
Mayor. _ § 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 in this city, and that all other officers of the city
discharge their respective duties, and he shall cause negli-
gence and positive violation of duty to be prosecuted and
punished. He shall, from time to time, give the city coun-
cil such information and recommend such measures as he
may deem advantageous to the city.
Posse. § 3. He is hereby authorized to call on any and all male
inhabitants of the city to aid in enforcing the laws of the
state or the ordinances of the city.
Powers of the § 4. He sliall havc power, whenever he may deem it
'""y^'- necessary, to require of any of the officers of the city an
exhibit of all Ins books and papers, and he shall have power
to execute all acts that may be required of him by this act
or any ordinance made in pursuance thei-eof.
Salary. § 5. He sliall receive such salary as may be fixed by
ordinance.
Approval of § 6. All Ordinances and resolutions shall, before they
ordinances, ^j^j,^ effect, be placed in the office of the city clerk and no-
tice thereof given to the nuiyor; and, if the mayor approve
thereof, he shall sign the same, and such as he shall not
approve, he shall return to the city council with his objec-
Mayor's veto, tious thcrcto. Upon the return of any ordinance or resolu-
CITIES. 341
tion to the council, by the mayor, the vote by which the
same was passed shall be reconsidered, and if, after such re-
consideration, a majority of all the members elected to the
city council shall agree by the ayes and noes which shall be Ayes and noes,
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 pej-iod than three {3)
days alter the same shall be placed in the clerk's office and
notice as aforesaid, the same shall go into effect : Provided, Proviso,
that a vote passing a resolution or ordinance over the veto of
the mayor, shall not be taken within one week after the first
passage of the restdution or ordinance; he shall, eao^c^'o, have Mayor may ad-
power to administer any oath required to be taken by this
act, and certify the same under the seal of the city.
§ T. In case of vacancy in the office of mayor, or of his Acting mayor.
being unable to perform the duties of his office, the city
council shall appoint one of its members, by ballot, to pre-
side over their meetings, whose official designation shall be
^'■Acting Jlayor,^'' and the alderman so appointed shall be
vested with all the powers and perform all the duties of
mayor until the mayor shall resume his office or the vacancy vacancy,
shall be filled by a new election.
§ 8. The members of the city council shall he, ex ojwio, Fire-wardens,
fire-wardens and conservators of the peace during their term
of office.
§ 9. The clerk shall hold his office for one year ; he shall city cierk.
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 journal, and
safely keep all papers duly filed in his office, and transcripts
from the journals of the proceedings of the city council, and
copies of documents certified by him, under the corporate
seal, shall be evidence in all courts, in like manner as if the
originals were produced. He shall likewise draw all war- "
rants 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 re-
ceipts and expenditures in such manner as the city council
shall direct, and he shall have power to administer any oath oaths.
required to be taken by this act.
§ 10. It shall be the duty of the city attorney to per- Attorney.
form all professional duties 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.
§ 11. The city collector and assessor shall collect all collector and
taxes and assessments which may be levied by the city *^*®"°''-
council ; he shall collect all moneys belonging to the city,
and shall pay the same over into the hands of the treasurer,
keeping an accurate account of the same.
342
Treasurer.
Treasury war
rants.
Annual state-
ment.
City marshal.
Fees.
Bond.
Process.
Asse.asor and
collector.
Powers.
Duties of street
commi.ssioner.
Sidewalks.
Accounta.
CITIES.
^ § 12. The citj treasurer shall receive all moneys belonc^-
ino- to the city, and shall keep an accurate account of all
receipts and expenditures, in such manner as the city coun-
cil shall direct, and no moneys shall be drawn from the
treasury except in pursuance of an order by the city coun-
cil, and be drawn by a treasury warrant sii^ned by the mayor
or the presiding otificer of the city council, and counter-
signed by the citj? clerk. The treasurer shall exhibit to the
city council at least thirty (30) days before the annual elec-
tion of each year, and oftener if required, a full and detailed
account of ail receipts and expenditures since the date of
the last annual report, and also the state of the treasury
which shall be filed in the office of the clerk, and publisht;d
in some newspaper of said city at least ten (10) days before
the election. "^
§ 13. The city marshal shall hold his office for one year
and he shall not be eligible to said office for more than
three (3) years m succession, and shall perform such duties
as shall be prescribed by the city council for the preserva-
tion ot the public peace, the collection of license money
fines or otherwise ; he shall possess the power and authorih'
of constable, at common law and under the statute of the
state, and receive the fees, but shall not serve civil process
without first entering into bond as such constable, to be ap-
proved 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 any ordinance in pur-
suance thereof. * ^
. _ § W. The assessor and collector shall perform all duties
in relation to the assessing of property, for the purpose of
levying the taxes imposed by tlie city council. In the per-
formance of his duties he shall have the same powers as are
or inay be given by law to county or town assessors, and be
subject to the same liabilities; on completing the assessment
list, and having revised and corrected the same, he shall
sign and return them to the city council.
§ 15. The street commissioner shall attend all local im-
provements in the city, and carry into effect all orders of
the city council in relation to the same. It shall be his duty
to superintend and supervise the opening of streets and
alleys, and the grading and improving thereof, and the con-
struction and_ repairing of bridges, culverts and sewers: to
oruer the laying and relaying and repairing of sidewalks;
to give notice to the owners of property adjoining such
sidewalks, when required, and upon a failure of any person
to comply with such notice, to cause the same to be laid or
relaid or repaired, subject to the provisions hereinafter
made ; to make plans and estimates of any work ordered
in relation to streets and alleys, culverts or sewers: to keep
full and acccurate accounts, in appropriate books, of all ap-
propriations made for work pertaining to his office, and of
all disbursements thereof, specifying to whom made and on
CITIES. 343
what account ; and he shall render monthly accounts there-
of to the City council.
§ 16. The city council shall have power, subject to the Duties and
expressed provisions of this act, from time to time, to re- ^f o^cers"*"^
quire further and other duties of all officers whose duties
are herein prescribed, and prescribe the power and duties
of all officers elected or appointed to any office under this
act, whose duties are not herein specified, and fix the com-
pensation of all officers. They may also require all officers,
severally, before they enter upon the duties of their respect-
ive office, to execute a bond to the city of Jacksonville, in
such sum and with such securities as they may approve,
conditioned that they shall faithfully execute the duties of
their respective offices, and account for and pay over and
deliver all money and other property received by them,
which bond, with the approval of the city council certified
thereon by the clerk, shall be tiled in his office and remain
for the benefit of any person aggrieved by the official act of
the officer.
§ 17. The city council shall also have power to appoint city engineer or
a city engineer or surveyor, and a city treasurer, and the si^ryeyor.
necessary number of policemen, and regulate the duties and
fix the pay of each.
§ 18. All officers elected or appointed shall be comrais- commission of
sioned under the corporate seal, signed by the mayor or ^^^^s-
presiding officer of the city council and clerk.
ARTICLE V.
OF THE LEGISLATIVE POWERS OF THE CITY COUXCIL ITS GENERAL POWER AND DUTIES.
§ 1. The mayor and aldermen shall constitute the city city council,
council, they shall meet and organize the first Monday after
their election. The mayor, when present, shall preside at
all meetings of the city council, and shall have only a cast- Mayor shaii
ing vote; in his absence any one of the aldermen may be have easting
appointed to preside. A majority of the persons elected Quorum,
aldermen shall constitute a quorum.
§ 2. The city council shall hold twelve (12) stated meet- stated meet-
ings, one in each month during the year ; and the mayor '°°^
or any two aldermen may call special meetings of the coun-
cil, notice to be served personally, or left at their usual
place of abode. Petitions and remonstrances may be pre- Petitions,
sented to the city council, and they shall determine the rule
of their own proceedings, and shall have power to compel
the attendance of absent members.
§ 3. The city council shall have control of the finances finances.
and of the property, real, personal and mixed, belonging to
the corporation, and shall likewise have power within the
jurisdiction of the city by ordinance.
344: CITIES.
Borrow money. First — To borrow monej on a credit of the city and issue
bonds of the city therefoi-, but no bond shall be issued hav-
ing more than five years to run, and there shall nevei 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, unless a majority of the voters of said city
authorize them so to do, at an election to be held for that
purpose at such time, and conducted as the city council
may direct. It shall be the duty of the city council to pro-
^ndebtednes's*.^ vide either by taxation or by the issue of bonds, for the
payment of all claims against the citj^, as rapidly as such
'^trealur*^'^ *h® claims fall due. All orders on the treasury shall be made
payable on demand, and shall draw no interest. No appro-
priation shall be made for any public building or other
improvements out of the general fund of the city, except
in such cases as wliere the city council shall not have
Special taxation authority to providc for the same, by special taxation levied
on the property benelited thereby, or where the city coun-
cil shall by resolution declare that it will be unjust aiid
unequitable that the property 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
Pubiioimprove- appropriation shall be made for any public improvement
ments, until the expense of such improvement shall be estimated
by the proper officers, and unless it shall be found by such
estimate and a statement of the estimated cost of all other
public works in progress and other probable expenses of the
city, that such works can be completed within due time by
the ordinary surplus revenue of the city and the issue of
such bonds as the city council is by law authorized to issue.
Appropriationp. Second — To appropriate moneys, and to provide for the
payment of the debts and expenses of the city.
Heaitii of city. Third. — To make regulations to prevent the introduction
of contagious diseases into the city, to make quarantine
laws for that purpose, and to enforce them within the city
and within live miles thereof.
N«iwn«es. 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 imprisonment; to define and declare what
shall deemed nuisances, and authorize and direct the sum-
Abatement, niary abatement thereof.
Pumps and Fifth. — To providc the city with water, to make, regulate
and establish public wells, pumps and cisterns, by drains,
hydrants and reservoirs in the streets within the city, or
be^'ond the limits thereof, for the extinguishment of fire,
and for the convenience of the inhabitants, and manufac-
turing interests and to prevent the unnecessary v.-aste of
water.
streets, alleys Sixth. — To liavc the cxclusive control and power over
and highways, ^.j^^ etrcets, alleys and highways of the city, and to abate
CITIES. 34:5
and remove any encroaclmients, or obstructions thereon.
To open, alter, abolish, widen, extend, straighten, establish,
regulate, grade, clean or otherwise improve any street oi-
alley, anywhere within the city limits, and to put drains or
sewers therein, and to prevent the eneunibering thereof in
any manner, and protect the same from aiiy encroachments
or injury.
Seve7ith.—To establish, erect, construct, regulate, and Byd^^es- ««^
keep in repair, bridges, culverts and sewers, sidewalks and
crossways, and regulate the construction and use of the
same and to abate any obstruction or encroachment thereof ;
to establish, alter, change and straighten the channel of
water courses and natural drains, to sewer the same or to Drainage,
wall them up and cover them over, and to prevent, regulate
and control the tilling up, altering or changing the channels
thereof by private persons.
Eiglith. — To provide for the lighting ot the streets, and Lamps, etc.
erecting lamp posts, and lamps there in, and regulate the
lighting thereof, and from time to time correct, alter or
extend lamp districts ; to exclusively regulate, direct and
control the laying and repairing of gas pipes, and gas fix-
tures in the streets, alleys and sidewalks.
J^finth. — To establish markets and market houses and Markets,
other public buildings of the city, and provide for the gov-
ernment and regulations thereof, and their erection and
location.
Tenth. — To provide for the inclosing, regulating and Public grounds,
improving all public grounds and cemeteries belonging to
the city, and to regulate the planting and preserving of
, ornamental and shade trees in the streets and other public
grounds.
Eleventh. — To erect or establish one or more hospitals or Hospitals,
dispensaries, and control and regulate the same.
' Twelfth.— To prevent the encumbering of the streets, °^^*'JJ^,"°" "^
alleys, sidewalks or public grounds with carriages, wagons,
carts, wheel-barrows, boxes, lumber, timber, fire wood, posts,
awnings, signs or any other substance or material whatever ;
to compel all persons to keep the snow, ice, dirt and other
rubbish from the sidewalk and street gutters in front of the
premises occupied by them.
Thirteenth. — To license, tax and regulate merchants, Licenses,
commission merchants and all venders, dealers and traders
in any goods, wares, merchandize, groceries or liquids, and
inn-keepers, brokers, money brokers, insurance brokers,
and auctioneers, and to impose duties upon the sale of goods
at auction ; to license, tax, regulate and prohibit hawkers,^
peddlers, pawnbrokers, grocery keepers and keepers of
ordinaries, theatricals or other exhibitions, shows and
amusements.
Fourteenth.— To license, tax, regulate and suppress hack- Ha°^*^ ^nd
men, draymen, omnibus drivers, porters, and all others
Vol. 1—23
346 CITIES.
pursuing like occupations with or without vehicles, and
prescribe their compensation, and to regulate and restrain
runners for cars, stages and public houses.
Disorderly Fifteenth. — To prohibit and suppress disorderly houses,
houses. bawdy houses, gaming and gambling houses, lotteries, and
all fraudulent devices and practices, and all playing of
cards, dice, and other games of chance, with or without
betting, and to authorize the destruction of all instruments
and devices used for the purpose of gambling.
Charges for Sixteenth. — To authorize the proper officer of the city, to
hcense. grant and issue licenses and to direct the manner of issuing
and registering of the same, and the fees and charges to be
paid therefor. No license shall be granted for more than
one year, and no license sh: 11 be granted for more than
thirty (30) days, except with power reserved to the city
council to revoke such license at pleasure. The city coun-
cil shall have power to regulate, license, tax, prohil)it and
Liquor licenses, pnnish the Sale of intoxicating, alcoholic or malt liquors,
wine, cider, beer, soda water, or all drinks whatever.
Forestalling, etc Seventeenth. — To prevent, restrain and punish forestalling
and regrating; to regulate the inspection and vending of
fresh meats, ' poultry ^md vegetables, of butter, lard and
other provisions, and the place and manner of selling fish
and inspecting the same.
Butchers. Eighteenth. — To regluate, license and prohibit the butch-
ers, and to revoke their license for malconduct in the course
of trade.
Weights and Nluteenth. — 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 merchandize or property of
any description, which is sold by weights or measures, to
cause their measures and weights to be tested and sealed by
the city surveyor, and to be subject to his inspection. The
standard of such weights and measures shall be conform-
able to those established by law and ordinance.
Twentieth. — To regulate and provide for the inspecting
and measuring of lumber, shingles, timber, posts, staves,
heading, and 'all kinds of building material, and for the
measuring of all kinds of mechanical work, and to appoint
one or more inspectors or measurers.
Twenty -first. — To provide for the inspection and weigh-
ing of hay, lime and stone coal, and the place and manner
ofselling the same ; to regulate the measurement of fire-
wood, charcoal and other fuel to be sold or used within the
city, and the place and manner of selling the same.
Twenty -second. — To regulate the inspection of beet, pork,
flour, meal, and other provisions, whisky and other liquors,
to be sold in barrels, hogsheads and other vessels or pack-
ages; to appoint weighers, gangers and inspectors and pre-
scribe their duties and regulate their fees ; Provided., that
measures.
Building mato-
Forage and fuel.
Staples.
CITIES. 347
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
request of the owner thereof or his agent.
Twenty third. — To regulate the weight and quality of Bread,
bread to be sold or issued within the city, and the inspection
thereof.
Twenty-fourth. — To regulate the size and quality of bricks Regulating
to be sold or used within the city, and the inspection thereof. '^"'='^^-
Iwenty-fifth. — To prevent and suppress any riot, affray,
noise, disturbance or disorderly conduct or assembly in any Maintain the
public or private place within the city. public peace.
'Twenty-sixth. — To prohibit, prevent and suppress horse
racing, immoderate driving in the city, and to compel To prevent ra-
the stopping thereof by any person so authorized ; ' to drifing"*^ '^^^
prohibit and punish the abuse of animals ; to compel per-
sons to fasten and well secure their horses, or other ani-
mals attached to vehicles, or otherwise, while standing or
remaining in the streets.
Twenty-seventh. — To restrain and punish vagrants, men-
dicants, street beggars and prostitutes, and provide for vagrants, proa-
the arrest and punishment of persons found intoxicated in ^^'"'^^' ^'^'^'
the streets or public places.
Twenty-eighth. — To regulate, restrain or prohibit the run-
ning at large of horses, cattle, asses, mules, swine, sheep, Prevent the
goats, and geese, and to authorize the distraining, im- iTrge'of ''ani-
pounding and sale of the same for the costs of the pro- '"^'^•
ceedings and the penalty incurred, and to impose penalties
on the owners thereof tor a 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 penal-
ties on the owners or keepers thereof.
Twenty-ninth. — To prohibit and restrain the rolling of
hoops, flying of kites, or any other amusements or practices To preyent:fly-
tending to annoy persons passing on the streets or side- olfieranloylng
walks, or to frighten horses or teams ; to restrain and pro- P'''»°''<^^^-
hibit the ringing of bells, blowing of horns or bugles, crying
of goods, and all other noises, performances 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.
Thirtieth. — To abate all nuisances which may injure or
affect the public morals, health or comfort in any manner To abate nuis-
they may deem expedient. «t^<i&i.
Thirty-first. — To do all acts and make all regulations
which may be necessary or expedient for the protection and Health.
promotion of health and the prevention and suppression of
disease.
Thirty-second. — To compel the owners of any grocery, Cleanliness.
cellar, soap or tallow chandler, or blacksmith shop, tan-
34:8 CITIES.
nery, stable, privy, sewer or any other imwliolesome nuis-
ance, house or place ; to cleanse, remove or abate the same,
as may be necessary for the health, comfort and convenience
of the inhabitants.
Odoriferous es- Tldrtij-tliird. — To direct the location and regulate the
tabiishments. management of and construction of breweries, tanneries,
blacksmith shops, founderies, livery stables and packing
houses, and common horse or cow stables, and pig sties ;
to direct the location and regulate the management and
construction of and restrain, abate and prohibit within the
city, and to the distance of one mile from the limits thereof,
distilleries, slaughtering establishments, establishments for
steaming or rendering lard, tallow, offal and such other
substances as may be rendered, and railroad, cattle, hog
or stock pens or inclosures for the shipment of stock, and
all other places and establishments where any nauseous,
offensive or unwholesome business may be carried on.
Eeturns of Thirty -fouHk. — To regulate and provide for the burial of
deaths and ,, , ^ "^ ^ ^ivi ji •
births. the dead; to establish and keep m repair one or more ceme-
teries ; to regulate the registration of births and deaths ;
to direct the returning and keeping of bills of mortality,
and to impose penalties on physicians and sextons, and all
other persons, for any default in the premises.
City census. Tkirty-fijth. — To provide for the taking an enumeration
of the inhabitants of the city.
Work houae, or Thivtysixth. — To crcct and establish a work house or
rectfon.°^ *'°^' house of coiTectiou, make all necessary regulations therefor,
and appoint all necessary keepers or assistants in such work
houses or houses of correction, in which may be confined all
vagrants, stragglers, idle and disorderly persons, who may
be committed thereto by any proper ofticer, and all persons
' sentenced by any criminal court or magistrate's court in and
Public offend- for the city, for any assault, rout, riot, affray, assault and
^^'^- battery, petit larceny, 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 ordinance
of the city, for any misdemeanor or breach of any ordinance
of the city, may instead of being committed to the coun-
ty jail of Morgan county, be kept therein subject to labor
and confinement.
Drains, sinks, T/ilrty-seventk. — To fill up, drain, cleanse, alter, relay, re-
^""^^' pair and regulate any grounds, lots, yards, cellars, private
drains, sinks and privies ; direct and regulate their construc-
tion and cause the expense thereof to be assessed and col-
lected in the same manner as sidewalk assessments.
Railroad trades. Thirty-eighth. — To direct and control the laying and con-
struction of railroad tracks, bridges, turn-outs and switches
in the streets and alleys within the city ; to require the
railroad tracks, bridges, turn-outs and switches to be so con-
structed and laid out as to interfere as little as possible
CITIES. 349
with the ordinary travel and use of the streets and alleys ;
to direct and prohibit the use and regulate the speed of lo- Regulations.
comotive engines within the inhabited portions of the city.
Thirty-ninth. — The city council shall have power to pass, ordinances,
publish, amend and repeal all ordinances, rules and police
regulations not contrary to the constitution or laws of the
United States or of this state, for the good government,
peace and order of the city, and the trade and com-
merce thereof, that may be necessary or proper to carry
into efiect the powers vested by this act in the corporation ; #
to determine what shall be a nuisance, and provide for the Nuisances,
punishment, removal and abatement of the same ; to enact
and enforce the observance of all such rules, ordinances and
police regulations, and to punish violations 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
fee or penalty shall exceed live hundred dollars, nor the
imprisonment six months, for any offence ; and such fine Punishment-
or penalty may be 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 pay-
ment of the same and costs, and in a default thereof may be imprisonment,
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 such manner as may be pro-
vided by ordinance.
Fortieth. — The city council shall have power to provide Election of jus-
from time to time for the election of as many justices of istratM^ "^^"
the peace and constables as the council in their discretion
may deem that the interests of the city require, and make
all regulations necessary and proper to carry out the pro-
visions of this section.
ARTICLE VI.
OF TAXATION.
The city council shall have power within the city by Taxes.
ordinance —
J^irst. — To levy and collect annually taxes on all real
and personal estate and property within the city, and all
personal property of the inhabitants thereof made taxable
by the laws of the state for state purposes, to defray the
general and contingent expenses of the city, not herein
otherwise provided for, which taxes shall constitute the
general fund.
Second. — To require every male resident of the city over ^^^^ j^^or.
the age of twenty-one years and under fifty years to labor
three days in eaCh year upon the streets and alleys of the
350 CITIES.
city ; but any person may at his option pay in lieu thereof
one dollar for each day required : Provided^ the same shall
be within ten days after notiiication by the street com-
missioner. In default of payment as aforesaid, the snm of
three dollars and costs may be collected ; and no set-off
shall be allowed in any suit brought to collect the same.
Valuation. Third. — The valuation of any property, real or personal,
by the assessor, shall not exceed the actual cash value of
the same.
Kate %)f taxa- FouHh. — The rate of taxation levied upon any property,
real or personal, in any one year, shall not exceed one per
cent, for general taxes, except as hereinbefore provided.
And the rate of all special taxes, not including the assess-
• ments for benefit derived from opening or widening any
neighborhood street or alley, shall be within such liuiit as
the city council may prescribe, subject to the provisions
hereinafter set forth.
ARTICLE VII.
OF ASSESSMENTS FOR OPENIXG STREETS AND ALLEYS.
Opening streets § 1, The city couucll shall have power, upon the pe-
tition of the owners of two-thirds of the property fronting
thereon, and without such petition by the unanimous vote
uf the city council, to open and lay out public grounds or
squares, streets, alleys and highways, or section 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 wi'iting of all persons owning land or lots adjoining
Owners of lota, gr^jj street, alley or highway, ahd the unanimous vote of
the city council. The city council shall cause all streets,
alleys and highways, or public squares or grounds laid out
^anT'^' pibhc by them, to be surveyed, described and recorded in a book
grounds. ^(j jjg j,gp^ |jy (.]-,Q clerk, showing accurately and particular-
ly the proposed improvements and the real estate required
to be taken ; and the same when opened and made, shall
be public highways and public squares.
Appropriation § 2. Whenever any street, alley, or highway, public
of land. ground or square is proposed to be laid out, opened, altered,
widened, or straightened, by virtue hereof, and the amount
•of compensation can not be agreed upon, the city council
shall give notice of their intention to appropriate and take
the land necessary for the same to the owner thereof, by
publishing said notice by two insertions in a weekly paper
or six insertions in a daily paper, in the newspaper publish-
ing the ordinances of the city, at the expiration of which
time they shall appoint three disinterested freeholders, re-
commissioners, siding in the city, as commissioners, to ascertain and assess
the damages and recompense due the owners of said real
estate respectively, and at the same time determine what
CITIES.
351
persons will be benetited by such improvement, and assess
the da-iia-es and expenses thereof on the real estate in the Dama|e3 and
neio-hboriiood of the impruvement benefited thereby, in
pro'iH.rtion, as nearly as may be, to the benefits resultmg to
each. A majority of the conncdmen aathorized by Law to
be elected, shall be necessary to a choice of commissioners.
Tlie commissioners shall be sworn faithfully and impartial- ""^^.J^J^"^'
ly to execute their duties to the best of their abdities; before
enterino- upon their duties they shall give at least five days
personal notice of the time and place of their meeting tor
the purposes 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 view the Evidence,
premises, and in their discretion receive any legal evidence,
and may, if necessary, adjourn from day to day.
§ 3. If there should be any buildings standing, in whole
or in part, upon the land to be taken, the commissioners,
before proceeding to make their assessments, shall first es-
timate and determine the wdiole value of such building to valuation of
the owner, aside froin the value of the land, and the actual t^'^^'''^-
iniury to him in having such building taken from him, and
secondly, the value of such building to him to remove.
§ i. "At least five days' notice shall be given to the own- Notice.
er, 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 unknowm,
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 whaUs j^eqmr-
of the commissioners. It shall also require the persons m- l^^]"^
terested to appear, by a day to be named therein, not ex-
ceeding thirty days, or give notice of their election to the
city council, either to accept the award of the commission-
ers, and allow such building to be taken with the land con-
demned 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 remove suchbmld- ^Z\'^,^g.
ing, he shall have such reasonable time for that purpose as
the city council may direct. ,
§ 5. If the owner refuse to take the building at its ap- Re^f-^sai of own-
praised value to remove, or fail to give notice of his inten-
tion, as aforesaid, within the 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 Proceeds of
shall be paid to the owner or deposited to his use.
§ 6. In making their assessments the said commission- va^^^ljnd ex-
ers shall ascertain the value of the land taken and all ex-
penses of the improvements and damages occasioned there-
by, and then assess upon the property in the neighborhood
benefited, in fair proportions, a sum sufficient to cover the
352
Description of
lands.
Objections may
be heard.
Remov.al of
commission-
Condemned
property.
Owner or agent,
Interested per-
sons.
Amount of dam-
ages.
whole amount thereof: Provided, thcat the assessment upon
such property shall not exceed the benelit derived to the own-
er of said property, which shall he paid by the owners respec-
tively, and be a lien upon the property on which it may be
assessed and collected, as other taxes are collected, 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 in the improvement, and if more,
the difference shall be paid him in money out of the city
treasury before the land is taken, ^aid commissioners shall
particularly describe the lands and parcels on which either
assessment may be made, and make a return of their pro-
ceedino;s and assessments to the city council within tea days
after its completion,
§ 7. The clerk shall give ten days' notice, by one publi-
cation in the newspaper publishing the ordinances of the
city, that such assessment has been returned, and on the
day to be specified ther-'in, will be acted upon by the city
council unless objections are made to the same b^^some per-
son interested. Objections may be heard before 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 pro-
ceedings shall be void. If altered or confirmed, an oi'der
shall be entered directing a warrant to issue for the collec-
tion thereof,
§ 8. The city council shall have power to remove the
commissioners, 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,
§ y. The land required to be taken for the making,
opening, widening, straighteniiig or altering any street, alley
or other highway 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 can
not be found in the city, deposited to his or their credit in
some safe 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 improvements, and such streets, alleys or other high-
ways or ];)ublic ground may be made and opened.
§ 10. Any person interested may appeal from any final
order of the city council for opening, widening, altering or
straightening any street, alley or other highway or ])ublic
ground to the circuit court. Upon trial of the appeal all
questions involved in said proceedings, including the amount
of damages, shall be Ojien to investigation, by affidavit or
oral testimony adduced to the court, or upon applications
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
CITIES. ^ 353
aside the proceed iiif;:;s or final order of the council for any
omission or informality, without injury has resulted there-
from.
§ 11. When any owner known or other person having j,, g^se of mi-
an interest in any real estate, residing; in the city or else- "o''^-
where, shall he an infant having no guardian, and any pro-
ceedings shall he had under this act, any court of record
may, np^n the application of the city council, or such infant
or his next friend, appoint a guardian for such infant, taking
security from such guardian for the faithful execution of Guardian.
such trust, and all notices and summons required by this
act shall be served on such guardian, and the final determi- Fmai determi-
nation of either the common council or court in the prem- "^^^'o"-
ises shall be conclusive on such infant, and the proceedings
shall not be opened at any time thereafter.
ARTICLE VIII.
PUBLIC IMPROVEMENTS, AND ASSESSMENTS THEREFOR.
§1. The city council shall have power^ from time to Petition for im-
time, upon the petition of the owners of two-thirds of p''^'^®'^'^° *•
property fronting thereon, or without such petition, by the
unanimous vote of the city council, to cause any street,
alley or other highway, or section thereof, to be graded, le- pubiieimprove-
graded, leveled, paved or planked, and keep the same in ^ents.
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, re-laid, cleansed
and repaired, and regulate the same ; to grade, improve,
protect and ornament any public square or other, public
ground now or hereafter laid out, and build any school or
other public building necessary and proper for the use of
the city, and make the necessary appropriation therefor, Appropriations
subject only to the limitations herein provided limiting the ^^ ^'^pe'ises.
rate of taxation and the issue of bonds.
§ 2. The city council shall have power to assess and col-
lect of the owners of lots or real estate on any street or
other highway in which any sewer may be built, or any
part thereof, in the same manner as other city taxes, or in
such a manner as may be prescribed by ordinance. All ex-
penses and damages for the purpose of grading, paving,
planking or sewering such street, sidewalk, pavement or
other highway. All owners or occupants of lot or lands in collection ef ex-
front of or adjoining or upon whose premises the city shall damages.**"
order and direct sidewalks, or private drains or gutters, or
sewers, communicating with any main drain or sewer, to be
constructed, graded, paved, planked, repaired, re-laid or
cleansed, or shall declare any such lands or lots to be Declare nui-
nuisances, and order the same to be graded, filled up and ^""''*''
drained, or otherwise improved, shall make, grade, pave,
plank, repair or re-lay such sidewalk, or make or cleanse
354: CITIES.
such private drains, or grade, fill up, draia or otherwise im-
prove such lot or land at their own cost and charges within
the time and in manner prescribed by ordinance or other-
Powera of the wisc *, and if not done within the time and in the manner
city council, prescribed, the city council may cause the same to be con-
structed, paved, planked, repaired, re-laid, cleansed, filled
up, graded, drained, or otherwise improved, and assess the
expense and damage thereof by an order to be entered in
their proceedings, upon the lots and lands respectively, and
Warrant. collcct the Same by warrant and sale of the premises as 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:
Proviso. Provided^ that no assessment shall be made upon any lot
that shall exceed the benefits which the owners thereof shall
derive from such improvements.
The removal of 8 3. In all cascs where expenses mav be incurred in
nuisance. ,, " , ,. . ^^ • . -i -i
the removal oi any nuisance, the city council may cause the
same to be assessed against the real estate chargeable there-
. with, in the same manner prescribed in the foregoing sec-
tion. Such expenses may be, likewise, collected by the owner
Occupant of tiie or Qccupaut of such premlscs in a suit for money expended
premises. ^ .^ ^^.^ ^^ 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 nuis-
ance, if known, or any person whose duty it may be to
remove or abate the same.
Owners may be s 4.^ The citv couucil shall have power to compel the
compelled. <^ ,• 1 ^ "^ ^ c ,.• j- • • 1 v
owners ot lots or grounds tronting 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 IX.
COLLECTION OF TAXES AND ASSESSMENTS.
*„„„„! „..<.a<. 8 1- The annual assessment lists shall be returned by
Annual assess- o 1 ,. 1 r- 1 ,. » • 1
mentiiat. the asscssor, ou or before the first day ot 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 hear-
ing objections thereto ; and the clerk shall give one week's
notice of the time and place of such hearing, by one publi-
Pubiication. catiou in tlic newspaper publishing the ordinances of 'the
city, and any person feeling aggrieved by the assessment
of his property may appear, at the time specified, and make
Objections. his objections. The city council shall have power to su])ply
Supplying omis- omissious in said assessment lists, and, for the purpose of
Bions. equalizing the same, to alter, add to, take from, and other-
wise correct and revise the same, or to refer the same back
to the assessor, with instructions to revise and correct the
CITIES. 355
same, and the treasurer shall have power to add to and sup-
ply omissions by the assessor, after the warrant shall have
come into his hands.
§ 2. When the assessment lists have been corrected and Of^^er for war.
revised, the same shall be tiled, and an order confirming the
same and directing tlie warrant to be issued for the collec-
tion thereof, shall be entered by the clerk. The city coun-
cil shall thereupon, by an ordinance or resolution, levy such
sum or sums of money as may be sufficient for the several
purposes for which taxes are herein authorized to be levied,
not exceeding the authorized per centa^re, and in their dis-
cretion, specify the purposes for which the same are levied,
and if not for general purposes, the division of the city
upon which the same are laid.
§ 3. All taxes and assessments, general or special, levied Tax^s shall bea
or assessed by the city council under this act, or any ordi-
nance in pursuance thereof, shall be a lien upon the real
estate upon which the same may be imposed, voted, or
assessed for two years, from and after said first day of Au-
gust, and on personal estate from and after the delivery of
the warrant for the collection thereof, until paid, and no sale saie or transfer
or transfer shall affect the hen. Any personal property
belonging to the debtor, may be taken and sold for the pay-
ment of taxes on real estate, and the real estate sl^all be
liable for the taxes on personal estate, in case of removal :
Provided^ that in case the collection of any assessment shall Proviso.
be delayed by injunction or other judicial proceedings, the
same shall continue a lien unless set aside upon the real
estate for the period of two years from and after the final
disposition of such injunction or other judicial proceeding, injunction.
§ 4. The clerk shall is?ue a warrant or warrants for the °^^f ^^^riL!^"
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 estate subject thereto. Each column
shall be headed with the name of the tax therein set down.
5 5. All warrants issued for the collection of general or copies of as-
•> . , . , 1 n 1 . 1 1 li sessment lists.
special taxes and assessments, shall be signed by the mayor
and clerk, with the corporate seal thereto attached, and shall
contain true and perfect copies of the corrected assessment
lists upon which the same may be collected, and shall be
delivered to the collector for collection by the first day of
October, unless further time be given by the city council, of
which he shall give notice, by publication in the newspaper
publishing the city ordinances. The collector shall there- co'^^^ction of
upon proceed to the collection of said taxes, but he shall in
no case be compelled to make personal call or demand for
the same. If not otherwise paid by the first day of Jan-
uary following, the collector shall have power to collect said
taxes, with interests and costs, by suit in corporate name of
the city, or by distress and sale of personal property. And
356
CITIES.
Manner of col-
lecting.
Non-payment of
tax.
Sale of premi
Advertisement
of sale.
Notice to be
given.
Manner of con-
ducting sales.
Duplicate cer-
tificates.
Name of pur
chaser.
the collector shall be a compent witness, and the warrant to
him as aforesaid, evidence on the part of the city.
§ 6. All taxes or assessments, general or special, shall
be collected by the collector in the same manner and with
the same power and authority as is given by law to collec-
tors of county and state taxes, and his duty in regard to
returning warrants and settling with the city, and his liabili-
ties in case of default or misconduct, shall be the same as
prescribed by law : Provided^ the city council shall have
power to prescribe the powers, duties and liabilities of the
collector by ordinance.
§ 7. In case of the non-payment of any taxes or assess-
ments, 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 sale, an order
shall be made by the city council, which shall be entered at
large on the journals or records, particularly describing the
delinquent premises to be sold, and the amount of taxes for
which the sale shall be made, besides the costs, which costs
need not then be ascertained, and directing sale thereby to
be made by the collector. A certitied copy of which order
under the corporate seal, signed by the mayor or presiding
officer and clerk, shall be delivered to tlie collector, and
shall constitute the process npon which such sale shall be
made.
§ 8. The collector shall then advertise such premises in
the newspaper publishing the ordinances of the city for sale,
at least thirty days from and after the first publication of
such notice, describing 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.
§ 9. All sales shall be conducted in the manner required
by law, but the city council shall have power to prescribe
the manner of conducting the same. The sales shall be
made for the smallest portion of ground to be taken from
the premises for which any person will take the same, and
pay the taxes or assessments thereon, with interest and cost
of sale. Duplicate certificates of sale shall be made and
subscribed by the collector, one of which shall be delivered
to the purchaser and the other filed in the office of the clerk,
Avhicli certificate shall contain the name of the purchaser, a
description of the premises sold, the amount of taxes or
assessments, with the interests and expenses for which the
same was sold, and when the time to redeem will expire.
The collector shall be allowed the same fees for selling as are
allowed by law for similar services, or his fees may be
CITIES. 357
regulated bj ordinance. The clerk shall keep a record of
such sales, which shall be open to the public inspection at
all reasonable times.
§ 10. The right for redemption in all cases for sales for Redemption,
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
of double the amount for which the same was sold; and all
taxes accruing, chargeable or paid on the premises, subse-
quent to the sale, with interest ; but infants, femme coverts, Minors and wo-
or lunatics, shall have no other or further rights of redemp- '"®"-
tion than other persons. In case of redemption, the money
may be paid to the purchaser, or to the person entitled to
the same, or for him to the city clerk, who shall make a
special deposit thereof with the treasurer, taking his receipt
therefor. If not redeemed according to law, the city coun- if not redeemed
oil 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 sold and unre-
deemed as aforesaid. An abstract of all deeds so made and Tax deeds,
delivered shall be entered, by the 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.
§ 11. The assignee of any tax certificate of any prem- Assignee of tax
ises sold for taxes or assessments under authority of the '^^'"fi'=^*«-
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 all taxes and assessments
made since said sale on said premises.
§ 12. If at any sale of real or personal estate for taxes m case of no
or assessments no bid shall be made for any parcel of land, '^"^*
or any goods or chattels, the same shall be struck off to the
city, and thereupon 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 ^cifasen ^"^*
persons, before they shall be entitled to a deed for premises
sold for the non-payment of taxes, shall comply with sec-
tion four, article nine, of the constitution of this state, and
shall produce to the proper officer the proof thereof.
5 13. All sales of lands or lots for non-payment of taxes Proving title to
^ ,-,,,. Ill -I ^ "^ 1 land sold lor
contemplated by this act, and deeds made to purchasers or taxes.
their assigns 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 controversies in relation thereto, any
person claiming such title shall be compelled to prove only
the order of the city council directing the sale, and. the pro-
cess upon which the £ale was made, as provided for in sec-
tion seven of article nine of this act ; and any person claim-
358 CITIES.
ing title adversely thereto shall be permitted to defeat such
tiile by iproving 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 according to the pro-
visions of this act. JBut no person shall be permitted 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 or as-
sessments made on the land or lot since said sale for taxes,
or that the same has been deposited with the city treasurer
for the use of the one entitled to receive it.
ARTICLE X.
FIRE DKPARTMENT.
Gucard against § 1. The city couucil, for the purpose of guarding
^'■®- against the calamities of tire, shall have power to prohibit
the erection, placing or repairing of 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 or cotistructed of fire-proof ma-
Wooden bLiiid lerials, and to prohibit the rebuilding of wooden buildings;
"^^^* to declare all dilapidated buildings to be nuisances, and to
direct the samei to be repaired, removed or abated in such
manner as they shall prescribe and direct ; to declare all
wooden buildings which they may deem dangerous to con-
tiguous buildings, or in causing or promoting tires, to be
Abatement. nuisanccs, and to require and cause the same to be removed
or abated in such manner as they shall prescribe,
§ 2. The city council shall have power —
Chimneys and Fivst — To rcgulatc the Construction of chimneys and
flues. flues so as to admit of chimney sweeps, or other mode of
cleaning, and to compel the sweeping and cleaning of
Stoye pipes, etc. chimUCyS.
Second. — To prevent and prohibit the dangerous construc-
tion of chimneys, flues, tire-places, stove pipes, ovens, or
any other apparatus used in or about any building or man-
ufactory, and to cause the same to be removed or placed in
Ashes, etc. a sccurc and safe condition when considered dangerous.
Third. — To prevent the deposit of ashes in unsafe places,
and to appoint one or more officers to enter into all build-
ings and inclosures, to examine and discover whether the
same are in a dangerous state, and to cause such as are
Fire buckets, daugcrous to be put in a safe condition.
Fourth. — To require the inhabitants to provide as many
fire buckets, and in such manner and time, as they shall
prescribe, and to regulate the use thereof in times of tire ;
Cisterns. ^^^ ^^ require all owners and occupants of buildings to con-
struct and keep in repair wells or cisterns upon their prem-
ises.
Fifth. — To regulate and prevent the carrying on of man-
CITIES. 359
ufaetories and work dangerous in promoting and causing
fires. ^
Sixth. — To regulate, prevent and prohibit the use of fire Firearms,
works and fire arms.
Seventh. — To prohibit or have the management of houses Gunpowder,
for storing of gunpowder, or direct and prohibit other and
dangerous materials within the city ; and the use of candles
and other lights in stables and other like houses.
Eighth. — To regulate and prescribe the manner and ^^ft'ionT'^ ^'^^'
order the building of parapet and partition walls, and of par-
tition fences.
Ninth. — To compel the owners or occupants of houses scutties.
or other buildings to have scuttles in the roofs, and stairs
or ladders leading to the same.
Tenth. — To authorize the mayor, tire wardens or other of- Extinguishing
ficers of the said city to keep away from the fires 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
or danger thereat, and in preventing goods from being-
stolen.
Eleventh. — And generally to establish such regulations Regulations.
for the prevention and extinguishment of fires as the city
council may deem expedient.
Twelfth. — The city may procure fire engines and all Fire companies.
other apparatus used for the extinguishment of fires, and
have the charge and control of the same, and provide se-
cure and fit houses and other places for keeping and pre-
serving the same ; and shall have power to organize fire,
hook, hose, axe and ladder companies.
Thirteenth. — The city council shall have power to ap- chief engineer.
point a chief and assistant engineers of the fire department,
upon the recommendation of a majority of the members
composing the fire department of said city, 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 extinguishment of fires ; and their powers
and duties shall be prescribed and defined by the city
council.
ARTICLE XI.
A SYSTEM OF GRADED SCHOOLS.
§ 1. All the territory within the limits of the city of school district.
Jacksonville, in said county of Morgan, according to its
present or future boundaries is hereby erected into a com-
mon school district.
§ 2. All school funds from whatever source derived, school fund-
belonging to township No. , Morgan county, Illinois,
held or owned for school purposes, shall be divided be-
tween the city of Jacksonville and the portion of the said
360 CITIES.
township without the same, in the proportion and manner
following:
Division of fund The scliool trustees for the several districts of said town-
ship shall within thirty days after the tirst election contem-
plated by this act, appoint two commissioners who are free
holders, one a resident of the said city, the other of said
township without the city, who, after being sworn well and
truly to discharge their dnties, shall ascertain the whole
number of persons under the age of twenty-one years re-
siding in the whole of said township, and the whole num-
ber in said city, and in the township without the city ; and
'^o?°fancL'"®"' thereupon said trustees shall divide and apportion said
funds of said township between the city and the township
without the city, according to the number of persons under
the age of twenty-one years residing in said township.
Said trustees shall have power to supply any vacancy oc-
curring among said commissioners.
Board of educa- § ^' "^^^^ ^^^^ trustecs, or Other person or persons hav-
tion. ing custody or control of said funds, shall pay over and de-
liver to the board of education of Jacksonville school dis-
trict, the portion of funds to which said school district may
be entitled. The public schools of said districts shall be
under the exclusive management and control of a board of
education, to consist of the mayor of the city, who shall be
the president of the board, and one from each ward of the
city, to be known as the "Board of Education of Jacksou-
Oath of office. ^^''^^^ School District;" each of whom, with the treasurer
and clerk of said board, shall be sworn to. discharge their
duties with lidelity.
General owers ^ ^' ^^^^^ board sliall have the exclusive control over
of board. the school lauds, funds and other means of said district for
school purposes, and shall have full power to do all acts
and things in rehition thereto; to promote the end herein
designed, may sell or lease said lands or other lands or
property which may have been or may hereafter be dona-
ted, purchased or designed for school purposes in said dis-
trict, on such terms, for cash or credit, and such time as
they may see proper ; they shall have full power to receive
conveyances or donations, and to make the necessary deeds
or leases of lands ; and all conveyances by the board shall
be signed and acknowledged before some competent officer
Proviso. by the president and secretary of said board : Provided,
/however^ that no sale or lease of land for more than one
year shall be made without the concurrence of said board
of education. A majority of the directors, with or without
the president, shall constitute a quorum for the transaction
of business, and in the absence of the president, they may
Pr^s^dent pro appoint One of their own body Y>resk\ent pro tempore. The
^"'" )resident shall only vote in case of a tie, when he shall
lave a casting vote.
§ 5. Said board shall have full power to buy or lease
Z
CITIES. 361
sites for school houses, with the necessary grounds there-P°^^'^''sof board
for ; to erect, hire or purchase buildings for school houses,
and keep them in repair ; to furnish schools with necessary
books, fixtures, furniture, apparatus, and- library or libra- Libraries.
ries ; to establish, conduct and maintain a system of graded
schools, to be kept in one or more buildings in said district;
to supply the insufficiency of school funds for the payment
of teachers, and other school purposes and expenses, by
school taxes, to be levied and collected as hereinafter pro-
vided ; to determine the number, make the appointment Teachers.
and iix the amount of compensation of teachers within
said district, and to appoint a general superintendent of superintendent
schools, prescribe his duties and tix his salary ; and to ap-
point all other agents and servants, and tix their pay :
provided^ that the said directors shall in no case receive Proviso.
any compensation except such as may be determined and
fixed by the city council ; to prescribe the studies to be
taught, and books to be used, including maps, charts, school books,
globes, etc. ; to lay off and divide said districts into smaller
districts, and to alter the same, or erect new ones at pleas-
ure ; to pass by-laws, rules and regulations to carry their By-iaws and
powers into complete execution, and for the government ''^^'®^-
of their own body, their officers, agents and servants ; and
providing for their meetings and adjournments, and gen-
erally to have and possess all power and authority neces-
sary for the proper establishment and control of an effective school system.
system of graded schools within said district ; and they
shall visit each and all the schools therein as often as may
be necessary.
§ 6- It shall be the duty of said board of education, and Duties of the
they shall have full power to determine the amount of ^°^^'^-
money needed and to be raised for school purposes, over and
above the amount from the school funds hereinbefore enu-
merated, or from other sources : Provided^ %^\& board shall
not for any one year require to be raised more than one
per centum for the benefit of said schools, on the assessed
value of the real and personal property of said city for each
year, without a majority of the voters of said city authorize
them to do so, at aa election to be held for that purpose at
such time, and conducted as the board may direct, nor shall
said board or said city council make any loan whatsoever
for school purposes, without a previous authority by such
vote ; but with the concurrence of a majority of such voters,
it shall be lawful to raise such sum either by taxation or
loan, as said board may see proper; and before the first day
of August of each year, they shall determine the amount shaii estimate
required to be collected by taxation for expenditure for one ed°for' scX'i'
year from the first day of January the next ensuing, for purposes,
school purposes generally, and certify the amount to the
city council of Jacksonville.
Yd. 1—24:
362 CITIES.
sshooi taxes. § Y. It sliall thereupon be the duty of the city council
to levy said sum or so much thereof, as they may deem
necessary, on all the real estate and personal property
of said city, according to the assessment and valuation
thereof, for the current year, equally, by a certain rate per
centum, and collect the same as city taxes are collected.
A special column shall be prepared in the city dupli-
'^purposes°'^°°' cate, headed "school purposes" in vrhicli shall appear the
amount of tax for school purposes, chargeable against each
parcel of real estate, or amount of personal property, and
when said taxes are collected, the treasurer shall keep a
separate account of the same, and they shall be used and
applied for school purposes only, and shall be paid only on
the order of said board.
Abstract of § 8. It shall be the duty of the board to cause an
children. abstract of the whole number of children under the age of
twenty-one years, within said district, to be made, and fur-
nish the same with such further information as is required
in sections 36 and 79, of an act to establish and maintain a
system of free schools, approved February 16th, 1847, to
the school commissioners of Morgan county Illinois, within
ten days after the same shall have been ascertained, and
and the school commissioner shall pay annually to the said
board for the exclusive use of said district, the amount the
district is entitled to receive from the funds that are or may
be in his hands, subject to distribution for the support and
benefit of the schools in said county, in accordance with the
provisions of the free school law now in force, the same as
if no special cliarter had been conferred upon the schools
of the city of Jacksonville.
^raiy bOTrow § ^- Tlie city council of the city ot Jacksonville are lierc-
tnoney. by vested with full power to borrow such sums of money,
being subject to the restrictions contained in the seventh sec-
tion of this act, as they may deem necessary for school pur-
poses in said district, at a rate of interest not exceeding ten
per centum per annum, which may be made payable semi-
annually at such place as may be agreed upon, and the
money when so borrowed, shall be placed under the control
of the board of education.
Treasurer and g -^q^ rpj^g treasurer and clerk of the city of Jackson-
ville, shall be the treasurer and clerk of the board of educa-
tion, and the board shall determine their duties, compensation
and amount of security to be given.
ioaiied. ° '* § II- Said board shall cause all funds not needed for
immediate use, to be loaned at the rate of ten per cent, per
annum, payable semi-annually in advance. ISo loan sliall
bo made for a longer period than live years, and if exceed-
ing one hundred dollars, shall be secured by unencumbered
real estate of at least double the value of the loan, without
estimating perishable improvements. For any sum of one
CITIES. 363
hundred dollars and under, good and satisfactory personal
security may be taken.
§ 12. All notes and securities shall be to the board of securities.
education, for school purposes, and the borrower shall be
at all expenses of examining titles, preparing and recording
papers.
I 13. In settleing the estates of deceased persons, debts Preference of
for school purposes shall be preferred to all others, except "'^^001 debt,
those attending the last illness of the deceased, and his
funeral expenses, including the physician's bill.
§ 14. If default be made in the payment of interest, or ^®,g"^^'°^ p^^'
of the principal when due, interest at the rate of twelve per
cent, per annum on the amount due shall be charged from
the default, and may be recovered by suit. Suit may be
for the interest only, whether the principal be due or not,,
and if the interest be not paid within ten days after the
same becomes due, the principal at the option of the holder
of the note shall thereby become due, and may be recovered
by suit if necessary,
§ 15, All judgments for principal or interest or both, '^^'^®°'
shall draw interest at the rate of ten (10) per cent, from the
rendition of judgment, and said board may purchase in
property sold on execution or decrees in their own favor,
as in cases. No judgment for costs shall be rendered
against said board, to be paid out of the school funds.
§ 16. . If the security for any loan or other debt due the Notice to debtor
school district, in the judgment of the board becomes doubt-
ful or insecure, they shall cause the debtor to be notified
thereof, and if he shall not immediately secure the same to
the satisfaction of the board, the principal and interest shall
thereby become due immediately, and suit may be brought suit.
against all the makers of the note, although such condition
or stipulation be not inserted in the note.
§ 17. The board of education shall be appointed, one in ^poYnledby bS-'
each ward of said city, by the city council, by a majority lot-
vote or ballot, and no person shall be appointed unless a
householder, and a resident of said ward for which he is
appointed, and each shall serve and hold their office for the
term of one year from the date of their said appointment.
§ 18. All officers under this act shall hold their offices vacancies
until their successors are appointed and qualified ; removal
from his ward by any director, shall vacate his office, and
whenever a vacancy shall occur in the office of director, the
city council of Jacksonville shall supply the same upon
notice thereof by the clerk of said city, which appointment
shall be for the unexpired term only.
§ 19, Said board of education shall publish annually Annual »tate.
the statement of the number of pupils instructed the pre- '"^°'' "
ceding year, the several branches of education pursued, the
receipts and expenditures of each school, specifying the
sources of such receipts and the object of such expenditure.
364
White children
to be admitted.
Colored
dren.
Powers of board § 20. Said boai'd shall have the power to admit persoDS
who do not reside within said district into said school upon
such terms as may be agreed.
§ 21. All tree white persons over the age of five years
and under the age of twenty-one years, residing within said
district, shall be admitted to said school free, or upon the
payment of such rates of tuition as the board shall prescribe,
but nothing herein contained shall prevent persons being
suspended, expelled or kept out of said school altogether
for improper conduct.
§ 22. There shall be maintained at least one school for
colored children, to be under the control of the board.
Purchasing or § 23. In purchasing or leasing grounds or buildings for
.leasing ground g^^-^^^Qj pnrposcs, Said board of education may do so on credit,
and when the price and condition of the purchase or lease is
agreed upon, the board may certify the same to the city coun-
cil of Jacksonville, and the city council shall make or cause to
,be made to the proper party the bonds or obligations of said
city, for the payment of the purchase money according to
said terms, or said board may execute in their own name
-said contract, , bond or obligation, and they shall be binding
upon said city : Brovided^ a majority ot the city council
shall consent to the same ; and the city council shall provide
for the payment of the same and the interest thereon as it
becomes due, as though they were executed by the city of
Jacksonville, and under her corporate seal.
: Proviso.
ARTICLE Xir.
MISCELLANEOUS PKOVlSIONS.
Survey Of City. § 1. The citj council sliall have power to cause the lots
and blocks of the city to be surveyed, platted and numbered
in consecutive numbers from one {\) upwards, and to desig-
nate and number all fractional or other lots or blocks in such
manner as they may prescribe by ordinance, and such plat,
designation and mimbcrs when made and duly recorded
shall be a good and valid description of said blocks, lots or
fractional blocks ; to establish, mark and declare the boun-
daries and names of streets and alleys, to require that all
additions hereafter made 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 or alleys already laid out or as they may
be hereafter changed and established within the city.
§ 2. The street commissioner in addition to the penalty
prescribed by ordinance, shall for M'illful neglect of duty be
liable to indictment and fine,
of § 3. Neither the city council or mayor shall remit any
fine or penalty imposed for any violation of any of the laws
or ordinances of said city or release from confinement,
unless two-thirds of all the aldermen elected shall vote for
street commis-
Bioner.
Remission
fine.
CITIES. 366
such release or remission, nor shall anything in this act be so
construed as to oust any court ot jurisdiction to abate and
remove any nuisance within its jurisdiction by indictment
or otherwise.
§ 4. No vote of the city council shall be reconsidered Voto of city
or rescinded at a special meeting, unless the meeting be rescind7d.°'^
called in whole or in part for that purpose, and the alder-
men be so notified, and unless at such special meeting,
there be present as large a number of aldermen as was
present when the vote was taken.
§ 5. The cemetery lots which may be laid out and sold cemetery lots
by the city or private persons for private places of burial,
shall, with the appurtenances, forever be exempt from exe-
cution and attachment,
§ 6. Every ordinance, resrulation and by-law imposing Publication of
" 1 ■/. . . ' '^ , c 1- -, I- - ^ ordinance.
anj penalty, nne, imprisonment, or lorteiture, tor a viola-
tion of its provisions, shall, after its passage thereof, be pub-
lished three days, when 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
denied under oath, and such publication may be dispensed
with entirely in cases of emergency, by the unanimous vote ot*
the council; and proof of such publication by the affidavit proof of pubii-
of the printer or publisher of such newspaper taken before nation.
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 pro-
mulgation of such ordinance, reguladon or by-law, in all
courts and places.
§ 7. All actions brouo-ht to recover any penalty or for- Actions for re-
,, ." . 1 1 . .^ ^^ ^ ^ y covery of pen-
leiture incurred under this act or any ordinance, by-law, or aitiea.
police regulation, made in pursuance thereof, may be
brought in the corporate name. It shall be lawful to
declare generally in debt for such penalty, fine, or forfeit-
ure, stating 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 circuit or magistrate's
court.
§ 8. In all prosecutions for any violation of any ordi-
nance, by-law, or other regulation, the first process shall
be a summons, unless oath or affirmation be made for a
warrant, as in other cases.
§ 9. Any justice of the peace in said city shall have jurisdiction
jurisdiction in any actions for the recovery of any fine, pen-
alty or forfeiture under this act, or any ordinance, by-law,
or police regulation, anything in the laws of this state to
the contrary notwithstanding ; such justice shall have power
to impose fines and penalties not exceeding one hundred
dollars.
366 CITIES.
Execution. § 10. Executioii may issue immediately on rendition
of judgment, and the same execution shall require that if
the defendant has no goods, chattels, or real estate, within
the county of Morgan whereof the judgment can be collected,
that the defendant be arrested and confined in the county
jail, or work-house, 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
''onment™^"^" shall be contined one day for each one dollar of such judg-
ment and costs; all expenses incurred in the prosecution for
the recovery of any fine, penalty or forfeiture, when collected
and paid into the city treasury.
§ 11. No person shall be rendered incompetent as a
judge, justice, witness or juror bv reason of his being an
inhabitant or freeholder in said city of Jacksonville in any
action or proceeding in which the city may be a party in
interest.
Old ordinances § 12. All Ordinances, regulations and resolutions, now
to be valid. jj^ force in the town of Jacksonville, and not inconsistent with
this act, shall remain in force under this act until altered,
modilied or repealed by the city council after this act shall
take effect.
§ 13. All rights, actions, fines, penalties and forfeitures
in suits or otherwise, which have accrued shall be vested in
and prosecuted by the corporation hereby created.
Real property § 1^' ^^^ property, real, personal, or mixed, belonging to
vested in the the town of Jacksonville, is hereby vested in the corporation
corporation. . i i , i • , t i r,^ ,• • ^ •
created by this act, and the oihcers ot said corporation now
in office, shall respectively continue in the same until superse-
ded in conformity to the provisions hereof, but shall be
governed by this act, which shall take effect from and after
its passage.
Ordinances § lo- AH Ordinances of the city, when printed and pub-
dence^*'^^'" Wished by authority of the city council, shall be received in
all courts and places without further proof hereof, which
shall be required until denied under oath, as aforesaid.
§ 16. The style of all ordinances shall be: "Be it
Additions. Ordained by the city council of the city of Jacksonville."
§ IT.' Any tract of land adjoining said city which may
be laid out into blocks or lots and duly platted, according
to law, and any tract of land adjoining the city, with the
consent of the owner thereof, shall and may be annexed to
said city and form a part thereof.
vIm!"^ "^^ § 18. This act shall not invalidate any legal act done by
the president and trustees of Jacksonville, or by its officers,
nor divest their successors under this act of any rights of
property or otherwise, or liabilities which may have accrued
to or been created by said corporation prior to the passage
Power to make of this act
arrests and to § 19. All officcrs ot the City Created conservators ot the
con ne prison- ^^^^^ -^^ ^^jg ^^^^ ^j. authorized by any ordinance, shall have
CITIES. 367
power to arrest or cause to be arrested, with or without pro-
cess, all persons who shall breal^ the peace, or threaten to '^^^^^ powers.
break the peace, or be found violating any ordinance of this
city, committor examination, and if necessary, to detain such
persons in custody over night, or the Sabbath, in the watch
house, or other safe place, or until they can be brought
before a magistrate, and shall have and exfercise such other
powers as conservators of the peace as the city council may
prescribe. ^^^^^^^^ o'^di
§ 20. 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 a like digest within
every period of five years thereafter. PuWie act.
§ 21. . 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 ef-
fect from and after its passage and publication in Jackson-
ville. Justice of the
§ 22. There shall be allowed to said city one or more
justices of the peace, as hereinbefore provided ; and their
jurisdiction shall extend to all causes of action at common
law, or by statutes, \vliere the plaintiff's demand shall not
exceed one hundred dollars, and to all cases of misde-
meanor committed within the city limits of said city, where
indictment is not necessary to a conviction.
§ 23. This act is hereby declared to be a public act, and
to take efiect from and after its passage.
Approved February 15, 1867.
peace;
In force Febru-
AN ACT to create ward number five in the city of Morris. ' j >
Section 1. Be it enacted hy the People of the State of
Itlinois^ rejpreseyited in the Gejieral Assembly^ That all
that portion of the territory of the city of Morris, in the
county of Grundy, and state of Illinois, lying north of the
Illinois and Michigan canal and west of the east branch of
Nettle Creek, be and is hereby created into a ward in said Denomination
city, which shall be denominated the " Fifth Ward," and °^-^^.^^ ^^ ^^
an alderman shall be elected in said ward at the next election Airman. °
in said city of Morris, in the same manner as is provided Powers of, etc.
by the charter of said city, and shall be possessed of the
same powers as other aldermen are possessed by virtue of
the charter of said city of Morris.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 18, 1867.
368
In force Feb. AN ACT to reduce the charter of the city of Cairo, and the several acts
18, 1867. amendatory thereof, into one, and revise the same.
Be it enacted hy the People qf the State of Illinois,
represented in the General Assembly :
ARTICLE I.
Section 1. The inhabitants of all that district of coun-
try in Alexander county, and state of Illinois, contained
within the limits and boundaries hereinafter prescribed,
shall be and they are hereby constituted a body politic and
corporate, by and under the name and style of the " City of
Corporatename Cairo ;" and by that name shall have perpetual succession,
and sue and be sued, complain and defend, in any court ;
make and use a common seal, and alter it at pleasure ; take
and hold, purchase, lease and convey such real, personal or
mixed estate, as the purposes of the corporation may re-
quire, within or without the limits aforesaid ; improve and
protect the same, and do all other things in relation thereto
as natural persons may or can do.
cityhmita. § 2. The Corporate limits and jurisdiction of the city of
Cairo shall embrace and include within the same, sections
22 (twenty-two) and 23 (twenty-three), and sections 24:
(twenty-four), 25 (twenty-five), 26 (twenty-six), 27 (twenty-
seven), 35 (thirty-five) and 36 (thirty-six), in township 17
(seventeen) south, and ransje 1 (one) west of the third prin-
cipal meridian, together with whatever territory may be
between said sections or parts of sections and the middle
of the main channels of the Ohio and Mississippi rivers.
Wards. § 3. The city of Cairo shall be and is hereby divided
into four wards as follows :
First ward. Fii'st. — All that part of the city which lies south and
east of the centre line of west seventh street and south and
east of that line produced, to the middle of the main chan-
nel of the Mississippi river, and south and east of the centre
line of seventh street, and south and east of that line pro-
duced to the middle of the main channel of the Ohit) river,
shall be and is hereby established as and denominated the
''First Ward."
secoud ward. Second. — All that part of the city which lies between the
first ward, as herein and hereby established, and the centre
line of twelfth street, and that line produced to the middle
of the main channels of the Ohio and Mississippi rivers,
shall be and is hereb,y denominated the " Second Ward."
Third ward. Third. — All that part of the city which lies between the
second ward, as herein and hereby established, and the
centre line of seventeenth street, and that line produced to
the middle of the main channels of the Ohio and Missis-
sippi rivers, shall be and is hereby established as and de-
nominated the "Third Ward."
CITIES. dby
Fourth — All that part of the city which lies between the Fourth ward,
third ward, as herein and hereby established, and the north
half of sections 22 (twenty-two) and 23 (twenty-three), in
township 17 (seventeen) south, of range 1 (one) west of the
third principal meridian, shall be and is hereby established
as and denominated the " Fom-th Ward."
§ 4. The city council shall have the power to alter the chauge bounda-
boundaries of the wards of the city, and may create addi
tional wards and fix the boundaries thereof, as they may Additional
see tit —in these changes regard being had to the number of ^^^^ °"
white inhabitants, so that each ward shall contain, as near
as may be, the same number of white inhabitants.
ARTICLE II.
§ 1. There shall be a city council, to consist of a mayor city connoii.
and board of aldermen.
§ 2. The board of aldermen shall consist of twelve Aideimen.
members, to be elected as hereinafter provided, and shall
hold their offices for two years and until the election and .^
qualification of their successors.
§ 3. iSTo person shall be an alderman, unless, at the time Qualifications of
of his election, he shall have resided one year within the ^'•^®'^™®'^-
limits of the city and for thirty days in the ward for which
he shall be elected, and shall be, at the time of his election
twenty-one years of age, a freeholder in said city, and a
citizen of the United States.
§ 4. If any alderman shall, after his election, remove ^^i^T ward ^'°°^
■from the ward for which he is elected, or shall cease to be a
freeholder in said city, his office shall be thereby vacated.
§ 5. The six aldermen heretofore elected, under and by present aider-
virtue of the city charter of the city, approved February ue^fn^office!"^"
11, 185T, and the several acts amendatory thereof, and
whose term of office extends to the 10th day of March, a. d.
1868, shall continue in office as such aldermen until said
last mentioned date ; and at the first annual election of city
officers, provided for by this act, and annually thereafter,
there shall be elected six other aldermen, for the term of
two years each, so that halt of the aldermen elected shall
be chosen annually and at least one from each ward.
§ 6. The city council shall judge of the qualification, counentojudge
election and returns of its members, and shall determine all menlbers.
contested elections.
§ 7. A majority of the city council shall constitute a Quorum.
quorum to do business, but a smaller number may adjourn
from day to day and compel the attendance of absent mem-
bers, under such penalties as may be prescribed by ordi-
nance ; and penalties for non-attendance at meetings may Nonattendanca.
be imposed.
§ 8. The city council shall have power to determine the Rules ^of pro-
rule of its proceedings, punish its members for disorderly "^^^ '°^'''
370
Oath of office.
Stated meetings
What mcmhers
may not do.
Mayor.
City clerk.
conduct, and with the concurrence of two-thirds of the
members elected, expel a member or declare his seat va-
cated ; but if such alderman be re-elected to till the vacancy-
occasioned by his expulsion, he shall not be again expelled
lor the same offence.
§ 9, The city council shall keep a journal of its pro-
ceedings and publish the journal of the proceedings of each
meeting within one week after the holding of the same ;
which publication shall be made by printing in some news-
paper in said city, or by posting written or printed copies of
the said journal for one week in four of the most public
places in said citj. The "ayes and nays," when demanded
by any member present, shall be entered on the journal of
proceedings.
§ 10, All vacancies that shall occur in the board of
aldermen shall be filled by a new election, to be provided
for by ordinance.
§ 11. The mayor, each alderman and all the other city
officers, before entering upon the duties of their respective
offices, shall take and subscribe an oath that they will sup-
port the constitution of the United States and of this state
and the provisions of this charter, and that they will well
and truly perform the duties of their office to the best of
their skill and abilities, and that they possess all the qualifi-
cations required by this act, and are not subject to any of
the disqualifications thereby imposed.
§ 12. Whenever there shall be a tie in the election of
aldermen, the judges of election shall certify the same to
the mayor, who shall determine the same by lot, in the
presence of the board of aldermen, or in such manner as
shall be provided b}^ ordinance.
§ 13. There shall be twelve stated meetings of the city
council in each year, at such times and places as may be
prescribed by ordinance ; and the mayor or any two alder-
men may call special meetings by giving written notices to
each of the members of the city council, served personally or
left at their usual places of abode.
§ 14. No member of the city council shall, during the
period for which he was elected, receive any compensation
for his services, nor be appointed to any office under the
city, or be a contractor for or an employee of the city, in
any capacity wdiatever, during the time for which he was
elected.
§ 15, The mayor, when present, shall preside at all
meetings of the city council ; but in the absence of the
mayor the city council may elect a temporary chairman.
§ 16. The city clerk, to be elected as hereinafter pro-
vided, shall make and keep a record of the minutes of the
city council, and shall attend their meetings for that pur-
pose. In case of the absence of the city clerk, the city
council may appoint a clerk pro tern.
CITIES. 371
§ 17. All officers, agents and servants of the city, whose officers and
election by the qualified voters of the city is not provided ''°®°''^-
for by this act, shall be appointed by the mayor, by and
with the advice and consent of a majority of all the mem-
bers elected to the city council ; and all votes taken upon
the confirmation of such appointmtnts, shall be by ballot,
at a regular meeting of the city council or at a meeting in
whole or in part, for that purpose.
ARTICLE III.
OF THE CHIEF EXECUTIVE JlND OTHER OFFICERS.
§ 1. The chief executive officer of the city shall be a Mayor,
mayor, who shall be elected by the qualified voters of the
city, and shall hold his office for one year and until his suc-
cessor shall be elected and qualified.
§ 2. No person shall be eligible to the office of mayor Qualifications of
who shall not have been a resident of the city for one year '""^'°^-
next preceding his election, or who shall be under twenty-
one years of age, or who shall not, at the time of his efec- ^
tion, be a citizen of the United States and a freeholder in
said city.
8 3. If any mayor shall, during; the time for which he Removal of
1 11 1 1 "^ 1 "^ 1 -1 • T n mayor.
shall have been elected, remove from the city, or shall cease
to be a freeholder in said city, his office shall be thereby
vacated.
§ 4. When two or more persons shall have an equal '^m^yol-"*^ ^°'
number of votes for mayor, the judges of election shall
certify the same to the city council, who shall proceed to
determine the same, by lot, in such manner as may be pro-
vided by ordinance.
§ 5. Whenever an election for mayor shall be contested contested eiec-
the city council shall determine the same in such manner "°°'
as may be prescribed by ordinance.
§ 6. Whenever any vacancy shall happen in the office v.icancy.
of mayor, it shall be tilled by election, to be provided for
by ordinance.
§ 7. The mayor shall, before he enters on the duties of Mayor's oath.
his office, in addition to the oath prescribed above for a
member of the board of aldermen, swear or affirm, that he
will devote so much of his time to the duties of his office Duties of may-
as an efficient and faithful discharge thereof may require.
He shall preside over the meetings of the city council, and
shall take care that the laws of the state and ordinances of
the city are duly enforced, respected and observed within
the limits of the city, and that the other officers of the city
discharge their respective duties. He shall, from time to
time, give to the city council information relative to the
state of the city, and shall recommend to their consideration
such measures as he shall deem expedient for the advantage
of the city, and shall countersign all warrants or orders for saUry of mayor
372
City officers.
Term of office.
Comptroller
and assessor.
Term of office.
Other officers
and aorents.
City clerk.
the payment of money drawn on the cit}'^ treasurer, in pur-
suance of any city ordinance or resolution. He shall be
paid a salary, to be fixed by ordinance, not exceeding fifteen
hundred dollars a year, which shall be in full compensation
of all oflicial services of any description imposed upon him
by this act or any ordinances of the city.
§ • 8. There shall be a city clerk, city attorney, city treas-
urer, who shall be, ex officio^ city collector, and a city mar-
shal ; all of whom shall be elected by the qualified voters
of the city, and shall hold their offices for the term of one
year, and until their successors shall have been elected and
qualified ; and, in addition to the duties prescribed by this
act, they shall perform such other duties as may be pre-
scribed by ordinance,
§ 9. There shall also be a city -comptroller, a city asses-
sor, and three commissioners, which said commissioners
shall constitute a board of public works ; all of whom shall
be appointed by the mayor, by and with "the consent and
adyice of a majority of the whole number of members
elected to the city council, and shall hold their ofiicefor the
terra of one year, except as herein otherwise provided for,
and until their successors shall have been duly appointed
and qualified ; and, in addition to the duties prescribed by
this act, they shall perform such other duties as may be pre-
scribed by ordinance.
§ 10. There shall also be such other otiicers, servants
and agents of the corporation as may be provided by ordi-
nance. Such officers to perform such duties as may be
prescribed by ordinance. These and all such other execu-
tive officers, excepting the mayor, but including the com-
missioners of public works, shall give such bonds as the city
council may direct.
§ 11. The city clerk shall keep the corporate seal, and
all records, papers, and books of the city, not properly
belonging to any other office. He shall attend all meetings
of the city council, and keep a full record of their proceed-
ings, and shall cause the same and all ordinances to be
published as required by law. He shall likewise draw all
warrants on the city treasurer in pursuance of any ordinance
or resolution of the city council, and act as secretary for the
board of public works.
§ 12. The city attorney shall attend to and perform all
professional services incident to his olfice, and, when re-
quired, shall furnish written opinions upon questions and
sul)jects submitted to him by the mayor, or the city council
or its committees, or the board of public works.
§ 13. The city treasurer shall receive and keep the
money of the city, and pay out the same on warrants drawn
in pursuance of city ordinances or resolution, and shall
keep his accounts of receipts and expenditures in such a
manner as to show the exact state of the accounts of the city ;
CITIES. 373
■which accounts shall always be open to inspection and
examination by the mayor or any member of the city coun-
cil.
§ IJr. The city marshal shall perform such duties as city marshal,
shall be prescribed by the city council for the preservation
of the public peace, the collection of license moneys, tines
and forfeitures, and he shall possess the power and authority
of a constable by common law or the statutes of the state.
§ 15. The city assessor and city comptroller shall per- Assessor and
form the duties hereinafter prescribed, and such other duties '^°^^
as' may be prescribed by ordinance.
§ 1*6. The three commissioners of public works, herein commissioners
provided for, shall be appointed on the first Monday in °yo?ksI'°
April, A. D. 1867, or at the first general or special meeting
of the city council thereafter, and one shall hold his office
for one year and one for two years and one for three years ;
and, annually thereafter, one of said commissioners shall be
appointed to serve for three years and until his successor
shall be appointed and qualified, or until his removal from
office, as hereinafter provided for. The commissioners Qualifications of
shall be residents of and owners of real estate in tl)e city.
Said board shall appoint some competent and scientific per-
son as civil engineer to said board, who shall be styled the
"City Engineer," and pay him such salary as the city
coujicil may direct. The engineer so appointed shall be
removable at any time, at the pleasure of the board of pub-
lic works.
§ 17. It shall be the duty of the city engineer to perform city engineer.
all the civil engineering required by the board of public
works, in the prosecution of all public improvements com-
mitted to tlieir charge, and to do such other surveying and
engineering as may be directed by the board or by the city
council. He shall receive for his services such salary as
the city council shall direct, and shall possess the same
powers in making surveys and plats 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 his plats and
surveys made by him as such engineer as are or may be
given by law to the acts, plats and surveys of county sur-
veyors.
§ 18. The said board of public works shall have charge ^^*^^°' p"^''*^
and control and superintendence of all works upon the
streets, avenues, highways and public grounds in said city ;
of all filling, grading, leveling, paving, planking or repair- Duties and pow-
ing the same; of the construction and repairs of all side-
walks and crosswalks ; of the erection of all public build-
ings and of lamps and lights for the lighting of the streets
or avenues ; of the construction and repairs of all sewers
and the works pertaining thereto, and of all works, build-
ings and machinery for draining the city, and of the
ers.
374
construction and work of public improvements of every
Proviso. description, to be hereafter undertaken by the city : Provi-
ded, that all such works or improvements be first autho-
Quorum. rized by ordinance of the city council. A majority of said
board shall constitute a quorum to do business, and they
Record. shall keep a record of all their acts and doings, and shall
keep and preserve copies of all contracts, estimates, receipts,
profiles, and the papers of the board, and the contracts,
estimates, plans, profiles, and papers connected with work
already done on the streets of the city shall be deposited
with said board for safe keeping and reference. The com-
missioners of said board of public works, or such of them
as may be necessary, shall act as commissioners to make
Asseslmentsfor special asscssments for improvements whenever the same
improvements may be Ordered by the city council ; said assessments to be
returned by them to the city council and action taken
thereon in the same manner as is provided for assessment
lists made by the city assessor.
Who shall not § 19. JNo member of the board of public works, nor
iacoLu-aetMl ''^"J <^fficer of Said city shall be, directly or indirectly, in-
terested in any contract, work or business, or the sale of
any article, the price or consideration of which is paid from the
city treasury, under the penalty of immediate removal from of-
fice ; and all contracts made by said board of public works
in which any member or officer of said board shall be inte-
rested, shall, at the option of the city, be declared utterly void
Dismissal from and of no binding effect whatever. If any appointed officer
ofHce. &\\si\\ become so interested, he shall be dismissed from otiice
immediately by the mayor, and on the mayor becoming
satisfied tha.t any elected officer is so interested, he shall
immediately suspend such officer and report the facts to
Two-thirds vote the city couucil, and if, by a two-thirds vote of said council,
he be found so interested, he shall be dismissed from
office.
§ 20. Yacancies in the board of public works, or in any
of the ofiices provided by this act or any ordinance, may be
filled as the city council may by ordinance direct, and any
commissioner of public works who ceases to possess the
qualifications required by this act, or any of them, or be-
comes subject to any of the disqualifications thereby im-
posed, shall be deemed thereby to have vacated his office.
§ 21. The mayor and all other oflticers of the corporation
shall reside within the limits of the city during their con-
tinuance in office, and if the mayor or any other officer of
the corporation shall cease to reside within the limits of the
city, his office shall be thereby vacated.
§ 22. Whenever the mayor shall absent himself from
the city, or shall resign, or die, or his ofiice shall be other-
wise vacated, the board of aldermen shall immediately
proceed to elect one of their number president, who shall be
Vacancy.
Officers shall
reside within
the city.
Absence of
mayor.
CITIES. 375
the mayor pro tern., until the return of the mayor to the Mayor pro tem.
city, or the election of his successor.
§ 23. He shall have power, whenever he may deem it Exibito'
necessary, to require of any of the officers of the said city ^°°^®' ^'*'"
an exhibit of his books and papers.
§ 24:, In case the mayor shall at any time be guilty of Maiconduct of
palpable omission of duty, or shall willfully and corrui)tly ™''^'*'""
be guilty of oppression, maiconduct, or partiality in the
discharge of the duties of his office, he shall, in addition to
the penalties already imposed by law for like ofi'ences, be
liable to be indicted in the court of common pleas of the
city of Cairo, or in the circuit court of Alexander county,
and, on conviction, he shall be fined not more than one
hundred dollars, and the court shall have power, on recom-
mendation of the jury, to add to the judgment of the court Removal irom
that he be removed from office. office.
§ 25. No person shall be eligible to any office in said Qualifications
city who is now or may hereafter be a defaulter to said cers?'*^ °*'
city, or to the state of Illinois, or to any city or county
thereof; and any person shall be considered a defaulter
who has refused or neglected, or may hereafter refuse
or neglect, for thirty days after demand made, to account
for and pay over to the party authorized to receive the same,
any public money which may have come into his possession
by virtue of his office ; and if any person holding any such
office or place within the city shall become a defaulter
whilst in office, the office or place shall thereupon become
vacant.
■ § 26. All persons elected or appointed to any office commissions.
under this act shall be commissioned by warrant, under the
corporate seal, signed by the mayor or presiding officer of
the city council and city clerk.
ARTICLE IV.
§ 1. A general election for all the officers of the corpo- Annual election
ration, required to be elected by this act, shall be held on
the last Tuesday of February in the year a. d. 1867, and
every year thereafter.
§ 2. Of the first election under this act five days' notice Notice of eiec-
Bhall be given by the city clerk or mayor, if no longer notice ''''°"
can be given, and in such notice the places of voting shall
be designated, but all subsequent elections shall be held in
8Qch places and at such times and in such manner as the
city council may appoint, of which ten days' previous no-
tice shall be given by the city clerk by written or printed
notices in three public places in each ward, or by publication
in the newspaper publishing the ordinances of the city:
Provided^ that for the said first election the registers used Registers,
at the last general charter election may be taken as the
register of the voters of the several wards in the city.
376
Election re- § 3. The manner of conducting and voting at the elec-
*'^''°^* tions held under this act, and contesting the same, of keep-
ing the poll lists, registering and canvassing the votes and
certifying the returns, shall be the same, as nearly as may
be, as is now or may hereafter be provided by law at general
state elections : Provided^ the city council have power
to regulate elections and the appointment of the judges
Vote by ballot, thcrcoi'. Tlie voting shall be by ballot and the judges
Oath. of election shall take the same oath and shall have the
same powers and authority as the judges at general elec-
tions. After the closing of the polls the ballots shall be
Returns. counted in the manner provided by law, and the returns
shall be returned sealed to the city clerk within three days
after the election, and thereupon the city council shall meet
and canvass the same and declare the result of the election.
The persons having the highest number of votes for any
be office shall be declared elected. It shall be the duty of the
city clerk to notify all persons elected or appointed to office
of their election or appointment, and unless such persons
whentoquaiify shall qualify within twenty days thereafter, the office shall
become vacant.
§ 4:. All residents of the city qualified to vote at general
elections in the state of Illinois, and who shall have been
actual residents of the ward in which they propose to vote
for thirty days previous to such election, shall be entitled to
vote at all the elections under this act.
§ 5. No election shall be held in any grogshop or other
place where intoxicating liquors are vended by retail.
No civil arrest § ^- ^^^^ pcrsons entitled to vote at any election held
during eiec- under tliis act shall not be arrested on civil process within
said city upon the day on which said election is held, and
all persons illegally voting at any election held under this
act, or the ordinances of the city in pursuance thereof, shall
be punishable according to the laws of the state.
Who shall
elected.
Who may vote.
Place of elec
tion.
ARTICLE V
§ 1. The city council shall have power :
Taxes. Fivst — To levy and collect taxes upon all property, real and
personal, M^ithin the city, made taxable by law for state pur-
poses, not exceeding one-half of one per centum per an-
num upon the assessed value thereof, to defray the contin-
gent and other expenses of the city, not otherwise provided
for; which taxes, together with the moneys arising from
licenses and from all other sources, and not otherwise
specially herein appropriated, shall constitute the general
General fund, fuud ; also, to levy aud collect upon all such property taxes
not exceeding one-half of one per centum upon the assessed
value thereof, to defray the costs and expenses of making
Improvements, improvements upon the streets, avenues and public grounds
of the city not otherwise provided for, including expenses
CITIES 3Y7
for public sewers, pumps and drainag;e, which taxes shall Sewers and
constitute the improvement fund. The city council shall p"™p^-
also levy and collect upon all such property a tax of one-
quarter of one per centum, which may be increased by the
city council to not exceed one-half of one per centum upon
the assessed value thereof, to be applied to the payment of
interest on bonds of the city issued and negotiated, or to be interest on
hereafter issued and negotiated for improvements and other t>onds.
purposes, which taxes shall constitute the interest fund, interest fund.
which shall be set apart and exclusively used, or so much
thereof as may be necessary for the payment of interest on
the bonded indebtedness of the city, or for the creation of a
sinking fund for the redemption of the same: -/V<?wc?ec7, sinking fund.
the outstanding city orders shall be received in payment of
any indebtedness to the city, which when paid would be-
come a part of either the general or improvement fund :
and, jpTovided^ also^ that any surplus in the general fund improvement
may be transferred to the improvement fund, as the city fund.
council may direct : and, provided^ also, that the money
now in the grocery license fund shall be placed to the credit
of the interest fund herein created. interest fund.
Kieco7id. — To borrow money on the credit of the city, and Borrow money,
to issue bonds, scrip or certificates therefoi: : Provided, that
no sum or sums of money shall be borrowed at a greater
rate of interest than ten per centum per annum, nor shall
the aggregate of all sums borrowed and outstanding ever
exceed the amount of one-third of the assessed valuation of Limit of city
all the taxable property, real and personal, of said city : ^^^^'
and, provided, that the aforesaid bonds and interest on the
same may be made payable in such place or places as the
city council may designate.
Third. — To appropriate money, and to provide for the
payment of the debt, interest and expenses of the city.
Fourth. — To make regulations to prevent the introd"uction contagious dis-
of contagious diseases into the city, to make quarantine
laws for that purpose, and to enforce the same within five
miles of the city.
Fifth. — To establish hospitals, and make regulations for Hospitals.
tho government thereof.
Sixth. — To make regulations to secure the general health General health.
of the inhabitants ; to declare what shall be nuisances, and
to prevent and remove the same.
Seventh. — To provide the city with water, to erect such provisions
reservoirs, hydrants, fire plugs and cisterns, either within the *'g*"°^* ^"''•
city limits or beyond the boundaries thereof, as shall furnish
to the inhabitants a plentiful supply of water, and for the
extinguishment of fires; and for the purposes of this section
the city council may levy and collect a direct tax upon all
the property of the city.
Vol. 1—25
378
Bridges and
sidewalks.
Water courses.
Lighting the
streets.
Night watches.
Markets.
Buildings.
Public grounds.
Navigation.
Vessels.
Sundry licenses
Hacks and wag-
ons.
Theatres and
shows.
Bawdy houses.
Fires.
Eighth. — To establish, grade, pave, plank and improve,
clean and keep in repair streets, avenues, lanes, alleys, pub-
lic squares and grounds.
Ninth. — To establish, construct and keep in repair bridg-
es, culverts, sewers, sidewalks, crosswalks and footways, and
regulate the use and construction of the same, and abate
and remove any obstructions thereon; to establish, alter and
change the channel of water courses, and to wall them up
and cover them over.
Tenth. — To provide for lighting the streets and erecting
lamps thereon.
Eleventh. — To establish, support and regulate night watch
and patrols.
Twelfth. — To erect market houses, establish and license
markets and market places, and provide for the govern-
ment and regulation thereof, or to abolish and remove the
same.
Thirteenth. — To provide for the erection of all needful
buildings for the use of the city.
E'ourteenth. — -To provide for inclosing, improving and
regulating all public grounds belonging to the city.
Eifteenth. — To improve and preserve the navigation of
the Ohio and Mississippi rivers within the city, and to re-
move obstructions thereon.
Sixteenth. — To erect, repair and regulate public wharves
and docks, and to collect wharfage therefrom, and to license,
tax, regulate or suppress wharf boats.
Seventeenth. — To regulate the stationing, anchorage and
mooring of vessels witliin the city.
Eighteenth. — To license, tax and regulate auctioneers, gro-
cers, merchants, retailers, taverns and insurance agents, and
to license, tax, regulate and suppress ordinaries, hawk-
ers, peddlers, brokers, pawnbrokers, bankers and money
changers.
Nineteenth. — To license, tax and regulate hackney car-
riages, omnibuses, wagons, carts and drays, and fix the
rates to be charged for the carriage of persons and for w^ag-
onage, cartage and drayage of property.
Twentieth. — To license and regulate porters, and fix
the rates of porterage, and to license, tax, regulate or suj)-
press hotel, steamboat and other runners.
T'wenty -first. — To license, tax, regulate and suppress
theatrical and other exhibitions, shows and amusements.
2 wenty- second. — To license, tax and restrain, prohibit
and suppress billiard tables, nine or ten pin alleys, ball
alleys, tippling houses and dram shops, and to suppress
gaming and gambling houses and other disorderly houses,
and to suppress bawdy houses.
Twenty-third. — To provide for the prevention and extin-
guishment of fires, and to organize and establish fire com-
panies ; also, to regulate, restrain and prohibit the erection
CITIES. 379
of wooden buildings in an}^ part of the city; to regulate and wooden buiid-
prevent the carrying on of manufactures dangerous in '"°^'
causing or producing fires; to appoint fire wardens and Firewardens,
pro])er'ty guards, with power to remove and keep away
from the vicinity of any tire all idle and suspicious persons
lurking near the same, and to compel any person or persons
present to aid in extinguishing such fire or in the preserva- in case of fire,
tion of property exposed to the dangers of the same, and
in preventing goods from being purloined thereat, and with
such other powers and duties as may be prescribed by ordi-
nance; to compel the owners of houses and other buildings
to have scuttles upon the roofs of any such houses and scutues.
buildings, and stairs or ladders leading to the same. Ladders.
Iweiity-fourth.—To regulate and order the cleaning of cwmneys.
chimnies, and to fix the fees thereof, and to regulate the
fixing of stove-pipes and flues.
Twenty-fifth. — To regulate the storage of gunpowder, tar, ^^"her combul'^
pitch, rosin, hemp, cotton, and all other combustible, inflam- tibies. °
mable or explosive materials, and the use of lights and can-
dles in all stables, shops and other places; to remove or
prevent the construction of any fireplace, hearth, chimney,
stove, oven, boiler, kettle or apparatus used in any house,
building, manufactory or business which may be dangerous
in causing or promoting fires; to direct the safe construc-
tion of deposits for ashes, and severally to enter into, or to
appoint one or more officers at reasonable times, to enter
into and examine all dwelling houses, lots, yards, inclosures
and buildings of every description, in order to discover
whether any of them are in a dangerous state, and to cause
such as may be dangerous to be put in a safe and secure
condition.
Tvjenty-sixth.—Ho regulate and prescribe the manner of Partition walls.
and order the building of partition and parapet walls and
of partition fences.
Twentij-seve7ith. — To establish standard weights and meas- ^^^^1^^,^^^, ^^'^
ures and to regulate the weights and measures to be used in
the city, and in all cases not otherwise provided by law.
Twenty -eighth. — To provide for the inspection and meas- i>"mber.
nring of lumber and other building materials.
Twenty-ninth. — To provide for the inspection and weigh- Hay and fuel. .
ing of hay and stone coal, the measuring of charcoal, fire-
wood, and all other fuel to be used in the city.
Thirtieth. — To provide for and regulate the inspection of
tobacco, cotton, beef, pork, flour, meal, oil, whisky, and
other spirituous liquors, in barrels, hogsheads, and other
vessels, and all other articles of commerce: Provided., that
nothing in this act shall be so construed as to authorize the
inspection of any article enumerated in this act which is to
be shipped beyond the limits of this state, except at the
request of the owner or owners thereof, or of the agent
having charge of the same.
Inspection of
merchandise.
Thirty-first. — To regulate the inspection of butter, lard
and other provisions: to regulate the vending of meat, poul-
try and vegetables; to restrain and punish the forestalling
of poultry, butter, eggs and fruit, and suppress hucksters.
Tliirty-second. — To regulate the weight, quality and price
of bread to be used and sold in the city.
Thirty-third.— Ho regulate the size of bricks made or used
in the city.
Thirty-fourth. — To provide lor taking an enumeration of
the inhabitants of the city.
Thirtyfifth. — To regulate the election of all elective city
officers and provide for removing from office any person
holding an office created by this act or by ordinance not
otherwise provided for, and impose fines and penalties on
all such officers for neglect or malfeasance in office.
Thirty-sixth. — To provide for the appointment ot all offi-
cers, servants and agents of the corporation not otherwise
provided for.
Thirty-seventh. — To fix the compensation of the city offi-
cers and provide for the payment of the same, and regulate
the fees of all the jurors, witnesses and others, for services
rendered under this act or any ordinance, or in the court of
common pleas of the city of Cairo.
Thirty-eighth. — To regulate the police of the city; to
impose tines, forfeitures and penalties for the breach of any
ordinance, and to provide for the recovery of any sucli fines
and forfeitures, and the enforcement of such penalties.
Thirty-ninth. — To regulate and license all ferries within
the limits of the city.
Fortieth. — To remove all obstructions from the sidewalks,
and to provide for the construction and repairs of all side-
walks and curb stones, and for the clearing of the same, and
of the gutters.
Torty-first. — To prevent any riot, noise, open indecencies,
disturbance or disorderly assemblages in any street, house
or place in the city.
Forty-second. — To prevent and remove all encroachments
into and upon all streets, lanes, avenues and alleys, estab-
lished by law or by ordinance.
Forty-third. — To exercise complete and perfect control
over all property belonging to the city, real and personal,
whether lying within or beyond the limits of the corpora-
tion created by this act, and the same to lease, sell, transfer
and dispose of either absolutely or with limitation to any
person or persons whatsoever, and generally to make, pass,
publish, amend and repeal such rules, regulations, by-laws
and ordinances as may be necessary or proper to carry into
effect the powers granted by this act, not repugnant to the
constitution or laws of this state, and also to enforce the
observance of all such rules, ordinances and regulations,
and to punish violations thereof by fines and penalties ; but
CITIES. 3S1
no fine or penalty shall exceed five hundred dollars for any
one oftence, and such tine or penalty may be recovered with
costs, in an action of debt, in the name and for the use of Action for costs
the city, before any court having jurisdiction, and any per-
son upon whom any fine or penalty is imposed, shall stand
committed until the payment of the same and costs, and in
default thereof, may be imprisoned in ihe city jail, or be imprisonment.
required to labor on the streets or other public works of the
city, fur such time and in such manner as may be provided
by ordinance.
2'otty-fourth. — To direct and control the construction and Raihoad tracks,
layinc of lailroad tracks, bridges, turnouts and switches, in
the streets and alleys within tiie city ; to require that rail-
road trades, bridges, turnouts and switches shall be so con-
structed and laid as not to interfere with the ordinary travel
and use of the streets and alleys, and that sufiicient space
shall be .left on either side of said tracks for the safe and
convenient passage of teams and persons; to require all
railroads located upon any of the streets, avenues, alleys or
highways of said city to plank, pave, ballast or macadam-
ize the track or tracks of any such road, to keep the same
graded to a level with the grade of the streets, avenues,
alleys or highways of the city upon which any such railroad
may be located, and to prohibit the standing; of freight cars, Prohibitions to
•' ■ ^ ^ ^- X- ii railroad com-
passengei' cars, engines and locomotives, upon any ot the pames.
streets, avenues or highways of said city upon which any
railroad may be located ; to require railroad companies to
keep in repair the streets through which their tracks may
run, and to construct and keep in repair suitable crossings
at the intersections of streets, alleys and ditches, sewers and
culverts, when the city council shall deem necessary; direct
and regulate the speed cf locomotive engines within the
city; to prohibit and restrain railroad companies from doing
a storage, warehouse or reshipping business for liire or pay,
and from selling goods, wares or merchandize, upon their
grounds or depot premises, or to receive compensation for
the forwarding of goods.
Forty -fij-ih. — To prevent any person from bringing into Burials.
and burying dead bodies within the limits of the city.
Forty-sixth. — To regulate, prevent and prohibit the use of ^j|^g^°^V ^°
fireworks and the discharge of firearms, except in defense
of the person or property, and except by any military com-
pany or assemblage of citizens at some public celebration.
Forty -seventh. — To license, regulate and prohibit butchers Butchers.
and to revoke their licenses for malconduct in the course of
trade.
Forty-eighth. — To regulate, restrain and prohibit the run- Running at
ning at large of horses, cattle, swine, sheep, goats and geese, horses/ete.
and to authorize the distraining, impounding and sale of
the same for the cost of proceedings an^ the penalties
382
Road labor.
Vagrants, etc.
FiUinc; streets.
Lamps.
Expenses of
improvements,
Assessment.^.
Proviso,
incurred, and to impose penalties on the owners thereof for
a violation of any ordinance in relation thereto.
Forty-ninth— To regulate, license, or 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.
Fiftieth. — To regulate, establish and create the police of
the city; to appoint watchmen and policemen, and prescribe
their duties and powers.
§ 2. The city council shall have exclusive authority
within the limits of the city to license groceries, beer shops
and saloons, and all places 'for the sale of vinous, spirituous
and fermented liquors; and all sums of money which may
be received for grocery and all other licenses, shall be paid
into the city treasury for the use of the city : Provided, no
license shall be granted for a longer period than one year,
and no license foV the sale of spirituous, vinous or fermented
licpiors shall be issued for a less sum than seventy-tive dollars.
§ 3. The city council shall have power to keep the
streets, lanes, avenues and alleys in repair, and to re(piire
all male inhabitants in said city of twenty-one years of age,
and not over fifty, to labor upon said streets, lanes, avenues
or alleys, not exceeding three days in each and every year,
and any person failing to perform such labor when duly
notified by the supervisor or other officer, shall forfeit and
pay not exceeding one dollar per diiy for each day so neg-
lected or refused.
§ 4. The city council of the city of Cairo shall have
power and authority to restrain and punish vagrants, men-
dicants, street beggars and all other persons offending
against the public health, morality and peace of said city,
or using language ur guilty of conduct calculated to pro-
voke a breach of the same.
§ 5. The city council of said city shall have power from
time to time to cause any street, avenue or highway, or
a portion of any street, avenue or highway, in said city
to' be tilled, refilled, graded, leveled, paved, planked,
graveled, maca<iamized or repaired, and to alter and
"change the grade of the same, and to cause sidewalks and
crosswalks V) be constructed, reconstructed and repaired
on said streets and avenues; and to erect lamp posts and
lam[)S thereon, and to assess and collect the expense find
cost of the same, together with the expense of collection^
from the real property benefited thereby, to the extent of
■ the benefit so conferred by such improvement, the balance
of the cost of such improvement to be paid out of the im-
provement fund ; said assessment and collection to be made
as the city council may by ordinance direct : Provided, tlje
owners of two-thirds of the lots fronting or abutting on said
improvements shall petition for the same, or said improve-
ments shall be ordered by a majority of all the members
CITIES. "385
elected to the city council: And also provided^ that the
owner or owners of any lot fronting or abutting on said Owners of lots.
improvement shall have the right for thirty days after the
publication of the ordinance of the city council authorizing
the same, to fill, grade, pave or plank tlie street or avenue, ^Xes *^c^on-
or construct or repair the sidewalk in front of his or their struct, etc.
own lot or lots, to tlie satisfaction of the board of public
works, and receive appropriate credit therefor. The city
council may cause the improvements in this section author-
ized to be made and paid for out of any money in the improvenients
, L .^ • ^^ 1 1 j>, 1 .1 to he made and
treasury at their disposal, and aiterwards cause the expense paid for.
thereof, with the cost of collection, to be reimbursed by a
special assessment as in other cases ; and where such im-
provements have been already made and paid for in whole Reimburse-
^ . ,11.1 ^ !• 1 • ment of eX"
or in part by the city, the expense thereof may be reim- penses.
bursed by similar special assessments.
§ 6. The city council shall have power to prevent horse Honse raring
racing, immoderate riding or driving in the streets or av- fn^.
enues, and to authorize persons immoderately riding or
driving, as aforesaid to be stopped by any person ; also to
punish or proliibit the abuse of animals, and to compel per- Abuse of ani-
sons to fasten their horses, oxen or other animals attached '"^'^•
to vehicles or otherwise, while standing or remaining in the
streets or avenues ; and to control, regulate or prohibit the steam whistles.
use of steam whistles within the limits of the city.
§ 7. No improvement shall be ordered involving an ex- Expenditures
^ -.. „ ^ , ,. , .". „ to be ordered
penditure ot money, except by ordinance, the provisions ot by ordinance,
.which shall be specific and definite.
§ 8. Every ordinance or resolution which shall have Mayor's ap-
been passed by the city council shall, before it becomes a p''^^^^-
law, be presented to the mayor for his approval ; if he ap-
prove, he shall sign it, if not, he shall return it with his ob- Veto.
iections to the board, which objections shall be entered at
large on the journal, and the bill reconsidered.
§ 9. If, aftei- such reconsideration, a majority of all the Reconsidera-
members elected to the board shall agree to pass the same, ''°"-
it shall become a law,
§ 10. In all cases where an appropriation of money is Ayes and noes.
made, and upon the final passage of all ordinances, the vote
shall be taken by yeas and nays, and entered on the jour-
nal of the board.
§ 11. All ordinances shall be presented by the city Five days given
clerk to the mayor for his approval within five days after fo^ "pp'^o^''^-
their passage, and if they shall not be returned by the
mayor to the city clerk in five days, (Sundays excepted,)
after they shall have been presented to him for his approv-
al, the same shall become laws in the same manner as if he
had approved and signed them •, or in case of the absence
of the mayor, and a failure of the city council to appoint a
mayor j!?ro teniy said ordinances shall" go into effect and be-
384:
Ordinances ^fn come laws ill five dajs after the return of the mayor and
d°ayT." ^^ the presentation of such ordinances to him for approval.
Publication of § 12. AW Ordinances passed by the city council shall,
ordinances ^jjj-,^^ g^g ^j^^g ^|,.gj. ^i-,gjj, approval by the mayor, or a fail-
ure to approve the same, as provided for in the preceding
section, be published by printing in a newspaper published
and circulated in the city of Cairo, or by posting up printed
or written copies of the same in four of the most public
places in said city ; and said ordinances shall not go into
effect until ten days after such publication,
§ 13. All the ordinances of the city may be proven by
the seal of the corporation, attested by the ofiicer having
charge thereof, and when printed and published by authori-
ty of the corporation, the same shall be received in evidence
in all courts and places without further proof.
§ 14. All ordinances shall have two readings at length
on separate days in the city council, before their passage.
§ 15. The style of the ordinances of the city shall be :
"Be it ordained by the city council of the city of Cairo."
When in force.
Proving ordin-
ances.
Two readings.
style of
nances.
Form of assess-
ment lists.
Annual returns.
Objections.
Notice.
Objections
writing.
Correcting the
assei
lists
Council to issue
warrant for
ta::ceB.
ARTICLE YI.
§ 1. The city council shall have power, by ordinance, to
prescribe the form of assessment lists, and prescribe the du-
ties and define the powers of assessors. They may also
make such rules and give such directions in relation to re-
vising, altering or adding to the lists as they may deem
proper or expedient.
§ 2. The annual assessment lists shall be returned by
the assess a- on or before the first Monday in May in each
year, but the time may be extended by order of the city
council. On tlie return thereof the mayor shall fix a day
for hearing objections thereto before the city council, and
the city clerk shall give notice of the time and place of
such hearing by publication in the newspaper publishing
the ordinances of the city, or by other notices posted in
four public places in the city, and any person feeling ag-
grieved by the assessment of his property, may appear at
the time specified and make his objections in writing there-
to. The city council shall hav"e power to supply omissions
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 asses-
sor, with instructions to revise and correct the same.
§ 3. When the assessment lists have been corrected and
revised the same shall be filed, and an order confirming the
same and directing the warrant to be issued for the collec-
tion thereof shall be made by the city council, together
with an ordinance or resolution, levying such sum or
sums of money as may be sufficient for the several pur-
poses for which taxes are herein authorized to be levied,
CITIES. 386
not exceeding the authorized per centage, particularly
specifying the purposes for which the same are levied.
§ 4. AH taxes and assessments, general or special, levied Taxes a lienon
or assessed by the city council, under this act or any ordi- ''^^'®^***®-
nance in pursuance thereof, shall be a lien upon the real es-
tate upon vf'hich the same may be imposed, voted or assessed,
from and after the corrected assessment lists shall be con-
firmed, or the passage of the order for assessment, and for two
years thereafter, and on personal estate from and after the ^s'^tgme"nt ^^'
delivery of the warrant for the collection thereof until paid,
and no sale or transfer shall affect the lien. Any personal
property belonging to the debtor may be taken and sold for
the payment of taxes ofi real or personal estate, and the real „ ^
iiiiTTi,' 1 ^ • Modes of en-
estate shall be liable for the taxes on personal estate in case forcing the
of a removal or when the taxes can not be miade out of the toil^^°' °^
personal estate, in the same manner as prescribed by the
laws of the state: Provided, that in case the collector of Proviso.
any assessments shall be delayed by judicial proceedings,
the same shall continue a lien, unless set aside, upon the
real estate for the period of two years from and after the continue a hen.
final disposition of such injunction or other judicial pro-
ceeding.
§ 5. The city clerk shall issue a warrant or w^arrants for Duplicate lists.
the taxes, and prepare a duplicate of the assessment lists,
and rule therein separate columns, in which the tax levied
shall be respectively set down opposite the name of the per-
son or such real estate subject thereto. Each column shall
be headed with the name of the tax therein set down.
§ 6. All warrants issued for the collection of general or warrant to be
special taxes and assessments shall be signed by the mayor |el"ed. ^^'^
and citj clerk, with the corporate seal thereto attached, and
shall be accompanied by true and perfect copies of the cor-
rected assessment lists upon which the same may be issued.
They shall be delivered to the collector for collection within ^°oife''g°tjj^^J'g'^"
thirty days after the filing of the corrected lists, unless fur-
ther time for this purpose shall be given by the city coun-
cil. If not otherwise paid, the collector shall have power
to collect said taxes, with interest and costs, by suit, in
the corporate name, or by distress and sale of personal
property as aforesaid, after a demand and refusal to pay the
same : Provided, a notice published by the collector for ten Proviso.
days in the newspaper printing the ordinances of the
city, or posted . up in four public places in the city,
shall be deemed a demand, and a neo-lect to pay taxes ^J"^^ ^^»" ^^
,. , , , „ ini 1 "-1 r ^ '■, mi deemed a re-
tor twenty days thereafter shall be deemed a refusal. The lusaitopay.
assessment lists shall in all cases be evidence on the part ot
the city.
§ 7. All taxes and assessments, general or special, may Powers of coi-
be collected by the collector in the same manner and with ^^^°^'
the same power and authority, as is given by law to collect-
ors of county and state taxes, or for the collection of city
386
CITIES.
Certificates
sale
taxes, and assessments under the act entitled an act to
amend the charters of the several towns and cities in this
Redemption state, approved March 1, 1854, and the right of redenjp-
tion shall exist in ail cases and to the same extent as
now allowed by law. He shall pay the same, as fast
as collected, into the city treasury, and his duty in re-
gard to returning warrants and settling with the city, and
his liabilities in case of default or misconduct, shall' be the
same as prescribed by law in case of county collectors:
Proviso. Provided, the city council shall have power to prescribe the
powers, duties and liabilities of collectors, by ordinance
^h>g delinquent § ^- ^^^ ^^'®^ ^hall be coud uctccL in the manner required
tax sales. by law ; but 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 assessments thereon with interest and costs
of sale. Duplicate certificates of sale shall be made and sub-
scribed by the collector, one of which shall be delivered to
the purchaser and the other filed in the office of the county
clerk of Alexander county, which certificate shall contain
the name of the purchaser, a description of the preinises
sold, the amount of taxes or assessments, with the interest
and expenses, for which the same was sold, and the time
when the right of redemption will expire. The collector shall
be- allowed tiie same fees for selling as arc allowed by law
for similar services, or his fees may be regulated by ordi-
nance. The county clerk shall keep a record of such sales,
which shall be open to public inspection at all reasonable
times, and he shall be allowed such fees as are now allowed
by law for similar services.
§ 9. In case of redemption, the money may be paid to
the purchaser, or for him to the county clerk, who shall
make a special deposit thereof with the city treasurer,
taking his receipt therefor. If not redeemed according to
law, the city council shall, upon the return of the certificate
Execution of a or proof of its loss, direct a deed to be executed to the pur-
deed, chaser under the corporate seal, signed by the mayor and
countersigned by the city clerk, conveying to such purchaser
the premises so sold and unredeemed as aforesaid. An ab-
stract of all deeds so made and delivered, shall be entered
by the county clerk in the book wherein tax sales are
recorded,
'^certmctte! *" § ^^" . ^^^^ assignee of any tax certificate of any premi-
ses 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.
'^11. If at any sale of real estate for taxes or assess-
Colleetor'sfees.
Redemption.
In case of no
bid, tiien the
stmckofft "^^^'^S' no bid shall be made for any parcel of land the
the"city! " same shall be forfeited to the city, and shall be carried for-
CITIES, 387
ward by the city clerk upon the tax book of the next snc-
iieedini^' year, as in cases of sales for state and county
purposes.
■ § 12. All deeds made to purchasers of lots sold rax deeds siiaii
iOi taxes or assessments shall be 'pnina facie evidence evidence.
In all controversies and suits in relation to the rights of
'he purchaser, his heirs and assigns, to the premises
.hereby conveyed, of the following lacts ; Fivst^ that the
land or lot conveyed was subject to taxation or assess-
.Tient at the time the same was advertised fur sale, and
iiad been listed and assessed at the time and in the man-
[ner required by law. tiecond^ that the taxes or assess-
ments were not paid at any time before the sale. Third,
that the land conveyed had not been redeemed from
i;he sale at the date of the deed, and shall be conclusive
Evidence of the following facts: I^irst, that the land or lot
ivvas advertised for sale tor the length of time and in the
manner required by law. Second, that the land was sold
for taxes or assessments as stated in the deed. Third, that
jthe grantee in the deed was tlie purchaser. Tourth, that ^^^^^-^ °f ^^le,
the sale was conducted in the manner required by law, and
iu aU controversies and suits involving the title to land
claimed and held under and by virtue ot cuch deed, the per-
son or persons claiming title adverse to the title conveyed
by such deed, shall be required to prove, in order to defeat
said title, either that the land was not subject to taxa-
tion at the date ot the sale, that the taxes or assessments
had been paid, that the said land had never been listed or
assessed fur taxation or assessment, or that the same had
been redeemed according to the provisions of the act, and
that such redemption was made for the use, and benefit of
the persons having the right of redemption under the laws
of the state. But no person shall be permitted to question ^itie to land,
the title acquired by the said deed without tirst showing
that he, she or they, or the person under whom he, she
or they claimed title, had tide to the land at the time
of the sale, or that the title was obtained fnmi the
United States or this state, after the sale, and tluit all taxes
due u[)<>n the lands have been paid by such person or per-
'sons, under whom he claims title as aforesaid.
§ 13. Appeals may be taken from any assessment made Appeals.
by the city assessor to the city council by any tax payer
Who is aggrieved by any assessment, and in like manner
each tax' payer within said city shall have the right to ap-
peal to the circuit court from any iinal order of the city
council made touching or concerning assessments or collec-
tions of taxes within said city: Provided, said appeal shall Proviso.
be prayed and perfected within ten days, as is now re-
quired by law iu cases before justices of the peace.
Citizens exempt
from road labor
outside the city
limits.
Report of re-
ceipts and ex-
penditures.
Suits and ac-
tions.
AppeaLs to the
cir9Uit court.
Arrests without
process.
Action to recov-
er fines.
ARTICLE VII.
§ 1. The inhabitants of the city of Cairo are liereby
exempted from working on any road beyond the limits of
the city, and from paying any tax to procure laborers
upon the same.
§ 2. The city council shall cause to be published, semi-
annually, on the first Mondays of July and January, a full
and complete statement of all moneys received and ex-
pended by the corporation during the preceding six months,
and. on what account received and expended, and also a full
and complete statement of the iinancial condition of the city.
§ 3. All suits, actions and prosecutions instituted, com-
menced or brought by the corporation hereby created, shall
be instituted, commenced and prosecuted in the name of the
city of Cairo.
§ 4. ^ Appeals shall be allowed from the decision in all
cases arising under the provisions of this act or any ordi-
nance passed in pursuance thereof, to the circuit conrt of
Alexander county, and every such appeal shall be taken
and granted in the same manner and with like effect as ap-
peals are taken from and granted by justices of the peace
to the circuit court under the laws of this state.
§ 5. All officers of the city created conservators of the
peace by this act or authorized by ordinance shall have
power to arrest or cause to be arrested with or without pro-
cess, all persons who shall break the peace, or threaten to
break the peace, or be found violating any ordinance of the
city, coinmit for examination, and if "iiecessary detain such
persons in custody over night or the Sabbath, in the watch
house, city jail or other "safe place, or until they can be
brought before a magistrate, and shall have and exercise
such other powers as conservators of the peace as the city
council may prescribe.
_^ G. ^ All actions brought to recover any penalty or for-
feiture incurred under this act or by any ordinance, by-law
or police regulation, made in pursuance thereof, shall be
brought in the corporate name of the city. It shall be law-
ful to declare generally in debt for such penalty, line or
forfeiture, stating the clause of this act or the by-law or
ordinance unJer which the penalty or forfeiture is claimed,
and to give the special matter in evidence under it.
§ 7. In all prosecutions for any violation of any ordi-
nance or by-law or other regulation", the first process shall
be a summons unless oatli or affirmation be made for a
warrant as in other cases.
§ 8. Execution may be issued immediately on rendition
of judgment. If the defendant has no goods or chattels or
real estate within the city of Cairo whereof the judgment
can be collected the defendant may be confined in the city
CITIES. 389
jail for a term not exceeding six months, in the discretion
of the court rendering judgment, and all persons who may Judgment,
be committed under this section, shall be confined one day
for each dollar of such costs and judgment, all lines penalties costa.
or forfeitures, when collected, shall be paid into the city
treasury.
§ 9. Neither the city council nor mayor shall remit any no remission of
fine or penalty imposed upon any person for the violation *'"''^-
of any laws or ordinances of said city, or release from co7i-
tinement, unless two-thirds of all the aldermen elected shall
vote for such release or remission ; nor shall anything in
this act be so construed as to oust any court of jurisdiction
to abate or remove nuisances by indictment or otherwise.
§ 10. No vote of the city council shall be reconsidered Reconsidering a
or rescinded at a special nleeting, unless the meeting be
called in whole or in part for that purpose, and the alder-
men be so notified.
§ 11. No person shall be an incompetent iudo-e, iustice, competency of
.3 . 1 , ,. , . , .t •'. i" , .•' ' witnesses.
Witness or juror by reason ot his being an inhabitant or ,
freeholder in the city of Cairo, in any action or proceeding
in which said city may be a party in interest.
§ 12. All ordinances or resolutions passed or adopted °(^'Jj,"/°'^®^ ^^
by the city council of said city aijd now in force, and not
inconsistent with the provisions of this act, shall continue
in force until altered or repealed by ordinance.
§ 13. All acts or parts of acts inconsistent with the Repeal,
provisions of this charter, are so far as they conflict with
the same hereby repealed.
§ 14. This act is hereby declared to be a public act, and ^"^^^'^ *°*-
shall be in force from and after its passage.
Appkoved February 18, 1867.
AN ACT to amend the charter of the city of Shelbyville, and vacate certain In force Febru-
alleys in said city. ary 19, 1867.
Section 1. Be it etiaeied by the People of the State of
Illinois^ represented in the General Assembly^ That the
act incor,porating the city of Shelbyville, approved February ^^^ approved
16, A. D. 1863, be amended as follows: That in all place's 'Fe>>rimry le,
in said act, where the word "president" or the words "presi- ^^''2' «™^°'^"^"
dent of the city council" in relation to the presiding ofiicer
of the city council of said city, occur, the same be changed
to the word mayor, and that said officers shall have all the
power and jurisdiction that is now conferred on him by law
or that may hereafter be conferred under the provisions of
this act.
590
Jurlstlietion of
mayor.
Powers and
authority of
Extension of
corporate lim-
its of the city.
Povvcrs of
coiyicil.
.-ity
Object and pur
pose of.
Speoinl assess-
nientH.
§ 2. That the mayor of the city of Shelby ville shall
have iurisdiction of all ofi'eiices arising under the charter and
ordinances of said city, and shall have power and authority to
line for any otience committed against the ordinances of said
city, and iii default of the person or persons so fined, paying the
same, said mayor shall have power and authority to com-
mit such person or persons to the common jail of Shelby
county, or to the city prison or calaboose of said city of
Shelby ville, until such lines and costs are fully paid : Pro-
vided, that in all cases before the mayor, arising as afore-
said, appeals shall be allowed to the circuit court of Slielby
county, in the same manner as in similar cases before jus-
tices of the peace.
§ 3. That the corpoi-ate limits of the city of Shelbyville
be, and the same are hereby for certain purposes, extended
two miles in every dii-ection from the southeast corner of
lot number one (1) in block number ten, (10) in the original
town of Shelbyville, and the city council of said city shall
have power within such limits to make all necessary I'egu-
lations to secure the health of the inhabitants of said city ;
to declare what is a nuisance, and to prevent and remove the
same ; to license, tax and regulate auctioneers, merchants,
grocers, retailers, taverns, ordinaries, saloons, hawkers,
peddlers, pawnbrokers, theatrical and other exhibitions,
shows and amusemeuts ; to restrain, prohibit and suppress
gaming houses, bawdy and other disorderly houses ; to sup-
press gaming of all kinds, billiard tables, pigeon hole tables,
roulette tables, jenney lind tables, bagatelle tables or any
kind of table or board upon which games are played or
practiced, and to have such other powers and authority to
regulate the public affairs ovei- the territory within the
boundary aforesaid, as to prohibit by ordinance, all acts of
indecency, immorality, fighting, quarreling, challenging to
light, making loud and unusual noises, so as to disturb the
peace and quiet of the inhabitants within said described
boundaries.
§ 4. That the city council of said city are hereby
authorized and empowered to erect and maintain a calaboose
or city ])ri8on, for the use of said city, and to ])rovide by
ordinance that when any person or persons who shall be
found drunk or intoxicated within the limits of said city,
the city marshal shall have full power and authority to
arrest such person or persons, and to lodge him her or them
in such calaboose or the common jail of said county, until he
she or they shall become duly sober, when it shall be the duty
of the marshal aforesaid, to take such person or persons
before the nuiyor of said city, there to be dealt with and
punished as provided by the ordinances of said city.
§ 5. The city council shall have power to levy and
collect a special assessment on the owner or owners of lots
or parts of lots on any street, lane, aveuue or alley in said
Taking private
property lor
CITIES. 391
citj, levied for the purpose of gracing, paving, filling side-
walking, tilling up streets, alleys, lanes or avenues and light-
ing the same, and for any other necessary improvement
thereof, and keeping the same in repair, to be collected in
the same m.anner as ordinary taxes of the city: Frovided,
said assessments shall not exceed in value the cost of the
work or the benefit or benefits such owner or owners may
derive from the making of the improvment aforesaid over
and above that which is enjoyed by him, her or them in
common with the public.
§ 6. That in all cases in taking private property as pro-
vided by the act to ^vhich this is an amendment, for the pubu'c'
purpose of assessing benefits derived from or to be derived ^''^^^'
from the making of public improvements as provided by
this act, the mayor shall issne a venire for a jury of twelve
men to be summoned by the marshal of said city. Such
jury shall be first duly sworn and shall estimate only the value
of the property to be taken or the benefit to be enjoyed as
provided by this act, and having determined the same shall
return their inquest under their hands and seals to the
mayor of said city, who shall notify such person or persons,
whose property is to be taken or who is charged with the
benefits as aforesaid, if such owner or owners reside within
the limits of said city, and in case of non-residents, by post-
ing up written or printed notices thereof, in three public
places in said city, and by publishing the same for three
consecutive weeks in the oflicial newspaper or newspapers
of said city, and if such owner or owners fail to appear
befor^ the city council at their next regular meeting after
the returning of said inquest and object to such inquest,
then the same shall be confirmed by said council ; and in
case said owner or owners shall appear and object to such
inquest, then the same shall be heard and .determined by
the city council, and all assessments or benefits shall be
placed upon the tax books of said city an I collected with
the other taxes thereof: Provided^ that no land or other
property, belonging to any person or persons, shall be taken
by said city until said assessment is paid or placed in some
safe deposit for the use of such owner or owners.
§ 7. And that the alleys running east and west in block Vacated alleys
number eight (8) and in block number fourteen (14) in '*^*'^''''^®^-
Crane and Stephenson's addition to the city of Shelbyville,
and the alley running east and west in block number twelve
(12) in Thomas Lewis' addition to the city of Shelbyville,
be and the same are hereby, for the benefit of all the own-
ers in said blocks vacated.
§ S. That this act shall be deemed and taken to be a
public act, and shall be in force from and after its passage.
Appkoved February 19, 1867.
pealed.
J92
In force Feb. AX ACT to amend the charter of the city of Macomb.
21. 1867,
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That section
Section 4 re- four (4) of Jii'ticle thirteen (13) of said city charter (except
that part thereof which entitles said city to its ^J>r(9 rata
share of the stock of any railroad company, as provided for
in said section) be. and the same is hereby repealed : Pro-
vided, however, that nothing herein contained shall be con-
strued to aft'ect or in any way impair any existing right,
exemption or liability accrued or incurred, under or by
virtue of said section.
§ 2. This act is hereby declared to be a public act, and
shall take effect and be in force from and after its passage.
Appkoved February 21, 1867.
In force Feb'y AN ACT repealing section third of an aniendato.ry act, approved February
21, 186". j3^ 1851, entitled an act to amend the act incorporating Jacksonville.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That section
three (3) of an amendatory act, approved February 13, 1851,
entitled an act to amend the act incorporating Jacksoi^'ille,
Acts repealed, bc, and tlic Same is hereby repealed, and the assessments
'\^^^a'"^^°isoo "^^^^ upon all lands within the corporate limits of the town
to'be^iegai. ' of Jacksonville, for the year 1866, is hereby declared to be
legal, and the collector of said town is hereby authorized
to collect the same, in the same manner, and with like
authority, as in the cases of other taxes assessed in said town.
§ 2. This act to take effect from and after its passage.
Approved February 21, 1867.
Iiforj'oF'p'b.21, AN ACT to amend the charter of the city of Lincoln.
BOUXDAUIES.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
corporate limits of the city of Lincoln shall bc and are
hereby so extended as to embrace and include within said
city and subject to its jurisdiction and to its charter and
ordinances the following additional lands and territory,
Boundnriee. tu-wit : The cast half of the northeast quarter of section
393
twenty-six (26), and the north half of section twenty-five (25),
all in township twenty (20) north, range three (3) west of
the third (3d) principal meridian; also the north half of
section thirty (30), in township twenty (20) north, range
two (2) west of the third (3d) principal meridian, in Logan
county, Illinois.
§ 2. At each annual election provided for in the first Elections,
section of chapter three of the charter of said city, there
shall be elected, in addition to the ofticers mentioned in the
second section of said chapter three, and in the manner
therein provided, a city attorney, street commissioner, clerk officers to be
and marshal, whose powers and duties shall be the same as ® ^° ^ •
provided for in the said city charter.
§ 3, So much of section five of chapter two or any
provision of the city charter as .requires all oflicers of the
city or persons elected to oflice under the provisions of the
charter of the city of Lincoln, to be qualified voters at city
elections, shall not be held to apply to the office of city
engineer; but the city council of said city may appoint any
person to fill said office of engineer, who may be a citizen
of the United States and who shall have resided in this
state one year previous to his appointment to said oflice.
ADDITIONAL POWERS.
§ 4. That in addition to the powers conferred by the Powers,
charter of said city, the city council shall have power, within
the jurisdiction of said city, by ordinance —
First. — To suppress, restrain, abate or prohibit within Disorderly
said city and within two miles of the limits thereof, disor- bhng^\ouses'
derly houses, tippling shops and groceries, bawdy houses, ®'°"
houses of ill-fame, gambling houses, and all riotous and
disorderly assemblages.
Second. — To suppress and punish vagrancjy; to define
what acts shall constitute vagrancy, and who shall be
deemed vagrants.
Third. — To regulate all cemeteries or burying grounds cemetericF.
w^ithin the city or within two miles of the city limits,, and
to punish by fines, penalties or imprisonment, all persons
who shall trespass upon or desecrate the same, or violate
the provisions of any ordinance in relation thereto in the
same manner as if the offence were committed within the
city^
Fourth. — To direct and control the laying and construe- Railroad tracks
tion of railroad tracks, bridges, turnouts and switches, in "^^'''ses, etc.
the streets and alleys, and the location of depot grounds
within the city ; to require that railroad tracks, bridges,
turnouts and switches, shall be so constructed and laid as
to interfere as little as possible with the ordinary travel and
Vol. 1-26
394 CITIES.
use of the streets and alleys, and that sufficient space shall
be left on either side of said tracks for thesafe and conve-
nient passage of teams and persons; to require railroad com-
panies to keep in repair the streets through which their
tracks may run, and to construct and keep in repaii- suitable
crossings at the intersections of streets and alleys and ditch-
es, sewers and culverts, when the city council shall deem it
necessary.
«e>TGr., § 5. That for the purpose of establishing a system of
sewerage and drainage, the city council shall have power to
cause the city to be laid off into districts, to be drained by
principal and lateral or tributary sewers or drains, having
reference to a general plan of drainage by sewers and drains,
for the whole city, and number and record the same.
Regulations for § 6. That whenever a majority in number of the owners
tkfn of'drains^ ^^ ^'^^^ cstatc within any district shall petition the city coun-
etc. ' ' oil for the construction of such drains or sewers in such dis-
trict, the city council shall have power to levy and collect a
special tax on the real estate within the district so drained,
,and not to exceed five mills to the dollar per annum on the
assessed value thereof, for the purpose of constructing such
sewers and drains, or said city council shall have the dis-
cretionary power to construct such drains and sewers, and
levy and collect said tax without such petition, when bj the
city council it may be deemed necessary ; which tax shall
be annually levied and collected as other city taxes by law,
and shall constitute a lien on the real estate in the district
in which it is assessed; and the city council shall have
power to provide for the construction and letting of such
sewers and drains, or such parts thereof as they shall deem
necessary, and may, from time to time, extend, enlarge or
alter the same, upon such terms and conditions as they
shall deem necessary; and the city council shall have power
to borrow money for the construction of such sewers and
drains, payable in principal and interest from the spe'^ial tax
collected in such districts, or the city council may apportion
the estimated costs of such drains and sewers and collect
the 'same by a series of annual assessments. But no ordi-
nance creating such debt, special tax or apportionment, shall
be repealed or altered until the debt created thereby shall
have been paid.
Kiibicon water ^ 7. The city couucil of said city shall have power to
«t'imcirain,'o"c scwcr the watercourse known as the Kubicon, or any other
natural drain or water course in said city, and for that pur-
pose may alter, change and straighten the channel of the
same, and said city, by its officers or agents, shall have
power for the purpose of laying out or constructing such
sewer, to enter upon any real estate owned by any private
CITIES. 395
persons, through or adjoining which such sewer may be
laid out and constructed, and may deptisit and keep material
thereon for such purpose, in such manner as not unnecessa-
rily to obstruct or incommode the use of such real estate by
the owner thereof.
§ 8. Before proceeding to construct such sewer, the city Survey to be
council shall cause a survey of said Rubicon, or other water ^^'^^'
course or natural drain to be made, and a plat to be made
out and recorded in the office of the city clerk, showing the
line of such proposed sewer and the lands, lots or real
estate through or adjoining which the same will run ; and
if the amount of the damages or benefits arising from the
construction of such sewer, through or adjoining such lands,
lots or real estate, can not be agreed upon, the city council
shall cause the damages to such real estate arising from the
construction of such sewer through or adjoining the same,
and tlie costs and expenses of the construction of such sewer costs and ex-
to be assessed against the lots and real estate through or ad- p®"^^^-
joining which said sewer may run, which may be benetited
thereby ; and for the purpose of ascertaining such damages Benefits and
and benefits, the city council shall, by a vote of a majority '^^'"''ses.
of all the members elected, choose by ballot three disinter-
ested freeholders and residents of the city as commissioners
to ascertain and assess the damages and compensation to be
paid to the owners of the lots and real estate through or
adjoining which such sewer may be constructed, and at the
same time to determine what lots or real estate will be
benetited by the construction of such sewer, through or
adjoining the same, and assess the damages caused by the
construction of such sewer and the cost of constructina: and
building the same, against the lots and real estate benefited
thereby, as near as may be, to the benefits resulting to each
lot or tract.
§ 9. The commissioners, before entering upon the dis- commissicners'
charge of their duties, shall take an oath before some officer oath!^ '^°'^
authorized by law to administer the same, that they will
faithfully and impartially perform and discharge their duties
to the best of their skill and abilities; and before proceed-
ing to make their assessments shall give at least ten days'
notice to all owners of lots or real estate through or adjoin-
ing which sucli sewer may run, of the time and place of
their meeting, for the purpose of viewing such lots or real
estate and making their assessments. Such notice shall be
given personally, where the owners of the lots and real
estate are residents of the city and known, and by publica-
tion in the newspaper publishing the ordinances of the
city where such owners are non-residents of the city or
unknown.
§ 10. The commissioners, upon the day appointed for Evidences.
making their assessments, shall meet at the time and place
appointed, and shall proceed to view the lots or real estate,
Apportion and
Completion an
revision.
Publication of
returns.
39(5 CITIES.
through or adjoining which such sewer may run, and may,
in their discretion, receive any legal evidence which may be
adduced in relation thereto, and may, if necessary, adjourn
from day tu day; and having ascertained the damages and
benefits, the lots and real estate through or adjoining which
such sewer nuiy run, arising from the construction of such
sewer, the commissioners shall a)3portion and assess the
damages, together wath the costs and expenses of the con-
struct'ion ot such sewer against the lots and real estate by
them deemed benefited by the construction of such sewer
through or adjoining the same, in proportion, as near as may
be, to tlie benelits resulting from such improvements to
each lot or tract. When the .commissioners shall have
completed and revised their assessments, they shall sign
and return the same to the city council without delay.
§ 11. When the commissioners shall have returned
their assessments to the city council, the city clerk shall
give ten days' notice, by publication in the newspaper pub-
lishing the ordinances of the city, stating that such assess-
ment has been returned to the city council, and will be
Objections. confirmed by the city council on a day to be specified in
such notice, unless objections are made thereto by some
perHon interested in the same. The city council shall hear
such objections as may be oliered, and the hearing thereof,
may, if necessary, be adjourned from day to day. The city
Confiimations. couucil may coutirm or annul the assessments, or refer them
back to the commissioners for correction, amendment or
otherwise. If the assessments shall be annulled, all the
proceedings shall be void ; if confirmed, an order of confir-
mation and approval shall be entered.. If the assessments
Made anew. shall be referred back to the same or other commissioners to
make the assessments anew, they shall proceed to give the
same notices and make their assessments and returns the
same, in the same manner in all respects as is herein re-
quired in relation to the first assessment ; and all parties
interested shall have the same rights, and the city council
shall perforin the same duties and have the same powers in
relation to any subsequent assessment, as are herein pre-
scribed in relation to the first.
§ 12. When the assessments of the commissioners shall
have been finally confirmed and approved by the city coun-
cil, the city council may, by the passage of an ordinance or
resolution, to be entered in full upon the journals by the
city elerk, levy and assess the amounts of such assessments
against the lots and real estate upon which the same is as-
sessed by the commissioners, and direct that a warrant
issue ibr the collection of the same ; and such warrant nuiy
be collected by sale of the lots or real estate against
which said assessments are made, in the manner provided
in this act for the collection of taxes and assessments ; and
such assessments shall be a lien in the manner provided in
Rights.
Approval, etc.
CITIES. 397
the 46th section of this act. Such assessment may also, at Recovery by
an}' time after the approval and confirmation thereof, be suits, etc.
collected of the owner of the lot or real estate against which
the same is assessed, and recovered by suit in the name of
the city, as tor money paid and laid out for his use at his
request, before any court having jurisdiction. The ordi-
nance or resolution of the city council levying such assess-
ments, shall contain a correct list and description of the
lots and real estate, with the name of the owner thereof, if
known, and with the amount assessed against each tract,
lot or premises set opposite thereto.
§ 13. The city council may remove the commissioners Removal,
appointed under this act, and, from time to time, appoint
otliers in place of such as may be removed, or neglect, or
refuse, or are unable from any cause to serve.
§ 14:. Any person interested may appeal from the final Appeals.
order of the city council confirmiug and approving such
assessment to the circuit court of Logan county, by tiling
with the circuit clerk of Logan county a good and sufficient
bond, to be approved of by the said clerk, in at least treble
the amount of the assessment or assessments sought to be
appealed from, at any time within twenty days after the
passage of such final order, but not thereafter. Upon tiling
such bond with the circuit clerk, the clerk shall issue a
supersedeas enjoining the city council from proceeding any
further in the collection of such assessment or assessments,
and suspending all proceedings in relation thereto, and shall
issue a summons to the city of Lincoln, to be served on the
mayor and clerk thereof, to appear at the term of the court to
which the appeal is returnable ; which summons shall be
served and returned as in other cases. So soon as said circuit
clerk shall issue a supersedeas^ as aforesaid, the city council
shall suspend all further proceedings with respect to s ich
assessments, and the city clerk shall within twenty days
after the service of said appeal summons, or sooner it" re-
quired by the city council, tile with the clerk of said circuit
court a properly certified copy of all the records and pro-
ceedings in his (jffiee with respect to such assessments ; and
upon the trial of the appeal, all questions involved in said
proceedings, including the amount of damage and benetics,
shall be open to investigation by affi<iavit or oral testimony,
adduced to the court ; and upon application of the city, or
any other party interested, the amount of damages and bene-
fits may be assessed by a jury in said court, without formal
pleadings, and judgment rendered accordingly.
§ 15. When any know^n owner of any lot or real estate, mfants or luna-
or other person having an interest in the same, residing in "'=^'
said city or elsewhere, shall be an infant or lunatic, and any
proceedings shall be had under this act in any way afiect-
' ing such lot or real estate, the judge of the county court of
Logan county may and it is hereby made the duty of such
etc.
398 CITIES.
judoje, upon application of the city council of said city, or of
such infant, or of the next friend of such infant or lunatic,
to appoint a guardian or conservator for such infant or luna-
tic, taking security from sucli guardian or conservator for
the faithful execution of such trust, and all notices and
process required by this act shall be served upon such guar-
dian or Conservator,
Costs and ex- ^ 1^. For defraying the remainder of the costs and ex-
penses, penses of such sewer' along said Kubicon or other water
course or natural drain, after the payment of the special
assessments levied upon the lots and real estate beneiited^
thereby, in the manner herein required, the city council of
said city shall levy a special tax, in the manner prescribed in
the sixtli section iiereof, upon all the real estate which may
be situated and embraced in such sewerage district as may
be established by said city council; but the city council of
said city may defray a portion of the costs" of the construc-
tictn of such sewer, not exceeding one-third of such costs
from the general revenues of the city.
Powers of city § 17. The city council shall have power, if they shall so
u^imngt^^"^' desire, to sewer the water course known as the Rubicon,
sewers, drains, or any Other natural drain or water course in the city, by
sections. The power is hereby expressly conferred to lay
off said Rubicon or other natural drain or water course, into
as many sections and sewer districts as to said council may
seem proper; and to l»uild a sewer in any of said sections
and sewer districts in pursuance of the provisions of this act;
and when any other sewer or drain in said city shall be laid
out or constructed through or adjoining any real estate
belnnging to private persons, and the amount of the dama-
ges and l)enefits arising from the construction of such sewer
or drain through or adjoining such lots and real estate, can
not be agreed upon, tlie city council shall cause the dama-
ges to such real estate arising from the construction of such
sewer or drain through or adjoining the same, and the costs
of the construction of such sewer or drain to be assessed
against the real estate through or adjoining whicli such
sewer or drain may run and which may be benefited there-
by, in the manner ])rescribed in the eighth and subsequent
sections hereof, and for defraying the remainder of the
C"sts and ex))enses of such sewer'or drain, after the pay-
ment of the special assessments levied upon the real estate
benefited thereby, in the manner herein required. The city
cnuncil of said city shall levy a special tax, in tlie manner
])rescribed in the sixth section of this act, upon all the real
estate situated atul embracetl in such sewerage district as
may be established by said city council.
CITIES. 399
SirnTEYS, ADDITIONS, ETC.
§ 18. The city council of said city may cause the re-sur- surveys.
vey of said city, or of any addition thereto, and may correct
any errors which may be found in the original surveys of
the same ; and may cause all lands and real estate within
the city to be surveyed and correctly described by metes
and bounds, or otherwise, or designated by numbers, so as
to be properly assessed for taxation ; and may regulate the
re-numbering of the blocks and lots of the city, and the
numbering of the lots, blocks, or lands not already num-
bered, or which may hereafter be laid out or subuivided ;
and may cause maps or plats of such lands, blocks or lots
to be made and recorded, and the number or other designa-
tion of such lands, lots, or blocks, upon such maps or plats,
shall be a good and valid description thereof in all convey-
ances, assessments, or tax lists, or other proceedings.
§ 19. The city council shall have power to adopt a plan Additions,
for the laying out and phitting of all additions which may
be made to the city, or of subdivisioi.s of land lying within
the city, or within one-half mile of the limits thereof, so as
to establish regularity and uniformity in the streets and
highways of the city and vicinity ; and to require that all
additions and subdivisions which may be so laid out or
platted to conform to such plan. AiM no map or plat of
any addition to said city, or of any subdivi^on of lands
l3dng within the same, or within one-half mile of the limits
thereof, shall be entitled to record, or shall be recorded in
the office of the recorder of Logan county until the same
shall have been approved by the city council of said city ;
and all such additions or subdivisions shall be null and
void, unless a correct plat or map thereof shall be approved
by the city council of said city before the same is filed for
record.
OPENING STREETS.
§ 20. The city council shall have power, to open and ^^^®^®'^; hwlf^s'
lay out public grounds or scpiares, streets, alleys and
highways ; and to alter, widen, contract, straighten and
discontinue the same ; but no street, alley or highway,
or any part thereof, shall be discontinued or contracted
without the consent in writing of all persons owning
land or lots adjoining said street, alley or highway, nor
unless at least three-fourths of all the aldermen of the
city vote therefor. 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 particular-
ly the proposed improvements and the real estate required
400 CITIES.
to be taken ; and the same when opened and made, shall
be pul)lic hii^hways and public squares.
§ 21. Wlienever any street", alley, or highway, public
ground or square is proposed to be laid out, opened, altered,
widened, or straightened, by virtue hereof, and tlie amount
of compensation can not be agreed upon, the city council
shall give notice of their intention to appropriate and take
the land necessary tor the same to the owner thereof, by
publishing said notice for two weeks in the newspaper pub-
lishing the ordinances of the city, at the expiration of Avhich
time they shall choose by ballot three disinterested free-
holders, residing in the city, as commissioners, to ascertain
and assess the damages and recompense due to the owners
of said real estate respectively, and at the same time to de-
termine what persons shall be benefited by such improvement
and assess the damages and expenses thereof on the real
estate benefited thereby, in proportion, as nearly as may be,
to the benefits resulting from each. A majority of the alder-
men authorized by law to be elected, shall be necessary to a
choice of such commissioners,
©ath of com- § 22. The commissioners shall be sworn faithfully and
missioners. impartially to execute their duties ; they shall give at least
\otic«. ^^'^ days' notice to all persons interested, of the time and
place of their meeting for the purposes of viewing the prem-
ises and making their assessments ; which notice shall be
given personally if t^e owners are residents and known, or
by publication in the newspaper publishing the ordinances
of the city, if non-residents or unknown. They shall view
the premises, and in their discretion receive any legal evi-
dence, and may, if necessary, adjourn from day to day.
Buildings, ap. §23. If there slioukl bo any building Standing, in wholc
praisemen , ^^ .^^ part, upou the land to be taken, the conmiissioners,
before proceeding to make their appraisement, shall first es-
timate and determine 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.
Manner ^of giy- § 24. At Icast five days' notice shall be given to the own-
'- er, 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, l)y pub-
lication in the newspaper publishing tlie ordinaTices of tlie
city. Such notice shall specify the buildings and the award
of the commissionei-s, and shall be signed by them. It
shall also require the persons interested to appear, by a
day to be named therein, or give notice of their election to
the city council, either to accept the award of the commis-
sioners, and allow such building to be taken with the land
condemned or appropriated, or of their intention to receive
CITIES. 401
such building at the value set thereon by the commission- ^if^^ij]','!-!, °^
ers to remove. If the owner shall agree to remove such
building, he shall have such reasonable time for that pur-
pose as the city council may direct.
§ 25. If the owner refuses to take the building at its ap- Refusal of own-
praised value to remove, or fails to give notice of his inten-
tion, as aforesaid, within the 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 live
days' public notice of the sale. The proceeds of the sale ^ga°ie!^'^^ °^
shall be paid to the owner or deposited to his use.
§ 26. The commissioners shall thereupon proceed to Assessments,
make their assessment, and determine and appraise to the
owner the value of the real estate appropriated, and the in-
jury arising from the condemnation thereof; which shall
be awarded to such owner as damages, after making due
allowance therefrom for any benefit which sucli owner may
derive from such improvement. In the estimate of dam-
age to the land, the commissioners shall include the build-
ings (if the property of the owner of the land) as estimated
by them as aforesaid, less the proceeds of the sale thereof;
or if taken by the owner, at the value to remove, in that
case they shall only include the difference between such
value and the whole estimated value of such building.
§ 27. If the damage to any person be greater than Damages and
the benefits received, or if the benefits be greater than *"^'^^*'^^-
the damages, in either case the comniissioners shall strike
a balance, and carry the difference forward to another col-
umn, so that the appraisement may show what amount is
to be received or paid by such owners respectively, and the
difference only shall in any case be collected of or paid to
them.
§ 28. If the lands and buildings belong to different L'en or mort-
persons, or if the land be subject to lease or mortgage, the ^''^*^'
injury done to such persons respectively may be awarded
to them by the commissioners, less the benefits resulting to
them respectively from the improvements.
§ 29. Having ascertained the damages and expenses of Apportionment
such improvement as aforesaid, the commissioners shall
thereupon apportion and assess the same, together with the
costs of the proceedings, upon the real estate by them
deemed benefited, in proportion to the benefit resulting
from the improvements, as nearly as may be, and shall de-
scribe the real estate upon which their assessments may be
made. When completed, the commissioners shall sign and
return the same to the city council within thirty days of
their appointment.
§ 30. The clerk shall give ten days' notice, by publi- ^■°"'=®-
cation in the newspaper publishing the ordinances of the
city, that such assessment has been returned, and on a
day to be specified therein, will be confirmed by the city
402
council unless objections to the same are made by some per-
son interested. Objections may be heard before the city
council, and the hearing may be adjourned from day to day.
The council shall have power, in their discretion, to con-
confirmations. hnn or auuul the assessment, or refer the same back to
the commissioners. If annulled all the proceedings shall
be void ; if confirmed, an order of confirmation shall be
entered directing a warrant to issue for the collection there-
of; if referred back to the same or other commissioners,
they shall proceed to make their assessment and return the
same in like manner and give like notices as herein re-
quired in relation to the first. And all parties interested
shall have the like notice and rights ; and the city council
shall perform like duties and have like powers in relation
to any subsequent determination as are herein given in re-
lation to the first.
§ 31. When the commissioners appointed for assessing
the damages and benefits for making, opening, widening,
straightening or altering any street, alley or highway, or
public ground or square, shall have reported their assess-
ment of damages and benefits to the city council, and the
city council shall have approved the same, such assessment
Collections. ^^I'l-y ^t any time thereafter be collected of the owner of the
lot, land or premises against which the same is assessed,
and recovered by suit in the name of the city before any
court having jurisdiction, or the city council may by the
passage of an ordinance or resolution, to be entered at length
upon the journal of their proceedings by the city clerk, levy
and assGPS the amount of such assessment against the
land, lot or premises against which the same is assessed by
the commissioners, and direct that a warrant issue for
Warrant to be the coUcctiou of the samc ; and such warrant shall be col-
lected by tlie sale of the lands, lots or premises against
which such assessments are made in the manner provided
for the collection uf other taxes and assessments under the
provisions liereof; and such assessment shall be alien upon
the premises the same as other assessments for revenue
purposes under the provisions of this act. The ordinance
or resolution of the city council levying such assessment
List and de- sluill Contain a correct list and description of the lands, lots
or ])remi8es, with the name of the owner thereof, if known,
and with the amount assessed against each tract of land, lot
v)r premises set opposite thereto.
Payment of § 32. The Commissioners appointed to assess the dam-
ages for making, opening, widening, straightening or
altering any street, alley, or highway, or public ground,
or S(]uare, when all the proceedings shall have been com-
pleted, and the damages ])aid or tendered to the owners of
the land taken in the numner required by law, shall, by
deed, convey to the city the lands, lots or real estate so
taken ; and such deed shall vest such lands and real estate
scription.
damages, etc.
CITIES. 4:03
in the cltj for the use of the public, and shall be conclusive
evidence that all proceedings were in conformity with the
provisions of this act, the charter and ordinances of said
city.
§ 33. The city council shall have power to remove Removal of
commissioners, and from time to time, appoint others in commissoneis
place of such as may be removed, refuse, neglect or are
unable from any cause to serve.
§ Si. The land required *to be taken for the making, condemned
opening, widening, straightening or altering any street, alley
or other highway 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 any such owner or his agent can owner or agent,
not be found within the city, deposited to his or their credit in
some safe place of deposit, other than the hands of the
treasurer; and then, and not until then, such lands may be
taken and appropriated for the purpose required in making
such improvements, and such streets, alleys and other high-
way's or public grounds may be made and opened.
§ 35. When the whole of any lot or parcel of land or ^°J^°*°||' ^^^
other premises under lease, or otlier contract, shall be taken ' '
for any of the purposes aforesaid, by virtue ot this act, all
the covenants, contracts and engagements between landlord
and tenant or any other contracting parties touching the
same, or any part thereof, shall, upon the confirmation of
the report of the commissioners respectively cease, and be
absolutely discharged.
§ 36. When part only of any lot, parcel of land or other Agreements
premises so under lease or contract shall be taken for any of ments?°*'^°'
the purposes aforesaid, by virtue of this act, all the cove-
nants, Contracts, agreements and engagements respecting
the same, upon the confirmation of the report of the com-
missioners shall be absolutely discharged as to that part
thereof so taken, but shall remain valid as to the residue Residue,
thereof; and the rents, consideration and payments reserv-
ed, payable and to be paid for, or in respect to the same,
shall be so apportioned as that the part thereof justly and
equitably payable for such residue thereof, and no more
shall be paid or recoverable in any respect of the same,
§ 37. Any person interested may appeal from any final interested per-
order of the city council for opening, altering, widening or
straightening any street, alley or other highway or public
ground to the circuit court of Logan county, in the same
manner and within the same time as provided for appeals
in the fourteenth section hereof; and the city clerk shall
file with the clerk of said circuit court a duly certified copy
of all the records and proceedings with respect to such assess-
ments as therein provided. Upon the trial of such appeal all
questions involved in such proceedings, including the amount ^™°"°' of dam-
of damages, shall be open to investigation, by affidavit or
4:04 CITIES.
oral testimony adduced to the court, or upon applications of
the city, or any party interested, the amount of damages and
benefits may be assessed by a jury in said court, without formal
pleadings, and judgment rendered accordingly, fn)ni which
judgment, wlietlier by court or jury, no appeal or writ of
error shall lie.
Owners to pay A 38. Jn all cascs where there is no agreement to the
lor assess- •> 1 n i 1 i
ments. Contrary, the owner or landlord and not the tenant or occu-
pant, shall be deemed the pegBon who shall, and ought to
pay and bear every assessment made for the expense of any
public improvement where any such assessment shall be
made upon or paid by any person when by agreement or
by law the same ought to be borne or paid by any other
person, it shall be lawful for the one so paying to sue for
and recover of the persons .bound to pay the same, the
amount so paid, with interest. Kothing herein contained
shall in any way impair of affect any agreement between
landlord and tenant, or other person, respecting the pay-
ment of such assessments.
Changes § 39. The city council may, by ordinance, make any
changes they may deem advisable in the proceedings herein
prescribed, for ascertainmg the damages and inpiry occa-
sioned to any person or real estate by reason of the con-
demnation of such real estate, or any real estate upon which
any buildings may be situated, in whole or in part, and the
assessment of such damages and injury upon persons or real
estate benefited by the improvement, and in all such other
respects as experience may suggest.
In case of mi- 8 40. When any known owner or person having: an
interest m any real estate, residing in the city or else-
where, shall be an infant, and any proceedings shall be
liad under this act, the judge of the circuit court of Logan
county or the county judge of said county, may, upon
the application of the city council, or such ini'ant, or his
next friend, ai)point a guardian for such infant, taking secu-
rity from such guardian for the faithful execution of such
trust, and all notices and summons required by this act
shall be served on such jiuardian.
uors
Guardian.
OK TAXATION.
§ 41. The city council shall have power within the city
by ordinance —
Taxes. I^^irst. — To levy and collect annually taxes not exceeding
twenty mills to tlio dollar on the assessed value ot all real
and ])ersonal estate and property within the city, and all
personal jiroperty of the inhabitants thereof, made taxable
by the laws of the state for state and county purposes, to
defray the general and contingent expenses of the city not
herein otherwise j^rovided for, which taxes shall constitute
the general fund.
CITIES. 40s5
Second. — To annually levy and collect a school tax not scheoi tax.
exceeding ten mills on the dollar, on all property taxable for
state and county purposes, for purchasing ground for school
houses, building and repairing school houses and support-
ing and maintaining schools.
Third. — To levy and collect taxes not exceeding five mills interest tax.
on the dollar per annum on all property subject to tax-
ation, to meet the interest accruing on the debt of the
city. And the city council shall pass no ordinance or reso-
lution incurring or creating a debt, without at the same
time making provisions for the levying a tax sufficient to
meet the payment of the interest accruing thereon when
payable.
Fourth. — To annually levy and collect taxes on all prop- PuWic buildings
erty subject to taxation, when required for the erection of a ^^'^'
city hall, markets, hospital, city prison or work -house, the
purchase of market grounds, public squares or parks, or any
other public improvement : Provided., the estimated cost of
a city hall, work-house or market house may be apportioned
by the city council and collected by a series of annual as-
sessments. But the cost of market grounds, markets, pub-
lic squares or other improvements may be levied and
collected upon all the real estate and other property in the
natural division of the city in which they are located. No
local improvements under this section shall be ordered in
any division of the city unless a majority of the aldermen
thereof shall vote for the same. But no tax or taxes
shall be levied in any one year, under this section, which
shall exceed five mills to the dollar on the property assessed
for any or all the purposes herein specified. The revenues
arising from such market or other improvements shall be
applied to the liquidating the cost thereof, and taxes shall
be levied and collected to make up the deficiency.
Fifth. — To levy and collect upon all property in such Lights tax.
district as the city council shall, from time to time create, a
tax sufficient to defray one-half of the expenses of erecting
lamp posts and lamps, and lighting the streets in such dis-
trict, and the tax thus collected shall be exclusively expended
for such purposes in the district paying the same.
§ 42. Section twelve of chapter seven of the city char- special tax.
ter shall be so amended that the special tax therein provided
for shall not exceed five mills on the dollar per annum.
ASSESSMENT AND COLLECTION OF TAXES.
§ 43. The city council shall have power, by ordinance, Formsofasses
to prescribe the form of assessment lists and prescribe the ™®^^^-
duties and define the power of assessors. They may also
make such rules and give such directions in relation to re-
vising, alternig or adding to the lists as they may deem
proper and expedient.
406 CITIES.
Annual assess- § 44. The annual assessment lists shall be returned by
mentiist ^^^ assGSSor, on or before the first Monday in August in each
year, but the time may be extended by order of the city coun-
cil. On the return thereof the city council shall fix a day
for hearing objections thereto ; and the city clerk shall give
notice of the time and place of such hearing, by publi-
cation in the newspaper publishing the ordinances of the
city, and any person feeling aggrieved by the assessment
of his property may appear, at the time specified, and make
his objections. The city council shall have power to supply
omissions in said assessment lists, and, for the purpose of
equalizing the same, to alter, add to, take from, and other-
wise correct and revise the same, or to refer the same back
to the assessor, with instructions to revise and correct the
same.
Order for wnr- § 45. When the asscssmcnt lists have been corrected and
rant. revised, the same shall be filed, and an order confirming the
same and directing the warrant to be issued for the collec-
tion thereof, shall be entered by the clerk. The city coun-
cil shall thereupon, by an ordinance or resolution, levy such
sum or sums of money as may bo sufficient for the several
purposes for which taxes are herein authorized to be levied,
not exceeding the authorized per centage, particularly speci-
fying the purposes for which the same are levied, and if
not for general purposes, the division of the city upon
which the same are laid.
Taxes shall bea § 46. All taxes and assessments, general or special, levied
hen. ^jj. assessed by the city council under this act, or any ordi-
nance in pursuance thereof, shall be a lien upon the real
estate upon which the same may be imposed, voted, or
assessed for two years, from and after the corrected assess-
ment lists shall be confirmed or the passage of the order for
assessment, and on personal estate from and after the delivery
of the warrant for the collection thereof, until paid, and no sale
Sale or transfer, or transfer shall afl^ect the lien. Any personal property
belonging to the debtor, may be taken and sold for the pay-
ment of taxes on real or personal estate, and the real estate
shall be liable for the taxes on personal estate in case of
removal, or when the tax can not be made out of the per-
sonal estate in the same manner as is ]>rescribed by the laws
Proviso. of the state: Provided, that in case the collection of any
assessment shall be delayed by injunction or other judicial
proceedings, the same shall continue alien, unless set aside,
upon the real estate for the period of two years from and
Injunction. after the final disposition of such injunction or other judi-
cial proceeding.
Clerk shall is- § 47. The clcrk sluiU is=ue a Warrant or Warrants for the
sue warrant, ^axes, and rule therein separate columns, in which the tax
levied shall bo respectively set down opposite the name of
the person or such real estate subject thereto. Each column
shall be headed with the name of the tax therein set down.
CITIES. 407
§ 48. All warrants issued for the collection of general or copies of as-
Bpecial taxes and assessments, shall be signed by the mayor -"Q^s^ient usts.
and clerk, with the corporate seal thereto attached, and shall
contain true and perfect copies of the corrected assessment
lists upon which the same may be issued. They shall be
delivered to the collector for collection within thirty days collection of
after the filing of the corrected lists, unless further time for *'*^^''"
this purpose shall be given by the city council. If not other-
wise paid, the collector shall have power to collect said
taxes, with interest and costs, by suit in the corporate name
or by distress and sale of personal property, as aforesaid,
after a demand and refusal to pay the same: Provided^ a
notice published by the collector for two weeks in the news-
paper publishing the ordinances of the city shall be deemed
a demand, and a neglect to pay taxes for twenty days there-
after shall be deemed a refusal. The assessor's list shall in
all cases be evidence on the part of the city.
§ 49. All taxes and assessment^, general or special, shall ^H^^^^ °^ *=°^-
be collected by the collector in the same manner and with
the [same] power and authority as is given by law to collec-
tors of county and state taxes. He shall pay the same as
fast as collected into the city treasury, and his liabilities
in case of default or misconduct, shall be the same as
prescribed by law: Provided, the. city council shall have
power to prescribe the powers, duties and liabilities of
collectors by ordinance.
§ 50. In case of the non-payment of any taxes or assess- Non-payment of
ments, levied or assessed under this act, on any real estate, ^^'
the premises may be sold for the payment thereof at any
time within two years after the confirmation of the assess-
ment by the city council. Before any such sale, an order
shall be made by the city council, which shall be entered at
large in the journals or record kept by the clerk, directing
the collector to sell, particularly describing the delinquent saie of premi-
premises to be sold, and the assessment for which the sale ^*^"
shall be made, a certified copy of which order, under the
corporate seal, signed by the mayor or presiding officer and
clerk, shall be delivered to the collector, which, together
with the warrant, shall constitute the process upon which
such sale may be made, which order, so made by the city
council, as aforesaid, shall have the same force and effect as
similar orders made by county courts for the sale of delin-
quent lands under the laws of the state.
§ 51. The collector shall then advertise such premises in Advertisement
the newspaper publishing the ordinances of the city for sale,
at least thirty days from and after the first publication of
such notice, describing 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 sales. Notice to be
and one publication of such notice in said newspaper shall ^^^°*
408 CITIES.
be sufficient. The proceedings may be stopped at any
time, on tiie payment of the taxes or assessment and inter-
est and costs. The city council shall have the power, by
ordinance, to fix tlie publisher's fees for publishing the no-
tices under the provisions hereof, and shall also have the
power, by ordinance, to fix the fees and compensation of all
officers under the provisions of this act.
Manner of con- § 52. The city council shall have power, by ordinance,
• ducting sales, to prescribe the manner of conducting all sales under the
provisions hereof. The sale shall be made for the small-
est 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 and assessments thereon, with interest and costs
Duplicate cer- 0*' ^i^^®. Duplicate certificates of sale shall be made and
tificates. subscribed by the collector, one of which shall be delivered
to the purchaser and the other filed in the office of the clerk,
Name of pur- which certiticate shall contain the name of the purchaser, a
chaser. description of the premises sold, the amount ot taxes or
assessments, with the interest and expenses for which the
same was sold, and the time when the right to redeem will
expire. The clerk shall attend all sales of real estate made
under the provisions hereof, and keep a record of such sales,
which shall be open to public inspection at all reasonable
times.
Redemption, § 53. The right of redemption in all cases of sales for
taxes or assessments, shall exist to the owner, his heirs,
representatives, creditors and assigns, to the same extent as
is allowed by the laws of the state in cases of sales of real
estate for state and county taxes, on payment to the city
clerk, in specie or United States legal tender notes, of
double the amount for which the same were sold; and all
. taxes accruing subsequent to the sale, which may have been
paid by the purchaser and interest at ten per cent, on the
subsequent taxes so paid by the purchaser, "When the pur-
chaser of any real estate under the provisions hereof shall
pay any city or other taxes on the premises, accruing sub-
sequent to the sale he shall exhibit to the city clerk his
receipt for such taxes, and the clerk shall thereupon make a
note thereof on the record of sales opposite to the description
of the promises, of the amount thereof and date of payment ;
and the amount so appearing upon the record shall be conclu-
sive evidence of the amount of subsequent taxes paid by the
purchaser, and shall govern the city clerk in cases of re-
demption. Upon the redemption of any real estate so sold
the city clerk shall execute and deliver to the party re-
deeming a certiticate of redemption, and shall make a special
deposit thereof with the treasurer, takitig his receipt there-
Minovs and wo- for. If the real estate of any infant or lunatic, be sold
under this act the same may be redeemed at any time within
one year after such disability shall be removed, "but the right
oi femme coverts to redeem shall bo barred the same as
CITIES. 409
other persons. If any real estate sold under the provisions
hereof, shall not be 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 pre-
siding officer of the city council, and countersigned by the
clerk, conveying to sucii purchaser the premises so sold
and unredeemed as aforesaid. An abstract of all deeds so
made and delivered shall be entered, by the clerk, in the
book wherein tax sales are recorded.
§ 54r. The assignee of any tax certificate of any prem- Assignee of ta
ises 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, such certificates of purchase
being hereby expressly made assignable.
§ 55. If at any sale of real or personal estate for taxes saietobemade
or assessments no bid shall be made tor any parcel of land, tain cLls. ^^'^'
or any goods and chattels, the same shall be struck oft' to the
city, and thereupon 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.
§ 56. All deeds made to purchasers of lots sold for taxes Deeds primafa-
or assessments, by order of the city council, under the pro- reguraVlfy^^^of
visions hereof, shall be prima facie evidence that all the ^'^^^''^
proceedings respecting the assessment and collection of the
taxes and assessments and sales made were regular and in
conformity to the provisions of this act and the ordinances
of the city council.
§ 57. The city council shall also have power to provide Judgments for
by ordinance any other plan or proceedings providing for texe"?*^^"*
the assessment, levy and collection of the diti'erent taxes
authorized by this act ; and shall have full power and au-
thority to provide, by ordinance, for obtaining of judg-
ments for delinquent taxes, and the advertisement and sale
of property, real and personal, for such delinquent taxes,
and the conveyance and confirmation of titles thereto, not
inconsistent with the constitution of this state.
§ 58. The provisions of the city charter, and ordinances Taxes ©fisee to
made in pursuance thereof, respecting the assessment and '^^ '■*'"" ^°'''=^'
collection of taxes shall continue to be in full force and ef-
fect with respect to the taxes of the year 1866, or any pre-
vious year, anything in this act to the contrary notwith-
standing.
BOARD OP HEALTH.
§ 59. The city council shall have power to annually ap- Board of health,
point three or more commissioners, one of whom shall be an
efficient practicing physician, and shall be styled "city
physician," as a board of health, and the mayor or presiding
Vol. 1—27
officers.
410 CITIES.
officer of the city council shall be president of the board,
and the city clerk shall be their clerk and keep minutes of
its proceedings, and any member of the city council may
be a member of the board of health.
Duties of health § GO. It shall be the duty of the health officers to visit
sick persons who may be reported to them as hereinafter
provided, and to report with all convenient speed their
opinion of the sickness of such person to the clerk of the
board ; and to visit and inspect all houses or places in
which they may suspect any person to be confined with any
pestilential or infectious disease, or to contain unsound pro-
visions, or damaged or putrid animal or vegetable matter, or
other unwholesome articles, and to make report of the state
of the same, with all convenient speed to the clerk of the
board.
§ 61. All persons in the city, not residents thereof, who
may be infected with any pestilential or infectious disease,
or all things which in the opinion of the board shall be in-
fected by or lainted with pestilential matter and ought to
be removed, so as not to endanger the health of the city,
shall by order of the board be removed 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
compensation.
§ 62. The city council shall have power to prescribe the
regulations of powci's and duties of the board of health, and to punish by
board. j^^^Q QY imprisonment, or both, any refusal or neglect to
obey the orders and regulations of the board.
Additional du- §63. The health officcrs may bc authorized by the city
offica°r! "^^'^^"^ council, whcu the public interests require, to exercise for
the time being such ot the powers and perform such of the
duties of the marshal or supervisor 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.
Duties of prac- § 61r. Evcry pcrsou practicing physic in 1 his city; who
ck!n.9. ''^^'''' ^^^^^^ have a patient laboring under any malignant, infec-
tious 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 a misdemeanor, and
liable to a fine of hfty dollars, to be sued for and recovered
with costs, in an action of debt, in the name of the city, in
any court having jurisdiction thereof, for the use of the city.
Penaltie.s for
SCHOOLS AND SCHOOL FUND.
Schools. § 65. All that part of township number twenty, north of
range number two west of the third principal meridian, and
CITIES. 411
township number twenty, north of range number three west of
third principal meridian, lying within the corporate limits
of the city of Lincoln, as established by this act, with such
other parts of either of said townships as may be hereafter
incorporated with and come within the jurisdiction of said
city, is hereby created into a common school district to be
known as the " Lincoln school district."
§ 66. All school lands, school funds, and other real and Lands and
personal estate, notes, bonds or obligations belonging to ^"'"^^•
township number twenty, north of range number two west
of the third principal meridian, and township number
twenty, north of range number three west of the third prin-
cipal meridian in Logan county, Illinois, held or owned for
school purposes, shall be divided between the city of Lin-
coln and the portions of the said townships without the lim-
its of said city, in the proportion and in the manner follow-
ing, to-wit : The city council of the city of Lincoln, and
the trustees of each of said townships shall, within three
months from the passge of this act, appoint each one com-
missioner, who shall be respectable householders ; the one
appointed by the city council shall be a resident of the city,
and the one appointed by said trustees of township twenty,
in range two, to be a resident thereof, and the other to be a
resident of said township twenty in range three, who, after
being duly sworn well and truly to perform their duties,
shali proceed to ascertain, as nearly as may be, the whole
number of white persons under the age of twenty-one
years residing in the whole of each of said townships, and
the whole number in said city, and in each of the parts of
said city, within the respective townships, and report the
same to the city council and to the board of trustees of the
respective townships ; and thereupon the trustees of each
of said townships shall select one of their number, who
shall meet the mayor of the city of Lincoln at the city
council room in said city within thirty days after said report
shall have been made; and the two trustees so selected, to
gether with the mayor of said city, shall then and there
divide and apportion the aforesaid township fund, and real
and personal estate, notes, bonds and obligations, between
said city and said townships without the city, in the propor-
tion of and according to the number of persons aforesaid
residing within the city and without the city in the said
townships respectively, as aforesaid; and they shall have
power, and it is hereby made their duty, to make partition
of and divison of all the funds and real and personal estate
belonging to the said townships, between the city and the
portions of the townships without the city, in the propor-
tions aforesaid, and, having completed the same, shall make
a full return of their proceedings to the city council and to
the trustees of each of said townships. In case the com-
missioners, whose appointment is provided for herein, shall
ref'ise or neglect to perform their duties, the trustees of said
townships and said city council shall appoint others in their
stead, who shall be chusen, sworn and perform the like du-
ties assigned to the first commissioners ; and said trustees
and city council shall have power to Ull vacancies and make
appointments until the objects of this act are carried intoeffect.
§ 67. The trustees of schools of said townships, shall
upon such division, partition and return being made, pay
over and deliver to the treasurer of the city of Lincoln,
the funds and other personal estate, and make, execute and
deliver to the city of Lincohi, all necessary deeds and other
conveyances for the distributive share of the real estate of said
townships, to which the said Lincoln school district may be
entitled, according to the division and distribution aforesaid.
§ 68, The commissioners appointed by the city council
shall take the enumeration under the provisions hereof, within
the city, and the connnissioner appointed by said trustees
shall take the enumeration of their respective townships
without the city ; and if after the commissioners appointed
by the city council shall have completed the enumeration
within the city, the said township trustees, or either of them,
shall have failed to appoint commissioners, it shall be the
duty of the mayor of said city to give the trustees so failing,
notice in writing of the completion of tlie enumeration by
the commissioner appointed by the city council, and if
said trustees so failing, shall not within thirty days after
■ such notice, appoint a commissioner or commissioners who
will act, then the commissioner appointed by the city coun-
cil shall proceed to take the enumeration of the township
or townships whose trustees shall have so failed, and make
his report as herein provided for.
§ 69, If after such commissioners shall have reported
as provided for in the sixty-sixth and sixty-eighth sections
hereof, either of said township trustees shall fail to elect
one of their number who will meet and make partition and
division as herein provided for, then the mayor of said
city and the other trustees selected, shall meet at the place
aforesaid, and make partition and division under the provi-
sions hereof, and such partition and division so made shall
be binding upon the city and both of said townships ; and
if the trustees of both of said townships shall fail or refuse
to select one of their number as aforesaid, then the mayor
of said city, shall on behalf of the city of Lincoln petition
the circuit court of Logan county, setting forth the facts
in the premises ])raying for a partition and division in the
proportion })rovided for in this act; and said court shall
make such order and decree as will fully carry out the
objects of this act with respect to such partition and division ;
and may order that the master in chancery convey to the
city of Lincoln such proportionable share of real estate as
may seem just and proper to the court ; and all the costs of
such petition, shall be paid by said township trustees out of
their individual funds ; and the costs of taking the enumera-
tion under the provisions hereof shall be paid as follows :
one-third by the city and one-third by each of said town-
ships.
§ 70. It shall be the duty of the city council to cause
an abstract of the whole number of white children under
the age of twenty-one years, within the limits of Lincoln
school district, to be made and furnish the same with such
other information as is required in an act to establish and
maintain a system of free schools, in the state of Illinois, as
amended February 16, 1865, to the county superintendent
of schools, for Logan county, within the tiine mentioned in
said act; and the said superintendent of schools shall pay
annually, to such officer of the city of Lincoln, as the city
council shall by ordinance, resolution or order, direct, the
proportion of all funds to which the said Lincoln school
district may be entitled that are or may be in his hands,
subject to distribution in accordance with the provisions of
the school law now in force, and the provisions of this act;
but no abstract shall be required to be returned to said
superintendent of schools, oftener than is required by law
in other school districts.
§ 71. The school land school fund and other property Property, etc.
of the Lincoln school district, shall be vested in the city of
Lincoln. The city council shall have power at all times, to
do all acts and tilings in relation to said school fund and
other property, which they may think proper to their safe
preservation and efficient management, and sell or lease
said lands and all other property which may have been or
may hereafter be donated to the school fund, on such terms
and at such times as the city council may deem most
advantageous, and on such sale or lease, to make, execute
and deliver all proper conveyances, which said conveyances
shall be signed by the mayor or presiding officer, and coun-
tersigned by the clerk and sealed with the corporate seal ;
the proceeds arising from such sale, shall b6 under the entire
custody, management and control of the city council
and may add it to the school fund, and when so added it
shall constitute a part thereof
§ 72. Nothing shall be done to impair the principal of interest.
the school fund, or to appropriate the interest accruing from
the same to any other purpose than the payment of teacliers
in the public schools of the district, and should there be
any surplus of interest, it shall be carried to and form a
part of the school fund.
§ 73. The city council shall have power,
Kor^t. — To erect, hire or purchase buildings suitable for Houses,
school houses and keep the same in repair.
tSecond. — To buy or lease sites for school houses with the Grounds,
necessary grounds.
J:li CITIES.
^appSul^"** . Third.— To furnish schools with the necessary fixtures,
furniture and apparatus.
Fourth. — To maintain, support and establish schools, and
supply the inadequacy of the school fund for the payment
of teachers, from the school taxes.
Fifth. — To hire, em])loy and fix the amount of compen-
sation to be allowed to teachers.
Sixth. — To prescribe the school books to be used and the
studies to be taui^ht in the different schools.
Seventh. — To lay off and divide the city into snialler
school districts, and, from time to time to alter the same, and
create new ones as circumstances may require,
Fighth.—To classify the teachers as principals and first,
second and third male or female assistants, and so on, or in
such other manner as they may prescribe by ordinance.
Ninth. — The city council shall be, ex officio., inspectors of
schools ; but they may appoint as many inspectors, to be
denominated "A Board of School Inspectors" as they may
by ordinance provide, not less than three nor more than
seven in number, also three trustees of schools in each district,
Officer.^. and such other school officers as they may from time to
time see proper ; and shall also have power to establish and
prescribe the powers and duties of each.
Tenth. — To take or receive in law or equity in tlie cor-
porate name, and for and in behalf of " Lincoln School
'eto^' "'■'*°*^' District," any estate, real, personal or mixed, by the gift,
grant, bargain and sale, conveyance, will, demise, or bequest
of any person or persons whomsoever, and the saine estate
whether, real, personal or mixed, to grant, bargain, sell,
convey, demise or place at interest or otherwise dispose of,
for the use and benefit of said Lincoln school district: Pro-
vided., that such donation, devise or bequest, shall be
applied in conformity with the will, desire and express con-
ditions of the donor or devisor.
Management _ Fleventh. — And generally to have and possess all the
and govern- • i . i i •, « .
ment. ' rights, powers, and authority necessary for the proper
management of 'schools, and the school lands and funds
belonging to said school district, with power to enact such
ordinances as may be necessary to carry their powers and
duties into effect.
^^ind''""'' °^ ^ '^'^' "^'^^ ^'^■'^ council shall cause all funds not needed
for immediate use, to be loaned at the highest rate of inter-
est j)racticable, not exceeding ten per cent, per annum,
payable semi-annually in advance ; and no loan shall be
made for a longer period than five years, and all loans
exceeding one hundred dollars, shall "be secured by unin-
cumbered real estate of double the value, at least, of the
sum loaned, exclusive of the value of the perishable imjirove-
ments thereon; for sums less than one hundred dollars,
two good securities beside the principal shall be reqrircd.
CITIES. • 4J5
§ 75. All expenses of preparing and recording securi- Expense?.
ties shall be paid exclusively by the borrower.
§ 76. All notes and securities shall be taken to the city Notes and secu-
of Lincoln, tor the use of the inhabitants of said city for
school purposes; and in that name all suits, actions and
every description of legal proceedings may be had.
§ 77. In the payment of debts of deceased persons, indebtedness,
those due the school fund shall be paid in preference to all
others, except expenses attending the last illness and fune-
ral of the deceased, not including the physician's bill. If
default be made in the payment of interest or of the principal
when due, interest at the rate of fifteen per cent, upon the
same, shall be charged from the person failing to pay, and
may l3e recovered by suit or otherwise. Suit may be brought
for the recovery of interest only when the principal is not
due.
§ 78. All judgments recovered for interest or principal Judgments.
or both, shall respectively bear interest at the rate of ten
per cent, per annum, from the rendition of judgment until
paid, and in case of the sale of real estate thereon, the city
of Lincoln may become the purchaser thereof, for the use
of schools, and shall be entitled to the same rights given
by law to other purchasers. On redemption, ten per cent,
interest shall be paid from the time of sale.
§ 79. No costs made in the course of any judicial pro- costs
ceeding in which the city of Lincoln, for the use of schools,
may be a party, shall be chargeable to the city.
§ SO, If the security on any loan should at any time Loans,
before the same is due, become, in the judgment of the city
council insecure, the mayor or other officer of the city shall
notify the person indebted thereof, and unless further satis-
factory security be forthwith given by the debtor, judgment
may be recovered thereon as in other cases, although no
conditions to that effect be inserted in the note or other
security.
§ 81. The city council shall annually publish, at such ^o"rSne°s °^
times as may be prescribed by ordinance, in the newspaper
publishing the ordinances of the city, a statement of the
number of pupils instructed in the year preceding, the sev-
eral branches of education pursued by them, and the receipts
and expenditures of each school, specifying the sources of
such receipts and the object of such expenditures.
§ 82, The school tax shall be paid into the city treasury Tax.
and be kept a separate fund for the building of school
houses and keeping the same in repair, and supporting and
maintaining schools.
§ 83. No person who is not a bona fide resident of the ^^^t'^^n'.^wed'to
city of Lincoln, shall be permitted to attend the schools attend schools
within the city unless by the special permission of the city
council, nor in any case unless upon the payment into the
city treasury of a reasonable tuition fee.
4:16 CITIES.
^o"fd'roounc" k ^^" 'Tlie city council of the city of Lincoln shall have
and exercise all the powers, privileges and immunities con-
ferred upon the board of education of Lincoln school dis-
trict, not inconsistent with the provisions of this act by
virtue of an act entitled ''An act for the establishment of a
system of graded schools in the city of Lincoln," approved
February 16, 1865 ; and all the provisions of said act incon-
sistent with the provisions of this act are hereby expressly
repealed: Provided, hoiuevei\ that the members of the board
of education now in office, under the provisions of said act,
shall continue in office until after the next annual election in
said city for the election of city officers, and shall do and per-
form all the acts, and shall have the same powers until after
said annual election as if said act had not been repealed;
and all actions, rights, fines, penalties and forfeitures, in
suit or otherwise, which may have accrued to said board of
education, under the provisions of the act creating such
board, or any contract, by-law, rule or regulation of said
board, shall be vested in and prosecuted by the city of Lin-
coln for the use of schools ; and all property, real, personal
or mixed, or choses in action belonging to said board of
education, is hereby vested in the citj of Lincoln for school
purposes; and all valid and legal debts, liabilities and obli-
gations incurred by said board of education, shall be
assumed and paid by the city of Lincoln.
MISCELLANEOUS.
Rubicon
course.
water § 85. Tho Water course known as the Rubicon, and all
other natural drains or water courses within the limits of
the city, shall not be filled up, altered or changed, except
in the manner prescribed by the city council ; and the city
council shall have power to establish and direct and pre-
scribe the manner of altering, changing and straightening,
and to wall, fill up, culvert or sewer the same.
*^o7cfty"councii . ^ ^f" ^^ "^"^'^ ""^ ^^^\^\orv ciglit of chapter eight, of the
city charter as prohibits the members of the citv council
from receiving any compensation for their services, shall be
and the same is hereby amended so as to allow the mem-
bers of the city council to receive such compensation for
their services as the city council may by ordinance direct:
Provided, that no meml)er of the city council shall receive
more than two dollars f..r each meeting of the city council;
and if any member shall be absent from any meeting of the
city council, he shall not receive pay for that meeting. The
mayor of said city shall receive such compensation for his
services as the city council may by ordinance direct: Pro-
vided, that his salary shall not exceed the sum of one thou-
sand dollars per annum.
^STomdT ^ ^ ^"- '^'.'^ ""'^^ "^" Lincoln shall not be liable for any
walks, etc. damages or injury arising from the bad condition of the side-
CITIES. 417
walks, streets, alleys or highways of the city, by reason of
the neglect of the proper officers of said city to repair the
same, until the street commissioner of said city shall have
been notified thereof, and shall have failed to repair the
same within a reasonable time after such notice.
§ 88, The county court of Logan county shall cause an county court
accurate account to be kept of all expenditures made for tnres.^^^^^'^''
county purposes, and shall charge all expenditures made
for county purposes, excepting for the making and repairing
of roads and highways and the building and repairing of ^fj|^i^*J^ """^
bridges in said county without said city, rateably to said
county, and to the city of Lincoln, in proportion to the taxes
collected for county purposes within said city, and in the
county without said city, and paid into the county treasury
by each respectively, and the surplus of all taxes which may
be collected for county purposes, after making the charges
to the city and county, in the manner herein required,
shall be divided between the said city and the said county,
in proportion to the amount of taxes collected for county
purposes within said city and in the county without said
city, and paid into the county treasury by each respectively;
and the county judge of said county and mayor of the city
of Lincoln, shall ascertain the proportion of taxes to be Payment of tax
paid to the city of Lincoln under the requirements of this
section, and as soon thereafter as the county taxes shall be
paid into the county treasury, the treasurer of said county
shall pay to the treasurer of the city of Lincoln the propor-
tion of said taxes to which the said city may be entitled
under the provisions of this section, and the same shall be
exclusively expended by said city in improving and repair-
ing the streets, alleys and highways, and in building and
repairing of the bridges within the city.
§ 89. In all suits, actions and prosecutions for the recov- suits, actions
ery of any fine, penalty or forfeiture incurred under the 1^005.^'°^^""*
charter or ordinances of the city, process may be issued
returnable instanter, and such process shall state substan-
tially the nature of the offence or offences charged, and the
title of the ordinance and the section or sections, or clause
of the charter or ordinance, under which the same is claim-
ed, such process may be issued upon the information of
the mayor, the marshal, or any police ofiBcer in his official
capacity, and upon information upon oath by any other
person.
§ 90. The city may sue and declare for several fines, suits for vi.ia-
penalties or forfeitures for violations of the charter or ordi- charter. ^^ ^
nances of the city, and recover judgment for as many
offences as may be proven, not exceeding the jurisdiction
of the court, and may prove any offence committed before
the commencement of the suit.
§ 91. The city shall not be liable for costs when the c^ty *o^be^^'*bia
defendants are acquitted, or in any other case arising under certwa oases.
418 CITIES.
the charter or ordinances of the city, and the city council
may provide for the payment to the city justice of the peace
and other police officers of a sum in gross in lieu of all fees
and costs and charges against the city.
Forma of pro- § 92. The city council shall have the power to prescribe
*^®^^" the forms of process to be used in and rules of practice for
the government of police courts in the city.
Change of saia- § 93. The fourth scction of chapter two of the city
^'^s^and emoi- (jj^g^j-tg^. jg hereby so amended that the city council shall
have the right to at any time change the emoluments, sala-
ries and fees of all city officers whose emoluments shall
have been fixed by the motion, order or resolution of the city
council, but in all cases where the emoluments and salaries
of cit}'- officers shall have been fixed by ordinance, the same
shall not be changed or altered so as to affect any officer
during the term of his office.
Duties of oyvn- § 9i. All owucrs or ticcupauts of lots or lands in front
walks/ ek."^^" of, adjoining, or upon whose premises the city council shall
order and direct sidewalks or private drains communicating
with any main drain, to be constructed, graded, repaired,
relaid or cleansed, or shall declare any such lands or lots to
be nuisances and order the same to be graded, filled up and
drained, or otherwise improved, shall make, grade, repair
or relay such sidewalk or make, repair or cleanse such pri-
vate drain, or grade, fill up, drain, or otherwise improve
such lot or land, at their own cost and charges within the
time and in the manner prescribed by ordinance, order or
otherwise; and if not done within the time and in the man-
ner prescribed, the city council may cause the same to be
constructed, repaired, relaid, cleansed, filled up, graded,
drained, or otherwise improved, and assess the expense
thereof by an order to be entered in their proceedings, upon
the lots and land respectively, and collect the same by war-
rant and sale of the premises as in other cases. A suit
may also bo maintained against the owner or occupant of
such premises or other party liable therefor, in the name of
the corporation in an action of debt, for the recovery of
such expenses as for money paid and laid out to his use, at
his request.
Assessments § 95. In all cascs wlicrc expenses may be incurred by
the city in the removal of any nuisance, the city council
may cause the same to be assessed against. the real estate
chargeable therewith, in the same manner ])rescribed in the
foregoing section and the charter of the city ; and such
expenses may be likewise collected of the owner or occu-
pant of such premises in a suit in the name of the corpora-
tion, in an action of debt for money expended to his or their
use, and suit nuiy in like nuinner be brought for such expen-
ses against the author of such nuisance, if known, or any
person whose duty it may be to remove or abate the same.
against real
estate.
4:19
§ 96. All acts or parts of acts in conflict herewith, are Pnor conflict"
hereby expressly repealed; but all actions, rights, lines, repealed,
penalties and forfeitures in suit or otherwise, w^iich have
accrued under any provision of the city charter or ordinan-
ces of the city of Lincoln, in conflict herewith, shall not
abate, but shall be prosecuted, enforced, imposed and collec-
ted, the same as if such provision or provisions of the city
charter and ordinances had not been repealed, annulled or
modified, and all ordinances, orders and resolutions of the
city council shall remain in full force and efl'ect until altered,
modified or repealed by the city council.
§ 97. All property described in this section, and wdiich Exemption
may be within the limits of the city or belong 'to the city, ^"""'^ taxation.
shall be exempt from taxation of all kinds, whether state,
county or municipal, that is to sa}^ —
jHrst. — All public school houses, houses used for public schooihouses.
worship, the books and furniture therein, and the grounds Books and pro-
attached to such buildings, necessary for the proper occu- ^®"^*
pancy, use and enjoyment of the same, and not leased or
otherwise used with a view to profit. All colleges, acade-
mies or other institutions of learning, all endowments made
for their support, all buildings, books, furniture, and other
apparatus connected with the same; also, the libraries, books. Apparatus,
furniture and other apparatus belonging to all scientific and
literary societies; also, all lands connected with such insti- Lands,
tutions and not used with a view to profit.
Second. — All lands used exclusively as cemeteries or cemeteries.
grounds for burying the dead.
■ Third. — All buildings belonging to the city with the Real property.
grounds on which such buildings are erected ; also, all other
real property belonging to the city.
Fourth. — All personal property belonging to the city. ^pIf°yT^ "^^^
§ 98. This act shall be deemed a public act, and may be Evidence of act.
'read in evidence without proof, and judicial notice shall be
taken thereof in all courts and places, and shall take efl'ect
and be in force from and after its passage.
Approved February 21, 1867.
AN ACT granting a new charter to the city of Decatur, and to reduce the In force Feb
several acts incorporating said city, into one act. 21, 1S67.
ARTICLE I.
Section 1. Be it enacted hy the People of the State of
Illinois., represented in the General Assembly, That the
following district of country shall be included within the
boundaries of the said city of Decatur, namely : The south- Boundaries.
east quarter and the east half of the southwest quarter of
420 CITIES.
section ten (10), and tlie southwest quarter and the west
half of the southeast quarter and the southeast quarter of
the southeast quarter and the southwest quarter of the
northeast quarter and the south half of the northwest quar-
ter of section eleven (11), and the west half and the west
half of the northeast quarter and the west half of the south-
east quarter and the southeast quarter of the northeast
quarter and the northeast quarter ot the southeast quarter
of section fourteen (14), and the east half and the east half
of the northwest quarter and the north half of the south-
west quarter and the southeast quarter of the southwest
quarter of section fifteen, and the west lialf of the north-
east quarter of the northwest quarter of section twenty-
three, all in township sixteen north, range two east of
the third principal meridian, together with such other addi-
tions of land as may hereafter be joined and annexed to
said city.
Name and style. § 2. The inhabitants of said city shall be a corporation
by the name and style of the " City of Decatur," and by
that name shall 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 benefit of the city.
Wards. § 3. The city of Decatur shall be divided into four
wards, the boundaries of which shall be fixed by the city
council, and may be by the city council changed from time
to time as they shall see fit, having i^egard to the number of
her free white male inhabitants, so that each ward shall
contain, as near as may be, the same number of free white
male inhabitants. The city council may make and create
additional wards as occasion may require and fix the bound-
aries thereof,
ARTICLE II.
OFFICERS THEIR ELECTION AND APPOINTMENT.
§ 1. The municipal government of the city shall consist
of a city council, to be composed of the mayor and two
aldermen from each ward, the other officers of the corpora-
tion shall be as follows : A city marshal, a city treasurer, a
city assessor, a city collector, a city surveyor and engineer,
who shall be elected at the time and in the manner of the
election of mayor and aldermen. There shall also be ap-
pointed by the city council, a city register and a city super-
visor, and such other servants and agents of the corporation
as may be provided by ordinance, to be appointed by the
mayor, subject to the confirmation of the city council, and
to perform such duties as may be prescribed by ordinance.
CITIES. 421
§ 2. All officers elected under this act, except aldermen, Term of office.
shall hold their offices forgone year and until the election
and qualification of their successors respectively. All other
officers mentioned in this act and not otherwise specially
provided for shall be appointed by the city council, as afore-
said on the third meeting of the council in each year
after the regular election, or as soon thereafter as may be,
but the city council may specially authorize the appoint-
ment of watchmen and policemen, by the mayor, to con-
tinue in office during the pleasure of the city council :
Provided^ the mayor may remove them from office
for good cause shown. All officers elected or appointed to
fill vacancies, shall hold for the unexpired term only and
until the election or appointment and qualification of their
respective successors.
§ 3. The several wards of the city shall be represented Representation
in the city council by two aldermen from each ward, who
shall be bona fide residents thereof and hold their offices
for two years from and after their election, and until the
election and qualification of their successors: Provided^
that each alderman shall be a freeholder in the city. They
shall be divided into two classes, consisting of one from
each ward, so that one from each ward shall be annually
elected. At the first meeting of the city council after the
first election held under this act, the aldermen shall be di- Division of ai-
vided into two classes by lot. The terms of office of those ®™®°'
of the first class shall expire in one year, and those of the
second class in two years; and at every annual election
after the first held under this act, there shall be one alder-
man elected in each ward to represent such ward in the
city council.
§ 4. If from any cause there shall not be a quorum of Pl=^ce of eiec-
aldermen, the register shall appoint the time and place of
holding a special election to supply such vacancies, and 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 officers herein required to be
elected, the city council may forthwith order a new election.
§ 5. Any officer elected or appointed to any office may Removals from
be removed from such office by a vote of two-thirds of all °*"'
the aldermen authorized by law to be elected, but no officer
shall be removed except for good cause unless first fur-
nished with the charges against him and heard in his own
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 proceed Tmu, etc
within ten days, to hear and determine the merits of the
case, and if such officers shall neglect to appear and answer
to such charges, then the city council may declare the office
vacant : Provided^ this section shall not apply to any officer
422
New election in
case of vacancy
Qualifications of
office holders. ,
appointed by the city council, sucli officers may be removed
at any time by a two-thirds vote, as aforesaid, in their dis-
cretion ; but any officer may be suspended until the disposi-
tion of all charges preferred, and during such suspension
the city council shall till the vacancy by appointment :
Provided, further , that this section shall not apply to, nor
be construed so as to lessen the powers of the mayor as to
the removal of watchmen and policemen.
§ 6. Whenever any vacancy shall occur in the office of
mayor or alderman, such vacancy shall be tilled by a new
election, and the city council shall order special elections
within ten days after the vacancy shall occur. Any va-
cancy occurring in any other office may be filled by appoint-
ment of the city council, but no special election shall be
held to fill vacancies if more than nine months of the time
have expired.
§ 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, but no person shall be eligible
to any office under this act, or any other act in relation to
said city, who is now, or may hereafter be a defaulter to said
city or to the state of Illinois or to any other city or county
thereof. And any person shall be considered a defaulter
who has refused or neglected or may hereafter refuse or
neglect for thirty days after demand to account for and pay
over to the party authorized to receive the same, any pub-
lic money which may have come into his possession, and if
any such person holding any such office or place within this
city shall become a defaulter whilst in office, the office or
place shall thereupon become vacant.
§ 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 III
OF CITY KLKCTIOXS.
§ 1. A general election for all the officers of the corpo-
ration, required to be elected by this act or any ordinance
of the city, shall be held in each of the wards of the city
on the first Tuesday of March in each year, at such place
as the city council may appoint, and of which at least six
days' ])reviou8 public notice shall be given by written or
printed notices in three public places in each ward, or
by publication in the newspaper publishing the ordi-
nances of the city, by the city register : Frovided, that
nothing in this act contained shall be construed in any man-
ner to interfere with the official relations of the council and
officers now exercising their functions, as to the duration of
CITIES. 423
their term of service, but the same shall continue until it
expires, or such officer is removed tor cause, and the present
clerk and attorney shall give notice of the Urst election to
be held under the provisions of this act.
§ 2. The manner of conducting and voting at the elec- Manner of vo-
tions held under this act, and contesting the same, the keep- ""^''
ing of the poll lists, canvassing the votes and certifying the
returns, shall be the same, as nearly as may be, as is now or
may hereafter be provided by law at general state elections.
The voting; shall be by ballot and the iudsjes of election ^ ,^ ,. .
1 11 . 1 ^..1 i-u 1 1 i.1 1 Oaths of. jndges
shall take the same oath and have the same power and
authority as the judges of general elections. After the
closing uf the polls the ballots shall be counted in the
manner provided by law, and the returns shall be re-
turned sealed to the city register within three days after
the election, and thereupon the city council shall meet and
canvass the same and declare the result of the election.
The persons having the highest number of votes for any
office shall be declared elected. It shall be the duty of the Notifications.
city register to notify all persons elected or appointed to
office of their election or appointment, and unless such per-
sons shall, within twenty days thereafter, qualify, the office
shall become vacant : Provided, that the city council shall ^jP^gil™^''* °^
bave power, by ordinance, to regulate elections and the
appointment of judges thereof, and that the general law of
this state requiring the registration of voters' names prior
to elections, shall not apply in elections under this
charter. •
§ 3. No person shall be entitled to vote at any election who may vote.
under this act who is not entitled to vote at state elections,
and has not been a resident 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 be permitted to vote : " I swear (or affirm) that I
am of the age of twenty-one years, that I am a citizen of the
United States, or was a resident of this state at the time of
the adoption of the constitution, and have been a resident
of this state one year and a resident of this city six months
next preceding this election, and am now a resident and
have been for ten days last past, of this ward, and have not
voted at this election :" Fromded, the voter shall be
deemed a resident of the ward in which he is accustomed
to lodge.
§ 4. No election shall be held in any place where intoxi- pjaces of eiec-
cating liquors are vended by retail. *'°°'
§ 5. The persons entitled to vote at any election under No civil arrest
this ace shall not be arrested on any civil process within tioD°° ^^^^'
said city upon the day on which such election is held, and
424 CITIES.
all persons illegally voting at any election held under this
act, or the ordinances of the city in pursuance thereof, shall
be punishable according to the laws of the state.
ARTICLE IV.
POWKRS AXD DUTIES OF OFFICERS.
Oaths. § 1. Every person elected or appointed to any office
under this act shall, before he enters upon the duties of such
office, take and subscribe the oath of office prescribed in the
26th section of article 13 of the constitution of this state,
and that he will well and faithfully discharge the duties of
his office to the best of his ability, and file the same, duly
certified by the officer before whom it was taken, with the
city register.
Mayor. g 2. The mayor shall, before he enters upon the duties of
his office, in addition to the usual oath, swear or affirm, that
he will devote so much of his time to the duties of his
office as a faithful and efficient discharge thereof may re-
quire. He shall preside over the meetings of the city council,
and shall take care that the ordinances of said city are duly
enforced, respected and observed within the city, and that
all other officers of the city discharge their respective duties,
and he shall cause all negligence and positive violations of
duty to be prosecuted. He shall, from time to time, give
the city council such information and recommend such
measures as he may deem advantageous to the city.
Enforcing ordi- 8 3, He is hereby authorized to call on any and all male
nances, laws, . ," , ., • .i -i . j.i i- • i .
etc. inhabitants m the city or county, over the age ot eighteen
years, to aid in enforcing the laws of the state or the ordi-
nances of the city ; and, in case of riot, to call out the
militia to aid in suppressing the same, or carrying into
eftect any law or ordinance, and any person who shall not
obey such call shall forfeit to said city a fine of not less
than five dollars.
Exibit o<- § 4. He 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 he shall have powder to
execute all acts that may be required of him by this act, or
any ordinance made in pursuance hereof.
§ 5. He shall bo liable to indictment in the circuit court
of Macon county for palpable omission of duty, willful op-
pression, malconduct or partiality in the discharge of the
duties of his office, and, upon conviction, shall be subject
to a fine not exceeding one hundred dollars, and the court
shall have power, upon the recommendation of the jury, to
add as a part of the judgment that he be removed from
office.
Salary of mayor § 6. He sliall reccivc sucli Salary as may be fixed by or-
dinance, not exceeding five hundred dollars per annum.
Malconduct
mayor.
425
§ 7. All ordinances and all resolutions intended to ordinaiacs
atfecl the duties and rights of citizens shall, before they take ^^fi'^*^-
effect, be filed in the office of the city register, and if the
mayor approve thereof, lie shall sign the same, and the same
shall thereupon he engrossed by the city register, and such
as the mayor shall nof approve he shall return to the city
register, together with his objections thereto in writing,
witliin live days after the passage of the same. Upon the Returns.
return of any ordinance or resolution, as aforesaid, by the
mayor, with his objections thereto, the city register shall im-
mediately give notice to each alderman of the fact rtiat
such return has been made. Upon such return and notice
the council shall, at its next regular or special meeting
thereafter, reconsider the vote by which the same was
passed, and if, after such re-consideration, a majority of all
the members of the city council qualified to vote shall agree
by the " ayes and noes," (which shall be entered on the
journals,) to pass the same, it shall go into efi'ect ; and if the
mayor shall neglect to approve or object to any such pro-
ceedings for a longer period tlian five days after the same
shall be placed in the clerk's office, as aforesaid, the same
shall go into effect.
§ 8, In case of vacancy in the office of mayoi' by reason Vacancy
of temporary or continued absence, or sickness, or any other mayor.^**^
cause or disability, the city council shall appoint one of its
members, by ballot, to preside over the meetings, whose
official designation shall be '■'Aciimj Jlayor,^^ and the alder-
man so appointed shall be vested with all the powers and
perform all the duties of mayor until the mayor shall re-
sume his duties, or the vacancy shall be filled by a new
election.
§ 9. The members of the city council shall be, ex officio, Fire-wardeue.
fire wardens and conservators of the peace within the city,
and are hereby authorized to arrest all persons who are
violating or who have violated any ordinance of the city or
any law of the state, with or without process, and have them
prosecuted therefor, and any person or persons who shall Penalties
willfully interrupt or oppose them in the discharge of the
requirements hereof, shall be subject to the same penalties
as though they had opposed or interrupted a marshal, sheriff",
or constable in the legal discharge of their duties. They
shall, moreover, . be exempt from jury duty and street
labor or the payment of streettaxes during the term of their
office.
§ 10. The city register shall keep the corporate seal and Ke«ister and
all books and papers^belonging to the city ; he shall attend ''""*^ "'^^
all meetings oi" the city council and keep a full record of
all their proceedings on the journals ; and copies of all papers
Vol. 1—28 ■ r 1 ,
426
duly filed in liis office and transcripts from the journals of
the proceedings of the city council, certified by him under
the corporate seal, shall be evidence in all courts in like
manner as if the originals were produced ; he shall likewise
draw all warrants on the treasurer and countersign the
same, and keep an accurate account thereof, in a book pro-
vided for that purpose; he shall also keep an accurate ac-
count of all receipts and expenditures as the city council may
direct, and he shall, ex officio, have power to administer any
oath required to be taken by this act, or any ordinance of
the City.
§ 11. The city treasurer shall receive all moneys be-
longing to the city, and shall keep accurate account of all re-
ceipts and expenditures in such manner as the city council
may direct. No moneys shall be drawn from the treasury
except in pursuance of an order of the city council and a
treasury warrant signed by the mayor or presiding officer
and countersigned by the register, and each warrant shall
specify for what purpose the same is to be paid. The treasu-
rer shall exhibit to the city council, at least twenty days
before the annual election in each year, and oftener if re-
quired, a full and detailed account of all receipts and expen-
ditures since the date of the last annual report, and also the
state of the treasury, which shall be filed in the city regis-
ter's office.
Marshal, and § 12. The city marshal [shall] be a conservator of the
duties of. peace, and shall have the same power as the mayor in case
of riot or affray. He shall execute or cause to be executed
all proper process issued under authority of this act or
any ordinance of the city, and shall pertbrm such duties as
shall be prescribed by the city council for the preservation
of the public peace, and he shall control and direct the po-
lice force of the city in such manner as may be prescribed
by ordinance.
CIXV SUKVKYOR.
and
§13. The city surveyor and engineer shall have the
sole power, under the direction 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. ] Ee 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 liis acts and to all plats and surveys made
427
by him as are or may be given by law to the acts, plats and
surveys of the county surveyor. He shall, when required,
superintend the construction of all public works ordered by
the city, make out the plans and estimates thereof, and con-
tract for the execution of the same. He shall perform all
surveying and engineering ordered by the city council, and
shall, under their direction, establish the grades and boun-
daries of streets and alleys, but such plans, estimates and
contracts, grades and boundaries shall be first reported to
the city council and approved by them, or they shall not be
valid.
C'ITT ASSESSOR.
§ 14:, The city assessor shall perform all the duties in Assessor,
relation to the assessing of property for the purpose of "*'^^°'''
levying the taxes imposed by the city council. In the per-
formance of his duties he shall have and exercise the same
powers as are or may be given by law to county or town
assessors, and be subject to the same liabilities. On com-
pleting the assessment lists, and having revised and cor-
rected the same, he shall sign and return the same to the
city council.
CITV COLLECTOK.
§ 15. The city collector shall collect all taxes and assess- collector, and
ments which may be levied by ihe city council, and he shall duties of.
perform such other duties as may be herein prescribed or
ordained bv the city council.
CITY SL-PKRVISOI:.
§ 16. The supervisor shall superintend all local improve- supervisor, and
ments in the city, and carry into eftect all orders of the city '^^"®' ''^•
council in relation thereto. It shall be his duty, under the
direction of the city council, to superintend and supervise
the opening of streets and alleys, the grading, improving
and opening thereof; the construction and repairing of
bridges, culverts and sewers, to order the laying and re-
pairing of sidewalks, to give notice to the owners of prop-
erty adjoining such sidewalks when required, and upon
the failure of any person to comply with such notice, to
cause the same to be laid, re-laid or repaired, and apportion
the costs thereof among the persons or lots properly charge-
able therewith, and deliver the account thereof to the city
register to be laid before the city council ; to make plans
and estimates of any work ordered in relation to streets and
alleys, bridges, culverts or sewers ; to keep full and accu-
rate accounts in appropriate books of all appropriations
made for work pertaining to his office, and of all disburse-
42S
lucuts thereof, specifying to whom made and on what
account, and he shall render monthly accounts thereof to
tlie city council.
TO I'RKSCninK KLRTHEU DUTIES.
Further duiies § 17.- The citv couucil shall have power, from time to
o^im^u"'^" °^ 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 herein specifically mentioned,
and fix their compensation. They may also require all of
th'j officers, severally, before they enter upon their respec-
tive duties, to execute a bond to the city of Decatur, in such
sum and with such securities as they may approve, con-
ditioned that they shall faithfully execute the duties of their
respective offices and account for and pay over and deliver
all moneys and other property received by them, which
bond, with the approval of the city council certified thereon
by the register, shall be filed in his office, except the bond
of the said city register, which shall be tiled with the mayor.
DUTY OV RliTIRIXC; OFFICERS
•ers, duties of.
Retiring otii- § 18. If any person, having been an officer of said city,
shall not within ten days after notification and request, de-
liver to his successor in office all the property, books, papers
and efl'ects of every description in his possession, belonging
to said city or appertaining to his said office, he shall forfeit
and pay, for the use of the city, fifty dollars, besides all
damages caused by his refusal or neglect so to deliver, and
such successor may recover possession of the books, papers
and efiects belonging to liis office in the manner prescribed
by the laws of the state.
OFFK'EUS TO I!E COMMISSrONED.
§ 19. All officers elected or appointed by this act, ex-
cepting the mayor and aldermen, shall be commissioned by
warrant, under the corporate seal, signed by the mayor or
presiding officer of the city council and the city register,
but the commission of the city register shall be signed by
the mayor alone.
A K T I C L E V .
OF THE LEGISLATIVE FOAVEltS OF THE CITV COUNCIL OF THE (ITV ITS (iE.NERAL
POWERS AND DUTIES.
Presiding offi- § 1. Tlic mayor and aldermen shall constitute the city
eeroi oonnoii. cQ^^^^cil of the cjty. The mayor, when present, shall pre-
side at all meetings of the city council, and shall have only
CITIES. 429
a casting Vote. In his absence any one of the aldermen
may be appointed to preside. A majority of the aldermen
elected shall constitute a quorum.
§ 2. No member of the city council shall, during the compensation
period for which he is elected, receive more than fifty dol- «f<^'*ycounoii.
lars for his services, nor shall he be appointed to or compe-
tent to hold any office of which the emoluments are paid from
the city treasury or paid by fees directed to be paid by any
act or ordinance of the city council, or be directly or indi-
rectly interested in any contract the expenses or considera-
tions whereof arc to be paid under any ordinance of the
city council, or be allowed to vote in any matter in which
he is directly interested, personally or pecuniarily, save as
to the compensation above allowed.
§ 3. The city council shall hold twelve stated meetings council meet-
in each year, monthly, at such place or places as they may '°^^'
elect or appoint, and may adjourn at any stated meeting to
such time thereafter as they may see proper, and also from
one adjourned meeting to another, but the time for any ad-
journed meeting shall not be tixed for a period beyond the
next ensuing stated monthly meeting ; and the mayor or
any two or more aldermen may call special meetings, and
require the register to give notice of such called meeting to
each member of the council, by service, by copy, in person,
or left at his usual place of abode or business. The city
council shall determine the rules of its proceedings and Euies of pro-
judge of the qualificatic^n of its members; and any mi- '=®^'^'°g^-
nority of the council shall have and exercise power to
compel the attendance of absent members at any meeting.
§ 4. The city council shall have the control of the finances Finances and
and of all the property, real, personal and mixed, belong- p^^p^'^'J'-
ing to the corporation ; shall likewise have power within
the jurisdiction of the city, by ordinance —
First — To borrow money on the credit of the city, and indebtedness.
issue bonds therefor, but no sum of money shall be bor-
rowed at a higher rate of interest than the rate allowed by
law, nor shall a greater sum or sums be borrowed or at any
time outstanding, the interest upon the aggregate of which
shall exceed the one-half of the city revenue arising from
the ordinary taxes within the city for the year immediately
preceding, and no bonds shall be issued or negotiated at less
than par value. The appropriations of the city council for
payment of interest for improvements and for city expenses
during any one fiscal year, shall not exceed the amount of
the whole ordinary revenue of the city for the fiscal year
immediately preceding, but the city council may apply any
surplus money in the treasury to the extinguishment of the
city debt, or to the creation of a sinking fund for that pur-
pose, or to the carrying on of the public works of the city,
or to the contingent fund for the contingent expenses of the
city.
430
Appropriations,
etc.
Contagious (lis
easts.
General health
Wells, cisterns,
etc.
and highways
Bridges and
sidewalk*.
Lighting the
streets.
Markets.
Public ground
and cemeto-
ries.
CITIES.
Second.— To appropriate money, and to provide for tlie
payment of the debts and expenses of the city.
Third. — To make regulations to prevent the introduction
of contagious diseases' into the city; to make quarantine
laws for that purpose, and enforce them within the city and
within live 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 imprisonments; 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, regu-
late and establish public wells, cisterns, pumps, drains, hy-
drants and reservoirs in the streets within the city or beyond
the limits thereof, for the extinguishment of fires, and the
use and convenience of the inhabitants, and to prevent the
unnecessary waste of water,
alleys Sixth. — To havc the exclusive control and power over the
streets, alleys and highways of the city, and to abate and
remove any encroachments or obstructions thereon ; to
open, alter, abolish, widen, extend, straighten, establish, reg-
ulate, grade, clean, or otherwise improve the same ; to put
drains and sewers therein, and prevent the encumbering
thereof in any manner, and protect the same from any en-
croachment or injury whatever.
Seventh. — To establish, erect, construct, regulate and keep
in repair bridges, culverts, sewers, sidewalks, crossv/ays,
and regulate the construction and use of the same, and to
abate any obstructions or encroachments thereof ; to estab-
lish, alter, change and straighten the channels of water
courses and natural drains ; to sewer the same, or wall
them up and cover them over ; and to prevent, regulate
and control the filling up, altering or changing the chan-
nels thereof by private persons.
Fighth. — To provide for lighting the streets, and erect-
ing lamp posts and lamps therein, and regulate the lighting
thereof, and from time to time create, alter or extend lamp
districts; to exclusively regulate, direct and control the
laying and repairing of gas pipes and gas fixtures in the
streets, alleys and sidewalks.
Ninth. — To establish and erect markets and market
houses, and other public buildings of the city, and pro-
vide for the government and regulation thereof, and their
erection and location ; and to authorize their erection in
the streets and avenues of the city.
, Tenth. — To provide for the inclosing, regulating and im-
proving all public grounds and cemeteries belonging to the
city, and to direct the planting and preserving of orna-
mental and shade trees in the streets and public grounds.
CITIES 431
Elventh.— To erect and establish one or more hospitals H^spi^ais-
or dispensaries, and control and regnlate the same.
Tivelfth. — To prevent the encumbering of the streets, obstructions.
alleys, sidewalks or public grounds with carriages, wagons,
carts, boxes, lumber, timbers, fire wood, posts, awnings,
signs, or any other substance or material, and to compel all
persons to keep tlie snow, ice, dirt and other rubbish from
the sidewalks, streets and gutters in front of the premises
occupied by them.
Thirteenth. — To license, tax and regulate all merchants, ^4°lel* ""'^
commmission merchants, inn-keepers, brokers, money
brokers, insurance brokers and auctioneers ; and to li-
cense, tax, regulate, suppress and prohibit hawkers, ped- Peddlers,
dlers, pawnbrokers, grocery keepers, and keepers of ordin-
aries, theatrical or any other exhibitions, shows and amuse-
ments.
Fourteenth. — To license, tax, regulate and suppress hack- Porters.
men, draymen, omnibus drivers, porters, and all others pursu-
ing like occupations, with or without vehicles, and prescribe
their charges and compensation ; and to regnlate and restrain
runners for cars and public houses.
Fifteenth. — To license, tax, regulate and suppress and B'"'ardtabie.«.
prohibit billiard tables, pin alleys and ball alleys; to suppress
and restrain disorderly houses, tippling shops, bawdy
houses, gaming and gambling houses, lotteries, and all
fraudulent devices and practices, and all gaming with
cards, dice and all other games of chance ; and to author-
ize the destruction of all instruments and devices used for
the purpose of gaming.
Sixteenth. — To authorize the proper officer of the city to Licenses.
grant and issue licenses, and to direct the manner of issuing
and registration of the same, and the fees and charges to be
paid therefor. No license shall be granted tor more than
one year, and not less than one dollar or more than live Termor,
hundred dollars shall be charged therefor ; and the fees for
issuing the same shall not be more than one dollar. But
no license for the sale of intoxicating liquors, at wholesale
or retail, shall be issued for less than fifty dollars.
Seventeenth. — To restrain, regulate and entirely prohibit intoxicating
the vending, or selling, or giving away of any intoxicating '^'i'^°^^-
or malt liquors by any person within the city, except by
persons duly licensed ; to forbid the selling or giving away
of any intoxicating or malt liquors by any person to any
minor, apprentice or servant, without the consent of their
parents, guardian, or master or mistress, and to punish
therefor.
Eighteenth. — To regulate the inspection and vending of inspection of
fresh meats, poultry and vegetables; of butter and lard
and other provisions: and the place and manner of selling
fish and inspecting the same.
432
Weights aud
measures.
Beef and poll
Hoi-sc !•
and fast
ing.
Abuse of
Dials.
Vagrant.", otu.
Running at
large of catth.'
horses'. e(o.
Nineteenth.. — To regulate, license and prohibit butchers,
and to revoke their licenses for malconduct in the course of
trade,
TwentietJi. — To establish standard weights and measures
to be used within the city ; to require all traders or dealers in
any kind of property which is sold by weight or measures,
to cause their measures and weights to be tested by the
city sealer, and to be subject to his inspection. The stand-
ard of such weights and measures shall be conformable to
those established by law or ordinance.
Tioenty-first. — To regulate and provide for the inspection
of and measuring lumber, shingles, timber, posts, staves,
heading, bricks, stone and all kinds of materials ; and for
the measuring of all kinds of mechanical work, and to ap-
point one or more inspectors or measurers.
Twenty -second. — To provide for the inspection and weigh-
ing hay, lime, stone coal, and the place and manner of sell-
ing the same ; to regulate the measuring of fire wood and
charcoal, and other i'uel to be sold or used within the city,
and the place and manner of selling the same.
Tioenty -third. — To regulate the inspection of beef, pork,
flour, meal and other provisions ; salt, whisky and other
liquors to be sold in barrels, hogsheads and other vessels
or packages ; to appoint weighers, gangers and inspectors ;
to prescribe their duties and regulate their fees : Pro-
vided., that nothing herein shall be construed so as to
require the inspection of articles enumerated herein which
are to be shipped beyond the limits of this state, except
at the request of the owner or his agent.
Twenty-fourth . — To regulate the weight and quality of
bread to be sold or used within the city.
Twenty-fifth. — To create, establish and regulate the po-
lice of the cit}^; to appoint watchmen and policemen, and
prescribe their duties and powers.
Tioenty-sixth. — To prevent and suppress any riot, rout, af-
fray, noise, disturbance or disorderly assembly in any public
or ])rivate place in the city.
Twenty-seventh. — To prohibit, prevent and suppress horse
racing, immoderate riding or driving in the streets and to
cause persons immoderately riding or driving as aforesaid to
l3e stopped by any person ; to prohibit the abuse of animals,
and punish any person who shall abuse any animal ; to
compel persons to fasten their horses and other animals at-
tached to vehicles or otherwise, while standing in the
streets.
Twenty -eighth. — To restrain and punish vagrants, men-
dicants, street beggars and prostitutes.
Twenty-ninth. — To prohibit, prevent, suppress and regu-
late the running at large of horses, cattle, swine, sheep, goats
and geese, and to authorize the distraining, impounding
and sale of the same ibr the costs of the proceeding and penal-
etc.
CITIES. 43^
ty incurred, and to impose penalties on the owners thereat'
for a violation of any ordinance in relation thereto ; to reg-
ulate, restrain and prohibit the running at large of dogs, and
to authorize their destruction when at large contrary to
ordinance, and enforce penalties on the owners or keepers
thereof.
Thirtieth. — To prohibit and restrain the rolling of hoops, ^^"'Ijf § ^°?p*»
flying of kites, or any other amusements or practices tend- biowfng horns'
ing to annoy persons passing on the streets or sidewalks,
or to frighten horses or teams ; to restrain and prohibit the
ringing of bells, blowing of horns, bugles, crying of goods,
and all other noises or practices tending to the collecting of
persons on the streets or walks by any person for purposes
of either business or amusement.
Thirttj-first.—llo do all acts and make all regulations ^elses!" '""* '^'"
which may be necessary or expedient for the promotion of
health and the suppression of diseases.
Thirty-second. — To compel the owner or occupant of any offensive estab-
grocery, cellar, soap or tallow chandlery, or blacksmith I's^^ients.
shop, tannery, stable, slaughter houses, or establishments
for steaming or rendering lard, tallow, otfal or any other
substance, packing houses, breweries, distilleries, privies,
sewers, or any other establishment where nauseous, oflen-
sive or unwholesome business may be carried on, to clean,
remove or abate the same, and to direct location, regulate
their management and construction, and to abate and pro-
hibit them within the city and to the distance of one mile
from the limits thereof.
Thirty-third. — To regulate the burial of the dead ; to cemeterie*.
establish and regulate one or more cemeteries ; to regulate
the registering of births and deaths, and to direct the re-
turning and keeping of bills of mortality, and to impose
penalties on physicians and sextons, and others, for any de-
fault on the premises.
Thirty -fourth. — To provide for taking the census of the census,
inhabitants of the city.
Thirty-fifth* — To erect and establish a work house or work hou»«
house of correction ; make all necessary regulations there-
for, and appoint all necessary keepers or assistants. In
such work house or house of correction 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 magistrate in and for the
city, or for the county of Macon, for any misdemeanor or
crime punishable by imprisonment ; and any person who
shall fail or neglect to pay any fine, penalty or costs imposed
by any ordinance of the city, for any misdemeanor or breach
of any ordinance of the city, may, instead of being commit-
ted to the county jail of Macon county, be kept therein, sub-
ject to labor and confinement.
Yol. 1—29
434: CITIES.
D&.stitutc ebii- Thirty -dxth. — To authorize the taking up and providing for
'*''*"" the safe keeping and education for such periods of time as
may be deemed expedient, of all children who are destitute of
proper parental care, wandering about the streets, commit-
ting mischief and growing up in mendicancy, ignorance,
idleness and vice.
Raiiroidtiueks, Thitij-seventJi. — To direct and control the laying and con-
bridgos. etc. ' structioD of railroads, tracks, bridges, turnouts and switches,
on the streets and alleys, and the location of depot grounds
within the city ; to require that railroad tracks, switches
and turnouts shall be so constructed as to interfere as
little as possible with the ordinary travel and use of the
streets and alleys, and that sufficient space shall be left on
either side of said tracks for the safe and convenient pass-
age of teams and persons ; to require railroad companies
to keep in repair the streets through which their track
may run, and make and keep in repair suitable crossings
at intersections of streets, and alleys, and ditches, and cul-
verts, and sewers, when the city council shall deem neces-
sary; to direct and prohibit the use and regulate the speed
of locomotive engines within the limits of the city.
Funher powers Tliivty -eighth. — The city council shall have power to pass,
of city council, publish, amend and repeal all ordinances, rules and regu-
lations not contrary to the constitution of the United States
or of tliis state, for the good government and 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 officer thereof ; to enforce observance of all such
rules, ordinances and police regulations, and to punish the
violation thereof by lines, penalties and imprisonment in
the county jail, city prison, work-house, or both, in the
discretion of the court or magistrate before whom convic-
tion may be had ; but no line or penalty shall exceed five
hundred dollars, nor the imprisonment six months for any
offence; and such penalty may be recovered, with costs, in
an action of debt in the name or for the use of the city, be-
. fore the circuit court or county court of Macon countj^,
where the penalty exceeds one hundred dollars, or before a
police magistrate or justice of the peace where the same is
one iiundred dollars or under; and any person upon whom
any line or penalty is imposed shall stand comm'itted until
the same and the costs of the proceeding are paid, or the
payment of the same secured by bond, with good and suffi-
cient security, to be approved by the magistrate or court
assessing such fine or rendering judgment for such penalty ;
such bond to be made payable in sixty days to the city of
Decatur; and if said fine or penalty, with costs, shall not
be promptly paid, according to the tenor and effect of such
bond, thpn execution shall be issued for the amount of such
fine, or judgment, or penalty, with costs, against the prop-
CITIES. 435
erty of the obligors in such bond, and in default of such
payment or giving such bond, with security, the defendant
shall be imprisoned in the county jail, city prison or work-
house, and in addition to imprisonment, the court may di-
rect that at suitable hours the defendant, so imprisoned,
shall be required to labor on the streets or other public
works of the city under and in conformity to such regula-
tions as the city council shall prescribe by ordinance.
§ 5. The city council shall have power to adopt a plan Additions,
for the laying out and platting of all additions which may
be made to the city, or of subdivisions of lands lying within
the city, so as to establish regularity and uniformity in the
streets and highways of the city and vicinity ; and to require
that all additions and subdivisions which may be so laid out
or platted shall conform to such plan. And no map or plat of
any addition to said city, or of any subdivison of lands
lying within the same, or within one-half mile of the limits
thereof, shall be entitled to record, or shall be recorded in
the office of the recorder of Macon county until the same
shall have been approved by the city council of said city ;
and all such additions or subdivisions shall be null and
void, unless a correct map or plat thereof shall be approved
by the city council of said city before the same is tiled for
record.
ARTICLE VI.
OF TAXATION.
§ 1. The city council shall have power within the city
by ordinance —
First. — To levy and collect annually taxes not exceeding Taxes.
five mills to the dollar on the assessed value ot all real
and personal estate and property within the city, and all
personal property of the inhabitants thereof, made taxable
by the laws of the state for state purposes, to defray the
general and contingent expenses of the city not herein
otherwise provided for, which taxes shall constitute the gen-
eral fund.
Second. — To levy and collect taxes not exceeding five mills interest tax.
to the dollar per annum on all property subject to tax-
ation, to meet the interest accruing to the city debt.
And the city council shall pass no ordinance or reso-
lution incurring or creating a debt, without at the same
time making provision for the levying a tax sufficient to
meet the payment of the interest accruing thereon when
payable.
Third. — To annually levy and collect taxes on all prop- Public buildings
erty subject to taxation, when required for the erection of a '""
city hali, market, hospital, city prison or work -house, the
purchase of market grounds, public squares or parks, or any
other pubHc improvement : Provided, the estimated cost of
436
Lights tax.
said improvements may be apportioned by the city council
and collected by a series of annual assessments. But the
cost of said improvements may be levied and collected
upon all the real estate and other property in the division of
the city in which they are located. No local improvement
under this section shall be ordered in any division unless a
majority of the aldermen thereof shall vote in favor of the
same. But no taxes shall be levied in any one year, under
this section, which shall exceed five mills to the dollar on
the property assessed for any or all the purposes herein
specified. The revenue arising from such market or other
improvements shall be applied to liquidating the costs
thereof, and taxes shall be levied and collected to make up
the deliciency.
Fourth. — To levy and collect upon all property in such
districts as they shall, from time to time create, a tax
sufficient to defray one-half of the expenses of erecting
lamp posts and lamps, and lighting the streets in such dis-
tricts, and the tax thus collected shall be exclusively expended
for such purpose in the districts paying the same.
Fvfth. — To require (and it is hereby made the duty of)
every male resident of the city over the age of twenty-one
years and under the age of fifty years, who is an able-bodied
person, 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 three dollars, provided the same shall
be paid within three days after notification by the supervi-
sor ; in default of payment, as aforesaid, the sum of three
dollars and costs may be collected and no set-ofi' shall be
allowed in any suit brought to collect the same.
ARTICLE VII.
OF ASSESSMENTS FOR OPENING STREETS AND ALLEYS.
Streets, alleys § 1. The city council shall have power, to open and
»nd highways. |g^y q^j. p^^lic grouuds Or squares, streets, alleys and
highways ; and to alter, widen, contract, straighten and
discontinue the same ; but no street, alley or highway,
or any part thereof, shall be discontinued or contracted
without the consent in writing of all persons owning
land or lots adjoining said street, allej'- or highway ; they
shall cause all streets, alleys, highways, pubhc grounds or
squares laid out by them, to be surveyed, described and re-
corded in a book to be kept by the register, showing accu-
rately and particularly the proi)Osed improvements and the
real estate required to be taken ; and the same when opened
in conformity to law, shall be public highways and grounds.
g 2. Whenever any street, alley, or highway, public
ground or square is proposed to be laid out, opened, altered,
widened, or straightened, by virtue hereof, and the amount
437
of compensation can not be agreed upon, the city council
shall cause notice in writing, signed by the city register, to
be given to the owner of the land intended to be appropri-
ated ; if such owner be a resident of the city, or it he
be a non-resident of the city, then he shall be notified
by publication in the paper publishing the city ordi-
nances, of such intention to appropriate, and at the
next regular meeting of the council after service of such
notice, if by copy, or after the lirst publication, in case of
non-resident owner, provided ten days' notice shall be
given, as aforesaid, the council shall, at its usual place of
meeting, choose by ballot three disinterested freeholders,
residing in the city, as commissioners, to ascertain and
assess the damages and recompense due the owners
of said real estate respectively, and at the same time to de-
termine what persons will be benefited by such improvement
and assess the damages and expenses thereof on the real
estate benefited thereby, in proportion, as nearly as may be,
to the benefits resulting to each. A majority of all the alder-
men authorized by law to be elected, shall be necessary to a
choice of such commissioners.
§ 3. The commissioners shall be sworn faithfully and
impartially to execute their duties to the best of their abili-
ties ; before entering upon their duties they shall give at
least ten days' notice to all persons interested, of the time ^'oti<^«'
and place of their meeting, for the purpose of viewing the
premises and making their assessments, which notice shall
be given personally if the owners are residents, or by publi-
cation in the newspaper publishing the ordinances of the
city, if non-residents or unknown; and on the day specified
in such notice they shall view the premises, and in their dis-
cretion receive any legal evidence, and may, if necessary,
adjourn from day to day. •
Oath of com-
missioners.
VALUATION HOW MADE.
§ 4. If there should be any buildings standing in whole valuation of
or in part upon the land to be taken, the commissioners, ^^i^<^>°^^-
before proceeding to make their assessment, shall first
estimate and determine the value of such building, and the
land proposed to be taken, together with compensation for
the inconvenience to such owner, resulting from the taking
of the same, and secondly, they shall estimate the value of
the materials in said building, less the expense of removing
the same.
§ 5, At least ten days' notice shall be given, as herein-
above directed, to such owner or owners, of such valuation
and assessment, as also to each person assessed as benefited.
Such notice shall specify the building or buildings and the
438
award of the commissioners, and shall be signed by them.
It shall also require the persons interested to appear by a
day to be named therein, or otherwise give notice to the
commissioners of their election, either to accept the award
of the commissioners and allow such building or buildings
to be taken with the land condemned or appropriated, or
to receive such materials at their assessed value and remove
the same. If the owner shall elect to remove such building,
he shall have such reasonable time therefor, as the city
council may direct, not less than sixty days.
Sale of
ings.
Damages
injury.
SALE OF BUILDING.
build- § 6. If the owner of the building shall refuse to take the
same at the appraised value of the materials fixed by the
commissioners as aforesaid or fails to give notice of his
election as aforesaid, within the prescribed time, the city
council shall, after the return and confirmation of the report
of the commissioners, have power to direct the sale of such
building at public auction for cash or on credit, giving
twenty days' public notice of such ^sale, as is required by
law in sales under execution. The proceeds of such sale
shall, when received, be paid into the city treasury,
and § Y. In making assessments as aforesaid, commissioners
shall estimate the value of property, damages and injury
to the owner thereof on the one hand, and benefits and
advantages if any, on the other, and if the damages to any
person be greater than benefit received or if the benefit be
greater than the damages, in either case the commissioners
shall strike balance and carry the difference forward to
another column, so that the assessment may show what
amount is to be received or paid by such owners respect-
ively and the difference only shall in any case be collected
or payable as the case may be.
§ 8. If the lands and buildings belonging to diflerent
persons, or if the lands be subject to lease or mortgage,
the injury done to such persons respectively, shaU bo
awarded to them by the commissioners, less the benefits, if
any, resulting to them respectively from such improvement.
Return ol as-
sef^sments.
RETUKN OK ASSESSMENT BY COMMISSIONERS.
§ 9. Having ascertained the damages and expenses of
such improvements as aforesaid, the commissioners shall
thereupon apportion and assess the same, together with the
costs of the proceedings, upon the real estate by them
deemed benefited, in ])roportion to the benefit resulting
from the improvements as nearly as may be, and shall
describe the real estate upon which their assessment may
be made, having first given such owner or owners of prop
erty assessed as benefited, notice of the time and place of
making such apportionment as herein above directed, and
439
when completed the coramissioners shall sign and return
the same to the city council within forty days of their
appointment, and tbie register shall upon the tiling of the
same in his office as aforesaid, within five days thereafter,
give notice as aforesaid to the parties in interest, that such
assessment has been returned, and that on the day specified
in such notice, the said assessment will be confirmed by the
city council, unless objection thereto is made by some party
interested therein.
OUJECTION!^.
§ 10. Objections, if made to such assessment, shall be objections.
heard by the council, and it may adjourn the consideration
thereof, from day to day. The council shall have power, in
its discretion, to alter, confirm or amend the assessment or
refer the same back to the commissioners. If annulled,
all the proceedings shall be void. If confirmed an order
of confirmation shall be entered directing a warrant to issue
for the collection thereof. If referred back to the same or
other commissioners they shall proceed to make their assess-
ments and return the same in like manner, and give like
notice as herein required in relation to the first, and all
parties in interest shall have the like notice and rights, and
the city council shall perform like duties and have like
powers in relation to an}^ subsequent determination as are
. herein given in relation to the first.
*REMOA-E COMMISSIONKRS.
§ 11. The city council shall have power to remove Removal of
commissioners, and from time to time to appoint others in commissionors
place of such as may be removed or refuse, neglect or are
unable from any cause to serve.
LANDS TAKEX.
§ 12. The lands required to be taken for the making. Lands to b«
opening, widening, straightening or altering any streets, nc^pnrposls.**'
alleys or other highways 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 his
agent can not be found within the city, deposit to his or
their credit in some safe place of deposit other than the
hands of the treasurer, notice of such place of deposit and
with whom made, to be given to the party entitled to the
fund if known, and the city shall in all cases be held respon-
sible for the solvency of the depository at the time of making
the deposits ; and then and not before, such lands may be
taken and appropriated for the purpose required in making
such improvements, and such streets, alleys or other high-
ways, for public grounds, may be made or opened.
440
Appeals.
§ 13. Any person interested may appeal from any final
order of the city council opening, altering, widening or
straightening any street, alley or other highway or public
ground, to the circuit court of Macon county, by notice in
Avriting to the mayor, at any time before the expiration of
twenty days after the passage of said final order. In case
of an appeal the city council shall, within thirty days after
the notice thereof given, make, return and file in the office
of the clerk of said circuit court, a full and complete tran-
script of all proceedings and records had before the council
and on file in the register's office in reference to said street,
alley or other public ground or highway, which transcript
shall be certified by the register under the corporate seal,
and the said court shall proceed as in other cases to try and
determine said appeal, an appeal or writ of error m,ay be
had and prosecuted from the judgment of the circuit court
in every such cause. Upon the trial of such appeal all
questions involved in such proceedings, including the
damages and assessments for and upon propert}^ taken or
benefited, shall be at the instance of either party submitted
to a jury as in any case at law, and the burden of proof
shall in all cases be upon the city, to show that the proceed-
ings had are in conformity to this act.
RIGHTS OF INFANTS.
Rights
infants.
§ 14. Whenever any known owner or other person hav-
ing an interest in any real estate, residing in the city or
elsewhere, shall be an infant, and any proceedings shall be
had under this act, the judge of the circuit court of Macon
county, the county judge of said county or any judge of the
supreme com-t, may, upon application of the city council or
such infant, or his next friend, appoint a guardian for such
infant taking security from such guardian for the faithful
execution of such trust, and all notices and summons required
by this act shall be served on such guardian.
ARTICLE VIII.
IMPROVEMENT OP STREETS.
improvernonti. ^ § 1. The clty council shall have power, from time to
time, to cause any street, alley or other highway, to be
graded, regraded, leveled, paved or planked, and keep the
same in repair and alter and change the same.
Second. — To cause sidewalks and crosswalks, main drains
andsewers, and private drains to be constructed and laid,
relaid, cleansed and repaired, and regulate the same.
CITIES. ^1
PUBLIC SQUARE.
Third.— -To grade, improve, protect and ornament any Pubiio squaie
public square, or other public ground now or hereafter laid
out.
Fourth. — The city council shall have power to assess and Assessments
collect of the owners of lots or real estate, on any street or ^'^'^ •'°"«°«°»'
highway, or any part thereof, in the same manner as other
city taxes, for the purpose of grading, paving or plankino-
such street or other highway : Provided, that such tax shall
not exceed five mills on the dollar per annum of the value
of the property assessed.
SEM'KRAGK DISTRICTS.
§ 2. That for the purpose of establishing a system of sewerage.
sewerage and drainage, the city council shall have power to
have tiie city laid ofi" into districts, to be drained by princi-
pal and lateral or tributary sewers or drains, having refer-
ence to a general plan of drainage for the whole city ; and
when such districts shall be established and a plan of drain-
age adopted therefor, the said plan shall be numbered, filed
and recorded by the register.
§ 3. That whenever a majority in number of the owners speeiti i
of real estate within any district shall petition the city
council for the construction of such drains or sewers in such
district, the city council shall have power to levy and col-
lect a special tax on the real estate within the district so
drained, and not to exceed five mills to the dollar per an-
num on the assessed value thereof, for the purpose of
constructing such sewers and drains ; which tax shall be
annually levied and collected as other city taxes by law,
and shall constitute a lien on the real estate in the district in
which it is assessed ; and the city council shall have power
to provide for the construction and letting of such sewers
and drains, or such parts thereof as they shall deem neces-
sary, and may, from time to time, extend, enlarge, or alter
the same upon such terms and conditions as they shall deem
necessary ; and the city council shall have power to borrow
money for the construction of such sewers and drains, pay-
able in principal and interest, from the special tax collected
in such districts ; or the city council may apportion the
estimated cost^ of such drains and sewers, and collect the
same by a series of annual assessments ; but no ordinance
creating such debt, special tax, or apportionment shall be
repealed or altered until the debt created thereby shall have
been paid.
Vol. 1—30
442
ARTICLE IX.
irtK DiirAKTMKNT.
Fire depart-
ment.
Chimneys and
flues.
Dangerous con-
*tructions.
§ 1. The city council, for the purposes of guarding
against the calamities of lire, shall have power to prohibit
the erection, placing, or repairing of wooden buildings with-
in the limits prescribed by them, without their permission ;
and direct and prescribe that all buildings within the limits
prescribed shall be made or constructed of fire proof materi-
als, and to prohibit the re-building or repairing of wooden
buildings within the fire limits, when the same shall have
been damaged to the extent of fifty per cent, of the value
thereof, and to prescribe the manner of ascertaing such
damages ; to declare all dilapidated buildings to be nuisances,
and to direct the same to be repaired, removed or abated, in
such manner as they shall prescribe and direct ; to declare
all wooden buildings within the fire limits, which they may
deem dangerous to contiguous buildings, or in causing or
promoting fires, to be nuisances, and to require and cause
the same to be removed or abated in such manner as they
shall prescribe : Provided^ that the ordinance entitled "An
ordinance for the prevention of fires, and establishing fire
limits," passed and approved the tenth day of April, a. d.
1856, by the city council elected for the year 1856, shall re-
main in full force and effect until the same is repealed by
the city council elected under this act, and the limits pre-
scribed in said ordinance may be extended at any time the
city council may deem proper, and the circuit court of Macon
county and all police magistrates shall have jurisdiction in
any case arising under said ordinance or any ordinance in
relation to the matters under this t^ection.
§ 2. The city council shall have power —
First. — 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 chim-
neys.
Second. — To prevent and prohibit the dangerous con-
struction and condition of chimneys, flues, fire-places, stove-
pipes, ovens, or any other apparatus used in or about any
i3uilding or manufactory, and to cause the same to be
removed or placed in a secure and safe condition when con-
sidered dangerous.
Third. — To prevent the deposit of ashes in unsafe places,
and to appoint one or more officers to enter into all build-
ings and inclosurcs to examine and discover whether the
same are in a dangerous state, and to cause such as may be
dangerous to be put in safe condition.
CITIES. 443
Fourth, — To require the inhabitants to provide as many pi,e buoksti.
lire budgets, and in such manner and time as they shall
prescribe, and to regulate the use thereof in times of lire,-
and to require all owners and occupants of buildings to
construct and keep in repair wells and cisterns upon their
premises.
Fifth.— To regulate and prevent the carrying on of manu- M»nuf«ctories.
factories and works dangerous in promoting lires.
Sixth. — To regulate, prevent and prohibit the use of lire Fireworks,
works and lire arms.
Seventh. — To direct the management of and prohibit combustibles,
houses for storing of gunpowder and other combustibles 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 public places.
Eighth. — To regulate and prescribe the manner, and Parapet and
order the building of parapet and partition walls and of par- P«'"t,on waiia.
tition fences.
Ninth. — To compel the owners or occupants of houses or
other buildings to have scuttles in the roofs and stairs or
ladders leading to the same.
Tenth. — To authorize the mayor or tire wardens or other idieand sus-
officers of the city to keep away from the vicinity of any fire p'C'o^s personi
all idle and suspicious persons, and to compel all olficers of
the city and all other persons to aid in the extinguishment
of fires and in the preservation of property exposed to
danger thereat, and in preventing goods from being
stolen.
Eleventh. — And, generally, to establish such regulations Prevention
for the prevention and extinguishment of fires as the city g°fghment.
council may deem proper.
§ 3. The city council maj procure tire engines and all Engines.
other apparatus used for the extinguishment of fires, have
the charge and control of the same, and provide fit and se-
cure houses and other places for keeping and preserving
the same, and shall have power —
First. — To oro;anize fire, hook, hose, axe and ladder flose, axe and
" 111 ladder compa-
companies. • nies.
Second. — To appoint, during their pleasure, a competent
number of able and reputable inhabitants of the city firemen,
to take care and management of the engines and other
apparatus and implements used in the extinguishment of
fires.
Third. — To prescribe the duties of firemen, and to make Duties of fire-
rules and regulations for their government, and to impose "'*°'
reasonable penalties upon them for a violation of the same,
and for incapacity, neglect of duty or misconduct to remove
them.
Fourth. — The city council shall have power to appoint a Eugineer*.
chief and assistant engineers of the lire department, and
they, with the other firemen, shall take caic and manage-
444 CITIES.
raent of the engines and other apparatus and implements
provided and used for the extinguishment of tires, and their
powers and duties shall be prescribed and defined by the city
council.
Bxemption of § ^- The members of the city council and firemen shall,
•ity oouncii. during their terms of service as such, be exempted from serv-
ing as jurors, in the militia, or working on the streets, or pay-
ing any tax for the same. The name of each fireman shall be
registered with the clerk and attorney in a book provided
for that purpose, showing the date of the appointment, and
the certificate of the clerk and attorney shall be evidence to
entitle him to the exemption provided in this section for
the year in which exemption is claimed.
ARTICLE X.
i;OARI) OF HEALTH.
Bowd Of health § 1. The board of health shall consist of three or more
commissioners, to be appointed annually by the city coun-
cil ; and the mayor or presiding officer of the city council
shall be president of the board, and the city clerk and at-
torney shall be their clerk and keep the minutes of their
proceedings.
Duty of health § 2. It shall be the duty of the health oflicers to visit
officers. every sick person who may be reported to them, as herein-
after provided, and to report with all convenient speed their
opinion of the sickness of such person to the clerk of the
board, and to visit and inspect all houses or places in -which
they may suspect any person to be confined with any pesti-
lential or infectious diseases, or to contain unsound provi-
sions, or damaged or putrid animal or vegetable matter, or
other unwholesome articles, and to make report of the state
of the same, with all convenient speed, to the clerk of the
board.
inio.ted ana § 3, All pcrsous iu the city, not residents thereof, who
BonTto'^be'^re- I'^'^Y ^^ infcctcd with any pestilential or infectious disease,
moved or all things, which in the opinion of the board, shall be
infected by or tainted with pestilential matter, and ought to
be removed, so as not to endanger the health of the city,
shall by order of said board be removed to some proper
place, not exceeding five miles beyond the city limits, to be
provided by the board at the expense of the person to be
Infected fnrni- rcmoved, 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 com-
pensation.
§ 4. The city council shall have power to prescribe the
tiesofboarcTof powers and duties of the board of health and to punish by
Malth, ^^^ ^^ imprisonment or both, any refusal or neglect to
observe the orders and regulations of the board.
ture.
Power* and dir
0ITIB8. 445
§ 5. The health oflficers may be authorized by the city other duties of
council, when the public interests require, to exercise for the ^•^•'^lo^'^e".
time bemi^ such of the duties of marshal or supervisor as
the city council may in their discretion direct, and shall be
authorized to enter all houses or other places, private or
public, at all times, in the discharge of any duty under this
act or any ordinance.
§ 6. Everv person practicing physic in this city, who Duties of phy-
1 11 1 '•.11. o i. J / ■ ,. sician?.
shall have a patient labormg under any malignant, intec-
tious or pestilential disease, shall forthwith make report
thereof, in writing, to the clerk of the board, and for Jieg-
lect to do so, shall be considered guilty of a misdemeanor,
and liable to a fine of fifty dollars, to be sued for and recov-
ered with costs in an action of debt, in any court having
cognizance thereof, or before a justice of the peace for the
use of the city.
ARTICLE II.
ASSESSMENTS XSB COLLECTION OF TAXES.
§ 1. The city council shall have power, by ordinance, to Form of assesa-
prescribe the form of assessment lists, and prescribe the "^*°
duties and define the powers of assessors. They may also
make such rules and give such directions in relation to the
revising, altering or adding to the lists as they may deem
proper or expedient.
§ 2. The annual assessment lists shall be returned by ^mentiis?^^'""
the assess )r on or before the first Monday in August in each
year, but the time for such return may be extended by
order of the city council. The city council, upon the return
of such assessment lists, shall fix a day for hearing objections
thereto, and the register shall give notice of the time and
place of such hearing by publication in the newspaper pub-
lishing the ordinances of the city, and any person feeling
aggrieved by the assessment of his property, may appear at
the time specified and make his objections. The council
shall have power to supply omissions in said assessment lists,
and for the purpose of equalizing the same, to alter, add to,
or take from and otherwise correct and revise the same, or to
refer it back to the assessor, with instructions to revise and
correct the same.
§ 3. When the assessment lists have been corrected and Revision of th«
revised they shall be filed in the office of the register, '^ "'
and an order confirming said lists as revised and corrected,
shall be passed by the city council and entered by the reg-
ister. The city council shall thereupon, by ordinance or
resolution, levy such sum or sums of money as may be
sufficient for the several purposes for which taxes are herein
authorized to be levied, not exceeding the authorized per-
centage, particularly specifying the purposes for which the
same are levied, and if not for general purposes, the divis-
446 CITIES.
ious of the city upon which the same are laid. The city
council shall thereupon pass an order which shall be entered
by the city register directing the issuance by said register
ot the warrant for the collection of said taxes so levied and
assessed, and which said warrant shall be signed by the
mayor and city register, and shall have the corporate seal
of the city impressed thereon.
Taxes shall be a g 4. AH taxGs and asscssments, general or special, levied
or assessed by the city council under this act, or any ordi-
nance in pursuance thereof, shall be a lien upon the real
estate upon which the same may be imposed, voted, or
assessed for two years, from and after the corrected assess-
ment lists shall be confirmed or the passage of the order for
assessment, 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; and personal property
belonging to the debtor, may be taken and sold for the pa}^-
ment of taxes on real or personal estate, and the real estate
shall be liable for the taxes on personal estate in case of
removal, or when the tax can not be made out of the per-
sonal estate in the same manner as is prescribed by the laws
of the state : Provided^ that in case of the collection of any
assessments shall be delayed by any judicial proceedings, the
same shall continue [a lien,] unless set aside, upon the real
estate for the term of two years from and after the final
disposition of such judicial proceeding.
^fiTs^menUists" § ^' "^^^ register shall prepare a true and correct copy
' of the assessment lists so tiled, and rule therein separate
columns, in which the taxes levied shall be set down oppo-
site the respective names of the persons or real estate
subject thereto, and each column shall be headed with the
name of the tax therein set down, and the right hand col-
umn shall contain the aggregate amount of the several
amounts specified in the other columns opposite such name
or real estate.
Clerk Bhfiii is- § C. To cacli copy of sucli assessiueiit lists so made by
sue warrant. ^\^q register as aforesaid, he shall annex the warrant issued
and signed as aforesaid, which said warrant shall command
the collector to collect the several amounts specified in the
said column of total amounts, of and from the persons and
real estate respectivelj^ named and described in such copy.
The said copy of the corrected lists with said warrant
annexed, shall be delivered by the register to the collector
for collection within thirty days after the tiling of the cor-
rected lists, unless further time for this purpose shall be
given by the city council. If not otherwise paid, the col-
lector shall have power to collect said tax, with interest and
costs, by a suit in the corporate name or by distress aixl sale
of personal property, as aforesaid, after a demand and refusal
to pay the same: Ft^ovided, ten days' notice published in
tliG newspaper publishing the ordinances of the city, by the
CITIES. 447
collector shall be deemed a demand, and a neglect to pay
taxes for twenty days thereafter shall be deemed a refusal.
The assessor's lists shall in all cases be evidence on the part
of the corporation.
§ 7. All taxes and assessments, general or special, shall ^1^^^^^'^^°^ '"^^'
be collected by the city collector in the manner and with
the same authority and power as is given by law to collectors
of county and state taxes. He shall pay the same as fast
as collected into the city treasury, and his duty in regard to
returning -warrants and settling with the city and his liabil-
ities in case of default, or misconduct shall be the same as
prescribed by law in regard to county collectors: Provided^
the city council shall have power to prescribe the powers,
duties and liabilities of collectors by ordinance.
§ 8. "Whenever the city council shall, by ordinance, Non-payment of
resolution or other proceeding, in conformity with and by
virtue of this act levy any tax either for general or special
purposes, or make any assessment on any lot, ground, or
real estate for the purpose of improving any street, side-
walk or alley, or for grading any lot or real estate, and such
tax or taxes shall not be paid within the time fixed by ordi-
nance, the collector shall give thirty days' notice by adver-
tisement in the newspaper publishing the city ordinances,
that he will apply to the county court of Macon county for
the purpose of obtaining a judgment against such delinquent
lot or parcel of real estate for the amount of taxes or assess-
ments and costs due and unpaid, and the county court shall
hear and determine said application and render judgment
against said delinquent real estate in the same manner, and
said judgment shall have the like effect as though said
delinquent list had been returned to the county court by
the sheriff or collector of the county in the collection of
state and county taxes, and the county court shall issue its
precepts or order to the collector of the city directing him to
sell said real estate at public auction, at the time and place
that is or may be designated by ordinance to pay said
delinquent taxes, assessments and costs. The city council
shall have full power to adopt any regulation or proceeding
they may deem necessary to carry this section into effect,
and to fix the time of said application to the county court
and the time and place of the sale of said real estate.
§ 9. All sales shall be conducted in the manner required ''i'«»-
by law, but 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 assessments thereon, with
interest and costs of sale. Duplicate certificates of sale shall
be made and subscribed by the collector, one of which shall
be delivered to the purchaser and the other filed in the office
of the register, which certificate shall contain the name of
44:8 CITIES.
the purchaser, a description of the premises sold, the amount
of taxes or assessments, with the interest and expenses for
which the same was sold, and the time when the right to
redeem shall expire. The collector shall be allowed the
same fees for selling as are allowed by law for similar ser-
vices, or his fees may be regulated by ordinance. The reg-
ister shall keep a record of such sales, which shall be open to
public inspection at all reasonable times.
Redemption. § 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 as is allowed by law
in cases of sales of real estate for county a^nd state taxes, on
the payment of double the amount for which the land was
sold; and all taxes accruing subsequent to the sale, with
ten per cent, interest. If the real estate of any infant,
feriime covert, lunatic, or insane person be sold under this
act the same may be redeemed at any time within one year
after such disability is removed. In case of redemption
the money may be paid to the purchaser or for him to the
register, who shall make a special deposit thereof with the
treasurer, taking his receipt therefor. If not reedeemed
according to law, the city council shall, upon the return of
the certificate or proof of its loss, and upon proof being
made by the holder of said certificate of a full compliance
with the constitutional requirement and the laws of the
state made in pursuance thereof, imposing conditions for
the making of deeds for lands sold for taxes, 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 register, conveying to such pur-
chaser the premises so sold and unredeemed as aforesaid.
An abstract of all deeds so made and delivered shall be
entered by the clerk and attorney in a book wherein tax
sales are recorded. A fee of one dollar may be charged by
the register for any deed so issued.
§ 11. The assignee of any tax certificate of any premi-
p^erfificate. ^"^ scs sold for taxcs 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.
In case of no § 12. If at any sale of personal Oi* real estate for taxes
iand*to be*^*^ or asscssmeuts, no bid shall be made for any parcel of land
struck oft- to or personal property, the same shall be struck off to the
city. ^.^^^^ ^^^^ thereafter the city shall be the sole owner of said per-
certificato of goiial property, and the city shall receive in the corporate
name a certificate of the sale of said real estate so struck
off to it, and the register shall give all notices and make affida-
vit of the service of the same, for and in behalf of the city,
as is required of other purchasers ; and it the said real estate
shall not be redeemed within two years from the date of
CITIES. 449
said sale, upon proof of service of notice as above, the mayor
and register shall make a deed to the city for the same, as
in case of deeds to individuals.
§ 13. All deeds made to purchasers of lots sold rax deeds shaii
toi taxes or assessments by order of the city council shall eviden'^e.***^"
hej^rima facie evidence in all controversies and suits in
relation to the right of the purchaser, his heirs or assigns,
to the premises thereby conveyed,' to the following facts :
.First. — That the land or lot conveyed was subject to
taxation or assessment at the time the same was adver-
tised for sale, and had been listed and assessed in the
time and manner required by law.
Second. — That the taxes or assessments were not paid Time of pay-
any time before the sale. "^""^ '
TAw'G?. —That the land conveyed had not been redeemed Redemption.
from the sale at the date of the deed, and shall be conclu-
sive evidence of the following facts :
First. — That the land or lot was advertised for sale for Tim© of adver-
the length of time and in the manner required by law. t'afiment.
Second. — That the land was sold for taxes or assessments soid for taxes.
as stated in the deed.
Third. — That the grantee in the deed was the pur- Grantee.
chaser.
Fourth. — That the sale was conducted in the manner re- Manner of mak-
, , , 1-1, . T . . , . mg delinquent
quired by law, and m all controversies and suits involving tax sales.
the title to the land claimed and held under and by virtue
of such deed, the person or persons claiming title adverse to
the title conveyed by such deed, shall be required to prove,
in order to defeat the said title, either that the land or lot
was not subject to taxation at the date of the sale, that
the taxes or assessments had been paid, that the said lands
had never been listed or assessed for taxation or assessment,
or that the same had been redeemed according to the provi-
sions of the act, and that such redemption was made for the
use and benefit of the persons having the right of redemp-
tion under the laws of the state. But no pert^on shall be
permitted'to question the title acquired by the said deed
without first showing that he, she or they, or the person
under whom he, she or they claimed title, had title to the
land at the time of the sale, or that the title was obtained
from the United States or this state, after the sale.
ARTICLE XII.
MISCELLANEOUS PROVISIONS.
§ 1. The city council shall, at least ten days before the Publication of
annual election in each year, cause to be published in the n"enT'*' ^'^'*"
newspaper publishing tlie 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
Vol. 1—31
450
CITIES.
Exomption
from road
bor.
Services de-
manded lor
labor.
Amount to be
coUeoted.
Finp« and pec
attiea.
Snrvevs and
plats.
from whence, the former are derived and the mode of dis-
bursement, and also a distinct statement of the whole
amount assessed, received and ex])onded in tlie respective
wards and divisions toi- mulsing; and repairing streets, high-
wajs and bridijes fur the same period, togetlier with such
information as may l)e necessary to a full understanding of
the tinancial concerns of tlie city.
§ 2. The inhabitants of the city of Decatur are liereby
exemjjted from working upon any road or highway beycmd
the hmits of the city, and from paying the ' tax in heu
thereof within said limits.
§ 3. The supervisor shall demand the services of all
persons who are lequired to hibor 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 supervisor may deem
necessary. He shall deliver or cause to be delivered or left
at the usual place of abode or business of any person re-
quired to labor as aforesaid, a written or printed notice, or
partly written or printed notice, in such form as the city
conncil shall prescribe; which notice shall be given at least
three days previous to the tirst [day] on which he or they
are required to lahor, requiring sncli person to appear at such
time and place as may be designated, for the purpose of
laboring on the streets and alleys; but a similar notice jnib-
lished ten days before the labor is reqnired in the newspa-
per publishing the ordinances of the city, which notice shall
receive at leaf?t two insertions, by the supei'visor, or be
posted up in three of the pnblic places of the ward or dis-
trict, shall be deemed a sufficient notice to require all per-
sons 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 cullect(»r shall collect from each
person, in the same manner as other taxes, the sum of three
dollars with his commission for collecting the same added
thereto, or the same may be recovered by suit, with costs, as
in other cases.
§ 4. All lines, forfeitures and ])enalties collected for of-
fences committed within said city, under this act or any
ordinance of said city, shall be paid into the treasury of
said city, by the othcers collecting the same.
^ 5. The city council shall liave power to cause the
blocits and lots of the city to be surveyed, j»latted and nuin-
bei-ed in consecutive numbers from one npwai'd ; and to
desi jriiate and nund)er all fractional or other lots or blocks,
in siicli manner as they may prescribe by ordinance ; and
such f. lilts, designation, and numbers, wlien made and duly
recorded, shall be a good and valid description of said lilock's
and lots, or fractional blocks or lots; to establish, mark,
and d(K;lare the bounchiries and names of streets and alleys ;
to require that all additions hereafter made to said city or
all laud adjoining or within the same, laid out into blocks
CITIES. 451
or lots, shall be so laid out *id platted to correspond and
conform to the regular blucks, sti'cets and alleyti ah-eady
laid out and estabUslied within the city.
§ 6. The city council shall, in all expenditures for pur- Expenditures
poses strictly local, expend annually in the several natural P''"^'"' '""^ *
divisions of the city, such proportion, as near as may be, of
the whole expenditures for like purposes, during the same
period, as will correspond to the several sums contributed
by each division to the general fund ; that taxes shall be
expended in the several wards or districts where the persons
paying the same may respectively reside.
v^ 7. That the supervisor, in addition to the penalties Fines for neg-
prescribed by ordinance, shall, for willful neglect of duty, '"^'° ^^^'
be liable to indictment and line, in the same manner as su-
pervisors under the laws of the state.
§ 8. Neither the city council nor mayor shall remit any No remisaien of
fine or penalty imposed upon any person for a violation of
any law or ordinance of said city, or release from con-
finement, unless two-thirds of all the aldermen elected shall
vote for such release or remission ; nor shall anything in
this act be so construed as to oust any court of jurisdiction
to abate and remove nuisances, within its jurisdiction, by in-
dictment or otherwise.
§ 9. No vote of the city council shall be considered Reconsidera-
or rescinded at a special meeting, unless the meeting be '"^"^ "^ ^°'e*-
called in whole or in part for that purpose, and the aldoi--
men be so noritied, and unless at such special meeting there
be present as large a number of aldermen as was present
when the vote was taken.
§ 10. The cemetery lots which may be laid out and sold cemetariRs ex-
b.y the city or private persons for private places of bui-ial, tacfimeln^ *'
shall, with the appurtenances, forever be exempt Irom exe-
cution and attachment.
^ 11. Every ordinance, regulation and by-law imposing Puwicationof
any penalty, hue, imprisonment or forfeiture, for a violation
of its provisions, shall, after the passage thereof, be pub-
lished ten days in the newspaper publishing the ordinances
of the city, receiving at least one insertion ; and proof of
such publication, by the affidavit of the printers or publish-
ers of such newspaper, taken before any officer authorized
to administer oaths, and filed with the , or any
other competent proof of such publication, shall be conclu-
sive evidence of the legal publication and promulgation of
such ordinance, regulation or by-law, in all courts and
places.
§ 12. All actions brought to recover any penalty for for-
feiture incurred under this act or any ordinance, by-law
or police regulation, in pursuance thereof, shall be brought
in the corporate name, before any police magistrate or the
circuit court of Macon county. It shall be lawful to declare
generally in debt for such penalty, fine or forfeiture, stating
452
CITIES.
Justices of the
peace.
Police magis-
trates.
Jurisdiction,
Ponalty for de-
Htiiu'tion of
pulili(J Duild-
ingg.
the clause of this act, the 'by-law or ordinance under
which the penalty or forfeiture is claimed, und to give the
special naatter in evidence under it.
§ 13. In all prosecutions fur any violation of any ordi-
nance, by-law or other regulation, the tirst process shall
be a summons, unless oath or affirmation be made for a
warrant as in other cases.
§ 14. The city council may have power to designate, by
ordinance or resohition, one or more justices of the peace in
said city, who shall have concurrent jurisdiction witii other
police magistrates, for any action fur the recovery of any
line, penalty or forfeiture under this act, or any ordinance,
by-law, or police regulation, anything in the laws of this
state to the contrary notwithstanding. Such justice or jus-
tices and police magistrate shall have power to enforce tines
and penalties not exceeding one hundred dollars. There
shall be such local court, of civil and criminal jurisdiction,
as may be established by the general assembly in the cities
of the state. Such court shall have jurisdiction over cases
arising under this act, or any ordinance of said city in pur-
suance thereof, and such other jurisdiction as may be estab-
lished by law. And the qualified voters of said city shall, at
the tirst election held under this act, and every four years
thereafter, at the regular election for city officers in pursu-
ance of the act of the general asssembly creating police
magistrate courts, eftict the number of police magistrates
prescribed in said act for said city, whose jurisdiction shall
be concurrent with and equal to tlie magistrates or justices
designated, as aforesaid, by the cit}^ council : Pwvidtd,i\\eiv
jurisdiction may at any time be extended by the general
assembly : And, provided, further, if from any cause a
vacancy may occur in the office of police magistrate, or
should the people at any time fail to elect, the city council
may immediately order a new election to till such vacancy
or otherwise.
§ 15. Execution may be issued immediately on rendition
of judgment. If the defendant lias no goods or chattels or
real estate within the county of Macon whereof the judgment
can be collected, the court shall require the defendant to
be contined in the county jail or workhouse or city ])rison
for a term not exceeding six months, or compel tlie defen-
dant to labor on the streets of the cit\ , in the discretion of the
C(nirt renderir.g judgment, and all persons who may be com-
mitted under this section, shall be contined or compelled to
labor on the streets one day for each one dollar of such
jndgment and costs ; and all tines, when collected, shall be
paid into the; city treasury.
§ 16. Any person who shall injure or destroy any bridge
or public budding, or other properly belonging to the city,
or shall cause or procure the same to be injured or destroy-
ed, shall be subject to a penalty not exceedinjj tive hundred
CITIES. 453
dollars for such offence, to be recovered by the city in an
action of debt before any court in Macon connty havino;
jurisdiction, 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, for the damaojes oc-
casioned by such injury or destruction.
§ 17. No person shall be an incompetent iuda^e, iustice, incorapetent
.'- . r^ , ,. 1 • 1 • '• 1 1 •* judges, et«.
Witness or juror by reason ot his bemg an inhabitant or
tVeeholder in the city of Decatur, in any action or proceed-
iuij; in which the said city may be a paity in interest.
§ 18. All ordinances, regulations and resolutions now in Prior ordinan-
foi'ce in the city of Decatur, and not inconsistent with this force.*^
act, shall remain in force under this act until altered, modi-
fied or repealed by the city council after this act shall take
effect.
§ 19. All rights, actions, tines, penalties and forfeitures Rights, aeUons,
in suits, or otherwise, which have occurred under the char- ^^°'
ter hereby repealed, shall be vested in and prosecuted by
the corporation hereby created.
§ 20. All property, real, personal and mixed, belonging Property, etc.
to the city of Decatur, 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 super-
seded in conformity to the provisions hereof, but shall be
governed by this act, which shall take effect from and after
its passage.
§ 21. All ordinances of the city, when printed and pub- Proof,
lished by authoiity of the city council, shall be received in
all courts and places without further proof
^ 22. The stvle of all ordinances shall be: "Be it or- sty'e of oMi-
1 • 1 1 1 • " •! ,• .1 • ,■ T^ ii nances.
darned by the city council ot the city oi Decatur.
§ 23. Any tract of land adjoining said city, which may Additions.
be laid off into lots or blocks, and duly platted according to
law, and any tract ot land adjoining the city, with the con-
sent of the owner thereof, may and shall be annexed to said
city and form a part thereof.
I 2i. This act shall not invalidate any legal act done by Act n»t to in-
the city council of the city of Decatur or by "its officers, nor vrolfa'^aets,^''^'
divest their successors under this act of any rights of prop-
erty, or otherwise or in any way affect any tax or assessment
levied or imposed by order of the city council, or any lia-
bilities which may have accrued to or been created by said
corporation prior to the passage of this act.
§ 25. All officers of the city created conservators of the Arrests, etc,
peace by this act, or authorized by any ordinance, shall
have power to arrest, or cause to be arrested, with or with-
out process, all persons who shall break the peace or threat-
en to break the peace, or be found violating any ordinances
of the city, commit for examination, and if necessary de-
tain such pessons in custody over night or the Sabbath in
454 CITIES.
the watch-house, or other safe place, or until they can be
brought heture a magistrate, and shall have and exercise
such other powers as conservators of the peace as the city
council may prescribe.
Of former acts. § 26. Nothing in this act contained shall be so construed
as to deprive tlie city council of said city of any power or
authority conferred upon the same by the act incorporating
said city, and which is hereby repealed, but the city shall
possess and enjoy all the powers and authority heretofore
conferred upon the same, except so far as such power and
authority are expressly moditled or repealed by this act or
the act heretofore nientioned.
Publication of § 27- There shall be a digest of the ordinances of the
digest of ordi- city whicli are of a general nature, published within two
nances. -^ ' . , i- i • ^ i ti t • i •
years atter the passage ot this act, and a like digest withia
every period of eight years thereafter.
Former acts re- § ^^^ T^i^^t an act entitled "An act to repeal an act enti-
peaied. tied 'an act to incorporate the city of Decatur,' and to re-
charter the same," approved January 26th, 1857, and all
acts amendatory thereof, be and the same are hereby re-
pealed : Provided^ that this act shall not in any manner
invalidate any of the acts done or ordinances passed and
approved by the city council of Decatur under the charter
hereby repealed, and that any and all the acts done by said
Valid in law. couucil HI Conformity to said charter shall be good and valid
in law, and all the rights secured to said city council under
said act may be retained and enforced by the corporation
hereby created, except so far as they conflict herewith, in
w^hich case they may be modified in conformity hereto.
Evidence of act § ^9. Tliis 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 atter its passage.
Approved February 21, 1807.
In force Feb. ^^ ^^'^ *° incorporate the city of Jersej'ville.
21, 1867.
CPIAPTER I.
BOUNDARIES AND TITLE.
Section 1. Be it enacted hy the People of the State of
Illinois, 7'epresented in the General Assembly, That the
Boundaries, ti- district of land ill the county of Jersej, and state of Illi-
nois, known and described as follows, to-wit : Beginning at
the center of the south-west quarter of section number fif-
teen (15), townshij) number eight (8) north, of range num-
ber eleven (11) west of the third principal meridian ; thence
ties
CITIES. 465
rrinnmg west two (2) miles to the center of the south-west
quarter of section number seventeen (17); thence south two
(2) miles to the center of the south-west quarter of section
number twenty-nine (29); thence east two (^A) miles to the
centre of the suuthwest quarter of section number twenty-
seven (27); thence north two (2) miles to the place of be-
p;inning, be and the same is hereby incorporated and erected
into a city, by the name of "The City of Jersey ville."
§ 2. That the resident inhabitants of said city shall be
and they are hereby constituted and shall hereafter con-
tinue forever to be a body politic and corporate, by the name
and style of "The City of Jerseyville;" and by that name Name and style,
shall be known in law, and have perpetual succession, and
may sue and be sued, plead and be impleaded, defend and
be detended in all courts of law and equity, and in all ac-
tions and matters whatsoever ; may purchase, receive, hold Powers, etc,
and enjoy real and persona] property, and clioses in action,
within and without the limits of said city, for the use of the
inhabitants thereof, and may sell, lease, convey and dispose
of the same for the benefit of said city or the inhabitants
thereof, and may improve and protect such property ; and
may have and use a common seal, and alcer the same at
pleasure; may do all other acts as natural persons which
may be necessary to carry out the powers hereby granted.
§ 3. The city of Jerseyville shall be and is hereby di-
vided into four (4) wards, as follows, to-wit :
Mrst ward. — AH that portion of said city which, lies wards,
north of Pearl street and the Fielden road, and lying and
being west of State street and the state road leading north,
shall be and is hereby established as and denominated the
first ward.
Second ward. — All that portion of said city that lies
north of Pearl street and the Carlinville road, and lying
and being east of State street and the state road, shall be and
is hereby established as and denominated the second ward.
Third ivard. — All that portion of said city lying south of
Pearl street and the Carlinville road, and lying and being
east of State street and the Alton road, shall be estab-
lished as and denominated the third ward.
Fourth ward. — All that portion of said city lying eouth of
Pearl street and the Fielden road, and lying and being west
of State street and the Alton road, shall be and is hereby
established as and denominated the fourth ward: Provided^
always., that the city council shall have, and they are hereby
vested with the power and authority to alter the bounda-
ries of the wards of said city, and to create additional
wards, and Hx the boundaries thereof.
456
CHAPTER I
GOVERNMENT.
fice property.
Government. § 1. The Corporate powers of said city shall be vested
in a city council, to be composed of the mayor of said city
and one alderman from each of the wards thereof. The
other officers of said city shall be as follows, to wit: A
clerk, who shall be, ex officio, treasurer and assessor; a sur-
veyor and constable, who shall be, ex ojfido, collector ; an
attorney, fire warden and a marshal, who shall be, ex ojfido,
street commissioner. The mayor and aldermen shall be
elected by the qualified voters of the city, and hold their
respective offices for one year, and until their successors are
elected and qualified : Provided, that no person shall be
eligible to any of the aforesaid offices unless a citizen of the
United States, and of this state, and who shall have had at
least one year's residence in said city previous to his elec-
tion : Provided, further, that the city council may elect or
appoint such other officers of the city as they may deem ad-
visable, and by ordinance prescribe their powers and duties.
Delivery of of- ^ 2. If any pcrson, havinu; been an officer in said citj^,
who shall not within ten days after notification and request,
deliver to his successor in office, all money, property, papers
and efiects of every description, in his possession, beloiig-
ing to said city or appertaining to the ofiice held by him
he shall forfeit and pay, for the use of the city, the sum of
one hundred dollars, besides all damages caused by his
neglect or refusal so to deliver ; and such successor shall
and may recover possession of the books, papers, property,
etc., appertaining to his office, in the manner prescribed by
the laws of this state for the recovery of the possession of
personal property.
§ 3. The mayor, constable, marshal and aldermen of
said city ai'e hereby created conservators of the peace, within
atid for said city, and shall, and they are hereby declared
to be exempt from all jury duty, and from the i)aymeut of
street or poll tax during their continuance in office.
§ 4. The emoluments, salaries and fees of all city offi-
cers shall be fixed and regulated by the city council, by
ordinance, and the same shall not be changed or altered so
as to afi'ect any officer during his term of office.
§ 5. When a vacancy shall occur in any elective office,
either by a failure of the people to elect, or by the death,
removal or resignation of any incumbent, the city council
shall forthwith declare said office or offices vacant, and order
a new election ; and if from aiiy cause there shall not be a
sufficient nmnber of aldermen of the city left to form a
quorum, it shall be the duty of the clerk to order such
election.
Mayor and
dermen.
Fees and emol
uments.
CITIES. 457
§ 6. In case of a vacancy occurrini^ in the office of mayor, Designation of
or if the mayor be nnable to perform the duties of his office, ^er."^'°^ °*"
by reason of temporary absence or sickness, the city coun-
cil shall appoint, by ballot, one of their number to act as
mayor, whose official clesii^nation skall be "actino^ mayor,"
and the alderman so appointed shall be and he is hereby
vested with all the powers and shall perform all the duties
and be subject to all the liabilities of the mayor, until
the mayor shall resume the duties of his office, or the va- \
cancy be filled by a new election.
§ 7. Whenever a vacancy shall occur in the office of any vacancy,
person elected or appointed by the city council, by death,
resignation or from any other cause, the city council shall
immediately declare such office vacant and till the same by
a new election or appointment.
§ 8. Whenever a tie shall occur in the election of any Ties,
person to any office created by section one (1) of this chap-
ter, the judges of election shall certify the same to the
mayor of said city, who shall determine the same by lot, in
such manner as may be prescribed by ordinance.
§ 9. Any person elected to any office under this act may Removals from
be removed from such office by a two-thirds vote of all the °^^^'
aldermen of said city, but no person shall be so removed
except for good cause, nor until first furnished with the
charges preferred against him, in writing, and heard in his
own defense ; and the city council shall have power to com-
pel the attendance of witnesses and the production of papers
for the purpose of such hearing, and shall proceed in a sum-
mary manner to hear and determine the merits pf the case.
And if such officer shall refuse or neglect to appear at the
time appointed for a hearing, and neglect to make answer
to the charge or charges preferred against him, the council
may declare his office vacant, and the city council may sus-
pend any officer until a final disposition of the charges pre-
ferred : I^rovided, that the provisions of this section shall
not apply to officers appointed under this act by the city
council, such officers may be removed at any time, at the
discretion of the council, by a two-thirds vote of all the
aldermen.
§ 10. All persons elected or appointed to office under oath of office,
this act shall, before they enter upon the duties of their re-
spective offices, take and subscribe the oath of office prescribed
in the constitution of this state, and within ten days alter
notice of such election or appointment, file the same duly
certified by the officer before whom it was taken, with the -
clerk of the city ; and any person neglecting so to do shall
be considered as having refused to accept the office, and
such office may immediately be declared vacant. The
mayor, before entering upon the duties of his office, shall,
in addition to the above oath, make oath or affirm that he
Yol. 1—32
458 CITIES.
will devote so much of his time to the duties of his office
as an efficient and faithful discharge thereof may require.
Bonds. I 11. AH persons elecjted or appointed, under this act,
to the office of ma^'or, clerk, attorney, assessor, constable,
marshal and street commissioner, shalU before they enter
upon the duties of then- respective offices, severally execute
to the city of Jersey ville, a bond in such sum and with such
securities as the city council may approve, conditioned that
they shall faithfully execute the duties of their respective
offices, and account for and pay over all moneys and other
property belonging to said city, received by them, which
said bonds, with the appi'oval of the city council certified
thereon by the clerk, shall be filed with the clerk : Provided^
that the city council may, at their discretion require bonds
of any and all other officers of said city, and that no mem-
ber of said city council shall be received as surety upon any
official bond.
CHAPTER III.
ELECTIONS.
Elections. § 1. An annual election for all the officers of said city
required to be elected by this act, or by any ordinance of
said city shall be held in the said city on the third Tuesday
in April in each year, at such place or places as the city
council may appoint. Six days' previous public notice of
the time and place of holding such election shall be given
by the clerk, by posting up notices of the same in three
public places in each ward.
Officers to be § 2. At soch annual election there shall be elected by the
ejected. yotcrs of Said city, a mayor and one alderman from each
ward, and the person receiving the highest number of votes
for either of said offices shall be declared elected.
§ 3. When two or more candidates for an elective office
shall receive an equal number of votes, the electicm shall
be determined as prescribed in chapter , number two (2),
section five (5) of this charter.
Judges of eiec- |4. There shall annually be appointed two judges of
election, and one clerk for each poll opened, who shall hold
their offices until their successors are appointed. If no
judge be present at the time appointed for opening the polls,
or it the judges being present refuse to act, th'e voters may
' elect two of their own number to act as judges, and if the
cler!; be absent tht judges may appoint a person to act as clerk.
Oath of judges. g 5. The judges and clerks of all elections held under
this act shall take the same oath and have the same powers
and authority as the judges and clerks of general state elec-
tions have; and the manner of voting at, conducting and
contesting said elections, the opening and closing of the
polls and keeping of the poll lists, canvassing of the votes
and certifying the return shall be the same, or nearly as may
CITIES. 459
be, as at general state elections; the returns, certified
as above, sliall be sealed aud returned to the city clerk
within three days after the election, and thereupon the
city council shall meet and canvass the same and declare
the result of the election. It shall be the duty of the
city clerk to notify all persons elected or appointed to office
of their election or appointment.
§ 6. All officers of said city whose ele-'^tion is not Appointments,
specially provided for by this act, shall be appointed by
the city council by ballot, at their first meeting after each
annual election, or as soon thereafter as practicable.
§ 7. Any person qualified to vote at general state elec- Qualifications,
tions, who has been an actual resident of said city
for three months immediatel}' preceding any election shall
be entitled to vote: Provided, that such person, if re-
quired by any judge of election or qualified voter of said
city, shall take the following oath, to-wit ; " I do solemnly
swear (or affirm) that I am twenty-one years of age ; that
I am a citizen of the United States (or was an inhabitant
of this state at the time of the adoption of the constitution)
and have been a resident of this city three mouths next
preceding this election, and have not voted at this election,"
also prove his residence by a freeholder resident of the city. Mannerofhoid-
§ 8. All special electiuns shall be held and conducted "^^'
in the same manner as annual elections, and public notice
of holding the same shall be given by the clerk, in the
same manner as is herein provided to be given of annual
elections.
§ 9. No qualified voter of said city shall be subject to Arrests.
arrest upon civil process within said city upon the day
which any election is being held in said city, and all per-
sons illegally voting at any election held under this act or
under any ordinance of the city, shall be prosecuted and
punished in like manner and to the same extent as any per-
son may be by the laws of this state for illegal voting at
general state elections.
CHAPTER IV.
POWERS A-\D DUTIES OP OFFICERS.
§ 1. The mayor of said city shall have all of the ordi- Powers and du-
nances passed by the common council faithfully executed,
and to aid him in the discharge of his duty he is hereby
authorized to call on every male inhabitant of said city over
the age of eighteen years, and in case of riot to call out the
militia to aid him in carrying the same into effect ; and any
person who shall not obey the call of the mayor shall for-
feit to the corporation a tine of ten dollars. The mayor
shall have power to call special meetings of the aldermen,
when in his opinion the public good may require it. He
shall have power, whenever he may deem it necessary, to
4:60 CITIES.
require any of the officers of said city to exhibit his books
and papers ; and he shall, from time to time, make such
communications to the board of aldermen as he may con-
sider necessary and proper ; and, in general, he shall have
power to do all other acts and things that may be required
of him by any ordinance made in pursuance of this act.
He shall have power to take the acknowledgment of deeds,
mortgages and all other instruments, and certify the same
under seal of the city, all of which shall be valid in law.
Duties of city § 2. The clcrk shall keep the corporate seal and all books
clerk. aij(j papers belonging to the city. He shall be, ex officio^
clerk of the board of the city council, and as such shall
keep a full and complete record of all their proceedings ;
and copies of all papers duly filed in his office, and tran-
scripts from the journals of the proceedings of the city
council, certified by him, under the corporate seal, shall be
admitted as evidence in all the courts of this state in like
manner and to the same. extent as the originals. To issue
all licenses authorized by the ordinances of said city ; to
receive all money due said city ; to keep a regular account
of all such receipts showing the date and on what account
received. He shall also pay out the funds of said city only
on orders or warrants drawn by the mayor and counter-
signed by the clerk; he shall register in a book to be kept
by him for that purpose, all orders or warrants on the trea-
sury which may be drawn as soon as issued, and when paid
shall enter the same in said book as canceled. He siuill,
at the end of such year or oftener if required by the city
council, exhibit to said council a statement in writing of tiie
financial affairs of said city and do all other acts which may he
required of him by any ordinance passed in conformity to
this charter. He shall, before entering upon the duties of
his office, execute a bond to the city of Jerseyville for the
use of the inhabitants of said city in a ])enalty of not less
than three thousand dollars nor more than ten thousand
dollars, with two or more securities to be approved by the
city council, conditioned that he will faithfully perform all
the duties of his office, and will fully and justly account for
and pay over all money and deliver all books, papers, bonds
and other property of said city which may come into his
possession by virtue of his office; and will, at any time, if
additional security is required of him, furnish the same to
the satisfaction of the city council, which bond he shall de-
liver to the mayor to be by him sately kept, and the same
shall be held for the benetit and security of said city and all
other pei-sons interested therein.
Assessor. ^ § 3. The asscssor shall perform all the duties in rela-
tion to the assessing of property for the purpose of levying
the taxes im])Osed hy the city council, as hereinafter pro-
vided.
CITIES. 46*1
§ 4, The collector shall collect all taxes and assess- collector,
ments which may be levied or assessed by ihe city council,
and perform such other duties as may be prescribed by
this act or any ordinance of the city.
§ 5. The surveyor shall have the sole power, under surveyor.
the direction and control of the city council, to survey
within the city limits, and he shall be governed by such
rules and ordinances as the city council shall adopt. In
making of plats and surveys within the city limits he shall
have the same powers as are given by law to county sur-
veyors, and the like effect and validity shall be given to
his acts and to all phits and surveys made by him as are
now or may hereafter be given by law to the acts, plats and
surveys of county surveyors.
§ 6. The attorney shall conduct all actions at law or in Attorney,
equity to which said city may be a party, or in which the
city is in any manner interested, and in general, act as legal
counsellor of the city, and be governed by any ordinance
that may be prescribed in relation to his duties.
§ 7. The marshal shall, within the limits of said city. Marshal.
have the same power and authority which a constable has
under the statutes under this state, when the city is a party.
He shall be a conservator of the peace within said city, and
may arrest all persons on view, with or without a warrant,
who may be found violating any of the ordinances of the
city ; and shall perform such other duties as the council
may, by ordinance prescribe.
§ 8. The fire warden shall be chief of all hook and lad- Fire-warden,
der and bucket companies that may be organized by the
city council, and shall perform such duties, be subject
to such liabilities as the city council by ordinance may pre-
scribe.
§ 9. The street commissioner shall, under the direction street commia-
and order of the city council, superintend the opening of ®'°''^''-
streets and alleys, working and keejDing in repair and grad-
ing the same, the construction and repairing of bridges,
culverts, sewers, cross-walks, sidewalks, and such other
duties as this act and the city council may by ordinance
prescribe.
§ 10. The city constable elected under the provisions of constable,
this act, shall be city collector of taxes, and shall have power
and authority to execute all process issued for the breach of
any ordinance the same as the city marshal, and for that
purpose his authority shall extend over the county of Jer-
sey and in addition shall have the same power, jurisdiction
and authority within the limits of said county as other con-
stables in all cases under the laws of this state, and shall
give bond and qualify as the said city council shall by ordi-
nance prescribe.
§ 11. The city council shall have power to require fur- council,
ther and other duties of all oflScers elected or appointed
462 CITIES.
under this act or the ordinances of the city, not conflicting
with the duties herein specially set forth.
Kow eommis- g 12. All officcrs of the citj except mayor and alder-
men shall, before entering upon their duties be commis-
sioned by warrant under the corporate seal, signed by the
mayor or presiding ofhcer of the city council, and counter-
signed by the clerk, excepting the first election held on the
third Tuesday in April, a. d. 1867, when such officers elected
shall be commissioned by the president of the town council
of the town of Jerseyville, and countersigned by the clerk
of said town.
CHAPTER V.
CITY COUNCIL ITS POWERS AND DUTIES.
Duties of city § 1. The city couucil shall hold one stated meeting in
counci,e c. ^^^^ mouth in each year, and the mayor or any two atder-
men may call special meetings by notice to each member
served personally, or left at his usual place of residence or
business. Such meeting may be held at such times and
places within the city as the city council may prescribe.
Presiding offi- § 2. Tlic mayor, when present, shall preside at all meet-
cer, etc. ^^^^^ ^^ ^^^ city couucil, and shall have a casting vote only.
In his absence the city council shall appoint one of their
own number to preside. A majority of the aldermen author-
ized to be elected by tliis act, shall constitute a quorum for
the transaction of business; but a less number may meet
and adjourn from day to da_y, and compel the attendance of
absent members, imposing such penalties for non-attendance
as they may deem advisable.
Rule of pro- § 3. The city council shall keep a journal of its proceed-
ceedings. ings, and shall have power to determine the rules of its
proceedings, punish its members for disorderly conduct,
and with the concurrence of two-thirds of its members,
expel a member.
Management of g 4, The city couucil shall judge of the election and
qualification of its own members, and shall have the man-
agement and control of the finances, and all the property,
real, personal and mixed, belonging to the said city of Jer-
seyville, and shall likewise have power by ordinance,
Indebtedness. Fivst. — To borrow moucy on the credit of the city and
issue the bonds of the city therefor: Provided, that no sum
or sums of money shall be borrowed at a greatei- rate of
interest than ten per cent, per annum, nor shall the sum of
money so borrowed and interest combined, ever exceed one-
half of the city revenue arising from taxes assessed the
previous year on real and pei-sonal property within the
limits of said city. Nor shall the indebtedness of the
city ever exceed the sum of ten thousand dollars at any
one time: Provided, f urther, tli^t the city council shall first
submit all proposals to borrow money to the legal qualified
CITIES. 463"
tax paying voters of the city, and which shall be approved
by a majority of the voters voting at such election before any
money shall be borrowed as aforesaid.
Seco7id. — To appropriate money and provide for the pay- Appropriations,
ment of the debts and expenses of the city.
Third. — To make all needful rules and regulations to
prevent the introduction and spread of infectious or conta-
gious diseases within the city.
Fourth. — To establish hospitals and make regulations
for the government of the same.
Fifth. — To tax, license, regulate or prohibit the selling or Tax and license
giving away of any spirits, wines, or other liquors, whether
ardent, vinous, malt or fermented, by any person.
Sixth. — To prohibit the selling or giving away of ardent Liquors, etc,
spirits or other intoxicating liquors, to any insane, or lunatic
person, or to any child, apprentice or servant, without the
consent, in writing, of his or her parent, guardian or
master.
Seventh. — To license, tax, regulate, suppress or prohibit
billiard or bagatelle tables, pin alleys, nine or ten pin alleys,
and ball alleys, or other gaming tables or alleys.
Fiqhih. — To tax, license and reeulate hackmen, draymen, Hacijmen and
^ ^ , • ■^ 1 . 1 1 "^ • draymen, etc.
carters, porters, ommibus drivers, cabmen, packers, carriers
and all others who may pursue like occupations, with or
without vehicles, where the same is done for pay, and pre
scribe their compensation.
Ninth — To tax, license and regulate auctioneers, distillers,
brewers and pawn brokers.
Tenth. — To have the sole right, exclusive of the state, to Hawkers, ped-
license, tax and regulate or suppress hawkers and peddlers: '^'^'■*'®'°'
Provided., where a license is granted the person or persons
shall pay a sum of money into the ciiy treasury of not less
than live dollars for each day or part of a day he or they
hawk or peddle within the city hmits: Provided^ further^
that no license shall contain the names of more than two
persons, and then the persons shall be actual and bona jide
partners.
Eleventh. — To license, tax, regulate, or prohibit all exhi- ^g^ows*'et°e^'
bitions of common showmen, shows of every kind, con-
certs or other musical entertainments by itinerant compa-
nies or persons, exhibitions of natural or artificial curiosi-
ties, caravans, circuses, theatrical performances, and all
other exhibitions or amusements.
Tioelfth. — To authorize the city clerk to grant and issue issuing license,
licenses for any or all of the above purposes and direct the
manner of issuing and registering the same, and the fees
to be paid therefor: Provided, no license shall be granted
for a longer term than one year, nor for a less sum than
three dohars, nor more than five hundred dollars: And, pro-
vided, further, that no license shall be granted for the sel-
ling or giving away of any wines or other liquors, whether
464
Gaming, etc.
Factories, tan
neries, etc.
Breweries, etc.
ardent, vinous, malt or fermented, either at wholesale or
retail or in any quantities either by inn keepers, or any other
person or persons as atoresaid, for a sum less than tifty dol-
lars, and then and in that case a bond with sureties, to be
approved by the city council, shall be taken, binding the per-
son or persons receiving such license to a due observance
of the laws and ordinances of the city regulating such
matters.
Thirteenth. — To suppress, restrain or prohibit all descrip-
tions of gaming and fraudulent devices, and all playing of
dice, cards and other games of chance, with or -without
betting, all disorderly houses and groceries, houses of ill
fame, billiard tables, nine or ten pin alleys, or other tables
or alleys, and to authorize the destruction or demolition
of all instruments and devices used for the purpose of
gaming.
Fourteenth. — To compel the owner or occupant of any gro-
cery, cellar, tallow chandler's shop, soap factory, tannery, sta-
ble, barn, privy, sewer or other unwholesome, nauseous house
or place, to cleanse, remove or abate the same from time to
time, as often as may be necessary for the health, comfort
and convenience of the inhabitants of the city.
Fifteenth. — To direct the location and management of
and regulate breweries, tanneries and packing houses, and
to direct the location, management and construction of, and
regulate, restrain, abate or prohibit within the city, distille-
ries, slaughtering establishments, establishments for steum-
offai,etc. ing or rendering lard, tahow, otfal, and such other substan-
ces as can or may be rendered ; and all establishments or
places where any nauseous, oflensive or unwholesome
business may be carried on.
Markets. Sixteenth. — To erect market houses, and to establish mar-
kets and market places, and provide for the government
and regulation of the same.
Seventeenth. — To provide for the erection of all needful
buildings for the use of the city.
Public grounds. Fkjhteenth. — To provide for inclosing, improving and
ornamenting all public grounds belonging to the city.
Nineteenth. — To direct the location and management of
houses for storing of gunpowder, tar, pitch and rosin, and
other combustible materials, or prohibit the same.
Twentieth. — To prevent the encumbering of the streets,
sideM^alks,. lanes, alleys and public grounds of the city,
with any article or substance whatever.
Twenty-first. — To cause cross and sidewalks, main drains
and sewers, private drains and aqueducts to be constructed
and laid, relaid, cleansed and repaired.
Tioeny two. — To cause all owners or occupants of promi-
ses to build sidewalks and keep the same in re|):iir in front
of said premises, and when not built according to the orders
of the city council, to build and repair the same, and assess
Encumbrances.
Sidewalks, etc.
CITIES. 465
the costs thereof against said premises, and collect the same
as other city taxes are collected.
Twenty three — To compel all persons to keep the snow, Dirt, rubbish,
ice, dirt and all rubbish from the sidewalks in front of the ®*^'
premises owned or occupied by them.
Tioenty -fourth. — To till up, drain, cleanse, alter, relay, ^l^l\ i*'"**"
repair and regulate any lots, blocks, grounds, yards, barns,
slips, cellars and private drains, sinks and privies, direct
and regulate their construction, and cause the expenses to
be assessed on the premises benefited thereby, and to collect
the same in the same manner as other city taxes.
Twenty-fifth. — To direct and regulate the planting and ornamental
•i- i.1 jii. •'^^1 '^ trees, etc.
preservmg ot ornamental and shade trees m the streets,
alleys and public grounds.
Twenty-sixth. — To prevent horse racing and immoderate
riding or driving in the streets, lanes, avenues or alleys, and
to punish the abuse of animals.
Tioenty -seventh. — To compel persons to fasten their horses. Running at
oxen or other animals while standing or remaining in the mafs. °^ *^'"
streets, lanes, avenues or alleys.
Twenty -eighth. — To restrain and punish vagrants mendi- Beggars, etc.
cants, street beggars and prostitutes.
Twenty-ninth. —To restrain, regulate or prohibit the run-
ning at large of cattle, horses, asses, mules, swine, sheep,
goats and geese, and to authorize the distraining, impound-
ing and sale of the same for all penalties and costs incurred.
Thirtieth. — To prevent or regulate the running at large ^ogs, etc.
of dogs, and to authorize the destruction of the same when
at large.
Thirty first. — To prevent or regulate the rolling of hoops. Hoops, kaii. etc
playing of ball, flying of kites, or any other amusement or
practice, having a tendency to annoy persons passing in the
street or on the sidewalks, or to frighten teams or horses.
Thirty- second. —To prevent the ringing of bells, blowing Bonfires, etc.
of horns and bugles, building bonfires, crying ot goods, and
all other noises, performances and devices tending to the
collection of persons on the streets or sidewalks, by atiction-
eers or others for the purpose of business, amusement, or
otherwise.
Thirty-third. — To provide the city with water; to sink Water,
and keep in repair cisterns, wells and pumps in the streets,
lanes or alleys, and to regulate by ordinance the size of the
same.
Thirty-fourth. — To prevent the dangerous construction chimneys, etc.
and condition of chimneys, fireplaces, hearths, ovens, stoves, ""^sui^ted.
stove pipes, engines, boilers and other apparatus used in
and about an> building or manufactory, and cause the same
to be removed and placed in a safe and secure condition
when considered dangerous.
Thirty-fifth. — To require the inhabitants of said" city to Fires, etc.
provide as many fire buckets and in such manner and time
Vol. 1-38
et compaBi
466 CITIES.
as they shall prescribe, and where they shall be kept, and to
regulate the use of them in time of tire.
Thirty-sixth. — To regulate or prohibit the use of firearms
and all kinds of fireworks.
Ladders, etc. Thirty-Seventh. — To compel the owners or occupants of
houses and other buildings to have suitable scuttles in the
roofs, and stairs or ladders thereto, or to keep at least one
ladder where it may be at all times ready to go on to the
roof in case of fire.
Hook and buck Thirty -eighth. — To provide for the prevention and extin-
"* """""'"'"'' guishraent of fires; to procure, organize and equip fire, hook
and ladder, bucket and axe companies, and prescribe their
powers and duties.
Thirty -ninth. — To authorize the mayor, aldermen, fire
wardens and other otficers of said city to keep away from
the vicinity of any fire, all idle and suspicious persons, and
to compel all oflicers of said city and all other persons, to
aid in extinguishing fires and preserving property.
Fortieth. — To establish bridges, erect and keep the same
in repair.
Lighting of the Fortij-first — To providc for lighting the streets and erect-
streets. -^^^ \^m^ pOStS.
Forty-second. — To establish, regulate and appoint police-
men and night watches, and prescribe their powers and
duties.
Enumerations. Forty-third. — To provide for taking the enumeration of
the inhabitants of the city.
Fees of jurors. Jj orty-fourth. — To fix the compensation and regulate the
fees of jurors, witnesses and others for services rendered
under this act or any ordinance.
Fuel, etc. Fortyfi^th. — To regulate the measuring of wood and the
weighing and selling of coal and hay, and the place and
manner of selling the same.
Inspectors and Forty-sixth. — To appoint inspectors, weighers and gang-
ers, and regulate their duties and prescribe their fees.
Forty -seventh. — To declare what shall be a nuisance, and
abate the same, and to do all acts and make all regulations
which may be necessary for the preservation ot the public
health.
Forty-eighth. — To direct and control the laying and con-
Tridges, etc. strucciou of railroads, bridges, turnouts and switches, in
the ^streets and alleys, and the location of depot grounds
within the city; to require railroad companies to keep in
repiiir and to light the streets and alleys through which
their ti'iicks may run, and to construct and keep in repair
and unobstructed suitable crossings at the intersections of
tlieir roads with the streets, alleys, ditches, sewers and cul-
verts ; to direct the use and regulate the speed of locomotive
engines within the inhabited portion of the city ; to pro-
hibit and restrain railroad companies from doing storage or
warehouse business or collecting pay for storage.
weighers.
Railroad
CITIES. 467
Fovty-ninth. — To regulate, establish and order party ^and*|encer*"'
walls and partition fences.
Fiftieth. — To provide for the punishment of offenders by Punishment o
c ■ • ^ i u *1 • i.1 4. •*.••! offenders.
line or imprisonment, or both, m the county or city jail,
and by requiring them to work on the streets, lanes, or
alleys of said city, in all cases where the ofieuder or of-
fenders shall fail" or refuse to pay any fine or forfeiture re-
covered against them : Provided., such fines shall not ex-
ceed one hundred dollars, and such imprisonment shall not
exceed six months for any one offence.
Fifty first. — To license, tax and regulate inn keepers, ^""ents^eu^"'
merchants, manufacturers, insurance agents, brokers, mon-
ey changers, lawyers, physicians, claim agents, butchers,
bakers, and any and all trades and occupations ; and no
such trade or occupation shall be carried on without such li-
cense, under such penalties as the city council may prescribe.
Fifty-second. — To prescribe in what part of the city frame Frame buiid-
buildiugs of any description shall not be built or erected, '°^^"
and provide for the punishment of persons violating the
provisions of any ordinance the city council may pass, and
to tear down and remove the same, or cause the owner
to tear down and remove the same, when erected or
built contrary to the provisions of the ordinance passed by
said council.
Fifty-third. — The city council shall have power to make. Amend and re-
publish, ordain, amend and repeal all such ordinances, by- ances.
laws and police regulations as may be necessary for the
good government and order of the city and the trade and
commerce thereof, and to enforce the same by fine or im-
prisonment, or by both : Provided^ such fine shall not ex-
ceed one hundred dollars, and such imprisonment shall not
exceed six months for one offence.
CHAPTER VI.
REVENUE ASSESSMENT AND COLLECTION.
§ 1. The city council shall have power to levy and col- t»x«s.
lect annually, taxes not exceeding five mills on each dollar
of the assessed value of all real and personal estate and
property within the city of Jersey ville, and all the person-
al property of the inhabitants thereof made taxable by the
laws of the state for state purposes, which taxes shall con-
stitute a general fund, .
§ 2. The city council shall provide by ordinance for the Judgments,
assessment, levy and collection of taxes in pursuance of the
foregoing section of this chapter, and shall have full power
and authority to provide by ordinance for the obtaining of
iudgments for delinquent taxes, and the advertisement and
sale of property real and personal, for such delinquent
taxes, and thr3 conveyance and confirmation of titles there-
to not inconsistent with the constitution of this state.
468
CITIES.
CHAPTER VII.
STREET OR POLL TAX.
Delinquents.
DispositioB
money.
Suits, etc.
§ 1. Every male inhabitant residing within the limits
of the city of Jersey ville, except such as are exempted by
this act, between the ages of twenty-one and fifty years,
shall labor three days in each year upon the streets and
alleys of said city ; but any person may pay in lieu thereof
to the street commissioner two dollars : Provided^ the same
shall be paid at the time of warning the person to work or
during the day. In default of payment, the sum of three
dollars may be collected, and no off-set shall be allowed.
§ 2. It shall be the duty of the street commissioner to
report to the city council the name of every person who
shall refuse to labor or pay as aforesaid within thirty days
after neglect or refusal, together with the time and manner
of notification. The oath of the street commissioner shall
be deemed sufficient evidence of the notice required by this
chapter,
of § 3. All money collected for poll or street tax by the
marshal shall be immediately paid over to the city clerk,
the clerk giving his receipt therefor, and entering the same
upon the city books.
§ 4. Suits for the recovery of said penalty for failing or
refusing to so labor as aforesaid shall be brought in the name
of said city of Jerseyville, before any justice of the peace
in said city, and prosecuted as in other cases as provided by
law.
CHAPTER VIII.
STREETS AND ALLEYS.
Streets and al-
leys.
Private proper-
ty taken.
Judgments
§ 1. The city council shall have power to establish,
open, vacate, alter, widen, extend, straighten, grade, pave,
plank, or otherwise improve and keep in repair streets, av-
enues, alleys and lanes in said city.
§ 2. When it shall be neceesary to take private property
for opening, widening or altering any public street, lane,
avenue or alley, the city shall make just compensation to
the person or persons whose property is taken, and if the
amount of such compensation can not be agreed on, the city
council shall cause the same to be ascertained by a jury of
six disinterested freeholders of the city : Provided^ that
when the owners of all the property on a street, lane, av-
enue or alley proposed to be opened, widened or altered,
shall petition therefor, no compensation shall be made to
those whose property shall be taken.
§ 3. The venire for a jury in any case under this chap-
ter shall be issued by tlie city clerk and directed to the
marshal, who shall execute and return the same with his
CITIES. 469
indorsement thereon, how and in what manner he served
the same.
§ 4. All jurors empanneled to inquire into the Damages,
amount of benelits or damages which shall happen to the
owner or owners of property proposed to be taken for open-
ing, widening or altering any street, lane or alley, shall
first be sworn to that efiect, and shall return to the city
clerk their inquest in writing signed by each juror.
§ 5. In ascertaining the amount ot compensation to be compensation.
made to the owner of any property taken tor opening, wid-
ening or altering any street, lane, avenue or alley, the jury
shall take into consideration the benefits as well as the in-
jury accruing to such property or the owner thereof.
§ 6. The city council shall have power, for good cause New inquests,
shown, within thirty days after any inquest shall have been
returned as aforesaid, to set the same aside, and cause a
new inquest to be made.
§ 7. Each public road within the limits of the city shall Public roads,
be considered and treated as a street.
§ 8. The city council shall have power by ordinance to special taxes.
levy a special tax on the lands and lots situated on any
street or part of a street, lane, avenue or alley, according to
their respective values, for the purpose of paving, grading,
planking or lighting said streets, lanes, alleys or avenues
in front of the same, and to collect said tax in the same
manner as other city taxes are collected.
CHAPTER IX.
MISCELLANEOUS PROVISIONS.
§ 1. The style of all ordinances passed by the city coun- style of ordin-
cil shall be — " Be it ordained by the city council of Jersey- ^°'^^^-
ville," and shall be rea.d three times before their final pas-
sage. Upon the final passage of all ordinances, the ayes
and noes shall be taken and recorded.
§ 2. All ordinances shall, before they take efiect, be Approval of ord-
placed in the oflice 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 ob-
jections thereto. Upon the return of any ordinance by the
mayor, the vote by which the same was passed shall be re-
considered, and if, after such reconsideration, a majority of
all the members of the city council shall agree by the ayes
and noes (which shall be entered on the journal) to pass the
same, it shall go into effect ; and if the mayor shall neglect
to approve, or object to any such ordinance for a longer
period than three days after the same shall be placed in the
clerk's ofiice as aforesaid, the same shall go into efi'ect the
same as if he had signed it.
4:70 CITIES.
tion ot vote.
BecoMsidera- § 3. Ko vote of the city council shall be reconsidered
tinn ot^^f^ ^^ rescined at a special meeting unless the meeting be call-
ed in whole or in part for that purpose, nor unless at such
special meeting there be present as large a number of al-
dermen as were present when the vote was taken.
4. Neither the mayor or city council shall remit
Remission
s, etc. j^jiy fine or penalty imposed upon any person for a viol
tion of any law or ordinance of said city, or release from
confinement, unless two-thirds of all the aldermen elected
shall vote for such release or remission,
pnbiiration of § 5. Evcry ordiuaucc, regulation or by-law imposing
ordinances.
any tine, penalty, imprisonment or forfeiture for a violation
of its provisions, shall, after the passage thereof, be pub-
lished once in the newspaper publishing the ordinances of
the city, and proof of such publication by the affidavit of
the printer or publisher of such newspaper, taken before
any officer authorized to administer oaths, and filed with
the city clerk, shall be conclusive evidence ot the fact of
publication and promulgation of such ordinance, regulation
or by-law in all courts and places.
Securities. § 6. The city of Jerseyville shall not be required to
give security for costs in any appeal or other suits to w^hich
said city may be a party.
Salaries of of- § 7, The city council shall by ordinance prescribe the
fleers. salaries, in addition to the fees, of the office of mayor, in a
sum not less than one hundred nor more than two hundred
dollars ; clerk, a sum of not less than two hundred nor
more than three hundred dollars ; marshal, a sum of not
less than one hundred nor more than two hundred dollars;
constable, not less than one hundred nor more than three
hundred dollars. All of said salaries to be paid quarterly,
out of the city treasury, on orders duly signed, of money
not otherwise appropriated.
Justices of the § 8. The city coujicil shall have power to designate one
psace. Qj. i^ore justices of the peace in said city, who shall have
authority to hear and determine all violations for any breach
of the ordinances of said city. The said city of Jersey-
ville shall constitute a district, in which one justice of
the peace shall be elected by the qualified voters of said
city, and who shall be commissioned and qualified in all
respects as other justices of the peace of this state. He
shall hold his office for four years, and in addition to having
power to heai' and determine all cases arising under this
charter, and for a violation of any ordinance of the city
council of said city, he shall have and exercise all the pow-
ers and authority conferred on justices of the peace by the
laws of this state, and shall be entitled to charge and re-
ceive the same fees as are allowed by law to other justices
of the peace. And in all cases before him, arising under
the ordinances of said town, any person or persons charged
with a violation of the same, shall be entitled to a trial by
471
a jury of six lawful men, being citizens of said county of
Jersey. The first election for said justice of the peace
shall be had on the third Tuesday of April, next preceding
the expiration of the term of office of the present acting
justice of the peace of the town of Jerseyviile ; and in the
meantime the said justice of the peace of the town of Jersey-
viile shall continue in office and exercise all the powers con-
ferred by this act on the justice of the peace in this section
provided for: Provided^ that if any vacancy shall occur in
said office of justice of the peace, the same shall be filled
by a special election to be called and conducted as provided
in this act for other special election of officers of said city
of Jerseyviile. Appeals from any decision of said justice,
or trial before him, shall be allowed, by the party entering
into bond as provided by law in cases of appeal from other
justices of the peace of this state.
§ 9. Execution shall issue immediately on the -rendi- Execution.
tion of judgment. If the defendant have no goods or chat-
tels, lands or tenements, whereof the judgment can be
collected, it shall be the duty of the marshal or constable,
having such execution, to immediately return the same to
the officer issuing the same, and thereupon the said mayor or
justice of the peace, shall issue a mittimus to commit him,
her or them, to the city jail, or the jail of Jersey county,
there to be and remain twenty-four hours, for each one dol-
lar of any such fine and costs, or proceed as the city council
by ordinance shall prescribe.
§ 10. All fines collected for ?nd on behalf of the city, Fines,
shall be forthwith paid to the city clerk, by the person col-
lecting the same.
§ 11. All actions brought to recover any penalty or for- Action*,
feiture incurred under this act or the ordinances, by-laws
or police regulations made in pursuance of it, shall be
brought in the corporate name. It shall be lawful to declare
generally when brought in a court of record in debt for
such penalty or forfeiture, stating the clause of this act, or the
ordinance, by-laws or police regulations under which the
penalty or forfeiture is claimed, and to give the special
matter in evidence under it.
§ 12. In all prosecutions for any violation of any ordi- Pi^osecutors.
nance, by-law, police or other regulation or this act, the
first process shall be a summons, unless oath or affirmation
be made for a warrant.
§ 13. All officers of the city created conservators of the Processe*.
peace, by this act, shall have power to arrest or cause to be
arrested, with or without process all persons who shall
break or threaten to break the peace, and to commit them
to the county jail or city jail, and there detain them until
an examination can be held before the proper c>fficer ; and
shall have and exercise such other powers as the city coun-
cil may prescribe.
472 . CITIES.
Ordinances .to § 14. All ordiuancGS maj be proven by the seal of the
evidence'^ fn citj, and wlien published or printed in book or pamphlet
court. form, and purporting to be published or printed by author-
ity of the city of Jersey ville, the same shall be received as
evidence in all courts and places without further proof.
Town officers. § 15. All officers of the town of Jersey ville now in
office, shall respectively continue in the same until super-
seded in conformity hereof.
Town acts not § 16. This act shall not invalidate any legal act done by
invalidated. ^^^ ^^^^ couucil of the town of Jerscy ville or by its officers
nor divest their successors under this act, of any rights of
property or otherwise or liability which may have accrued
to or been created by said corporation prior to the offices
created by this act, taking possession of their property and
effects.
Disposition of ^ 17, All fiucs, judgments, forfeitures or suits at law,
meats, etc." ^' Undetermined in behalf of or in favor of the town of Jersey-
ville, shall be collected and prosecuted by the city of Jer-
seyville, and when coUectd shall be paid into the treeasury
of the city of Jersey ville, and become their sole property.
Town acts legal § 18. All acts or Ordinances of the town of Jersey ville,
closing alleys or parts of alleys, are hereby legalized and
conlirmed, and shall not again be opened except as is hereto-
fore provided.
Town property. | 19. All property uow owned by the town of Jersey-
ville, whether real, personal or mixed, is hereby vested in
the city of Jersey ville.
Acts to^be_ read g 20. 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.
§ 21. This act to take effect from and after its passage.
Approved February 21, 1867.
as evidence in
all courts,
In forc^ Feb. 20, ^jf ^.CT to amend "An act to amend an act entitled 'an act to reduce the
law incorporating the city of Galena, and the several acts amendatory
thereof, into one act, and to amend the same, and for other purposes,"
approved February 6th, 1866.
Section 1. Be it enacted hy the People of the State of
Illinois^ reptesented in the General Assembly^ That the
^ion-time*'^^of mmiJclpal elections in the city of Galena, shall be held on
holding. the lirst Tuesday in June of each and every year, at which
time there shall be elected by the qualitied voters of said
city, all officers now required to be elected at the general
municipal election. The first election shall be held on the
first Tuesday in June, 18(57.
Officers of cor- | 2. The officers of said corporation which are now
eT/o^ted?""' *"^ appointed or elected by the city council, "on the second
CITIES, 473
Monday of March in each year, or as soon thereafter as
practicable," shall be appointed or elected in the manner
now provided by law, on the second Monday of June in
each year, or as soon thereafter as practicable.
§ 3. Tlie term of office of the mayor and aldermen and '^e^xtended**°*
of all ofhcers now elected or appointed in and for said
city, is hereby extended and shall continue until the first
Tuesday in June, lb67, and until their successors are elected
and qualified.
§ 4. Section five and section seven of the act to which ®am*inded.
this is an amendment, approved February 6th, 1865, are
hereby amended so as to correspond with this act. Section
seventeen of the act to which this is an amendment, ap-
proved February 6th, 1865, and an act entitled "an act to
amend an act entitled 'an act to reduce the law incorporating
the city of Galena and the several acts amendatory thereof,
into one act, and to amend the same and for other purposes,"
approved January 30th, 1857, and to equalize the ratio of
representation of the towns of east and west Galena, includ-
ing the city ot Galena in the board of supervisors of Jo
Daviess county, "approved February 12th, 1861, and all
other acts or parts of acts which authorize the several wards
in the city of Galena, to elect one supervisor in each ward,
and all other acts or parts of acts which conflict with or are
inconsistent with this act, are hereby repealed.
§ 5. All acts and parts of acts in relation to the city of Formt-r acts to
Galena, not heretofore modified, amended or repealed, shall ^^ ^" ^°^^^'
remain and be in full force, except so far as modified,
amended or repealed by this act.
This act shall be a public act, and shall take effect
on the first day of March, 1867.
Approved February 20, 1867.
AN ACT to amend an act entitled'." An act to incorporate to city of East In force Feb.
Saint Louis." " 22,1867.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General AssemMy^ The city
council shall have power to narrow, discontinue and vacate
any street, alley or highway or any part thereof, whenever streets alleys,
the same or any part thereof, may become unnecessary for ^'*"
public use, but no street, alley or highway, or any part thereof,
which is opened and used as a public thoroughfare, shall be
narrowed, discontinued or vacated, without the written con-
sent of the owner or owners, of at least two-thirds of the
land or lots adjoining the portion of such street, alley or
highway so narrowed, discontinued or vacated.
Vol. 1—34
474 CITIES.
condeir.nation § 2. "When it shall become necessary to condemn pri-
of^pnvate pro- ^^^^ property for public use, and the council shall have
decided upon such action, the city clerk shall notify the
city judge to that effect, and upon such notice the city judsre
shall, after at least twenty days' notice of such inteution,
given in the corporation newspapers to parties interested,
which notice shall describe the property proposed to be taken,
summon a jury ot six disinterested freeholders of said city,
who shall possess all the qualitications of aldermen and
who shall be sworn to make true and just assessment of
damages and benefits, as hereinafter provided.
Duty of Jury, | 3. It sliall be the duty of the jury, first to ascertain
the actual value of the land, secondly, the actual value ot
the buildings and improvements on the land proposed to
be taken for the opening, widening, extending or altering
of any alley, street, avenue, park or public square, without
reference to any benefit from the proposed improvements,
then for the payment of such sum, to assess against the
city, the amount of benefit to the public generally, not to
be less than one-halt of the whole award, for value of
property taken, and the balance against the owner or own-
ers of property benefited by the opening, widening, extend-
ing or altering of such street, avenue, alley, park or square,
according to the value of property so assessed and in the
proportion that such property may be respectively benefited
by the proposed improvement, not to be less than to the mid-
dle of the adjoining block, or if not laid out into blocks, to
the depth of one hun-ired and fifty feet, running back from
the line of such street as is proposed to be opened, extended
or altered, and the sum or sums to be paid by the owner or
owners of property, respectively benefited by the improve-
ment, as ascertained by the jury, shall be a lien upon pro-
perty so charged. The verdict shall be signed by each
juror, and be delivered to the city judge, who shall report
the same to the council at their next meeting, for their deci-
sion, and if no decision is arrived at within three months
thereafter, all such condemnation proceedings shall be null
and void. Said jury shall consist of six disinterested free-
holders of said city, and shall in other respects be subject to
the rules governing juries in civil cases. The owner or
owners of any building or buildings, or other improvements,
stai:<ling in whole or in part, upon land condemned for
public use, may elect to keep and remove the same, at the
value assessed by the jury at any time, not less than ten days
pre\ious to the time set by the city for the sale or removal
of the same.
Recovery of g 4, In all cascs whcrc the city seeks to recover from the
poases&iou. possession of individuals, any land claimed to belong to the
public, which has not heretofore been in the possession of the
city, for public use (except in case of condenmation as pro-
vided in this act), suit shall be brought by the city, and
CITIES. 475
judgment obtained for such property in the usual manner,
before the city shall be authorized to take possession thereof.
§ 5. An appropriation shall be made by the council to Appropriation
liquidate the claims of parties entitled to damages, for pro- daim?.^^' *'*
perty condemned, and when the amount of such claim is
decided upon by resolution of the city council, confirming
the award of the jury, no appeal liaving been taken during
the time allowed by law for taking an appeal, or by final
judgment of a competent court, in case an appeal is taken
and the money collected and ready in the hands ot the
treasurer, to pay such claims. Twenty days' notice thereof,
shall be given by the city clerk, in the corporation news-
paper, and the city may then and not before enter upon,
take possession and appropriate the property condemned.
§ 6. All ordinances passed by the city council, shall Publication of
within one week after they become laws, be published in ^^ "dances.
some newspaper in said city. The council shall cause a
correct abstract of its proceedings to be made out, and
placed in the office of the city clerk, within thirty-six hours
after the meeting, at which such proceedings were had,
(where it may at all reasonable hours be examined and
copied by any person free of expense, until the same is
published,) and shall publish the same within one week
after such meeting. Said abstract shall present the sub-
stance of all petitions, memorials, remonstrances, motions,
propositions, bills, resolutions and orders, and whenever the
yeas and nays shall have been taken, on any question, the
same shall be entered in full. Communications from
the city officers shall be published in full, whenever the
council shall so direct ; but it shall be so ordered that the
expenses of publishing the same document a second time,
shall not be incurred. " The publicatiun provided for in this
section, as well as all other official publications, by order of
the city council, or by any ofiicer of the city in pursuance
of ordinance shall be made in the paper, which shall
publish the same at the lowest price, to be determined once ■
in each year, after public notice, by sealed bids, invited and
received by the city clerk, who shall report the same to the
council and the publications of the city for the ensuing year
shall be made in the paper making the lowest bid, and
it shall not be lawful to appropriate or pay out any money
for such publications, except in the paper so selected.
§ 7. The city council shall, at least once a year, not publication ot
more than thirty nor less than twenty days before the an- elp^endltures.^
nual city election, cause to be published in the newspaper
employed to do the city printing, a full statement of the re-
ceipts and expenditures of the city, of every description, for
the current year, including all moneys which have passed
through the hands of the treasurer for any purpose what-
ever, together with the different sources of the city revenue,
the amount received under each of the several appropriations
476 CITIES.
made by the city council, the objects for which the same
were made and the sums expended for each, giving specilic
items, names and dates. The statement shall also include a
detailed account of the city property, with all such other
information as may be necessary for a full understanding of
the financial concerns of the city.
Oity officers not § 8. No member of the city council or ofdcer of the city
to^be contract- ^^^y^ ^^ directly or indirectly interested in or partner of or
interested with any one interested in any contract with the
city for any public work, or for furnishing materials or sup-
plies to the city, or in any of its institntions.
Mayor. § 9. The mayor of said city shall be elected annually,
and no person shall be eligible to the office of mayor for
any term, who has held the ofhce of mayor in said city
the last preceding term, or who does not possess all the
qualifications of an alderman.
Qualifications § 10. Any member of the city council, or other city
of city officers, ^^gj^gj.^ -^\^q ccascs to posscss the qualifications, or any of
them, or becomes subject to any disqualifications mention-
ed in this act, or the act to which this is amendatory, shall
be deemed thereby to have vacated his office.
Appropriation § 11. Any officcr or employee of the city, who shall ap-
city'officars.'^^ propriatc to iiis own use, or to the use of any other person,
any money or property belonging to the city, or the interest
accruing on any such moneys while the same is on deposit,
shall, if the amount so appropriated exceed ten (10) dollars
in value, be deemed, on conviction, guilty of embezzlement,
and be imprisoned in the penitentiary not less than two nor
more than five years, and if the amount be less than ten
dollars in value he shall, on conviction, be guilty of a mis-
demeanor, and be punished in the manner provided by
law in cases of petit larceny.
Time of open- § 12. At all elections for city officers tlie polls shall not
„t ^^ QpQj^ before sunrise nor after sunset, and all votes cast
before or after the times above specified shall be deemed
illegal.
Oath of office. ^13. Each and every alderman and city officer, before
entering upon the duties of his office, shall make oath in
addition to the usual oath, that he is a citizen of the United
States and possesses ail the qualifications lequired fur his
office, and is not subject to any disqualification mentioned
in this and the act to which this is amendatory.
Board of h«aith. § 14. The couucil shall have power to appoint a board of
health, to consist of three persons, one of whom shall be a
reputable practicing physician of the city, and neither of
whom shall be a member of the council; they shall be elected
by the council, and shall hold their offices, resi)ectively, for
one year, and until their successors are duly appointed and
qualified, and shall pertbrm such duties as shall be prescribed
liy ordinance.
ing polls at
CITIES. 477
§ 15. The appropriations made by the city council du- Appropriations
ring any liscal year, for improvements and city expenses, ments™^'^*'^^'
shall not exceed the income proper of the city during the
same iiscal year, and no obligations for the payment of
money shall be entered into during any fiscal year that
would cause the expenditures to exceed the income of the
city for that year.
§ 16. All ciiy expenses for work, materials or supplies, city expenses.
of the value of one hundred dollars and upwards, shall be
given out by contract to the lowest responsible bidder, (who
shall lurnish proper securities, when required,) after public
notice in the corporation newspaper for bids invited and re-
ceived by the city engineer, who shall report the same to
the council unopened, and the contract shall be given to
the party making the lowest responsible bid, and no job
that can properly be included in one contract shall be divi-
ded into parts of less than one hundred dollars each.
§ 17. There slfall be established a court of civil and court of civu
criminal jurisdiction, to be styled "The City Court of East "^"'^'^ '° '°°'
Saint Louis," which shall have a seal, which seal may be
altered or changed by the city council.
§ 18. The judge of said court shall be appointed by the Appointment of
governor of the state of Illinois, and shall hold his ofhce for °"^ J^^ge.
four years, and until his successor is commissioned and
qualilied. The present city judge of East Saint Louis is
hereby authorized to continue to act as such until his suc-
cessor shall be duly appointed and qualified, according to
this act.
§ 19. No person shall be eligible to the office of judge Eligibility to of-
of said court, unless he is, at the time of his appointment, juuge.°' "'^^
a citizen of the United States, a freeholder of said city,
twenty -five years of age, and has resided in said city one
year next preceding his appointuicnt.
§ 20. The judge of said court shall be commissioned by Jufige-s con>-
the governor, and qualify as justices of the peace, but enter bond.°° *"**
into an office bond iiirthe sum of two thousand dollars, in-
stead of only one thousand dollars.
§ 21. He shall have and exercise, within the limits of Judges powers,
the city, authority to hear and determine all complaints,
suits and matters in actions of assumpsit, debt, trespass on
the case, trover, replevin, trespass, attachment, distress for
rent, and in trials of the right of personal pioperty under
the btatutes, in all cases where the demand, claim, damages,
fine or penalty, or value of the subject matter of suit" do
not exceed fi^e hundred dollars, and he shall have exclu-
sive jurisdiction in all cases arising under the city charter,
or any b^'-law or ordinance made in pursuance thereof. He
may adopt a series of rules regulating the practice in said
court.
§ 22. Changes of venue may be taken from said court change of yen-
to the nearest justice of the peace, in all cases where jus- "^*
478 CITIES.
tices of the peace shall have jurisdiction to hear and deter-
mine the same, and in all other cases, except cases arising
under the city charter, or any by-law or ordinance made in
pursuance thereof, to the circuit court of said Saint Clair
county ; and where a change of venue shall be taken to the
circuit court, application shall be made, and such change of
venue shall be taken in the same manner as prescribed for
taking changes of venue in the circuit courts of this state.
Time of holding § 23. Said juge shall hold a session of his court on
court. every Monday, and shall keep the same open from day to
day, if necessary, (Sundays excepted), until all the business
before him is disposed of. He shall have power to fine and im-
prison tor contempt of his court, when in session, he shall
be entitled to receive the same fees as the circuit clerk of Saint
Clair county receives for similar services, and, in addition
thereto, may receive such salary from said city as the city
council may direct.
Rendition of § 24. Judgment rendered by the judge of said court
judgment. shall havc the same effect as judgment rendered by justices
of the peace, transcripts of which may be filed with and
recorded by the circuit clerk of Saint Clair county in the
same manner as from justices of the peace, and trans::ript8
shall have the same tbrce and effect against and lien upon
real estate, that transcripts of justices of the peace have, or
may have, of said county, except judgments rendered in
cases arising under any by-law or ordinance of said city.
Practice and § 25. Tiic practice in, and writs and process of said
piocess. court shall conform, as near as practicable, to the practice
before, and writs and process issued by justices of the peace.
Appeals. § 26. Appeals may be taken from the decision of said
judge to the circuit court of Saint Clair county, in the same
manner as appeals are taken from justices of the peace.
Vacancy. | 27. In the event that the said judge shall be removed
from ofiice, or the said office otherwise become vacant, or
should he be absent from the city, ur sick or unable to attend
to the duties of his office, the council -shall, and is hereby
authv)rized, to appoint one of the justices of the peace, in
said city to preside in the place and in stead of said city judge
in all cases concerning violations of ordinances of said city,
during his absence, or until such time as his successor shall
be duly appointed as herein provided.
City marshal's § 28. The city marshal and his deputies shall be the
duties. executive officers of the city court, but the marshal, before
entering upon the duties of his office, shall qualify and be
commissioned, as county constables are, except that instead
of one thousand dollars, he shall enter into an official bond
of five thousand dollars, and shall be entitled to receive the
same fees, for serving the process and writs of said court,
as the sheriff of Saint Clair county is by law entitled to for
serving process and writs issued by the circuit court of
Saint Clair county, and he may, iu addition thereto, receive
479
such salary from said city, as the city council may direct.
He, and his deputy or deputies, shall have the same power
and authority to execute all process issuing from said court
as the sherift" of Saint Clair county has to execute similar .
process issuing from the circuit court.
§ 29. The city judge shall keep a fee book, in which he Fee book,
shall enter, or cause to be entered, all fees received by him,
which book shall be open to public inspection at all reason-
able hours.
§ 30. Sections six and seven of article I, section six of Prior acts
article I Y, and all other sections and parts of -sections in p^*'®*^-
the act to which this act is amendatory, and all ordinances,
rules and regulations passed under and by virtue thereof,
which are contrary to, or inconsistent with the provisions
of this act, are hereby repealed.
§ 31. This act shall take effect from and after its pas-
sage.
Approved February 22, 1867.
AN ACT to incorporate the City of Carlinville. In force Feb'y
22, 1S67.
ARTICLE I.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the in-
habitants of all that district of country in the county of
Macoupin, state of Illinois, included within the present
limits of the city of Carlinville, shall be a body corporate
and politic under the name and style of the "City of Car- Name and style,
linville," and by that name shall have perpetual succession,
and may have and use a common seal, which they may use
and alter at pleasure.
§ 2. Whenever any tract of land adjoining the city of Additions.
Carlinville shall be laid off into town lots, and duly recorded,
according to law, the same shall be annexed to and form a
part of the city of Carlinville.
§ 3. The inhabitants of said city, by the name and style corporate pow-
aforesaid, shall have power to sue and be sued, to plead and ®"-
be impleaded, to defend and be defended, in all courts of
law and equity in this state, in all actions whatsoever ; to
purchase, receive and hold property, both real and personal,
within said city, to purchase, receive and hold property
beyond the city for burial grounds and for other public
purposes, for the use of the inhabitants of said city ; to sell,
lease, convey, or dispose of property, real and personal, for
the benefit of the city, to improve and protect such property,
and to do all things in relation thereto as natural persons.
480
Mayor and al-
dermen.
Qualifications
of aldermen.
Vacation of of-
fice.
Contested elec-
tion.
Absent mem-
bers.
Eule of pro-
ceedings.
Journal of pro-
ceedings.
Aldermen not to
hold other ot-
Vacancies.
Oath of office;
Number of the
meetings of tlie
council annu-
ally.
ARTICLE II.
§ 1. There shall be a city council to consist of a mayor
and board of aldermen.
§ 2. The board of aldermen shall consist of six members
to be chosen by the qualiiied voters of the city.
§ 3. No person shall be an alderman unless at the time
of his election he shall have resided six months within the
limits of the city, and shall be at least twenty-five years of
age, a citizen ot the United States, and also a resident of
the ward in which he is elected, should the city at any time
be so divided.
§ 4. If any aldermen shall, after his election, remove
from the city, his office shall be declared vacated.
§ 5. The city council shall judge of the qualifications,
elections and returns of its own members, and shall deter-
mine all contested elections.
§ 6. A majority of the city council shall constitute a
quorum to do business, but a smaller number may adjourn
from day to day and compel the attendance of absent mem-
bers, under such penalties as may be prescribed by the ordi-
nances of said city,
§ 7. The city council shall have power to determine the
rule of its proceedings, punish its members for disorderly
conduct, and by the concurrence of two-thirds of the mem-
bers elected, expel a member.
§ 8. The city council shall keep a journal of its proceed-
ings, and may, in its discretion, from time to time, publish
the same ; and the yeas and nays, when demanded by any
member present, shall be entered upon the journal,
§ 9, No alderman shall be appointed to any office under
the authority of the city, which shall have been created or
the emoluments of which shall have been increased during
the time for which he shall have been elected.
§ 10. All vacancies that shaft occur in the board of
aldermen shall be filled by election,
§ 11, The mayor and each alderman, before entering
upon the duties of their respective offices, shall take and
subscribe an oath that they will su})port the constitution of
the United States and of this state, and that they will well
and truly perform the duties of their office, to the best of
their skill and ability, and which shall be filed with the
clerk.
§ 12. Whenever there shall be a tie in the election of
alderman, the judges of election shall certify the same to
the mayor, who shall determine the same by lot, in such
manner as may be provided by ordinance.
§ 13. There shall be twelve stated meetings of the coun-
cil in each year, at such times and places as shall be pre-
scribed by ordinance.
' CITIES. 481
§ 14. The city council shall annually cause a full state- statement of
ment of the linauces of the city, including an exhibit of '^■'^n^^®®' « <=•
the receipts from all sources, and disbursements made, and
upon what account paid, to be made by the clerk, an abstract
of which shall be pubHshed in the city papers.
ARTICLE III.
OF THE MAYOR.
§ 1. The chief executive officer of the city shall be the Mayor.
mayor, who shall be elected by the qualified voters of the
city, and shall hold his office for one year, and until his
successor shall be elected and qualitied.
§ 2. No person shall be eligible to the office of mayor Qualification.
who shall have not been a resident of the city for one year
next preceding his election, and who shall be under twen-
ty-five years of age, or who shall not, at the time of his
election, be a citizen of the United States.
§ 3. If any mayor shall, during tl^ time for which he Removal.
may have been elected, remove from the city, his office shall
be considered vacated.
§ 4. When two or more persons shall have an equal T'ps to be de-
^ , ,. ,. . ^. ,. 1 . 1 11 termmed by
number ot votes for mayor, tne judges of election shall cer- lot.
tify the same to the city council, who shall proceed to deter-
mine the same by lot, in such manner as may be provided
by ordinance.
§ 5. Whenever the election of mayor shall be contested, contested eiec-
the city council shall determine the same as may be pre-
scribed by ordinance.
§ 6. Whenever any vacancy shall happen in the office vacancy,
of mayor, it shall be filled by election, the clerk giving at
least ten days' notice ot the time and place of holding such
election.
§ 7. The mayor shall preside at all meetings of the city Duties.
council, and take care that the ordinances of the city are
duly enforced, respected and observed, and that all the exe-
cutive officers of the city discharge their respective duties.
He shall have a salary of not less than two hundred and not
more than five hundred dollars per annum, in full compen-
sation of all official services devolved upon him by this or
any subsequent act. In case of a vacancy in the office of
mayor, or of his being unable to perform the duties of his
office by reason of absence or sickness, the city council shall
appoint, by ballot, one of its number to preside over its
meetings, whose official designation shall be " Acting
Mayor," and the alderman so appointed shall be vested with
all the powers and perform all the duties of mayor, until the
mayor .shall resume his office, or the vacancy shall be filled
by a new election.
§ 8. He is hereby authorized to call on every male in- Enforcing ordi-
habitant of said city, over the age of eighteen years, to aid °'*°''^*-
Vol. 1—35
482 CITIES.
in enforcing the laws and ordinances, and, in case of riot,
to call out the militia to aid hhn in suppressing the same,
or in carrying into eliect any law or ordinance, and any
person who shall not obey such call, shall forfeit to said city
a line not exceeding hve dollars.
Jurisdiction. § 9. He shall also have such jurisdiction as may be
vested in him by ordinance of the city, in and over all pla-
ces within live miles of the boundaries of the city, for the
purpose of enforcing the health and quarantine ordinances
and regulations thereof.
ARTICLE IV.
OF THE OTHER OFFICERS OF THE CORPORATION A>'D THEIR DUTIES.
other officers. § 1. The Other officcrs of the corporation shall be as
follows : A clerk, a treasurer, a street inspector, a marshal,
a weigher and measurer, an attorney, a police magisti'ate,
an assessor, a collector, and as many policemen, keepers
and assistants, of workhouses, and such other officers and
agents as may be provided for by this act, or the city coun-
cil may, from time to time, appoint.
Clerk. § 2. The clerk shall keep the corporate seal, and
make a record of the proceedings of the city council, at
whose meetings it shall be his duty to attend, and copies
of all papers, duly filed in his office, and transcripts from
the records of the proceedings of the city council, certified
by him, under the corporate seal, shall be evidence in all
courts and other places, in like manner as if the originals
M^ere produced. He shall, also, be authorized to administer
any oath, authorized to be administei'ed by the laws of this
state or the ordinances of the city.
Attorney. § 3. The city attoiney shall, subject to the direction of
the city council, conduct all the law business of the corpo-
ration. He shall hold his office in such place as the city
may provide, and, when required, shall furnish written
opinions upon subjects submitted to liim by the mayor or
city council. He shall, also, drafr all ordinances, bonds,
contracts, leases, conveyances, and such other instruments
of writing as may be required by the business of the city,
and perf irm such other duties as may be prescribed by the
charter and ordinances of the city.
Marehfti. § 4, The city marshal shall have power and authority
'to execute all process issued for the breach of any ordi-
nance of said city, and for that purpose his power ami
authority shall extend over the county of Macoupin, and
shall have the same power, jurisdiction and authority
within the limits of said city as constables under the laws
of this state.
Sureties. § 5. Every person appointed or elected to the ofiice of
marshal shall, before he enters upon the duties of his office,
with two or more sureties, to be approved by the city coun-
cil, execute, in presence of the clerk of the city, a bond, by
483
which said marshal and sureties shall jointly and severally
agree to pay to the city of Carlinville, for the use of any
person who may be entitled thereto, all such sums of money
as the said marshal may be liable to pay by reason or
on account of any summons, execution, distress warrant, or
other process which shall have been delivered to him for
collection. The clerk shall certify the approval of the city
council on such instrument and file the same, and a copy
certified by the clerk, under the corporate seal, shall be
presumptive evidence, in all courts, of the execution thereof
by such marshal and his sureties ; and all actions thereon
shall be prosecuted within two years after the expiration of
the year for which the marshal therein named was ap-
pointed or elected, and may be brought in the name of the
city, for the use of the jierson or persons entitled to the
money collected bj virtue of such instruments.
§ 6. The powers and duties of all the other officers of Bonds, etc.
said corporation, not defined by this act, shall be as pre-
scribed by the ordinances of said city, and they shall give such
bonds and under such penalties, as the city council may
determine, or prescribe by ordinance.
ARTICLE V.
§ 1. On the first Tuesday in the month of April, a. d. Elections.
1S67, there shall be held at the court house or at such other
place within said city, as may be prescribed by ordinance,
an election for one mayor and six aldermen, for said city,
who shall hold their respective offices as hereinafter pro-
vided, and until their successors are elected and qualified.
§ 2. At the first regular meeting of the city council ^dll'men."^ *^"
elected under the provisions of this act, the aldermen so
elected, shall be divided by lot into two classes; the seats
of those of the first class, sliall be vacated at the first annual
election thereafter, and of those of the second class at the
second annual election, so that three aldermen shall be
elected annually thereafter.
^3. On the first Tuesday in the month of April, 1868, "^^^ "^ ^•^^'
and annually thereafter, there shall be held at such place
within said city, as the city council may provide, an election
for one mayor and three aldermen, for said city. The alder-
men so elected shall hold their offices for two years, and '^te1-m'"T'^ i
shall be designated as aldermen of the second class ; those tio™ °
holding over from the preceding election, having by lapse
of time become the first class.
§ 4. All elections shall commence at nine o'clock, before H"urs of eiec-
noon, and close at five o'clock in tlie afternoon.
§ 5. The city council shall at its first regular meeting, "^^^^^^1°! *u®?'
in the month of March next, and annually thereafter, duties.
appoint three judges of election for said city, who shall be le-
484 CITIES.
gal voters, and who shall hold their offices for one year, and
until their successors are elected and qualified. They shall
also constitute the "board of reei'istry," under the registration
laws of this state. They shall appoint their own clerks, receive
the votes, and conduct said election according to the laws
of this state, and shall lay one copy of their poll books, duly
certified, before the city council, at a meeting to be held by
said council on the Wednesday next succeeding said election ;
and the city council at such meeting, shall proceed to open
said poll books, canvass the same, and declare the result of
said election. So soon as the result has been so declared,
and the business of the meeting shall be completed and
ended, and the clerk has reported that the official oaths of
the members of the council elect, are on tile in his office, the
mayor shall direct the clerk to call the roll made up from the
records of his office, of the names of the members elect of
the new council. Should a quorum of the new council be
present, the mayor shall declare the council adjourned sine
die^ whereupon the members of the new council shall take
their seats. The roll of members shall be called by the clerk,
when the presiding officer shall announce that the council
is duly organized and now ready for business. Should no
quorum of the members of the city council elect be present,
Absentees, etc. tlie mayor may order the marshal to summons the absentees
forthwith, or should the council so determine, adjourn the
same to a day fixed, and until a qnorum of the members of
the council elect shall be present, when the mayor shall
adjourn the council sine die^ and the organization of the
new council shall take place as aforesaid.
Qualifications of § 6. All the inhabitants of said city shall be entitled to
vote for city officers, who are qualified to vote for state
officers, and who shall have resided in said city for thirty
days preceding such election. Every voter who shall be
required by any person qualified to vote at any such election,
shall take the following oath before being permitted to vote.
I swear (or affirm) that 1 am of the age of twenty-one years,
that I am a citizen of the United States, (or was a resident
of this state at the time of the adoption of the constitution)
and a resident of this city for thirty days immediately
preceding this election, and have not voted at this election.
poii.^o magis- § 7. At the annual election in said city, on tiie fii'st
trate. Tuc.-day in the month of April, a. d. 1867, and every four
years thereafter, there shall be elected one police magistrate,
to be fleeted and qualified as provided by an act entitled,
"an a.it for the better government of towns and cities, and
to anj(>nd the chaiters thereof," approved February 27,
1854, and all the provisions of said act, are hereb}' declared
applicable to said })olice magistrate.
Wards. § 8. The city council elected at the annual election to be
held on the first Tiiesday in the month of April, 1867, or
the city council elected at any annual election thereafter,
CITIES. 485
may by ordinance lay off and divide said city into three or
more wards, as nearly equal in population as practicable,
having a due regard to contiguity of territory, and particu-
larly describing the boundaries of each. The city council may
also provide that at the annual election to be held on the
first Tuesday in the month of April, 1868, or at any annual
election to be held thereafter, an election shall be held, the
place of holding the same to be designated, in each of the
wards of said city for one mayor, and any other officer,
whose office is made elective by this act, for the city at large,
and two aldermen for each ward, who shall be residents of
the particular wards in which they are elected, and possess
the qualifications of aldermen prescribed in this act.
§ 9. The city council shall at its first regular meeting J[|<^|®^ °^Jit^
in the month of March next ensuing, after said city shall
have been divided into wards as aforesaid, and at its hist
regular meeting in the n)onth of March annually thereafter,
appoint three judges of election in each of the wards of said
city, who shall be legal voters and residents of their respect-
ive wards, and who shall hold their offices for one year, and
until their successors are appointed and qualified. They
shall also constitute the "board of registry" under the reg-
istration laws of this state. They shall appoint their own
clerks, receive the votes, and conduct said election accord-
ing to the laws of this state, and shall lay one copy of their
poll books duly certified, before the city council, at a meet-
ing to be held by said council, on the Wednesday next
succeeding said election ; and the city council shall at such
meeting proceed to open said poll books, canvass the same,
and declare the result of said election.
§ 10. After said city shall have been divided into wards voting in wards
as aforesaid, all voters shall give their votes in all city
elections, in the wards in which they respectively, reside
and no others, and no vote shall be received at any of
said elections, unless tlie person offering such vote shall
have been an actual resident of said ward where such vote
is offered, at least ten days preceding such election. All
persons illegally voting at any election under this act, shall
be punishable under the laws of this state.
§ 11. At the first regular meeting of the city council ^jgj,^°J^ "^ "^'
elected after the said city shall have been divided into wards
as aforesaid, the aldermen shall be divided into two classes,
by lot. The seats of those of the first class shall be vacated
at the first annual election, and of the second class, at the
second annual election, so that one alderman in each ward
shall be elected annually thereafter: Provided, that at the
first annual election held after the city has been divided
into wards as aforesaid, the seats of aldermen elected under
the provisions of the first and third sections of this article,
shall be vacated.
4:86 CITIES.
Vacancy. § 12. "Whenever a vacancy shall occur after said city
has been divided into wards as aforesaid, in the ofiice <>f
mayor, police magistrate or alderman, the city council shall
provide by ordinance fur filling such vacancy.
ARTICLE VI.
OP THE POWERS OF THE CITY COUNCIL.
Levying and §1. Tlic commou couucil shall have powcr and authority
collecting tax- ^^ levy, asscss and collect a tax upon all property, real,
personal and mixed, in said city, which is now or hereafter
may be, subject to taxation for state or county purposes, not
• exceeding one per cent, per annum, upon the assessed value
thereof, and may assess and enforce the collection of the
same, by any ordinance not repugnant to the constitution
and laws of this state, or of the United States ; or said
council may, if they think proper so to do, by order, resolu-
tion or ordinance, adopt the annual assessment made of the
property of said city by the county assessor, and cause the
same to be collected by the county collector.
Assessments § 2. If Said couucil shall determine to adopt the assess-
or toxes!"^^'^'^ ment made by the authority of the state and county, they
shall give to the clerk or other officer whose duty it is, by
law to extend the tax by existing laws, notice of their de-
termination so to do, which notice shall be a copy of their
records, and alsj the rate of taxation ; and upon the receipt
of such notice the said tax shall be extended and collected,
and its collection enforced in tlie same manner as other reve-
nue. The clerk and collector shall be allowed the same
compensation for services under this act, as are allowed them
for similar services under the revenue laws of this state:
Provided^ that nothing contained in this act shall be so con-
strued as to prevent said corporation from providing for the
assessment and collection of such taxes by ordinance.
Games and § 3. The city couucil shall have power and authority to
gaming. prevent and restrain every kind of fraudulent device and
practice ; to prohibit and restrain all descriptions of gaming
and fraudulent devices and all playing with dice, cards and
other games of chance, with or without betting.
Ardent spirits. § 4. To Hcensc and regulate the selling or giving away
of any ardent spirits and intoxicating drinks, by any shop
keeper, tavern kcej^er, grocer or any person ; to forbid
the selling or giving away of ardent spirits or other intoxi-
cating drinks to any minor or apprentice or servant without
the consent of his or her parents, guardian, master or
mistress.
Auctioneers, § 5, To liccnsc, tax and regulate auctioneers, merchants,
toverns"otc. rctailcrs, grocers, eating houses, peddlers, taverns, whether
selling by sample or otherwise, brokers, money changers,
insurance agents and companies and hawkers ; to license,
CITIES. 487
tax, regulate, restrain and prohibit theatrical and other ex-
hibitions, shows, amusements and gift enterprises.
§ 6. To restrain, prohibit and suppress gaming houses, Exhibitions,
bawdy houses and other disorderly houses, and to authorize
the destruction and demolition of all instruments and de-
vices used for the purpose of gaming.
§ 7. To prevent any riot, noise, disturbance or disor- Riots, etc.
derly assemblage.
§ 8. To compel the owner or occupant of any grocery, Nauseous and
cellar, tallow-chandler shop, soap factory, stable, barn, privy, estabushmenta
sewer or other unwholesome, nauseous house or place; to
clean, remove or abate the same from time to time, as often
as may be necessary for the health, comfort or convenience
of the inhabitants of said city.
§ 9. To direct the location, management and construe- Distilleries and
tion of, and regulate, license, restrain, abate and prohibit, '^'^'^^®"®^'®*''^-
within the city and the distance of one mile therefrom, dis-
tilleries, breweries, slaughtering establishments, establish-
ments for steaming or rendering lard, tallow, offal, and such
other substances as can or may be rendered, and all estab-
lishments or places where any nauseous, offensive or un-
wholesome business may be carried on.
§ 10. To establish and regulate markets, market houses Markets.
and other public buildings, and provide for their erection
and determine their location.
§ 11. To regulate, prohibit and license butchers and to Butchers.
revoke their licenses for malconduct in the course of trade,
and to regulate, license and restrain the sale of fresh meats
and vegetables in the city.
§ 12. To regulate the keeping, storing and conveying Combustibles.
of gunpowder and other explosive, combustible or danger-
.ous compounds or articles and the use of candles and lights
in barns, stables and out-houses.
§ 13. To prevent horse-racing, immoderate riding or Horse racing
driving in the streets or squares, and to authorize persons ^"4,^*^* ^"'
immoderately riding or driving, as aforesaid, to be stopped
by any person, and to punish or prohibit the abuse of
animals.
§ 14. To compel persons to fasten their horses, mules Fastening of
or other animals attached to vehicles or otherwise, while ot°hfranimars'!
standing or remaining in the streets lanes or squares.
To prevent the encumbering of the streets, sidewalks, EQcumb»ances.
lanes, alleys, squares, and to restrain and prohibit persons
from riding, driving, leading or standing of any animal
on the sidewalk, and to prevent any crossing from being
encumbered with horses, vehicles or anything else.
§ 15. To prevent any obscene or indecent exhibition, obscenities.
caricature, placard, exposure or conduct; to restrain and
punish vagrants, mendicants, street beggars and prostitutes vagrants.
and to punish any person for being drunk upon the streets,
lanes, alleys or squares.
488
CITIES.
Animals atlarge
Dogs.
Balls and kites.
Contagious dis-
eases.
Alleys, lanes
and squares.
Lumber yards.
Public scales.
Enumerations.
Elections.
Fines and pen-
alties.
§ 16. To restrain and re_2:ulate or prohibit the running
atlarge of cattle, horses, males, swine, sheep, goats, geese,
chickens, turkeys and pigeons, and to anthorize the distrain-
ing, impounding and sale of the same for the penalty in-
curred and the costs of the proceedings, and also to impose
penalties on the owners of any such animals, for a violation of
any ordinance in relation thereto.
§ 17. To prevent and regulate the running at large of
dogs, to tax and authorize the destruction of the same when
at large contrary to ordinance.
§ IS. To prevent and regulate the playing of ball, fly-
ing of kites or any other amusements or practices having a
tendency to annoy persons passing in the streets or on the
sidewalks, or to frighten teams or horses.
§ 19. To make regulations to prevent the introduction
or spread of contagious and infectious diseases into the city
and within two miles of the same.
§ 20. To control, regulate, repair, amend and clean the
lanes, alleys, squares, bridges, side and cross w^alks ; to
open, establish, widen, straiofhten and vacate streets, lanes
and alleys, and to establish and alter the grade thereof, and
to prevent the encumbering of the streets in any manner,
and protect the same and the bridges from any encroach-
ment or injury, and to compel all persons to keep the snow,
ice, dirt and other obstructions from the sidewalk in front
of the premises owned or occupied by them.
§ 21, To abate and remove nuisances and to punish the
authors thereof, and to define and declare what shall be a
nuisance, and authorize the summary abatement thereof.
§ 22. To regulate the Ijurial of the dead ; to purchase,
lay out and ornament grounds within or without the city
limits, for cemetery purposes, and to make such rules and
regulations concerning the same as may be required.
§ 23. To regulate and prohibit the establishment of lum-
ber yards, or the placing, piling, or selling lumber, timber,
wood or other combustible material within the lire limits of
said city.
§ 24. To regulate partition fences.
§ 25. To establish and regulate public scales ; to provide
for the inspection and weighing of hay and stone-coal, and
for the measurement of wood and fuel to be used in the city.
§ 26. To provide for taking the enumeration of the in-
habitants of said city.
§ 27. To regulate the election of city officers, define
their duties and provide for the removal of any person hold-
ing office under the ordinances ; to fix the fees and compen-
sation of all city officers, jurors witnesses and others for
services under this act or any ordinance.
§ 28. To impose fines, penalties and forfeitures for the
breach of any ordinance and to provide for the recovery
CITIES. 489
and appropriation of such fines and forfeitures and the en-
tbrcement of such penalties.
§ 29. T(t prevent the firing of squibbs, rockets, gnns, Firing of guns.
firearms or other explosive compounds or combustibles
within said city.
§ 30. To compel every male inhabitant of said city street labor.
above the age of twenty-one years to perform three days'
labor on the streets, lanes, alleys and squares every year.
§ 31. To regulate the place aiid manner of selling fish, and Fish
to prevent the sale of unwholesome provisions ; to restrain
and prohibit the sale of .drugged and mixed and impure impure liquorg.
liquors, and to restrain and prohibit groceries and other
places of business from keeping open on the Sabbath or sabbath day.
election day or night time.
§ 32. To dig, construct and regulate public pumps, Pumps and
wells, cisterns and reservoirs, and to prevent the unneces- ''®^^'®*°-
sary waste of water.
§ 33. To establish and regulate public pounds.
§ 34. To erect lamps and provide for lighting the city. Lamps.
I 35. To direct and regulate the planting and preserv- ornamental
ing of ornamental and shade trees, in the streets, cemeteries f^ets!*"^"^^
and public grounds.
§ 36. To do all acts and make all regulations which Health reguu-
may be necessary or expedient for the preservation of health
and prevention of disease; to erect or lease one or more
pest-houses wirhin or without tbe limits of said city, and to
remove all persons afflicted with any contagious or infectious- •
disease to said pest houses or hospitals, and to make rules
and regulations for the same.
§ 37. To compel the owner of any animal which shall Dead animals,
die in said city to remove and bury the same beyond the
limits of said city ; to prevent any person from bringing,
depositing, or having within the limits of said city any un-
sound carcass or unwholesome substance.
§ 38. To compel parents and guardians of children to Running at
1^1 ,. ^, '^ 1 '^ 1 X' . 1 large of chil-
keep them out ot the streets and squares and away irom the dren.
railroads and depots in said city.
§ 39. To declare what shall be malicious mischief, and ^^'i'^[°"^ ""'''
to punish any person who shall be guilty thereof
§ 40. To provide for the punishment of offenders against Punishment of
any ordinance of said city by imprisonment in the county
jail or city calaboose, or by compelling them to [labor] in the
work-house or on the streets or squares of said city ; in all
cases where such oflenders shall fail or refuse to pay the
fines or forfeitures which maybe assessed against them, and
when any person or persons shall be committed to the jail
of Macoupin county for a violation of any of the ordinances
of said city, it shall be the duty of the sheriiF or jailor of said
county to receive in such jail any such person or persons :
Provided^ that the said city shall pay the board and jail
fees of any such person while detained as aforesaid.
Vol. 1—36
490
CITIES.
Affrays and as-
saults, etc.
Sewers'
drains.
Ce apoolSj
Billiard tables,
ten pins, etc.
Exemption
Irorn costs.
Indebtedness.
Stopk subscrip-
tion.
§ 41. To appoint an efficient police force, and to make
rules and regulations for the government of the same.
§ 42. To suppress all riots, aifrays, assaults, assaults and
batteries, drunkenness, quarrelling, open and notorious
lewdness or other public indecencies ; and no prosecution
or conviction for an j offence under the laws of this state
shall be a bar to prosecutions for lines, penalties or forfeit-
ure for the breach of any ordinance of said city.
§ 43. To have charge of and superintendence of the sew-
ers and drains of said city, and of all works pertaining thereto,
and for that purpose they shall have jurisdiction and
authority for one raile beyond the limits of said city.
§ 44. To construct and regulate the construction of
cesspools, and provide for tiie drainage of cesspools and
privies under such rules, regulations and notices as they
may deem proper and right.
§ 45. To establish, alter or enlarge the boundaries of
said city ; to increase or alter the number of wards in said
city, and to provide for the election of additional aldermen
therein, whenever the city shall have been divided into
wards ; to pave or macadamize the streets and squares in
said city ; to construct sidewalks in front of or adjoining
the lots on the public streets or squares of said city, and
to prescribe by ordinance for paying for the same in any
manner not inconsistent with the constitution of this state.
§ 46. To license, tax, regulate or prohibit billiard tables,
ten pin or other pin or bowling alleys, ball alleys, pigeon-
hole tables, shooting galleries, or other tables, alleys, gal-
leries, or thing or things used to plav or bet upon.
§ 47. The city of Carlinville is hereby exempted from
the payment of all costs incurred in the prosecution of suits
for the violation of the ordinances of said city, and no costs
shall be recovered against said city, whether successful or
unsuccessful in any of such suits.
§ 48. The city council shall have power to borrow
money on the credit of the city for the purchase of sites
and the erection of public buildings.
49. To license, tax and regulate hacks, carriages, ve-
hicles, wagons, carts and drays, and tix the rates to be
charged for the carriage of persons or property within said
city .or for two miles beyond said city.
§ 50. That the city of Carlinville, through the mayor
and common council of said city, are hereby authoriz-
ed and empowered to subscribe to the capital stock of any
joint stock company now organized or which may here-
after be organized, for the purpose of erecting a hotel in
said city, any amount not exceeding twenty-tive thousand
dollars ; to the cai)ital stock of any joint stock company now
organized or which may hereafter be organized for tlie
purpose of constructing a street railway in said city, an
amount not exceeding ten thousand
CITIES. 491
capital stock of any gas light and coke company now or-
ganized or wliich may hereafter be organized in said city,
an amount not exceeding ten thousand dollars. And for
the purpose of paying such subscription, said city of Carlin-
ville, by the mayor and common council of said city, is
hereby authorized and empowered to levy and collect a
special tax on all the personal and real estate in said city,
such tax to be levied and collected as other corporation
taxes.
§ 51. The mayor and common council of the said city of city bonds.
Carlinville, when any stock shall be subscribed for by them
as authorized and provided for in the foregoing section, may
issue the bonds of the city, signed by the mayor and coun-
tersigned by the city clerk, under the seal of the city, to
the amount of the stock taken, in such sums, and payable
at such times and places, as the common council shall de-
termine ; to bear interest at a rate not exceeding ten per
cent, per annum, to be paid yearly or half-yearly, at the
option of the common council, for the purpose of paying
for such stock so taken and subscribed, and may apply the
taxes so assessed and collected as herein provided for to-
ward paying such bonds or the interest thereon.
ARTICLE VII.
OF PROCEEDIXGS FOR OPENING STREETS, ALLEYS, LANES, ETC.
§ 1. Whenever any street, alley, highway, public opening streets
ground or square is proposed to be opened, laid out, alter- ^nd alleys,
ed, widened or straightened by virtue hereof, and the
amount of compensation can not be agreed upon, the city
oouncil shall give notice of their intention to appropriate
and take the land necessary for the same, to the owner or
owners thereof by publishing said notice for ten days in
some public newspaper in said city, at the expiration of
which time they shall choose by ballot three disinterested
freeholders residing in the city, as commissioners, to ascer-
tain and assess the damages and recompense due the own-
ers of said real estate respectively. A majority of all the
aldermen authorized to be elected shall be necessary to a
choice of such commissioners.
§ 2. The commissioners shall be sworn faithfully and commissioners'
impartially to execute their duties to the best of their uS ^'^'^ '^"'
abilities before entering upon the discharge of the same,
which oath may be administered by any officer authorized
by the laws of this state to administer "oaths. They shall
give at least live days' notice to all persons interested, of •
the time and place of their meeting for the purpose of view-
ing the premises and making their assessments, which
notice shall be given personally if the owners are residents
and known, or publication in some public newspaper pub-
lished in the city, if non-residents or unknown. They
492 CITIES.
shall view the premises, and in their discretion receive
any legal evidence, and may if necessary adjourn from
day to day.
Damages and § 3, Said Commissioners shall inquire into, and, to the
benefits. ^^^^ ^^|. ^j^^j^ ability, ascertain the damages each person
having an interest in the land to be api)ropriated will sus-
tain, and also the benetits he or she will derive from or on
account of the appropriation contemplated by the city
council ; and in each case when the damages to be ascer-
tained shall exceed the benefits to be ascertained, said com-
missioners assess as the compensation to be paid by said
city to the person interested, for his or her interest in said
land, the amount such dama ges shall exceed such bene-
tits ; and in each case when such damages shall be less than
or only equal to such benefits, no compensation shall be as-
sessed by said commissioners. And said commissioners
shall make a report in writing under their hands, designa-
ting the lands to be appropriated, and the purpose for
which the same is to be appropriated, and the respective
amounts which shall have been, so assessed by them as
aforesaid, and the persons respectively entitled to the same ;
which report they shall, im;nediately on the same being
made, file in the office of the city clerk, who shall, at the
next regular meeting of the city council, present the same
to said council.
Objections, etc. § 4. The city couucil shall at said meeting consider said
report, and shall hear any objections against the same, and
should they decide the amount of damages assessed not un-
reasonable, and tliat said improvement is called for by the
interests of said city, and that the city finances will justify
the same, they will approve said report, and order the dam-
to be paid.
§ 5. The city clerk shall record in a book, to be kept
for the purpose, all the aforesaid proceedings.
Appeals, etc. § 6. Any person interested may appeal from any final
order of the city council for opening, altering, widening or
straightening any street, alley, or other highway or public
ground, to the circuit court of Macoupin county, upon filing
bond at any time within twenty days i'rom the passage of
said final order, and the city clerk, in the penal sum of five
hundred dollars, with good and sufficient security, payable
to the city of Carlilnville, to be approved by said clerk, con-
ditiun^d as bonds on appeal from the judgments of justices
Filing of bond, ofthepeacc. Upon the tiling of said bond, all further pro-
ceedin;r.s shall be stayed, and the city clerk shall, within fif-
teen day;, from the tiling of said bond, return to the office of
the cleric of the circuit court of said county a certified copy
of the proceedings in relation to said assessment.
Appropriation § '?'. Thc land required to be taken for the making,
of lands. opening, widening, straightening or altering any street,
alley or other highway, or public ground or square, shall
CITIES. 493
not be appropriated until the damages awarded therefor to
any owner thereof under this act shall be paid or tender-
ed to such owner or his agent, or, in case such owner or his
agent can not be found within the city, deposited to his or
their credit in some safe place of deposit other than the
hands of the treasurer, and then, and not before, the lands
may be taken and appropriated for the purpose required in
making such improvement; and such streets, alleys, high-
way, public ground or square, shall then be made or open- f
ed, and the interests of all such persons in the land to be
appropriated shall vest in said city, for the uses and pur-
poses determined upon by said council.
§ 8. When any known owner residing in said city or infant,
elsewhere shall be an infant, and without a guardian, and
any proceedings had under this act shall render it neces-
saiy, the county court of Macoupin county, or the judge
thereof in vacation, may, upon the application of the mayor
of said city, of such infant, or of his next friend, appoint a
guardian for such infant, taking bond and security, as now
provided by law, from such guardian, and all personal no-
tices and summonses required by this act may be served on
such guardian.
ARTICLE YIII.
§ 1. The city council shall have jurisdiction of the pub-
lic schools in said city, and shall have power —
J^irst. — To erect, hire or purchase buildings suitable for
school houses, and keep the same in repair.
Second, — To buy or lease sites for school houses, with the
necessary grounds.
Third. — To furnish schools with the necessary fixtures,
furniture and apparatus. Funds.
Fourth. — To maintain, support and establish schools, and
supply the inadequacy of the school funds tor the salaries
of teachers from school taxes.
Fifth. — To employ teachers and fix the amount of their
compensation.
tSixth. — To prescribe the school books to be used, and
the studies to be taught in the dilierent schools. District*,
Seventh. — To lay oti" and divide the city into school dis-
tricts, and from time to time, to alter the same and create
new ones, as circumstances may require. Xaxes.
Eighth. — To levy, assess and collect upon all property,
real, personal and mixed, in said city, which is now or
hereafter may be subject to taxation, for state or county
purposes, a tax for the purposes aforesaid, to be assessed
and colected in the same manner as all other taxes. To
issue bonds for the purpose of building, furnishing and
repairing school houses, or purchasing sites for the same, .
and to provide for the payment of said bonds ; to borrow
494r CITIES.
money for school purposes, upon the credit of the city, and
generally to have and possess all the rights, powers and
authority necessary for the proper management of schools,
with power to enact such ordinances as may be necessary to
carry their powers and duties into eilect.
ARTICLE IX.
MISCELLANEOUS PROVISIONS.
Additional pow- S 1. The city council shall have power to make all ordi-
ers of council. '^ i • i i n i j ±-
nances which shall be necessary and proper tor carrying
into effect the powers specified in this act, so that such
ordinances shall not be repugnant to the constitution of this
state, and of the United States.
style of ordi- § 2, The Style of the ordinances of the city, shall be, " 13e
it ordained by the city council of the city of Carlinville,
and all ordinances shall within one month after they are
passed, be published in a newspaper printed in said city, or
by posting copies of the same in four public places, in said
city, and the certificate of said publisher of such newspaper
or of the clerk of the city council under the seal of the cor-
poration, shall he pr.ma facie evidence of such publication.
No ordinance shall take effect until published as aforesaid.
Proof. § 3. AH ordinances may be proven by the seal of the
corporation, and when printed in book or j^aniphlet form
and purporting to be published by authority of the corpo-
ration, the same shall be received in all courts and places
without further proof.
§ 4. All courts for the recovery of penalties for the
breach of any ordinance of said city, shall be in the form
of an action of debt, before the police magistrate, or before
any other justice of the peace of said city, and changes of
venue and appeals shall be allowed, as in other causes
before other justices of the peace.
Power of mar- ^ 5. The marshal and policemen elected or appointed
sliul and police- ". , . . ,, ,' . i ii i i
meii, under the provisions of tnis act, shall have power and
authority to execute all processes issued for the breach of
any ordinances of said city, and in any suit commenced
before the public magistrate or other justice of the peace
in which the city is a party, and for that purpose, their
power and authority shall extend over the county of Macou-
pin, and they shall have the same power and authority
witliin said city as constables have under the laws of this
state, and shall give bonds and qualify as said city council
shall liy ordinance prescribe.
Suits, etc. § G. All suits for fines, penalties and forfeitures, in and
for the violation of any ordinance of said city, shall be iu
the name of the city of Carlinville; and the said corporation
shall have power and authority by ordinance to regulate
and prescribe the form and nature of the first and any subse-
quent process, and the mode of executing the same.
CITIES. . 493
§ 7. The city council, for the purpose of providins; wooden buiid-
agiiiust the cahiiiiities of tire, shall have power to prescribe '°^^'
the limits within which wooden bnildings and structures
shall not be erected, placed or repaired, without permission;
and to direct that any and all buildings within the limits
prescribed, shall be made or constructed of lire proof mate-
rials ; and to prohibit the repairing of any wooden or other
building or structure not fire proof, wnthin the fire limits
where tiiey shall have been damaged or depreciated in value
to the extent of fifty per cent, of the original value thereof,
and to prescribe the manner of ascertaining such damages,
and depreciation, and to prescribe the notice thereof to the
owner or occupant of the premises.
fire, hose, hook and ladder and axe companies, and to make "
all rules and regulations for the same, and to do all acts not
inconsistent with the constitution of this state, and of the
United States ; to prevent and extinguish fires, and impose
such penalties for a violation of any ordinance in relation
thereto, as they may deem just and fit.
§ 9. All ordinances, rules and regulations now in force prior ordinan-
in the city of Carlinviile, and not inconsistent with this act, '^^®"
shall remain in force under this act, until altered, modified
or repealed by the city council of said city, after this act
shall take eft'ect.
§ 10. All property, real, personal and mixed, heretofore Property vested
belonging to the town of Carlinviile, and also all property, "^ "'^ city, etc.
the title to which was in the president and trustees of the
town of Carlinviile, for the use of the inhabitants of said.
town, and all property vested in the city of Carlinviile,
under the act of February 16, 1865, is hereby vested in the
city of Carlinviile, created by this act, and the officers
elected under the provisions of the said act of February 16,
1865, shall continue in the same until superseded in con-
formity to the provisions hereof, and said officers shall be
governed by this act.
§ 11. All actions, rights, fines, penalties and forfeitures Prosecutions.
in suit or otherwise, which have accrued to the city of Car-
linviile, under the act of February 16, 1865, shall be prose-
cuted in the name of the city of Carlinviile, as created by
this act, and all the rights, debts and liabilities, both in law
and equity, arising from such liabilities to the said city of
Carlinviile, shall vest in and belong to the city of Carlin-
viile, hereby created. Act n.^t to in-
§ 12. This act shall not invalidate any legal act done vious'aets.^'^^
by the president and trustees of the town of Carlinviile, nor
by the said city of Carlinviile, under the act of February
16, 1865, and all acts done by the common council of said
city of Carlinviile, in the erection of the new school house
in said city, and issuing bonds for the payment of the same,
are hereby legalized and confirmed.
496
Justices of the
peace.
§ 13. All marshals, policemen, and police magistratei=,
in said city, are hereby declared to be conservators of the
peace, and they shall have power and authority to arrest or
cause to be arrested, all persons who shall break any ordi-
nance of said city, and if necessary detain such persons in
custody over niglit or during the Sabbath day, or while any
such person may be intoxicated, in the county jail or other
safe place, to be selected by such peace officers, and shall
have and exercise such other powers as the city council may
prescribe.
Exemption § 14. The inhabitants of the city of Carlinville, are
f,„^ """"■" '"" hereby exempted from working on any road beyond the limits
of the city, and from paying any tax to pay laborers to work
on the same.
Conflicting acts § 15. All acts and parts of acts, coming within the pro-
repeaied. visious of this act, or Incousistent with the same, are hereby
repealed.
§ 16. This act is hereby declared a public act, and shall
be in force from and after its passage.
Approved February 22, 1867.
from road lar
bor.
In force Feb- _^N ACT to amend an act entitled "An act to amend an act, entitled 'an
22, 1867. jjp^ ^^ incorporate Metropolis city,' " approved February 25, 1846.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembli/, That the foi-
Fifth and sixth lowiug words, to-wit : " a copy of said ordinance is delivered
ll'^'ardci'rst'h, to such owucr," appearing in tiie litrh and sixth lines of
amended. sectiou two (2), article eight, are hereby amended to read as
follows: ''the ordinance requiring such work to be done is
in force."
streets and § 2. The city couucil shall have power to extend Metro-
squares, polis street through " Washington Square," between Third
and Fourth streets, and to use any portion of said square
upon which to erect " Market Houses" or other public
buildings.
Extension of § 3. The city council shall have power to extend the
city limits. corporate limits of the city, by ordinance, one mile from
the east door of the court house, east, west, north and
south, in conformity with the original plat, and any and all
subdivisionsof lots and blocks which is now, or may here-
after be added to the town plat, or any part of which may
be offered for sale, as an addition to said plat, whether
recorded as such or not.
This act to be in force from and after its passage.
Approved February 22, 1867.
CITIES 497
AN ACT to incorporate the city of Mendota. _ , _ , ,
*^ In force Feb y
22, 186T.
ARTICLE I.
ON BOUNDARIES, GENERAL POWERS AND FORMATION OF WARDS.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That all of
tlie t'ullowitig described tracts of land, situated in the county ^''^°^*'"'®''-
ot LaSalle, and state of Illinois, to-wit : The south half of
section twenty-eight, the east half of section thirty-two, and
all of section thirty-three, in township thirty-six north, of
range one east of the third principal meridian, together
with that portion of the north-east quarter of section four, in
township thirty-live north, of range one east of the third
principal meridian, knowm as Teed's addition to the town of
Mendota, is hereby incorporated and erected into a city, by
the name of the '' City of Mendota," and all such tracts of
land adjoining any of the above described tracts which may
be hereafter laid out into town lots, platted and recorded,
shall, as soon as the same may be recorded, become a part
ot the city hereby incorporated.
§ 2. The inhabitants of said city shall be a corporation
by the name of " The City of Mendota," and by that name n^°^^-
shall have perpetual succession, sue and be sued, and com-
plain and defend in any court ; may make and use a com-
mon 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 with-
out the limits of the city, and may sell, lease or dispose of
the same for the benefit of the city.
§ 3. The president and board of trustees of the present
town of Mendota, shall, on the second Monday of March Wards,
next, divide the said city of Mendota into four wards, as
nearly equal in population as practicable, particularly de-
scribing the boundaries of each ward.
The city of Mendota shall be divided into four wards, the
boundaries of which shall be fixed by the city council, and ^'^^ officers,
shall be, by the city council, changed from time to time as
they shall see tit, having regard to the number of her white
male inhabitants, so that each ward shall contain, as near as
may be, the same number of white male inhabitants. The
city council may create additional wards, as occasion may
require, and fix the boundaries thereof.
ARTICLE II.
OFFICERS THEIR ELECTION AND APPOINTMENT.
§ 1. The municipal government of the city shall consist Term or office.
of a city councd, to be composed of the mayor and three
aldermen from each ward. The other otiicers of the corpo-
ration shall be as follows : A city clerk, a city nxarshai, a
Yol. 1-37 ^ , J'
498
CITIES.
Vacancies.
Removal of offi-
cers.
city treasurer, a city attorney, a city assessor and collector,
a city surveyor and engineer and a city supervisor, who, in
addition to the duties prescribed by this act, shall perform
such other duties as may be prescribed by ordinance. There
shall, also, be such other officers, servants and agents of the
coi'poration as may be provided by ordinance, to be ap-
pointed by the city council, and to perform such duties as
may be prescribed by ordinance.
§ 2, All officers'^ elected or appointed under this act,
except aldermen, shall hold their offices for one year and
until the election or appointment and qualification of their
successors respectively. All other officers mentioned in
this act, and not otherwise specially provided for, shall be
appointed by the city council, by ballot, on the second
Monday of May in each year, or as soon thereafter as may
be ; but the city council may specially authorize the appoint-
ment of watchmen and policemen by the mayor, to continue
in office during ihe pleasure of the city council : Provided^
the mayor or marshal may be authorized to remove them
from office for good cause. All officers elected or appointed
to fill vacancies shall hold for the unexpired time only, and
until the election or appointment and qualification of their
successors.
§ 3. The several wards of the city shall be represented
in the city council by three aldermen Irom each ward, who
shall be bona fide \q^Aq,\\\% thereof, and hold their offices for
three years from and after their election, and until the
election and qualifisation of their successors. They shall be
divided into three classes, consisting of one alderman from
each ward, so that one from each M-ard shall be elected
annually. At the first meeting of the city council after the
annual election in A])ril next, the aldermen shall be divided
into three classes, by lot, the terras of office of those of the
first class shall expire in one year, of those of the second
class in two years, and of those of the third class in three
years.
§ 4. If, from any cause, there shall not be a quorum of
aldermen, the clerk shall appoint the time and place of
holding a special election to supply such vacancies, and to
appoint judges thereof, if necessary. If any alderman shall
remove from the ward i-epresented by him, his office shall
there by become vacant. If, for any cause, the officei s
hereiii named shall not be appointed on the second Monday
of May in each year, the city council may adjourn from
time to time, until such appointments are made. If there
should bo a failure, by the people, to elect any officers herein
required to be elected, the city council may, torthvvith, order
a new election.
§ 5. Any officer elected or appointed to any office, may
be removed from such office by a vote of two-thirds of all
the aldermeu authurizcd by law to be elected. But no
CITIES. 499
officer shall be removed except for good cause, nor unless
first famished with the charges against him, and heard in
his defense ; and the city council shall have power to com-
pel 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 of the case ; and if such officer shall neglect to appear
and answer to such charge, then the city council may
declare the office vacant ; Provided^ this section shall not be Proviso,
deemed to apply to any officer appointed by the city coun-
cil— such officer may be removed at any time, by a vote of
two-thirds, as aforesaid, in their discretion ; but any officer
may be suspended until the disposition of the charges, when
preferred.
§ 6. Whenever any vacancy shall occur in the office of vacancies.
mayor or alderman, such vacancy shall be filled by a new
election, and the city council shall order such special elec-
tion 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 no special election shall
be held to hll vacancies, if more than nine months of the
time has expired.
§ 7. All citizens of the United States, qualified to vote Qualified voters
at any election held under this act, shall be qualified to
hold any office created by this act, but no person shall be
eligible to any office under this or any other act in relation
to said city, who is now or may be hereafter a defaulter lo
said city, or to the state of Illinois, or to any other city or
county thereof; and any person shall be considered a de-
faulter who has refused or neglected, or may hereafter
refuse or neglect, for thirty days after demand made, to
account for, and to pay over to the party authorized to
receive the same, any public money which may have come
into his possession. And if any person holding any such
office or place within this city shall become a defaulter
whilst in office, the office or place shall thereupon become
vacant.
§ 8. When two or more candidates for any elective of- Ties.
fice 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 III.
OF ELECTIONS.
§ 1. The president and board of trustees of the present Time and piaca
town of Mendota shall have power and it is hereby made
their duty before the first day of April next to designate
one place in each ward in the city as the place of holding
the first election under this act, and appoint three judges of
election for each ward, who shall be sworn faithfully to per-
500 CITIES.
form the duties of their office, and shall preside at said first
election, canvass the votes and make returns thereof within
three days thereafter to the clerk of said town board, whose
duty it shall be to notify the persons elected of their elec-
tion within three days after the town board have deter-
mined who are elected. The president and board of trus-
tees of the said town of Mendota shall hold a meeting on
the first Friday after said first election tor the purpose of
determining who is elected to each office under this act, and
shall cause the officers elected to be notified of their election
©enerai eiec- as herein provided. A general election for all the officers
tions. ^^. ^j^^ corporation required to be elected by this act (or any
ordinance of the city) shall be held in each of the wards of
the city on the second Tuesday of April in each year, at
such places as the city council may appoint, and of which
six days' previous public notice shall be given by written or
printed notices in three public places in each ward, or by
publication in the newspaper publishing the ordinances of
the city, by the city clerk.
Manner of con- g 2. The maimer of conducting and voting at the elec-
uctmg. tions held under this act, and contesting the same, the keep-
ing ot the poll lists, canvassing of the votes and certifying
the returns, shall be the same, as nearly as may be, as is
now or may hereafter be provided by law at general state
elections : Provided^ the city council shall have power to
regulate elections and the appointment of the judges thereof.
The voting shall be by ballot, and the judges of the elec-
tion shall take the same oath and shall have the same
powers and authority as the judires of general electit»ns.
After the closing of the polls the ballots shall be counted
in the manner provided by law, and the returns shall be re-
turned sealed to the city clerk within three days after the
election, and thereupon the city council shall meet and can-
vass the same and declare the result of the election. The
persona having the highest number of votes for any office
shall be declared elected. It shall be the duty of the city
clerk to notify all persons elected or appointed to office of
their election or appointment, and unless such persons shall
qualify within twenty days thereafter the ofiice shall be-
come vacant.
Qualified voters § 3. No person shall be entitled to vote at any election
under this act who is not entitled to vote at state elections,
and has not been a resident of said city at least six months
next preceding said election ; he shall have been, more-
over, an actual resident of the ward in which he proposes
to vote for ten days previous to such election, and if requir-
ed by any judge or qualified voter, shall take the following
p e'cribed oath oath before he is permitted to vote : "I swear (or aflirm)
for voters. ^j^^^ j .j^^^^ ^,^- ^j^^ .^^.^ ^^j. tweuty-oue years, that 1 am a citi-
zen of the United States, (or was a resident of this state at
tlie time of the adoption of the constitution,) and have ])een
CITIES. 601
a resident of this state one year, and a resident of this city-
six months immediately 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 be deemed a resident of the ward in
which he is accustomed to lodge.
§ 4. No election shall be held in any grogshop or any piace of •]«o-
other place where intoxicating liquors are vended by retail. "°°-
§ 5. The persons entitled to vote at any election held Arrests on eiec-
nnder this act shall not be arrested on civil process within tiondays.
said city upon the day on which said election is held ; and
all persons illegally voting at any election under this act or
the ordinances of the city in pursuance thereof, shall be pun-
ishable according to the laws of the state.
ARTICLE IV.
POWERS AND DUTIES OF OFFICERS.
§ 1. Every person chosen or appointed to an executive, oath of office,
judicial or administrative office under this act, shall, before
he enters upon the duties of his othce, take and subscribe
the oath of office prescribed in the constitution of this state,
and iile the same, duly certified by the officer before whom
it was taken, with the city clerk.
§ 2. The mayor shall, before he enters upon the duties oath of mayor;
of his office, in addition to the usual oath, swear (or affirm)
" tliat he will devote so much of his time to the duties of
his office as an efficient and faithful discharge thereof may
require." He shall preside over the meetings of the ciry
council and shall take care that the hiws of this state and
the ordinances ot this city are duly enforced, respected and
observed within this city, and that all other officers of the
city discharge their respective duties, and he shall cause
negligence and positive violation of duty to be prosecuted
and punished. He shall, from time to time, give the city
council such information and recommend such measures as
he may deem advantageous to the city.
§ 3. He is hereby authorized to call on any and all wliite inhabitants to
male inhabitants of the city or county, over the age of Tng ikws!"^""^*^'
eighteen years, to aid in the enforcing the laws of the
state or the ordinances of the city, and in case of riot, to
call out the militia to aid in suppressing the same or carry-
ing into effect any law or ordinance ; and any person who
shall not obey such call shall forfeit to said city a fine of not
less than five dollars.
§ 4. He shall have power, whenever he shall deem it ^^^^'^^'^ ^f erf
necessary, to require of any of the officers of the city an ex- etc. ^ '
hibit of all his books and papers, and he shall have power
to execute all acts that may be required of him by this act
or any ordinance made in pursuance thereof.
502
CITIES.
Penalties. § 5. He shall be liable to indictment in the circuit court
of La Salle county for palpable omission of duty, willful
oppression, malconduct or partiality in the discharge of the
duties of his office, and upon conviction shall be subject to a
fine not exceeding one hundred dollars, and the court shall
have power, upon recomuiendation of the jury, to add as
part of the judgment, that he be removed from ufiice.
Salary. § 6. Pe shall receive such salary as may be fixed by or-
dinance, not exceeding six hundred dollars per annum.
Ordinances. § "i- AH Ordinances and resolutions shall, before they
take effect, be placed in the office ot the city clerk, and if
the mayor approve thereof, he shall sign the same, and such
as he shall not approve he shall return to the city council,
with his objections thereto. Upon the return of any ordi-
nance or resolution by the mayor, the vote by which the
same was passed shall be reconsidered, and if after such,
reconsideration a majority of ail the members elected to the
city council shall agree by the "ayes and noes," which shall
be entered upon the journals, to pass the same, it shall go
into eflect, and if the mayor shall neglect to approve or ob-
ject 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 etiect. He shall, ex officio^
have power to administer any oath required to be taken by
this act or any law of the state, to take depositions, the
acknowledgment of deeds, mortgages, and all other in-
struments of writing, and certify the same under the seal
of the city, which shall be good and valid in law.
Vacancy.' § 8. lu case of vacaticv iu the office of mayor, or of his
being unable to perform the duties of his office by reason
of temporary or continued absence or sickness, the city
council shall appoint one of its members by ballot to pre-
side over their meetings, whose official designation shall be
"acting mayor," and the alderman so appointed shall be
vested" with all the powers and perform all the duties of
mayor until the mayor shall assume his office or the vacancy
shall be filled by a new election.
Fire wardens. § 9. The members of the city council shall be, ex officio^
fire wardens and conservators of the peace within the city,
and shall be exempt from jury duty and street labor, or the
payment of street taxes during their term of office.
The clerk. §10. The clerk shall keep the corporate seal, and all
papers and all 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 corporate seal, shall be evidence in all courts, in like
manner as if the originals were produced. He shall like-
wise draw all warrants on the treasury and countersign the
same, and keep an accurate account thereof in a book pro-
503
vided for that purpose. He shall also keep an accurate
account of all receipts and expenditures, in such manner
as the city council sliall direct, and he shall have power to
administer any oath required to be taken by this act,
§ 11. It shall be the duty of the city attorney to per- Attomer,
ft)rm 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: Provided^ howtvei\ that the offices of the
city clerk and city attorney may be vested in the same
person.
§ 12. The city treasurer shall receive all moneys be-
longing to the city and shall keep an accurate account of all
receipts and expenditures in such a manner as the city
council shall direct. All moneys shall be drawn from the
treasury in pursuance of an order of the city council by a trea-
sury warrant signed by the mayor or the presiding officer of
the city council and countersigned by the clerk ; such war-
rant shall specify for what purpose the amount therein
named is to be paid. The treasurer shall exhibit to the city
council at least twenty days befc»re the annual election of
each year, and oftener if required, a full and detailed ac-
count of all receipts and expenditures since the date of the
last annual report, and also the state of the treasury, which
account shall be tiled in the office of the clerk.
§ 13. The city marshal shall perform such duties as shall Marshal,
be prescribed by the city council for the preservation of the
public peace, the collection of license moneys, tine, or other-
wise; he shall possess the powers and authority of a consta-
ble at common law and under the statutes of the state, and
receive like fees, but shall not serve civil process without
first entering into bond as such constable, to be approved
as in other cases. He shall execute and return all process
issued by any proper officer under this act or any ordinance
iu pursuance thereof.
^ 14. The city engineer or surveyor shall have the sole Engineers.
power, under the direction 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 or may be given by law to the acts, plats
and surveys of the county surveyor; he shall, when
required, superintend the construction of all public works
ordered by the city, make out the plans and estimates .
thereof and contract for the execution of the same ; he shall
perform all surveying and engineering ordered by the city
504: CITIES.
council ; shall, under their direction, establish the grades
and boundaries of streets and alleys, but such plans, esti-
mates and contracts, grades and boundaries, shall be first
reported to the city council and approved by them, or they
shall not be valid.
Assessor and §15. The asscssor and collcctor shall perform all dutit'S
collector. -^^ relation to the assessing of property for the purpose of
levying the taxes imposed by the city- council. In the per-
formance of his duties he shall have the same powers as are
or may be given by law to county or town assessors and be
subject to the same liabdities. On completing the assess-
ment lists and having revised and corrected the same he
shall sign and return them to the city council ; he shall col-
lect all taxes and assessments which may be levied by the
city council and perform such other duties as may be herein
prescribed or ordained by the city council.
Supervisor. § 16. Tlic supervisor shall superintend all local im-
provements in the city and carry into effect all orders of the
city council in relation thereto. It shall also be his duty to
superintend and supervise the opening of streets and allevs
and the grading, improving and opening thereof and the
construction and repairing of bridges, culverts and sewers :
to order the laying, relaying and repairing of sidewalks ; to
give notice to the owners of property adjoining such side-
walks, when required, and upon the failure of any person
to comply with such notice, to cause the same to be laid, re-
laid or repaired, and apportion the cost thereof among the
persons or lots properly chargeable therewith, and deliver
the account thereof to the city clerk, to be laid before the
city council ; to make plans and estimates of any work
ordered in relation to streets and alleys, bridges, culverts or
sewers ; to keep full and accurate account in appropriate
books of all appropriations made for work pertaining to his
office, and of all disbursements thereof, specifying to wJiom
made and on what account, and he shall render monthly
accounts thereof to the city council.
Duties of offi- § 17. 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 pow-
ers and duties of all officers elected or appointed to any
office under this act, whose duties are not herein speciti-
caily mentioned, and fix their compensation. They may also
require all officers, severally, before they enter upon the
duties of their respective offices to execute a bond to the
city of Mendota in such sum and with such securities as
they may approve, conditioned that they shall faithfully ex-
ecute the duties of their respective offices and account for
and pay over and deliver all moneys and other property
received by them; which bond, with the approval of the city
council certified thereon by the clerk, shall be tiled in his
office.
CITIES. 505
§ 18. If any person, having been an officer of said city, Non-snrrender
shall not within ten days after notification and request, de- °' ''*^°®'
liver to his successor in office all the property, books, papers
and effects of every description in his possession belonging
to said city or appertaining to his said office, he shall forfeit
and pay for the use of the city fifty dollars, besides all dam-
ages caused by his refusal or neglect so to deliver; and such
successor may recover possession of the books, papers and
effects belonging to his office in the manner prescribed by
the laws of the state.
§ IH. All officers elected or appointed under this act warrant,
shall be commissioned by warrants under the corporate seal,
signed by the mayor or presiding officer of the city council
and clerk.
ARTICLE V.
OF THE LEGISLATIVE POWER OF THE CITY COUNCIL — ITS GENERAL POWERS AND DUTIES.
§ 1. The mayor and aldermen shall constitute the city council,
council of the city. The city council shall meet at such
time and place as they shall by resolution direct. The
mayor, when present, shall preside at all meetings of the
city council and shall have only a casting vote ; in his ab-
sence any one of the aldermen may be ai^pointed to preside.
A majority of the persons elected aldermen shall constitute
a quorum.
§ 2. No member of the city council shall, during the compensation.
period for which he is elected, receive any compensation for
his services, or be appointed to or be competent to hold any
office of which the emoluments are' paid from the city trea-
sury or paid by fees directed to be paid by any act or ordi-
nance of the city council, or be directly or indirectly
interested in any contract the expense or considerati()n
whereof are to be paid under any ordinance of the city
council, or be allowed to vote in any matter in which he is
directly interested personally or pecuniarily.
§ 3. 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 by notice to each of
the members of the council served personally or left atjtheir
usual places of abode. Petitions and remonstrances may
be presented to the city council and they shall determine
the rule of their own proceedings and be the judges of the
election and qualifications of their own members and shall
have power to compel the attendance of absent members.
§ 4. The city council shall have control of the finances Finances and
and of all the property, real, personal and mixed, belong- P^'^P^^'y
ing to the corporation and shall likewise have power within
the jurisdiction of the city by ordinance —
Vol. 1-38
506 CITIES.
Indebtedness. Fivst. — To borrow money on the credit of tlie city, and
issue the bonds of the city therefor ; but no sums of money
shall be borrowed at a higher rate of interest than the rate
allowed by law, nor shall a greater sum or sums be bor-
rowed, or at any time outstanding, the interest upon the
aggregate of which shall exceed the one-half of the city .
revenue arising from the ordinary taxes within the city for
the year immediately preceding, and no bonds shall be
issued or negotiated at less than par valne. The appropri-
ations of the city council for payment of interest for im-
provements and for city expenses during any one fiscal year
shall not exceed the amount of the whole ordinary revenue
of the city for the fiscal year immediately preceding; but
the city council may apply any surplus money in the trea-
sury to the extinguishment of the city debt or to the crea-
tion of a sinking fund for that purpose or to the carrying
on of the public works of the city or to the contingent
fund for the contingent expenses of the city.
Appropriations. Secoud. — To appropriate money and to provide for the
payment of the debts and expenses of the city.
Sanitary reguia- Third. — To make regulations to prevent the introduction
tions. ^^ contagious diseases into the city, to make quarantine
laws for that purpose, and to enforce them within the city,
and within five miles thereof.
Nuisances. FouHfi. — To make regulations to secure the general
health and comfort of the inhabitants, to prevent, abate and
remove nuisances, and punish the author thereof by penal-
ties, fine and imprisonment ; to define and declare what
shall be deemed nuisances, and authorize and direct the
summary abatement thereof ,
Water and wells Fifth. — To provide the clty with water; to make, regu-
late and establish public wells, pumps and cisterns, by hy-
drants and reservoirs in the streets within the city or
beyond the limits thereof, for the extinguishment of tires
and the convenience of the inhabitants, and to prevent the
unnecessary waste of water.
streets, alleys Sixth. — To havc the cxclusive control and power over the
1- ways. g|^j.gyj-g^ alleys and highways of the city and to abate and
remove any encroachments or obstructions thereon ; to
open, alter, abolish, widen, extend, straighten, establish,
regulate, grade, clean, or otherwise improve the same ; to
put drains and sewers therein, and prevent the encumbering
thereof in any manner, and protect the same from any en-
croachment or injury.
Bridges, drains. Seventh. — To establish, erect, construct, regulate and
keep in repair bridges, culverts and sewers, sidewalks and
crossways, and regulate the construction and use of tiie
same, and to abate any obstructions or encroachments
thereof; to establish, alter, change and straighten the chan-
nels of water courses and natural drains ; to sewer the
same or wall them up and cover them over, and to prevent,
CITIES. 50t
regulate and control the fitting up, altering or changing the
channels thereof by private persons.
Eighth. — To provide for lighting the streets and erect- Lighta and
ing lamp posts and lamps therein, and regulate the lighting '*™i'^-
tliereof, and from time to time create, alter or extend lamp
districts ; to exclusively regulate, direct and control the lay-
ing and repairing of gas pipes and gas fixtures in the streets,
alleys and sidewalks.
Ninth, — To establish and erect markets and marlcet Markets,
houses and other public buildings of the city, and provide
for the government and regnlation thereof, and their erec-
tion and location, and to authorize their erection in the
streets and avenues of the city, and the continuation of such
as are already erected within the same.
Tenth. — To provide for the inclosing, regulating and im- Public grounds
proving all public grounds and cemeteries belonging to the rils. ^^^'^ ^
city, and to direct and regulate the planting and preserv-
ing of ornamental and shade trees in the streets or public
grounds.
Eleventh. — To erect and establish one or more hospitals Hospital^.
or dispensaries and control and regulate the same.
Twelfth. — To prevent the encumbering of the streets. Encumbrances,
alleys, sidewalks or public grounds with carriages, wagons,
carts, wheel-barrows, boxes, lumber, timber, lire wood,
posts, awnings, signs, or any other substance or material
whatever ; to compel all persons to keep the snow, ice, dirt
and other rubbish from the sidewalks and street gutters in
front of the premises occupied by them.
Thirteenth. — To license, tax and regulate merchants and M»rchants and
commission merchants, inn-keepers, brokers, money brokers, i°'^-'^«"^p^^^-
insurance brokers and auctioaeers, and to impose duties
upon the sales of goods at auction ; to license, tax, regubtte,
suppress and prohibit hawkers, peddlers, pawnbrokers, gro-
cery-keepers and keepers of ordinaries, theatrical or other ex-
hibitions, shows and amusements
Eourteenth. — To license, tax, regulate and suppress hack- Vehicles,
men, draymen, omnibus diivers, porters and all others
pursuing like occupations, with or without vehicles, and
prescribe their compensation, and to regulate and restrain
runners for stages, cars and public houses.
EiJ-teenth. — To license, tax, regulate and prohibit and Gaming, etc.
suppress bilhard tables, pin alleys and ball alleys ; to sup-
press and restrain disorderly houses, tippling shops and
groceries, bawdy houses, gaming and gambling houses,
lotteries and all fraudulent devices and practices, and all
playing of cards, dice and other games of chance, with or
without betting, and to authorize the destruction of all
instruments and devices used for the purpose of gaming.
Sixtetnth. — To authorize the proper officer of the city to issuing licens*
grant and issue licenses, and to direct the manner of issuing
and registering thereof, and the fees and charges to be paid
508
Liquors, etc.
Provisions.
■Weights
measur
therefor. No license shall be granted for more than one
year, and not less than three dollars nor more than live
hundred dollars shall be charged for any license under this
act, and the fees, for issuing the same, shall not exceed one
dollar, but no license for the sale of wines or. other liquors,
ardent or vinous, fermented or malt, at wholesale or retail,
by grocery keepers, inn keepers, or others, shall be issued
for less than fifty dollars.
Seventeenth. — To restrain, regulate and prohibit the sell-
ing or giving away of any intoxicating or malt liquors by
any person within the city, except by persons duly licensed ;
to forbid and punish the selling or giving away any intoxi-
cating or malt liquor to any mmor, apprentice or servant,
without the consent of the parent, guardian, master or
mistress.
Eighteenth. — To prevent, restrain and punish forestalling
and regrating ; to regulate the inspection and vending of
fresh meats, poultry and vegetables, of butter, lard and
other provisions, and the place and manner of selling fish
and inspecting the same.
Nineteenth. — To regulate, license and prohibit butchers,
and to revoke their licenses for malconduct in the course of
trade.
Twentieth. — 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 dercription, which is sold by measure 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 or ordinance.
Lumber Twenty-jiTst. — To regulate and provide for the inspecting
and measuring of lumber, shingles, timber, posts, staves,
heading and all kinds of building materials, and for the
measuring of all kinds of mechanical work, and to appoint
one or more inspectors or measurers,
Forageandfuei Twenty -second. — To provide for the inspection and weigh-
ing of hay, lime and stone coal, and the place and manner
of selling the same ; to regulate the measurement of fire
wood, charcoal and other fuel, to be sold or used within the
city, iUid the place and manner of selling the same.
TwMity-third. — To regulate the inspection of beef, pork,
flour, ineal and other provisions, salt, whisky and other
liquors io be sold in barrels, hogsheads and other vessels or
packages ; to ap])oint weighers, gangers and inspectors, and
prescribe their duties and regulate their fees : Provided.,
that nothing herein shall be so construed as to require the
inspection of any articles enumerated herein, Mdiich are
to be shipped beyond the limits of the state, except at the
requtBt of the owner thereof or his agent.
WeiKhers and
gaugers.
CITIES, 509
Tioenty -fourth, — To regulate the weight and quality of Bread,
bread to be used or sold within the city.
Twenty-fifth. — To regulate the size and quality of bricks Bricks,
to be suid or used within the city, and the inspection
thereof.
Tioenty -sixth. — To create, establish and regulate the PoUce.
police of the city ; to appoint watchmen and policemen,
and prescribe their duties and powers.
Tiventy- seventh. — To prevent and suppress any riot, rout, Rjots and af-
afl'ray, noise, disturbance or disorderly assembly, in any ^^^^'
public or private place within the city.
2 wenty- eighth. — To prohibit, prevent and suppress horse Riaing and
racing, inmioderate riding or driving in the streets, and to "^'"s-
authorize persons immoderately riding or driving, as afore-
said, to be stopped by any person ; to prohibit and punish
the abuse of animals; to compel persons to fasten their
horses or other animals, attached to vehicles or otherwise,
while standing or remaining in the streets.
Tioenty -ninth. — To restrain and punish vagrants, mendi- Vagrants,
cants, street beggars and prostitutes.
Thirtieth. — To regulate, restrain or prohibit the running Ammaisatiarge
at large of horses, cattle, swine, sheep, goats and geese, and
to authorize the distraining, impounding and sale of the
same, for the costs of the proceedings and the penalty in-
curred, and to impose penalties on the owners thereof, for
a 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 ordi-
nance, and to impose penalties on the owners or keepers
thereof.
Thirty-first. — To prohibit and restrain the rolling: of Roiling hoops,
i ij • r 1 -i. ^u i. .• flying kites,
hoops, liymg ot kites or any other amusements or practices blowTnghorns,
tending to annoy persons passing on the streets or side-
walks or to frighten horses or teams ; to restrain and pro-
hibit the ringing of bells, blowing of horns or bugles,
crying of goods and all other noises, performances and
practices tending to the collecting of persons on the streets
or sidewalks by auctioneers and others for the purpose of
business, amusement or othei-wise.
Thirty second. — To abate all nuisances which may injuie Nuisances,
or aifect the public health or comfort in any manner tliey
may deem expedient.
Thirty-third. — To do all acts and make all regulations Health,
which may be necessary or expedient for the promotion ot
health and the suppression of disease.
Thirty-fourth. — To compel the owner or occupant of any offensive estab-
grocery, cellar, soap or tallow-chandler or blacksmith shops, ''®^""®°*^-
fonnderies, livery stables, and packing houses, tannery,
privy, sewer or other unwholesome or nauseous house or
place ; to cleanse, remove or abate the same as may be
etc.
510
Distilleries, tan-
neries, etc.
Destitute chil-
dren.
Lots, lands,
drains, etc.
Railroad trades,
bridge*, eto.
necessary for the health, comfort and convenience of the
injiabitants.
Thirty -fifth. — To direct the location and regulate tlie
management and construction of breweries, tanneries, black-
smith shops, founderies, livery stables and packing houses;
to direct the location and regulate the management and
construction of, and restrain, abate and prohibit within the
city and to the distance of one mile from the limits thereof,
distilleries, slaughter houses, establishments for steaming or
rendering lard, tallow, offal and such other substances as
may be rendered, and all other establishments, or where
any nauseous, offensive or unwholesome business may be
carried on.
Thirty-sixth. — To regulate the burial of the dead ; to
establish and regulate one or more cemeteries ; to regulate
the registration of births and deaths; to direct the returning
and keeping of bills of mortality and to impose penalties
on physicians and sextons and others for any default in the
premises.
Thirty seventh. — To provide for the taking an enumera-
tion of the inhabitants of the inhabitants of the city.
Thirty -eighth. — To erect and establish a work-house or
house of correction, make all necessary regulations therefor,
and to appoint all necessary keepers or assistants in such
work-house or house of correction may be confined all va-
grants, stragglers, idle and disorderly persons who may be
committed thereto by any proper officer, and all persons
sentenced by any criminal court or magistrate in and for
the city or for the county of LaSalle for any assault and
battery, petit larceny, or other misdemeanor 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 ordinance of the city for any misdemeanor or breach of
any ordinance of the city may, instead of being committed
to the county jail of LalSalle county be kept therein subject
to labor and conhnement.
Tlvirty-ninth. — To authorize and direct the taking up and
providing for the safe keeping and education of all children
who are destitute of proper parental care, wandering about
the streets, committing mischief and growing up in mendi-
cancy, ignorance, idleness and vice.
tortitth. — To fill up, drain, cleanse, alter, relay, repair
and regulate any grounds, lots, yards, cellars, private drains,
sinks and privies, direct and regulate their construction and
cause the expenses tbereof to be assessed and collected in
the same manner as sidewalk assessments.
Forty first. — To direct and control the laying and con-
struction of lailroad tracks, 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 constructed and laid as to
CITIES. 611
interfere as little as possible with the ordinary travel and
use of the streets and alleys, and that siitticieiit space shall
be left on either side of said tracks for the safe and conve-
nient passage of teams and persons; to require raihoad
companies to keep in repair the streets through which
their tracks may run, and to construct and keep in repair
suitable crossings at the intersections of streets and alleys
and ditches, sewers and culverts when the city council shall
deem necessary ; to direct and prohibit the use and regulate
the speed of locomotive engines within the inhabited por- Speed of loco-
tions of the city ; to prohibit and restrain railroad companies '"°"^®^-
from doing storage or warehouse business or collecting pay
for storage, and ringing of engine bells and the blowing of
whistles.
Forty-second. — The city council shall have power to pass. Repeal of ordi-
publish, amend and repeal all ordinances, rules and police '^^°<=®s-
regulations not contrary to the constitution of the IJnited
States or of this state, for the government, peace and order
of the city and the trade and commerce thereof that may
be necessary or proper to carry into etiect the powers vested
by this act in the corporation, the city government or
any department or office thereof; to enforce the observance
of all such rules, ordinances and police regulations, and to
punish violations thereof by lines, penalties and imprison-
ment in the county iail, 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 imprisonment six months for
any offence, and such tine or penalty may be recovered with
costs, in an action of debt in the name or for the use of the
city, before any court having jurisdiction, and punishment
iniiicted ; and any person upon whom any tine or penahy
is imposed, shall stand committed until the payment ot the
same and costs, and in default thereof may be imprisoned
in the county jail, city prison or work-house, or required to
labor on the streets or other public works of the city for
such time and in such manner as may be provided by
ordinance.
ARTICLE VI.
OF TAXATION.
§ 1. The city council shall have power within the city
by ordinance —
First. — To levy and collect annually taxes not exceeding contingent ex-
five mills to the dollar on the assessed value of all real and p'^°^®'*-
personal estate and property within the city, and all per-
sonal property of the inhabitants thereof made taxable. by
the laws of the state for state purposes, to defray the gen-
eral and contingent expenses of the city not herein other-
512
CITIES.
City buildings.
wise provided for, which taxes shall constitute the general
fund.
Interest on the Third. — To levy and collect taxes not exceeding live
debt. mills to the dollar, per annum, on all property subject to
taxation, to meet the interest accruing on the debt of the
city ; and the city council shall pass no ordinance or resolu-
tion incurring or creating a debt without at the same time
making provisions for the levying a tax sufficient to meet
the payment of the interest accruing thereon when payable.
Fourth. — To annually levy and collect taxes on all prop-
erty subject to taxation when required for the erection of a
city hall, work-house or cnty prison, markets, hospital, the
purchase of market grounds, public squares or parks or any
other public improvements : Provided., the estimated costs
of a city hall, work-house or market house may be appor-
tioned by the city council and collected by a series of annual
assessments ; but the cost of market grounds, markets, pub-
lic squares or other improvements, may be levied and col-
lected upon all the real estate and other property in the
natural division of the city in which they are located. No
local improvement, under this section, shall be ordered in
any division unless a majority of the aldermen thereof shall
vote in favor of the same'; but no tax or taxes shall be levied
in any one year under this section which shall exceed live
mills to the dollar on the property assessed for any or all
the purposes, herein specified. The revenues arising from
such markets or other improvements shall be applied to the
liquidating the costs thereof, and taxes shall be levied and
collected to make up the delicieucy.
Fifth, — To levy and collect upon all property in such
district as they shall, froui time to time create, a tax suffi-
cient to defray one-half of the expenses of erecting lamp
posts and lamps, and lighting the streets in such districts,
and the tax thus collected shall be exclusively expended for
such purposes in the district paying the same.
^SixtL — To require (and it is hereby made the duty
of) every male resident of the city over the age of twentj-
one years and under the age of 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 tAvo
dollars : Provided.^ the same shall be paid within ten days
after notification by the supervisor ; in default ot payment
as aforesaid, the sum of three dollars and costs may be col-
lected, and no set-off shall be allowed in any suit brought to
collect the same.
Lamps 'and
light.
Street labor.
Consent of pro-
perty holderB.
ARTICLE VII.
OF ASSESSMKMTS FOR OPENING STREETS AND ALLEYS.
§ 1. The city council shall have power to open and lay
out public grounds or squares, streets, alleys and highways,
CITIES. 518
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
consent in writing of all persons owning land or lots ad-
joining said street, alley or highway. They shall cause all
streets, alleys and highways, or public squares or grounds
laid out by them, to be surveyed, described and recorded surveys and
in a book to be kept by the clerk, showing accurately and ""^""^ ^ ° '
particularly the proposed improvements 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 compensation,
ground or square is proposed to be laid out, opened, altered,
widened or straightened by virtue hereof, and the amount
of the compensation can not be agreed upon, the citj' council
shall give notice of their intention sto appropriate and take
the laud necessary for the same, to the owner thereof, by
publishing said notice for ten days in the newspaper pub-
lishing the ordinances of the city, at the expiration of
which time they shall choose by ballot three disinterested
freeholders, residing in the city, as commissioners, to ascer-
tain and assess the damages and recompense due the own-
ers of said real estate respectively ; and at the same time
to determine what persons will be benehted by such im- Benefits and
provement, and assess the damages and expenses thereof ^^^'^^s®^-
on the real estate benefited thereby, in proportion, as
nearly as may be, to the beueiits resulting to each. A ma-
jority of all the aldermen authorized by law to be elected
shall be necessary to a choice of such commissioners.
§ 3. The commissioners shall be sworn faithfully and commissioners*
impartially to execute their duties to the best of their abili-
ties. Before entering upon their duties they shall give at
least five days' notice to all persons interested, of the time
and place of their meeting ior the purpose of viewing the
premises and making their assessments ; which notice shall
be given personally it the owners are residents and known,
or by publication in the newspaper publishing the ordin-
ances of the city, if nonresidents or unknown. They shall
view the premises, and in their discretion receive any legal
evidence, and may if necessary adjourn from day to day.
§ 4. If there should be any buildings standing in whole Buildings taken
or in part upon the land to be taken, the commissioners,
before proceeding to make their assessment, shall first esti-
mate and determine the whole value of such building to the
owner, aside from the value of the land, and the actual in-
jury to him in having such building taken from him ; and
secondly the value of such building to him to remove.
§ 5. At least five days' notice shall be given to the owner Publication of
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,
Vol. 1—39
514
like notice to all persons interested shall be eriven by pnbli-
cation in the newspaper publishing; the ordinances of the
city. Snch notice shall specify the buildings and the award
of the commissioners, and shall be signed by them. It
shall also require the persons interesteil to appear by a day to
be named therein, or give notice of their election to the city
council, either to accept the award of the commissioners, and
allow such buildiug to be taken with the land condeumed
or appropriated, or of their intention to receive such build-
ing at the value set thereon by the commissioners, to re-
move. If the owner shall agree to remove such building,
he shall have such reasonable time for that purpose as the
city council may direct,
§ 6. If the owner refuses to take the building at its ap-
praised value to remove, or fail to give notice of his inten-
tion as aforesaid within the time prescribed, the city coun-
cil shall have power to direct the sale of such building at
public auction, for cash or on credit, giving live days' public
notice of the sale. The proceeds of the sale shall be paid to
the owner or deposited to his use.
§ 7. The commissioners shall thereupon proceed to
make their assessment and determine and appraise to the
owner the value of the real estate appropriated, and the in-
jury arising from the condemnation thereof, which shall be
awarded to such owner as damages, after making due al
lowance therefrom for any benedt which such owner may
derive from such improvement. In the estimate of dam-
age to the land, the commissioners shall include the value
of the buildings, (if the property of the owner of the
land,) as estimated by them as aforesaid, less the pro-
ceeds of the sale thereof; or if taken by the owner, at the
value to remove, in that case they shall include the difter-
ence between such value and the whole estimated value of
such building.
§ 8. If the damage to any person be greater than the
benefits received, or if the beneht be greater than the dam-
ages, in either case the commissioners shall strike a balance
and carry the difference forward to another column, so
that the assessment may show what amount is to be re-
ceived or paid by such owners respectively, and the differ-
ence only shall in any case be collectable of or paid to them.
§ U. If the lands and buildings belonging to different
persoiie, or if the land be subject to lease or mortgage, the
injury done to such persons respectively may be awarded
to them by the commissioners, less the benefit resulting to
them respectively from the improvements.
§ 10. Having ascertained the damages and expenses of
assessment of such improvement as aforesaid, the commissioners shall
damages. thereupon apportion and assess tlie same, together with the
costs of the i)roceeding, upon the real estate by them deem-
ed benefited, in proportion to the benefit resulting from
Sale of
ings.
Assessments
and valuation
Estimate of
damages.
Balance and
difference.
Leases and
mortgages,
Apportion-
ment and
CITIES. 515
improvements, as nearly as may be, and shall describe the
real estate upon which their assessment may be made.
When completed the commissioners shall sign and return
the same to the city council within thirty days of their as-
sessment.
§ 11. The clerk shall give ten days' notice by publica- puyjcation of
tion in the newspaper publishing the ordinances of the city, notice.
that such assessment has been returned, and, on a day
specitied therein, will be confirmed by the city council, un-
less objections to the same are made by some person inter-
ested. Objections may be heard before the city council, objections to.
and the hearing may be adjourned from day to day. The
council shall have power, in their discretion, to confirm or
annul the assessment, or refer the same back to the com-
missioners. If annulled, all the proceedings shall be void ;
if confirmed, an order of confirmation shall be entered, di- confirmation o f.
recting a warrant to issue for the collection thereof; if re-
ferred back to the same or other commissioners, they shall
proceed to make their assessment, and return the same in
like manner, and give like notices as herein required in re-
lation to the first ; and all parties in interest shall have the
like notice and rights, and the city council shall perform
like duties and have like powers in relation to any subse-
quent determination, as are herein given in relation to the
first.
§ 12. The city council shall have power to remove com- Romovaiof the
missioners, and from time to time appoint others in place commissioners
of such as may be removed, refuse, neglect, or are unable
from any cause to serve.
§ 13. The land required to be taken for the making, possession and
opening, widening, straightening or altering any street, appropriation
alley, or other highway 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 or his agent ; or, in case such owner or his agent
can not be found within the city, deposited to his or their
credit in some safe 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 improvements, and such streets, alleys or other high-
ways or public grounds, may be made and opened.
§ 14. When the whole of any lots or parcel of land or covenants, con-
other premises, so under lease or other contract, shall be *'"*'''®' ****
taken for any of the purposes aforesaid, by virtue of this act,
all the covenants, contracts and engagements between land-
lord and tenant, or any other contracting parties touching the
same, or any part thereof, sliall upon the confirmation of the
report of the commissioners respectively, cease and be abso-
lutely discharged.
§ 15. When part only of any lot, parcel of land or Discharge of.
other premises so under lease or contract, shall be taken
^^^ CITIES.
for any of the purposes aforesaid, by virtue of this act all
rpl.T^"fi°^'' ^"^"^^^c^^' agreements and engagements
respecting the same upon the confirmation of the report of
he commissioners, shall be absolutely discharged, ns to that
part thereof, so taken; but shall remain valid as to the resi-
due thereof and the rent, consideration and payment re-
served, payable and to be paid for or in respect to the same
snail be su proportioned as that the part thereof, iustiv and
equitably payable for such residue thereof, and no-more
An..., Tut P"!; °'' re^o^erble in any respect for the same.
Appeals. ^ 16 Any person interested, may appeal from any final
order of the city council, for opening, altering, widening or
straiglitemng any street, alley, or other highway, or public
ground to the circuit court of La Salle county, by notice in
writing to the mayor at any time before the expiration of
twenty days after the passage of sairl final order. In case
of appeal the city council shall make a return within thirty
days a er notice thereof, and the court shall at the next
term after return hied in the office of the clerk thereof, hear
and determine such appeal and confirm or annul the pro-
2luT' jT ^^;ch appeal no judgment or writ of error,
shall lie. Lpon the trial ot appeals, all questions involved
in said proceedings including the amount of damages shall
beopen to investigationbyaffidavitororal testimony adduced
to the court, or upon application of the citv or any party,
the amount of damages may be assessed by a jury in said
court wit^hout formal pleadings, and iudgmenf 'rendered
accordingly, and the burden of proof shairin all cases, be
upon the city, to show that the proceedings are in conformity
with this act. '^
MTsZZs'^'- ^/7- I" all cases where there is no agreement to the
contrary the owner or landlord, and not the tenant or occu-
pant, shall be deemed the person who shall and ouo-ht to
pav and bear every assessment made for the expense of any
public improvement Where any such assessment shall he
made upon, or paid by any person, when by agreement or
by law, the same ought to be borne or paid by any other
person, it shall be lawful for one so paying, to 'sue for and
recover of the persons bound to pa/t4 same, the amouVt
80 paid with interest. Nothing herein contained shall in
any way impair or affect any agreement between landlord and
tenant or person, respecting the pay men t of such assessments.
§ 18. Ihe city council may by ordinance, make any
"c'Sgl^P^" tZ^Zn ""^-^ ^f l^a<^^isfble in the proceedings hereii
pie.ciibed for ascertaining the damages and injury occa-
sioned to any person or real estate, by reason of the cindem-
nation of such rea estate, or any real estate upon which
any building may be situated in whole or in part, and the
assess.uent of such damages and injury upon persons or
real estate henefated by the improvement, and in all such
otlier respects as experience may suggest.
CITIES. 5|/T
§ 19. When anj known owner or other person having infants
an interest in any real estate, residing in the city or else
where, shall be an infant, and any proceedings shall be had
under this act, the judge of the circuit court of La Salle
county, the county judge of said county, or any iudge of
the supreme court, may upon the application of the city
council, or such infant or his next friend, appoint a o-nardiaii
lor such infant, taking security from such guardiatf, for the
taitlitul execution of such trust, and all notices and summons
re<_iaired by this act, shall be served on such guardian.
ARTICLE VIII.
j PUBLIC IMPROYEMEXTS, AND ASSESSMENTS THEREFOR.
fhL\. l^^ ""'^^ '^'"'''''^ 'Y^ ^^""^ P^^^^ ^^^"^ time to street commis-
time, to cause any street, alley or other highway to be ^^*°''^^-
graded, regraded, leveled, paved or planked, tnd keep the
same in repair, and alter and change the same
.J'JiTtj^''- ""^'"'a ''^'^ ^" u "'"'' ^^'^'' '"^5" ^^^^^°'^ and Sidewalks, etc.
seweis, and private drains to be constructed and laid, relaid
cleansed and repaired, and regulate the same.
JAird.~To grade, improve, protect and ornament any p„w
public square or other public ground, now or hereafter laid ""'"° «^°"^^'^'
nu'T^frJ^^'^ ""'^^ '"''Im '^^ '^^^^ ^^^^ P'^^^e^' ^^ assess and Taxes.
CO leet of the owners of lots or real estate, on any street or
other highway, or any part thereof, in the same manner as
, other city taxes, or m such manner as may be prescribed
by ordinance tor the purpose of grading, paving or plank-
ing such street or other highway : Provided, that such tax
shall not exceed hve mills per annum, of the value of the
property assessed.
^.It '^^^A ^?'-^^^ PyP'^'^ ^^" establishing a system of survey, and
sewerage and drainage, the city council may have power to ^'*'"^«"
cause tne city to be laid olf into districts, to be drained by
princ.pal and lateral or tributary sewers or drains, havin'o-
reterence to a general plan of drainage by sewers and drains
lor the whole city, ana number and record the same
§ 3 ihat whenever a majority in number of the owners Petitions for
of rea estate, within any district, shall petition the city -nstructio/s.^
council lor the construction of such drains or sewers in
such district, the city council shall have power to levy and
collect a special tax on the real estare within the dist4t so sne.,-„taxe«
drained, and not to exceed fi.e mills to the dollar pe?
annum, on the assessed value thereof, for the purpose of
constructing such sewers and drains, which tax shall be
annually levied and collected as other city taxes by law
and shall constitute a lien on the real estate, in the district
m which It IS assessed. And the city council shall have power
to provide for the construction and letting of such sewers
and drains, or such parts thereof as they shall deem neces-
518 CITIES.
8ary, and may from time to time, extend, enlarge or alter
the same, upon such terms and conditions as they shall
deem necessary, and the city council shall have power to
borrow money for the construction of such sewers and
drains, payable in principal and interest, from the special
tax collected in such district, or the city council may appor-
tion the estimate cost of such drains and sewers, and collect
the same by a series of annual assessments. But no ordi-
nance creatinjy such debt, special tax or apportionment, shall
be repealed or altered until the debt created thereby, shall
have been paid.
Improvements, g 4. All owucrs or occupants of lots or land, in front of,
adjoinina:, or upon whose premises the city council shall
order and direct sidewalks or private drains communicating
with any main drain to be constructed, graded, repaired,
relaid or cleansed, or shall declare any such land or lots to
be nuisances, and order the same to be graded, tilled up and
drained, or otherwise improved, shall make, grade, repair
or relay such sidewalk, or make, repaii" or cleanse such pri-
vate drain, or grade, till up, drain or otherwise improve such
Cost and char- lot or land at their own cost and charges, within the time
^^^' and in the manner prescribed by ordinance or otherwise ;
and if not done within the time and in the manner pre-
scribed, the city council may cause the same to be con-
structed, repaired, relaid, cleansed, tilled up, graded, drained
or otherwise improved, and assess the expense thereof, by
an order to be entered in their proceedings, ujion the lots
and land respectively, and collect the same by warrant and
sale of the premises, as in otlier cases. A suit may also be
maintained against the owner or occupant of such premisi^s,
for the recovei-y of such expenses as for money paid and
laid out to his use, at his request.
Assessments of § 5. In all cascs where expenses may be incurred in
expenses. ^^iq removal of any nuisance, the city council may cause the
same to be assessed against the real estate chargeable there-
with, in the same manner prescribed in the foregoing sec-
tion. Such expenses may be likewise collected of the owner
or occupant of such premises, in 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 be in like manner
brought for such expenses against the author of such nuis-
ance, if known, or any person whose duty it may be to
remove or abate the same.
Repairs. § 6. The city council shall have power to compel the
owners of lots or ground, fronting or adjoining any private
or public 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 man-
ner as sidewalk assessments.
CITIES. 519
ARTICLE IX.
COLLECTION OF TAXES AND ASSESSMENTS.
§ 1. The city council shall have power, by ordinance, to Lists of.
prescribe the form of assessment lists, and prescribe the du-
ties and detine the powers of assessors. They may also make
such rules and give such directions in relation to revising,
altering or adding to the lists, as they may deem proper and
expedient.
§ 2. The annual assessment lists shall be returned by Time of returns
the assessor on or before the first Monday in August in
each year, but the time may be extended 'by order'of the
city council. On the return thereof the city council shall
fix a day for hearing objections thereto, and the clerk shall
give notice of the time and place of such hearing by pub-
lication m the newspaper publishing the ordinances of the
city, and any person feeling aggrieved by the assessment of
his property, may appear at the time specified and make
his oujections. The city council shall have power to supply
omissions in said assessment lists, and. lor the purpose of omissions
equalizing the same, to alter, add to, take from and other-
wise correct and revise the same, or to refer the same back
to the assessor, with instructions to revise and correct the
same,
§3. When the assessment lists have been corrected and coniirmatioa of
the same and directing the warrant to be issued for the col- warrant, of ..,
lection thereof, shall be entered by the clerk. The city lecuon!' °''°'-
conncil shall thereupon, by an ordinance or resolution, levy
such sum or sums of money as may be sufficient fur the
several purposes for which tax3S are herein authorized to
be levied,_ not exceeding the authorized percentage, particu-
larly specifying the purposes for which the same are levied,
and if not fjr general purposes, the division of the city
upon which the same are laid.
§ 4. All taxes and assessments, general or special, levied License
or assessed by the city council under this act, or any ordi-
nance in pursuance thereof, shall be a lien upon the real es-
tate upon which the same may be imposed, voted or assess-
ed, for two years from and after the corrected assessment
lists shall be confirmed or the passage of the order for as-
sessment, and on personal estate from and after the delivery
of the M-arrant for the collection thereof until paid, and no
sale or transfer shall afiect the lien. Any personal prop-
erty belonging to the debtor may be taken' and sold for the
payment of taxes on real or personal estate, and the real
estate shall be liable for the taxes on personal estate, in
case of removal, or when the tax can not be made out of the
personal estate in the same manner as is prescr.bed by the
laws of the state: J'rovided, that in case the collection of
any assessment shall be delayed by injunction, or other ja-
62 0
CITIES.
dicial proceedings, the same shall continue a lien, unless
set aside upon the real estate lor the period of two years
from and after the final disposition of such injunction or
other judicial proceeding.
Warrants. § i>. The clerk shall issue a warrant or warrants for the
taxes, and rale therein separate columns, in which the tax
levied shall be respectively set down op))osite the name of
the person or such real estate subject thereto. Each col-
umn shall be headed with the name of the tax therein set
down.
Collection of. g 6. All Warrants issued for the collection of general or
special taxes and assessments, shall be signed by the mayor
and clerk, with the corporate seal attached thereto, and shall
contain true and perfect copies of the corrected assessment
lists upon which the same may be issued. They shall be
delivered to the collector for collection within thirty davs
after the filing of the corrected lists, unless further time for
ttiis purpose shall be given by the city council. If not
otherwise paid the collector shall have power to collect said
taxes, with interest and costs, by suit in the corporate name,
or by distress and ,sale of personal property, as aforesaid,
after a demand and refusal to pay the same : Provided^ a
notice published by the collector for ten days in the news-
paper printing the ordinances of the city, shall be deemed
a demand, and a neglect to pay taxes for twenty days th(;i-e-
after shall be deemed a refusal. The assessor's list shall in
all cases be evidence on the part of the city corporation.
Manner of. § 7. All taxcs and assessmcuts, general or special, shall
be collected by the collector in the same manner and with
the same power and authority as is given by law to collec-
tors of county and state taxes. He shall pay the same, as
fast as collected, into the city treasury, and his duty in re-
gard to returning warrants and settling with the city, and.
his liabilities in case of default or misconduct, shall be the
same as prescribed by law : Provided^ the city council
shall have power to prescribe the powers, duties and liabili-
ties of collectors by ordinance.
Non-payment of § 8. In casc of the uon-paymont oi any taxes or assess-
ments levied or assessed under this act, the premises may
be sold for the payment thereof at any time within two
years after the confirmation of the assessment by the city
council. Before any such sale or order shall be made by
the city council, wiiich shall be entered at laige in the
journals or record kept by the clerk, directing the collector
to sell, particularly describing the delinquent premises to be
sold and the assessment for which the sale shall be made, a
certified copy of which order, under the corporate seal,
signed l)y the mayor or presiding officer and clerk, shall be
delivered to the collector, which, together with the warrant,
shall constitute the proceBS upon which such sale shall be
made.
CITIES. 621
§ 9. The collector shall then advertise such premises in saieof.
the newspaper publishing the ordinances of the city, for
sale, at least tliirty days from and after the first publication
of such notice, describing the premises by figures or other-
wise, with the name of the owner (when known) and the
several amounts of 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 pro-
ceedings may be stopped at any time on the payment of
taxes or assessments and interest, with expenses of adver-
tising.
§ 10. All sales shall be conducted in the manner re- Manner of con-
quired by law, but the city council shall have power to pre- '^°"°s-
scribe 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 assessments thereon,
with interest and costs of sale. Duplicate certificates of
sale shall be made and subscribed by the collector, one of
which shall be delivered to the purchaser, and the other
filed in the oflice of the clerk, which certificate shall con-
tain the name of the purchaser, a description of the prem-
ises sold, the amount of taxes or assessments, with the in-
terest and expenses, for which the same was sold, and the
time when the right to redeem will expire. The collector
shall be allowed the same fees for selling as are allowed by
law for similar services, or his fee may be regulated by or-
dinance. The clerk shall keep a record of such sales,
which shall be open to public inspection at all reasonable
times.
§ 11. The right of redemption in all cases for sales for Rights of re-
taxes or assessments, shall exist to the owner, his heirs, 'ie'^P*'^'^-
creditors or assigns, to the same extent as is allowed by law
in cases of sales of real estate for taxes, on the payment of
double the amount (in specie) for which the same was sold,
and all taxes accruing subsequent to the sale, with interest.
If the real estate of any infant, /emw2g covert or lunatic, be
sold under this act, the same may be redeemed at any time
■within one year after such disability is removed. In case
of redemption the money may be paid to the purchaser, or
for him to the city clerk, who shall make a special deposit
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 so sold and unredeemed, as afore-
said. An abstract of all deeds so made and delivered shall
be entered by the clerk in the book wherein tax sales are
Vol. 1—40
522 CITIES.
recorded. A fee of one dollar may be charged by the clerk
for any deed so issued.
Deeds. § 12. The assignee of any tax certificate of any premises
sold tor taxes or assessments, under authority of the cit}'-,
shall be entitled to receive a deed of such premises in his
own name, and with the same efiect as though he had been
the original purchaser.
Sale of to eity. § 13. If at any sale of real or personal estate for taxes
or assessments, no bid shall be made for any parcel of land,
or any goods and chattels, the same shall be struck off to
the city, and thereupon the city shall receive, in the corpo-
rate name, a certihcate of the sale thereof, and shall be
vested with the same rights as other purchasers at such
§ 14. All deeds made to purchasers of lots sold for
taxes or assessments by order of the city council shall be
prima facie evidence in all controversies and suits m rela-
tion to the right of the purchaser, his heirs or assigns, to the
premises thereby conveyed, of the folk)wing facts :
First — That the land or lot surveyed was subject to tax-
ation or assessment at the time the same was advertised for
sale and had been listed and assessed in the time and man-
ner required by law.
Second. — That the taxes or assessments were not paid at
any time before the sale.
Third. — That the land conveyed had not been redeemed
from the sale at the date of the deed, and sliall be conclu-
sive evidence of the following facts :
First. — That the land was advertised for sale for the
length of time and in the manner required by law.
Second. — That the land was sold for taxes or assessments
as stated in the deed.
Third. — That the grantor in the deed was the purchaser.
Fourth. — That the sale was conducted in the manner re-
quired by law, and in all controversies and suits involving
the title to land claimed and held under and by virtue of
such deed, the person or persons claiming title adverse to
the title conveyed by such deed shall be required to prove,
in order to defeat the said title, either that the land was not
subject to taxation at the date of the sale ; that the taxes or
assessments had been paid ; that the said land had never
been listed or assessed for taxation or assessment, or that
the same had been redeemed according to the provisions of
the act, and that such redemption was made for the use and
benefit of the persons having the right of redemption under
the laws of the state ; but no person shall be permitted to
question the title acquired by the said deed without first
showing that he, she or they, or the pei'son under wlunn he,
she or they claim title, had title to the land at the time ot
the sale, or that the title was obtained from the United States
523
or this state after the sale, and that all taxes due upon tlie
lands have been paid bv such persons or the person under
whom he claims title as aforesaid.
ARTICLE X.
FIRE DEPARTMENT.
§ 1. The city council, for the purpose of guarding against Buiidinga.
the calamities of tire, shall have power to prohibit the erec-
tion, placing or repairing of wooden buildings within the
limits prescribed by them without their permission, and di-
rect and prescribe that all buildinirs within the limits pre-
scribed, shall be made or constructed of fire-proof materials,
and to prohibit the re- building or repairing of wooden build-
ings within the lire-limits when the same shall have been
damaged to the extent of fifty per cent, of the value thereof,
and to prescribe the manner of ascertaining such damages ;
to declare all dilapidated buildings to be nuisances and to
direct the same to be repaired, removed or abated in such
manner as they shall prescribe and direct; to declare all
wooden buildings within the fire-limits which they may
deem dangerous to contiguous buildings or in causing or
promoting fires to be nuisances, and to require and cause
the same to be removed or abated in such manner as they
shall prescribe.
§ 2. The city council shall have power —
[first. — To regulate the construction of chimneys and chimneys and
flues so as to admit of chimney-sweeps or other mode of ^^^' ^
cleaning, and to compel the sweeping and cleaning of
chimneys.
Second. — To prevent and prohibit the dangerous construc-
tion and condition of chimneys, flues, fire-places, stove
pipes, ovens or any other apparatus used in or about any
building or manufactory, and to cause the same to be re-
moved or placed in a secure and safe condition when con-
sidered dangerous.
Third. — To prevent the deposit of ashes in unsafe places. Dangerous con-
and to appoint one or more otficers to enter into all build- '^'^^°'^''^-
ings and inclusures ; to examine and discover whether the
same are in a dangerous state, and to cause such as be dan-
gerous to be put in safe condition.
Fourth. — To require the inhabitants to provide as many Manufactories,
fire-buckets and in such manner and time as they shall pre-
scribe and tu regulate the use thereof in times of fire, and
to require all owners and occupants of buildings to construct
and keep in repair wells or cisterns upon their premises.
Fifth. — To regulate and prevent the carrying on of man- storage of com-
ufactories and works dangerous in promoting or causing bustibies.
tires.
ment.
524 CITIES.
Sixth. — To regulate, prevent and prohibit the use of fire-
works and lire-arms.
^Seventh. — To direct and prohibit the management of
houses for the storing of gunpowder and other cumbustible
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.
Walls and fen- Eighth. — To regulate and prescribe the manner and
°'*^' order the building of parapet and partition walls and of
partition fences.
Ninth. — To compel the owners or occupants of houses or
other buildings to have scuttles in the roofs, and stairs or
ladders leading to the same.
Fires, etc. Tenth. — To authorize the mayor, fire-wardens or other
officers of said city to keep away from the vicinity of any
fire all idle and suspicious persons, and to compel all otficers
of the city and all other persons to aid in the extinguish-
ment of tires and in the preservation of property exposed
to danger thereat, and in preventing goodsfrom being stolen.
Eleventh. — And generally to establish such regulations for
the prevention and extinguishment of fires as the city coun-
cil may deem expedient.
Fire depart- | 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 fit
and secure houses and other places for keeping and pre-
serving the same, and shall have power —
First. — To organize fire, hook, hose and ladder com-
panies.
Second. — To appoint, during their pleasure, a competent
number of able and reputable inhabitants of the city, fire-
men, to take the care and management of the engines and
other apparatus and implements used and provided for the
extinguishment of fires.
Duties of fire- Third. — To prescribe the duties of firemen and to make
rules and regulations for their govei-nment and to impose
reasonable penalties upon tliem for a violation of the same,
and for incapacity, neglect of duty or misconduct, to remove
them. '*
Fourth. — 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 man-
agement of the engines and other apparatus and imple-
ments provided and used for tlie extinguishment of fires,
and their powers and duties shall be prescribed and defined
by the(.ity council.
§ 4. The members of the city council and firemen shall,
during their terms of service as such, be exeini)ted from
serving on juries, in the militia, or wt>rking on the streets
or paying any taxes for the same. The naine of each fire-
man shall be registered with the clerk of the city, and the
men.
Officers.
CITIES. S25
evidence to entitle him to the exemption provided in this •
section shall be the certificate of the clerk, under the corpo-
rate seal, for the year in which exemption is claimed.
ARTICLE XI.
BOARD OF HEALTH.
§ 1. The board of health shall consist of three or more
commissi(jners to be appointed annually by the city council,
and the mayor or presidiug officer of the city council shall
be president of the board, and the city clerk shall be their
clerk and keep minutes of its proceedings.
§ 2. It shall be the duty of health officers to visit every Duties of offi-
sick person who may be reported to them as hereinafter '^^'^^■
provided, and to report with all convenient speed their opin-
ion of the sickness of such person, to the clerk ot the board,
and to visit and inspect all houses or places in which they
may suspect any person to be confined with any pestilential
or infectious disease or to contain unsound provisions or
damaged or putrid animal or vegetable matter or other un-
wholesome articles and to make report of the state of the
same with all convenient speed to the clerk of the board.
§ 3. All persons in the city, not residents thereof, who Quarantine and
may be infected with any pestilential or infectious disease, f^t'ions^ '^^"^
or all things which in the opinion of the board shall be in-
fected by or tainted with pestilential matter and ought to be
removed so as not to endanger the health of the city, shall,
by order of the said board, be removed 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 furni-
ture or wearing apparel to be destroyed whenever they may
deem it necessary for the health of the city by making just
compensation.
§ 4. The city council shall have power to prescribe the
powers and duties of the board of health, and to punish by
line or imprisonment, or both, any refusal or neglect to ob-
serve the orders and regulations of the board.
§ 5. The health officers may be authorized by the city other duties of,
council, when the public interests require, to exercise for
the time being such of the powers, and perform such of the
duties of marsliai or supervisor 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 practicing physic in this city who Duties of phy-
shall have a patient laboring under any malignant, inl'ec- ^"^'"°''-
tious or pestilential disease, shall forthwith Uiake report
thereof in writing to the clerk of the board, and for neglect
to do so shall be considered guilty of a misdemeanor, and
liable to a fine of fifty dollars, to be sued for and recovered,
526 CITIES.
with costs, in an action of debt in any court having cog-ni-
zauce thereof, or before a justice of the peace, for the use of
the city.
ARTICLE XII.
MISCELLANEOUS PROVISIONS.
Publication
ordinances,
§ 1. The city council shall, at least ten days before the
annual 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
fiom whence the former are derived, and the mode of dis-
bursement ; and also a distinct statement of the whoie
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 iiuancial concerns of the city.
street labor. | 2. The inhabitants of the city of Mendota are hereby
exempted from working upon any road or hii^hway beyond
the limits of the city, and from paying the tax in lieu there-
of without said limits.
Duties of super- § 3. The supcrvisor shall demand the services of all
'^^^°'^' persons who are required to labor on the streets and alleys
of the city, at such times and place, and in such manner,
as the council may direct, or the supervisor 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 printed notice,
or partly written or printed notice, in such form as the city
council shall prescribe, which notice shall be given at least
live days previous to the tirst day on which he or they are
re(piired to labor, requiring such person to appear at such
time and place as may be designated, for the purpose of
laboring upon the streets and alleys. But a similar notice
published for ten days in the newspaper publishing the ord-
inances of the city, by the supervisor, or posted up in three
of the public places of the ward or district, shall be deemed
a 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 from each person, in the same manner
as other taxes, the sum of three dollars, with his commis-
sion for collecting the same added thereto, or the same may
be recovered by suit, with costs, as in other cases.
Finos and pen- § 4. All tiues, forfeitures and penalties collected for of-
^'^"''*" fences committed within said city shall be paid into the
treasury of said city, by the officers collecting the same ;
and all tines and forfeitures collected of any citizens of said
CITIES. 527
city for any conviction in the circuit court shall be paid
over in like manner.
§ 5. The city council shall have power to cause the emveysand
blocks and lots of the city to be surveyed, platted and num- ^ '''*'
bered, in consecutive numbers, from one upwards, and to
designate and number all fractional or other lots or blocks
in such manner as they may prescribe by ordinance, and
Buch plat, designation and numbers, when made and duly
recorded, shall be a good and valid description of said
blocks and lots, or fractional blocks and lots; to establish,
mark and declare the boundaries and names of streets and
alleys ; to require that all additions hereafter made 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 corres-
pond and conform to the regular blocks, streets and alleys
ab'eady laid out and established within the city.
§ 6. The city council shall, in all expenditures for pur- Expenditures,
poses strictly local, expend annually in the several natural di-
visions of the city, such proportion, as near as may be, of
the whole expenditures for like purposes during the same
period as will correspond to the several sums contributed by
each division to the general fund ; that taxes shall be ex-
pended in the several wards or districts where the persons
paying the same may respectively reside.
§ 7. The water courses in said city, or natural branches water.
leading thereinto, shall not be filled up, altered 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 and straighten-
ing, and to wall, fill up, culvert or sewer the same.
§ 8. The supervisor, in addition to the penalties pre- Penalties,
scribed by ordinance, shall, for willful neglect of duty, be
liable to indictment and fine in the same manner as super-
visors under the laws of the state.
$i 9. Neither the city council or the mayor shall remit Remission of
,. 1 i • 1 <> • I fines, etc.
any fine or penalty imposed upon any person for a viola-
tion of any laws or ordinances 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 nuisances within its ju-
risdiction by indictment or otherwise.
§ 10. No vote of the city council shall be reconsidered or Reconsidera-
rescinded at a special meeting, unless the meeting be call- t'o°o'vote.
ed in whole or in part for that purpose, and the aldermen
be so notifie I, and unless at such special meeting there be
present as large a number of aldermen as was present
when the vote was taken,
§ 11. The cemetery lots which may be laid out and sold, Ceineteries ex-
by the city or private persons for private places of burial, tl^Em'e'^t'" "'
naaces.
528 CITIES.
shall, with the appurtenances forever be exempt from exe-
cution and attachment.
Proof of ordi- § 12. Every Ordinance, regulation and bj-law imposing
any penalty, tine or imprisonment or forfeiture, for a viola-
tion of its pr(^visions, shall, after the passage thereof, be
published three days in the newspaper publishing the ordi-
nances of the city, and proof of such publication by the af-
fidavit 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 publi-
cation, shall be conclusive evidence of tlie legal publication
and promulgation of such ordinance, regulation or by-law,
in all courts and places.
§ 13. All actions brought to recover any penalty or for-
feiture incurred under this act or any ordinance, by-law or
police regulation made in pursuance thereof, shall be
brought in the corporate name. It shall be lawful to de-
clare generally in debt for such penalty, tine or forfeiture,
stating 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.
§ 14. In all prosecutions for any violati<jn of any ordin-
ance, by-law or other regulation, the first process shall be
a summons, unless oath or affirmation be made tor a war-
rant, as in other cases.
Justices of the ^ 15, The City couucil shall have power to designate
one or more justices of the peace in said city, who shall
have juiisdiction in any actions for the recovery of any fine,
penalty or forfeiture under this act, or any ordinance, by-
law or police regulation, anything in the laws of this state
to the contrary notwithstanding. Such justice shall have
power to impose tiaes and penalties not exceedino; the
amount authorized by the constitution of the state. There
shall be such local court of civil and criminal jurisdiction as
may be established by the general assembly in the cities of
the state, in accordance with the constitution of the state.
Such court shall have jurisdiction over all cases arising
under this act, or any ordinance of said city in pursuance
thereof, and such other civil and criminal jurisdiction as
may be provided by law.
§ 16. Execution may be issued immediately on ren-
dition of judgment. If the defendant has no goods or
chattels or real estate within the county of La Salle where-
of the judgment can be collected, the executive shall re-
quire the defendant to be contined in the county jail or
workhouse or city prison for a term not exceedhjg six
months, in the discretion of the court rendering judgment ;
and all persons who may be committed under tiiis section
shall be contined one day for each one dollar of sucli judg-
ment and costs. All expenses incurred in prosecution for
peace.
CITIES. 529
the recovery of any fine, penalty or forfeiture, when col-
lected, shall be paid into the city treasury.
§ 17. Any person who shall destroy or injure any bridge, Penalty for de-
or any public building or other property belonging to the pubi'ic"''Duiid-
city, or shall cause or procure the same to be injured or '"^ss.
destroyed, shall be subject to a penalty not exceeding live
hundred dollars for such offence, to be recovered by the
city in an action of debt, and may be imprisoned not exceed-
ing 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, for the dama-
ges occasioned by such injury or destruction.
§ IS. No person shall be an incompetent judge, justice, incompetent
witness or juror, by reason of his being an inhabitant or Ji^dges, etc.
freeholder in the city of Mendota, in any action or pro-
ceeding in which said city may be a party in interest.
§ 19. All ordinances, regulations and resolutions now in force,
[in force] in the town of Mendota, and not inconsistent with
this act, shall remain in force under this act, until altered,
modified or repealed by the city council, after this act shall
take efi'ect.
§ 20. All rights, actions, fines, penalties and forfeitures, vested Rights.
in suit or otherwise, which have accrued under the several acts
consolidated herein, shall be vested in and prosecuted by
the corporation liereb}' created.
§ 21. All property, real, personal or mixed, belonging vested proper-
to the city of JMendota, is hereby vested in the corporation ^^'
created by this act ; and the oflicers of said corporation now
in office, shall respectively continue in the same, until
sup'ei-seded in conformity to the provisions hereof, but shall
be governed by this act, which shall take efi'ect from and
after its passage.
§ 22. All ordinances of the city, when printed and pub- Proof of ordi-
lished by authority of the city council, shall be received in
all courts and places, without further proof.
§ 23. The style of all ordinances shall be, " Be it or- ^^y'^^^f °i'<^^-
dained by the city council of the city of Mendota."
§ 21:, Any tract of land adjoining said city, which may Additions.
be laid oft* into blocks or lots and duly platted according to
law, and any tract of land adjoining the city, with the con-
sent of the owner thereof, shall and may be annexed to said
city and form a part thereof.
§ 25. This act shall not invalidate any legal act done by invalidation of
the board of trustees of the town of Mendota or by its offi- ^^''
cers, nor divest their successors under this act of any rights
of property or otherwise, or liability which may have
accrued to or been created by said corporation prior to
the passage of this act.
§ 26. All officers of the city created conservators of the Arrests.
peace by this act, or authorized by any ordinance, shall
have power to arrest or cause to be arrested, with or with-
Yoi. 1—41
.530 CITIES.
out process, all persons who shall break the peace or
threaten to break the peace, or be found violating any
ordinance of this city, commit for examination, and, if ne-
cessary, detain such persons in custody over night or the
Sabbath, in the watch house or other safe place, or until
tliey can be brought before a magistrate, and shall have
and exercise such other powers as conservators of the peace,
88 the city council may prescribe.
§ 27. Nothing in tins act contained shall be so construed
as to deprive the city council of said city of any powers or
authority conferred upon the same by the act incorporating
said city and the variuus acts amendatory thereto, but the
city council shall possess and enjoy all the powers and au-
thority heretofore c<jnferred upon the same, except so far
as such powers and authority are expressly modified or
repealed by this act or the acts heretofore mentioned.
Digest of ordi- § 28. There shall be a digest of the ordinances of the
■ nances. citj, which are of a general nature, published within one
year after the passage of this act, and a like digest within
every period of live years thereafter.
Determined by § 29. 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. The president and
trustees of the town of Mendota shall cause an election to
be held in said town on the first Monday in March next, at
which the inhabitants residing within the tenitury de-
scribed in this act, who are authorized to vote for state
officers, shall vote for or against the adoption of this charter,
and if a majority of the votes given at such election shall be
in favor of the adoption of said charter, said charter sfiall
immediately take effect and be in force as a law, but if a
majority of the votes given be against its adoption then this
act to be of no effect.
Approved February 22, 1867.
vote.
In force Feb. AN ACT to amend "An act granting a new charter to the city of Belle-
22, 1867. vilie, and to reduce the several acts incorporating said city into one act."
Be it enacted by the People of the State of Illinois^
represented in the General Assembly, as follows:
ARTICLE I.
Section 1. That the city of Belleville shall comprehend
all that district of territory embraced within the following
Limits. limits, to- wit: Extending one and a half miles from north
to south, and one and one-quarter miles from east to west;
CITIES. 531
extending north, east and south three-qnarters of a mile,
from a line drawa through the center of Main and Illinois
streets of the town (now city) of Belleville, as recorded, and
west one-half mile i'rvm said center line of Illinois street.
Andtlie city council shall have the power to enlarge the|boun- Boundaries,
daries of tlie city, by ordinance, to any extent, not exceeding
one-half of a mile south, east and north and west to any ex-
tent, not exceeding one mile: Provided^ however^ that the
incorporated town of west Belleville shall not be annexed Determined by
to the city of Belleville, without the consent of a majority of ^'^^^'
the voters of the town of west Belleville, to be ascertained
by an election to be held for that purpose.
§ 2. The inhabitants of said city shall be a corporation Name and style
by the name of " The City of Belleville," and by that name
shall have perpetual succession, sue and be sued, and com- Powers,
plain and defend in any court; may make and use a com-
mon seal, and alter and change the same 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 benefit of the city.
§ 3. The city of Belleville shall be divided into four wards,
wards, the boundaries of which shall be fixed by the city
council, and shall be, by the city council, changed from
time to time, as they shall see tit, having regard to the
number of inhabitants, so that each ward shall contain, as
near as may be, the same number of inhabitants.
The city council may create additional wards, as occa-
sion may require, and fix the boundaries thereof.
ARTICLE II.
OFFICERS THEIR ELECTION AND APPOINTMEXT.
§ 1. The municipal government of the city shall consist Government,
of a city council, to be composed of the ma.>or and two al-
dermen from each ward. The other officers of the corpora-
tion shall be as follows : A city register, a city marshal, a Officers,
cifry treasurer, a city attorney, a city assessor, a city collector,
a city surveyor and engineer, a city weigher and market
master, and a C'ty street inspector, who, in addition to the
duties prescribed by this act, shall perform such other duties
as may be prescribed by ordinance. There shall also be
such other officers, servants and agents of the corporation
as may be provided by ordinance. All officers to be ap-
pointed by the city council, unless otherwise provided by
ordinance, and to perform such duties as may be prescribed
by ordinance; Provided^ that the city council may consoli- consolidation
date two or more offices in one person, as they may deem °^''^'®'*-
best for the city.
§ 2. All officers elected or appointed under this act. Term or office,
except the mayor and aldeimen, shall bold their offices for one
532
Mayor.
Aldermen,
Absence
vacations.
Procedure in
case of no quO'
rum.
year, and until the election or appointment and qualification
of their successors, respectively. All otticers appointed by
the city council, shall be appointed on the first Monday in
May, except the city assessor, who shall be appointed on
the first Monday in January, in each year, or as soon there-
after as may be. All olficer elected or appointed to fill vacan-
cies, shall hold for the unexpired term only, and until the
election or appointment and qualification of their successors.
§ 3. The chief executive olficer of the city shall be a
mayor, who shall be elected by tlie qualified voters of the
city, and hold his oflice for two years, and until his succes-
sor shall be elected and qualified. Re shall be a bona fide
freeholder, and resident of said city.
§ 4. The several wards in the city shall be respectively
represented in the common council, by two aldermen, who
shall be bona fide freeholders, and residents thereof, and
who shall, except as herein otherwise provided, hold their
offices respectively, for two years trom and after the first
Monday in May next succeeding: their election. They shall
be divided into two classes. Each class consisting of one
alderman from each ward. The seats of the first class shall
be vacated at the end of the first year, and of the second
class at the expiration of the second year, so that one alder-
man from each ward may be annually elected. In all cases
where two aldermen are to be chosen from the same ward,
at any annual election, the alderman having the highest
number of votes, shall be declared elected fur two years,
and the candidate having the next highest number of votes,
for one year ; and in case of the two successful candidates hav -
ing an equal number of votes, the term of service to which
they shall be respectively entitled, shall be determined by
the casting of lots in the presence of the city council, and
the result shall be entered upon their proceedings. If any
alderman shall remove from the ward represented by him, or
shall engage or continue in any service, business or employ-
a^id ment, causing a continuous absence from the city for more
than two months, his office shall thereby become vacant.
§ 5. If from any cause there shall not be a quorum of
aldermen, the register shall appoint the time and place of
holding a special election to fill such vacancies, and to
appoint judges if necessary. Any alderman or officer
elected or appointed to any office may be removed from
such office by a vote of two-thirds of all the aldermen
authorized to be elected, but no alderman or officer shall be
removed, except for good cause, nor unless first furnished
with the charges against him, and heard in his detense.
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 proceed within ten
days, to hear and determine the merits of the case, and if
such officer shall neglect to appear and answer to such
CITIES. 533
charges, then the city conncil may dechire the office vacant:
Provided^ the mayor may suspend such officer or alderman
nntil the disjjosition of tiie charges.
§ 6. AVbenever any vacancy shall occur in the office of Vacancies,
mayor or alderman, such vacancy shall be tilled by a new-
election, and the city council shall order a special election
within ten days after the happening of such vacancy. Any
vacancy occurring in any other office, may be tilled by
appointment of the city council, but no special election sl^all
be held to till vacancies, if more than nine months of the
year have expired.
§ T. All citizens of the United States, qualified to QuaiificHtioDs
vote at any election held under this act, shall be qualified
to hold any office created by this act, but no person shall be
eligible to any office under this or any other act, in relation
to said city, who is now or may hereafter be a defaulter to
said city, or to the state of Illinois, or to any other city or
county thereof; and any person shall be considered a
defaulter who has refused or neglected, or may hereafter
refuse or neglect, for thirty days after demand made, to
account for and pay over to the party authorized to receive
the same, any public money which may have come into his
possession ; and if any person holding any such office, or
place within this city, shall become a defaulter, whilst in
office, the <^ttice or place shall thereupon become vacant.
§ 8. When two or more candidates for any elective Ties,
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 III.
OF ELECTIONS.
§ 1. A general election of all the officers of the corpo- Elections.
ration, required to be elected by this act, or any ordinance
of the city, shall be held in each of the wards of the city,
on the third Tuesday of April in each year, at such places as
the city council may appoint, and of which ten days' previ-
ous public notice shall be given, by written or printed
notices, in three public places in each ward, or by publica-
tion in the newspapers publishing the ordinances of the city,
by the city register.
§ 2. The manner of conducting and voting at the elec- Management of
tious held under this act, and contesting the same, the keep- eiectwns?^
ing of the poll lists, canvassing of the votes and certifying
the returns, shall be the same, as nearly as may be, as is
now or may hereatter be provided by law at general state
elections: Provided, t\\e city council shall have power to
regulate elections and the appointment of the judges thereof.
The voting shall be by ballot, and the judges of the election
shall take the same oath, and shall have the same power
534: CITIES.
and authority, as the judges of general elections. After
the closing of the polls the ballots shall be counted, in the
manner provided by law, and the returns shall be returned,
sealed to the city register, within three days after the elec-
tion ; and thereupon, the city cjuncil sliali meet and canvass
the same, and declare the result of the election. The per-
sons having the highest number of votes for any office, shall
be declared elected. It shall be the duty of the city regis-
ter^ to notify all persons elected or appointed to office, of
their election or appointment, and unless such person shall
qualify within twenty days thereafter, the office shall become
vacant.
Who may vote. § 3. jNo person shall be entitled to vote at any election
in said city, who has not been a citizen of the state of Illinois
for at least one year, and of said city, for at least six months,
and of the ward in which he proposes to vote, for ten days
next preceding such election, and if required by any judae
or qualilied voter, he shall take the following oath before he
shall be permitted to vote. ''I swear (or affirm) that I am
of the age of twenty-one years, and have been a resident of
this state one year, a resident of this city six months,
and a resident of this ward ten days immediately preceding
this election." Provided^ that the voter shall be deemed a
resident in the ward in which he is accustomed to lodge.
Places of hold- § 4. No election shall be held in any grocery or beer
ingeecions. j^Q^^gg^ oj. Q^her placc whcrc intoxicating liquors are vended
by retail.
Voters not to be ft 5 ^hg persous entitled to vote at any election held
arrested on " r ■ . .1 • 1 •
ciFii process, uudcr this act, sliall not be arrested on civil process within
said city, upon the day on which said election is held, and
all persons illegally voting at any election held under this
act, or the ordinances of the city in pursuance thereof, shall
be punishable according to the laws of the state.
ARTICLE IV.
POWERS AND DUTIES OF OFFICERS.
§ 1. Every person chosen or appointed to any executive,
judicial or administrative office, under this act, shall before
he enters upon the discharge of the duties of his office, take
and subscribe the oath of office prescribed in the constitu-
tion of this state, and file the same, duly certified, by the
officer before whom it was taken, with the city register.
Oath of msiyor § 2. The mayor shall, before he enters upon the duties
aud duties. ^^^ ^^jg office ill addition to the usual oath, swear or affirm,
"that he will devote so much of his time to the duties ot his
office, as an efficient and faithful discharge thereof, may
require." He sliall 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, res])ected and
observed within this city, and that all other officers of the
ion
lapers
CITIES. 535
city discharge their respective duties ; and he shall cause
neghgence and positive violation of duty to be prosecuted
arid punished. He shall from time to time, give the city
council such information and recommend sucii measures,
as he may deem advantageous to the city.
§ 3. lie is hereby authorized to call on any and all male inhabitants to
inhabitants of the city or county, over the age of eighteen eiug iaws^^^'^'^'
years, to aid in enforcing the laws of the state or the or-
dinances of the city, and in case of riot to call out the
militia to aid in suppressing the same or carrying into' ef-
fect any law or ordinance ; and any person who shall not
obey such call shall forfeit to said ciry aline of not less than
five dollars.
§ i. He shall have power, whenever he ma^, ieem it ne- An exwbit
cessary, to require of an^^ of the officers of ttie city an booir"'^ '
exhibit of all his books and papers, and he shall have power
to execute all acts that may be required of him by this act *
or any ordinance made in pursuance thereof.
§ 5. He shall be liable to indictment in the circuit court penalties.
of Saint Clair county for palpable omission of duty, willful
oppression, malconduct or partiality in the discharge of the
duties of his office, and, upon conviction, shall be subject to
a tine not exceeding one hundred dollars ; and the court
shall have power, upon recoujmendation of the jury, to add
as part of the judgment, that he may be removed from
office.
g 6. Every ordinance or resolution which shall have been Approval of otd-
passed by the city council shall, before it becomes a law, be '"**"°®'*'
presented to the mayor for his approval. If he approves
he shall sign it; if not, he shall return it, with his objec-
tions, to the board, which ol)jections shall be entered at
large on the journal, and the bill reconsidered. If,
after such reconsideration, two-thirds of all the members
elected to the board, shall agiee to pass the same, it shall
become a law. In all cases the votes shall betaken by yeas Manner of
and nays, and entered on the journal of the board ; if any bill ^°"*^^-
shall not be returned by the mayor, as aforesaid, at the same
meeting of said council which passed said bill, the same
shall become a law in the same manner as if he had approved
and signed it.
§ 7. In case of vacancy in the office of mayor, or his vacancy,
being unable to perform the duties of his 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 official designation shall be, "actino-
mayor," and the alderman so appointed shall be vested
with all the powers and perform all the duties of mayor, but
shall lose his vote as alderman, until the may ^r shall resume
his office, or the vacancy be filled by a new election.
§ 8. The me;nbers of the city council shall l)e, ex officio, ^'S^ toTS
fire wardens and conservators of the peace within the city, officio fire war.
536
and shall be exempt from jury duty during their term of
office.
Register. § 9. The register shall keep the corporate seal and all
papers and books of the city not properly belonghig to any
other office. He shall attend all meetings of the city coun-
cil, and keep a full record of their proceedings on the
journals ; and copies of all papers duly tiled in his office,
and transcripts from the journal of the proceedings ot the
city council, certitied by him under the corporate 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 accurate ac-
count thereof in a book provided for that purpose. He
shall also keep an accurate account of all receipts and ex-
penditures in such manner as the city council may direct ;
and he shall have power to administer any oath required to
• be taken by this act.
Attorney. § 10. It shall be the duty of the city attorney to perform
all professional services incident to his office, and, when re-
quired, to furnish written opinions upon questions and sub-
jects submitted to him by the mayor or the city council, or
its committees.
Treasiirer. g n Xhe city treasurer shall receive all moneys belong-
ing to the city, and shall keep an accurate account of all
receipts and expenditures, in such manner as the city coun-
cil shall direct. All- moneys shall be drawn from the
treasury, in pursuance of an order of the city council, by a
treasury warrant, signed by the mayor or the presidinii- officer
of the city council, and be c<juntersigned by the register.
Such warrants sliall specify for what purpose the amount
therein named is to be paid. The treasurer shall 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
treasury, which account shall be filed in the office of the
register.
Marshal. § 12, The city marshal shall perform such duties as shall
be prescribed by the city council for the preservation of the
public peace, the collection of license moneys, tines, or
otherwise. He shall possess the power and authority of a
constable at common law, and under the statutes of this
state, and receive like fees, but shall not serve civil process,
Bonds. without tirst entering into bond, as such constable, to be
approved by the county court, as in other cases. He shall
Processes. exccute and return all process issued by any proper officer
under this act or any ordinance in pursuance thereof.
Engineer. § 13. The city engineer or surveyor shall have the sole
power, under the direction 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
CITIES. 537
emoluments for his services as the city council, shall direct
and prescribe. He shall possess the same power in making
pkits and surveys within the city as is ^iven by law to
county surveyors, and tlie like effect and validity shall be
given' to his acts, and to all plats and surveys made by him,
as are or may be gi^'en by law to the acts, plats and surveys
of the county surveyor. lie shall, when required, superin-
tend the con.strnctidn of all put)lic works ordered by the
city, make out the plans and estimates thereof, and contract
fur the execution of the same. He shall perform all sur-
veying and engineering ordered by the city council, and
shall, under tlieir direction, establish the grades and boun-
daries of streets and alleys ; but such plans, estimates and
contracts, grades and boundaries, shall be first reported to
the city council, and approved by them, or they shall not be
valid.
§ 11. The assessor shall perform all duties in relation to Assessor.
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 same 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.
§ 15. The collector shall collect all taxes and assessments
which may be levied by the city council, and perform such
other duties as may be herein prescribed or ordained by the
city council.
I 16. The weigher shall attend to the public scales for weigiier.
which he is appointed, and weigh every load of hay, stone-
coal, or other thing which may be presented to be weighed,
and give the person presenting the same a certificate of the
net weight thereof, and perform such other duties in the
measurement of wood and other things, as may be re-
quired of him by ordinance or resolution.
§ 17. The market master shall have the direction and Market master.
management of the market house and market place, and
shall do and perform such acts and duties as may be re-
quired by him by ordinance or resolution.
§ 18. The street inspector shall superintend all local im- street inspector
provements in the city and carry into effect all orders of the
city council in relation thereto. It shall also be his duty to
superintend and supervise the opening of streets and alleys
and the grading, improving and repairing thereof and the
construction and repairing of bridges, culverts and sewers ;
to order the laying, relaying and repairing of sidewalks ; to
give notice to owners of property adjoining such side-
walks, when required, and upon the failure of any person
to comply with such notice, to cause the same to be laid, re-
laid or repaired, and ap[tortion the cost thereof among the
persons or lots properly chargeable therewith, and deliver
Vol. 1—42
638 CITIES.
the account thereof to the city register, to be laid before
the city council ; to make plans and estimates of any work
ordered in relation to streets and alleys, bridges, culverts or
sewers ; to keep full and accurate accounts in appropriate
books of all appropriations made for work pertaining to his
office, and of all disbursements thereof, specifying to whom
made and on what account, and he shall render monthly
accounts thereof to the city council.
Council. § 1^. The city council shall have powder, from time to
time, to require further and other duties of all officers
whose duties are herein prescribed, and prescribe the pow-
ers and duties of all othcers elected or appointed to any
office under this act, whose duties are not herein speci-
tied, and fix their compensation. They shall also re-
require all officers, severally, before they enter upon the
duties of their respective offices to execute a bond to the
city of Belleville in such sum and with such securities as
they may approve, conditioned that they shall faithfully ex-
ecute the duties of their respective offices and account for
and pay over and deliver all moneys and other property
received by them; which bond, with the approval of the city
council certified thereon by the register, shall be filed in his
office, except the bond of the register, which shall be in the
keeping of the mayor.
Surrender of g 20, If any pcrson, having been an officer of said city,
booksretc?,^ u)' shall not, within ten days after notification and request, de-
offlcr^**" '° liver to his successor in office all the property, books, papers
and effects of every description, in his possession, belong-
ing to the city or appertaining to his said office, he shall
forfeit and pay for the use of the city, fifty dollars, besides
all damages caused by his refusal or neglect so to deli vei ; and
such successor may recover possession of the books, papers
and effects belonging to his office, in the manner prescribed
by the laws of this state.
offiners, how § 21. The officcrs elected or appointed under this act
coinmisMoned. g^^^^j j^^ commissioned by warrants, under the corporate seal,
signed by the mayor or presiding officer of the city council
and register.
ARTICLE V,
OF THE LEGISLATIVE POWER OF THE CITY COUNCIL ITS GENERAL POWERS AND DUTIES.
^ment ^°^^"' § 1- The mayor and aldermen shall constitute the city
council of the city. The city council shall meet at such
time and place as they shall, by resolution direct. The
mayor, when present, shall preside at all meetings of the
city council, and shall have only a casting vote ; in his ab-
sence any one of the aldermen may be appointed to preside.
A mai(»rity of the aldermen elected shall constitute a quo-
rum ; hilt a less numi)or may meet and adjourn from day to
CITIES. 539
day. and compel the attendance of absent members, im-
posing such penalties for non-attendance as they may deem
advisable.
S 2. The salary of the mayor shall not be more than salary of i
eight hundred dollars per annum, and no alderman shall
receive more than two hundred dollars per annum for any
services rendered by him as a member of the city conncil,
14 o member of llie city council shall be competent to hold
any office, of which the emoluments are paid from the city
treasury, or paid by fees directed to be paid by any act or
ordinance of the city council, or appointed to any office
under the authority of the city, which shall have been cre-
ated, or the emoluments of which shall have been increased
during the term for which he shall have been elected, or be
allowed to vote in any matter in which he is directly in-
terested, personally or pecuniarily.
§ 3. The city council shall hold twelve stated meetings (one Meetings of the
in each m.onth) during the year, and the mayor or any two °"^ ^^oi^cii.
aldermen may call special meetings by notice to each of
the members 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 rules of their own proceedings and be the judges of the
election and qualihcation of their own members and shall
have power to compel the attendance of absent members.
§ 4. The city council shall have control of the finances Finances and
and of all property, real, personal and mixed, belong- ^'^°^^'^^'
ing to the corporation and shall likewise have power within
the jurisdiction of the city by ordinance —
/'ifst. — To borrow money on the credit of the city, and indebtedness,
issue the bonds of the city therefor, and to recall and with-
draw from circulation any of the matured city bonds for
city indebtedness for the purpose of paying the same, or
to have new bonds re-issned to those who are legally
entitled to them ; but no sum of money shall be bor-
rowed at a higher rate of interest than the rate allowed
by law, nor shall a greater sum or sums be borrowed,
or at any time outstanding, the interest upon the ag-
gregate of which shall exceed the one-half of the city
revenue arising from the ordinaiy taxes within the city for
the year immediately preceding, and no bonds shall be
issued or negotiated at less than par value. The appropri-
ations of the city council for the payment of interest for im-
provements and for city expenses during any one fiscal year
shall not exceed the amount of the whole ordinary revenue
of the city for the fiscal year immediately preceding; but
the city council may apply any surplus money in the trea-
sury to the extinguishment of the city debt or to the crea-
tion of a sinking fund for that purpose or to the contingent
fund for the contingent expenses of the city.
SeG07id. — To appropriate money and to provide for the Appropriations.
payment of the debts and expenses of the city.
540
CITIES.
Sanitary regula
tions.
Hospitals.
Nuisances.
Water and wells
Streets, alleys
and highways.
Bridges, drains.
Lights and
lamps.
PuV)lic grounds
{infl cemete-
ries.
Third. — To make regulations to prevent the introduction
of contagious diseases iuto the city, to make quarantine
laws tor that purpttse, and to enforce them within the city,
and within live miles thereof.
Fourth. — To erect and establish one or more hospitals
or dispensaries and contr(»l a. id reguhite the same.
Fifth. — To make regulations to secure the general health
and comfort of the inhabitants, to prevent and abate and
remove nuisances, and punish the authors thereof by penal-
ties, tines and imprisonments; to define and declare what
shall be deemed nuisances, and authorize and direct sum-
mary abatement thereof:
ISixth. — To provide the city with water ; to make, regu-
late and establish public wells, pumps and cisterns, hy-
drants and reservoirs in the streets within the city or
beyond the limits thereof, for the extinguishment of tires
and the convenience of the inhabitants, and to prevent the
unnecessary waste of water.
Stventh. — To have the exclusivecontrol and powerover the
streets, alleys and highways of the city and to abate and
remove any encroachments or obstructions thereon ; to
open, alter, abolish, widen, extend, straighten, establish,
regulate, grade, clean, or otherwise improve the same ; to
put drains and sewers therein, and prevent the encumbering
thereof in any manner, and protect the same from any en-
croachment or injury.
Fighth. — To establish, erect, construct, regulate and
keep in repair bridges, culverts and sewers, sidewalks and
crossways, and regulate the construction and use of the
sauje, and to abate any obstructions or encroachments
thereof; lo establish, alter, change and straighten the chan-
nels of the water courses and natural drains ; to sewer the
same or wall them up and cover them over, and to prevent,
regulate and control the tilling np, altering or changing the
channels thereof by private persons.
Ninth. — To provide for lighting the streets and erect-
ing lamp posts and lamps therein, and regulate the lighting
thereof, and from time to time create, alter or extend lamp
districts ; to exclusively regulate, direct and control the lay-
ing and repairing of gas pipes and gas lixturesin the streets,
alleys and sidewalks.
teiilh. — To e^tabli8h and erect markets and market
houses and other public buildii'gs of the city, and provide
for the government and regulation thereof, and their erec-
tion and h)cation, and to authorize their erection in the
streets and avenues of the city, and the continuation of such
as are a'ready erected within the same.
Fleventh. — To provide tor the incU)sing, regulating and
improving all public grounds and cemeteries belonging to the
cii"/, and to direct and regulate the planting and preserv-
in-y of ornamental and shade trees in the streets and
CITIES. 641
public orrounds; to regulate cemeteries and burying grounds
witliin two miles of the city, and to punish by tines, penalties
and imprisonments all persons who shall trespass upon ur
desecrate the same, or violate the provisions of any ordin-
ance in relation thereto, in the same manner as if the of-
fence were committed within the city.
Ixoelf.h. — To prevent the encumbering of the streets, Encumbrancei.
alleys, sidewalks or public grounds with carriages, way;ons,
carts, wheel-barrows, boxes, lumber, timber, lire wood,
posts, awnings, signs, or any other substance or material
whatever; to compel all persons to keep the snow, ice, dirt
and other rubbish from the sidewalks and street gutters in
front of the premises occupied by them.
Thirteenth. — To license, tax and regulate merchants retail- Merchants and
. . 1-1 ® I 1 ■ ■ inn-keepers.
ers, commission merchants, inn keepers, bankers, savings in-
stitutions, insurance companies, brokers, money changers, ,
insurance brokers and auctioneers, and to impose duties
upon the sales of goods at auction ; to license, tax, reguliite,
suppress and prohibit hawkers, peddlers, pawnbrokeis, gro-
cery-keepers and keepers of ordinaries, theatrical or other ex-
hibitions, shows and amusements
fourteenth. — To license, tax, regulate and suppress hack- Hawkers, etc.
men, draymen, omnibus diivers, porters and ail others
pursuing like occupations, with or without vehicles, and
prescribe their compensation, and to regulate and restrain
runnei-s for stages, cars and public houses.
Fifteenth. — To license, tax, and regulate bilhard tables. Gaming, etc.
pi2;eou holes, bagatelle tables, Jenny Lind tables, ten pin
alley's and ball allejs; to suppress and restrain disorderly
houses, tippling shops and bawdy houses, gaming and gam-
bling houses, lotteries and all fiaudulent devices and prac-
tices, and of all playing of cards, dice and other games of
chance, with or without betting, and to auth<irize the de-
struction of all instruments and devices used for the pur-
pose of gaming.
Sixtetnth. — To authorize the proper officer of the city to issuing licena*.
grant and issue licenses, and to direct the manner of issuing
and registering thereof, and ihe fees and charges to be paid
therefor. No licence shall be granted for more than one
year, and not less than three dollars nor more than live
hundred dollars shall be charged lor any license under this
act, and tlie fees, for issuing the same, shall not exceed one
dollar, but no license for the sale of wines or otht-r liquors,
ardent or vimuis, fermented or malt, at wholesale or retail,
by grocery kee])ers, inn keepers, or others, shall be issued
for less than tit'ty dollars per year.
Seventeenth. — To restrain, regulate and prohibit the sell- Liquors, etc.
ing or giving away of any intoxicating or malt liquors by
any person within the city, or within a half a mile of the
boundary of the city excepting those who are in the town
of west Belleville, except by persons duly licensed by the
542 CITIES.
^ty ; to forbid and punish the selh'ng or giving away any in-
toxicating or malt h'quor to any minor, or apprentice, with-
out the consent ot the parent, guardian, master or mistress.
Eighteenth. — To prevent, restrain and punish forestalling
and regrating; to regulate the inspection and vending of
fresh meats, poultry and vegetables, of butter, lard and
other provisions, and the place and manner of selling fish-
and inspecting the same.
Weights and Nineteenth. — To establish standard weights and measures,
measures. and regulate the weights and measures to be used M^thin
the city, in all cases not otherwise provided by law ; to
require all traders or dealers in merchandise or property of
any dercription, which is sold by measure or weight, to
cause their measures and weights to be tested and sealed by
the city weigher or other person appointed by the city
council, and to be subject to his inspection. The standard
of such weights and measures shall be conformable to those
Butchers. established by law or ordinance.
Twentieth. — To regulate, license and prohibit butchers,
and to revoke their licenses for malconduct in the course of
Lumber. trade.
Twenty-fird. — To regulate and provide for the inspecting
and measuring of lumber, shingles, timber, posts, staves,
heading and all kinds of building materials, and tor the
measuring of all kinds of mechanical work, and to appoint
Forage and fuel. ^"^^ 01" niore inspcctors and measurers.
Twenty -second. — To provide for the inspection and weigh-
ing of hay, lime and stone coal, and the place and manner
of selling the same; to regulate the measurement ot fire
wood, charcoal and other fuel, to be sold or used within the
Weighers and city, and the place and manner of selling the same,
gaugers. 'Twenty -third. — To regulate the inspection of beef, pork,
flour, meal, salt and other provisions, malt, whisky and other
liquors 'o be sold in barrels, hogsheads and other vessels or
packages j to appoint weighers, gaugers and inspectors, and
prescribe their duties and regulate their fees : Provided^
that nothing herein shall be so construed as to require the
inspection of any articles enumerated herein, wliich are
to be shipped beyond the limits of the state, except at the
Bread. rcquest of the owner thereof or his agent.
Twenty -fourth. — To regulate the weight and quality of
Wagons, trains, ^rcad to be used or sold within the city.^
etc. ' ' Twenty-jifth. — To direct, license and control all wagons
and trains conveying heavy loads within the city, and pre-
Bricks. scribe the width of the rim and the tire of the same.
Twenty-sixth. — To regulate the size and quality of bricks
to be sold or used within the city, and the inspectictu
Police. thereof.
Twenty-seventh. — To create, establif^h and regulate the
police of the city ; to appoint watchmen and policemen,
and prescribe their duties and powers.
CITIES. 543
Twenty-eighth. — To prevent and suppress any riot, rout, Riots and af-
aflVay, noise, disturbance or disorderly assembly, in any ''^''^^'
public or private house within the city.
Twenty-ninth. — To prohibit, prevent and suppress horse R,,ii„jr and
racing, immoderate riding or driving in the streets, and to *i"ving.
authorize persons immoderately riding or driving, as afore-
said, to be stopped by any person ; to prohibit and punish
the abuse of animals; to compel persons to fasten their
horses or other animals, attached to vehicles or otherwise,
while standing or remaining in the streets, or other public
places or uninclosed grounds in the city.
Thirtieth. — To restrain and punish vagrants, mendicants. Vagrants,
street beggars and prostitutes.
Thirty -jirst. — To regulate, restrain or prohibit the run- Ammaia at large
ning at large of horses, mules, jackasses or jinnies, cattle,
swine, sheep, goats and geese, and to authorize the distrain-
ing, impounding and sale of the same, for the costs of the
proceedings and the penalty incurred, and to impose penal-
ties on the owners thereof, for a violation of any ordinance
in relation thereto ; to regulate, restrain and prohibit the
running at large of dogs, and to authorize their destruc
tion, when at large contrary to ordinance, and to impose
penalties on the owners or keepers thereof.
Thirty-second. — To prohibit and restrain the firing or dis- Fire arms,
charging of cannon, guns and other fire arms and air
guns ; to prohibit and restrain the rolling of hoops, Rolling hoops,
fij-ing of kites or any other amusements or practices bl^o wfng hw-ns,'
tending to annoy persons passing on the streets or ^"^•
to frighten horses or teams ; to restrain and prohib-
it the ringing of bells, blowing of horns or bugles,
crying of goods and all other noises, pertormances and
practices tending to the collection of persons r>n the streets
or sidewalks by auctioneers and others for the purpose of
business, amusement or otherwise.
Thirty thrd. — To abate all nuisances which may injure Nuisance-s.
or afi'ect the public health or comfort in any manner they
may deem expedient.
Thirty-fourth. — To do all acts and make all regulations Hsaith.
which may be necessary or expedient for the promotion ot
health and the suppression of disease.
Thirty-fifth. — To compel the owner or occupant of any offensive estab-
grocery, cellar, soap or tallow-chandlery or blacksmith shops, ''shmente.
taimery, stables, privy, sewer or other unwholesome or
nauseous house or place ; to cleanse, remove or abate the
same as may be necessary for the health, comfort and con-
venience of the inhabitants.
Thirty-sixth. — To direct the location and regulate the Distu'eries, tan-
management and construction of breweries, tanneries, black- "®'''®*' ^*''-
smith shops, founderies, livery stables and packing houses;
to direct the location and regulate the management and
construction of, and restrain, abate and prohibit within the
6 44
Cemeteries.
city and to the distance of one mile from the limits thereof,
distilleries, sliiUii;literiiig establishments, establishments for
Bteaniintr or rendering lard, taliuw, offal and such other sub-
stancfs as may be rendered, and all other establishments
or places where any nauseous, offensive or unwholesome
business ma}^ be carried on.
Thirty-seventh. — To regulate the burial of the dead; to
establish and regulate one or mi)re cemeteries ; to regulate
the registration of births and deaths; to direct the returning
and keeping of bills of mortality and to impose penalties
on physicians and sextons and others for any default in the
premises.
Thirty eighth. — To provide for the taking an enumera-
tion of the itdiabitants of the city.
Thirty-ninth. — To erect and establish a work-house or
house of correction, nirdceall necessary regulations therefor,
and appoint all necessary keepers and assistants in^ucti
work-house or house of correction may be confined all va-
grants, stragglers, idle and disorderly persons who may be
committed thereto by any proper officer, and persons sen-
tenced by any criminal court or magistrate in and for the
city or for the county of Saint Clair for any assault and
battery, petit larceny, or other misdemeanor punishable by
imprisonment in any county jail ; and any person who shall
fail or neglect to pay any hne, penalty or costs imposed by
any ordinance of the city for any misdemeanor or breach of
any ordinance of the city may, instead of being committed
to the county jail of Saint Clair county be kept therein sub-
ject to labor and conhnement.
tortitth. — To authorize and direct the taking up and
providing for the safe keeping and education foi- such pe-
riods of time as may be deemed expedient, of all children
who are destitute of proper parental care, wandering about
the streets, committing miscliief and growing up in mendi-
cancy, ignorance, idleness and vice,
T^orty first. — To fill up, drain, cleanse, alter, relay, repair
and regulate any grounds, lots, yards, cellars, private drains,
sinks and privies, direct and regulate their construction and
cause the expenses thereof to be assessed and collected in
the same manner as sidewalk assessments.
Raiiroa-uracka, Forty second.—To direct and control the laying and cou-
bridges, etc. gt^nction of railroad tracks, 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,
turnouts and switches shall be so constructed and laid as to
interfere as little as possible with the ordinary travel and
use of the streets and alleys, and that sufficient 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 wiiich
their tracks may run, and to construct and keep in repair
Dpstitute ehil-
Lots, lands,
drains, etc
CITIES. 545
suitable crossings at the intersections of streets and alleys
a:id ditches, sewers and culverts wheli the city council may
deem necessary ; to direct and prohibit the use and regulate
the speed of locomotives, engines and cars, connected or de- speed of loco-
tached, within the boundaries of the city, and to prescribe "^''"^®^-
and regulate the mode of crossing streets by locomotives
and railroad trains ; to prohibit and restrain railroad compa-
nies from doing storage or warehouse business or collecting
pay for storage.
Forty-third. — The city council sBall have power to pass. Repeal of ordi-
publish, amend and repeal all ordinances, rules and police
regulations not contrary to the constitution of the United
States or of this state, for the good government, peace and
ordei 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 officer thereof; to enforce the observance
of all such rules, ordinances and police regulations, and to
punish violations thereof by fines, penalties and imprison-
ment 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 imprisonment six months for
any offence, and such fine or penalty may be recovered with
costs, in an action of debt in the name or for the use of the
city, before any court having jurisdiction, and punishment
inti.icted ; and any person upon whom any fine or penalty
is imposed, shall stand committed until the payment ot the
same and costs, and in default thereof may be imprisoned
in the county jail, city prison or work-house, or required to
labor on the streets or otter public works of the city for
such time and in such manner as may be provided by
ordinance.
Forty-fourth. — To regulate and license all the groceries Groceries and
and beer-houses, shows, menageries and other exhibitions, ^^'^^^'"lans.
within half a mile of the established boundaries of the city,
excepting those within the limits of the town of west Belle-
ville.
Forty fifth. — To tax, regulate and license persons who Temporary es-
may set up temporary establishments for the sale or the tabushments
disposing of goods, wares or merchandise, whether by auc-
tion or otherwise ; to prohibit such sales without license,
and require security for the payment thereof.
Fortysixih. — To tax, regulate and license all non-resi- Corporations.
dent persons, co-partnerships or bodies corporate who sell
or offer to sell, any goods, wares or merchandise, or articles
of commerce or trade within the city of Belleville, by sam-
ple, excepting farmers' products.
Yol. 1—43
^4r6 GITIE3.
ARTICLE VI.
OF TAXATION.
§ 1. The city council shall have power within the city
by ordinance —
Contingent ex- Fivst. — To levy and collect annually taxes not exceeding
penses. scveii mills to the dollar on all assessed value of real and
personal estate and property within the city, and all per-
sonal property of the inhabitants thereof made taxable by
the laws of tlie state for state purposes, to defray the gen-
eral and contingent expenses of the city not herein other-
wise provided for, which taxes shall constitute the general
fund.
Interest on the 8econd. — To Icvy and collect taxes not exceeding five
city debt. mills to the dollar, per annum, on all properry subject to
taxation, to meet the interest accruing on the debt of the
city ; and the city council shall pass no ordinance or resolu-
tion incurring or creating a debt without at the same time
making provisions for the levying a tax sufficient to meet
the payment of the interest accruing thereon when payable.
Lamps and Third. — Also, to Icvy and collect upon all property in such
light. districts as they shall, from time to time create, a tax suffi-
cient to defray one-half of the expenses of erecting lamp
posts and lamps, and lighting the streets in such districts,
and the tax thus collected shall be exclusively expended for
such purposes in the districts paying the same.
ARTICLE VII.
OF ASSESSMENTS FOR OPENING STREETS AND ALLEYS.
Consent of pro- § 1- The City couucil shall htH-e j)Ower to open and lay
peity holders. Qy^i public grouuds or squares, streets, alleys and highways,
and to alter, widen, contract, straighten and discontinue the
same, but no street, alley or highway, or any part thereof,
shall be disct)ntinued or contracted without the consent, in
writing, of all persons owning land or lots adjoining said
streets, alley and liighway. They 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 register, showing accurately and
particularly the proposed improvements, and the real estate
required to be taken, and the same, when opened and made,
shall be public highways, and public squares.
^ToTdsof.*^ § 2. Whenever any street, alley or highway, public
ground or square, is proposed to be laid out, opened, altered,
widened or straightened, by virtue hereof, and the amount
of comj)ensation can not be agreed upon, the city council
shall give notice of their intention to ajtpropriato and take
the land necessary for the same, to the owner thereof, by
publishing said notice for ten days, in the neus])aper pub-
lishing the ordinances of the city ; at the expiration of
CITIES. 547
which time they shall choose, by ballot, three disinterested
freeholders, residing in the city, as commissioners, to ascer-
tain and assess the damages and recompense due the own-
ers of said real estate, respectively; and at the same time to
determine what persons will be benefited by such improve-
ment, and assess the damages and expenses thereof, on the
real estate benetited thereby, in proportion, as nearly as may
be, to the benetits resulting to each. A majority of all the
aldermen, authorized by law to be elected, shall be neces-
sary to a choice of such commissioners.
§ 3. The commissioners shall be sworn faithfully and commissioneri'
impartially to execute their duties to the best of their abili-
ties. Before entering upon their duties, they shall give at
least live days' notice to all persons interested, of the time
and place of their meeting for the purpose of viewing the
premises and making tiieir assessments ; which notice shall
be given personally, if the owners are residents and known,
or bj publication in the newspaper publishing the ordinan-
ces of the city, if non-residents or unknown ; they shall
view the premises and, in their discretion, receive any
legal evidence, and may, if necessary, adjourn from day to
day.
§ 4. If there should be any building standing, in whole Buildings taken
or in part, upon the land to be taken, the commissioners,
before proceeding to make their assessment, shall first
estimate and determine 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.
§ 5. At least five d^i^s' notice shall be given to the Manner of giT-
owner, of such determination, when known, and a resident ^^^ notice-
of the city, which may be given personally or in writing,
left at his usual place of abode. If a non-resident, or un-
known, like notice to all persons interested shall be given
by publication in the newspaper publishing the ordinances
of the city. Such notice shall specify the building and the
award of the commissioners, and shall be signed by them.
It shall also require the persons interested to appear by a
day to be named therein, or give notice of their election to
the city council, either to accept the award of the commis-
sioners, and allow such building to be taken 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 remove such build- The removal of
ing, he shall have such reasonable time for that purpose as "' '°^**
the city council may direct.
§ 6. If the owner refuses to take the building at Bale cf buiid-
its appraised value, to remove or fails to give notice of his '°^^'
intention as aforesaid, within the time prescribed, the city
council shall have power to direct the sale of such building
5iS
Value of
estate, etc.
Lea=es and
mortgages.
Damages and
expenses.
Return of the
assessment.
at public auction, for cash or on a credit, givins: five days'
public notice of the sale. The proceeds of the sale shall be
paid to the owner or deposited, to his use.
§ 7. Tlie commissioners sinill thereupon proceed to
make their assessments and determine and appraise to the
owner, the value of the real estate appropriated, and the
injury arising from the condemnation thereof, which shall
be awarded to such owner as damages, after making due
allowance therefrom for any benetit which such owner may
derive from such improvement. In the estimate of dam-
age to the land, the commissioners shall include the value
of the building (if the property of the owner of the land,)
as estimated by them as aforesaid, less the proceeds of the
sale thereof; or if taken by the owner, at the value to
remove, in that case they shall only include the difference
between such value and the whole estimated value of such
building.
§ 8. " If the damages to any person be greater than the
benetits received, or if the benefit be greater than the darn-
ages, in either case the commissioners shall strike a balance
and carry the difierence forward to another column, so that
the assessment may show what amount is to be received or
paid by such owners, respectively, and the difierence only
shall in any case be collectable of or paid to them.
§ 9. If the lands and buildings belong to different per-
sons, or if the land be subject to lease or mortgage, the
injury done to such persons respectively, may be awarded
to them by the commissioners, less the benetit resulting to
them, respectively, from the improvement.
§ 10. Having ascertained the damages and expenses of
such improvement as aforesaid, the commissioners shall
thereupon apportion and assess the same, together with the
costs of the proceedings, upon the real estate by them deemed
benefited, in proportion to the benefit resulting from the
improvements, as nearly as may be, and shall describe the
real estate upon which their assessment may be made ;
when completed the commissioners shall sign and return
the same to the city council within forty days of their
appointment.
§ 11. The i-egister shall give ten days' notice by publi-
cation in the newspaper publishing the or-dinances of the
city, that such assessment has been returned, and on a day
to be specified thei'ein, will be confirmed by the city council
unle.-^ objections to the same are made by some person inter-
ested. Objections may be heard befoi'ethe city council, and
the hearing may be adjourned from day to day. The council
shall have power in their discretion, to confirm or annul
the assessment, or refer the same back to the commissioner's.
If annulled, all the pi-oceedings shall be void; if confirmed
an order of confirmation shall be entered, directing a wai--
rant to issue for the collection thereof. If refei'red back to
CITIES. 549
the same or other commissioners, they shall proceed to
make their assessment, and returu the same in like manner
and give like notice as herein required in relation to the
first ; and all i)arties in interest shall have the like notice and
rights, and the city council shall perform like duties and
have like powers in relation to any subsequent determination,
as are herein given in relation to the tiist,
§ 12. The city council shall have power to remove com- Removal of the
missioners, and from time to time to appoint others in place commissioners
of such as may be removed, or refuse, neglect, or are unable,
from any cause, to serve.
§ 13. The land required to be taken for the making, Payment tor
opening, widening, straightening or altering any street, ^^'^'^^"
alley or other highway, 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 sfich owner or his agent, or in case snch owner or his
agent can not be found within the city, deposited to his or
their credit in some safe 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 improvements, and such allejs, streets, or other high-
ways or public grounds, may be made and opened.
§ 14. When the whole' of any lot, parcel of land or covenants and
other premises, under lease or contract, shall be taken contracts, etc.
for any of the purposes aforesaid, by virtue of this act, all
the covenants, contracts and engagements between landlords
and tenants, or any other contracting parties touching the
same, or any part thereof, shall, upon the confirmation of the
report of the commissioners respectively, cease and be abso-
lutely discharged.
§ 15. When part only of any lot, parcel of land or Discharge of
other premises so under lease or contract, shall betaken
for any of the purposes aforesaid, by virtue of this act, all ■
the covenants, contracts, agreements and engagements
respecting the same upon the confirmation of the report of
the commissioners, shall be absolutely discharged, hs to that
part thereof, so taken ; but shall remain valid as to the resi-
due thereof, and the rents, consideration and payments re-
served, payable and to be paid for or in respect to the same
shall be so proportioned as that the part thereof, justly and
equitably payable for such residue thereof, and no more,
shall be paid or recoverble in any respect of the same.
§ 16. _ Any person interested, may appeal from any final Appeals.
order of the city council, for opening, altering, widen'iijo- or
straightening any s^-eet, alley, or other highway, or public
ground to the circuit court of St. Clair county, by notice in
writing to the mayor at any time before the expiration of
twenty days after the passage of said final order. In case
of appeal the city council shall make a return within thirty
days after notice thereof, and the court shall at the next
commissioners
550 CITIES.
term after the return tiled in the office of the clerk thereof,
hear aui determine such appeal and coniirm or annul the pro-
ceedings, from which judgment no appeal or writ of error,
shall lie. Upon the trial of appeal, all questions involved
in said proceedings including the amount of damages shall
be open to investigation by aitidavit or oral testimony adduced
to the court, or upon 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, and the burden of proof shall in all cases, be
upon the city, to show that the proceedings are in conformity
with this act.
ownprs to pay § 17. lu all cascs whcrc there is no agreement to the
ments! ^^^^'^^" contrary, the owner or landlord, and not the tenant or occu-
pant, shall be deeined the person who shall and ought to
pav and bear every assessment made for the expense of any
public improvement. Where any such assessment shall be
made upon, or paid by any person, when by agreement or
by law, the same ought to be borne or paid by any other
person, it shall be lawful for one so paying, to sue for and
recover of the person bound to pay the same, the amount
so paid with interest. Nothing herein contained shall in
any way impair or aliect any agreement between landlord and
tenant or other person, respecting the payment of such assess-
ments.
Change in pro- g 18. The city couucil may by ordinance make any
cee ings. ci^ange they may deem advisable in the proceedings here-
in prescribed for ascertaining the damages and injuries oc-
casioned to any person or real estate, by reason of the con-
demnation of such real estate, or any real estate upon
which any buildings may be situated in whole or in part ;
and the assessment of such damages and injuries upon per-
sons or real estate benetited by the improvement, and in
all such other respects as experience may suggest.
Infants. § 19- When any known owner, or other person having
an intere>^t in any real estate, residing in the city or else-
where shall be an .infant, and any proceedings shall be iiad
under this act, the judge of the circuit court of St. Clair
county, the county judge of said county, or any judge of the
supreme court may, upon the application of the city council,
or such infant, or of his next friend, appoint a guardian for
such infant, taking security from such guardian for the
faithful execution of such trust, and all notices and sum-
mouses required by this act shall be served on such guardian.
ARTICLE VIII. ^
OF IMPUOVKMENTS AND ASSKSSMENTS TJIKREFOR.
Streets and al- g 1. The city couiicil sliall liavo power from time to
^^^' time to cause any street, alley or other highway, to l)e
graded, regraded, leveled, paved or planked, and keep the
same in repair, and alter aud change the same.
CITIES. 551
Second. — To cause sidewalks and crosswalks, main drains
and sewers, and private drains, to be constructed and laid,
re-laid, cleansed and repaired, and regulate the same.
Third. — To grade, improve, protect and ornament any Public grounds.
public square or other public ground now or hereafter laid
out.
Fourth. — The city council shall have additional powers Taxes,
to assess and collect of the owners of lots or real estate on
any street or other highway, or any part thereof, in the
same manner as other city taxes, or in such manner as
may be prescribed by ordinance, for the purpose of gra-
ding, macadamizing, paving or planking such street or other
highways : Providtd, that such tax shall not exceed five
mills per annum of the value of the property assessed.
§ 2. That, for the purpose of establishing: a system of Sewers and
1 J • J.1 -J. •^ 1 . drains,
sewerage and drainage, the city council may have power to
cause the city to be laid oif into districts, to be drained by
principal and lateral or tributary sewers or drains, having
reference to a general plan of drainage by sewers and
drains for the whole city, and number and record the same.
§ 3. That whenever a majority in number of the owners special taxes.
of real estate within any district shall petition the city council
for the construction of such drains or sewers in such dis-
tricts, the city council shall have power to levy and collect a
special tax on the real estate within the district so drained,
and not to exceed live mills to the dollar per annum on the
assessed value thereof, for the purpose of constructing such
sewers and drains ; which tax shall be annually levied and
collected as other city taxes by law, and shall constitute a
lien on the real estate in the district in which it is assessed;
and the city council shall have power to provide for the
construction and letting of such sewers and drains, or such construction
parts thereof as they shall deem necessary ; and may from sewers"et^. °
time to time extend, enlarge or alter the same, upon such
terms and conditions as they shall deem necessary. And
the city council shall have power to borrow money for the
construction of such sewers and drains, payable, in prin-
cipal and interest, from the special tax collected in su(h.
districts ; or the city council may apportion the estimated
cost of such drains and sewers, and collect the same by a
series of annual assessments. But no ordinance creating
such debt, special tax or apportionment, shall be repealed
or altered until the debt created thereby shall have been
paid.
§ 4. All owners or occupants of lots in front of adjoin- Nuisances, etc.
ing, or upon whorie premises the city council shall order and
direct sidewalks, or private drains communicating with any
main drain, to be constructed, graded, repaired, re-laid or
cleansed, or shall declare any such land or lots to be nuis-
ances, and order the same to be graded, filled up and drained,
or otherwise improved, shall make, grade, repair or re-lay
552
Expenses
curred.
How collected.
such sidewalks, or make, repair or cleanse such private
drains, or grade, till up, drain, or otherwise improve such
lot or land at their own cost and charges, within the time
and in the manner prescribed by ordinance or otherwise ;
and if not done in the time and within the manner pre-
scribed, the city council may cause the same to be con-
structed, repaired, re-laid, cleansed, filled up, graded, drain-
ed, or otherwise improved, and assess the expenses thereof
by an order, to be entered in their proceedings, upon the
lot and lands respectively, and collect the same by warrant,
and sale of the premises, as in other cases. A suit may
also be maintained against the owner or occupant of sucii
premises for the recovery of such expenses as for money
paid and laid out to his use at his request.
§ 5. In all cases where expenses may be incurred, in
the removal of any nuisance, the city council may cause
the same to be assessed against the real estate chargeable
therewith, in the same manner prescribed in the foregoing
section. Such expenses may be likewise collected of the
owner or occupant of such premises in a suit for money ex-
pended 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.
§ 6. The city council shall have power to compel the
owners of lots or grounds fronting or adjoining any private
or public alley, to keep said alley clean, and if necessary
to direct the same to be paved, macadamized, planked, tir
otherwise, and the costs thereof to be assessed and collected
in the same manner as sidewalk assessments.
ARTICLE IX
ASSESSMENT AND COLLECTION OF TAXES.
Form of assess-
ment lists.
Return of the
assessment.
§ 1. The city council shall hiive power by ordinance to
prescribe the form of assessment lists, and prescribe the duties
and detiue the powers of assessors. They may also make
such rules and give sach directions in relation to revising,
altering or adding to the lists as they may deem proper and
expedient.
§ 2. The annual assessment lists shall be returned by
the assessor on or before the first Monday in August in
each year; but the time may be extended by order of the
city council. On the return thereof, the city council shall
fix a day for hearing objections thereto, and the register
shall give notice of the time and place of such hearing, by
publication in the newsj)aper publishing the ordinances 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
CITIES. 553
supply omissions in said assessment lists, and for the pur-
pose 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 instructions to revise and correct
the same.
§ 3. When the assessment lists have been corrected pued and con-
and revised, the same shall be hied, and an order conlirm- firmed,
ing the same, and directing the warrant to be issued for the
collection thereof, shall be entered by the register. The
city council sliall thereupon, by an ordinance or resolution,
levy such sum or sums of money as may be sufficient for
the several purposes for which taxes are herein authorized
to be levied, not exceeding the authorized per centage, par-
ticularly specifying the purposes for which the same are
levied, and if not for general purposes, the division of the
city upon which the same are laid.
I 4. All taxes and assessments, general or special, levied Lien on real «8-
or assessed by the city council, under this act, or any ordi- **"'*•
nance in pursuance thereof, shall be a lien upon the real
estate upon which the same may be imposed, voted or
assessed, for two years from and after the corrected assess-
ment lists shall be confirmed, or the passage of the order
for assessment, 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 personal
property belonging to the debtor may be taken and sold for
the payment of the taxes on real or personal estate, and the
real estate shall be liable for the taxes on personal estate.
In case of removal, or when the tax can not be made out of
the personal estate in the same manner as is prescribed by
the laws of this state : l^rovided^ that in case the collection
of any assessment shall be delayed by iniunction or other , . ,.
• J. ••^1 T ^, 1 11 "^ ^- ■ T 1 Injunction, etc.
judicial proceedings, the same shall continue a lien, unless
set aside, upon the real ettate, for the period of two years
from and after the final disposition of such injunction or
other judicial proceedings.
§ 5. The register shall issue a warrant or warrants for column, head
the taxes, and rule therein separate columns, in which the of-
taxes levied shall be respectively set down opposite the
name of the person or such real estate subject thereto. Each
column shall be headed with the name of the tax therein
set down,
§ 6. All warrants issued for the collection of general or ^^an-anti
special taxes and assessments shall be signed by the mayor
and register, with the corporate seal thereto attached, and
shall contain true and ])erfect cojdes of the corrected assess- ^
ment lists, upon which the same may be issued. They
shall be delivered to the collector for collection within thirty
days after the filing of the corrected lists, unless further
time for this purpose shall be given by the city council. If
not otherwise paid, the collector shall have power to collect
Vol. 1—44
55i CITIES.
Collection of Said taxes, with interest and costs, by suit, in tlie corporate
taxes, etc, name, or by distress and sale of personal property, as afore-
said, after a demand and refusal to pay the same : Provided^
a notice published by the collector for ten days, in the news-
paper printing the ordinances of the city, shall be deemed a
demand, and a neglect to pay taxes for tw'enty days there-
List to be evi- after, shall be deemed a refusal. The assessor's list shall, in
dence. ^jj cases, be evidence on the part of the city corporation.
Kow collected. g 7_ }^\ taxcs and assessments, general or special, shall
be collected by the collector in the same manner and with
the same power and authority as is given by law to collec-
tors of county and state taxes. He shall pay the same as
fast as collected into the city treasury, and his duty in re-
gard to returning warrants and settling with the city, and
"his liabilities in case of default or misconduct, shall be the
same as prescribed by law : Provided^ the city council shall
have the power to prescribe the powers, duties and liabili-
^Ss.°^ *'°' ties of collectors by ordinance.
Judgments. § 8. Whenever the city council shall, by ordinance, reso--
lution or other proceeding, in conformity with and by vir-
tue of this act, levy any tax, either for general or special
purposes, or make any assessment on any lot, ground or
real estate, for the purpose of improving any street, side-
walk or alley, or for grading any lot or real estate, and such
tax or taxes shall not be paid within the time fixed by or-
dinance, the collector shall give thirty days' notice by ad-
vertisement in the newspaper publishing tlie city ordinances,
that he will apply to the county court of St. Clair county
for the purpose of obtaining a judgment against such de-
linquent lot or parcel of real estate for the amount of faxes
or assessments and costs due and unpaid ; and the
county court shall h6ar and determine said application, and
render judgment against said delinquent real estate in the
same manner, and said judgment shall have the like effect,
as though said delinquent list had been returned to the
county conrt by the sheriff or collector of the county in the
collection of state and count}'- taxes, and the court shall
issue its precepts or order to the collector of the city direct-
ing him to sell said real estate at public auction to pay said
delinquent taxes, assessments and costs. The city council
shall have full power to adopt any regulation or proceeding
they may deem necessary to carry this section into etiect,
and to fix the time of said application to the county court,
and the time and place of the sale of said real estate.
*du""fngfaies?' § ^' ^^^ ^'"^^^^ ^'^^^^ ^^^ Conducted in the manner required
by law, but the city council shall have power to prescribe
the manner of conducting the same. The sale shall be
made tor 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 assessments thereon,
with interest and costs of sale. Duplicate certificates of
CITIES. 565
sale shall be made and subscribed by the collector, one of
which shall be delivered to the purchaser, and the other
tiled in the office of the city register, which certificate shall
contain the name of the purchaser, a description of the
premises sold, the amount of taxes or assessments, with the
interest and expenses for which the same was sohi, and the
time when the rio^ht to redeem will expire. The collector
shall be allowed the same fees for selling as are allowed by
law for similar services, or his fees may be regulated by or-
dinance. The register shall keep a record of such sales,
which shall be open to public inspection at all reasonable
times.
§ 10. The right of redemption in all cases of sales for Redemption,
taxes or assessments, shall exist to the owner, his heirs,
creditors or assigns, to the same extent as 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 subsequent to the sale, with interest.
If the real estate of any infant, /emme covert^ or lunatic be ^"/^''i^^e coverts*
sold under this act, the same may be redeemed at any time
within one year after such disability is removed. In case
of redemption, the money mav be paid to the purchaser, or
for him to the city register, who shall make a special de-
posit thereof with the treasurer, taking his receipt there-
for. If not redeemed according to law, the city council
shall, upon the return of the certificate, or proof of its h^ss,
direct a deed to be executed to the purchaser, under the
corporate seal, signed by the mayor or presiding officer ot
the city council, and countersigned by the city register, con-
veying to such purchaser tlie premises so sold and unre-
deemed, as aforesaid. An abstract of all deeds so made Ahstnictof
and de-livered shall be entered by the register in the book
wherein tax sales are recorded. A fee of one dollar may be Registers' fees,
charged b}' the register for any deed so issued.
§ 11. The assignee of any tax certificate of any premises Deed of premi-
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 efiect as though he had been
the original purchaser.
§ 12. If at any sale of real or personal estate for taxes Bids at sale,
or assessments, no bid shall be made for any parcel of land,
or any goods or chattels, the same shall be struck off to the
city, and thereupon 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.
§13. All deeds made to purchasers of lots sold for Deeds eyidence
'-' , 1 . 1 •, •! 1 11 I of the rights of
taxes or assessments, by order ot the city council, sliall be purchaser.
prima facie evidence in all controversies and suits in rela-
tion to the right of the purchaser, his heirs or assigns, to
the premises thereby conveyed, of the following facts :
656
Listed and as-
sessed.
Not paid.
Not redeemed.
Sold for taxes.
Grantee tha
purchaser.
Suits, etc.
iiT8t. — That the land or lot conveyed was subject to
taxation or assessment at the time the same was advertised
for sale, and had been listed and assessed in the time and
manner required by law.
Second. — That the taxes or assessments were not paid at
any time before the sale.
Third. — That the land conveyed had not been redeemed
from the sale at the date of the deed, and shall be conclu-
sive evidence of the following facts :
First. — That the land or lot was advertised for sale, the
length of time and the manner required by law.
Second. — That the land was sold for taxes or assessments
as stated in the deed.
Third. — That the grantee in the deed was the purchaser.
Fourth. — That the sale was conducted in the manner re-
quired by law ; and in all controversies and suits involving
the title to land claimed and held under and by virtue of
such deed the person or persons claiming title adverse to
the title conveyed by such deed, shall be required to prove,
in order to defeat the said title, either that the land was not
subject to taxation at the date of the sale, that the taxes or
assessments had been paid, that the said laud had never
been listed or assessed for taxation or assessment, or that the
same had been redeemed according to the provisions of the
act, and that such redemption was made for the use and
benetitof the persons having the right of redemption under
the laws of the state ; but no person shall be permitted to
question the title acquired by the said deed, without hrst
showing that he, she or they, or the person under whom he,
she or they claim title, had title'to the land at the time of
the sale, or that the title was obtained from the United States
or this state, after the sale, and that all taxes due upon the
lands have been paid by such persons or the person under
whom he claims title as atoresaid.
ARTICLE X,
WATER WORKS.
Construction of
hydrants.
§ 1. The city council shall have power —
First. — To erect and construct water works and to bore
one or more artesian wells, cither within or without the cor-
porate limits of said city, for the purpose of supplying the
city of Belleville with a sufficient quantity of pure and
wholesome water for the use of its inhabitants.
Second. — To construct reservoirs, jets and public and
private hydrants, and to lay pipes in and through all the
streets, lanes, avenues, alleys and highways of said city, and
to construct fountains in the public scpiares or such other
public grounds ot the said city as they shall deem expedient.
CITIE8. 657
Third. — To purchase, hold and convey any personal and Purchase real
real estate which may be necessary and proper to carry out ®^'*'^"
the intention and object of this act.
l^ourth. — To appoint a superiurendent of water works 8uperinten(fent,
and such other othcers, agents and employees as they may
deem necessary, define their duties and hx their compen-
sation.
Fifth. — To make all needful rules and regulations, con-
cerning the use of water supplied by the waterworks of said
city, and do all acts and make such rules and regulations
for the construction, completion, management and control
of the water works of said city as the said council may deem
necessary and expedient.
§ 2. The said city council are hereby authorized to enter Surveys,
upon any land or water within or without the corporate lim-
its of said city, for the purpose of making surveys or con-
structing any of the works authorized by this chapter, and
to agree with owners of any property which may be re-
cpiired for the purposes of this chapter, as to the amount of
compensation to be paid to such owner, for the property so
taken or the amount of damages to be paid to such owner
or owners, by reason of the construction of any of the
works hereby authorized.
§ 3. In case of disagreement between the city council Property,
and the owners of property which may, in the judgment of
the said city council, be required for any of the purposes
specified in this chapter as to the amount of compensation
to be paid to such owners ; or, in case such owner shall
be an infant, a married woman, or insane, or absent from
the state ; or, in case of disagreement between the said
city council and any owner or owners of property, touching
the amount of damages arising from the construction of any
part of the work hereby authorized, the said city council
shall have the right to condemn said property, or to have
the amount of such damages ascertained, or both, and the
proceedings of the condemnation of such property or the
ascertainment of such damages, or both, shall conform as
nearly as may be to those specitied and provided in the act
entitled "an act to amend the law condemning the right of
way for the purpose of internal improvement," approved
June, 22, 1852, and the act or acts of which the same is an
amendment.
§ 4. The city of Belleville shall have power to construct Acqueducts.
such aqueducts on the highways or elsewhere, and to con-
struct such pumping works, break-waters, subsiding basins,
filter beds and reservoirs, and to lay such water mains and
make all other constructions as shall be necessary for ob-
taining a sufficient and abundant supply of pure water for
said city.
§ 5. For such expenditures, pertaining to the supply of ExpenditureB.
water to said city as are hereby authorized, the said city
558
CITIES.
Separate
accounts.
council shall have power to borrow, from time to time, as
they may deem expedient, a sum or sums of money not ex-
ceeding three hundred thousand dollars, and issue bonds of
the city therefor, pledging the faith and the credit of said
city for the payment of the principal and interest of said
bonds. The proceeds of said bonds, when sold, shall be
deposited with the city treasurer, to the credit of the water
fund and appropriated to the objects and purposes pertain-
ing to the water supply of said city, herein specified, nor
shall the same or any part thereof be used by said city for
any other purpose ; said bonds shall bear interest at a rate
not exceeding ten per cent, per annum, and shall not be Sdld
at a rate which will net less than their par value : Pro-
vided^ that before any such bonds are issued, the question
shall be submitted by the city council unto the people of
said city, at the next general election of said city, and if a
majority of the voters voting thereon shall vote against the
issuing of such bonds, then and in that case such bonds
shall not be issued.
§ 6. Whenever any bonds are issued and sold, as herein
provided, the city council shall have power, by ordinance, to
annually levy and collect taxes not exceeding ten mills on
the dollar, on the assessed value* of all real and personal
estate made taxable by the laws of this state, to pay the in-
terest of said bonds, and provide a sinking fund for the
liquidation uf said bonds; and whenever a surplus ot moneys
from any source shall have accumulated in the hands of the
treasurer, to the credit of the water fund, such surplus may
be applied to the purchase of said bonds, in such manner as
the city council may direct.
§ 7. The city council shall have power, from time to
time, by ordinance, to provide for and assess, as water rents
or assessments, such amount as Ihey shall deem ecpiitable,
on any lots of laud which- shall abut or adjoin any sti'eet,
avenue or alley in said city, through which the distributing
pipes of the water works of said city are, or may hereafter
be laid, which shall have a building or buildings thereon
which can be conveniently supplied with water from said
pipes ; the said assessments shall be on the said lots and on
the building or buildings thereon, whether the water from
the water works of said city shall be used in such building
or buildings or on such lot or not; and the said assessment
shall be and become a continuing lien or charge upon all
such lots or buildings situated therecm.
§ 8. All accounts pertaining to the water works of said
city shall be kept separate and distinct from the accounts
pertaining to the other funds of said city, and all moneys
de})Osited with the city treasurer, on account of the water
works, shall be by him kept separate and distinct from other
moneys, as the water fund, and shall only be applied for
the uses and purposes for which the same were received ;
and such moneys shall be held by the treasurer of the city
CITIES. 659
as a special fund separate and distinct from other funds, and
he shall be deemed guilty of embezzlement if he shall pay-
out moneys for any account other than that belonging to
such water fund, and shall be liable for indictment for so
doing,
§ 9. If any person shall willfully do, or cause to be done, penalties.
any act whereby any work, material or property whatever,
constructed, provided or used within the city of Belleville
or elsewhere for the purpose of procuring or keeping a sup-
ply of water, shall in any manner be injured; or, if any
person shall willluUy pollute the water, such person shall be
subject to indictment, and upon conviction thereof shall be
punished by fine, not exceeding one thousand dollars, or
imprisonment not exceeding six months, or both, in the dis-
cretion of the court, said fine to be paid into the city
treasury.
ARTICLE XI.
FIRE DEPARTMENT
§ 1. The city council, for the purpose of guarding powers of the
against the calamities of fire, shall have power to prohibit council.
the erection, placing or repairing ot wooden buildings with-
in the limits prescribed by them, without their permis-
sion, and direct and prescribe that all buildings within the
limits prescribed, shall be made or constructed of fire-proof
materials, and to prohibit the rebuilding or repairing of
wooden buildings within the fire limits, when the same shall
have been damaged to the extent of fifty per cent, of the
value thereof, and to prescribe the manner of ascertaining
such damage ; to declare all dilapidated buildings to be
nuisances, and to direct the same to be repaired, removed
or abated, in such manner as they shall prescribe and direct;
to declare all wooden buildings within the fire limits which
they may deem dangerous to contiguous buildings, or in
causing or promoting fires, to be nuisances, and to require
and cause the same to be removed or abated, in such man-
ner as they shall prescribe.
§ 2. The city council shall have power —
First. — To regulate the construction of chimneys and chimneys and
flues, so as to admit of chimney sweeps or other mode of ^^®^*
cleaning, and to compel the sweeping and cleaning of
chimneys.
Second. — To prevent and prohibit the dangerous con-
struction and condition of chimneys, flues, fire-places, stove-
pipes, boilers, ovens, or any other apparatus used in or
about any building or manufactory, and to cause the same
to be removed or placed in a secure and safe condition, and to
cause such as may be dangerous to be put in safe condition.
Third. — To prevent the deposit of ashes in unsafe places,
and to appoint one or more officers to enter all build-
560
CITIES.
Engines.
ings and inclosures, to examine and discover whether the
same are in a dangerous state, and to cause such as may be
dangerous to be put in safe condition.
Fourth. — To require the inhabitants to provide as many
fire buckets, and in such manner and time as they shall
prescribe, and to regulate the ute thereof in times of lire,
and to require all owners and occupants of buildings to
construct and keep in repair wells or cisterns upon their
premises.
Jbifth. —To regulate and prevent the carrying on of
manulactories and works dangerous in promotingorcausiuir
fires.
Sixth. — To regulate, prevent and prohibit the use of
fire woiks and firearms.
Seventh. — To direct and prohibit the management of
houses for the storing of gunpowder, coals, oils, tar and
other combustible 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.
Eighth. — To regulate and prescribe the manner and
order the building of parapet and partition walls and par-
tition fences.
Ninth. — To compel the owners or occupants of houses or
other buildings to have sinittles in the roofs, and stairs or
ladders leading to the same.
Tenth. — To authorize the mayor, fire-wardens or other
ofiicers ot said city, to keep away from the vicinity of any
fire all idle and suspicious persons, and to compel all officers
of the city, and all other persons, to aid in the extinguish-
ment of tires and in the preservation of property exposed to
danger thereat, and in preventing goods from being stolen.
Kleventh. — And generally, to establish such regulations
for the prevention and extinguishment of tires, as the city
council may deem expedient.
§ 3. The city council may procure fire engines and all
other apparatus used for the extingiushment of fires, and
have the charge and control of the same, and provide fit and
secure houses and other places Ibr keeping and preserving
the same ; and shall have power —
t^rst. — To organize fire, hook, hose, axe and ladder
companies.
Second. — To appoint, during their pleasure, a competent
number of able and reputable inhabitants of the city fire-
men, to take care and have the management of the engines
and other api»aratus and implements used and provided for
the extinguishment of fires.
Third. — To prescribe the duties of firemen, and to make
rules and regulations tor their government, and to impose
reasonable penalties upon them for a violation of the same,
CITIES. 661
and for incapacity, neglect of duty or misconduct, to remove
them.
Fourth, — The nity council shall have power to appoint a chief and assist-
chief and assistant engineer of the fire department, and a'^'^ engineers.
they, with the other firemen, shall take the care and
management of the engines and other apparatus and imple-
ments provided and used for the extinguishment of tires,
and their powers and duties shall be prescribed and defined
by the city council.
§ 4. The firemen shall, during their term of service as Exemptions,
such, be exempted from serving on juries or in the militia.
The name of each fireman shall be registered with the city
register, and the evidence to entitle him to the exemption,
provided in this section, shall be the certificate of the regis-
ter, under the corporate seal, for the year for which exemp-
tion is claimed.
ARTICLE XII.
BOARD OF HEALTH.
§ 1. The board of health shall consist of one alderman officers,
from each ward, to be appointed annually by the mayor,
and the mayor or presiding oflicer of the city council shall
be president of the board and the city register shall be their
clerk, and keep minutes of their proceedings.
§ 2. It shall be the duty of health oflicers to visit every Ltnty of health
sick person who may be reported to them, as hereinafter officers,
provided, and report with all convenient speed their opinion
of the sickness of sucli person to the clerk of the board ;
and to visit and inspect all houses or places in which they
may suspect any person to be confined with any pestilen-
tial or infectious disease, or to contain unsound provisions,
or damaged or putrid animal or vegetable matter, or other
unwholesome articles, and to make report of the state of
the same, with all convenient speed, to the clerk of the
board.
§ 3. All persons in the city, not residents thereof, who Quarantine and
may be infected with any pestilential or infectious disease, \^^^^^^ '^^'^''
or all things which, in the opinion of the board, shall be
infected by or tainted with pestilential matter, and ought to
be removed so as not to endanger the health of the city,
shall, by order of said board, be removed 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
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
compensation.
§ 4. The city council shall have the power to prescribe Powers and du-
the powers and duties of the board of health, and to punish he^th.'^°*'^'^ **'
Yol. 1—46
562
Powers
health officers.
Report of phy-
sicians.
Penalty for
neglect.
by fine or imprisonment, or both, any refusal or neglect to
obey the orders and rejjjniations of the board,
of the § 5. The health officers may be authorized by the city
council, wlien the public interests require, to exercise, for
the time being, such powers and perform such uf the duties
of the marshal or supervisor, 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 practicing physic in this city, who
shall have a patient laboring under any malignant, infec-
tions or pestilential disease, shall forthwith make report
thereof, in writing, to the clerk of the. board, and lor neglect
to do so, shall be considered guilty of a misdemeanor and
liable to a tine of fifty dollars, to be sued for and recov-
ered, with costs, in an action of debt, in any court having
cognizance thereof or before a justice of the peace, for the
use of the city.
ARTICLE XIII.
§ 1. In all cases properly cognizable before the public
Magistrate pro magistrate of the city of Belleville, and the said magistrate
'®"'' shall be absent or otherwise unable to attend to the same,
the mayor of said city shall have power to designate some
other justice of the peace of said city to dischar<je the office
of said police magistrate in such cases, who for the time be-
ing, shall have and exercise all the judicial powers of police
magistrate.
Suits at lavr. § 2. All actions brought to recover any penalty or for-
feiture incurred under this act, or any ordinance, by-law or
police regulation made in pursuance thereof, shall be
brought in the corporate name, it shall be lawful to de-
clare generally in debt for such penalty, fine or forfeiture,
stating 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.
Warrants. § 3. Police magistrates shall, upon proper information of
any violation of any penal clause of the city charter, or of any
penal ordinance of the city, issue a warrant to the city marshal
or any police constable or any other officer authorized to exe-
cute the same, commanding him to forthwith apprehend the
ofi'ender and bring him before him or any competent court;
and if upon the trial it shall appear satisfactory to the court or
jury, after hearing the evidence and proofs adduced in the
case, that the accused is guilty of the oti'ence complained of,
such fine, penalty, torfeiture or imprisonment shall be im-
posed or adjudged against the ofi'ender as may be prescrib-
ed by the charter or ordinances. No pi-ocess bhall be neces-
sary where the ofi'ender is arrested without warrant and
brought before the court, but an entry of the cause, place
CITIES. 563
and time of arrest, shall be made upon the docket of the
court, and trial had in the same manner as if process had
been issued.
§ 4. The city may sue and declare for several fines, pen- judgments,
alties 01' fui feiturcs for violations of the charter or ordinances
of the city, and recover judgment for as many offences as
may be proven, not exceedinoi; the jurisdiction of the court,
and m.iy prove any od'euce committed before the com-
mencement of tlie suit.
§ 5. The city may appeal in all cases arising under the Appeals, etc.
charter and ordinances of the city without giving security;
and the mayor, in cases of appeals by the city, shall execute
bond under the corporate seal, without sureties ; and a res-
olution or ordinance of the city council authorizing the
same, shall be sufficient authority therefor. Nor shall the
city in any case be required to file bond or security for
costs.
§ 6. All fines, forfeitures and penalties collected for of- Fines and pen-
fences committed within said city shall be paid into the
treasury of said city, by the officers collecting the same ;
and all fines and forfeitures collected of any citizens of said
city for any conviction in the circuit court shall be paid
over in like manner,
§ 7. Neither the city council or the mayor shall remit Fines.
any fine or penalty imposed upon any person for a viola-
tion of any laws or ordinances 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 nuisances within its ju-
risdiction by indictment or otherwise.
§ 8. Execution may be issued immediately on ren- Execution,
dition of judgment. If the defendant has no goods or
chattels or real estate within the county of St. Clair where-
of the judgment can be collected, the execution shall re-
quire the defendant to be confined in the county jail or
workhouse or city prison for a term not exceedhjg six
months, in the discretion of the court rendering judgment ;
and all persons who may be committed under this section
shall be confined one day for each one dollar of such judg-
ment and costs. All expenses incurred in any prosecution for
the recovery of any fine, penalty or forfeiture, when col-
lected, shall be paid into the city treasury.
§ 9. No person shall be an incompetent iud^e, iustice, incompetent
•^ • 1, 1- 1 • 1 • • C I,- ^ judRei, etc.
Witness or juror, by reason of his being an inhabitant or
freeholder in the city of Belleville, in any action or pro-
ceeding in which said city may be a party in interest.
§ 10, The city council shall have power to require the Report and
police magistrate to report and settle quarterly, or oftener, ■^"'*"®'"^-
and to conform to the ordinances and resolutions passed
from time to time.
561
Fees.
§ 11. The police magistrate and all other officers of the
city shall not be entitled to receive an}' tees from the city,
when from any cause the city shall be unsuccessful in the
prosecution of any action, or should be unable to collect any
line and costs, or until the money has been collected by the
officer authorized to collect the same.
ARTICLE XIV.
Labor exemp-
tion
Richland Creek
Surveys and
plats.
MISCELLiNEOtTS PROVISIONS.
§ 1. The city council shall, at least ten days before the
annual election in each year, cause to be published in the
newspaper publishino; 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 dis-
bursement; and also a distinct statement of the whole
amount assessed, received and expended in the respective
wards and divisions for making atid 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 concerns of the city.
§ 2, The inhabitants of the city of Belleville are hereby
exempt from working upon any road or highway, and from
paying the tax in lieu thereof.
§ 3. The water coui'se known as Richland creek, in said
city, or any natural branch leading thereinto, shall not be
tilled up, altered or changed, except in the manner pre-
scribed by the city council ; and the city council shall have
power to establish and direct, and prescribe the manner of
altering, changing and straightening, and to wall, till up,
culvert or sewer the same.
§ 4. The city council shall have power to cause the
blocks and lots of the city to be surveyed, platted and num-
bered, in consecutive numbers, from one upwards, and to
designate and number all fractional or other lots or blocks
in such manner as they may prescribe by ordinance, and
such plat, designation and numbers, when made and duly
recorded, shall be a good and valid description of said
blocks and lots, or fractional blocks and lots ; to establish,
mark and declare the boundaries and names t)f streets and
alleys.
§ 5. The city council shall have power to adopt a plan
for th'e laying out and platting of all additions which nuiy
be made to the city, or of sub-divisions of lands lying with-
in the city, or within one half mile of the limits hereof", so as
to establish regularity aiul unitoi'mity in the streets and high-
ways of the city and vicinity, and to re(pure that all additions
aiul subdivisions which may be so laid out or platted shall
cuufunu to such plan ; and uo map or plat of any addition to
CITIES. 565
said city, or of any sub-division of lands withiti the same, or
witliin one half mile of the limits theieof, shall be entitled
to record, or shall be recorded in the office of tlie recorder
of St. Cluir county, until the same shall have been approv-
ed by the city council of said city ; and all such additions
or sub-divisions shall be null and void unless a correct map
or plat thereof shall be approved by the city council of said
city before the same is tiled for record.
§ 6. The city council shall in all expenditures for pur- Expenditures,
poses strictl}^ local expend annually in the several natural
divisions of the city, such proportions, as near as may be,
of the whole expenditures for like purposes during the same
period, as will correspond to the several sums contributed
by each division to the general fund.
§ 7. The street inspector, in addition to the penalties pre- Penalties,
scribed by ordinance, shall, for willful neglect of duty, be
liable to indictment and fine in the same manner as super-
visors under the state laws.
§ 8. No vote of the city council shall be reconsidered or Reconsidera-
reseinded at a special meeting, unless the meeting be call- '""^ °^ ^°'®*'
ed in whole or in part for that purpose, and the aldermen
be so notifie i, and unless at such special meeting there be
present as large a number of aldermen as were present
when the vote was taken.
§ 9. Every ordinance, regulation and by-law imposing publication of
any penalty, fine, imprisonment or forfeiture for a violation ordinances.etc.
of its provisions, shall, after the passage thereof, be publish-
ed once in the newspaper publibhing the ordinances ot the
city, and proof of such publication, by the afiidavit of the
printer or publisher of such newspaper, taken before any
officer authorized to administer oaths, and filed with the
register, or any other competent proof of such publication,
shall be conclusive evidence of the legal publication and
promulgation of such ordinance, regulation or by-law in
all courts and places.
§ 10. The cemetery lots which may be laid out and sold, cemeteries 'ex-
by the city or private persons for private places of burial, tacnmenT *^'
shall, with the appurtenances forever be exempt from exe-
cution and attachment.
§ 11. Any person who shall destroy or injure any bridge, penalties.
or any public building or other property belonging to the
city, or shall cause or procure the same to be injui-ed or
destroyed, shall be subject to a penalty not exceeding five
hundred dollars for such oft'ence, to be recovered by the
city in an action of debt, and may be imprisoned not exceed-
ing six months, in the discretion of the court bcf )re whom
such conviction may be had, and such person shall also be
liable in a civil action, at the suit of the citj^, for the dama-
ges occasioned by such injury or destruction.
12. All ordinances, regulations and resolutions now in coDflieting acta
force in the city of Belleville, and. not inconsistent with this '"^p®*^*'*-
acts.
^^Q CITIES.
act, shall remain in force under this act until altered, modi-
fied or repealed by the city council after this act shall take
effect.
Proof. § 13. All ordinances of the city, when printed and pub-
lished by authority of tlie ciry council, shall be received in
all com ts and places, without further proof.
style of ordi- § M. The Style of all ordinances shall be, "Beitor-
naaces. daiucd by the city council of the city of Belleville."
Invalidation of § 15, Tlu's act sliall uot in val idatc any le^al act done by
the city couneil of the city of Belleville, or by its officers
nor divest their successors under this act of any rights
of property or otherwise, or liability which may have
accrued to or been created by said corporation prior to
the passage of this act.
Arrests without § 16. All officcrs of the city created conservators of the
process. peacc by this act, or authorized by any ordinance, shall have
power to arrest or cause to be arrested, with or without
process, all persons who shall break the peace, or threaten
to break the peace, or be found violating any ordinance of
this city, commit tor examination, and, if necessary, detain
such person in custody over night, or the Sabbath, in the
watch house or other safe place, or until they can be brought
before a magistrate, and shall have and exercibC such other
powers as conservators of the peace as the city council may
prescribe.
Appropriations. § IT. The couuty court of St. Clair county may, at its
discretion, appropriate a reasonable share of the public rev-
enue collected for county purposes, for the improvement of
the streets, roads and bridges in the city of Belleville and
leading to said city.
^'?n^L°^ °'''*'' § IS. 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 a like digest within
every period of live years thereafter.
Construction of § ^^- Nothing in this act shall be so construed as
to deprive the city council of said city of any powers or
authority conferred upon the same by the act incorix)rating
said city and the various acts amendatory thereto, but the
city council sliall possess and enjoy all the powers and au-
thority heretofore conferred upon the same, except so far
as such powers and authority are expressly modified or
repealed by this actor the acts heretofore mentioned.
Acts to be read § 20. This act sluill be deemed a public act, and may be
read in evidence without proof, and judicial notice thereof
shall be taken in all courts and places, and shall take efl'ect
from and after its ])assaiie.
' ~ 1867.
nances.
act.
as evidence
all courts
CITIES. 667
AN ACT to incorporate the city of Kinmundy. In force Feb. 25,
ARTICLE I.
OF BOUNDARIES.
Section 1. Be it enacted by the People of the State of
Illinois^ represented hi the General Assembly^ That the
inliahitants of the tpwn of Kiumund}^, in Marion county,
be and they are hereby constituted a body politic and cor-
porate, by the name and stjle of the city of Kinmundy, Nameandetyie.
an(i by that name shall have perpetual succession, may sue
and be sued, plead and be impleaded, in all courts of law
and equity, and mav have and use a common seal, and alter
the same at pleasure.
§ 2. All that territory embraced within the following Boundaries,
limits, to-wit: the east half and the east half of the north-
west quarter, and the east half of the southwest quarter of
section twenty-two, and west half of the northwest quarter,
and west half of the southwest quarter of section twenty-
three, township four north, range three east of the third
principal meridian, shall be and is hereby declared to be
Avithin the limits of the city of Kinmundy.
§ 3. Whenever any tract of land adjoining the city of Additions.
Kinmundy, shall be laid oli'into town lots, and duly recorded
as required by law, the same shall be aimexed to, and form
a part of the city of Kinmundy.
§ 4. The inhabitants of said city, by the name and corporate pow-
style aforesaid, shall have power to sue and be sued, to plead
and be impleaded"^ to defend and be defended, in all courts
of law and equity, and in all actions ; to purchase, receive
and hold property, both real and personal, in said city ; to
purchase, receive and hold property, both personal and real,
beyond the city, for burial grounds and other purposes, for
the use of said inhabitants of said city ; to sell, lease, and
convey, or dispose of property, and to do all other things
in relation thereto, as natural persons.
ARTICLE II.
OF THE CITY COUNCIL.
§ 1. There shall be a city council, to consist of a mayor Mayor -and al-
and board of aldermen. dermen.
§ 2. The board of aldermen shall consist of two mem- Number of the
bers from each ward, to be chosen by the qualified voters "^^^ ^"'
for two years, and until their successors shall be legally
qualified.
§ 3. No person shall be an alderman, unless at the time Qualifications.
of his election, he shall be a free holder in said city, and
shall have resided within the limits of the city, one year
immediately preceding his election, and shall have the
568
CITIES.
Contested elec-
tions.
Absent mem-
Bule of pro-
ceedings.
Aldermen not to
hold other of-
tice.
Vacancies.
Oath of office.
Meetings.
necessary qualifications to vote for state officers ; be a resi-
dent of the ward for which he is elected, and a citizen of
the United States.
§ 4. If any alderman shall, after his election, remove
from the ward for which he is elected, or ceases to be a free-
holder in said city, his office shall be declared vacated.
The aldermen shall serve without compensation from the
city fund, until there shall be five thousand inhabitants in
the said city, and when the population shall exceed five
thousand, they may receive such compensation as the city
council shall determine.
§ 5. At the tirst meeting of the city council, the alder-
men shall be divided by lot into two classes: the seats of
the first class shall be vacated at the expiration of the first
year, and of the second class at the expiration of the second
year ; so that one-half of the board shall be elected annually.
§ 6. The city council shall judge of the qualifications,
elections, and returns of their own members, and shall
determine all contested elections under this act.
§ 7. A majority of the city council shall constitute a
quorum to do business, but a smaller number may adjourn
from day to day, and compel the attendance of absent mem-
bers, under such penalties as may be prescribed by ordinance.
§ 8. The city council shall have power to determine the
rules of its own proceedings, punish its members for disor-
derly c<mduct, and with the concurrence of two-thirds of
the members elected, expel a member.
§ 9. The city council shall keep a journal of its pro-
ceedings, and the yeas and nays when demanded by any
member present, shall be entered upon the journal.
§ 10. No alderman shall be appointed lo any office
under the authority of the city that shall have been created,
or the eraolumenrs of which shall have been increased, during
the time for which he shall have been elected, nor shall be
engaged in any contract with said corporation, while serving
as such alderman.
§ 11. All vacancies that shall occur in the board of
aldermen, shall be tilled by election.
§ 12. The mayor or aldermen, before entering on the
duties of their otitice shall take and subscribe an oath, or
make affirmation that they will support the constitution of
tlie United States, and of this state, and that they will well
and truly, perform the duties of their office, according to
the best of their skill and abilities.
§ 13. Whenever there shall be a tie in an election of
aldermen, the judges of election shall certify the tact to the
mayor, who shall determine the same by lot in such man-
ner as shall be provided by ordinance.
§ 14. There shall be twelve stated meetings of the city
council in each year, at such times and places as may be
prescribed by the city council.
569
ARTICLE III
Oy THE CHIEF EXECUTIVE OFFICER.
§ 1. The chief executive officer of the city shall be a Mayor,
mayor, who shall be elected by the qualitied voters of the
city, and hold his office for one year, and until his successor
shall be elected and qualitied.
§ 2. JS'o person shall be eligible to the office of mayor. Eligibility.
who shall not be a resident of the city for one year next
preceding his election, or who shall be under twenty-one
years of age, or shall not, at the time of his election, be a
citizen of tlie United States, and a freeholder.
§ 3. If any mayor, during the time for which he shall Vacancy,
be elected, remove from the city, or be absent from the city
for the space of six months, his office shall be vacant.
§ -J-. When two or more persons shall have an equal Ties.
number of votes for mayor, the judges of election shall cer-
tify the same to the city council, who shall determine the
same by lot, in such manner as may be determined by ordi-
nance.
§ 5, Whenever an election of mayor shall be contested, office contested
the city council shall determine the same as may be pre-
scribed by ordinance.
§ 6. Whenever any vacancy shall happen in the office of vacancy,
mayor, it shall be filled by election.
ARTICLE IV.
OF ELECTIONS.
§ 1. On the second Monday of April next, an election Time of hoid-
shall be held in said city for one mayor, one marshal, one '"^•
clerk, one street commissioner, one city surveyor, one treas-
urer, one assessor and police magistrate for the city, two
aldermen from each ward, and forever thereatter, on the
second Monday of April in each year, there shall be an
election for one mayor, one marshal, one clerk, one street
commissioner, one city surveyor, one treasurer, one assessor,
and one alderman for each ward.
§ 2. Montgomerv Wilson, James C. Hawarth, Nathan- Trustees and
iel S. Hubbard, Bayard Chalfaut, and William C. Dorris, ^^^''' ^"""•
shall constitute a board of trustees for the said city of Kin-
mundy, and immediately after the adoption of the charter,
by the citizens, shall divide the city into four wards, describ-
ing particularly the boundaries of each ward, the wards [to]
be as nearly equal in population as practicable. The said
trustees shall by ordinance provide for the tirst election of
all [the] officers to be elected under this act, shall canvass
the vote and declare who are duly elected, and make return
of the election to the clerk of the county court and the sec-
retary of state of the election of police magistrate, in the
YoL 1-46
570 CITIES.
same "manner that returns are made of the elections of
justices of the peace.
Qualified voters | 3. All luale inhabitants over the age of twenty-one
yeais, who are entitled to vote for state otficers, and who
shall have been actual residents of said city, one year next
precediug the electii^n, and who shall have paid such city tax
as they may be subject to, shall be entitled to vote for city
officers.
ARTICLE V.
OF THE LEGISLATIVE POWERS OF THE CITY COUNCIL.
Taxes. § 1. The clty council shall have power and authority to
levy and collect taxes, for city purposes, upon all property,
real and personal, ^^ithin the city, not exceedintr one-half
of one per cent, per annum, upon the assessed value thereof;
Promded^ that after three years from the organization of
the city, a higher tax may be raised, if two thirds of the
voters of the city shall agree thereto, at a special election
for that purpose, called by the mayor and the city council,
may enforce the payment of taxes in any manner prescribed
by ordinance, not repugnant to the constitution of this state
or of the United States.
Appointments. § 2. The city council shall have power to appoint a city
attorney, and all such other inferior officers as may be
necessary.
Penalties and § 3. The city couucil shall have power to require of all
officers appointed or elected in pursuance of this charter
bonds, with penalty and security, for their faithful perform-
ance of their respective duties, as may be deemed expedient,
and also to require all officers appointed or elected as afore-
said to take an oath or make such affirmation as the city
council may prescribe for the faithful performance of the
duties of their respective offices, before entering upon the
Indebtedness, discharge of the same; to borrow money on the credit of the
city: Provided^\\\2X no sum or sums of money shall be
borrowed at a greater rate of inteiest than ten per cent,
per annum, nor shall any sum or sums be borrowed, as afore-
said, uniil after the subject shall have been submitted to the
legal voters of said city, for which purpose a special election
shall be called by the mayor, after giving ten days' notice
thereof, and if two-thirds of the legal voters of said, city
shall vote in favor of any such loan, the same may be
negotiated, and not otherwise.
Appropriations. § 4. To appropriate money and provide for the payment
of the debts and expenses of the city.
contftgious dis- § 5. To make regulations to prevent the introduction of
contagi'ius diseases into tiie city, to make quarantine laws
for tiiat purpose, and enforce the same within tive miles of
the city.
CITIES. 571
§ 6. To establish hospitals, and make regulations for the HoBpUau.
government of the same.
§ 7. To make reticulations to secure the general health of Health reguia-
the inhai)itants, to declare what shall be a nuisance, and to *'°"^"
prevent and remove the same.
§ 8. To provide the city with water, to erect hydrants Water,
and pumps, build cisterns and dig wells in the streets for
the supply of engines and buckets.
§ 9. To open, alter, abolish, widen, extend, establish, Repair«.
grade, pave, or otherwise improve and keep in repair
streets, avenues, lanes and alleys, sidewalks, drains and
sewers.
§ 10. To establish, erect and keep in repair bridges.
§ 11. T > divide the city into wards, alter the boundaries Wara«.
thereof, and erect additional wards, as the occasion may
require.
§ 12. To provide for lighting the streets and erecting i^jshtmg of the
lamp poets.
§ 13. To establish, support and regulate night watches. Night watches.
I li. To erect market houses, to establish markets and Maikets.
market places, and provide for the government and reguia
tion of the same.
§ 15. To provide for all needful buildings for the use of Buildings,
the city.
§ It). To provide for inclosing, improving and reguia- PubUc grounds,
ting all public grounds belonging to the city.
§ 17. To license, tax and regulate auctioneers, merchants, Auctioneers,
peddlers, retailers, grocers, taverns, ordinaries, hawkers, ^*
brokers, pawnbrokers and money changers.
§ 18. To license, tax and regulate hackney carriages, vehicles,
wagons, carts and drays, and lix tlie rates to be charged for
the carriage of persons, and fur the wagonage, cartage and
drayaiie uf property.
§ 19. To license and regulate porters, and the rates of Porters,
portt rage.
§ 20. To license, tax and regulate theatrical and other Exhibitions,
exhibitions, shows and amusements.
§ 21. To license or to suppress the sale of ardent spirits, Ardeat spirit
malt, fermented, medicated and all other liquors; to restrain,
prohibit and suppress tippling houses, dram shops, gambling
houses, bawdy houses, and other disorderly houses.
§ 22. To provide tor the prevention and extinguishment Fires, etc
of tires; to organize and establi^h tire companies.
§ l3. To regulate the Hxing of chimn ys, and to fix the chimreyn aad
flues thereof. fi"^^' *=^'=-
§ 21:. To regulate the storage of gunpowder, tar, pitch, combustibles,
rosin, and other combustible materials.
§ 25. To regulate and order parapet walls and partition waiis and
fences, and to restrain cattle, sheep and hogs from running '^°*'**-
at large.
572
Weights and
measures.
Hay and fuel.
Beef, pork, etc.
§ 26. To establish standard weights and measures, and
regulate the weights and measures to be used in the city in
all cases not otherwise provided for by law, and to order all
laws upon the subject to be enforced, and to lix and enforce
payment of tines lor non-compliance with any such order.
§ 27. To provide for the inspection and measuring of
lumber and other buihling materials, and for the ineasuring
of ail kinds of mechanical works.
§ 28. To provide for the inspection and the weighing of
hay and stone coal, the measuiing of charcoal, firewood,
and other fuel to be sold and used within said city.
§ 29. To provide for and regulate the inspection of to-
bacco, and of beef, pork, flour, meal, and whisky in barrels.
Lard and butter § 30. To provide for and regulate the inspection of lard,
butter, and other provisions.
§ 31. To regulate the quality and weight of bread to be
sold and used m the city.
§ 32. To regulate the size of bricks to be sold and used
in the city.
§ 33. "^To provide for taking enumeration of the inhabi-
tants of the city.
§ 34. To regulate the election of city officers, and to
provide for removing from office any person holding an of-
fice created b}' ordinance.
§ 35. To fix the compensation of all city ofiicers, and
to regulate the fees of jurors, witnesses, and others, for ser-
vices rendered under this act, or any ordinance made in
pursuance thereof.
§ 36. To erect, maintain and establish a city prison or
jail, and to provide by ordinance for the confinement of
persons therein for the breach of any ordinance of the city ;
to regulate the police of the city ; to impose fines and for-
feitures and penalties for the breach of any ordinance, and
to provide for the recovery and appropriation of such fines
and forfeitures and enforcement of such penalties ; to pro-
vide for compelling oft'enders to work on the streets ; and
all moneys collected under and by authority of any city
ordinance shall be deemed and taken to belong to the city,
ard disposed of by the city council under the ordinances of
said city, for the general use and benefit thereof.
§ 37. The city council shall have exclusive power, with-
in the city, to license or suppress any billiard tables or
bowling alleys.
§ 18. The city council shall have power to make all or-
dinances which shall be necessary and ])ro|ier for carrying
into execution the powers specitied in this act, so that
ordinances be not repugnatit to nor inconsistent with the
constitution of the United States or of this state.
§ 39. The style of the ordinances shall be : "J5e it en-
acted by the city council of the city of Kinmundy."
Enumerations.
City officers.
Ordinances.
Style of
naueea.
CITIES. 573
§ 40. All ordinances passed by the city council shall, Pnbiication ©f
within ten days after they shall have been passed, be pub- °''^'°*°^®''-
lished in some newspa])er in the city, or be posted up in
three of tlie most public places in the said city of Kin-
niuridy, and shall not be in force until they shall have been
pulilislied, as aforesaid.
§ 41. All ordinances of the city may he proven by the Pmof of ordi-
seal of the corporation, and when printed in book or "^""^es.
pamphlet form, and purporting to be printed and published
by authority of the corporation, the same shall be received
in evidence in all courts and places without turther proof.
ARTICLE VI.
OF THE MAYOR.
§ 1. The mayor shall preside at all meetings of the city Presiding os-
council, and in case of a tie shall have the casting vote, and '^"^
in no other. In case of non attendance of the mayor at
any meeting, the board of aldermen shall appoint one of
their own number chairman, who shall preside at the meet-
ing, but shall not thereby lose his right to vote on any ques-
tion before the board.
§ 2. The mayor or any two aldermen may call special special meet-
meetings of the city councih '"s*-
§ 3. The mayor shall at all times be vigilant and active vigilant and
in enforcing the laws and ordinances for the government of *°''^^-
the city; he shall inspect the conduct of all sul)ordinate offi-
cers ot said city, and cause negligence and potitive violation
to be prosecuted and punished. He shall, from time to
time, communicate to the aldermen such information and
recommend all such measures, as in his opinion may tend
to the improvement of the finances, the police, the health,
security, comfort and ornament of tlie city.
§ 4. He is hereby authorized to call upon every male inhabitants to
inhabitant of said city, over the age of eighteen jears, to f^'i iaws^°^"'*^'
aid in enforcing the laws and ordinances, and in case of
riots, to call out the militia to aid him in suppressing the
same or other disorderly conduct; preventing and extin-
guishing tires, for securii g the peace and safety of the city,
or in carrying into effect any law or ordinance; and any
person who shall not obey such call shall forfeit to said city
a tine not exceeding tive dollars.
§ 5. He shall have power, whenever he shall deem it ne- Exhibit of the
cessary, to require of au}^ of the officers of said city an ^°^^^' papers,
exhibit of Ins books and pajiers.
§ 6. He shall have power to execute all acts that may he Execution of
required of him by any ordinance made in pursuance of this »«•«•
aci.
§7. He shall also have such jurisdiction as may be jurisdiction,
vested in him by ordinance of the city, in and over all
places within five miles of the boundaries of the citj, for
574 CITIES.
the purpose of enforcing the health and quarantine regula-
tions thereof.
Salary of mayor. § 8. He shall receive for his services, of the city, such
salary as shall be tixed by ordinance.
Pennities, § 9- In case the mayor shall at any time be guilty of a
palpable omission of duty, or shall willfully and c<>rru|.tly
be guilty of ciijjrei^sion, malconduct or partiality in the
discharge of the duties of his cffice, he shall be liable
to be indicted in the circuit court of Mariun county,
and, on conviction, he shall be lined not exceeding two hun-
dred dollars, and the court shall have power, on recommen-
dation of the jury, to add to the judgment of the court, that
he be removed trom office.
ARTICLE VII.
OF PROCEEDINGS IN SPECIAL CASES.
Private proper- § 1- When it shall be necessary to take private prop-
ty taken. ^.j-fy for Opening, widening and altering any public
street, lane, avenue or alley, the corporation shall make a
just compensation to the person whose property is so taken,
and if the amount of said compensation can not be agreed
upon, the mayor shall cause the same to be ascertained by a
jury of six disinterested freeholders of the city.
§ 2. When the owners of all the property on the street,
lane, avenue or alley proposed to be opened, widened or
altered, shall petition therefor, the city council may open,
■widen or alter such street, lane, avenue or alley, upon con-
dition to be prescribed by ordinance ; but no compensation in
such case shall be made to those whose property shall be
taken, their tenants or others, for the opening, widening or
altering such street, lane, avenue or alley, nor siudl there
be any assessments of benefits or damages that may accrue
thei-eby to any of the petitioners.
§3." All jurors em[)anneled to inquire into the amount
of bene^ts or damages which shall happen to the owners of
property proposed to be taken tor opening, widening or al-
tering any street, lane, avenue or alley, shall first be sworn
to that effect, and shall return to the mayor the inquest iu
writing, and signed by each juror.
§ 4. In ascertaining the amount of compensation for
property taken tor opening, widening or altering any street,
lane, avenue or alley, the jury shall take into consideration
the benetits as well as the injury happening by any such
opening, widening or altering such street, lane, avenue or
alley.
^5. The mayor shall have power, for good cause siiown,
withm ten days after any inquest shall have been returned
to him, as aforesaid, to ^et the same aside, and cause a new
inquesi to be made.
CITIES 575
§ 6, Upon a petition of two-thirds of the property hold-
ers, tlie city council shall have power, bj ordinance, to levy
and collect a special tax on the h(»lde!s ot Idts in any etrtet,
lane, avenue or alley, in proportion to the benefit resulting
thereto, for the pnrpose of draining, grading or planking
sidewalks, and lighting such street, lane, avenue or alley :
Provided, said tax shall not exceed in amount the cost of
said sidewalks and Hghting respectively; which tax shall be
collected in the same manner as other city taxes.
ARTICLE VIII.
MISCELLANEOUS PROVISIONS.
§ 1. The city council shall have power, for the purpose street labor.
of keeping the streets, lanes, avenues and alleys in repair,
to require every able-bodied male inhabitant in the city
over twenty-one years of age to labor on said streets, lanes,
avenues and alleys, not exceeding three days in each year;
and any person failing to perforin the such labor, when duly
notitied by the street commissioner, shall forfeit and pay
not exceeding two dollars for each day so neglected or refused.
§ 2, The inhabitants of the city of Kinmundy are here- Exemption
by exempted from woriiing on any road beyond the limits bor" ^°^^ '*"
of the city, and from paying any tax to procure laborers to
work upon the same.
^ '6. The city council shall have power to provide for the Punishment of
• 1 .. V u.- ^ u • • i. • ..1 .. offenders.
punishment ot oiienders by imprisonment in the county or
city jail in all cases when such oifenders shall fail or refuse
to pay the tines and forfeitures which may be recovered
against them.
§ 4. The city council shall cause to be published, annu- sutement of
ally, a full and complete statement ot all moneys received ^°''"*^®^-
and expended by the corporation during the preceding year,
and on what account received and expended.
§ 5. Appeals shall be allowed from decisions in all Appeals,
cases arising under the provisions of this act or any ordi-
nance passed in pursuance thereof, to the county or circuit
court, as the case may be, of said county of Marion, and
every such appeal shall be granted in the same manner and
with like effect as appeals are taken from and granted by
justices of the peace to the circuit court, under the laws of
this state.
§ 6. Whenever the mayor shall absent himself from the vacation of of-
city, or resign, or die, or his office shall be otherwise vaca-
ted, the board ot aldermen shall immediately proceed to
elect one of their number as president, who shall be mayor
pro teia., until the office shall be filled by election, as herein'
provided.
§ 7. This act is hereby declared to be a public act, and Evidence,
may be read in evidence in all courts of law or equity, with-
in this state, without proof.
576
CITIES.
Act repealed.
Powers and du-
ties of officers.
Promulgation
of act.
Decision of
charter by
election.
Fire-wardens,
Police magis-
trates.
§ 8. All acts or parts of acts coming within the provi-
sions of this charter, or contrary to or inconsistent with its
provisions, are hereby repealed.
§ 9. The city marshal or any other officer anthorized to
execute writs or any other process issued by any judicial
othcer in said city, shall have power to execute the same
anywhere within the limits of the county of Marion, and
shall be entitled to the sanie fees for traveling as are
allowed to constables in similar cases. The said city mar-
shal, by virtue of his office, shall be a constable of Murion
county, with power to serve process and do all other acts
that a constable may lawfully do, and shall receive the same
fees as are allowed toother constables by law, shall hold
his office for one year, and shall give bond as other con-
stables are required by law to give, which bond shall be
filed in the office of the county clerk,
§ 10. The trustees named herein shall, immediately
after the passage ot* this act, take measures to promulgate
this law within the limits of the city of Kminundy, and issue
their proclamation for an election to be held in said town
at least ten days prior to the election for city officers, at
which election the inhabitants residing within the territory
described in the second section of the first article of tliis
act, who are authorized to vote for state officers, shall vote
" For the Charter" or "Against the Charter ;" and if a ma-
jority of votes given at such election shall be for the charter,
this act shall immediately take efiect as a law, and the
trustees shall proceed as directed in article lY of this char-
ter; but if a majority of the votes shall be against the
charter, then this act shall be of no efiect.
§ 11. The members of the city council shall be, ex
officio^ fire-wardens and conservators of the peace within the
city, and are hereby authorized, and it is made their duty
to arrest all persons who are violating or have violated any
ordinance of the city or any law of the state, with or with-
out process, and have them prosecuted therefor, and any
person or persons who shall willfully interrupt or oppose
them in discharge of the requirements hereof shall be sub-
ject to the same penalties as though they had interrupted a
marshal, sherifi" or constable in the legal discharge of their
duties. They shall, moreover, be exempt from jury duty
and street labor or the payment of street taxes, during their
terms of office.
§ 12. There shall be elected at the first election for city
officers, and every four years thereafter, one police magis-
trate, who shall hold his office for the term of tour years
and until his successor shall be elected and qualified. The
said police magistrate shall be, ex officio, justice of the peace
of the said county of Marion, and shall" have jurisdiction
over the same matters and receive the same fees as are pre-
scribed by law for other justices of the peace in this state,
OlTliES.
6?t
with this udditiou that his jurisdictiuii shall extend to all
cases where the plaintifr.s demand shall not exceed the sum
of throe hundi-ed dollars. The governor shall connnission
the said police magistrate, and he shall execute and deliver
unto the city clerk^ within twenty days after his election, a
bond to be approved by the said clerk, Muth one or more
good and sufficient securities, in the sum of not less than
two thousand dollars, conditioned that he will justly and
fairly account for and pay over all money that may come
into his hands, under any judgment or otherwise, by virtue
of his said office, and that he will well and truly perform
every act and duty enjoined on him by 'this charter or the
laws of this state to the best of his skill and abilities ; said
bond shall be made payable to the city council of Kinmundy
for the use of the people of the state of Illinois, and be held
for the security and benefit of all suitors and others who
may be aggrieved or injured by the magisterial acts or mis-
conduct of said police magistrate. Change of venue may •
in all cases be taken from the police magistrate to a justice
of the peace : Provided^ the demand in the case in contro-
vers}^ does not exceed one hundred dollars.
§ 13. Xo provisions of this act shall be so construed as Ardent spirits,
to authorize the sale of ardent spirits, in any quantity what-
ever, unless licensed so to do by the city council.
§ 1 J:. All moneys received for licenses shall be paid Disposition of
into the city treasury and be expended for city purposes. "'o'^^y^-
§ 15, This act to take effect and l>e in force from and
after its passage.
Approved February 25, 1867.
AN ACT to amend an act entitled, "An act to incorporate tlic dtv of in 'force FeVi.
Alton." -25, 1S67.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, The street street eommis.
inspector may be rec|uired to superintend all local improve- ^''^°^-
ments in the city and shall carry into effect all orders of
the common council in relation thereto ; it shall also be his
duty to superintend and supervise the opening of streets
and alleys, and the grading and improving and repairing
thereof, and the construction and repairing of bridges, cul-
verts and sewers, to order the laying, relaying and repair-
ing of sidewalks ; to give notice to owners of property
adjoining such sidewalks when required, and upon the
failure oi any person to comply with such, to cause the same
to be laid, relaid or repaired, and apportion the costs there-
of among the persons or lots properly chargeable therewith
and deliver the amount thereof to the city clerk to be laid
before the common council ; to make plans and estimates of
Vol. 1—47
578 CITIES.
auy work ordered in relation to streets and alleys, bridges,
culverts and sewers ; to keep full and accurate accounts in
appropriate books ol" all appropriations made for work per-
taining to his office, of all moneys received and all disburse-
ments thereof, specifying to whom made and on what
account, and he shall render monthly accounts thereof to the
common council, and shall be, ex officio, a deputy marshal.
§ 2. The common council shall have tlic management
and control of the finances and all other property real, per-
coiineii. sonal and mixed belonging to the corporation, and shall
likewise have power within the jurisdiction of the city, by
ordinance, to remove and prevent all obstructions in the
Mississippi river within said city, and to widen, straighten
or deepen the same ; to improve and preserve the naviga-
tion thereof, and to erect, repair and regulate wharves and
docks, and to regulate the rates of wharfage within the
limits of the city ; to borrow money on the credit of the
city, and issue the bonds of the city therefor, but no sum of
money shall be borrowed at a higher rate of interest than
the rate allowed by law ; all bonds shall specify for what
purpose they were issued and shall not be valid if sold for
less than their par value ; to appropriate money and to
provide for the payment of the debts and expenses of the
city.
§ 3. The city council shall have power to make regula-
tions to prevent the introduction of contagious diseases in
Contagions ciis- the city, to make quarantine laws for that purpose, to en-
eases, force them in the city and within five miles thereof; to
make regulations to secure the general health and comfort
of the inhabitants ; to prevent, abate and remove nuisances
and to punish the authors thereof, by penalties, fine, and
imprisonment ; to define p nd declare what shall be deemed
nuisances and authorize and direct a summary abatement
Water. tliercof*, to ])rovide the city with water; to make, regu-
late and establish public wells, pumps, cisterns, hydrants
and reservoirs in the streets within the city or beyond
the limits thereof, for the extinguishment of fires and
the convenience of tlie inhabitants, and to prevent the
unnecessary waste of water; to have the exclusive con-
trol and power over the streets, alleys, landings and public
grounds and highways of the city, and to abate and remove
any encroachments or obstructions thereon ; to open, alter,
abolish, widen, extend, straighten, establish, regulate, grade,
re-grade, clean or otherwise improve the same ; to put drains
and sewers therein and to prevent the encumbering thcrcoi in
any manner, and to jn-otect the same from any encroacli-
Bridges, etc. mcut or injury. To establish, erect, construct, regulate and
keep in repair bridges, culverts and sewers, sidewalks and
crossways, and regulate the construction and use of the
same, and to abate any obstructions or encroachments
thereon ; to establish, alter, change and straighten the chan-
nels of water courses and natural drains, to sewer the same
CITIES. 5T9
or wall them up aud cover them over, aud to prevent, regu-
late and control the filling up, altering or changing the
channels thereof by private persons. To establish aud
erect markets and market houses and other public build- Markets.
ings of the city, and provide for the government and regu-
ladon thereof, and their erection and location and to
authorize their erection on the streets and avenues or pub-
lic grounds of the city, and the continuation of such as are
already erected on the same. To license or tax insurance
companies or their agents and insurance brokers, for the
purpose of procuring apparatus for the extinguishment of
fires and the procaritig and establishing proper water reser-
voirs for the same purpose. To erect and establish a
workhouse or house of correction, make all necessary regu- Workhouse?.
lations therefor and appoint all necessary keepers or assis-
tants ; in such workhouse or house of correction may be
confined all vagrants, stragglers, idle and disorderly per- vagratnts.
sons who may be committed thereto by the proper officers,
and all persons sentenced b\ any criminal court or magis-
trate in and for the city, for any assault and battery, petty
larceny or other misdemeanor, punishable by imprisonment .
in any county jail ; and any person who shall fail or neg-
lect to pay any fine, penalty or costs imposed for any ^
misdemeanor or breach of any ordinance of the city, may,
in stead of being committed to jail, be kept therein subject
to labor and confinement. To annually levy and collect
taxes on all property subject to taxation, when required fo]*
the erection of markets, hospital or workhouse ; the pur-
chase of steam fire engines and all other apparatus used Firedepait-
for the extinguishment of fires, the purchase of market '"^'^ '
grounds, public squares, landings or for any other public
improvements : Provided., the estimated cost of a steam fire
engine and necessary apparatus, or of a workhouse or
market h^use, may be apportioned by the common council
and collected by a series of annual assessments. But no
tax or taxes shall be levied in any one year, under this
section, which shall exceed five mills on the dollar on the
property assessed for any or all the purposes herein speci-
fied. The revenue arising from such markets, landing or
other improvements, shall be applied to liquidating the
costs thereof, and taxes shall bo levied and collected to
make up the deficiency.
§ 4. The common eoiiiicil shall have power, by m-di- streets, aiicy?,
nance, from time to time, to cause any street, alley or ^^^'
highway to be graded, re-graded, leveled, paved, re-paved,
macadamized or planked, and to keep the same in repair ;
to cause cross and sidewalk, main drains and sewers, gutters, rtiaeuaik-.
private drains and aqueducts to be constructed and laid, re-
laid cleansed and repaired, and regulate the same ; to grade,
improve, protect and ornament any public square or land-
ing now or hereafter laid out, and may cause such improve-
580
Exi)eiiilitures.
Kcpciil of (
nances.
Fines i
aUie.s.
ments to be paid for out ot the general fuud of said city, or
may cause the costs of such improvements to be assessed
upon the property deemed benefited thereby in proportion
as near as may be to the benefits.
§ 5. The corporate authorities of the city of Alton are
hereby authorized to issue bonds of the city of Alton, pledg-
ing for the security of the payment of the same the revenue
which may be derived from the public landing of the city of
iilton, under the ordinances which may be passed by said
city : Provided^ the amount of said bonds shall at no time
exceed in the aggregate the sum of fifty thousand dollars,
nor bear a greater rate of interest than eight per cent, per
annum.
§ 6. The common council of the city of Alton are
liereby authorized to issue the bonds of the city in any sum
not exceeding one hundred thousand dollars for the purpose
of improving streets, roads and In-idges within the corpo-
rate ifmits of said city, rn- for any otlier public improve-
ments, or for the purciuise of steam fire-engines and neces-
sary apparatus for the extinguishment of fires ; Provided,
said bonds shall not bear a greater rate of interest than
the rate allow^ed by law, nor be issued except in pay-
ment for work done, labor expended or jnaterials furnished
under a contract with the city of Alton, or for steam fire-
engines and apparatus actually purchased.
§ 7. The common council shall, in all expenditures lor
the purposes strictly local, expend annually in the several
wards of the city, such proportion, as nearly as may, of
the whole expenditures for like purposes during the same
period as will correspond to the several sums contributed by
each ward to the general fund ; road taxes shall be ex-
pended in the several wards or districts where the persons
paying the same may res])ectively reside.
§ 8. The connnon council shall have powder to pass, pub-
lish, amend and repeal all ordinances, rules and police
regulations not contrary to the constitution of the United
States or this state for the good government, order and
peace of the city and the ti-ade and commerce thereof that
may be necessary or proper to carry into eftect the powers
vested by this- act in the corporation, the city government or
any department or officer thereof; to enforce the observance
of all such rules, ordinances and police regulations and to
. punish violations thereof by fines, penalties and ini])rison-
ment in the city prison, or work-house, or both, in tiie dis
cretion of the court or magistrate before whom conviction
may be had; but no fine or penalty shall exceed five hun-
dred dollars, nor the imprisonment six months for any
offence, and such fine or penalty may lie recovered, with
costs in action for debt, in the )iame of and for the use of
the city, before any court having jurisdiction, and pnnisli-
ment inflicted on any pei'son upon whom any fine or pen
CITIES. 581
alty is imposed, shall stand committed until the payment of
the sum, with costs, and in default thereof may be impris-
oned in the city prison or work-house or be required to labor
on the streets or other ])ublic Avorks of the city for such
time and in such manner as may be provided by ordinance.
§ 9. The common council shall, at least ten days before statement of
the annual election in each year, cause to be ])ublished
in the corporation newspaper, a correct and full statement
of the receipts and expenditures from the date of the last
annual re]X)rt, together with the sources from whence the
funds are derived, and the mode of disbursement; also, a
distinct statement of the whole amount assessed, received
and expended in the respective wards and divisions for
making and repairing streets, highways and bridges, for the
same period, together with such information as may be
necessary to a full understanding of the financial concerns
i)f the city.
§ 10. The said city shall remain divided into four wards, Wards,
as the same existed during the year eighteen hundred and
sixty-six, and the said wards, or any of them, shall not be
changed, diminished or enlarged at any time after the first
day of January, eighteen hundred and sixty-seven, and all
by-laws or ordinances of said city inconsistent or conflicting
herewith be and the same are hereby declared null and void.
^ 11. This act shall be deemed a public act, and may be Construction o
read in evidence without proof, and judicial notice shall be
taken thereof in all courts and places, and shall take effect
and be in force from and after its passage, and all acts and
parts of acts conflicting with this act are hereby repealed.
Approved February 25, 1867.
AX ACT to incorporate tlie oitv of Mount Carroll. In force Ffh. 20
1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ repreiented in the General Assembly, That the
inhabitants of all that district of country, in the county of
Can-oil and state of lUinois, contained within the limits and
boundaries hereinafter prescribed, shall be a body politic
and corporate, under the name and style of " The City of ^'a'"^' •'"'' ^'y'*
Mount Carroll," and by that name shall have perpetual suc-
cession, sue and be sued, plead and be impleaded, complain
and defend in all courts of law and equity, in all actions
whatsoever, and may make and use a common seal, and
alter the same at pleasure; to take and hold, receive, pur-
chase and lease property, real and personal and mixed, as
the purposes of the corporation may require, within or
without the limits and boundaries of said city ; to sell, lease.
582 CITIES,
convey or dispose of property, real, personal and mixed,
and to improve and protect said property, and to do all
other things in relation thereto as natural persons.
Limits. § 2. The corporate limits and jurisdiction of the city of
Mount Carroll shall embrace and include within its bound-
aries the following territory, viz : The east iialf of sections
number one (1) and twelve (12), in township number twenty-
four (24), north of the base line, in range number four (4)
east of the fourth principal meridian, and the west half of
sections number six (6) and seven (7), in township number
twenty-four (24), north of the base line, in range number
• five (5), east of tiie fourth principal meridian, and whenever
any tract of land adjoining the said limits, or any additions
to said city shall be laid off into town lots, and the plat
thereof shall be recorded, the same shall be and form a part
of the city of Mount Carroll, as fully as if within the origi-
nal corporate limits.
Wards. § 3, Thc city of Mount Carroll shall at present consti-
tute one ward and one election district, and that the common
council shall have power, by ordinance, to divide said city
into as many wards as they may think necessarj^ for the
convenience of the people, and to change and alter the
boundaries of said wards, and whenever said city shall be
divided into wards, as herein provided, each ward shall con-
stitute an election district and be entitled to two aldermen.
City o[iiccr.s. § 4. The municipal government of the city shall consist
of a common council, composed of the mayor and four alder-
men. The other officers of the corporation shall l)e as fol-
lows : A clerk, a treasurer, an attorney, a street commis-
sioner, a police magistrate, a marshal, an assessor, a collector,
and as many policemen and such other officers and agents
as may be provided for by this act, or the common council
may from time to time decide. The mayor, aldermen and
police magistrate shall be elected by the legal voters of said
city. All officers elected or appointed under this act, except
the police magistrate, shall hold their offices for one year,
and until the election or appointment and qualilication oi'
their successors respectively. All officers mentioned in this
act, and not otherwise specially provided for, shall be ap-
pointed by the common council by ballot, on the third Mon-
day of April in each year, or as soon thereafter as may be,
but the common council may sjiecially authorize the appoint-
ment of watchmen and policemen, b}' the mayor, to continue
in office during thc pleasure of the common council : Pro-
vided, tl;e mayor or marshal may be authorized to remove
them from office for good cause. All officers elected or
appointed to fill vacancies shall hold for the unexpired term
only, and until the election or appointment and qualification
of their successors.
Time 01 oioo- § 5. On the first Monday in the nuMith of April, a. d.
tions; j3^3^ .jjj,.] ^^^ t]^^ ^i,.g(. Monday in the nionth of April, in
CITIES. 583
tjacii year thereafter, an election shall be held in said city,
for one mayor and four aldermen, who shall hold their
offices for one year and until their successors are elected and
qualified, which iirst election shall commence at ten o'clock
in the forenoon and close at four o'clock in the afternoon of
said day, and any two of the present trustees shall be judges
of said election, who shall appoint their own clerks, receive
and canvass the votes, declare the result, furnish to each of
the persons elected a certificate of his election ; all subse-
quent elections shall be held and returns made and con-
ducted as may be prescribed by ordinance.
§ 6. At said first election as aforesaid, and every four poiico magis-
years thereafter, there shall be elected one police magis- ^™*®'
trate, to be elected and qualified as provided by an act en-
titled " An act for the better government of towns and
cities, and to amend the charters thereof," approved Feb-
ruary 27, 1854, and ail the provisions of said act and amend-
ments are hereby declared applicable to said police magis-
trate.
§ 7. All male inhabitants of said city shall be entitled Qualified voters
to vote for city officers who are qualified to vote for state
officers, and shall have resided in said city thirty days next
before any such election.
§ 8. The president of the town of Mount Carroll, and President.
the trustees thereof, shall be the mayor and aldermen of
the city of Mount Carroll until their successors are elected
and qualified. The present police magistrate shall be the
police magistrate of said city until his successor is elected
and qualified.
§ 9. Every person elected or appointed to an executive, oath of office,
judicial or administrative office under this act, shall, before
he enters upon the duties of his office, take and subscribe
an oath to support the constitution of the United States,
and of this state, together with the additional oath pre-
scribed in the constitution of this state for officers, and also
that he will well and truly perform the duties of his office *
according to law and the best of his skill and ability.
§ 10. ISTo person shall l^e eligible to any of the offices Eligibility.
elective by the people, unless he shall at the same time be
a legal voter of said city, and shall have resided therein at
least one year previous to the time of his election, and a
freeholder within the city.
§ 11. The common council shall judge of the qualifica- Election returns
tions of its officers, and also of the election returns, and
shall determine all contested elections, as shall be prescrib-
ed by ordinance.
§ 12. A majority of the common council shall form a Quoruin.
quorum to do business, but a smaller number may adjourn
from time to time, and compel the attendance of absent
members, under such penalties as they may prescribe by
ordinance.
584
Rules of pro-
ceedings.
Journal of pro-
ceedings.
Vacancies.
Vacation of of-
fice.
Presiding officer
Councilmen not
to hold other
office.
Stated meetinga.
j^.ond and sure
ties.
Componsiition.
Further powers.
§ 13. The commou council shall have power to pre-
scribe the rules of its proceedings, punish its members for
disorderly conduct, for any violation of its rules, and with
the concurrence of two-thirds of the members elected to ex-
pel a member.
§ 14. The common council shall keep a journal of its
proceedings, and the yeas and nays, when demanded by
any member present, shall be entered upon the journal.
§ 15. All vacancies which shall occur in the common
council, or in the office of police magistrate, shall be filled
by election.
§ 16. Whenever there shall l)e a tie in the election of
mayor, alderman or police magistrate, the judges of election
shall certify the same to the mayor, who shall determine
the same by lot, in such way as shall he provided by ord-
inance.
§ IT. If any of the elective officers of said city shall re-
move from said city during the term for which they have
been elected, the office of the person so removing shall be-
come vacant.
§ 18. The mayor shall preside over the meetings of the
common council and see that all the ordinances of the city
are enforced, respected and observed, and that all the of-
ficers of the city discharge their respective duties. In the
absence of the mayor, any one of the aldermen present may
be appointed to preside. In case of a tie, the mayor shall
have the casting vote, but no other.
§ 19. No member of the common council shall, during
the period for which he was elected, be appointed to, or be
competent to hold, any office of which the emoluments are
paid from the city treasury, or paid by or directed to be
paid by any-act or ordinance of the common council ; or be
directly or indirectly interested in any contract, the ex-
penses or consideration whereof are to be paid under any
ordinance of the common council. The members of the
common council shall be conservators of the peace, and
shall be exempt from jury duty and road and street labor
during their term of office.
§ 20. There shall be twelve stated meetings of the com-
mon council in each year, at such times and places as may
be prescribed by the common council. Special meetings
may be called by the mayor or any two of the aldermen.
§ 21. The common council shall have ]>ower to require
all city officers to give bond with sufficient sureties for the
due performance of all the duties of their respective offices.
§ 22. The city officers, except in cases in which their
compensation is regulated by law, shall receive such reason-
able fees or compensation as the common council shall, by
ordinance, order or resolution, direct and appoint.
§ 23. The common council shall have power from time
[to time] to require and prescribe other and further powers
585
and duties of all officers whose powers and duties are here-
in prescribed ; and prescribe and determine the powers,
duties and liabilities of all officers appointed or elected to
any office under this act, and whose powers, duties and lia-
bilities are not herein specitically mem;ioned.
§ 2i, All officers of the city'created conservators of the Arrests.
peace by this act, or authorized by any ordinance, shall have
power to arrest or cause to be arrested, with or without pro-
cess, all persons who shall break the peace or threaten or at-
tempt to break the peace, or be found violating any ordi-
nance of the city, commit for examination or trial, and, if ne-
cessary, detain such persons in custody over night or the
Sabbath, in the city prison or county jail, or other safe place,
or until they can be brought before a proper magistrate, and
shall have and exercise such other powers as conservators of
the peace, ?s authorized by law or prescribed by ordinance.
§ 25. The city marshal shall be a conservator of the Marshal.
peace, and shall have power to suppress riots and breaches
of the peace, and to take into custody any person who
shall in his presence be engaged in the commission of any
Buch offence, or any indictable offence, and take such per-
son before the proper magistrate for examination or trial ;
said marshal shall also have power to restrain, for a reason-
able time, all persons who shall he found drunk, or who
shall threaten or attempt to break the peace, or who shall
violate, or threaten, or attempt to violate any ordinance or
police regulation of said city; and he shall be authorized to
command assistance for such purpose of every male inhab-
itant of said city over the age of eighteen years, to aid in
the enforcing of the laws and ordinances of said city ; and
any person who shall without legal cause, not obey such
call, shall forfeit to said city a hue not exceeding live dol- *
lars and not less than three dollars, to be recovered in an
action of debt in any court of competent jurisdiction ; and
he may commit any such person to the city or county jail,
and if necessary there detain such person over night, or the
Sabbath, or until they can be brought before the proper
magistrate for trial. The city marshal shall have power to
execute writs or any other process isstied by the police
magistrate or any justice of the peace in said city, any-
where within the limits of the county of Carroll, and shall be
entitled to the same fees for traveling as are allowed to con-
stables in similar cases. The said city marshal, by virtue
of his office, shall be a constable of Carroll county, with
power to serve processes, and to do all acts that a constable
may lawfully do, and shall receive the same fees as are al-
lowed to other constables by law, and shall give bond, as
other constables are required by law to give, which bond
shall be filed in the office of the city clerk.
§ 26. The clerk shall keep a record of the proceedings cierit
of the common council, at whose meetings it shall be his
Yol. 1—48
586
CITIES.
Attoruey,
Street commis-
sioner.
duty to attend ; and copies of all papers duly filed in Ms
office, and transcripts from the record of the proceedings
of the common council, certified by him under the corpo-
rate t^eal, shall be evidence in all courts, in like manner as
if the originals were ]>roduced. He shall likewise draw all
warrants upon the treasury, and sign the same, and keep an
accurate account thereof, in a book to be provided for that
purpose. He shall also have power to administer any oaths
required by the laws of this state, or by this act or the ordi-
nances of said city ; and shall be the keeper of the corpo-
rate seal.
§ 27. It shall be the duty of the city attorney to con-
duct all the law business of the corporation, and all other
law business in which the city shall be interested, when so
ordered by the common council. He shall draft all ordi-
nances, bonds, contracts, leases, conveyances and such other
instruments of writing as may be required by the business
of the city, and to perform such other duties as may be
prescribed by the ordinances of the city.
§ 28. The city treasurer shall receive all moneys be-
longing to the city ; and keep an accurate account of all re-
ceipts and expenditures.
§ 29. All warrants drawn upon the treasurer must be
signed by the clerk and countersigned by the mayor, stat-
ing therein the particular fund or appropriation to which
the same is chargeable, and the person to whom payable ;
and no money shall be otherwise paid than upon such war-
rant so drawn. The treasurer shall keep a separate ac-
count of such fund or appropriation, and the debits and
credits belonging to them, and to perform such other duties
as may be ordained by the common council.
. § 30. It shall be the duty of the city collector to collect
all taxes and assessments which may be levied by said city,
and perform such other duties as may be ordained by the
common council.
§ 31. The city assessor shall perform all the duties in
relation to the assessing of property for the purpose of
levying the taxes imposed by the common council. In the
performance of his duties he shall have the same powers
as are or may be given by law to county or town assessors,
and be subject to the same liabilities.
§ 32. It shall be the duty of the street commissioner to
superintend all local improvements in the city, when so in-
structed by the common council, and to carry into effect all
orders of said council in relation thereto. It shall be his
duty to superintend the opening of streets and alleys,
and the grading, improving and repairing of the same, the
construction and rcfairing of bridges, culverts and sewers ;
to order the laying, relaying and repairing of sidewalks ; to
give notice to owners of property adji^ining such side-
walks, when required, and upon the failure of any person
CITIES. 587
to comply with ench notice, to cause the same to be laid, re-
laid or repaired, and apportion the costs thereof among the
persons or lots properly chargeable therewith, in propor-
tion to the benetits resulting thereto, and deliver the ac-
count thereof to the city clerk,, to be laid before the coun-
cil ; to make plans and estimates of any work ordered in
relation to streets and alleys, bridges, culverts or sewers ;
to keep full and accurate accounts in appropriate books of
all appropriations made for work pertaining to his office,
and of all disbursements thereof, specifying to whom made
and on what account, and he shall render accounts there-
of, and of all his proceedings, to the common council as
often as required by them. He shall also see that the
streets, alleys and sidewalks are kept free and clear of all
obstructions, and do and perform ail other acts and duties
required of liim by the common council.
^ 33. If any person having been an officer in said city Penalties for
1 ^,, . , •. ^ , ,P -n ■ 1 •' non-surrender
shall not, withm ten days after notmcation and request, of office pa-
deliver to his successor in office all property, papers and ^^^^'
eflects of every description in his possession, belonging to
said city, or appertaining to the office he held, he shall for-
feit and pay fur the use of the city one hundred dollars, be-
sides all damages caused by his neglect or refusal so to de-
liver; and such successor shall and may recover possession
of the books, papers and property appertaining to his office
in the manner prescribed by the laws of this state.
§ 34. The common comicil shall have the management. Finances and
disposition and control of the finances and all the property, peny.'**' ^^°'
real, personal and mixed, belonging to the corporation ;
and shall likewise have power within the jurisdiction of the
city by ordinance —
J^irst. — To restrain and prohibit all description of gaming Games and
and fraudulent devices and all playing of dice, cards and 8*°^^°s-
other games of chance, with or without betting.
fSeco/id. — To license, tax, and regulate, suppress and pro- Billiard tabiei,
hibit bilUard tables, and all other gaming tables, pin and
ball allejs, and to authorize the destruction and demolition
of all instruments and^devices used for the purpose of gaming.
Third. — To restrain, regulate, prohibit and suppress tip-
pling houses, dram shops, gambling houses, bawdy houses. Disorderly
houses of ill fame, and other disorderly houses; and to license,
restrain, regulate, prohibit and suppress the selling or giving
away of any ardent spirits or intoxicating liquors, whether Ardent spirits,
ardent, vinous or fermented, by any person within the city,
(except by persons duly licensed,) except for sacramental,
mechanical or medicinal purposes.
FoiLith. — To tax, license and reo-ulate auctioneers, mer- Merchants, ped.
1 i 1 II -1 1. . . T dlersjctc.
chants, peddlers, retailers, grocers, taverns, ordinaries, hawk-
ers, brokers and pawn brokers.
Fifth. — To tax, license, regulate and suppress hackmen, vehicles, etc.
draymen, wagoners, carters, porters, omnibus drivers, cab-
588 CITIES.
men, and all others, whether in the permanent employ-
ment of any individual, Urm or corporation, or otherwise,
who may pursue lilie occupations, with or witliout veliicles,
and prescribe their compensation.
Exhibitions. 8ixth. — To license, tax and regulate theatrical and other
exhibitions, shows and other amusements.
Issuing license. Seventh. — To authorize the mayor or other proper ofBcer
of the city, to grant and issue licenses, and direct the man-
ner of issuingand registering thereof, and the fees to be
paid therefor. No license shall be granted for more than
one year. Not less than one dollar, nor more than three
hundred dollars, shall be required to be paid for any license
under this act : Provided^ the sum of money required to
be paid for a license to keep grocery, tavern, and to retail
vinous, spirituous, mixed, intoxicating or fermented liquors,
need not be uniform, but the common council may, in their
discretion, fix the rate for such license, so that the same may
be applied to any particular portion of the city, to be speci-
fied by ordinance. A bond, with surety, shall be taken on
the granting of such license, for the due observance of the
ordinance or regulations of the common council.
Riots and af- Eighth. — To supprcss and prevent any riot, noise, disturb-
frays. aucc, or disorderly assemblage.
^„ . ,^ Ninth. — To compel the owner or occupant of any grocery,
Offensive estab- ,, ,, *,. ,iii •
lishments. cellar, tallow or soap lactory, tannery, stable, barn, privy,
sewer, drain or other unwholesome, nauseous or nuisance,
house or place, to cleanse, remove or abate the same from time
to time, as the health and comfort of the public may require.
Markets. Tenth. — To establish and regulate markets and other
public buildings, and determine their location'; and license
Butchers. and prohibit butchers, and revoke their licenses for malcon-
duct in the course of trade ; to regulate, license and restrain
Fish. the selling of fresh meats, fresh fish and vegetables in the
city, and restrain and punish for selling.
Distilleries tan- Eleventh. — To direct the location and management of^
neries,etc. and regulate breweries, tanneries, and packing houses, and
to direct the location, management and construction of, and
regulate, restrain, abate and prohibit within the city, distil-
leries, slaught';r houses, establishments for rendering or
steaming tallow, ofial, and such other substances as can or
may be rendered, and establishments or places where any
nauseous or otfensive or unwholesome business may be car-
ried on.
Twelfth. — To direct and prohibit the location and man-
ageincnc of houses for the storing of gunpowder, and other
Combustible and dangerous materials within the city.
Th'u'teenth. — To regulate the keej)ii\g and conveying of
gun powder and other combustible and dangerous materials,
and the use of candles and lights in barns, stables and out
houBes.
storage of co
bustibles.
CITIES, 589
Fourteenth. — To prevent horse racing, immoderate riding Horse racing,
or driving in the streets, and to authorize jjersuns immoder- '^'.''^'^g ^"^ 'ir-
ately riding or driving, as aforesaid, to be stopped by any
person and to punish and prohibit the abuse of animals ; to
compel persons to fasten their horses, oxen or other animals
attached to vehicles or otherwise, while standing or re- ^"^'liJ^^Yo ve-
maining in the streets, or alleys, or any place within the limits ^^^^^' -tc.
of the city, and also to regulate the rate of speed at which ^^^^y°l ^°*^°*
locomotives and railroad cars may be driven in said city.
Mfteentk. — To prevent the encumbering, or obstructing Obstructions.
of sidewalks, streets, lanes, alleys, avenues, public grounds
with carriages, carts, sleighs, sleds, wagons, wheelbarrows,
boxes, lumber, timber, firewood, posts, awnings, signs, or any
other substance or materials whatever.
ISixteenth. — To prevent any person from bringing, deposit- Dead bodies,
ing or leaving within the limits of the city, or depositing or
throwing into the Carroll creek, any dead carcass, or any
other unwholesome or offensive substance, and to require unwholesome
the removal or destruction, l)y any person who shall have ™^***'^''<=-
placed or caused to be placed upon, or near his premises,
any such substances, or any putrid or unsound beef, pork,
meat or fish, hides or skins of any kind, and, in his default, to
authorize the removal or destruction of the same, by some
officer of the city,
Seventeenth. — To regulate and determine the times and BatMngand
places of bathing and swimming in Carroll creek, and to ^"™'"'°=-
prevent lewd and obscene or indecent exhibitions, exposure
or misconduct, or of the use of obscene or indecent lantjuao-e ; obscene lan-
to restram and punish vagrants, mendicants, street beggars Mendicants.
and prostitutes.
Eighteenth. — To restrain, regulate or prohibit the running Animals atiarge
at large of cattle, horses, swine, sheep, goats, geese, turkeys,
chickens or other animals or fowls, and to authorize the im-
pounding and sale of the same for the penalty incurred, and
the costs of the proceedings, and also to impose penalties on ■
the owners of any such animals or fowls, for a violation of
any ordinance in relation thereto.
Nineteenth. — To prevent and regulate the running at Dogs, sheep, etc,
large of dogs and sluts, and to authorize the destruction of
the same, when at large contrary to ordinance ; to prevent
and regulate the rolling of hoops, playing of ball, flying of
kites ; to prevent the tiring of crackers, squibs, rockets,
firearms, and all manner of fireworks within the city, or any Fira arms,
amusement or practice having a tendencj' to annoy persons
passing on the streets or sidewalks, or to frighten teams or
horses.
Twentieth. — To compel all persons to keep the snow, ice, R'^i^'^'sh, etc.
dirt or rubbish from the sidewalks, in front of the premises
owned or occupied by them; to prevent or regulate the
ringing of bells, blowing of horns and bugles, crying of BeUs and horns,
goods, and all other noises, performances and devices, tend-
590
CITIES.
Breaches of the
peace.
Wooden build-
ings.
Public property.
General health.
Lights and
lamps.
Streets, alloys
and higliways.
Births and
deaths.
ing to the collection of persons on the streets or sidewalks,
by auctioneers or others, tor the purpose of business, amuse-
ment or otherwise ; to estal^lisli and erect pounds, and regu-
late the same, and to provide penalties and lines for the
breach thereof, or any injury thereto ; to establish, make
and maintain puljlic cisterns and reservoirs, and to dig wells
and erect pumps in the streets, for tiie extiui^uishment of
fires, and the convenience of tiie inhabitants : to provide
for the prevention and extinguishment of tires, and to
organize and establish fire companies, and to regulate the
same, and to regulate the building and fixing of chimneys,
flues and stove pipes ; to prevent the deposit of ashes iu
unsafe places.
Twenty-jirst. — To prescribe limits within which wooden
buildings shall not be erected or placed, or repaired or
removed without the permission of the common council,
and to direct that all and any buildings within the limits
prescribed, shall be made and constructed of fire proof
materials exclusively, and to prohibit the repairing or
rebuilding of wooden buildings within the tire limits, when
the same shall have been damaged to the extent of tifty per
cent, of the value thereof, and prescribe the manner of ascer-
taining such damage.
Twenty second. — To prohibit and punish any willful or
malicious destruction of public or private property ; to fence,
improve, ornament and protect any public grounds, and to
cause shade trees to be planted in the same ; to direct and
regulate the planting and preserving of ornamental and
shade trees in the streets, alleys and highways; to take an
enumeration of the inhabitants of said city, as often as they
shall judge it necessary.
Twenty-third. — To secure the general health of the inhab-
itants of the city; to make regulations to prevent the intro-
duction of contajjious diseases into the city ; to establish
hospitals and pest houses, and to provide tor the removal
of patients thereto ; to prevent the spread of contagious
diseases, and make quarantine laws for that purpose.
Twenty -fourth. — To erect street lamps, and regulate the
lighting thereof, and from time to time create, alter and extend
lamp districts ; to have exclusive power over the streets
and alleys, and remove and abate any obstructions and
encroaciiinents therein ; to abate and remove nuisances, and
punish the authors thereof by penalties, tines and imprison-
ment, and detine and declare what shall be deemed nuis-
ances, and authorize and direct the summary abatement
thereof.
Twenty-fifth. — To regulate the burial of the dead, and the
registration of births and deavhs ; to direct the returning
and keej)i ng bills of mortality, and to impose penalties
on physicians, sextons and others, for any default'in relation
thereto.
CITIES. 591
Twenty-sixth. — To regulate the measurement and inspec- Lumber,
tion of wood, lumber, shino-les, timber, posts, staves and head-
ingand all building materialc?, and to appoint one or more
inspectors ; to regulate the weighiDg and place and manner Fuel,
of storing and selling hay ; to regulate the weighing and
selling of coal, and the place and manner of selling the saoie ;
to regulate the inspection of tiour, meal, pork, beet, puultry
and other provisions, and salt to be sold in barrels, hogsheads Provisions.
or other packages ; to regulate the inspection of whisky and
other liquors, to be sold in barrels and other vessels; to create
and regulate the police of said city ; to appoint inspectors, Weights and
weighers, gaugers, and regulate their duties, and prescribe '"''^®^^^®^-
their fees ; to exclusively control, regulate, repair, amend
and clean the streets and alleys, sidewalks and crosswalks, streets and al-
and other public grounds, and open, widen, straighten and
vacate streets and alleys, and put drains and sewers therein.
Twenty-seventh. — To borrow money, not exceeding one indebtedness,
thousand dollars in any one year, without a vote of the
legal inhabitants of said city, and pledge the revenues of
the city for its payment, and issue bonds therefor.
Twenty-eighth. — To fill up, drain, cleanse, alter, relay. Drains, sinks,
repair and regulate any grounds, yards, barns, slips, cellars, ^^'^'
private drains, sinks and privies, direct and regulate their
construction, and cause the expenses to be assessed and col-
lected in the same manner as sidewalk assessments.
Twenty-ninth. — To authorize and direct the taking up and Destitute chii-
providing for the safe keeping and education, for such periods
of time as may be deemed expedient, of all cinldren who are
desrtitute of proper parental care, wandering about the
streets, committing mischief, and growing up in mendicancy,
ignorance, idleness and vice.
Thirtieth. — To erect and establish a work-house, a house Woric house,
of correction, make all necessary regulations therefor, and
appoint all necessary keepers and assibtants. In such work-
house or house of correction may be confined all stragglers,
vagrants, idle and disorderly persons who may be committed
thereto by any proper officer, and all persons sentenced by
any criminal court or magistrate, in and for the city, or for
the county of Carroll, for any assault and battery, petit
larceny, or other misdemeanor, punishable by imprisonment
in the county jail ; and any person who shall fail or neglect
to pay any fine, penalty or costs imposed by any ordinance
of the city for any misdemeanor, breach of any ordinance
of the city may, instead of being committed to the county jail
of Carroll county, be kept therein and be subject to hard
labor and confinement.
Thirty first. — To appropriate money and provide for the
paytnent of debts and expenses of the city, aod all moneys
collected under and by authority of any city ordinance shall
be deemed and taken to belong to said city.
Thirty-seconcL — The common council shall have power to ^'^rdfuln^el"'
pass, publish, amend and repeal all ordinances, rules and
592
CITIES.
Publication of
ordinances.
Proof of ordi-
nances.
Financial state-
ments.
police regulations not contrary to the constitution of the
United States or of this state, for the good government, peace
and ordei of the city and the trade and commerce thereof that
may be necessary and proper to carry into effect the powers
vested by this act in the corporation, the city government or
any department or officer thereof; to enforce the observance
of all such ordinances, rules or police regulations, and to
punish violations thei^eof by tines, penalties and imprison-
ment in the county jail, city prison or work-house, or both,
in the discretion of the magistrate or court before whom
conviction may be had ; but no fine or penalty shall exceed
one hundred dollars nor the imprisonment six months for
any offence, and such fine or penalty may be recovered with
costs, in an action of debt in the name and for the use of the
city, before any court having jurisdiction, and punishment
inflicted ; and any person upon whom any fine or penalty
is imposed, shall stand committed until the payment ot the
same and costs, and in default thereof may be imprisoned
in the county jail, city prison or work-house, or be required
to labor on the streets or other public works of the city for
such time and in such manner as may be provided by
ordinance.
Thirty-third. — The style of the ordinances of the city
fehall be, " Be it ordained by the common council of the
city of Mount Carroll."
Thirty-fourth. — All ordinances of said city, before they
come in force, shall he published -ten days, either by posting
written or printed notices thereof in three public places in
said city, or by one insertion in a newspaper published in
said city.
Thirty-fifth. — All ordinances of said city may be proven
by the seal of the corporation, and when printed or pub-
lished in book or pamphlet form, purporting to be printed
and published by authority of the city, the same shall be
received in evidence in all courts and all places without fur-
ther proof.
§ 35. The common council shall cause to be published
annually a full and complete statement of all moneys re-
ceived and expended by the corporation during the pre-
ceding year, and on what account expended.
§ 86. The common council shall have power, by ordi-
nance, to annually levy and collect upon all property, real,
personal and mixed, in said city, which shall be subject to
taxation by the state and county, not exceeding one per
cent, upon the assessed value thereof, and may assess and
enforce the collection of the same by any ordinance not re-
pugnant to the constitution and laws of this state or of the
United Srates; or the said common council may, if they
think proper so to do, by order, resolution or ordinance,
adopt the annual assessment made of the property in said
city by the town assessor, and cause the same to be collected
Cltllss. ^^^
by the town collector, aud if said commou couucii Bliali de-
termine to adopt the assessment made by the authority of
the state and county, they shall give to the county clerk no-
tice of their determination so to do, and the rate ot taxation,
and npon the receipt thereof said tax shall be extended and
collected and its collection enforced in the same manner as
other revenue: Bwz'c^ec?. that nothing contained m this act
shall be so construed as to prevent said common council
from providing for the assessment and collection of such
taxes by ordinance. o ai *
§ 37. The common council sliall also have power by ^r^^i ^^^^'
ordinance to levy and collect a special tax on the lots in any
street, lane, avenue or alley, in proportion to the benehts
resulting thereto, for the purpose of building sewers, water
ways, and for paving, flagging, grading or planking any
sidewalk, avenue or street, to the center of the same.
5 38. The common council, by ordinance, may require
every able-bodied male resident of the city, over the age ol
twenty-one years aud under fifty years, to labor not exceed-
ino- three days in each year, upon the streets, alleys and
avwies of said city, at such time and in such manner as
the street commissioner may direct, but any such person
may, at his option, pay in lieu thereof, one dollar for each
day he shall be so assessed to labor, and such labor or pay-
ment shall be in lieu of labor required to be performed upon ^
any road, street or alley, by any law in this state, and m
default of the performance of such labor or payment ot such
money, the party thus neglecting shall forfeit and pay the
sum of two dollars for each and every day so neglected or
refused to be paid in labor or money, as aforesaid, to be
recovered by the city before the police magistrate or any
iustice of the peace of said city. , „ ,•
S 39 All ordinances heretofore passed or that may be P'o.ecm.oi
passed by the president and trustees of the town of Mount
Carroll, shall remain in full force until repealed by the com-
mon council, and all rights, actions, fines, forfeitures and
penalties, in suit or otherwise, which have acci-ued to the
loresident and trustees of the town of Mount Carroll, shall
be vested in and prosecuted by the corporation hereby
created. , . • i i i •
^ 40 All property, real, personal and mixed, belonging
to the president and trustees of the town of Mount Carroll
is hereby vested in the corporation created by this act.
S 41. In all cases under the ordinances of said city, change of ^
changes of venue and appeals shall be allowed, as in other
cases before justices of the peace. , , . , . ,„competeDt
^^ 4-'> No person shall be an incompetent judge, magis- ^uaTerlnd
trate, iustice, witness or juror by reason of his being an witne..eB.
inhabitant of said city, in any action or proceeding m which
the city is a party in interest.
Vol. 1—49
f vena
594 CITIES.
Construction of § 43. This Ect is hereby declared to be a public act, and
**'*'• may be read in evidence in all courts of law and equity in
this state, without proof.
Elections for or § 44. All acts or parts of acts coming within the pro-
against charter, ^.jg^^^g qj.' ^|^jg charter, or contrarY to or inconsistent with
its provisions, are hereby repealed. This act shall be sub-
mitted to the legal voters of the territory herein named at
the next regular town meeting. The tickets shall be in-
dorsed " for the act " or " against the act," and if a majority
of the votes cast are "for the act," the same shall become a
law, but not otherwise. Keturns of such election shall be
made as in other cases of election, and the clerk of the county
court of Carroll county shall file with the secretary of state
his certificate of the fact that the provisions of this section
have been complied with, with a statement of the result,
and a certified copy of the same, under the hand and seal of
the secretary of state shall be evidence in all courts and
places of the facts therein contained.
Approyed February 25, 1867.
IttforcaAprtl2fi, AN ACT to amend an act entitled "An act to incorporate the city of La
Harpe," approved February 24th, 1859.
Section 1. jBe it enacted by the People of the State of
Illinois, represented in the G-eneral Assembly, That section
^^f^^.'^^i °^**' fi''St, article fifth, of the legislative powers of the city council
tide Oth (• 1 • !• T TT n ^11 1 r- 11
01 the city of LaHarpe, be so amended as to read as follows :
" The city council shall have power and authority to levy
and collect taxes upon all property, real and personal, within
the limits of said city, not exceeding one-half of one per
cent, upon the assessed value thereof," for municipal pur-
poses and not exceeding two per cent, for school purposes,
"and may enforce the payment of the same in any manner
to be prescribed by ordinance, not repugnant to the consti-
tution of the United States or of this state."
Appkoved February 25, 1867.
amended.
Kates and pay
ment of taxes.
25, 1S07.
I" .(orce^^Feb. ^jj ^cT to amend the act entitled "An act to incorporate the city of
Galosburg," approved February 4, 1857.
Skction 1. Be it enacted by the People of the State of
Illinois, repfvt sented in the General Assembly, That section
twenty-nine of the act entitled an act to incorporate the city
of Galesburg, is hereby amended so that the police magis-
CITIES. 696
trate of said city shall be entitled to a fee of three dollars Fees of magis-
per day on trial in all cases where the demand sued for sliall *"''^'
exceed one hundred dollars.
§ 2. This act to take effect from and after its passage.
Appro^-ed February 25, 1867.
AN ACT to iocorporate the city of Morrison. In fo ce when
•donted bv tbe
ARTICLE I. legal Toters.
Section 1. Be it enacted by the People of the State of
Illinois, represented iri the General Assembly, That the
inhabitants of the town of Morrison, in the county of White-
side, and state of Illinois, be and are hereby constituted a
body politic and corporate, by the name and style of "The Name and style.
City of Morrison," and by that name shall Jiave perpetual
succession, and have and nse a common seal, which they mas'"
change and alter at pleasure.
§ 2. The corporate limits and jurisdiction of the city of Corporate umit^.
Morrison shall extend over and include within the same all
that district of country situated in the county of Whiteside, %
and state of Illinois, embraced within section eighteen (18),
in township twenty one (21) north, in range four (4) east of
the fourth (4) principal meridian.
§ 3. The inhabitants of said city, by the name and Powers.
style aforesaid, shall have power to sue and be sued, to plead
and be impleaded, defend and be defended, in all courts
of law and equity, and in all actions whatsoever ; to pur-
chase, receive and hold property, real and personal, in
said city ; to purchase, receive and hold property, both real
and peronal, beyond the city, for burial grounds or for other
public purposes, for the use of the inhabitants of said city ;
to sell, lease, convey, or dispose of property, real and per-
sonal for the benefit of the city and to improve and protect
such property and to do all other things in relation thereto,
as may be necessary.
§ 4. The city of Morrison shall be divided into wards wards,
as follows : All that portion of country within said section
eighteen (18), township twenty-one (21) north, in range four
(4r) east of the fourth principal meridian, lying north of the
grounds owned and occupied by the Chicago and iSlorth-
western railroad compan3^ and east of Genessee street, in
the present town of Morrison, shall be ward number one
(I), and all that portion of country within said section
eighteen (18), lying north of said grounds owned and occu-
pied by the said Chicago and JS"orthwestern raih'oad com-
pany and west of said Genessee street, in said town of
Morrison, shall be ward number two (2), and all that portion
596
of couutry within said section eighteou, lying south of the
north side of the grounds owned and occupied by the said
Chicago and Northwestern raih-oad company,
§ 5. Whenever any tract of land adjoining the city of
Morrison shall be laid oil" into town lots, the same shall be
recorded as noM- required by law, and shall be annexed to
and form a part of said city of Morrison.
ARTICLE II.
OF THE CITY COUSCIL.
Number of mein-
bws.
Ciu^lification of.
Vacation of of-
fice.
Diyision of.
Returns, etc.
Quorum .
Rules of pro-
ceedings.
Journal of in«-
coedlngg.
Otlicr offices anil
emoluments.
§ 1, There shall be a city council, to consist of u mayor
and board of aldermen.
§ 2. The board of aldermen shall consist of two mem-
bers from each ward, to be chosen by the qualilied voters
thereof.
§ 3. No person shall be an alderman, unless at the time
of his election, he shall have resided at least six months
within the limits of the city, and shall be at the time of
his election, twenty-one years of age, and a citizen of the
United States.
§ 4. If any alderman shall, after his election, remoxe
from the ward from which he is elected, his office shall
thereby become vacated.
§ 5. At the first meeting of the city council, the alder-
men shall be divided by lot into two classes : the seats of
those of the first class shall be vacated at the expiration of
one year from their election, and of the second class at the
expiration of the second year after their election, so that
lialf of the board shall be elected annually.
§ 6. The city council shall judge of the qualifications,
elections, and returns of their members, and shall deter-
mine all contested elections.
§ 7. A majority of the city council shall constitute a
quorum to do business, but a smaller number may adjourn
from day to day, and compel the attendance of absent mem-
bers, under such penalties as may be prescribed by ordinance.
§ 8. The city council shall have power to determine the
rules of its own proceedings, punish its members for disor-
derly conduct, and, with the concurrence of two-thirds of
the members elected, expel a member.
§ 9. The city council shall keep a full journal of their
[)roceedings in a book or books provided for that purpose,
which said book or books shall at all times bo open to public
inspection.
g 10. No alderm;in shall be ap])ointed lo any office
under the authority of the city which shall have been cre-
ated, or the emoluments of which shall have been increased
during the time for which he shall have been created.
§ li. All vacancies that shall occur in the board of
aldermen, shall be tilled by tlie remaining members of the
CITIES. 59Y
said board of aldermen by the appointment from the ward
wherein the vacancy occurred and a record of the same
made in their said journal of proceedings.
§ 12. Whenever there shall be a tie in the election of Ties.
mayor or aldermen, the judges of election shall certify to
the city council, who shall determine the same by lot.
§ J 3. The city council shall meet for business on the Meetings.
second Monday in each month, and at such other times as
may be necessary, upon the call of the mayor or any three
members of the council.
ARTICLE 111.
OF THE MAYOR.ILTV.
§ 1. The chief executive officer of the city shall be a Mayor.
mayor, who shall be elected by the qualified voters of the
city, and hold his office for one year, and until his successor
is elected and qualified.
§ 2, No person shall be eligible to the office of mayor, who Quauscations o
shall not have been a resident of the city one year next pre-
ceding his election, or who shall be under twenty-one years of
age, or who shall not, at the time of his election, be a citizen
of the United States, and a freeholder within the city limits.
§ 3. If any mayor shall, during the time for which he shall ^^^Jf ''°" "' "^'
have been elected, remove from the city, his office shall be
vacated.
§ 4, Whenever an election of mayor shall be contested, ^^^^n^f,®'^ '^''^•"
the city council shall determine the same in such manner
as may be prescribed by ordinance.
§ 5. Whenever any vacancy shall happen in the office of vacancy in offic?
mayor, it shall be filled by election.
vj 6. The mayor shall preside at all meetings of the Presiding officer
council, and shall have a casting vote, and no other, and in
case of his non-attendance upon any meeting of the council
the board of aldermen shall appoint one of their number
chairman, pro tew.
§ 7. The mayor shall at all times be active and vigilant duties of.
in enforcing the laws and ordinances for the government of
the city ; and it is hereby expressly made his duty to inspect
the conduct of all subordinate officers of said city, and to
give notice of their negligence or violation of duty to the
council, and at the regular meeting to communicate in
writing to the aldermen such information, and recommend
all such measures, as in his opinion may tend to the im-
provement of the finances, the police, the health, comfort
and ornament of the city, and the cit}'' council shall have
full power to enact all ordinances necessary to carry out
such recommendation.
)^ 8. The mayor shall receive for his services such salary compensation or
as shall be fixed by the said city council, in no case, how-
ever, to exceed the sum of hundred dollars per year.
698 , CITIES.
and shall be so lixed and paid during the last month of the
year that said mayor shall so hold his office ; and in case of
his neglect or omission of duty he shall be removed by the
board of aldermen, who may hold a special meeting, ap-
point one of their number chairman, having notified said
mayor of such meeting, and try and remove him for such
neglect or omission ; and in case of his said removal, no
salary shall be granted or paid him by said city council, but
it shall in all cases require a two-thirds vote of the alder-
men to remove said mayor.
ARTICLE IV.
or ELKCTIOXS.
Time, place and ^ 1, Qn the tirst Monday of May next an election shall
manner 0 o - ^^ ^^^^^ ^^^ ^^^-^^ Ward of Said city, for one mayor for said
city, and two aldermen for each ward, and forever thereaf-
ter on the first Monday in May of each year there shall be
an election held in each ward of said city for one mayor of
the city and one alderman of each ward. The present
board of trustees of the town of Morrison shall make the
necessary arrangements for said first election, and fix the
place in each ward, as above mentioned, for said election,
and one of their present number shall preside at and hold
such election in each of said wards, the said trustee acting
as judge of said election, having power to administer the
necessary oaths to clerks and others that may be required
to take oath previous to voting. And the election returns
from each ward shall be made up in manner and form as
now required by law in case of town elections, and returned
to the said board of trustees, or a majority of them, at the
office of the said board of trustees immediately after such
returns shall have been complete. The said present board
of trustees, or a majority of them, shall determine the same
and make record thereof in the present book of record of
said town of Morrison ; and for all elections to be held after
said first election the city council shall, on their meeting in
April of each year, or as soon thereafter as convenient, and
before the first Monday of May, appoint one judge and
one clerk of election for each ward for the then coming
election, and make record of the same in their journal of
proceedings, and in case any or either of said judges or
clerks of election shall fail to attend, the mayor on the
mornings of said elections may supply their places by ap-
pointment. The pay of said judges and clerks of election
to be paid out of the city treasury the sum fixed and or-
dered by the said city council.
J«^g«s of and I 2. The judges of any city election, within three days
after such election, shall deliver the poll books to the mayor,
who shall immediately call a meeting of the council, who
shall examine the poll books and enter the result of the
0ITIE8. 59&
election on their journal ; and if the persons elected do not
take the oath of office within ten days after said election,
required b}'' this act, their office shall be declared vacant,
and a new election ordered.
§ 3. All male inhabitants over [the age of] twenty-one Qualified voters,
years, who are entitled to vote for state officers, and who
shall have been actual residents of said city sixty days next
preceding; any city or ward election, shall be entitled to vote
for city officers : Provided, that said voters shall give their
votes in all cit.y or ward elections in the wards in which
they respectively reside, and in no other, and that no vote
shall be received at any of said elections unless the person
offering such vote shall have been an actual resident of the
ward where the same is offered, at least ten days next pre-
ceding such election.
ARTICLE Y.
APPOIXTMEXTS.
§ 1. The city council of the city of Morrison shall have officers.
the power to appoint a city marshal, who shall be, ex officio,
collector ; a city clerk, a city attorney, a city assessor, a city
treasurer, a city street commissioner, and such other city
officers as they may deem expedient, and they may give
one or more of said offices to any one person, as they may
see proper, and regulate their salaries and fix the same as
they may think best and in accordance with the services
performed by the said officers; and the city council may re-
move any of said officers at their pleasure, either for mis-
conduct or any reasonable cause.
ARTICLE YI.
OF THE POWERS AXD DrXIES OP CITY OFFICERS, ETC.
§1. The mayor and each alderman, before entering oath of office.
upon the duties of their offices, shall take and subscribe an
oath that they will support the constitution of the United
States and of this state, and that they will well and truly
perform the duties of their office to the best of their skill
and abilities.
§ 2. All ordinances and resolutions shall, before they Approval and
take effect, be placed in the office of the city clerk, and if the ordin^«*T °
mayor approve thereof, he shall sign the same, and such as
he shall not approve he shall return to the city council with
his objections thereto. Upon the return of any ordinance
or resolution by the mayor, the vote by which the same
was passed shall be reconsidered, and if after such recon-
sideration the members of the city council shall agree, by a
two thirds vole, which shall be entered upon the journals,
to pass the same, it shall go into effect, and if the mayor
shall neglect to approve or object to any such proceedings
800 CITIES.
tor a longer period than three days after the same shall be
placed in the clerk's office, as aforesaid, the same shall go
Proviso. into effect : Provided^ that should the mayor, at the time of
the reconsideration of said vote, be absent from the city,
and remain absent from the same for a longer period than
♦ ten daye, exclusive of the three days above specified,
after the same shall be placed in the clerk's office, as
aforesaid, the same shall go into efiect. The mayor shall,
ew officio, have power to administer any oath required by
this act or any law of the state, to take depositions,
acknowledgments of deeds, mortgages and all other instru-
ments of writing, and certify the same under the seal of
the city, which shall be good and valid in law.
Presiding offi- § 3. In casc of vacancy in the office of mayor, or of his
^^'"' being unable to perform the duties of his office by reason
of temporary or continued absence or sickness, the city
council shall appoint one of its members, by ballot, to pre-
side over their meetings, whose official designation shall be
"acting mayor ;" and the alderman so appointed shall be
vested with all the powers and perform all the duties of
mayor until the mayor shall assume his office or the vacancy
shall be filled by a new election.
Duties of clerk. § "t- The clcrk shall hold his office for one year ; 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 corporate seal of the city, shall be evi-
dence 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, and he
shall have power to administer any oath required to be
taken by this act.
Duties of attor. | 5. It sliall bc thc duty of the city attorney to perform
^^^' all professional duties incident to his office, and, when re-
quired, to furnish written opinions upon questions and sub-
jects submitted to him by the mayor, or the city council, or
its committees.
Dutiea of tiie § ^- The city treasurer shall rcceivc ' all moucys bcloug-
treasurer. jng to the city, and shall keep an accurate account of all
receipts and expenditures in such manner as the city coun-
cil shall direct. Ail moneys shall be drawn from the
treasury in pursuance of an order of the city council, by
treasury warrant, signed by the mayor or by the presiding
officer of the city council, countersigned by the clerk. Such
warrant shall specify for what purpose the amount therein
named is to be paid. The treasurer shall exhibit to the
city council, at least twenty days before the annual election
of each year, and oftener, if required, a fall and detailed
CITIES. #01
account of all receipts and expenditures since the date of
the last annual report, and also the state of the treasury,
which account shall be tiled in the office of the clerk.
§ 7. The city marshal shall perform such duties as shall ^^^^^ °^ '""-
be prescribed by the city council, for the preservation of .
the public peace, the collection of license moneys, tines or
otherwise ; he shall possess the powers and authoiity of a
constable at common law under the statutes of this state and
receive like fees, but shall not serve civil process without
first enteriug bond as such constable, to be approved by the
supervisor of the town of Mount Pleasant, as in other cases.
He shall execute and return all process issued by any proper
officer under this act or any ordinance in pursuance thereof ;
he shall also, as city collector, collect all taxes and assess-
ments, when ordered to do so by the city council, which
may be levied by the said city council, and uioneys belonging
to the city, and keep an accurate account of the same, and
receive such per centage for so collecting as the city coun-
cil may direct, and shall at any time pay over into the city
treasury all said moneys, upon order so to do by said
council.
S 8. The street commissioner shall superintend all local Duties of
improvements m the city and carry into eiiect all orders ot
the city council in relation thereto. It shall be his duty to
superintend and supervise the opening of streets and alleys
and the grading, improving and opening thereof, and the
construction and repairing ot bridges, culverts and sewers ;
to order the laying, relaying and repairing of sidewalks,
to give notice to the owners of property adjoining such side-
walks, when required, and upon failure of any person to
comply with such notice, to cause the same to be laid, re-
laid or repaired and apportion the costs thereof among the
persons or lots properly chargeable therewith, and deliver
the account thereof to the city clerk to be laid before the
city Council; to make plans and estimates of any work
ordered in relation to streets or alleys, culverts or sewers ;
to keep full and accurate accounts, in appropriate books, of
all appropriatiois made for work pertaining to his office
and all disbursements thereof, specifying to whom made
and on what account, and he shall render monthly accounts *
thereof to the city council.
§ 9. The city council shall have power, from time to ^o^^cere"*'** °'
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 ap])ointed to any office under
this act, whose duties are not herein specified ; they may also
require all officers severally, beforethey enter upon theduties
of their respective offices, to execute a bond to the city of
Morrison, in such sum and with such securities as they may
approve, conditioned that they shall faithfully execute the
duties of their respective offices, and account for and pay
Yol. 1—50
602
Surrender of of-
fice and pro-
perty.
Commission
officers.
CITIES.
over and deliver all moneys and other property received by
them, which bond with the approval of the city council cer-
tified thereon by the clerk, shall be filed in his office for
the benefit of any person aggrieved by the official act of
the ofiicer.
§ 10. 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 property, books, papers
and etiects of every description in his possession belonging
to said city or appertaining to his office, he shall forfeit and
pay, for the use of the city a sum not exceeding fifty dol-
lars, besides all damages and costs caused by his refusal or
neglect so to deliver, and such successor may recover pos-
session of the books and papers and effects belonging to his
otiice, in the same manner as prescribed by the laws of tliis
state,
f § 11. 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 the clerk, which commission shall be received in all
courts of justice in this state of his official capacity.
ARTICLE VII.
OF THE LEGISLATIVE POWERS OF THE CITY COrNCIL.
Control of finan.
ces and pro-
perty.
Appropriations.
Sanitary xneas
urea.
§ 1. The city council shall have control of the finances
and of all property, real, personal and mixed, belonging to
the corporation, and shall likewise have power within the
jurisdiction of the city by ordinance.
§ 2. To borrow money on the credit of the city and issue
the bonds of the city therefor, but no sum of money shall be
borrowed at a higher rate of interest than that allowed by
law, nor shall a greater sum or sums be borrowed or at any
time outstanding than the aggregate of which shall exceed
the sum of twenty-five hundred dollars, unless by a major-
ity vote of the people at the annual election held in May of
each year, and no bonds of the city shall be issued or nego-
tiated at less than par value, except by the unanimous vote
of the entire board in the affirmative, but the city council
may apply any surplus money in the treasury to the ex-
tinguishment of the city debt, or to the contingent fund for
the contingent exp^enses of the city.
§ 3. To appropriate money for improvements or appro-
priate the same to provide for the payment of the debts and
expenses of the city.
I 4. To make regulations to prevent the introduction of
contagious diseases into the city, to make (piarantine laws
for that purpose, and enforce the same within five miles of
the city.
§ 5. To establish hospitals, and make regulations for the
government of the same.
CITIES. 603
§ 6. To make regulations to secure the general health of General health.
.the inhabitants, to declare what shall be a nuisance, and to
prevent and remove the same.
§ 7. To provide the city with water, to erect hydrants water priviiegei
and pumps, build cisterns and dig wells in the streets for
the supply of engines and buckets.
§ 8. To open, alter, abolish, widen, extend, establish, street labor,
grade, pave, or otherwise improve and keep in repair
streets, avenues, lanes and alleys, sidewalks, drains and
sewers.
§ 9. To establish, erect and keep in repair bridges. Bridges.
§ 10. T » divide the city into wards, alter the boundaries wards,
thereof, and erect additional wards, as the occasion may
require.
^ 11. To provide for lighting the streets and erecting Lights and
1 " , "^ o a o lamps.
Jamp posts.
§ 12. To establish, support and regulate night watches. Night watchei,
§ 13. To erect market houses, to establish markets Markets.
and market places, and to provide for the government
thereof.
$ 14. To provide for all needful buildings for the use of Needful buiid-
the city.
§ 15, To provide for inclosing, improving and regula- PubUc grounds,
ting all public grounds belonging to the city.
§ 16. To license, tax and regulate auctioneers, merchants, '^^jgjg*^*'' p^^"
peddlers, retailers, grocers, taverns, ordinaries, hawkers,
brokerrf, pawnbrokers and money changers.
§ 17. To license, tax and regulate hacks, carriages, vehicles.
wagons, carts and drays, and lix the rates to be charged for
the carriage of persons, and for the wagonage, cartage and
drayage of property,
§ 18. To license and regulate porters, and the rates of Porters.
porterage.
§ 19. To license, tax and regulate all theatrical and other Exhibitions.
exhibitions, shows and amusements.
§ 20. To restrain, prohibit and suppress tippling houses, '^houseg.'^^
dram shops, gambling houses, bawdy houses, and other dis-
orderly houses.
§ 21. To provide for the prevention and extinguishment ^^g^artment ^'^*
of tires; to organize and establish fire companies.
§ 1^2. To regulate the fixing of chimneys, and to fix the ^iJ'j^s^Ytc. """^
flues thereof.
§ 23. To regulate the storage of gunpowder, tar, pitch, combustibles,
rosin, oils and other combustible materials.
§ 21:. To regulate and order parapet walls and partition ^g^^^^^g^^^^
fences, and to restrain cattle, hogs, sheep and doi^s from
running at large. _ ' ^ ' i^ ^ Ani.ais at large
§ 25. To establish standard weights and measures, weights and
to be used in the city in all cases not otherwise provided for °^^^^^
by law, and to order all laws upon the subject to be enforced,
604
CITIES.
Bread.
Brieka.
Census.
Police.
and to fix and enforce payment of lines for non-compliance
with any such order.
Timber, etc. § 26. To providc for the inspection and measuring of
lumber and other building materials, and for the measuring
of all kinds of mechanical works.
Forage and fuel. g 27. To provide for the inspection and weighing of
hay and stone coal, tlie measuiement of charcoal, firewood,
and other fuel to be used within said city.
Provisiona. g 28. To provide for and regulate tiie inspection of to-
bacco, and beef, pork, flour, meal and whisky in barrels.
^ 29. To provide for and regulate the inspection of but-
ter, lard and other provisions.
§ 30. To regulate the weights and quality of bread to be
sold and used m the city.
§ 31. To regulate the size of bricks to be sold and used
in the city.
§ 32. To provide for taking enumeration of the inhabi-
tants of the city.
§ 33. To regulate the police of the city ; to impose fines,
forfeitures and penalties for the breach of any ordinance,
and provide for the recovery and appropriation of such fines
and forfeitures and the enforcement of such penalties and
to use the county jail as a lock-up.
§ 34. The city council shall have exclusive power, with-
in the city, by ordinance, to license, regulate and restrain
the keepmg of billiards and billiard tables.
§ 35. "l^he city council, by ordinance, shall have exclu-
sive power to license, prohibit or regulate in an}^ manner
they see fit the selling, bartering or trafiickinor of any wine,
rum, gin, brandy, whisky, malt liquor, strong beer, ale.
porter, mixed liquors or any intoxicating liquors whatsoever.
§ 36. To regulate the running at large of dogs and
authorize the destruction of the same, if at large contrary
to ordinance.
§ 37. To prevent horse racing or innuoderate driving or
riding of horses or other animals, and to prohibit the abuse
of animals, and to compel persons to fasten their horses or
other animals attached to vehicles whenever standing in the
streets of said city.
Animals at large § 38. To regulate, restrain or prohibit the running at
large of horses, cattle, aeses, mules, swine, sheep, goats and
fowls, and to authorize the distraining, impounding and sale
of the same for the costs of the proceedings and the penalty
incurred, and to impose penalties on the owners thereof for
a violation of any ordinance in relation thereto.
§ 39. To authorize and direct the taking up and pro-
viding for the safe keeping and education for such periods
of time as may be deemed expedient, of all children who
are destitute of proper parental care.
§ 40. To direct the locatitin and regulate the manage-
ment and construction of breweries, tanneries, blacksmith
Liquor traffic.
Rilling and
driving.
Destitute ohil
dren.
Breweries, etc.
CITIES. 605
shops, founderies, livery stables and packinghouses; to
direct the location and regulate the management and con-
struction of, and restrain, abate and prohibit within the city
and to the distance of oue mile from the limits thereof, dis-
tilleries, shiughtering establishments, establishments for ren-
dering or steaming lard, tallow, olfal, and such other sub-
stances as may be rendered, and all other establiishmentsor
places where any nauseous, oifensive or unwholesome busi-
ness may be carried on.
§ 41, To require railroad companies to keep in repair Railroad repairs
the streets through which their track may run, and to con-
struct and keep in repair suitable crossings at the intersec-
tions of streets and alleys, and sewers, and ditches, and
culverts, when the city council shall deem necessary ; to
prohibit said railroad companies from leaving cars standing
across streets, to direct and prohibit the use and regulate the
speed of locomotive engines within the inhabited portions of
the city.
ARTICLE VIII.
OF ASSESSMENTS, TAXATION, ETC.
§ 1. All real estate and personal property within the Taxes,
limits of the city of Morrison, Whiteside county, Illinois,
shall be subject to taxation, and taxes may be levied and
collected on the same for the use and benefit of said city.
The city council shall have power to levy and collect taxes
annually for the general purposes of the city upon all tax-
able, real and personal property within the city limits in any
sum they may deem expedient, but never to exceed one per
cent, upon the assessed value thereof without hrst having
been submitted to a vote of the taxable citizens of the city
and approved by three-tifths of the voters therein and in
such never to exceed tuw per cent, in any one year,
§ 2. The assessor shall assess all the real estate and per- Assessments, of
sonal property in said city, so far as practicable, he shall
ascertain the names of all owners of taxable property and
the amount of all taxable real estate and personal property,
and for this purpose he shall call upon each taxable inhabi-
tant of said city,
§ 3. The assessor shall prepare an assessment roll with Assessment rous
a caption in substance as follows : " An assessment roll of
all the real estate and personal property within the limits
of the city of Morrison, Whiteside county, Illinois, made
by the assessor of said city for the year 18 — ," and shall
set down in separate columns according to the best informa-
tion in his possession : First^ the names of all owners, if
known, of all taxable real estate within the limits ot said
city ; if the owner is unknown it shall be so stated. Second,
the desi3ription ot all real estate opposite the name of the
owner, or word "unknown" when the name of the owner
606 CITIES.
can not be ascertained. Third, the value of the real estate
opposite the description. Fourth^ the amount of tax assessed
opposite to the value. The said assessment roll shall also
contain in parallel columns, i'lir^ the names of the owners
of personal property subject to taxation, in alphabetical
order. Second, the assessed value of the personal property-
taxed to each individual. Third, the amount of tax on
each individual's personal property.
Certificates of. §4. After the Said assessmeiit roll shall have bccn thus
completed the said assessor shall attach thereto a certificate
signed by him in substance as follows ; " I do hereby cer-
tify that the above assessment roll contains, according to
my best information a true and correct list of the names of
all the owners of taxable property real and personal within
the limits of said city, a description of each parcel of real
estate set opposite the names of the owners, or set opposite
the word "unknown ;" in cases where, after diligent search
and inquiry I have been unable to ascertain the name of the
owner, the value of said parcels of real estate set opposite
each one, the amount of tax on each of said parcels of
real estate set opposite the same, the aggregate value of
personal estate of each owner set opposite his name and the
amount of tax on said personal estate set opposite his name."
Said assessment roll, so certified, shall, on or bef(»re the
the second Monday in July then next be returned to the
clerk of the city council.
Reviews, altera- § 5. Prcvious to the third Monday in July the assess-
ment may be inspected by any ])erson interested in the
same. On the third Monday in July of each year there
shall be a meeting of the city council for the purpose of
reviewing the assessment. On the application ot any per-
son conceiving himself aggrieved by the assessment, the
city council, upon being satisfied that the same is errone<.>us,
may review, alter and correct such assessment.
Publication of § 6. • Immediately after the return of the assessment roll,
it shall be the duty of the city clerk to cause to be inserted
in a newspaper published in said city, or posted up in three
pul)lic places in said city, a notice that the assessment roll
has been returned and may be inspected by any person in-
terested therein, and of the time when the city council will
meet to hear applications for reviewing said assessment.
Collection of § 7. Immediately after said assessment roll shall have
been corrected by the city council, the clerk shall make out
a true copy thereof, as corrected, to which, after being sat-
istied that the same is a correct copy as above, the city
council shall annex a warrant signed by the mayor of said
city, recj^uiring the collector to collect from the several per-
sons the several amounts of taxes set opposite their re-
spective names, and pay the same to the treasurer of the
city, and if any resident ot said city shall neglect or refuse
to pay his tax within ten days alter demand made of said
tions and coi''
Tactions of.
ret virus.
warranti.
, CITIES. 607
resident, or at his last or usual place of residence, the 'col-
lector shall proceed to levy the same of the goods and
chattels of said resident, and after giving six days' notice of
the time and phice of sale by posting up a notice thereof in
three public places in said city, shall sell as many of said
goods and chattels as may be necessary to n)ake the amount
of tax. In cases where the owner is not a resident of the
city the collector shall proceed to levy and sell without pre-
vii^us demand. The said warrant shall be returnable on the
first Monday in October, after the date thereof, at which
time the said collector shall return said warrant and tax list
to the clerk of the city council and pay over all money by
him collected to the treasurer and take his receipt for the
same.
§ 8. In the return of said warrant, the collector shall Return of war-
give a list of the names of the persons whose tax and person-
al property he has been unable to collect, on account of not
finding goods and chattels whereon to levy ; the value of the
property assessed and the amount of the tax thereon, and
state in said return that he has been unable to collect the
tax ; and the city council may give him credit for the
amount of taxes he has been unable to collect.
§ 9. The collector shall also make a Hst of the real Duties of e.iiec-
estate upon which the taxes have not been paid or collect-'
ed, and state to whom each parcel of said real estate was
assessed, or that the same was assessed to a person "un-
known," and describe said real estate, and give the amount
of tax on each parcel. The collector shall return said list
at the time last aforesaid, with a certificate, signed by him,
that said taxes remain unpaid, and that he could find no
goods or chattels whereon to levy and collect the same, and
the city council may credit him with the amount.
§ 10. Within twenty days after the return of said list. Duties of cierk
the clerk shall cause the same to be published in a newsjiaper *^'^''®'°-
printed in said city, together with a notice in suljstance as
follows : " It appearing from the return of the collector
that the taxes on the above described parcels of real estate
remain unpaid, notice is hereby given that the said real
estate will be exposed, in separate parcels, at public auc-
tion on the day of , 18 — , at 10 o'clock in the
forenoon, at the door of the clerk's office, in the city of
JVJorrisoii, and sold, for the purpose of making said taxes,
and fifty cents for cost of selling each lot or parcel in case of
sale " Said sale shall be at least thirty days after the pub-
lication of said notice.
§ 11. The collector shall attend said sale and act as Saies of property
auctioneer, and sell all the lots or parcels of real estate so
advertised, upon which the taxes and cost renjain unpaid
at the time ot selling. The clerk shall also attend said sale,
and enter in a book provided for that purpose a description
of the real estate sold, the name of the purchaser, and the
608 CITIES. ,
amount of his bid ; and shall make out and deliver to said
pnrcliaser a certiticate, givins^ a description of the real
estate by him purchased, the amount of taxes and costs due
separately, and the amount of his bid, stating that said pur-
chaser will be entitled to a deed for the real estate describ-
ed in such certificate at the expiration of one year, unless
the same shall be redeemed. The clerk shall receive the
taxes and cost due at any time before sale, and pay the
same over to the treasurer, taking his receipt for the same.
Bids. § 12. In case no person shall bid, the amount [of]
taxes and cost charged upon any of said real estate, the same
may be advertised and sold at any time within six months
thereafter. The manner of proceeding in such second sale
shall be the same as hereinafter mentioned, as near as may
be.
Manner of sale. § 13. All lauds Sold for taxes and assessments assessed
under this charter shall be sold off of the east side, as in
cases of sales for county and state taxes, and may be re-
deemed within one year from the sale, in the same manner,
upon the same terms as lands are now redeemed in cases
of sale for state and county taxes, by payment of the neces-
sary amount to the said city clerk ; and the said city clerk
shall keep and preserve said books of sale in his office, and
• enter said redemption therein. Said books shall be ;prim.a
facie evidence of the matters contained therein.
Redemption of. § 14. In casc said lands shall not have been redeemed
as aforesaid, it shall be the duty of the mayor of said city
to execute and deliver to the purchaser a deed of the prem-
Form of deeds, iscs. which shall be in substance as follows : " Whereas, on
on the day of , a. d., at a public sale made by
the collector of the city of Morrison, for taxes duly assessed
by said city for the year , A. B. became the purchaser of
the following described real estate, viz : , for the sum of
dollars, that being the amount of the assessment and cost
on the . JN'ow, therefore, know all men by these pres-
ents, tliat I, C. D., mayor of said city, in consideration of
the premises, hereby grant, bargain and sell and convey
unto the said A. B., his heirs and assigns, the real estate
above described as so purchased by him, subject to the
rights of infants, femtnes covert and others to redeem ; to
have and to hold the same to the said A. B., his heirs and
assigns, forever. Witness my hand and seal of said city,
this day of , in the year of our Lord," etc.
Acknowiedg- § 15. Dccds on sales for taxes and assessments assessed
mentof. upon real estate under this charter shall be acknowle<lged
as other conveyances, and when executed and acknowledg-
ed as ;)foresaid, they shall be deemed and taken to be
prima facte evidence of the existence and regularity of all
Buch prior proceedings as might otherwise be recpiired to
be proved in order to establish the title in the purchaser.
CITIES. 609
§ 16. The clerk and collector shall each be entitled to Fees for coiieo-
twenty cents for each parcel of land sold in full satisfaction ''""^ °''
for their services in making such sale, and the balance of
Said cost shall be paid into the city treasnry. All other ex-
penses attending such sale shall be allowed and paid by the
city council.
I 17. Power is hereby also given the city council of banner ©f as-
• 1 • . T 1 T 1 , 11 1-1 sessnient and
said City to j/rovide by ordniance that all taxes levied, as- collection in
sessed and collected under and by virtue of the provisions <=«"^"^ "»'«»•
of this act, shall be assessed and collected by the same as-
sessor and collector whose duty it shall be by general law
to assess and collect the state and county tax for township
twenty-one north, of range live east of the fourth principal
meridian, in said Whiteside county. If said city council
shall wish to have said city taxes so assessed and collected,
it shall be their duty to inform the clerk of the county
court on or before the first day of September of each year
of the rate per cent, of the taxation levied by them for city
purposes, for said year, and also for all special assessments
for any purpose in said city, and assessments for the pur-
pose of laying out public grounds, streets, alleys, lanes or
highways, and altering, widening, contracting, repairing or
the discontinuing the same, either or all, as the said city
council may direct ; and it shall thereupon be the duty of
the said county clerk to carry out each and extend said tax
upon the books of the collector in the same manner that he
is now required by law to carry out and extend the district
school tax against the name of each tax payer, whether resi-
dent or non-resident, owning property in said city ; and
said city tax shall be collected in every respect and the .
collection thereof enforced in like manner and with like
remedies, as the state and county tax, and shall be paid over
by the collector to the treasurer of said citj^ at the same
time that the county revenue is required to be paid over to
the ounty. Any court which shall render judgment in
said Whiteside county against lands and lots in said city
fur non-payment of taxes due the state and county, shall at
the same time include in the same judgment any and all
taxes which may be due said city in any such property.
For his services in carrying out, adding and extending said
tax in the books of the collector, said county clerk shall re-
ceive one half cent for each lot or tract, and one half cent
on each person's name assessed for personal property, to be
paid out of said city tax when collected. The collector compeBs»Ua«
shall receive the same compensation which may be allowed ^°'"*
by law for the collection of schotJ taxes, and shall be liable
on liis otficial bnud for the payment of all such city taxes
by him collected ; the fees of the collector to be paid out of
the taxes when collected.
Vol. 1—51
610
ARTICLE IX.
OP ASSESSMENTS FOR OPEXIXG STREETS AND ALLEYS.
Possession of | 1. TliG citj coiincil sliall have power, upon the peti-
ty'^f r ^'pu'b'ilc tiun of oiiehalf of the owners of the property froiitinsj
purposes. thereoii aud I.yin^ witliin six hundred feet thereof, and
without such petition, by the unanimous vote of tlie city
council, to open or 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 consent, in
writing, of all persons owning land or lots adjoining such
street, alley and highway, unless by a unanimous vote
of the city council. The city council shall cause all streets,
alleys or 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 improvements, 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 hereof, and the amount of
compensation can not be agreed upon, the city council shall
give notice of their intention to appropriate and take the
land necessary for the same, to the owner thereof, by pub-
°f lishing said notice, by two insertions in a weekly paper, or
six insertions in a daily paper, in the newspaper publit^hing
the ordinances of the city, or by posting three written
notices in three public places in the city, at the expiration
of which time, they shall appoint three disinterested free-
holders, residing in the city, as commissioners to ascertain
»°'i and assess the damages and recompense due the owners of
said real estate respectively, and at the same time determine
what persons will be benefited by such improvements, and
assess the damages and expenses thereof on the real estate
in the neighborhood of the improvement benefited thereby,
in proportion, as nearly as may be, to the benefits resulring
to each. A majority of the councilmen authorized by law
to be elected shall be necessary to a choice of connnis-
sioners. The commissioners shall be sworn faithfully and
impartially to execute their duties to the best of their
abilities, before entering upon tlu'ir duties. 'J hey shall
give at least five days' personal notice of the time and place of
their meeting, for the purpose of viewing the premi^e8 and
making their assessments, wiiich notice shall be given onU' to
the owners who are residents thereof, and known ; tiicy shall
view the premises, and, in their dit-cretion, receive any legal
evidence, and may, if necestrarj^, adjourn fiom dtiy to day.
Surveys and
records of.
Compensation
for.
Publication
notice.
Damages
benefits.
Notice of meet-
ingH.
CITIES. • 611
§ 3. If there shonld be any bDilding''standing, in whole vaiue of buiid-
or in part, upon the land to be taken, the commissioners, '°^^*
before proceeding to make their assessments, shall first
estimate and determine 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
secuudly the value of such building to him to remove.
j^ -i. At least five days' notice shall be given to the Publication of
^ n ^ 1 ^ • '/• 11 " I • 1 , notice to the
owner, ot such determination, when known and a resident own rs of the
of the city, which may be given personally or in writing, *'^*''^^-
left at his usual place of abode. If a non-resident or un-
known, like notice to all persons interested shall be given
by one publication in the newspaper publishing the ordi-
nances of the city, or by posting three written notices in
three public places within the city. Such notice shall spe-
cify 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 buildings
to be taken, with the land condemned or appropriated, or of
their intention to receive 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 Refusal oi own-
appraised value to remove, or fail to give notice of his inten-
tion as aforesaid, within the time prescribed, the city council
shall have power to direct the sale of such building at public
auction for cash or on credit, giving tiveda\s' public notice
of the sale. The proceeds of the sale shall be paid to the
owner or deposited to his use.
§ 6. In making their assessment the said commissioners vaiue and ex-
shall ascertain the value of the land taken and all expenses p®°*®*°
of the improvement and damages occasioned thereby, and
then assess upon the property in the neighborhood bene-
fited, in fair proportions, a sum sufficient to cover the whole
amount thereof, which shall be paid by the owners respect-
ively, and be a leiu upon the property on which it may be
assessed, and collected as other taxes are collected, by sale
of the land or otherwise.. The value of the laud taken
from any owner, shall be a credit to him on the assessment
against him for his share of the improvements, and if more,
the difference shall be paid him in money before the land
is taken, or deposited to his use. Said commissioners shall
particularly describe the lands and parcels on which either
assessment may be made and make a return of their pro-
ceedings and assessments to the city council within ten days
after its completion.
§ 7. The clerk shall give ten days' notice, by one publi- Publication of
". • .1 1 !• I • -1 T !• ..1 notice of re-
cation in the newspaper publisliina: the ordinances ot the turn».
city, or by posting up in three public places, three written
612
Removal of the
commissioners
Appropriation
ot land.
Appeals,
or printed notices of the same, that such assessment Las
been returned, and on the day to be specitied therein, will
be acted upon by the city council, unless objections are
made to the same by some person interested. Objections
may be heard by the city council, and the hearing may be
adjourned from day to day. The council sliall have power,
in their discretion, to alter, confirm or amend the assessment.
If annulled, all the proceedings shall be void. If altered or
confirmed, an order shall be entered directino; a warrant to
issue for the collection thereof.
§ 8. The city council shall have power to remove the
couimissiouers, and from time to time to 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 alteiing any street,
alley or highway, 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
can not be found in the city, deposited to his or their credit,
in some safe place of deposit other than the hands of the
treasurer; and then and not before, such land may be taken
and appropriated for the purpose required in making such
improvements; and such streets, alleys and other highways
or public grounds, may be made and opened.
§ 10. Any person interested may appeal from any order
of the city council for opening, widening, altering, or straight-
ening any street, alley or other highway or public ground
to the circuit court, after the passage of said final order,
as in other cases of appeals. Upon trial of the appeal,
all questions involved in such proceedings, including the
amount of damages, shall be open to investigation by affi-
davit or oral testimony, adduced to the court, or upon ap])li-
cation of the city or any party, the amount may be assessed
by a jury in said court, without form,al pleadings and judg-
ment rendered accordingly. The court shall not set aside
the proceedings or final order of the council, for au}^ omis-
sion or informality, without injury has resulted therefrom.
§ 11. When any owner known, or other person, having
an interest in any real estate, residing in the city or else-
where, shall be 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, upt)n the application o*' the city
council, or such infant, or his next friend, appoint a guar-
dian for such infant, taking security from such guardian for
the faithful execution of such trust; and all notices and sum-
mons rccjuired by this act shall be served on sucli guardian;
and the final detei'niiuation of either the common council or
court in the premises shall be conclusive on such infant,
CITIES. 613
and the proceedings shall not be opened at any time there-
after.
§ 12. It is however here provided that none of the peti- Damages,
tioners, petitioning the said city council, under the first sec-
tion of this article, shall be entitled to any damages under this
article, unless by the unanimous vote of the city council,
and then only such sum or sums as the said council shall so
vote.
ARTICLE X.
PUBLIC IMPROVEMENTS, AJJD ASSESSMENTS THEREFOR,
§ 1. The city council shall have power, from time to street improve-
time, upon the petition of one-half the owners of the pro- '"^°*^'
perty fronting thereon, and lying within six hundred feet
thereof, or \Nithout such petition, by the unanimous vote of
the council, to cause any street, alley or other highway,
or section thereof, to be graded or regraded, leveled, paved
or planked, and keep the same in repair, and alter and
change the same ; to cause side and crosswalks, main
drains and sewers, and private drains and sections thereof,
to be constructed, laid, relaid, cleansed and repaired, and
regulate the same ; to grade, improve, protect and ornament,
any public square or other public ground, now or hereafter
laid out.
§ 2. The city council shall have power to assess and special taxes,
collect a special tax upon the taxable propeity within ihe
corporate limits of the city, in the same manner as other
city taxes, or in such manner as may be prescribed by ordi-
nance; all expenses and damages f )r the purpose of grad-
ing, paving, planking or re planking such street, sidewalk,
pavement or other highway : Provided, that the city cuun- provito,
cil shall first assess to each lot or parcel of land to be bene-
fited by such improvement the special benefits each will
derive from said improvement, charging such benefits upon
each lot or parcel of land, and the residue of the cost of
Ruch improvements shall be paid out of the city treasury.
§ 3. In all cases where expenses may be incurred in the Expenses in-
removal of any nuisance, the city council may cause the purred.
Bame to be assessed against the real estate chargeable there-
with, in the same manner as prescribed in the foregoing
section. Such expenses may likewise be collected by the
owner or occupant ot such premises, in 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 man-
ner be brought for such expenses against the author of such
nuisances, if known, or any person whose duty it may be
to remove or aba'e the same.
§ 4. The city council shall have power to compel the streets, alleys,
owners of lots or grounds fronting or adjoining any public etc.
or private alley to keep the same clean, and, if necessary, to
614
CITIES.
direct the same to be paved, planked or otherwise and the
costs thereot to be assessed and collected in the same man-
ner as prescribed in section second of this article.
ARTICLE XI.
OF TAXATION.
Exemption
from road la-
bor.
Street labor. § 1. The citj council shall have power, for the purpose
of keeping the streets, lanes, avenues and alleys in repair,
[to require] every male inhabitant in said city, over twenty-
one years of age and not exceeding lifty, to labor on said
streets, lanes, avenues and alleys, not exceeding three days
of ten hours each in each year, and any person failing to
perform such labor, when duly notilied by the street cuin-
missioner, shall forfeit and pay a sum not to exceed one
dollar for each day so neglected and refused, as said city
council may provide.
§ 2, The inhabitants of the city of Morrison are here-
by exempted from working on any road beyond the limits
of the city, and from paying any tax to procure laborers to
so. work upon the same : Provided^ that the city council may,
at their discretion, cause one-fourth of the labor tax to be
laid out on roads leading into said city, and may expend a
portion of the city tax upon the same, not to exceed one-
eighth of the amount annually assessed.
ptionfrom § 3. All lauds Iving and being within the corporate
limits of said city, the same being in fields containing ten
or more acres, and the same never having been laid ult"[int(>]
lots or blocks and upon which no buildings are situated
and unoccupied, shall, until the same either becomes occu-
pied or buildings be erected thereon or laid oti' into lots or
blocks, be exempt from all corporation tax.
ARTICLE XII.
Enforcement
and repeal of
ordinances.
MISCELLANEOnS PROVISIONS.
§ 1. The city council shall have power to pass, publish,
amend and repeal all ordinances, rules and police regula-
tions, not contrary to the constitution of the United States
or of this state, for the good government, peace and order
of the city and the trade and commerce thereof, that may
be necessary 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 enforce the observance of
all such rules, ordinances and police regulations, and to
punish violations thereof by fines, penalties and imprison-
ment in the county jail, in the discretion of the court or
magistrate before whom conviction may be hail, but no fine
or penalty shall exceed one hundred dollars, nor the im-
prisonment of four months, for any offence; and such fine
or penalty may be recovered, with costs, in an action of
CITIES. 615
debt, h}'' a common summons as issued bj justices and magis-
trates in ether cases, and to give the special matter in evi-
dence under it in the name of the city, before any court
having jm-isdictiun, and punishment inflicted ; and any per-
son upon whom any iine or penalty is imposed shall stand
committed until the payment of the same and costs, and in
detault thereof may be imprisoned in the county jail or
required to labor on the streets or other public works of the
city for such time and in such manner, under the supervi-
sion of the street commissioner or police, as may be provi-
ded by ordinance.
§ 2. In all prosecutions for any violation of any ordi- Processes.
nance, by-law or other regulation (except as hereinafter
provided), the tirst process shall be a summons, unless oath
or athrmation be made for a warrant as in other cases, and
warrants may issue in all cases upon such oath or affirma-
tion, whenever the same can issue for a similar offence
under our statutes, or whenever tiie ordinance under or
upon which the same be made, provides for the issuing of
a warrant.
§ 3. All officers of the city created conservators of the Arresta.
peace by this act, or authorized by any ordinance, shall
have power to arrest or cause to be arrested, with or with-
out process, all persons who shall break the peace or threaten
to bi'cak the peace or be found violating any ordinance in
relation to the preservation of the peace and quiet of said
city, or the granting of licenses or suppression of nuisances
and misdemeanors, commit for examination, and, if neces-
sary, detain such person in custody over night or the Sab-
bath, in the county jail or other sate place, or until they can
be brought before a magistrate ; and shall have and exer-
cise such other powers as conservators of the peace as the
city council [nuiy] prescribe.
§ 4. All fines, forfeitures and penalties collected for Disposition of
offences committed within the city, shall be paid into the anTfoweUures!
treasury of the city by the officers collecting the same, and
all lines and forfeitures collected of any citizen of said city
for any conviction in the circuit court, shall be paid over in
like manner.
§ 5. No person shall be an incompetent iudare, justice, incompetent
.'- . ^ J? 1 • 1 • '. ,■ , .' ' judges, etc.
Witness or juror, by reason ot his being an inhabitant or
freeholder in the city of Morrison, in any action or proceed-
ing in which said city may be a party in interest, unless the
said judge, justice, witness or juror, shall be a party to the
suit, then tne same rules shall govern as in the practice in
other cases in this state.
§ 6. Execution may be issued immediately on ren- Executions.
ditiiiu of judgment. If the defendant has no goods or
chattels or n-al estate within the county of Whiteside,
Avhereot the judgment can be collected, the execution shall
require the defendant to be confined in the county jail for
616 CITIES.
a term of not exceeding four months, in the discretion of
the court rendering jiidiiment ; all persons who may he
committed under this section sliall be confined one day t\>r
each one dollar of such judgment and costs. All expenses
incurred in any prosecution for tlie recovery of any tine,
penalty or forfriinie, when collected, shall be paid into the
city treasury.
Remission of §7. Neither the city council nor mayor shall remit any
fines, etc. ^^^ ^^ penalty imposed for any violation of any ot the laws
or ordinances of said city, or release from confinement,
unless two-thirds of all the aldermen elected f-hall vote for
such release or remission ; nor shall anything in this act be
80 construed as to oust any court of jurisdiction to abate and
remove any nuisance within its jurisdiction, by indictment
or otiierwise.
^straou-n^ '^oi § ^- Any person who shall injure or destroy any bridge
public' Duiid- or any public building or other property belonging to the
^^^^' city, or shall cause or procure the same to be injured or de-
stroyed, shall be subject to a penalty not exceeding one
hundred dollars lor such offence, to be recovered by the
city in an action of debt, and may be imprisoned not ex-
ceeding four 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, for the
Proviso. damages occasioned by such injury or destruction : Provi-
ded, however, that the prosecution of any person or per-
sons for the violation of any section of this act or ordinan-
ces passed by virtue of this act imposing any fine, penalty
or imprisonment for a [violation] thereof, whenever the
violation of the same may be declared to be a crime or
misdemeanor under the general criminal code or law of this
state, shall not take away the rights of punishment under
said general criminal code or law, but said person or per-
sons so offending, may be fined, imprisoned or punished
under either or both of said laws.
Quarterly settle- § 9. Tlic city council shall have power to require the
uatel."'""*^'^' police magistrate to report and settle quarterly, or oftener,
and conform to the ordinances and resolutions passed from
time to time.
Fees of officers. §10, The police magistrate and all other officers of the
city shall not be entitled to any fees from the city, when
from any cause the city shall be unsuccessful in the prose-
cution of any action or shall be unable to collect any fine
and costs, or until the money has been collected by the ofii-
cer authorized to collect the same.
Police magis- § H. At the election held under this cliarter for city
officers, there shall be elected one police magistrate for said
city, who shall have the like jurisdiction and powers in all
respects, and be governed by the same laws, as ])rovided by
the general statutes of this state in relation to police magis-
trates. Said police magistrate bo elected shall hold his
CITIES. 617
office for fonr years, and until his successor shall be elected
and qualified. He shall be commissioned in the same man-
ner as other police magistrates and justices of the peace
are by law : Provided^ that the present p(jlice nuigistrate of Proviso,
the town of Morrison shall be the police magistrate of the
said city of Morrison until the expiration of the term for
which he was elected police magistrate of the said town of
Morrison, and until his successor shall be elected and quali-
fied.
§ 12. The city council shall have power to recall and C'ty bonds,
withdraw from circulation any of the matured city bonds
for city indebtedness, for the purpose of paying the same, or
to have new bonds issued to those who are legally entitled
to them ; but in no case shall such bonds be disposed of
under par, except as provided by section second, article
seven of this act.
§ 13. All ordinances may be proved by the seal of the ^^aQcesf *^^^'
corporation of the city, and when printed or published in a
book or pamphlet form, and purporting to be printed and
published by authority of the corporation, the same shall be
received in evidence in all courts and places without fur-
ther proof, and the book or books of city records and jour-
nal of proceedings kept by the city clerk shall be received
in evidence in the trial of any case or cases wherein the city
may be a party, without further proof, and all ordinances
may be proved by the introduction of the same, properly
signed and sealed, or by the introduction in evidence of the
book of records or the journal of proceedings of the city
council containing the same.
§ 14. Ev'ery ordinance, regulation and by-law i.mposing Publication of
any penalty, line, imprisonment or tbrteiture for a violation
of its provisions, shall, after the passage thereof, be pub-
lished once in the newspaper publishing the ordinances of the
city, and proof of such publication, by the affidavit of the
printer or publisher of such newspaper, taken before any
officer authorized to administer oaths, and tiled with the city
clerk, shall be conclusive evidence of the legal publication
and promulgation of such ordinance, regulation or by-law
in all courts and places.
§ 15. Appeals shall be allowed from the decisions in all Appeals,
cases arising under the provisions of this act or under any
ordinance passed in pursuance thereof, that may be brought
before any justice or other magistrate, to the circuit court
of Whiteside county, and every such appeal shall be taken
and granted in the same manner and with [like] effect as ap-
peals are taken from justices of the peace to the circuit
court under the laws of the state.
§ 16. The style of the ordinances shall be, "Be it or- style of ordi-
dained by the city council of the city of Morrison." nances.
§ 17. Any tract of land adjoining said city which may Additions.
be laid off into blocks or lots and only platted according to
Vol. i— 52
statement of
finances.
Fire depart-
ment.
618 CITIES.
law, and any tract of land adjoining the city, with the con-
sent of the owner thereof, shall and may be annexed to said
city and form a part thereof.
§ 18. The city council shall, at least ten days before the
annual election in each year, cause to be written and posted
in the clerk's office, a correct and full statement of the re-
ceipts 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 dis-
tinct statement of the whole amount assessed, received and
expended in the respective wards and divisions for making
and repairing streets, highways and bridges for the same
period, together with such information as may be necessary
to a full understanding of the financial concerns of the city.
§ 19. The city council shall have power to provi le f n-
the prevention and extinguishment of fires, and to organize
and establish fire companies ; to regulate and prevent the
erection of manufactories dangerous in causing fires ; ap-
point lire wardens and property guards, with power to re-
move and keep away from the vicinity of any fire all idle or
suspicious persons, and to compel any person or persons
present to aid in extinguishing fires or in the preservation of
property exposed to the danger of the same, and to prevent
goods from being purloined thereat, and with such other
powers and duties as may be prescribed by ordinance.
Jurisdiction. | 20. The policc magistrate and justices of the peace
who now have and hereafter may have their offices within
the corporate limits of the city, shall have jurisdiction to
hear and determine all cases in which the said city may be
a party under or by virtue of this act or any ordinance or
by-law of said city.
Vested proper- § 21. All property, real and personal, heretofore vested
*y- in the president and trustees of the town of Morrison, for
the use of the inhabitants of said town, or belonging to said
town in any manner, shall be and the same is hereby de-
clared to be vested in the corporation hereby created.
§ 22. The present board of trustees and other officers of
the town of Morrison now in office shall respectively con-
tinue in the same ; the present president of the board of
trustees shall be the "acting mayor," until superseded in
conformity to the provisions thereof, but shall be governed by
this act, which shall take effect from and after its passage.
§ 23. The mayor of said city is hereby empowered to
call on any male inhabitant over eighteen years of age to
aid in enforcing the laws and ordinances, and in case of
riot to call out the militia or military to aid in suppressing
the same, or carry into [effect] any law or ordinance; and au}-
person who shall not obey such a call shall forfeit to said
city a tine not exceeding ten dollars.
Acting mayor.
Inhabitants to
aid in enfor-
cing laws.
CITIES. ()19
§ 21. This act is hereby declared to be a public act, and Evidence of act
may be read in evidence in all cases of law and equity iu t/on.'"'^°'^'^°'^"
the state, witliout proof.
§ 25. Fromded^ that this act shall not take effect nor be proviso.
in force until after tlie same shall have been adopted by a
majority of the lei^al voters of the said town of Morrison at
the next general election held therein.
Appkoved February 27, 1867.
AN ACT to amend the charter of the citv of Joliet. In force March
1, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That section Section i, chap-
one of chapter one of the charter of the city of Joliet, be *^'" ^' *'^*'*'*^'*-
so amended that the boundaries of said city, shall be
described as follows, to- wit: That all of sections nine, ten, Boundaries,
fifteen and sixteen, in township thirty-five north, range ten,
east of the third principal meridian, except that part of
section fifteen (15) lying south and east of the center of
Hickory creek, and that part of said sections ten and fifteen
(10 and 15) lying east of the center of Spring creek, and
also excepting the east half of the east half of section ten
(10) the boundary shall also include the south half of the
south half of section four (4), township thirty-five north,
range ten east of the third principal meridian.
§ 2. First:- — That article second of section one, of chap-
ter five, be so amended as to read as follows, to-wit ; to
annually levy and collect a school tax, not exceeding ten
mills on the dollar, on all real and personal estate, to meet
the expenses of purchasing grounds for school houses, and
for building and repairing school houses, and supporting
and maintaining schools.
Second. — That article third of section one, of said chapter. Articles, secti.n
be so amended as to levy and collect a tax not exceeding xaxTs!"^
three mills on the dollar, per annum, on real and personal
Cotate, to meet the interest accruing on the bonded debt of
the city.
§ 3. And that article third, of section two of said chap- Articles, section
ter, be so amended, as to require (and it is hereby made the ^' **®°*^^^'
duty) of every male resident of the city, over the age of
twenty-one years, and under the age of sixty years, to labor
not more than three daj'S in each year, the time to be fixed
by common council, upon the streets and alleys, but every
person may, at his option, pay at the rate of one dollar
per day for every day so fixed by the council, he shall be
so bound to lal)or : Provided.^ the same shall be paid on or
before the fij'st day of the three days, upon which he may
620 CITIES.
be notified to labor by the person authorized to collect the
same ; in default of payment, as aforesaid, the sum of two
dollars per day may be collected, and no off-set shall be
allowed in any suit brought to recover the same. Street
taxes shall be expended in the several wards, where the
person, paying the same, respectively reside.
Section 2 of act g 4. That sectiou two, of a certain act, for the amend-
lef'isbs, amen- meiit of the charter of the city of Joliet, approved February
^^^- 16, 1865, be so amended as to read as follows: The provi-
sions of said charter, for the election of police magistrate,
are hereby repealed, and the otiices thereby created are
hereby abolished. At the charter election of said city, for
the year 1866, and every fourth year thereafter, there shall
The election of be one policc magistrate elected for said city, who shall
u-ate? ""^^'^ bold his office for the term of four years from the date of
his election.
Jurisdiction of. § 5. The policc magistrate shall have jurisdiction in all
cases to the amount ot five hundred dollars, under the ordi-
nances of the city of Joliet.
Constables du- g Q^ There shall be elected at each annual election, one
ties and powers P. i i • i , , . . . . , . i i 1 1
police constable ni each school district ot said city, who shall
have the same power as town constable, and who shall be
police officers in said city, and perform such duties as the
council may prescribe, and the council may abolish the
Office of street office of Street commissioner or may provide for the
abolished? "'^'^ appointment or election of one or more street commissioners,
Part of section 3, and that SO much of section three, of chapter second, as
pealed! ' *^ requires the election of one police constable in each ward,
is hereby repealed, and no person elected a town constable
shall perform any police duties in said city, unless appointed
a police officer by the common council or mayor.
Chapter 7 amen- § 8. That chapter scveu sliall be amended so as to read
^^'^- as follows, viz ;
§ 1. The common council shall have power from time
to time.
streets to be J^irst. — To cause any street, alley or highway, to be
|av'ed|etc,''°*^ graded, leveled, paved, macadamized or planked, and to
keep the same in repair.
/Second. — To cause cross and sidewalks, main drains,
sewers and private drains, to be constructed and laid, relaid,
cleansed and repaired, and regulate the same.
Public grounds. 2Mrd.~To grade, improve, fence, protect, and ornament
any public square or ground, now or hereafter to be laid
out.
Sidewalks, etc. § 2. Whenever any sidewalk in said city, shall need
re[)airs and notice can not be served upon the owner of the
real (v-^tate opi)o,site the same, or in case of such service,
tl e owner shall neglect to make such repairs, within three
days troui the service of such notice, the mayor or common
council may cause the same to be repaired by the street com-
missioner or otlier person, who shall keep an accurate account
CITIES. 621
of the expense of making sncli repairs and shall file the
same with the city clerk, who shall charge the same to the
lot or parcels of real estate opposite such walk, and add the
amount of such expenses to the annual taxes to be collected
from said lot.
§ 3. If any person shall receive any injury or damage
by reason of the insufficiency of any sidewalk, the owner
or the land fronting on said walk, shall be liable for such
damage, but no action shall be maintained against said city,
unless in case of gross negligence on the part of the city
authorities, nor then only, for the actual damage sustained.
§ 4. All owners or occupants, in front, or upon whose Repairs of pri-
premises the common council shall order and direct side- ^^'^ i'^*^P^'"*y-
walks or private drains, communicating with any main
drain, to be constructed, repaired, relaid or cleansed, shall
make, repair, relay or cleanse such sidewalks or private
drains, at their own cost or charges, in the manner and with-
in the time prescribed by ordinance or otherwise, and if not
done in the manner and within the time prescribed, the
conned may cause the same to be constructed, repaired,
relaid or cleansed, and assess the expense thereof by an
order, to be entered 'in tlieir proceedings upon such lots
respectively, and collect the same by warrant and sale of
the premises as in other cases. A suit may also be main-
tained against the owners or occupants of such premises, for
recovery of such expenses, as for money paid and laid
out to his use at his request.
§ 5. In all cases where expenses may be incurred in the Expenses for the
removal of any nuisance, the common council may cause n^iusances'.^ ^'^^
the same to be assessed against the real estate chargeable
therewith, in the manner prescribed in the foregoing sec-
tion ; such expenses shall be likewise collected of the owner
or occupant of such premises, in a suit for money expended
to his or their use ; m case the same should not be charge-
able to any real estate, suit may in like manner be brought
for such expenses against the author of such nuisance, when
known, or any persctn whose duty it may be to remove or
abate the same ) and in case of levying assessments for
sidewalks by commissioners, no commissioner shall receive
pay for more than one day's services.
§3 0. That that part ot the northeast quarter of section Additions to the
twenty-one, township thirty-five north, range ten east, etc., °"y"
which lies east ot the Chicago and St. Louis railroad, be,
and the same is added to, and made a part of school district
No. two (2), in tlie city of Joliet, in Will county.
§ 11. AH acts and parts of acts coming in conflict with
the provisions of this act, are hereby repealed. This act
shall take effect and be in force trom and after its passage.
Approved March 1, 1«67.
622
CITIES.
In force March
1, 186T.
AN ACT to amend the charter of the city of Amboy.
Section 1. £e it enacted hy the People of the State of
Illinois, represerted in the General Assevnblt/, That tlie
Liquor license, charter of tiie cir} of Amboy is hereby so amended, that
hereafter the city council of said city shall not grant a
license to any person or persons, to sell beer, ale, porter or
cider, or any spirituous, vinous, fermented or mixed liquors
within the corporate limits of said city, in less quantities
than one gallon, except to druggists, who shall be allowed
to sell for medicinal or mechanical purposes only, unless a
majority of the votes cast at any annual municipal election,
shall be for license, then, and in that case the city council
may grant licenses for one year after such election.
■ § 2. This act shall take effect and be in force from and
after its passage.
Appkoved March 1, 1867.
In force March AN ACT to define the limits of the city of Peoria and to amend the cha
1, 1867. ter of the same.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That ail that
Limits defined, district of couutry included in the south half of section
three, the south half of the north half of section three, the
south half of section four, the south half of the north half
of section four, the south-east quarter of section live, the
south half of the southwest quarter of section live, section
eight, fractional section nine, fractional section ten, frac-
tional section sixteen, fractional section seventeen, in town-
ship eight north of the base line of range eight east of the
fourth principal meridian, and to the middle of so much of
the Illinois river and lake Peoria as lie in front of said dis-
trict, is hereby declared to be within the corporate limits of
the city of Peoria.
Wards. § 2. The above described district of country embraced
within the corporate limits of the city of Peoria, shall be
divided into six Wards, which shall be bounded and num-
bered as follows :
First. The boundaries of the fir'st ward shall commence at the
center of Illinois river, opposite the foot of Hudson or
Ijridge street, running to said street, along said street to
Franklin street; aloi.g Franklin street to First street; along
First street to Steuben ville street ; along Stoubenville street
to the plank road ; along the plank road to Jefferson street;
along Jefferson street to Pecan street ; along the line of
CITIES. 623
Pecan street to the center of the Illinois river ; up the center
of the Illinois river to the place of beginning, and all of
the territory embraced within said limits, shall be known as
the "First "Ward."
The boundaries of the second ward shall commence at Second,
the center of the Illinois river opposite the foot of Main
street, running to Main street ; along Main street to Perry
street ; along Perry street to Franklin street ; along Frank-
lin street to Sixth street; along Sixth street to Spencer
street; «,long Spencer street to Seventh avenue; along
Seventh avenue to Steubenville street ; along Steubenville
street to First street ; along First street to Franklin street ;
along Franklin street to Hudson or Bridge street ; along
Bridge street to the center of Illinois river; up the Illi-
nois river to the place of beginning, and all the territory
embraced within said limits shall be known as the " Second
Ward."
The boundaries of the third ward shall commence at the Third,
intersection of Main and Adams streets ; along North
Adams street to the city limits ; along city limits to a point
on a line with Hale street ; along said line to Hale street ;
along Hale street to Knoxville road, down the Knoxville
road to Main street ; along Main street to the point of be-
ginning, and all the territory embraced within said limits
shall be known as the "Third Ward."
The boundaries of the lourth ward shall commence at the Fourth,
intersection of Main and Adams streets ; along North
Adams street to the city limits; along the city limits to the
center of Illinois river ; along the center ot Illinois river
to a point oppDsite the tout of Main street, thence to Main
street; along Main street to the point of beginning, ai. ' -ill
the territory enibraced within said limits shall be known a.
the " Fourth Ward."
The boundaries of the filth ward shall commence at the Fifth,
intersection of Main and Perry streets ; along Main street
to the Knoxville road ; along Knoxville road to Hale street ;
along Hale street, and on direct line with Hale street, to the
city limits ; along the city limits to a point due north from
Steubenville street, thence south to Seventh avenue ; along
Seventh avenue to Spencer street ; along Spencer street to
Sixth street; along sixth street to Franklin street; along
Franklin street to Perry street ; along Perry street to place
of beginning, and all the territory embraced within said
limits shall be known as the " Fifth Ward."
The boundaries of the sixth ward shall commence at the sixth,
center of Illinois river, opposite the foot of Pecan street,
running thence to Pecan street ; along Pecan street to Jef-
ferson street ; along Jefferson street to the plank road ;
along the plank road to Steubenville street ; along Steuben-
ville street, and north to the city limits, following the city
limits to its southern boundary ; along the southern bound-
624
Fiscal year.
Financial state
ments.
ary of the city to the center of the Illinois river: along
the center of the Illinois river, to the place of becfinning,
and all the territory embraced within said limits shall be
known as the '* Sixth Ward."
Additional pow- 8 3. The citv council, in addition to its present powers,
eis of council. i "n i > t V ^i i .• i .J
shall have power to direct the location and management ot,
and regulate and license breweries, tanneries and packing
houses, and direct the location, management and construc-
tion of, and regulate, license, restrain, abate and prohibit
within the city and to the distance of five miles therefrom,
distilleries, slaughtering establishments, establishments for
steaming or rendering lard, tallow, offal, and such other
substances as can or may be rendered, and all establish-
ments or places where any nauseous, offensive or any un-
wholesome business may be carried on.
§ 4. The fiscal year of the city of Peoria shall expire
with the thirty-first day of December, annually, and it shall
be the duty of the city clerk to cavise to be printed and
distributed, in pamphlet form, a full and detailed statement
of the receipts and expenditures of said city within two
months thereafter; and any failure so to do shall subject
said clerk to a fine of five hundred dollars, to be recovered
in any action of debt, brought in the name of the "People
of the state of Illinois," which fine, when collected, shall be
paid into the treasury of the city.
§ 5. No officer shall be aj)pointed by any city council to
serve for a longer term than beyond the term of said coun-
cil, or until the successor ot such officer shall be appointed
and cpialitied, and all contracts made for the term of one
year shall commence and expire with the life of the city
council making them.
§ 6. The city council shall have power to erect addi-
tional wards or change the boimdaries of the present wards ;
but no change shall be made within three years from the
passage of this act, nor oftener than once in every three
years thereafter, nor at any time within three months pre-
ceding any city election.
§ 7. The city council of Peoria shall cause this act to be
published in the daily newspaper published in the city of
Peoria having the largest circulation, and all proceedings of
the city council, ordinances, advertisements and delinquent
tax lists shall be published in such daily newspaper having
the largest circulation : Provided, that no greater price is
charged by such paper than is charged to its regular adver-
tising customers. The fact of the circulation of the com-
peting daily newspapers shall be determined annually by a
board consisting of one person appointed by the publishers
of each of the competing papers and one other person ap-
ppointed by the persons selected by the publishers of the
competing papers, and the decision of said board shall be
binding on the city council.
Term of office.|
Change
wards.
Publication of
act.
CITIES. * 625
§ 8. This act shall be in force from and after its passage, conflicting acts
and all acts and parts of acts coming within the provisions '^p®*^**^-
of this act, or contrary to, or inconsistent with its provisions,
are hereby repealed.
Appkoved March 1, 1867.
AN ACT to repeal an act entitled " An act to amend the charter of the in force Feb'y
city of Alton." 28, 1867.
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in the General Assembly^ That an act Aet approved
entitled "An act to amend the charter of the city of Alton," iseay^repeakd*.
approved February 16, 1865, in relation to markets, be and
the same is hereby repealed.
§ 2. This act to take effect and be in force from and
after its passage.
Appkoved February 28, 1867.
AN ACT to incorporate the city of Carrollton. In forefi when
adopted by the
legal voters. ^
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That the Boundaries,
inhabitants of all that district of country in the county of
Greene, and state of Illinois, contained within the hmits
and boundaries hereinafter prescribed, shall be a body poli-
tic, under the name and style of " The City of Carrollton,"
and by that name shall have power to sue and be sued ; Powers,
complain and defend in any court ; make and use a com-
mon seal, and alter it at pleasure ; and take and hold, pur-
chase, lease and convey such real, personal or mixed estate
as the purposes of the corporation may require, within or
without the limits of said city.
§ 2. The corporate limits and jurisdiction of said city Limits and jurii
of Carrollton shall embrace and include within the same all "^<^"*>''*
of that territory bounded as follows, to-wit : Commencing
at the northwest corner of the southwest quarter of section
numbered fifteen (15), in township numbered ten, north
of range twelve, west of the third principal meridian ;
thence running east two (2) miles to the northeast corner
of the southeast quarter of section fourteen (14), in same
township and range ; thence south along the section line
two miles, to the southeast corner of the northeast quarter »
of section twenty-six (26), in same township and range ;
626
thence west two miles, to the southwest corner of the
northwest quarter of section twenty-seven (27) ; thence
north two miles, to the place of beginning.
OFFICERS THEIR ELECTION AND APPOINTMENT,
gov- § 3. Th
ernment,
Municipal gov- R 3. The numicipal government of the city shall consist
wrnment. , "J . } c!> i ,. i i x i
01 a common council, composed oi the mayor and tour al-
dermen. The other officers of the cor])oration shall be as
follows: A clerk, a treasurer, a constable, a street inspec-
tor, a weigher and measurer, an attorney, a police magis-
trate, a board ot assessors, a collector, and as many police-
men, keepers and assistants of workhouses, and such other
othcers and agents as may be provided for by this act, or
the common council may from time to time direct.
Eiectbn of offi- § 4. On the tirst Tuesday after the first Monday in the
'^^^*' month of May, a. d. 1867, and on the first Tuesday after
the first Monday in the month of May in each year there-
alter, an election shall be held in said city for one mayor
and four aldeinien, who shall hold their offices fur one year
and until their successors are elected and qualified ; which
Manner of con- ;tij.g(; election shall Commence at ten o'clock in the forenoon
and close at five o'clock in the afternoon of said day ; and
any two of the present trustees shall be judges of said elec-
tion, who shall appoint their own clerks, receive and can-
vass the votes, declare the result, furnish to each of the
persons elected a certificate of his election, and lay the poll
books of such election before the common council at its first
meeting. At all subsequent elections, any two members
of the common council shall be judges of the same, and
said elections shall be held and returns made and conduct-
ed as may be prescribed by ordinance.
Qualified voters g 5^ Xll free white inhabitants of said city shall be en-
titled to vote for city otiicers, who are qualified to vote
for state officers, and who shall have resided in said city
one month next before any such election. Every voter
who shall be required by any person qualified to vote at any
such election, shall take the following oath before he is per-
oathof. mitted to vote : "I swear (^or affirm) that I am of the age
of twenty-one years, that I am a citizen of the United
States, (or was a resident of this state at the time of the
adoption of the constitution,) and have been a resident of
this state for one year, and a resident of this city for one
month immediately preceding this election ; and have not
Illegal voters. Voted at this election." All persons illegally voting at any
election under this act shall be punishable according to the
laws of this stHte.
Folic- magis- § (5. At the annual election in said city on the first
trate. Tucsdav after the fiist Monday in the month of May, a. d.
1867, and every four years thereafier, there shall be elected
one police magistrate, to be elected and qualified as provid-
ed by an act entitled "An act for the batter government of
CITIES. 627
towns and cities, and to amend the charters thereof." ap-
proved February 27,1854, and all the provisions of eaid
act are hereby declared applicable to said police magistrate.
All other othcers of said city shall be appointed annually by *^JJ^Qg°,'"'^°* °'
the common council, and may be removed at the pleasure .°
of the common council, who shall till all vacancies.
POWERS AND DUTIES OF OFFICERS.
§ 7. Every person chosen or appointed to an executive, oath of office,
judicial or administrative ottice under this act shall, before
he enters upon the duties of his office, take and subscribe
the oath of office prescribed in the constitution of this state,
and file the same, duly certified by the officer before whom
it was taken, with the city clerk.
§ 8. The mayor shall preside over the meetings of the Mayor,
common council, preserve order, and direct the course of
business before the council, and in case of a tie in any vote
thereof, shall give the casting vote.
§ 9. No person shall l)e eligible to the office of mayor Eligibility,
who is not a citizen of the United States, and who shall not
have been a resident of the city for two years next preced-
ing his election, or who shall he under twenty-one years of
age. If the mayor removes from the city his office shall be
vacated.
§ 10. The mayor is hereby authorized to call on any inhabitants
anvl all white male inhabitants of the city or county, over "" '
the age of eighteen years, to aid in enforcing the laws of
the state or ordinances of the city ; and in case of riot to
call out the militia to assist in suppressing the same, or
carrying into effect any law or ordinance ; and any person
who shall not obey such call, shall forfeit and pay to said city
a fine of fiv-e dollars. He shall have power, whenever he may
deem it necessary, to require of any of the officers of the city ^ooks,* piper's!
an exhibit of all their official books and papers, and sball
have power to execute all duties that may be required of
him by this act, or any ordinance made in pursuance there- Salary of mayor
of. He shall have a salary of two hundred dollars per an- •
num in full compensation of all official services devolved vacancy.
upon him by this or any subsequent act. In case of a va-
cancy in the office of mayor, or of his being unable to per-
form the* duties of his office by reason of absence or sick-
ness, the common council shall appoint one of their number
to preside over their meetings, whose official designation Acting mayor,
shall be '"Acting Mayor." And the alderman so appoint-
ed shall be vested with all the powers and perform all the
duties of mayor, until the mayor shall resume his office or
the vacancy be tilled by a new election. council.
§ 11. The members of the common council shall be
conservators of the peace, and shall be exempt from jury
duty and road and street duty during their term of office.
aid m enforc-
laws.
ingl
628 CITIES.
Duties ©f clerk. § 12. The clerk shall keep the corporate seal, and make
a record of the proceedings of the common council, at whose
meetings it shall be his doty to attend ; and copies of all
papers duly filed in his office, and transcripts from the
records of the proceedings of the common council, certified
by him, under the corporate seal, shall be evidence in all
courts and other places, in like manner as if the originals
were produced. He shall also have power to administer
any oath authorized to be administered by the laws of this
state or the ordinances of said city.
Duties of attor- § 13. The city attorney shall, subject to the directions
°®^' of the common council, conduct all the law business of the
corporation. He shall hold his office in such place as the city
may provide, and when required shall furnish written opin-
ions upon subjects submitted to him by the mayor or com-
mon counciL Ee shall also draft all ordinances, bonds, con-
tracts, leases, conveyances and such other instruments of
writing, as may be required by the business of the city ;
and to perform such other duties as may be prescribed by
the charter and ordinances of the city.
Duties of con- § 14. Evcry person appointed or elected to the office of
stable. constable shall, before he enters upon the duties of his office,
with two or more sureties, to be approved by the common
councij, execute in the presence of the clerk of the city,
a bond, by which such constable and sureties shall jointly
and severally agree to pay to the city of Carrollton, for the
use of any person who may be entitled thereto, all such
* sums of money as the said constable may be liable to pay
by reason or on account of any summons, execution, dis-
tress warrant, or other process which shall be delivered to
him for collection. The clerk shall certify the approval of
the common council on such instrnmeiit and file the same,
and a copy, certified by the clerk under the corporate seal,
shall be presumptive evidence in all courts, of the execution
thereof by such constable and his sureties ; and all actions
thereon shall be prosecuted within two years after the ex-
piration of the year for which the constable therein named
was appointed or elected, and may be brought in the name
of said city, for the use of the person or persons entitled to
the money collected by virtue of such instruments.
Jurisdiction of. § 15. The cit}^ Constable shall have power and ajithority
to execute all process issued for the breach of any ordi-
nance of said city ; and for that purpose his power and au-
thority shall extend over the county of Greene, and shall
have the same power, jurisdiction and authority within
the limits of said city as other constables under the laws of
this state.
D'l'ies and pow- g ig. The coinmou 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 duties and
powers of all officers elected or appointed to any office under
perty, etc.
CITIES. 629
this act, whose duties are not herein specifically mentioned ;
and to lix the fees and compensation of all oflticers, jurors, Fees and com-
witnesses and others, for services rendered under this act p^"®^''"""-
or any ordinance. They may require bonds to be given by
all olhcers to the city of CarroUton, for the faithful perform-
ance of their duties, and with such other conditions as the
common council may prescribe. Suits may be brought on suits at law.
any such bond, or any other bonds given to said city, for
the breach of the conditions thereof before the police magis-
trate, or other justice of the peace of Greene county, where
the amount of damages in controversy does not exceed one
hundred dollars.
§ 17. If any person, having been an otficer in said city, Penaiuesfor the
1 11 , . , y -T ' o .... 1 •■' ' non-surrender
sliall not, within ten days atter uotmcation and request, <'f office pro-
deliver to his successor in office all property, papers and
elfects of every description in his possession belonging to
said city or appertaining to the office he held, he shall for-
feit and pay for the use of the city one hundred dollars be-
sides all damages caused by his neglect or refusal so to
deliver ; and his successor shall and may recover possession
of the books, papers and property appertaining to his office,
in the manner prescribed by the laws of this state.
THE COMMON COUNCIL ITS POWERS AND DUTIES.
§ 18. The common council shall determine the qualifi- Retimg.
cations of its own members, and all cases of the returns and
elections of their own body. A majority shall consti-
tute a quorum, but a smaller number may adjourn Quorum,
from day to day and compel the attendance of absent Absent men
members, under such penahies as may be prescribed by ^^'^'
ordinance; shall have power to (leternJne the rules of its
own proceedings; punish a member for disorderly conduct,
and with the concurrence of two-thirds, expel a member.
There shall be at least one stated meeting of the common Meetings.
council in each modth, at such time and place as the com-
mon council may prescribe, and the mayor or any two
aldermen may call special meetings by notice to each mem- Special meet-
ber of said council, if practicable. If the mayor or any alder- '°^^'
man shall remove from said city his office shall become
vacant.
§ 19. The common council shall have power and author- Taxes,
ity to levy, assess and collect a tax upon all property, real,
personal and mixed, in said city, which is now or may
hereafter be subject to taxation for state or county purposes,
not exceeding one per centum per annum upon the assessed
value thereof, and may assess and enforce the collection of
the same, by any ordinances notjrepugnant to the constitu-
tion of this state or of the United States ; or the said coun-
cil ma}', if they think proper so to do, by order, resolution
or ordinance, adopt the annual assessment made of the
property in said city by the county assessor and cause the
same to be collected by tlie county collector.
630
CITIES.
Extension and
cullection.
Compensation
of clerk and
collector.
Fraudulent de-
vices.
Games and
gaming.
Liquor traffic.
Merrhants a
auctioneers.
Exhibitions.
Disorderly-
houses.
Offensive estab-
lishments.
Distilleries, tan-
neries, etc.
§ 20. It said council shall determine to adopt the assess-
ment made by the authority of the state and county, they
shall give to the clerk or other othcer whose dnry it is iDy law
to extend the tax by existing laws, notice of their determi-
nation so to do, which notice shall be a copy of their records,
and also the rate of taxation, and upon the receipt of such
notice the said tax shall be extended and collected, and its
collection enforced in the same manner as other revenue.
The clerk and collector shall be allowed the same compen-
sation for services under this act as are allowed to them
for similar services under the revenue laws of this state :
Provided, that nothing contained in this act shall be so
construed as to prevent said corporation from providing for
the assessment and collection of such taxes by ordinance.
§ 21. The common council shall have power and
authority to prevent and restrain every kind of fraudulent
device and practice.
To prohibit and restrain all descriptions of gaming and
fraudulent devices, and all playing with dice, cards or other
games of chance, with or without betting.
To prohibit and forbid, or to license and regulate the selling
or giving away of any ardent spirits and intoxicating drinks
by atiy shopkeeper, trader, grocer or other person.
' To forbid the selling or giving away of ardent spirits or
other intoxicating drinks, to any minor, apprentice or ser-
vant, without the consent of his or her parent, guardian,
master or mistress.
To license, tax and regi lite auctioneers, merchants, re-
tailers, grocers, taven^s, eating houses, peddlers, brokers,
money changers and hawkers.
To license, tax, regulate, restrain and prohibit theatrical
and other exhibitions, shows and amusements.
To restrain, prohibit and suppress gaining houses, bawdy
houses and other disorderly houses, and to authorize the
destruction and demolition of all devices and instruments
iised for the purposes of gaming.
To prevent any riot or noise, disturbance or disorderly
assemblage.
To compel the owner or occupant of any grocery, cellar,
tallow chandler's shop, soap factory, barn, stable, privy,
sewer or other unwholesome, nauseous house or place ; to
cleanse, remove or abate the same, from time to time as
often as may be necessary for the health, comfort and con-
venience of the inhabitants of said city.
To direct the location, management and construction of,
and regulate, license, restrain, abate and prohibit, within
the city and the distance of one mile therefrom, distilleries,
breweries, slaughtering establishments, establishments for
Steaming or rendering lard, tallow, otfal and such other
substances as can or may be rendered, and all establish-
Abuse of ani-
mals.
CITIES 631
ments or places where any nauseous, offensive or unwhole-
some business may be carried on.
To establish and regulate markets and all other public Markets,
buildings, and provide for their erection and determine
their location.
To regulate, prohibit and license butchers and to revoke Butohers.
their licenses for malconduct in the course of trade, and to
regulate, license and restrain the sale of fresh meats and "^^^iL""*^ ^^^^'
vegetables in the city.
To regulate the keeping and conveying of gun powder combustibles.
and other combustible and dangerous materials, and the use
of candles and lights, in barns, stables and outhouses.
To prevent horse racing, immoderate riding or driving ^^^^j^j^^^ing^"*
in the streets or squares, and to authorize persons immode-
rately riding or driving, as aforesaid, to be stopped by any
person, and to punish or prohibit the abuse of animals ; to
compel persons to fasten their horses, oxen or other ani-
mals attached to vehicles or otherwise, while standing or
remaining in the street, lane or square.
To prevent the encumbering of the streets, sidewalks. Encumbrances,
lanes, alleys, squares and public grounds, and to restrain
and prohibit persons from riding or driving, leading or
standing of any animal on the sidewalks, and to prevent
any crossing from being encumbered with horses, vehicles
or anything else.
To prevent any obscene or indecent exposure, exhibition obscenities.
or conduct.
To restrain and punish vagrants, mendicants, street beg- vagrants.
gars and prostitutes, and to punish any person for being Drunkards.
drunk in any public place in said city.
To restrain and regulate or prohibit the running at large Animals at large
of cattle, horses, mules, swine, sheep, goats, geese, chickens,
turkeys and pigeons, and to authorize the distraining, im-
pounding and sale of the same, for the penalty incurred
and the costs of the proceedings, and also to impose penal-
ties on the owners of any such animals for a violation of
any ordinance in relation thereto.
To prevent and regulate the running at large of dogs ; to °°**
tax, and to authorize the destruction of the same when at
large contrary to ordinance.
'io prevent and regulate the playing of ball, flying of ^piay^^g. ^''®
kites or any other amusement or practice having a tenden-
cy to annoy persons passing in the streets or on the side-
walks, or to frighten teams and horses.
To make regulations to prevent the introduction or Diseases.
spread of contagious and infectious diseases into the city
and within two miles of the same.
To control, regulate, repair, amend and clean the lanes, street improve-
alleys, squares, bridges, side and crosswalks, and establish,
open, widen, straighten and vacate, streets, lanes and alleys
and to establish and alter the grade thereof, and prevent
632 CITIES.
the encumbrance of the streets in any manner, and protect
the same and the bridges from any encroachment or injury,
and to compel all persons to keep the snow, ice, dirt and
other obstructions from the sidewalks in front of the premi-
ses owned or occupied b}'- theui.
Nuisances. To abate and remove nuisances, and to punish the au-
thors thereof, and to define and declare what shall be a
nuisance, and authorize the summary abatement thereof.
Interments. To rcgulatc the burial of the dead. _
To regulate and prohibit the keeping oi any lumber, or
the placing, piling or selling lumber, timber, wood or other
combustible material within the tire limits of said city.
Walls and ^^ rcgulatc partition fences, and provide for the inspec-
fe'nces. tiou and weighing of hay and stone coal, and for the meas-
urement of wood and fuel to be used in said city.
Census ^^ provide for taking the enumeration of the inhabitants
of said city.
To regulate the appointment of city officers, define their
Appoin men s. ^^^^j^g ^^^^^ provide for the removal of any person holding
office under the ordinances.
To fix the fees and compensation of all city officers, jurors,
witnesses and others, for services rendered under this act or
any ordinance.
Breaches of or To imposc fiucs, penalties and forfeitures for the breach ot
dinances. ^^^ ordinance, and to provide for the recovery and appro-
Finegjetc. piiatiou of sucli tiucs and forfeitures, and the enforcement
ot such penalties.
Firing of squibs To prcvcut the firing of squibs, rockets, guns or other
and rockets, combustiblcs or fire arms within said city.
street labor. To compcl every male inhabitant of said city above the
age of twenty-one years, to perform three days labor on
the streets, lanes, alleys and squares, every year.
Sale of provis- To regulatc the place and manner of selling fish, and to
ions. prevent the sale of unwholesome provisions.
To restrain and prohibit the sale of drugged and mixed
and impure liquors, and to prohibit and restrain groceries and
other places of business from keeping open upon the Sab-
bath day or night time.
Pumps and cis- To regulate public pr.mps, wells and cisterne and reser-
terns. voirs, aiul to prevent the unnecessary waste of water.
To establish and regulate public pounds.
Lights and To erect lamps and direct the lighting thereof.
Treirand To dircct and regulate the planting and preserving of
shrubbery. ornamental and shade trees in the streets, cemeteries and
public grounds.
Sinks and pri- To fill up, drain, cleanse, alter, relay, repair and regulate
vies. j^j^y grounds, yards, barns, slips, stables, cellars, private
sinks and privies, direct and regulate their construction, and
cause the expenses to be collected in the manner hereinafter
provided.
CITIES. 633
ures.
To do all acts and make all regulations which may be sanitary meas-
necessary or expedient for the preservation of health and
the suppression of disease, and to erect or lease one or more
pest houses within or without the limits of said city, and to
remove all persons afflicted with any contagious or infec-
tious disease to said pest houses or hospitals, and to make
rules and regulations for the same.
To prevent any person from bringing, depositing or hav-
ing within the limits of said city any unsound carcass or
other unwholesome substance, and to compel any such per- \
son, and the owner of any animal which shall die in said
city, to remove and bury the same beyond the limits of said
city.
To declare what shall be malicious mischief, and to pun-
ish any person who shall be guilty thereof.
To provide for the punishment of offenders against any ^o"ffen^^®°* **^
ordinance [by imprisonment] in the county jail or by compel-
ling them to labor in the workhouse in all cases when such
offenders shall fail or refuse to pay the fines and forfeitures
which may be recovered against them.
To appoint a sufficient police force, to make rules and
regulations for the government of the same.
To suppress all riots, affrays, assaults and batteries, drunk-
enness, quarreling, open and notorious lewdness, or other
public indecency ; and no prosecution or conviction for any
offence, under the laws of this state, shall be a bar to prose-
cutions for fines, penalties or forfeitures for the breach of any
ordinance of said city.
To have charge of and superintendence of the sewers Plains and sew-
and drains of said city, and of all works pertaining thereto,
and for that purpose they shall have jurisdiction and au-
thority for one mile beyond the limits of said city.
To provide for the construction, repair and regulation of Nuisances.
privies and the manner of cleaning the same, and to declare
when the same shall be a nuisance, and prevent and remove
the same.
To construct and regulate the construction of cess pools cesspools.
and provide for the drainage of cess pools and privies, un-
der such rules, regulations and notices as they may deem
proper and right.
To provide for the protection of school houses, churches school bouses
and other property in said city, and to prevent persons, un- *° ' "* ^^'
der penalties, from injuring any public or private property
in said city.
To establish, alter or enlarge the boundaries of said city, ^^^rdl"*^'*' *°*'
and to divide the same into wards.
To establish and construct side and cross walks, and to fix
the grade thereof.
§ 22. The common council shall have power to make all Necessary ordi.
ordinances which shall be necessary and proper for carrying
into effect the powers specified in this act, so that such ©r-
Vol. 1—54:
634 CITIES.
diuances shall not be repugnant to the constitution of this
state and of the United States,
style of ordi- The stjle of the ordinances of said city shall be, " Be it
nances. ordained by the common council of the city of CarroUton."
Pibiioation of ^i^(\ all Ordinances shall, within one month after they are
or laaaies. p^^g^jj^ j^g published in a newsj>aper printed in said city,
or by posting copies of the same in four public places in
said city ; and the certificate of said publisher of such news-
paper, or of the clerk of the common council, under the seal
of the corporation, shall he prima facie evidence of such
publication. JN'o ordinance shall take effect until published
as aforesaid. All ordinances may be proven by the seal of
the corporation, and when printed or published m book or
pamphlet form, and purporting to be printed or published
by authority of the corporation, the same shall be received
in all courts and places without further proof.
Writ!. g 23. All writs for the recovery ot penalties for the
breach of any ordinance of said city shall be in the form
of an action of debt, before the police magistrate, or in
case of his absence or inability to act, before any other
Change of venue justice of the pcacc of Said city, and changes of venue and'
and appeals, g^ppg^ls shall be allowcd as in other cases before other
justices of the peace.
Power and du- § 24. The coustable and policemen elected or appointed
ties of consia- ", , , . . i^ ^i • "■ , - n i i
bie. under the provisions ot this act sliall have power and au-
thority to execute all processes issued for the breach of any
ordinance of said city ; and in any suit commenced before
the police magistrate or other justice of the peace, in which
the city is or may be a party, and for that purpose their
power and authority shall extend over the county of Greene,
and they shall have the same power and authority within
said city as other constables have under the laws of this
state, and shall give bonds and qualify as said common
council may by ordinance prescribe.
suitsatiaw. § 25. All suits for tines, penalties and forfeitures in and
for the violation of any ordinance of said city shall be in
the name of the "City of CarroUton," and said corporation
shall have power and authority, by ordinance, to regulate
and prescribe the form and nature of the first and ot any
subsequent process, and the mode of executing the same.
Fires and fire § 26. The coinmon council, for the purpose of providing
epartmcn . g^g.^inst calamities by tire, shall have power to prescribe the
limits within which wooden buildings and structures shall
not be erected, placed or repaired without permission, and
to direct that all and any buildings within the limits pre-
scribed shall be made or constructed of lire proof materials,
and to prohibit the repairing of any wooden or any other
building or •structure not tire proof within the fire limits
when the same shall have been damaged or depreciated in
value to the extent of tifty per cent, of the original value
thereof, and to prescribe the manner of ascertaining suck
damages and depreciation, and to prescribe the notice thereof
to the owner or occupant of the premises. The said com-
mon council shall have full power to organize fire, hose,
hook and ladder and ax companies, and to make rules and
regulations fur the same, and to do all acts not inconsistent
with the constitution of this state and of the United States;
to prevent and extinguish fires, and impose such penal-
ties for a violation of any ordinance in relation thereto as
they may deem just and fit.
§ 27. All ordinances, rules and regulations now in force Remain in force
in the town of CarroUton, and not inconsistent with this act,
shall remain in force under this act until altered, modified
or repealed by the common council of the city of CarroUton,
after this act shall take. effect.
§ 28. All actions, tines, rights, penalties and forfeitures, Penalties and
in suit or otherwise, which have accrued to the town of lo^feitureB.
CarroUton, shall be prosecuted in the name of the "presi-
dent and Trustees of the town of CarroUton," and the rights,
debts and liabilities, both in law and equity, arising from
»6uch liabilities to the town oji CarroUton, ehall vest in and
belong to the city of CarroUton.
^ 29. All property, real, personal and mixed, belonging vested property
to the town of CarroUton, is hereby vested in the city of
CarroUton, created by this act ; and the officers of the town
of CarroUton shall respectively continue in the same until
superseded in conformity to the provisions hereof, and said
ofiioers shall be governed by this act.
§ 30. This act shall not invalidate any legal act done by inTaiidation of
the president and trustees of the town of CarroUton, or **'*'■
by its officers, nor divest their successors, under this act, of
any liabilities which they may have incurred by reason of
any act incorporating the town of CarroUton.
§31. All constables, policemen and police magistrates Powers and du-
in said city are hereby declared to be conservators of the trltesan™ wn-
, peace, and they shall have power and authority to arrest, s'*'^^^'-
or cause to be arrested, all persons who shall break any or-
dinance of said city, and if necessary detain such persons in
custody over night or during the Sabbath day, or while any
such person may be intoxicated, in the county jail or other
safe place, to be selected by such peace oflicers, and shall
have and exercise such other powers as the common council '
may prescribe.
§ 32. This act shall apply as well to railroad companies Appuoation of
and other corporations in said city as to natural persons, and '^ '
it is hereby declared to be a public act, and shall be in force
from and after its adoption by a majority of the legal voters
voting at a special election in the town of CarroUton on the
second Monday in April, a. d. 1867, ten days' notice of
which election, and the time and place of holding the same,
to be given by the president and trustees of said town,
636 CITIES.
two of whom shall act as judges and one of whom shall
act as clerk of said special election.
Approved February 28, 1867.
In force Feb. AN ACT to amend the charter of the city of Canton.
28, 1867.
Section 1. Be it enacted hy the Peojple of the State of
Illinois, rej>resented in the General Assembly, Tliat the city
of Canton, in Fulton county, shall be bounded as follows,
to-wit : Commencing at the center of the northwest quarter
of section numbered twenty-six (26), in township seven
north, of range four east of the fourth principal meridian, in
said county, running thence west to the center of the north-
west quarter of section number twenty-seven (27), thence
south to the north line of Trench's addition to Canton ;
thence west along said north line of said addition to the ,
northeast corner of lot number jSve (5), in Hippie's subdivi-
sion of lots four, seven, eight and fifteen of said Trench's addi-
tion ; thence in a southwesterly direction to the northwest
corner of lot number six (6), in Thorp's subdivision of the
north half of lot number twenty-seven (27), in Trench's
addition ; thence south to the south side of the north hall
of said lot twenty-seven (27); thence east to the center of
West Third street ; thence along center of said street and
continuous road, to a point due west of the center of the
northwest quarter of section number thirty-four (3-i); thence
east along the north line of the south half of said north-
west quarter of section number thirty-four (34) to a point
sixty rods west of the east side of said nortJiwest quarter of
section thirty-four (34); thence south to south line of said
northwest quarter of section thirty-four (34) ; thence east
along the south line of the northwest and northeast quar-
ters of said section thirty-four (34), to the northwest quarter
of section number thirty-five (35) ; thence north to the
northwest corner of the southwest quarter of the northwest
quarter of said section number thirty-five (35) ; thence east
to the centre of the northwest quarter of section number
thirty-five (35) ; thence north to the centre of Walnut street,
on section line between sections twenty-six (26) and thirty-
five (35); thence east on said line to the southeast corner of
Hippie's addition ; thence north to the northeast corner of
said Hippie's addition ; thence west to the center of the
southwest quarter of section number twenty-six (26) ; thence
north to place of beginning.
§ 2. The city council may levy and assess a tax on the
real and personal property assessed, tor revenue purposes,
at a rate not to exceed one per cent.
CITIES. 637
§ 3. The city council shall have power to prohibit, sup- Liquor traffic,
press, license, regulate or tax saloons, tippling houses, dram
shops, joint stock drinking companies, associations, or any
other house or place where intoxicating, spirituous, vinous,
mixed, fermented or malt liquors shall be sold, given aM^ay
or otherwise disposed ot, and to provide for the punishment
of the offenders by fine or imprisonment, or both.
§ 4. In case the office of police magistrate shall become vacancy in of-
vacant, or the police magistrate shall refuse to act, or be ab- magistrate!'"'^
sent from the city, or be charged with the violation of any
ordinance of the city, proceedings may be commenced and
prosecuted before any justice of the peace in said city in
the same manner as before a police magistrate.
^ 5. This act is declared to be a public act and shall take
effect from and after its passage.
Approved February 28, 1867.
AN ACT to extend the corporate limits of the city of Quincy, in force Feb.
28, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the G-eneral Assembly^ That the Additions,
following bounded parcel of land situated in the county of
Adams, and state of Illinois, be and the same is hereby
attached to and made a part of the corporate limits of the
city of Quincy, in said county, as fully and completely as
any other parcel or parcels of land now within the corpo-
rate limits of said city, to- wit : Beginning at the intersec- Boundaries,
tion of the north line of Broadway and the east line of
Twenty-fourth street, in said city, and running thence due
east to the northwest corner ot the northeast quarter of sec-
tion six, in township two south of the base line, range eight
west of the fourth principal meridian, in said Adams county ;
thence due south to a point due oast of the southwest cor-
ner of the "Quincy cemetery ;" thence due west to the east
line of said Twenty-fourth street, and thence due north
along the said east line of said Twenty-fourth street to the
place of beginning.
§ 2. This act to take effect from its passage.
Appeoved February 28, 1867.
638
In force March
6, 1867.
Purposes of.
AN ACT to amend the charter of the city of Monmouth.
Section 1. Be it enacted hy the People of the State of
Rlinois^ represented in the General Assembly, That in ad-
dition to the powers already vested in the city council of
said city of Monmouth, by virtue of an act entitled "An
act to incorporate the city of Monmouth," approved June
21, 1852, and all acts amendatory thereof, the said city
council shall have the power to levy a tax annually not ex-
ceeding twenty-five cents on each one hundred dollars'
worth of taxable property in said city, for the purpose of
organizinsi: and maintaining a fire department in said city.
§ 2. Be it jurther enacted, that the money arising from
the taxes assessed under this act shall not be used for any
other purpose than that specified herein.
§ 3. This act shall take effect and be in force from and
after its passage.
Appboved March 5, 1867.
Limits defined.
In force Maroh _^n ^cT to extend the corporate limits of the city of Litchfield, and for
' ■ other purposes.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
corporate limits of the city of Litchfield are hereby extended
so as to include the east half of section thirty-two (32), all
of section thirty-three (33), and the west half of section
thirty-four (34), in township number nine (9) north, range
five (5) west of the third principal meridian ; also the west
half of section three (3), all of section four (4), and the east
half of section five (5), in township number eight (8), range
five (5) west of the third principal meridian,
^g ^ 2. That section twenty, of article thirteenth, of an act
*' Febru^ entitled "An act to incorporate the city of Litchfield, in Mont-
"^^' gomery county," approved February 16, 1859, be so amended
as that the mayor and each member of the city council shall
receive such compensation for their services as mayor and
"ouncilmen as they may from time to time provide for, by
-^lution or ordinance, to be paid from the city treasury
>of.
This act to take effect and be in force from and
■passage.
^D March 5, 1867.
of
ap-
AN ACT to amend an act entitled "An act to grant and establish a city In force March
charter for the city of Bloomington." 7, 1867.
CHAPTER I. *
BOUNDARIES AND WARDS.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the
inhabitants of all that diBtrict of country in the county of
McLean, and state of Illinois, contained within the limits
and boundaries as hereinafter prescribed, be and they are
hereby constituted a body politic and corporate, by the
name and style of the "City of Bloomington ;" and by that Name and style,
name shall have perpetual succession, and may have or not
have a common seal, which they may change, alter or
abolish at pleasure.
§ 2. The corporate limits of the city of Bloomington, corporateiimiu,
shall embrace and include within the same all of section
four (4), the west half of section three, (3,) the east half of
section hve, (5,) the northeast quarter of section eight, (8,)
the north half of section nine, (9,) and the northwest quarter
of section ten, (10,) all being in township twenty-three, (23)
north of range two, (2) east of the third principal meridian ;
the southeast quarter of section thirty-two, (32,) the south
half of section thirty -three, (33,) and the southwest quarter of
section thirty-four, (34,) ail being in township twenty-four
(24,) north of range two (2), east of the third principal
meridian ; and shall, also, include all town plats and addi-
tions adjoining the above prescribed limits ; and whenever
any tract of land adjoinhig the said limits or any addition
to said city, shall be laid off into town lots, and the plat
thereof recorded, the same shall be, and form a part of the
city of Bloomington, as fully as if within the original cor-
porate limits.
§ 3. The inhabitants of said city, by the name and powars.
style aforesaid, shall have power to sue and be sued, to plead
and be impleaded, defend and be defended, in all courts
of law and equity, and in all actions whatsoever ; to pur-
chase, receive, hold, lease, sell, convey and dispose-of pro-
perty, real and personal, within and beyond the corporate
limits, for public purposes, for the use of the inhabitants of
the city and to improve and protect such property, and to
do all other things in relation thereto, as natural persons.
§ 4. The city of Bloomington shall be divided into five wards,
wards as follows, viz :
First Ward. — All that part of the city which lies north First ward.
of the center of Front street and east of the center of Main
street, shall be denominated the First Ward.
Second Ward. — All tha^ part of the city which lies north second ward.
of the center of Front street, and south of the center of
640
Chestnut street and west of the center of Main street, shall
be denominated the Second Ward,
Third Ward. — All that part of the city which lies south
of the center of Front street and west of the center of
Main street, shall be denominated the Third Ward.
Fourth Ward. — All that part of the city which lies south
of the center of Front street and east of the center of Main
street, shall be denominated the Fourth Ward.
J^ifth Ward. — All that part of the city which lies north
of the center of Chestnut street and west of the center of
Main street, shall be denominated the Fifth Ward.
CHAPTER II.
OFFICERS AND THEIR ELECTION.
City govern
ment.
Mayor.
Tie— how deci
ded.
§ 1. The- municipal government of the city shall consist
of a mayor and a city council, composed of two aldermen
from each waid.
§ 2. The mayor shall be elected by the qualified voters
of the city, and shall hold his office for one year, and until
his successor is elected and qualified.
§ 3. The aldermen shall be elected by the qualified
voters of the city, and shall hold their respective offices for
two years, and until their successors are elected and quali-
fied, except as herein otherwise provided.
§ 4. Whenever their shall fail to be an election of any
officer voted for by the voters of said city, in consequence
of two or more candidates receiving an equal number of
votes for the same oflice, the judges of election shall certify
the same to the mayor, who shall determine the same by
the casting of lots, in such manner as the council may
direct.
Who shall not g 5. No pcrson shall be eligible to the oflice of mayor, who
is not a citizen of the United States, and who shall not have
been a resident of the city for at least two years next preced-
ing his election, or who shall be under twenty-one years of
age. If the mayor removes from the city his office shall be
vacated.
§ 6. No person shall be eligible to the oflice of alder-
be mayor.
Who shall not
be aldermen.
Election to
held.
shall not have been a resident of the city for one year next
preceding his election, or who shall be under twenty-one
years of age. If any alderman shall, after his election,
remove from the ward for which he is elected, his office
shall thereby be vacated.
§ 7. An election shall be held in said city on the third
Monday in April, in each and every year, to elect a mayor
and one alderman from each ward, at which election the
person receiving the highest number of votes for the respec-
tive offices, shall be declared elected.
CITIES. 641
§ 8. At the election held in April, a. d. 1867, in addi- Addition*! ai-
tion to the officers above specified, an additional alderman ei«jteT *° '^^
shall be elected in wards No. one, two and five, who shall
hold their respective offices for the term of one year. ""At
said election, the person receiving the highest number of
votes foiv alderman, in said wards, shall be declared elected
for two years, and the person receiving the next highest
number, shall be declared elected for one year. In case of
a tie vote, the same shall be decided by the mayor, by the
casting of lots, in such manner as the council may direct.
The aldermen now elected from wards No. three and four
shall hold their offices for the full term for which they were
elected.
§ 9. In case the people shall fail to elect any of the in case of Akii-
officers herein required to be elected, the (Council shall forth- "'^^*'* *^®°''
with order a new election for such office; and when any
vacancy shall occur, by the death, resignation, removal or
otherwise, of any of the officers above named, such vacancy
shall be filled by a new election, within thirty dajs after the
vacancy occurs, unless said vacancy shall occur within three
months before the regular city election, in which case the
vacancy shall be filled at the next regular city election, and
no special election shall be called. Officers elected to fill
vacancies, shall hold their offices only during the unexpired
term.
§ 10. The nnmicipal officers to be chosen at tlie annual wheu officers
election shall enter upon the duties of their respective offices upo" duUes!^"^
on the first Monday of May succeeding their election.
§ 11. The other officers of the corporation shall be as other officers,
follows, viz : City clerk, city treasurer, city attorney, city
assessor, city collector, city marshal, street commissioner,
and chief engineer of the fire department, and such
other officers as the city council may deem necessary, from
time to time, to appoint, who shall be appointed by the city
council, and shall hold their respective offices during the
pleasure of the council, and shall perform such duties and
receive such compensation as the city council may, from
time to time, by ordinance or otherwise, prescribe.
CHAPTER III.
§ 1. The city council shall, previous to any election under Notice ef eu*-
this charter, give at least ten days' notice of such election, *-••"•
by publication in a newspaper published in the city, or by
printed notices in each ward, or by both.
§ 2. The council shall have power to regulate elections, Eiections-h«w
and to appoint the judges thereof. Voting shall be by eonducted.
ballot, and the judges of election shall take the same oath,
and have the same power and authority, and be subject to
the same penalties as judges at general elections under the
Vol. 1—55
61:2 CITIES.
state laws. The ballots shall be counted in the manner
provided by general law; the returns shall be delivered, seal-
ed, to the city clerk within one day after the election, and the
coilncil shall, within three days after said election, meet
and canvass the votes and declare the result of the election.
All persons elected or appointed to office shall qualify within
twenty days thereafter, otherwise the office shall become
vacant.
Who may vote. § 3. Every person entitled to vote at the general state
election, who has been a resident in the city six months and
an actual resident of the ward in which he proposes to vote
for thirty days immediately preceding the municipal elec-
tion, and who, if required by the judge or some qualified
Voter, shall take the following oath : "I swear (or afiirm)
that I am of the age of twenty-one years, that I am a citizen
of the United States, (or was a resident of this state at the
time of the adoption of the constitution,) and have been a
resident of this state one year, and a resident of this city
six months immediately preceding this election, and am
now and have been for the last thirty days past a resident
of this ward, and have not voted at this election," shall be
a qualified voter at all municipal elections : Provided^ that
the voter shall be deemed a resident of the ward in which
he is accustomed to lodge. All persons not entitled
to vote who shall vote or ofier to vote at any election held
under this act or the ordinance of the city in pursuance
thereof, shall be punishable according to the laws of this
state.
CHAPTER IV.
POWERS AND DUTIKS OF OFFICKRS.
Powers and du- § 1, The mayor shall be the chief executive officer of
mayor. ^^ Qxij . He shall preside at the meetings of the council,
preserve order and direct the course of business before the
council, and, in case of a tie in any vote thereof, shall give the
casting vote. He shall be the head of the police and fire
departments; and all marshals or deputy marshals, police-
men and all officers of the fire department, shall be under
his command.
Acting mayor. § 2. In case the mayor is unable to perform the duties
of his office, by reason of temporary or continued absence
or sickness, the council shall appoint one of its members to
preside over their meetings, whose official designation shall
be "Acting Mayor ;" and the alderman so appointed shall
be vested with all the powers and perform all the duties of
mayor until the mayor shall assume his oftice or the
vacancy be filled by a new election.
Time of meet- « 3. The Council shall have power to determine and fix
in^ of council. , » , • ,. . . i . . , ■ i
the time of its meetings, the rules of its proceedings, punish
its members for disorderly conduct, and, with the concur-
GITIK8. <54:3
rence of two-thirds of its members elected, expel a member.
A journal of the council proceedings shall be kept, and the
yeas and nays, when demanded by any member present,
shall be entered on the journal.
§ i. The council shall judge of the qualilication and council tojudge
election of its members, and shall hear and determine all tions of^mem-
contested elections under this act, and its decision shall be ***"•
linal. A majority of the council shall constitute a quorum
to do business, but a smaller number may adjourn from
day to day and compel the attendance of absent members,
under such penalties as may be prescribed by ordinance.
§ 5. The mayor is hereby authorized to call on any and Mayor may
all male inhabitants of the city or county, oyer the age of ^"'^^"'°^ p^^"-
eighteen years, to aid in enforcing the laws of the state or
the ordinances ot the city, and, in case of riot, to call out
the militia and citizens to assist in suppressing the same,
or carrying into eflect any law or ordinance ; and any per-
son who shall not obey such call shall forfeit and pay to
said city a fine of five dollars. He shall have power, when-
ever he may deem it necessary, to require of any ot the
otficers of the city an exhibit of all their official books and
papers, and shall have power to execute all duties that may
be required of him by this act or any ordinance made in
pursuance hereof.
§ 6. The mayor shall, ex officio^ have power to adminis- Further powers
ter any oath required to be taken b;\' this act or any law of °^ '"*y°''-
the state, to take depositions, acknowledge deeds, mortga-
ges and all other instruments of writing, and certify the
same, under the seal of the city, which shall be good and
valid in law.
§ 7. All ordinances, before they take effect, shall be Ordinances-
placed in the ofiice of the clerk, and if the mayor a})prove etcT ^pp'"^"*'
thereof he shall sign the same, and such as he may not ap-
prove he shall return to the council at the next meeting
thereafter, with his objections thereto. Upon the return of
any such ordinance by the mayor, the vote by which the
same was passed shall be reconsidered, and if after such
reconsideration a majority ot all the aldermen elected shall
agree, by the ayes and nays, which shall be entered on the
journal, to pass the same, it shall go into elfect ; and if the
mayor shall neglect to approve or object for a longer period
than ten days after an ordinance shall be placed in the
clerk's office, as aforesaid, the same shall go into effect.
§ 8. The clerk shall keep the corporate seal and all the ^lerk to keep
books and papers belonging to the city. ' He shall attend ®*'*'°-
all the meetings of the council, and keep a full record
of its proceedings. Copies of all papers and ordinances
filed in his otfice, and transcripts from the journal of the
proceedings of the council, certified by him as clerk, shall be
evidence m all courts and places without further proof
thereof, and in like manner as if the originals were pro-
6-1:4: CITIES.
duced. The clerk shall draw all warrants on the treasury,
as provided by ordinance, and keep an accurate account
thereof in a book provided for that purpose. He shall keep
an accurate account of all receipts and expenditures in such
manner as the council may direct, and he shall have power
to administer any oath required to be taken by this act.
Duties of treasu- g g^ fj^j^^ treasurer shall receive all moneys belonging
to the city, and shall keep an accurate account of all receipts
and expenditures, in such manner as the council may di-
rect. All moneys shall be drawn from the city treasury in
pursuance of an order of the council, by treasury warrant,
signed by the clerk and mayor ; and such warrant shall specify
for what purpose the amount named therein is to be paid. He
shall exhibit to the council, as often as required, a full and
detailed account of all receipts and expenditures, the state
of the treasury and the state of each special fund therein ;
which account shall be filed in the office of the clerk ; and
on retiring from office the treasurer shall deposit his account
books in the office of the city clerk, where they shall be
kept as public records of the city.
Duties of mar- | 10. The marshal shall perform all such duties as may
^^^^' be provided by ordinance ; and he shall possess the same
powers and perform the same duties, within the limits of
the city, as constables in the different counties possess, and
may serve any process issuing under and by virtue of this
act or the ordinances and by-laws of said city, at any place
within the county of McLean.
City assessor— § 11. The City assessor shall perform all dutios in rela-
dutiesof. ^j^j^ ^^ ^^^ assessing of property, for the purpose of levying
taxes, imposed by the council. In the performance of his
duty, he shall have the same powers as are or may be given
by law to county or town assessors and be subject to the
same liabilities.
City collector. § 12. The city collector shall collect all taxes and assess-
ments which may be levied by the council, except special
taxes and assessments, and perform such other duties as
may be prescribed by ordinance. The council may appoint
township assessors and collectors to assess and collect for
the city.
CHAPTER V.
§ 1. The city council shall have power within the city,
by ordinance —
Tax for general I^irst. — To Icvy aiid collcct, annually, a tax, not exceed-
^""•^^ ing five mills on the dollar on tlie assessed value of all real
and personal estate and property in the city, made taxable
by the laws of this state, to defray the contingent and other
expenses of the city not herein otherwise specially provided
for, which taxes shall constitute the general fund.
CITIES. 645
Second, — To levy and collect, annually, a tax, not exceed- citytaxei.
ing two mills on the dollar, on all taxable real and personal
estate, to defray the police expenses of the city.
Third.— To levy and collect, annually, a tax, not exceed- Tax fer lighting
ing two mills on the dollar, on all taxable real and personal " ^*
estate, to defray the expenses of lighting the streets of the
city.
Fourth. — To levy and collect, annually, a tax, not exceed- Tax for clean-
ing three mills on the dollar, on all taxable real and person- »°s streets, ete,
al property, to defray the expense of cleaning and repairing
the streets and alleys in said city.
Fifth. — To levy and collect, annually, a tax, of sufficient interesttax.
amount, on all taxable real and personal estate, to pay the
interest on all debts due and owing by said city, whether
bonded or otherwise.
Sixth. — To provide, in its own manner, for the levy. General powers
assessment and collection of city taxes and assessments, and Jaxesl^e'tc." "*
to alter and change any such provisions as it may from
time to time deem proper, to prescribe the form of assess-
ment lists, and make such regulations in relation to revis-
ing, altering or adding thereto as it may deem right and
proper, and to provide that the city taxes and general and
special assessments shall, by the proper officers of the
county of McLean, be carried out on the books of the proper
township collectors whose several townships embrace the
ciiy of Bloomiiigton, to be by them collected in the same
manner and at the same time as state and county taxes, to
be paid over to such person as the council may order or
provide, and that delinquent lands or lots shall be returned
to the county treasurer or the officers designated by gene-
ral law, who shall proceed with the collection thereof in the
same manner and at the same time as he collects state and
county taxes, and shall pay the same over to such person
as the council may direct. All taxes and assessments,
general or special, levied or assessed under this act or any
ordinance in pursuance thereof, shall be a lien on all the
real estate upon which the same may be imposed, levied or
assessed for two years from and after the assessment there-
of, and on personal property from and after the delivery of
the warrant for collection.
Seventh. — To require all male inhabitants of said city, street labor t«x
over twenty-one years of age and under tifty, to labor, not
exceeding three days in each year, upon the streets and
alleys in said city, when notified to do so by the street
commissioner. Bat each person so required to labor on the
streets and alleys may, in lieu thereof, pay the sum of one
dollar per day for each day he shall be so required to labor :
Provided., he shall pay the same on or before the first day
he shall be notified to labor by the street commissioner ;
and in case any person shall refuse to labor, when notified
as aforesaid, or to pay, in commutation thereof, the amount .
646 ciTiE«.
above specified, the same may be collected of him, by suit,
in the name of the city, before any police magistrate or
justice of the peace of said city. If the tax authorized by
the. 4th division of this section shall be levied by thecouncil
then the labor authorizeii by this section shall not be re-
quired to be done during the same year.
Tax upon inau- § 2. All Corporations, companies or associations, not
niesj etcT""^^' incorporated under the laws of this state, engaged in said
city in effecting fire, marine or life insurance, shall pay to
the city treasurer the sum of two dollars upon the hundred
dollars, and at that rate upon the amount of all premiums
which, during the half year ending on every first day of
July and January, shall have been received or have been
agreed to be paid for any insurance efi'ected or agreed to be
eftected in said city, by or with such corporations, compa-
nies or associations, respectively. Every person who shall
act in said city as agent or otherwise for or on behalf of any
such corporation, company or association, shall, on or be-
fore the fifteenth day of July and January, in each year,
render to the city treasurer a full, true and just account,
verified by his oath, of all premiums which during the half
year ending on every first day of July and January prece-
ding such report, shall have been received by him or agreed,
to be paid for or in behalf of any such corporation, company
or association, and shall specify in said account the amuunts
received for tire, marine and life insurance, respectivel.y.
Said agents shall also pay over to the city treasurer, at the
time of rendering the aforesaid account, the amount of rates
for which the company or companies represented by them
are severally chargeable by virtue hereof. If such account
be not rendered on or before the day hereinbefore designa-
ted for that purpose, or if the said rates shall remain unpaid
after that day, it shall be unlawful for any corporation, com-
pany or association, so in default, to transact any business
of insurance in said city until the said requisitions shall
have been complied with ; but this provision shall not re-
lieve any company from the payment of any risk that may
be taken in violation hereof Any person or persons viola-
ting any of the provisions of this section shall be subject to
indictment, and, upon conviction thereof, in any court of
competent jurisdiction, shall be fined in any smn, not ex-
ceeding five liundred dollars. Said rates may also be re-
covered of such corporation, company or association, or its
agent, by action in the name and for the use of said city, as
for money had and received, for its use. The amounts so
received, from said insurance companies or their agents
shall constitute a fund which shall be used for the purpose
of promoting the etficiency of and making inipruvcments in
the fire department of said city, and for carrying out such
sanitary measures as may be deemed necessary for the
CITIES. 647
promotion of the public health, and for no other purpose
whatever.
& 3. The inhabitants of the city of Bloomington shall be inhabitantB of
•s ^ ,., i*^i-i ,",1 T City exempt
exempt from any highway, road or bridge tax, to be used from road lar
beyond the limits of said city, and from paying the tax in ^°l^ c-ty.' °"*"
lieu thereof without said limits. All property subject to
city taxes, whether real or personal, shall be exempt from
general or special road, highway or bridge tax for tlie con-
struction or repairing of roads or bridges outside of the city
limits of the city of Bloomington.
CHAPTER VI.
CITT COUNCIL — GENERAt POWERS.
§ 1. The city council shall have power, by ordinance— ^^""^'^^ p°^^"
/"irdt. — To require all officers appointed in pursuance of Office bonds,
this charter to give bonds, with penalty and security, and
take an oath for the faithful performance of the duties of
their respective offices upon entering upon the discharge of
the same.
Second. — To appropriate and provide for the payment of city debts,
the debts and expenses of the city.
Third. — To make any and all regulations necessary to sanitary reguia-
secure, protect, preserve and restore the general health and ^^°^^'
to prevent the introduction of contagious diseases into the
city, to make quarantine laws for that purpose, and to en-
force the same.
J^ourth. — To declare what shall be deemed nuisances, Nuisances,
and to provide for the prevention, abatement and removal
of the same, and to punish the authors thereof by penalties,
iine and imprisonment: Provided, parties aggrieved by
the provisions of this section may litigate the same in the
circuit and supreme courts of this state.
Fijth. — To provide the city with water for the extinguish- Proyidethe city
ment of lire and the conveniences of the inhabitants, in ^"^ '^*''®'"
such manner as it may deem best.
ISixth. — To change the boundaries of any ward and to wards,
establish new wards and provide for the election of alder-
men.
Seventh. — To provide for lighting the streets, keeping the Lighting of the
same in repair, and to prohibit obstructions and nuisances in ^'^''®®'^-
any street or alley.
Eighth. — To erect market houses, establish markets and Market houses,
market places, and provide for the government and regu-
lation thereof.
Ninth. — To provide for erecting all needful buildings for License,
the use of the city ; to license, tax and regulate auctions, mer-
chants, retailers, grocers, sample sellers, taverns, hawkers,
peddler8,brokers, pawnbrokers and money changers, hackney
carriages, wagons, carts, omnibuses and drays, and to fix the
rates to be charged for the carriage of persons, and for the
wagonage, cartage and drayage of property.
648 CITIES.
Porter*. Tenth. — To license and regulate porters, and fix the rate
of porterage.
Licenss shows. Eleventh. — To license, tax and regnlate theatrical and other
exhibitions, shows and amusements.
Disorderly Twelfth. — To tax, restrain, prohibit and suppress tippling
houses. houses and dram shops ; to prohibit and suppress gaming
and gambling, gaming houses, bawdy houses, and all disor-
derly houses.
License groce- Thirteenth. — To license or entirely prohibit the sale of spi-
nes, etc. rituous, vinous, mixed, malt or fermented liquors, within
the limits of the city, by any person or persons.
Fires. Fourteenth. — To provide tor the prevention and extin-
guishment of tires, and to organize, establish and support
fire companies.
Firereauia- Fifteenth. — To rcgulatc the conduct of persons present at
tions. any tire in said city, and to provide for punishing any person
disobeying such regulations.
Disturbances. Sixteenth. — To provide for the prevention and suppres-
sion of riots, routs and unlawful assemblages and any dis-
turbance of the public peace, and punish by fine all persons
guilty thereof
Gunpowder, etc Seventeenth. — To regulate the storage of gunpowder, tar,
pitch, rosin and other combustible materials ; to compel the
owner or occupant of any grocery, cellar, soap or tallow-
chandlery, blacksmith, tannery, stable, slaughter house,
distillery, brewery, sewer or privy; to cleanse, reinove or
abate the same, as may be necessary for the health, comfort
and convenience of the inhabitants affected thereby.
Slaughter Eigkte67ith. — To direct the lucatioii and management and
houses, etc. coustfuction of, and restrain, abate and prohibit within the
city and to the distance of o.ie mile from the limits thereof,
slaughtering establishments, establishments for steaming or
rendering lard, tallow, offal, and such other substances as
may be rendered.
Railroad tracks. Nineteenth. — To direct what streets and alleys in said city
may be taken for laying and using for railroad track or
tracks ; to require railroad companies to keep in repair and
to light the streets and alleys through which their tracks
may run (this provision does not apply to horse railways),
and construct and keep in repair and unobstructed suitable
crossings at the intersection of their roads with the streets,
alleys, ditches, sewers and culverts ; to direct the use and
regulate the speed of locomotive engines within the inhab-
ited portions of the city; to prohibit and restrain railroad
companies from doing storage or warehouse business or
collecting pay for storage.
Saieofintoxicar Tioentieth. — The city council shall forever prohibit, by
to"wn 'LT' Nor- Ordinance, the sale of intoxicating liquors within that part
mai. of the city lying and being in the town of Normal, and
designated in chapter 1, section 2, of this bill, as the south-
east quarter of section thirty-two (32), the south half of
diTtfis. 646
section thirty-three (33), and the southwest quarter of sec-
tion thirty-four (34), all in township twenty-four (24), north
of range two (2) east of the third principal meridian, and
such other portions of said township of Normal as may
hereafter be laid out into lots and be attac^hed to said city of
Bloomington.
Ttoenty-first. — To establish and regulate standard weights weights and
and measures in all cases not otherwise provided by law. measure?.
Twenty -second. — To provide for the inspection and mea- inspection oc
surement of lumber and other building materials, and for tpnr»is'
the measurement of all kinds of mechanical work ; and to
provide for the inspection and weighing of hay, stone coal,
charcoal, firewood and other fuel to be sold or used within
the city ; and to provide for and regulate the inspection of
tobacco, beef, pork, flour, meal and spirituous liquors of all
kinds brought to the city for sale ; and to regulate the
weights and quality of bread to be sold and used in the city.
Twenty-third— £o provide for taking enumerations of the census, eto.
inhabitants of the city, and to provide for numbering the
houses in said city, and to compel the owner or occupant of
such houses to have the number thereof placed thereon in
some conspicuous place.
TtDenty-fourtli. — To regulate the fees of jurors, witnesses Fees of jurors.
and others, for services rendered under this act or any or-
dinance.
Tiventy-fifth. — To prohibit horse racing and immoderate Horse racin?,
riding or driving in the streets; to prohibit and punish the ![';n°^ ''"'' ''""
abuse of animals, and to compel persons to fasten securely
their horses, oxen or other animals attached to vehicles or
otherwise, while standing or remaining in the street.
Twenty-sixih. — To authorize the arrest, tine and impri- vagrants, etc.
sonment in the city or county jail, as vagrants, of all per-
sons who, not having visible means to maintain themselves,
are without employment, idl}'- loitering or rambling about
or staying in groceries, drinking saloons, houses of ill fame
or houses of bad repute, gambhng houses, railroad depots
or fire-engine houses, or who shall be found trespassing in
the night time upon the premises of others, or begging, or
placing themselves in the streets or other thoroughfares or
public places, to beg or receive alms ; also, keepers, exhibi-
tors or visitors at any gaming table, gambling house, house
for fortune telling, places for cock fighting or other places
of' device; and all persons who go about for the purpose of
gaming or watch stuffing, or who shall have in their pos-
session any article or thing used for obtaining money under
false pretenses or who shall disturb any place where public
or private schools are held, either on week day or Sabbath,
or places where religious worship is held.
Tioenty-seventh. — To establish and regulate public pounds, P"'''''' po"»J»-
and to restrain and regulate or prohibit the running at
large of cattle, horses, mules, s\\dne, sheep, goats and geese,
Vol. 1—56
()50 CITIES.
and to authorize the distraiuing, impounding and sale of the
same for the penalty incurred and the costs of the proceed-
ings ; and also to impose penalties on the owners of any such
animals for a violation of any ordinance in relation thereto. •
Restrain do.ag. Tioefity- eighth. — To tax, regulate, restrain and prohibit
the running at large of dogs and to authorize their destruc-
tion, when at large contrary to ordinance.
Safely of oUi- Twenty-ninth. — To provide for the safety and convenience
''^"^- of the inhabitants and other persons in the city, by pro-
hibiting all acts, sports or amusements in the streets or
public places of the city of a dangerous character.
Biiiiavci tables. Thirtieth. — To license, regulate, restrain and suppress
billiard tables and from one to twenty pin-alleys.
Pumps and Thirty-jiTst. — To regulate public pumps, wells and cis-
weiis.etp. terns, hydrants and reservoirs, and to prevent the unneces-
sary waste of water.
stallions nnd ThiHy-second. — To regulate and prohibit the exhibition
■'^^ ^' in the streets of said city of stallions and Jacks.
Sidewalks to be Thirty third. — To compel all persons to keep the snow,
kept clean. ice and dirt from the sidewalks in front of the premises
owned or occupied by them.
Pest houses. TMrty-fourth. — To establish and erect one or more pest
houses, hospitals or dispensaries, and control and regulate
the same.
Vagrants. Thirty-fifth. — To restrain and punish vagrants, mendi-
cants, street beggars and prostitutes.
City police. Thirty-sixth. — To provide for day and night police in said
city, and to regulate and control said police,
earning iionses, Thirty seventh. — To suppress all gaming houses and houses
of prostitution, and to provide for the entry of the same by
the city marshal, by force or otherwise, and the arrest of all
persons found therein, and the destruction of all implements
of gaming found therein, and for the punishment of all per-
sons so arrested, by line or imprisonment or otherwise.
Concealed Thirty-eighth. — To regulate or proliibit the carrying or
wearing by any person, under his clothes or concealed about
his person, any pistol, or colt, or slung-shot, or cross
knuckles, or knuckles of brass, lead or other metal, or boMne-
knife, dirk-knife, dirk or dagger or any other dangerous
or deadly weapon, and to provide for the conliscation or
sale of such weapons.
Unsafe struct- Thirty-niiith. — To prevent and prohibit the erection or
erected. ° ^ maintenance of any insecure or unsafe building, stack, wall
or chimney, in said city, and to declare them to be nuisances,
and to provide for their summary abatement.
Unwholesome Fortieth, — To cause the seizure and destruction or other
disposition of tainted or unwholesome meat, butter, vegeta-
bles, fruit or provisions.
Forty-first. — To im])08e hues, forfeitures and penalties for
the breach of any ordinance, and provide for the recovery
and appropriation of such tines and forfeitures, and the en-
etc.
weapons.
provisions.
Fines and for-
feitures.
Publish ordi-
nances, etc.
CITIES. 651
Ibrcement of such jjenalties ; to provide for the punishment
of offenders by imprisonment in the county or city jail,
and in all cases whei-e such offenders fail or refuse to pay
any fine or forfeiture recovered against them, to require
them to labor on the streets of said city at one dollar per
day until the whole fine and costs shall be paid.
Forty -second.— ^0 make, publish, ordain, amend and repeal
all such ordinances, by-laws and police regulations, not con-
trary to the constitution of this state, for the good govern-
ment and order of the city and the trade and commerce of
the city, as may be necessary to carry into effect the powers
vested in the city council or any ofiicer of said city by this
act, and enforce the observance of all rules, ordinances,
by-laws and police and other regulations made in pursuance
of this act, by penalties not exceeding one hundred dollars
for any offence against the same.
§ 2." The city council may, by ordinance, provide that in Process.
alUuits brought for the violation of any ordinance or the re-
covery of any fine under this act, before the police magistrate
or other ofiicer, the first process shall be a warrant for the
immediate apprehension of the offender, and may further
provide that no change of venue shall be taken from such
police magistrate or justice of the peace selected by the city,
as hereinafter provided, and that no appeal shall be taken
from any judgment of any such justice of the peace or
police magistrate, except upon bond given and the proceed-
ings and testimony reduced to writing as a bill of excep-
tions, signed by said magistrate or other ofiicer, and the
appellate court shall try said appeal on the proceedings and
evidence embodied in said bill of exceptions and none other.
§ 3. The city council shall have power to open, alter, open streets,
aboHsh, widen, "extend, establish, grade, pave, plank ur
macadamize, or otherwise improve and keep in repair the
streets, avenues and lanes and alleys ; to make, establish,
build and construct sewers, and to carry out a system
of sewerage ; to erect lamp posts and to build public cis-
terns ; to drain the city and to take private property for
any of said purposes, first making provision for ascer-
taining and payment of adequate and just compensation
for all' damages to the owners of such property in such
manner as the council, by ordinance, may provide, and to
require the owners of any lot or piece of ground to lay a
good and substantial sidewalk along any street or alley
passing such lot or ground, in such manner as the conn- ^^ ^ ^^^
cil may ]jrovide. The expenses of any improvement men- to'beT^d. ^''^
tioned in this section, or any portion thereof (except side-
walks), may be levied and assessed upon the real estate
adjoining or benefited thereby, with the costs of proceed-
ings therein, in proportion, as nearly as may be, to the ben-
efits resulting thereto, and may be collected as in other
cases. The above assessments may be made either by a
inrv or bv commissioners appointed by the city council, as
652 CITIES.
council shall, by ordinance, provide ; and such assessments
noay be levied and collected before such improvement shall
be made, according to the estimated cost of the same, as
estimated by the council, and if such estimate shall be,
when collected, insufficient to make such improvements,
then the council may make a second assessment, or may
pay the deficiency out of the general fund of the city, as
they may deem best. All owners or occupants in front of
or upon whose premises the council shall order and direct
sidewalks or private drains, communicating with any main
drain, to be constructed, repaired, re-laid or cleansed, shall
make, repair, re-lay or cleanse such sidewalk or private
drain at their own cost and charge, in the manner and within
the time prescribed by ordinance or otherwise, and if not
done in the manner and within the time prescribed, the city
council may cause the same to be constructed, repaired, re-
laid or cleansed, and assess the expense thereof by an order
to be entered in their proceedings upon such lots, respect-
ively, and collect the same as in other cases. The council
may provide, by ordinance, that suits may be instituted in
any court having jurisdiction, against the respective owners
of any real estate for the recovery of the amount of the ex-
penses and costs of any special tax or assessment author-
ized by this section, and it may be optional with the council
which remedy shall be ])ursued.
Horse railways. § 4. The city couucil shall havc power, by ordinance, to
contract with horse railway companies as to the manner of
laying down of tracks for horse railways, and the location
of switches, turn-outs and depots, and to require the com-
panies constructing said railways to plank or otherwise
keep the same in repair between the rails, in such manner
as the city council may direct. To designate the grade
upon which said railways shall be laid, and the porti'on of
the street upon which the same shall be laid, and to require
said companies to keep in repair and unobstructed suitable
crossings wherever said railways shall cross the streets,
alleys, sidewalks and crosswalks of said city; and to require
said companies to lay their tracks and run their cars in such
a manner as shall not olistruct or hinder the ordinary travel
upon the streets or avenues where their tracks are laid.
City council § 5. Tlic city council shall have power to issue bonds
bonds'.**"^ of said city to an amount not exceeding ten thousand dol-
lars, which bonds shall be made payable in not more than
twenty years, and shall bear a rate of interest not exceed-
ing ten per cent, per annum, for the purpose of purchasing
and equipping one or more tire engines, and for purchasing
or building such buildings as may be necessaiy for properly
keeping the same. Sucli bonds shall be executed and issued
in such manner as the council may provide, the interest
to be paid annually or semi annually, at the option of the
council.
653
CHAPTER VII.
MISCELLANEOUS PROVISIONS.
§ 1. The style of the ordinances of the city shall be, style of oidi-
"JBe it ordained by the city council of the city of Bloom- "•'*"'=^'-
ington ;" and all ordinances passed by the council shall,
within one month after they shall have been passed, be pub-
lished in some newspaper published in the city, and shall .
not be in force until they shall have been published as
aforesaid ; and proof of said publication, by the affidavit of
the printer or publisher of said newspaper, taken before
any officer authorized to administer oaths, and iiled with the
city clerk, or any other competent proof of such publica-
tion, shall be conclusive evidence of the legal publication
and promulgation of such ordinances in all courts or places.
§ 2. All ordinances of the city may be proven by a oidmances-
copy thereof, certilied by the clerk, under his hand and the o^'P'o^^^-
corporate seal of the city, if there be one ; and, when
printed and published in book or pamphlet form, by au-
thority of the corporation, the same shall be received in
evidence in all courts and places without further proof; and
the council shall cause all ordinances of the city, then in
force, to be revised and published in book or pamphlet form
within twelve months after the passage of this act.
§ 3. All ordinances, regulations and resolutions now in oid ordinances
force in the city ot Bloomington, and not inconsistent with fo^ce.""^*^ '"
this act, shall remain in force under this act until altered,
modified or repealed by the council after this act shall take
effect.
§ 4. All actions, rights, fines, penalties and forfeitures, Former suits,
in suit or otherwise, which have accrued under the several prosecuted un^
acts consolidated herein, shall be vested in and prosecuted '^er this act.
by the corporation hereby created.
§ 5. All property, real, personal or mixed, belonging to Property vested
the city of Bloomington, is hereby vested in the corporation ration. •°'''°'
created by this act ; and the officers of said corporation,
now in office, shall respectively continue in the same until
superseded in conformity to the provisions hereof, but shall
be governed by this act.
§ 6. This act shall not invalidate any legal act done by ^'rior acts not
the council of the city of Bloomington, or by its officers, Ife^ ehar^ter. ^
nor divest their successors under this act of any rights of
property, or otherwise, or liability, which may have accrued
to or been created by said corporation prior to the passage
of this act.
§ 7. In all prosecutions or suits brought by the city of ^jf^^^'^g'^P^
Bloomington for the violations of any ordinances, by- laws or certain cases.
police regulations, the said city shall be exempt from all
court fees, to the same extent as the state, by the laws
thereof, is in criminal prosecutions.
654 CITIES.
City not requi-
red to file ap-
§ 8. When, in tyij suit, the city of Blooniington shall
p'eai'bond. ''^" pi'aj an appeal from the judgment of any court of this state
to a higher court, said city shall not be required to file an
appeal bond, but such appeal shall be granted without bond,
''^broughrb'efore ^ ^- ^^\ ^"l^^ ^^' <^ctions for the recovery of any fine,
police maptis- penalty or forfeiture arising under this act or the ordinances
tafn^case". "^^''of the cit}^, when the amount sued for or in controversy
does not exceed one hundred dollars, may be brought be-
fore any police magistrate of the city or before any justice
of the peace in the city designated by the council : Pro-
vided, that police magistrates and police constables, when
elected under any law of this state, and all justices of the
peace designated by the council and called upon to act un-
der any ordinance, shall, in addition to the bond now re-
quired by the laws of this state, enter into bond to the city
of Bloomington, in such sum as the council may direct,
binding them to make their report, and pay over to the
treasurer all moneys which may come into their hands be-
longing to the city, and to obey and conform to such police
regulations as may be estabhshed by the council.
Compensation § 10. The mayor and aldermen of said city shall each
akieTmo°n. '"''^ rGccive, in full compensation for their official services, the
sum of one dollar per year, and no more; and neither the
mayor or any alderman shall, during his term of office, be a]j-
pointed to or competent to hold any office of which the
enioluments are paid from the city treasury, or paid by fees,
directed to be paid by any act or ordinance of the city
council, or be directly or indirectly interested in any con-
tract, the expenses or consideration of which are to be paid
under any ordinance of the city council.
Sub-divisions § 11. In all cases when lands in or adjoining said city
by couScii?''^'* are hereafter subdivided and laid out in blocks, lets, sub-
lots, streets and alleys, or when new streets or public
grounds are donated or granted to the public by any per-
son, the map or plat thereof shall be submitted to the city
council for approval. If they approve the same a certifi-
cate of such approval shall be indorsed upt)n said map or
plat, signed by the mayor and certified under the seal ot
said city; and no such map or plat shall be entitled to ix-
cord or have any validity until so approved bv said couii-'! :
and such map or plat, when so approved by the city council,
shall be deemed legal and valid, without theujiproval of thu
board of supen-isors cf McLean county, or any other county
authorities. '' ....
^th°e'^cafc°'' °^ ^ ■^^' ^^^^ officers of the city, aldermen included, are
e peace. hereby created conservators of the peace by this act, and
shall have power to arrest or cause to be arrested, with or
without i)rocess, all j^ersons who shall break or threaten to
break the peace, and, if necessary, detain such persons in
custody over night, in the city ja"il or other safe place, and
oiTiEs. 665
shall have and exercise such other powers, as 'conservators
of the peace, as the council may prescribe.
§ 13. Nothins: in this act contained shall be construed so council to re-
^ , . , ° Ml- • T 'J X- tain powers
as to deprive the council ot said city oi any power or au- conferred by
thority conferred upon the same by the act under which said ''°^''"^'' ^'^''■
city was incorporated and the various acts amendatory
thereto, but the council shall possess and enjoy all the pow-
ers and authority heretofore conferred upon the same, ex- '
cept so far as such power and authority have been expressly
modified or repealed by this act or the acts heretofore men-
tioned.
§ 14:. This act shall be deemed a public act, and may be This act to be
read in evidence without proof, and judicial notice shall be
taken thereof in all courts and places.
§ 15. This act shall take effect and be in force from and
after its passasce. '
Approved March 7, 1867.
AN ACT to establish and incorporate the city of Watseka, the county seat In force Feb.l9,
of Iroquois county. '^^^''•
ARTICLE I.
BOUXDARIES, GKXERAL POWERS AND FORMATION OF WARDS.
Section 1. Be it enacted hy the Feo2)le of the State of
Illinois, Tej>resented in the General Assembly, That the in-
habitants of all that district of country in the county of
Iroquois and state of Illinois, contained within the limits
and boundaries hereinafter prescribed, shall be a body cor-
porate and politic under the name and style of "The City of ^'^Jfo^' '^°*''^°"
Watseka;" and by that name sue and Idc sued, complain
and defend in any court, and take and hold, purchase, lease Powers.
and convey such real, personal or mixed estate as the pur-
poses of the corporation may require, within and without
the limits hereinafter described ; and may make and use a seai.
common seal, and alter the same at pleasure.
§ 2. Said city shall embrace within its limits the terri- Boundaries,
tory following : The north west quarter of section four (4)
and the north half of section five (5), both tracts situated in
township twenty-six (26) north, range twelve (12) west; also,
the south east quarter of the north west quarter of section
thirty-two (32), and the south M^est quarter of section thirty-
two (32), and the east half of section thirty-two (32), and
the west half of section thirty-three (33), all of said tracts
in section thirty-two (32) and thirty-three (33), situated in
township twenty-seven (27) north, range twelve (12) west,
in Iroquois county.
656
Additions
oity.
Annexation
Middleporl.
Division
wards.
Second vvar<l.
§ 3. Whenever any tract of land adjoining the city of
Watseka shall be laid off and platted into lots, and recorded
according to law, the same shall be annexed to and form a
part of the corporation of said city,
r § 4. Whenever a majority of the adult actual residents
of the town of Middleport (which town is situated in the
vicinity of the city of Watseka,) shall petition the council
of the city of Watseka to be received into and made a part
of said city, said town, including the entire town plat of
said town, may be received into and made a part of said
corporation by the council of said city, and thereafter the
name and separate existence of said "town of Jdiddleport
shall be merged in that of Watseka ; and such action on
the part of said town of Middleport and said city of Wat-
seka, shall be deemed and taken as conclusive in all ques-
tions, litigations or proceedings that may thereafter grow or
arise out of any ordinance or other proceeding of tlie city
of Watseka. ' ^
§ 5. The city of Watseka shall be divided into four
wards in the following manner, that is to say : A line now
partially represented by the center of Fourth (4:th) street, run-
ning through said city from the extreme northern limit to the
extreme southern limit of said city shall constitute one line of
the division into wards, and a line now represented by the
Toledo, Peoria and Warsaw Eailway, shall constitute the
other. That ward bounded on the west bv the line running
along Fourth (4th) street, and on the north by said railway,
shall be known as the first ward. That ward bounded on
the east by the line running along Fourth (4th) street, and on
the west by said railway, shall be known as the second
ward. That ward bounded on the west by the line running
along Fourth (4th) street, and on the south by said railway,
shall be known as the third ward. And that ward bounded
on the east by the line running along Fourth (4tli) street, and
on the south by said railway, shall" be known as thefb'urtli
ward. The city council may create additional wards or
change the limits and boundaries of the wards herein de-
fined, whenever they shall deem such action necessary to
the interests of said city.
ARTICLE II.
cityoounrii. § 1. The municipal government of the city shall con-
sist of a council, to be composed of a mayor and one coun-
cilman from each ward.
offire of mayor. § 2. The mayor shall hold his office for one year and
until his successor is elected and qualified. No person'shall
be elected mayor until ho shall have resided in said city at
least one year next preceding his election, nor if under
twenty-one years of age, nor if he has been a defaulter in
any office of said city, the term defaulter meaning one who
oiiiES. 657
has refused to pay over any of the moneys of said city
within thirty days after being demanded ; nor shall he be
mayor if not a citizen and voter under the laws of this state.
If the mayor shall move out of said city, his office shall be
considered vacant.
§ 3. He shall be the presiding officer of the council, and Mayor to pre-
, •'i, , . ' 1 " 1 1 • L' ^ • Side, and have
snail nave a casting vote, and no other ; and m case oi liis casting vote.
non-attendance, the councilmen may appoint one of their
number to be the presiding officer, pro tern.
§ 4. The mayor shall at all times be active and vigi- Duties of mayor
lant in enforcing the laws and ordinances of the city, and
shall give the council, at any meeting, information of the
official misconduct of any subordinate officer, that may
come to his knowledge. He shall from time to time give
the council such advice, in writing, concerning the affairs
of said city, as he may deem prudent and wise.
S 5. The mayor of said city shall be a conservator of Powers of the
^, '^ . .-,•'. 1 1 1 "'n 1 i_ mayor.
the peace m said city, and he shall have summary power to
suppress all riots and breaches of the peace, and to appre-
hend all persons who may be engaged in his presence in the
commission of such offence or any indictable offence, and
take them before the proper tribunal for trial or examina-
tion ; and he may apprehend or restrain, for a reasonable
time, any person who shall be found drunk, or who shall
threaten to break the peace, and may hold them in the
county jail, if necessary, for such time.
§ 6. In case of willful or wanton neo-lect or omission Removal from
L- 1 i 1 •! 1 11 I 1 oflSee of mayor
01 duty by the mayor, the councilmen shall have the power
to remove him at any regular or special meeting, appointing
one of their number chairman ; first having notified said
mayor, in writing, by the city clerk, of the time, place, and
nature of the charges against him. In all cases, it shall re-
quire a unanimous vote to remove the mayor for the causes
aforesaid.
§ 7. No person shall be a councilman, unless at the "-f^^JIf^ifJ^p"' "*'
time of his election he shall have resided six months within
the city and shall have resided sixty days within the ward
for which he shall be elected. If he shall remove from his
ward, during the term for which he was elected, his office
shall be vacant. In other respects, councilmen must pos-
sess the same qualifications as the mayor.
§ 8. The councilmen shall hold their office for the Tenure of offioe
period of one year, and until their successors are elected
and qualified : Pi^ovided, that neither the mayor nor coun-
cilmen, when elected to fill a vacancy, shall hold his said office
longer than the next succeeding annual election, and until
his successor shall be qualified.
§ 9. The mayor and councilmen shall receive no other ^^fyy^J^jj''^ '''*>'
pay or salary for the performance of their duties than may
have been fixed and defined by the city council of the pre-
ceding year: Provided., that the city council first elected
Yol. 1—57
658 CITIES.
under this charter may, by ordinance, provide tor their own
pay and salary, not exceeding two dollars for each and
every day they may each, respectively, necessarily be en-
gaged in the business of said city.
*^olmcn mft'^'to ^ ^^' -^^ither the mayor nor any councilman shall hold
be interested any Other city office, of honor or profit, during the term of
traetp'.^"^ ^°"" his office ; nor shall either of them be directly or indirectly
engaged in any contract, in a private capacity, with said
city during the term of their office.
Oath of office. | 11. The mayor and councilmen shall each, respect-
ively, take and subscribe an oath, in writing, such as is
required by the constitution of the state, and that they will
support the constitution of the United States, and the con-
stitution and laws of the state of Illinois, and that they will
honestly and diligently perform the duties of their said
office ; and said oath shall be filed in the office of the city
clerk.
§ 12. The city council shall judge of the election, quali-
fications and returns, of their members.
Quorum. § 13. A majority of the city council shall be necessary
to transact business, but a less number may adjourn from
day to day and compel the attendance of absent members.
Powers of city g 14. The counci] shall have power to establish rules for
its government and proceedings, and shall have power to
punish members for disorderly conduct, and, for cause, an
alderman may be expelled by a two-thirds vote.
shaii^^keep ^a g 15. The couucil shall keep a full journal of their pro-
c^el'ciings. ^^°' ceedings in a book or books for that purpose, which shall be
open to public inspection.
^jngmeetin°'^~ ^ ^^- "^^^ regular meetings of the council shall be the
first Monday in each month, and they may have special
meetings upon the call of the mayor or any two council-
men.
Councilmen to § 17. The members of the council shall be exempt
frtm street"*' fVom Street labor or jury service, during their tei-m of
^°^ office.
ARTICLE III.
First charior g 1. Tho fii'st clcction uudcr and in pursuance of this
charter, for mayor and councilmen, shall be held on the
i^uture eie<'- jirgt Mouday of March, a. d. 1867, and ever thereafter the
election for said offices shall be held, annually, on the first
Monday in March.
Places of voting g 2. The city couucil shall designate some central and
convenient place for liolding the elections in said city,
changing the same, when necessary. They shall provide
a suitable ballot box, with four distinct apartments, or as
many apartments as there are wards, each of which shall be
conspicuously marked or numbered, " 1st Ward," " 2d
CITIES. 659
Ward," and so on, as the case may be ; and each person Manner gf vo-
oflerino; to vote shall distinctly announce his name and the ""^*
number of the ward in which he resides, and if a legal voter,
as hereinafter provided, his ballot shall be deposited in that
apartment of the box numbered for the ward in which such
voter resides. The mayor shall be elected at the annual
election each year, the voters designating the person of
their choice for mayor upon the same ballot with council-
men.
§ 3. Previous to any annual election the council shall -ludges of •lec-
appoint two judges of elections, who shall hold their office ''°"'
for one year, and until others shall be appointed in their
places, respectively.
§ 4. The judges of elections shall hold the elections in Elections.-
said cit}^ as the council shall, by resolution or order, ap-
point. Twenty days' notice of the annual elections, and
ten days' notice of all special elections, shall be given by .Notice of eiec-
the mayor, which shall be given by a written or jDrinted ''°""
notice being posted up in a public [place] in each ward, or by
being printed in some newspaper in said city.
§ 5. In case only one of said judges shall be present at Absence of the
the opening of any election, he shall appoint another person, {fon.^^ °^ *'®^'
who is a legal voter of the city, to be judge thereof with
him.
§ 6. In case no judge shall be present at the time of
opening any election, the legal voters present shall choose
two legal voters of the city to serve as judges.
§ 7. The judges of elections shall appoint a clerk for c;ieiks of eiec-
■ each ward, who shall be a resident and voter of such ward ; "°""
and such clerk shall keep a poll list of the election for the
ward for which he is clerk, and shall enter therein the name
of every person of his particnlar Avard, voting at said elec-
tion.
§ 8. Before any vote shall be taken, the judges shall path of election
severally take the following oath or affirmation : "I, A. B., ■*" ^^^'
do solemnly swear (or affirm) that I will perform the duties
of this election according to law and the best of my ability,
and that I will studiously endeaA'or to prevent deceit and
abuse in conducting the same."
§ 9. The clerks shall take a like oath or affirmation. ^-'^^'^ of decks-
^ 10. Such oaths may be taken before any officer author- Administering
ized to administer oaths, and in case no officer be present t'leoath.
the judges may administer the oath or affirmation to one
another; and one of the judges may administer it to the
clerks ; and the person administering the oaths shall cause
an entry thereof, with his attestation, to be made and sub-
scribed and prefixed to the poll books.
§ 11. All votes shall be by ballot, containing the name votes shaii be
of the person or persons voted for and the designation of ^^ ''*"'"•
the office for which he is voted.
660
CITIES.
Manner of
voting.
Challenge ol'
vote.
Oath of dial-
lenged v«ter.
Rejection of
vote.
judges and
"clerks of elec-
Opening and
closing of pollf
Preservation of
order.
Riotous con-
duct at elec-
tions.
§ 12. The ballot shall be folded by the voter and shall
be received by the judges and deposited in a box to be pro-
vided by the city, as hereinbefore designated, without being-
opened ; and no ballot shall be received unless written or
printed on white paper without marks or ligures except as
required by law.
§ 13. If any person shall offer to vote, and shall be
challenged by a legal voter of the ward in which he shall
reside or shall be suspected by the judges not to be a legal
voter he shall be required to take the following oath or
affirmation : " You do solemnly swear (or affirm) tiiat you
are a legal voter according to the constitution and laws of
Illinois ; that you have resided in said ward for thirty days
last past and that you have not voted at this election ;" and
in addition, the judges may interrogate such person npon
his oath, particularly as to whether his residence has been
permanent and in good faith, specifying the house in which
he resides, his business or employment, and in addition may
be required to support his statements by two witnesses
known by the judges to be legal voters in said ward. If
any person offering to vote, as aforesaid, shall refuse to be
examined as aforesaid or when required thereto, can not be
supported, as aforesaid, his vote shall be rejected.
§ 14. Judges and clerks of election shall bo subject to
like penalties for non-peribrmance of or willful or corrupt
disregard of their oaths or duties as are provided by the
laws of the state for judges and clerks of general elections,
and persons illegally voting or offering to vote or falsely
swearing, shall be subject to the same penalties provided by
the laws of the state nnder like circumstances.
§ 15. The polls at every election shall be opened at least
as soon as ten o'clock a. m.. and shall not be closed before
six o'clock p. M,
§ 16. To preserve order and protect the judges and
clerks from insult and abuse, any constable or the city mar-
shal in said city who may be designated by the judges, shall
attend at every election; and if the city marshal or any
constable be not present, the judges may, in writing, ap-
point one or more sj)ecial constables for the same purpose.
§ 17. The judges may impose a fine of not more than
five dollars upon any person who shall conduct in a disor-
derly or riotous manner at any such election, and shall per-
sist in such conduct after being warned that such fine will
be imposed.
§ 18. Upon such person refusing to pay said fine, the
judges shall issue a warrant, nnder their hands and seals,
directed to the sheritt' or any constable of the count}' or
marshal of the city, and the jailor of the county of Iroquois
commanding them or either of them to commit said person
to the jail of said county for the period of five days, unless
said fine shall in the meantime be paid, and requiring said
CITIES 661
jailor to secure and keep such person in prison accordingly
and such warrant shall be executed. The formal part of
said warrant shall be as follows :
State of Illinois, ) Form of war-
Iroquois county, \ ss. ranu
City of Watseka. )
The People of the state of Illinois : To the sheriff or any
constable of said county, or the marshal of said city and tlie
keeper of the common jail of said county, greeting : You,
or either of you are hereby commanded to take the body of
and commit him to the common jail of said county for
the period of five days, unless, in the meantime, he pay the
sum of dollars, which we have this day as judges of
the election held in said city, assessed against him for dis-
orderly and riotous conduct ; and you, the said keeper of
the common jail, are required to receive and safely keep the
said for the said period of five days, unless sooner dis-
charged upon payment of the fine as aforesaid, or unless
otherwise sooner lawfully discharged, and this shall be your
sufficient warrant.
Given under our hands and seals this — day of — , a. d.
18—.
, [l. s.] .
, [l. 8.]
Judges of election in the city of Watseka.
§ 19. At all elections," general or special, if the judges Elections,
of election are satisfied, under the provisions of this act
and the other laws of this state relating to elections, that
the person offering the vote is a legal voter, they shall
indorse on the ticket offered the number corresponding with
the number of the vote on the poll book of the proper ward,
and put said ticket immediately in the ballot box, and the
clerk of the election for the particular ward shall enter the
name of the voter and his number in the poll book of the
proper ward.
§ 20. AVhere the polls of any election shall be finally canvassing the
closed the judges and clerk of the proper ward shall pro- ^'°**'
ceed to canvass the votes taken for each ward separately
and respectively ; the judges and the clerk for the proper
ward shall first compare and correct the poll list of said ward, Manner of can-
and shall then count the ballots in the proper apartment of "^**'*'°°'
the ballot box, and if they shall exceed the number of votes
entered in the poll list said ballots shall be returned to the
proper apartment of the box, and one of the judges shall
publicly draw out therefrom and destroy so many ballots
unopened as shall be ecpial to such excess; the poll books
shall then be signed by the judges and attested by the
clerk for the proper ward ; the names therein contained shall
then be counted and the number set down at the foot of
the proper poll book.
662 CITIES.
Manner of can- § 21. One of the judges sliall then open and read the
vassing Tote. |3g^uQ^g ^^(j ^\^q clcrk of the pi'oper ward shall have a tally-
paper in which he shall enter the name of each candi-
date for mayor and conncilmen of his ward and the office
for which he received votes, and shall mark down the
number of votes each candidate shall receive for each
office.
Illegal ballots. g 22. If two ballots shall be deceitfully folded together
upon such canvassing they shall both be destroyed.
P^es^rvat'on of g 23. All the ballots counted by the judges of electicm
shall, after being read, be strung upon a strong thread or
twine, the ballots of each ward separately in the order in
which they have been read and shall then be carefully en-
veloped separately for each ward and sealed up by the
judges who shall direct the same to the city clerk, or in his
absence to the mayor, to whom they shall be delivered
within twenty-four hours, together with the poll book for
each ward, ar.d the city clerk shall carefully preserve said
ballots and the poll books for six months, and at the expira-
tion of that time shall destroy such ballots only, and in all
^test"^ °f *'°"" cases of contested elections the parties contesting the same
shall have the right to have said package of ballots opened
and said ballots referred to by witnesses for the purpose of
such contest. But such ballots shall only be so examined
and referred to in the presence of the city clerk.
Certificates of § 2i. When the votes shall have l^een canvassed, as
election. aforcsaid, the judgcs and clerk of the proper ward shall
make out a certificate of the result of the election for each
ward, as near as may be, in the following form :
At the election in the city of "Watseka, at , on the
of , being the day of the same month in the
year of our Lord, one thousand eight hundred and , the
following named persons received the number of votes an-
nexed to their respective names for the following described
offices, to- wit :
A. B. had votes for mayor of said city.
C. D. had votes for mayor of said city.
E. F. had votes for councilman of ward.
G. K. had votes for councilman of ward.
Certified by us :
A. B., ,
C. D., ,
Judges of the election.
Attest :
G. H., clerk of the election for ward.
Poll books to bo § 25. The poll l)ook and the said tally paper for each
dtyderk. " Ward aud said certificate shall be attached together and re-
turned by the proper clerk or judges to the city clerk.
^can a3.""^'^•o" ^ ^^- "^^^^ ^^*'-^' couucil sliall cauvass the returns so made
tn?ns.' and declare the result thereof within five days after the
holding of said election.
tion.
CITIES. 663
§ 2?. When two or more candidates shall have an equal Tie vote.
(and highest) number of votes for the same office the elec-
tion shall be determined in the presence of the council on
the day the returns are canvassed by the casting of lots by
the mayor or chairman, pro tern.
% 28. The present president and trustees ot the town of Notice of first
Watseka shall, as soon after the passage of this act as prac-
ticable, give notice of the time, place and officers to be voted
for at the first election to be held under this charter ; they
shall provide a place for holding said election ; they shall
appoint judges for said election as provided for in section
three of this article. Said judges shall conduct said elec- J^j^ges of elec-
tion as hereinbefore provided, and the returns shall be made
in the manner hereinbefore provided to the clerk of said
board of trustees or the president of said town of Watseka ;
in case of the absence of said clerk, and in all respects the
canvassing of said returns and the mode of the procedure ^^^o^e of proce-
thereupon shall conform, as near as may be, to the manner
of proceeding hereinbefore pointed out for the said city
council.
§ 29. In case the mayor elect or any councilman elect, ^o'^iRf'offic^?^
shall not take the oath of office hereinbefore prescribed,
within ten days after the result of said election shall have
been declared by the city council, a special election shall be
ordered as hereinbefore provided to till said office.
§ 30. The iudges and clerks of elections in said city, compensation
o . J to J^ judge and clerk
shall receive such compensation as the city council may by of election.
ordinance provide.
ARTICLE lY.
OF CITr OFFICERS OTHER TIIAX MAYOR AND COUXCILME.N .
§ 1. There shall be a clerk of said city to be appointed c'*y '^'®''•'•
annually by the city council, and he shall hold his office
until his successor is appointed and qualified, subject how-
ever, to be removed by the common council for neglect of
duty or mal-conduct in office.
§ 2. He shall have custody of the books, records, papers Duties of ciiy
of the corporation and of the seal of the city. He shall ''^^^^'
also keep the journal of the proceedings of the city council,
at whose meetings it shall be his duty to attend, and he
shall make all entries in the corporation books and records,
copies of all papers filed in his office and transcripts from
the records of the proceedings of the city council, and copies
of all ordinances certified by him under the corporate seal,
shall be evidence in all courts, in like manner, as if the
originals were produced. He shall also have power to
administer any oath or take any affidavit authorized to be
administered or taken by the laws of this state.
§ 3. In case of his absence or inability to act, the city ^baenca of city
council may appoint a temporary clerk with like powers.
Term of offif-e
of marshal.
§ 4. The clerk shall take an oath or affirmation of office,
and he shall be required to give a bond to the city, in the
penal sum to be fixed by the city council, conditioned for
the faithful performance of the duties of his office and the
delivery to his successor of the seal and books, papers and
moneys of the corporation in his hands or control.
§ 5. The city council may appoint a city attorney and
the tenure of his office and his duties, shall be regulated by
ordinance.
§ 6. There shall be a city marshal to be appointed by
the city council, who shall take and subscribe an oath or
affirmation of office, and he shall give a bond to said city
of "Watseka, with sufficient securities to be approved by the
mayor, in a penal sum to be fixed by the city council, con-
ditioned for the faithful performance of the duties of his
office.
§ 7. The marshal shall have and possess the powers
and authority of a constable under the laws of this state ;
to execute and return all process or writs issued by any
proper officer by virtue of this act, or any ordinance in
pursuance thereof. He shall be conservator of the peace,
and shall have power to suppress riots and breaches of the
peace, and take into custody any person who shall, in his
presence be engaged in the commission of any such offence
or in any indictable oft'ence, and take such person before
the proper tribunal foi examination or trial. He shall also
have power to restrain for a reasonable time, all persons
who shall be found drunk, or who shall threaten or attempt to
break the peace, or who shall violate or threaten or attempt to
violate any ordinance or police regulation of said city. And
he shall be authorized to command assistance for such pur-
pose : and he shall have authority to commit any such
person to the county jail, and if necessary, there detain such
person over night or the Sabbath, or until they can be
brought before the proper tribunal for examination or trial.
§ 8. Tlie tenure of office of the Marshal shall be regu-
lated by ordinance of said city.
§ 9. The city council shall appoint a street commissioner
and shall regulate the tenure and duties of his office by ordi-
nance. They shall have power to require bond of him
with securities, for the faithful performance of his duties,
fixing the terms, conditions and penalties thereof.
§ 10. There shall be a city treasurer, to be appointed
by the city council, who shall before entering upon the
duties of his office, take and subscribe an oath or affirmation
of office ; and shall also give a bond to said city with suffi-
cient securities, to be approved by the mayor, and in a
penal sum to be fixed by the city council, conditioned for
the faithful performance of all duties required of hira by
law or the ordinances of the city, and that he will deliver
to his successor in office, all books, papers, moneys and
CITIES. 665
other things belonging to said city, and appertaining to his
office,
§ 11. The city treasurer shall receive all moneys belong- Duties of treas-
ing to said city, and shall keep an accurate account of all "'^""
receipts and expenditures, in such manner as the council
may direct. He shall exhibit to the city council at least
twenty days before the annual election, and at other times
when required, a full and detailed account of all receipts
and expenditures after the date of the last annual report
and also the state of the treasury, which account shall be
filed in the office of the city clerk.
§ 12. The city council shall have power to appoint such Powers of cHj-
,, ^ •^, ,. . ^ ■ 1 ^ council to ap-
other officers, as they may from time to time deem neces- point oflscers.
sary, which other officers they may, if they deem necessary,
require to give bond with sutiicient securities for the faithful
pertormance of their duties, and shall have power to regu-
late the tenure of their office, and the duties thereof, by ordi-
nance.
§ 13. The city officers, except in cases in which their com- compensation
pensation is regulated by law, shall receive such reasonable "^ <='ty offi'^ers.
fees or compensation as the city council shall, by ordinance,
order or resolution, direct and appoint.
ARTICLE V.
GENERAL POWERS OF THE CITY COUNCIL.
§ 1. The city council shall have the control and man- powers of city
agement of the finances and all the property, real, personal ''°"°'^''-
and mixed, belonging to the corporation.
§ 2. They shall have power to open, widen, alter, extend, streets and
establish, grade, regrade, pave, vacate and otherwise alter '^ '"'^^'
and improve, and keep in repair streets, alleys, avenues
and highways, and to protect the same from encroachment
and injury ; and for any of the purposes in this section
recited, or for the purpose of settling any question of dis-
puted boundary wherein the corporation is concerned, they Engineer or
shall have power to contract with some competent engineer ^^^"'^y^^-
or surveyor.
§ 3. They shall have power to remove and abate any obstructions,
obstruction or incumbrance upon the streets, ways and
highways, and to regulate the manner and place of awnings Awnings »nd
and signs. "'«°'-
§ 4. To prevent the incumbering of the streets, side- incumbering
walks, crosswalks, alleys, highways and public grounds, sldlwaiksl
with teams, horses, carriages, wagons, carts, sleds, railroad
cars, boxes, barrels, lumber, timber, firewood, coal, posts or
any rubbish, substance or material whatever, or to prevent
collections of lumber or other combustible material, in the
most populous and built up portions of the city.
Vol. I— 5S
€66
Shade trees.
Night watches.
Fire companies
Sanitary meas-
Breach of the
peace.
Obscene behav
ior, etc.
Fnst riding or
driving.
Prolimity.
Beggars and
proslitutes.
Gaming.
§ 5. They shall have power to encourage by rewards
and premiums and other expenditures, the planting and
protection of shade trees.
To compel occupants or owners of lots or lands to erect
and maintain and keep in repair parapet walls and balusters,
railings or other safeguards against accidents or injury on
or along any sidewalk, cellar way, pit, excavation or other
place where deemed necessary by the council.
To compel all persons to keep the snow, ice or rubbish
from the sidewalks in front of the premises owned or occupied
by them.
To establish and support night watches, and to regulate
the same.
To take an enumeration of the inhabitants of said city as
often as they deem necessary.
To provide officers and companies of men for the ex-
tinguishment of tires, and to reward or otherwise remune-
rate the same ; to provide engines, hooks and ladders, buck-
ets, wells, cisterns and pumps for the extinguishment of
tires, and to make regulations to provide against danger
from fire, and to prevent the same.
To institute suitable hygienic and sanitary measures for
the preservation of the health of the city ; to make regula-
tions to prevent the introduction of contagious or epidemic
diseases into the city.
To define and declare what shall be deemed nuisances ;
to authoi'ize and direct the summary abatement thereof, and
to punish the author thereof by penalties, fines and im-
prisonment in the county jail.
To compel the owners or occnpiei's of barns, stables,
privies, pens or yards for the impounding or keeping of ani-
mals, or other nauseous place, to keep the same cleansed,
or to remove them, if necessary for the health and comfort
of the city ; to prevent the indecent exposure of stallions or
other animals.
To prevent and punish the sale of any unsound or dis-
eased meat, or other provisions.
To prohibit and punish any disorderly conduct, or any
disturbance or breach of the peace.
^ To prohibit and punish any willful or malicious destruc-
tion of or injury to any public or private property.
To prohibit and punish public obscenity, either of lan-
guage or action.
To prohibit and punish the fast riding or driving of
horses and vehicles in the streets and highways.
To prohihit and punish public wrangling or quarreling;
to prohibit and punish loud and public profanity.
To restrain and punish vagrants, mendicantsj street beg-
gars and prostitutes.
To restrain, prohibit and punish all descriptions of gam-
ing and fraudulent devices, and all playing of dice, cards
and all games of chance, with or without betting.
CITIES. " 667
To prevent any riot, noisy disturbance or disorderly as- Riot,
semblage.
To regulate, restrain and prohibit the running at large cattie and
of cattle, horses, swine, mules, sheep, goats, geese and other ^°"^^-
domestic or domesticated animals, and to authorize the dis-
training, impounding and sale of the same, for the penalty
incurred and costs of the proceedings ; and also to impose
lines and penalties on the owners of any such animals for
the violation of any ordinance in relation thereto.
To regulate, license, suppress and prohibit all exhibitions show«.
of common showmen, shows of every kind, concerts and Concerts,
other musical entertainments by itinerant persons or com-
panies, exhibitions of natural or artificial curiosities, cir- circuses, etc.
cuses and theatrical performances ; to authorize the mayor
or other proper officer of the city to grant or issue licenses ^j^^^^fjj^^^""
for such exhibitions, and to direct the sums to be paid for
such licenses, and the fees for granting the same.
To license, tax, regulate or prohibit auctioneers, hawkers Auctioneers
1 1 ,, ' ' '^ ^ ' and peddlers.
and peddlers.
To restrain, prohibit and suppress gaming houses, houses ^°J^^^ "^^'^
of ill fame, and all other disorderly houses, billiard tables. Billiards,
from one to twenty pin alleys or tables, pigeon holes and Ten pin alleys.
ball alleys or tables, and to authorize the demolition and
destruction of all instruments or devices or instruments used oaming.
for the purpose of gaming.
To provide for the inspection and weighing of hay and
coal ; also tor the raeasuiing and inspection of tire wood,
and to regulate the sale thereof.
To regulate or prohibit the storage of gunpowder, tar,
pitch, resin or other combustible or dangerous combustibles
within the city. special police.
To apjioint and maintain a special police force, when
they shall deem necessary, and for such time as they shall
deem proper, and regulate and prescribe the duties thereof. Powers of city
§ 6. The city council shall have power to make, pass, °'"^°'''^-
ordain, publish, amend and repeal all such ordinances, by-
laws, police regulations, rules, orders and resolutions as
they may deem proper and necessary for carrying into ex-
ecution and effect the powers granted by this act, so that
the same be not repugnant to or inconsistent with the consti-
tution of the United States and of this state, and to enforce
the observance of all such ordinances, by-laws, police regu- Forfeitures,
lations, rules, orders and resolutions, by forfeitures, fines, penliti^'sf
penalties, imprisonment and otherwise : Provided, no such
forfeiture, fine or penalty shall exceed one hundred dollars,
and no such imprisonment shall exceed three months. imprisonment
§ 7. The city council shall have power to provide for '°''^'^®-
the enforcement of the payment of fines, forfeitures and
penalties, and the costs of the proceedings wherein such
tine, forfeiture or penalty shall have been found, assessed
or adjudged against any person, by imprisonment in the
counts jail until such tine, forfeiture or penalty, and such
668 ' CITIES.
costs shall be paid : Provided^ such imprisonment shall
not continue longer than for the period of three months.
style of ordi- § 8, The stjle of the ordinances shall be, " Be it or-
nances, daincd bj the city of Watseka." All ordinances passed by
the city council shall, within one mouth alter they shall
PiiUication of have been passed, be published in some newspaper in the
ordinances. ^jj-y qj. posted on a placard board near the front entrance
of the court house, and in three other public places in said
city, and shall not be in force until they shall liave been
published or posted for the period of six days. It shall be
Dutiesof clerk, the duty of the clerk of the city to cause said ordinances to
be published or to post the same, as he may be directed by
the council ; and in either case his certilicate or certitied
copy of said certificate, attested by the seal of said corpora-
tion, attached to a copy of said ordinance, shall be held in all
Evidence of courts and places sufficient evidence of such publication or
publication, posting. The rec^uirements of this section as to publication
or posting shall not be taken and construed to include by-
laws, rules, orders or resolutions.
Prhof of ordi- I 9. All ordinances of the city may be proven by the seal
of the corporation, and when printed in book or pamphlet
form, and purporting to be printed and published by the
authority of the corporation, the same shall be received in
all courts and places without further proof.
Old ordinances, § 10- AH Ordinances and resolutions passed by the presi-
tn"'fo?cruntii ^^"^ ^^^ trustees of the town of Watseka shall remain in
repealed or ai- forcc Until the Same shall have been repealed by the city
*^'® ■ council hereby created ; and the said president and trustees
shall continue in office, and exercise all the powers ui.h
which they are now invested, until the city council hereby
created shall have been elected and qualified.
Pending suits § H. No suit, actiou or prosccutiou which .may have
aad actions. '\qqq^^ instituted by the president and trustees of the town of
\ Watseka prior to the passage of this act, and which may be
still pending and undetermined, shall be abated in conse-
quence of the passage of this act.
Liquor traffic. § 12. The having ou hand, giving away, selling trad-
ing in, bartering, exchanging or otherwise disposing of any
vinous, spirituous, mixed, malt or fermented liquor, or any
other liquor that will intoxicate, for any purpose except for
chemical, mechanical, medicinal, sacramental or culinary pur-
poses, within the limits of said corporation, is absolutely pro-
hibited. If any person shall violate this section, such often-
Fine, der shall be liable to a penalty or forfeiture of fifty dollars for
each and every such ofience or violation .• and this prohibi-
tion shall be taken to include all persons so having on hand,
giving aM^ay, selling, trading with, bartering, exchanging
or otherwise disposing of such vinous, spirituous, mixed,
malt or fermented liquors, or any other liquor that will in-
Dftiinitionofthe toxicatc, whether he be the owner thereof, or only clerk or
o ence. temporary assistant to such owner or reputed owner ; and
they shall be liable, whether the owner or ostensible pro-
prietor be known or not. Every such offender may be
prosecuted, and the penalty or forfeiture be enforced and
recovered by said city in an action or suit before any jus-
tice of the peace of ttie county of Iroquois, or may be in-
dicted by the grand jury, and prosecuted in the circuit
court of said county. In actions or suits before any justice Actions and
of the peace by said city under and by virtue of this sec- the"\TtyTs^
tion, it shall not be necessary for said city to give security ^p*^.*^-
for costs ; and the comineucement of said action or suit shall
be by summons, except when oath shall be made as in section
fourteen of this article, which summons, in its formal parts, summons,
shall be as follows :
State of Illinois, )
Iroquois Coimty. j
The People of the State of Illinois to any constable of said
county, or the marshal of the city of Watseka — Greeting :
You are hereby commanded to summon to appear be- Form of sum-
fore me at , on the day of , a. d. lb — , at — °'°°^"
o'clock — M., to answer the complaint of the city of Wat-
seka, for a failure to pay said city a certain demand, not ex-
ceeding one hundred dollars, for a violation of section
twelve of article live of the charter of said city ; and thereof
make due return as the law directs. Given under my hand
and seal this day of , a. d. 18 — .
, J. P. [skal.]
If such penalty or forfeiture shall not be immediately commitment to
paid, the justice of the peace rendering judgment for such '"'*■
penalty or forfeiture shall at once couiuiit the offender to
the common jail of the county of Iroquois until said penalty
or forfeiture and the costs ot the proceeding be paid : /V'J- Proviso.
vided, that such offender shall not be detained in prison for
the penalty or forfeiture incurred by any single offence for
a longer period than three months.
§ 13. Execution may issue immediately upon the ren- Executions,
ditionofany judgment for any penalty or forfeiture by
virtue of the preceding section, if the same be not at once
paid, and such execution shall be a lien upon the entire
stock of liquors and furniture pertaining to such unlawful
business or traffic that may be found where said offence
was committed. When such execution shall be returned
satisfied, if the offender shall still be in prison, the magis-
trate shall at once make out an order for his release or
discharge, and he shall be discharged accordingly.
§ 14. If any credible person shall make oath that any violation of sec-
person has violated, as he has cause to believe, section "''°^--
twelve of this article, and that there is danger that any line,
forfeiture or penalty incurred by reason of the violation of
said twelfth section of this article, will be lost unless the
offender be held to bail, and shall also state the cause of
such danger, under oath, so as to satisfy the justice of the
670 CITIES.
peace that there is reason to apprehend such loss, it shall be
Capias to issue, the flutj o± such justice of the peace to issue a capias to
apprehend such offender, which shall be, as nearly as cir-
cumstances will admit, in the following form, to-wit:
Form of capias. StATE OF ILLINOIS, ~
Iroquois County^
The people of the state of Illinois to the marshal of the city
of Watseka, or any constable of said county — Greeting :
You are hereby commanded to take the body of , and
bring him forthwith before me, the undersigned, justice of
the peace, unless special bail be entered ; and if such bail
be entered, you will then command him to appear before
me, at , on' the day of , a. d. 18 — , at
o'clock, — M., to answer the complaint of the city of Wat-
seka, for a failure to pay said city a fine, forfeiture or pen-
alty of fifty dollars, for a violation of section twelve of
article five of the charter of said city, and make due return
as the law directs. Given under my hand and seal, this
day of A. D. 18 — .
J. P. [seal.]
And in all such cases the defendant shall have the right
to release his body, arrested by virtue of such process, by
giving special bail to the ofticer executing the same, which
shall be indorsed on the capias in the following form, as
near as may be:
Form of in- I A. B., acknowledge myself special bail for the within
dorsement. , -ftT i i . • i ,■
named . Witness my hand this day ot ,
A. D. 18—. ■ A. B.
which indorsement shall be signed by one or more sure-
^samr*' °^ ^^^ ^^^^^ ^o ^6 approved by the officer executing the writ, and
the liabilities which shall attach to such security or bail in
such case shall be as follows: if the defendant shall not per-
sonally ap})ear before the justice of the peace, as required,
on the day set for trial, or if continued, on the day to which
judgment. ^*^ ^^® samc 'may be continued, and if he shall fail to pay what-
ever judgment may be obtained against him, or sliall not
surrender his body within thirty days from the judgment,
then and in such case the bail shall pay the judg;meut and
costs.
Fines to go in § 15. All fiues, forfeitures or penalties for violation of
ry? " ^ "*^^' section twelve of this article, and all tines, foi-feitures or
penalties arising or growing out of any other provision of
this charter, or for the violation of any ordinance or regu-
lation made in pursuance of the powers thereof, shall, when
oollected be paid into the city treasury,
ARTICLE VI.
TAXATION.
Taxable proper- § 1. The city council shall have power and authority to
, levy taxes upon all property, real and personal, within the
CITIES, 671
limits of the city, not exceeding one per centum per annum
upon the assessed vahie thereof, and shall have power to
make any special assessment necessary to carry out and en- Special assess-
furce any of the pruvisions of this act. The fund arising *"®" '
from said general tax may, after defraying the general and
contingent expenses of said city, be appropriated to such
other special purpose as the council may direct.
§ 2. The assessment of the county or township assessors Assessment,
for each and every year of the property in said city shall
be deemed and taken as the assessment of said city, and the
city clerk shall certify to the clerk of the county court on
or before the time required by law for the county or town-
ship assessors to make their returns to the county clerk, all
persons and property taxable therein, with the taxes and
special assessments levied thereon, in which case they shall,
by the county clerk, be entered on the proper tax book, and ^j°'^^Jg*^'°" "'
be collected with and in the same manner that the state and
county taxes are collected, and the same fees shall be paid Fees.
by said town for actual services herein as may be provided
by the revenue laws of the state for similar services.
§ 3. The county or town collectors, having collected said To be paid over
city taxes and assessments, shall pay the same over to the treasurer,
city treasurer, at the same time he may be required by law
to pay over the county revenue.
ARTICLE VII. ^
STREET LABOR.
§ 1. The city council shall have power, for the purpose ^,™°"°fabor
of improving the streets, and keeping the streets, lanes, al-
leys and highways in repair, to require every male inhabi-
tant of said city of twenty-one years of age to labor on the
streets, alleys and public highways within the limits of the
city, for any number of days in each and every year not
exceeding four.
§ 2. Any person may commute for such service by pay-
ing to the street commissioner at the rate of one dollar per
day.
§ 3. Every person who, after having three days' notice Neglect to labor
from the street commissioner, to perform such labor, shall °'" "=°"'"'"^^-
neglect or refuse to perform the same, and shall also neglect
to commute therefor, shall be liable to a penalty of one dol-
lar and hfty cents for each days' labor, to be recovered be-
fore any court of competent jurisdiction, and his liability to
perform the labor shall not thereby be discharged.
§ 4. The inhabitants of said city shall not be liable to citizens exewipt
, , , 1 1 -( • • ,• 1 • if <"" ^'0!\A labor
work upon .,ny roads beyond the limits or the city, and omside the city
shall be exempt from paying any tax in lieu thereof without '''"'^*'
said limits.
672 CITIES.
ARTICLE VIII.
OF PTTBLIC IMPROVEMENTS, AND SPECIAL ASSESSMENTS,
Buiidins of § 1. The city council shall have power, from time to
croLsmgs. ^° time, b}' ordinance, order, resolution, or otherwise, to cause
side and crosswalks to be built, re-built and Repaired in any
street, alley or highway or part of street, alley or highway
within said city, of plank or other material, as they shall
think proper.
Owners of lots. § 2. All owncrs of lots or land in front of or adjacent
to which the city council shall order sidewalks to be built,
re-bnilt or repaired, shall build, re-build or repair such side-
walks at their own costs and charges in the manner pre-
scribed, and within the time directed by said city council, of
Notice given, which requirements he shall have notice in such manner as
the city council shall prescribe, and if not done within the
time and in the manner prescribed the city council may
cause the same to be built, re-built or repaired, and assess
Expenses may the cxpcnsc thereof, by an order to be entered in their pro-
be assessed, cccdings, upou such lots and lands respectively, and collect
such assessments in the same manner that city taxes upon
Suit against real cstatc for general purposes are collected. A suit may
ownei. ^jg^ j^^ maintained against the owner of the premises
chargeable therewith, in any court of competent jurisdiction,
as for money paid and laid out for his or her use at his or
her request; and if such suit shall be commenced before a
justice of the peace, the connnon statutory iorm of sum-
Penaity for neg- mous shall be a Sufficient summons. The city council may
iect. " also, by ordinance, impose such penalties upon the owners
aforesaid for any neglect or refusal to comply with the re-
quirements aforesaid, not exceeding jBve dollars for each
day's neglect, as to the said city council shall seem proper.
Sidewalks. § 3. Owuers of real estate shall keep the sidewalks in
front of or adjacent to their respective premises at all times
in a safe condition and in a good and thorough state of re-
pair; and if at any time any injury shall be sustained by
Owner liable in any individual, or the city shall be subjected to any damages
caseof damage j^ conscqucnce of any defect in any sidewalk, or its being
out of repair, the owner of the adjacent premises shall be
liable therefor, and the same may be recovered by a suit in
Proceedings by any court of general jurisdiction. If the owner be a non-
attaohment. resident pioceedings may be commenced against the prop-
erty by attachment, as in other cases of attachment under
the laws of this state.
Expense of § 4. In all cascs where expenses may be incurred in the
ances?^ °'^'^" rcmoval of any nuisance, the city council may cause the
same to be assessed against the real estate chargeable there-
with, and collected in the manner provided in sections two
and three of the sixth article of this act, such expenses shall
likewise be collectable of the owner or occupant of such
CITIES. r»73
premises in a suit for money expended to his, her or their
use. Suit may in Hke manner be brought against the J^nit for coiiect-
author of such nuisance when known, or any person whose mi1slneer*°
duty it may l)e to remove the same,
ARTICLE IX.
DAMAfiKS nv OrEXIXfi OR ALTERING STREETS, ETC.
^ 1. When it shall be necessary to take private property AJteijns street.
,, ^ . .1 . 1. • "^ IV i. i 1 and lanes, etc.
lor openmg, widening or altenng any public street, lane or
alley, or for any other public improvement, the city shall
make a just compensation to the owner thereof.
§ 2. If the amount of such damages can not be agreed Amount oi
upon, the mayor shall cause the same to be assessed before '^'"*°^-
him by a jury of six freeholders of the city, not directly summon a jury
interested ; and for such purpose the mayor shall have
power to administer oaths to the jury and issue subpoenas
for witnesses to any constable or the city marshal, and com-
pel their attendance by attachment, and to administer oaths
to witnesses.
§ 3. In assessing or estimating the damages in any such ^1^^'}^^^**]°^ ^^*
case, the jury shall take into consideration the beneiits ac- ' '
crning to the said owner, either by reason of convenience
or enhanced value by reason of such opening, widening or
altering of such street, lane or alley.
§ 4. Th.eve7iire for a jury, in any case under the pro- yeniretora
visions of this article, shall be issued by any justice of the '""'•
peace or police magistrate residing in said city on the appli-
cation of the mayor, and shall have the same force and
effect as in other cases.
§ 5. All jurors in such cases shall lirst be sworn to dili- *^*"' of jurors,
gently and impartially inquire into the amount oi benefit or
damages which shall happen thereby to the owners of prop-
erty proposed to be taken, and shall make their inquest, in
writing, in duplicate, signed by each juror, and they shall
deliver one to the mayor and the other to the owner.
§ 6. The mayor shall have power, for good cause shown, Mayor may re-
within ten days after any such inquest shall have been J^'^* ""i"®*^-
made, and return to him, as aforesaid, to set the same aside
and cause a new inquest to be made.
§ 7. When the inquest of any such iury shall be re- city council
. 1 1 .1 f 1 11 "^1 -^ '' . ,1 shall dispose of
turned to the mayor, he shall, unless a new inquest be the inquest.
ordered, report the same to the city council, who shall make
such order or take such action in the case as they shall think
proper ; and if a new inquest be ordered by the mayor, a
like course shall be pursued.
§ 8. The owner may take an appeal any time within Appeal by own-
thirty days from the final order or action of the city council, ^'"•
by entering into an appeal bond, with sufficient sureties, in
the penal sum of one hundred dollars, conditioned for the
payment of the costs of the appeal, and by filing a copy of
Vol. 1—59
f;7-l- (;iTiEs,
cosis of appeal. tliG inquest with a copy of the records of the proceedings of
tlie city council in the case with such bond, with the clerk
^eourt" ''"''^^"'* of the circuit court of Iroquois county. If, upon trial in
the circuit court, the appellant recovers more than was
awarded to him, by the inquest, he shall recover costs,
otherwise he shall pay them ; from which judgment no ajv
peal or writ of error shall lie. Upon such trial, on appeal,
all qnestions of damages shall be open to investigation by
the circuit court.
Damages to be R 9. The land required to be taken for the makinp;,
paid before Uie ^ . -j • li. • l i. i.i i • i
landeanbeapopemng. Widening Or altering any street or other highway,
propriate.i g^all not bc appropriated until the damages awarded there-
for to any owner thereof, under this act, shall be paid or
tendered to such owner or his agent ; or, in case said owner
or his agent can not be found in said city, deposited to his
or her credit, in some safe place of deposit, other than tJie
hands of the city treasurer, and then such lands may bo
taken for the purposes aforesaid.
Widening or ai- § 10. When the owncrs of all the property abutting or
iprin.E^Ptreets. jyjjjg qj^ q^^j g^j.^et Or part of Street, lane or other highway
proposed to be opened, widened, changed or altered, shall
petition therefor, the city council may open, widen, change
or alter the same, upon conditions to be prescribed by ordi-
y^o^^^pom^nnf^a- nancc *, but no compensation shall be made to any of said
owners for their property taken for said purpose.
PeiiUons to va- § H. When the owners of all the property on any street
'""*^' or part of street, lane, alley or other highway, shall peti-
tion the city council to vacate the same, the city council
shall have power, if they deem it for the best interests of
the city, to vacate such street, part of street, lane, alley or
other highway upon the payment by such owners, to the
city, of such sum or sums as the city council shall deem
Action of city their respective lots or lands benefited thereby. The order
cu""ve. '''"" of the city council ordering or declaring such vacation, en-
^ tered of record shall be hiken to be conclusive of sucli
vacation.
ARTICLE X.
5^ 1. The city council shall have power —
School (lisiricis MrsL — To lay off" and divide the city into one or more
school districts, alter the same and create new ones.
School houses . Second. — To purchase or lease sites for school houses,
with the necessary grounds.
1- Third. — To erect, hire or purchase buildings suitable for
school houses and keep the same in repair.
fourth. — To furnish schools with necessary fixtures, libra-
ries and apparatus.
Fifth. — To establish, support and maintain common
schools.
Skcth. — To hire teachers and fix their compensation.
School
ings.
CITIES. ^ 675
oenth. — To prescribe the studies to be taught in the schooitooks.
' ^erent schools, and the school books to be used.
Eighth. — To appoint a board of school inspectors, not ex- ^^"t^'MX mtv^c-
ceeding three in number, and to prescribe the powers and
duties of such inspectors. Snch inspectors shall not be en-
titled to any compensation.
Ninth. — To cause the public moneys for the support of «ehooi moneys
schools to which the said city or the schools therein may be
entitled, to be paid into the city treasury and to direct the
expenditure thereof.
Tenth.-r-To supply inadequacy of such moneys for the sciiooitax.
l)ayment of teachers by a school tax.
.Eleventh. — To levy taxes and cause tJieir collection as 'i;i-^c.s loi
other taxes are collected for the pay of such teachers, and poses. '"""
for the building of school houses and repairing the same,
and for other purposes mentioned in this article ; the said
taxes to be designated as school taxes, and the fnnd thereof school luu.i
shall be kept a separate fund.
§ 2. The provisions and powers of the foregoing section Provi-o.
shall not be construed to interfere with, in any manner, the
common schools as established, maintained or supported in
any school district or school districts which may include said
city of Watseka, or portions thereof, until the city council
shall elect, by ordinance, to assume the j^owers in said first
section granted.
§ 3. "The city council shall have power, whenever they «isii y^i'ooi.
may deem it for the interest of said city, to provide by
ordinance for the establishment of a high school or semi-
nary in said city, and for that purpose they shall have
power —
First. — To purchase or receive donations or gifts of ^g^oS. cL
grounds for the erection of buildings for said high school.
Second. — To receive gifts, donations or "endowments for Donations,
the erection of buildings, purchase of apparatus for teach-
ing, library, or for the purpose of raising an annual interest
for the payment of teachers.
Third.— Ho borrow money payable out of the high school To bonow mo-
fund and issue bonds therefor not exceeding six per cent, of "^^"
the taxable property in said city : Provided, that no greater proviso.
rate of interest than ten per cent, shall be paid therefor, nor
that said bonds shall be disposed of by said city for less than
their face. Said city shall not borrow money and issue
bonds for a longer term than ten years, and when they shall
have so borrowed money they shall annually levy and cause •
to be collected a sum sutficient to pay the interest thereon inieic'>t,
and to create a sinking fund, which shall be equal at the
expiration of the time for which said money shall be bor-
rowed, to a sum sufficient to pay the principal thereof. Piiiaii>ai.
Fourth. — To levy and cause to be collected, taxes for the '^■''^•
support and maintenance of such high school.
676 CITIES.
School iiook?. tifth. — To regulate and determine the branches of learn-
ing to be taught therein and the books and apparatus to be
used therein.
uuies. Sixth. — To establish rules for the government of said
schooh
Terms of Seventh. — To establish the terms and price of tuition
iiution. therein : Provided, that schokirs who are residents in good
faith in said city and possessing the qualifications of schol-
arship, required and ascertained as said city council shall
^t'l'i'oiai^hip. direct shall be admitted to tuition in said high school free of
charge.
Salaries. Eighth. — To rcgulatc and provide tlie compensation ttr
salary of teachers.
^dT^om"s. ^"*^ Ninth. — To provide and offer rewards, premiums or med-
als for advanced or extra scholarships, and to provide for
the granting of diplomas.
Board of visit- Tenth. — Toappolut a board of visitors for said high school
not exceeding five and to specify and prescribe their duties,
and to make them examiners of the qualitications of appli-
cants for admission into said high school.
H'f:^' school Eleventh. — To direct that taxes and other moneys raised
for any purpose herein provided, shall be paid to the city
treasurer. Said fund shall be known as the high school
fund and shall be kept se])arato and inviolable for any other
purpose.
ARTICLE XI.
MISOEI.I.ANEOrS I'ROAISIOXS.
Record^ of ordi- g 1. There shall be kept by the city clerk a true record
of all ordinances of said city which have been duly passed
and published or posted. as hereinbefore provided, and no
ordinance shall be therein recorded unless the same has
been so passed and published ; he shall also record in said
^ record all orders and resolutions adopted by said council,
^v^ide^oe.'*"''^ and such record shall be evidence in all courts and places.
Officers to, give | 2. The city couucil shall have power to require any
officer of said corporation who shall have given bond for
the faithful discharge of his duties, to give additional secu-
rity when necessary ; and nuiy also require any such officer
to give a bond for any sjiecial or j)articular fuiul that may
come into his hands.
^n-llrc'os^"' °^ '^' § ^' The city council shall cause to be published an-
nually, either by posting the same in three of the most
public places in said city, or by printing in some newspaper
published in said city a full and compfete statement of all
moneys received and expended by the corporation during
the preceding year, and on what account received and
expended,
^thocity.'"'^''""' i ^- ^^1 clainjs against said city shall be audited by the
common couucil, and all payments except the bonded in-
CITIES. 677
debtedness hereinbefore specified for high school purposes
shall be made by order or warrant on the city treasury
signed by the clerk and countersigned by the mayor, and
all sach orders or warrants shall be drawn on and payable
out of the particular fund to which they are properly charge-
able.
§ 5. Appeals shall be allowed iu all cases arising under Appeals.
the provisions of this act or any ordinance in pursuance
thereof, to the circuit court of the county ot Iroquois :
Provided^ that all appeals from judgments, tines or penal- Proviso,
ties, shall be paid for and ]")ertectef1 within five days after
the rendition of judgment.
§ 6. In all prosecutions for any violation of this act or summons.
any ordinance in pursuance thereof, the first process shall
be a summons, unless oath or affirmation be made for a
warrant as in other cases ; but when any person shall be
arrested on view, for the violation of the provisions of this
act or of any ordinance of said city, and brought betore the
proper magistrate, trial may be had in a summary manner,
and without complaint or process. And such summons. Form of sum-
when issued by any justice of the peace, shall be, as near as "^°°^-
may be, in the common statutory form, except as hereinbe-
fore provided, and need not specify any form of action, but
stating briefiy the offence complained of.
§ 7. The said city may appeal in all cases arising under Appeals by the
any law of this state or the charter or ordinances of said '-''y-
city, without giving security ; but in cases of appeal by the
city, the mayor shall execute bond, under the seal of the
city, without sureties.
§ 8. Transcripts of judgments arising under the charter Transcripts »f
or ordinances of the city, may be taken from the docket of •i'^'^s™^'!'-'
magistrates, and filed in the oflice of the clerk of the cir-
cuit court of Iroquois county, and shall have the same
force and efi'ect as transcripts in other cases, and execu-
tions shall be issued thereon and collected, in like manner.
This section shall be taken to include police magistrates,
when elected in said city.
§ 9. Executions may issue immediately on rendition of Executions.
judgment : Provided^ that if a levy shall be made within proviso.
five days of the rendition of the judgment, and the person or
persons against whom the same shall be rendered, shall per-
fect an appeal, as hereinbefore provided, such appeal shall
operate as a release of the property so levied upon.
§ 10. No fine or imprisonment imposed shall be remit- Remission of
ted, except upon unanimous vote of the city council. ^"'^''*
§ 11. No person shall be an incompetent judge, justice citizens not dis-
(»f the peace, witness or juror in consequence of being an lieinlf^Jarti^
inhabitant or freeholder in said city, in any case where said '° interest,
city is a party in interest.
§ 12. The city council may annually designate one pub- Public newspa-
lic newspaper, printed in said city, and in which may be ^^^'
remain i
678 CITIES.
published all ordinances and other proceedings required in
any case by this act, or any ordinance of said city, to be
published in a public newspaper ; and such newspaper shall
City printer. ]^q ^]^q official ncwspapcr of said city, and the printer thereof
shall be the city printer.
urdmauces to g 13^ All ordlnanccs, orderti, rules, regulations or or-
ders now in force in the said city of Watseka, and not in-
consistent with this act, shall remain in force under this act
until altered, modified, amended or repealed by the city
council, after this act shall take effect.
Police iiiagis- | 14-. Whenever the city council shall deem it advis-
able to have a jiolice magistrate elected foi said city, they
shall cause notice to be given, as required by this act for
any general election, or may order a special election for the
Jurisdiction, elcction.of sucli police magistrate, and his jurisdiction, when
so elected, commissioned and qualified, shall be concurrent
M^ith other justices of the peace, in all cases.
Public nei. ^ 15. This act shall be deemed a public act, and may be
read in evidence, in all courts and places, without proof,
and judicial notice shall be taken thereof in all courts and
places.
Powers of the § 1 6. Tlic Said city shall have all the powers conferred
''^^^' on towns and cities by general statute, when the same shall
not conflict with the provisions of this act.
§ 17. This act shall take effect and be in Jbrce from and
after its passage.
Approved, February 19, 1867.
In lorce KeK AN ACT to authorize tlif city ol' Macomb to elect supervisors and other
'J3, 1867. officers.
Section 1. Be it enacted hy the Feo]ple of the State qf
Illinois^ re])rci.entcd in the General Assembly, That after
Limits. the taking effect of this act, the territor}' now or hereafter
to be embraced within the limits of the city of Macomb, in
McDonough county, in this state, shall not, for township
purposes, be included within the jurisdiction either of the
townships of Scotland, Chalmers, Emmett or Macomb.
)f the § 2. At the annual election of cit}^ oiiicers in said city,
there shall be elected one overseer of the poor, for said city,
who shall have the same powers, rights and privileges, and
perform the same duties, as overseers of the poor in town-
ships in counties acting under township organization, but
the accounts of such overseers of said city, instead of being
audited by the township auditor, shall be audited by the
common council of said city, and certified by them to the
board of supervisors of said county, who shall cause an
Overseer
poor.
CITIES. 679
order to be drawn on tlic treasurer of said county -for the
payment thereof.
§ 3. The real and personal property, subject to Taxes,
taxation within said city, shall be assessed by the city
assessor, and all state and county taxes within the same
shall be collected by the tax collector of said city, in the
same manner and for the same compensation as assess-
ments and collection of taxes are made in other townships
in said county ; said collector being required to give like
bond as said township collector, which bond may be ap-
proved by either of the supervisors of said city.
§ 4. Said city is hereby declared to be an election pre- Election pre-
cinct for all general or special state or county elections, and '^""'**
the judges and clerks of such elections shall be appointed
by the common council of said city, and said common coun-
cil shall have power to divide said city into election pre-
cincts, but not exceeding one for each ward.
§ 5. At each annual election for city officers in said city, Supervisor and
there shall be elected by the qualified voters thereof, one
supervisor and one assistant supervisor for said city, each of
whom shall possess all rights, powers and privileges of
supervisors of the several townships in said county, and the
common council of said city may divide said city into two
districts, each of which shall be entitled to elect one super-
visor, but in forming districts no ward shall be divided.
§ 6. No justice of the peace, constable or notary public cityeffi'^ers
shall be ousted of his office in consequence of the passage
of this act, but in case of the death, resignation or removal
of any justice of the peace, (police magistrate excepted),
constable or notary public in said city, the vacancy occa-
sioned by such death, resignation or removal, shall not be
filled, unless such vacancy shall diminish the number of like
officers to which said city shall be entitled : Provided, said
city shall be entitled to as many justices of the peace as
towns now are or hereafter may be.
§ 7. At each election of police magistrates and city jus- Election of po-
tices of the peace in said city, there shall be elected the like tl^-ftes. '"''^'"
number of constables.
§ 8. The city council shall have power to appoint, to var>ancie«.
fill all vacancies in the offices of supervisor, assistant super-
visor and overseer of the poor.
§ 9. This act shall take efiect and be in force from and
after its passage.
Approved February 23, 1867.
G80
In foree when ' AN ACT to amend the charter of tlic cit.v of Aurora
adepted by the
legal voters.
Deposit of
streets aiid
alleys
Section 1. Be it enacted By the Peojple of the State of
Illinois, represented in the General Asse?nbly, That when
building ma- the common council permits any person or persons on an}-
I'.oiuK ' *" *"' street or alley, to deposit building material, such person
or persons shall give a valid bond to the etl'ect that lie shall
be liable for any damage occasioned by such occupancy.
Works in _ § 2. That whcu any work is let requiring the digging
up of any street or alley, the contractor shall be required
to put up barriers and lights, and that the contractor shall
be liable for all damages arising from such digging.
§ 3. That when any work is let by contract, a bond
shall be taken to keep the city harmless from any expense
on account of granting such contract, or any damages that
may result from the negligence of the contractor.
§ 4. The common council shall have power to cause the
penses? expcnscs of keeping the sidewalks in front of any unoccu-
pied lot or premises, free from snow, ice, dirt or other obstruc-
tion, to be levied upon said lots or premises, and prescribe
the manner of levying and collecting the same.
Water priviie- § 5. The commou council shall have power to purchase
s^^- water privileges, sink artesian wells by pipes, and construct
reservoirs for water for the extinguishment of tire and other
purposes, and to lease and regulate the price thereof.
Borrow money § 6. The comiiion couucil shali have power to borrow
bonds.^"^ money and issue bonds not exceeding the sum of fifty thou-
sand dollars, for the purposes mentioned in the preceding-
section, being section five hereof.
Taxes. § Y. The common council shall have power to levy a
tax not exceeding two mills on the dollar in any one year,
for the purpose of providing a sinking fund to pay the
bonds and interest above provided for.
Loans to city § 8. The matter of the loan mentioned in the sixth sec-
determined by ^.^^^ ^^ ^^^-^ ^^^^ ^j^^^^j ^^^ Submitted to a votc of the legal
voters of the city of Aurora, before any bonds shall be
issued, and the common council shall have power to submit
the proposition for or against said loan, to a vote of the
people at any time or times they shall think fit, upon giv-
ing ten days' notice of said election, the vote to be "for the
loan" or "against the loan," the fate of said loan to be deter-
mined by a majority of those voting at any of said elections.
©as works. § 9, That the common council shall have power to erect
gas works, to purchase necessary lands for the same ; to lay
pipes and to do all that may be necessary to complete said
works; to regulate the charges for selling gas or any other arti-
cle produced by said works, and to borrow money and issue
city bonds, to an amount not exceeding fifty thousand dol-
lars for such purpose, the amount ot the loan for said purpose
10 be submitted to the vote of the legal voters of the city.
Levying
CITIES.
6S1
§ 10. The common council shall have powQr to submit L^ans^ deter-^
the proposition for or ag-ainst a loan for the purposes men- ""'"^ ^'"^•
tioned in section nine of this act, to a vote of the people at such
time or times as they shall see tit, upon giving ten days
notice of said election, the vote to be ''tor the loan to erect Elections,
gas works," or against the loan to erect gas works," the
fate of said loan' to be determined by a majority ot those
voting at such elections.
§ 11. That in assessments for improvements, ot building Assessmenta.
sewers, drains, grading, opening, widening and extending
streets and alleys, the same shall be made by assessing the
benetits and damages on all property benelited or damaged
by the same. . „ , i .
§ 12. That on receiving an application for the making ^^^^^^^^^^^^^,^
of any improvements, the city surveyor shall investigate the application,
same and report it to the common council, with an estimate,
and a statement of how much is chargeable to real estate
benefited, and how much to the general fund. The council
may then order the work done, and in that order specify
the amount to be assessed.
§ 13 That the city assessor shall not assess real or per- Assessors'
sonal estate, at any less than its cash value. All personal pro- duties,
perty in the city shall be assessed whether the owners reside
in the city or not.
§ li. That all resolutions or motions to appropriate j^j^tj^^ to ap-
money out of the city treasury, shall lay over to the next propri«^te
regular meeting, unless voted for by two-thirds ot the alder-
men composing the city council.
§ 1.^. That no ordinance shall be finally adopted by the Adoption of or-
common council, until engrossed by the clerk, and approved dinances.
by the city attorney.
§ 16 The common council shall at the next city election Adoption of
or at a special election called for that purpose, by giving at ^n-^e^J-'b/.^^te:
least ten days' notice in the usual manner, submit the ques-
tion of the adoption or rejection of this ace, to a vote of the
qualitied electors of said city. The form of votes shall be Manner of
'-for amendments to city charter" or "against amendments 'o^mg.
to city charter," and if a majority of the votes so cast shall
be "for amendments to the city charter," then this act shall
become a law ; otherwise it shall be void and of no effect.
Approved February 28, 1867.
AN ACT to incorporate the city of Murphysboro. j^ jo^ce Mar«h
1867
Srction 1. 7?^ 'V enncferl hj the People of the State of
lUiiioia^ repi ^Stilted in tht General Assembly, That the
inhabitants of the town of Murphysboro, in the county of
Vol. 1—60
r>82
CITIES.
Name and style
Seal,
Boundaries.
Council.
Tertn.
Eligibility.
Vacancies,
Quorum.
Officers ap-
pointed.
Presiding
officer.
Jackson and state of Illinois, be and are hereby constituted
a body politic and corporate, by the name and style of the
city of Murphysboro, and by that name shall have perpetual
succession and may have and use a common seal, which they
may alter and change at pleasure.
§ 2. All that district of country inclosed within the
following: boundaries, to-wit : being in Jackson county
state of Illinois, one and one-half miles square, the center
ot" the present court house square, being the center of said
city of Murphysboro.
§ 3. Any tract of land adjoining said city, which may
be hereafter laid out into town lots and duly recorded, shall
be annexed to and form a part of the said city of Mur})hys-
boro.
§ 4. ^ The inhabitants of said city by the name and style
aforesaid, shall have power to purchase and hold both real
and personal estate in said city, and to purchase and hold
real property beyond the limits of said city for burial
grounds, for the use of the inhabitants of said city, and to
sell, lease, convey and improve all property belonging to
them, and do all things in relation thereto, as natural
persons.
§ 5. There shall be a city council to consist of a mayor
and board of aldermen.
§ 6. The board of aldermen shall consist of four mem-
bers, to be chosen by the qualified voters of said city, and
shall serve for one year.
§ 7. The mayor shall be chosen by the qualified voters
of said city, and shall hold his office for one year, and until
his successor is elected and qualified.
§ 8. JSFo person shall be a member of the city council
who is not a resident freeholder of said city above the age
of twenty-one years and a citizen of the United States, and
a resident of the state of Illinois and said city, twelve
months next preceding his election.
§ 9.^ Tlie city council shall fill all vacancies which may
occur in said council by appointment.
§ 10. The city council shall be the judge of the quali-
fications, elections and returns of its own "members, and
shall determine all contested elections, and a majority shall
constitute a quorum.
§ II. The city council shall appoint a city clerk, treas-
urer, assessor, collector and street commissioner, who shall
hold their^officcs at the pleasure of the city council.
§ li}. The mayor shall be the chief executive of the
city ; he shall preside at all meetings of the council, pre-
serve order and direct tlid course of business before the
council, and in case of any tie in the vote thereof, shall sive
the casting vote and shall be the head of the police 'and
tire department, and shall appoint all marshals, policemen
and ofiicers of the fire department, and they shall be under
his command.
CITIES. 683
§ 13. The mayor is hereby authorized to call on all the Duties of mayor
male inhabitants of said city, or county of Jackson, to aid
in enforcing the laws of the state or the ordinances of the
city, or in case of rit:)t to call out the militia to suppress the
same ; and any person who shall not obey such call shall
forfeit and pay to said city a tine of five dollars, to be col-
lected as other fines. 'Said mayor shall have power to cause
any of the officers of said city at any time to exhibit all
their official books and papers ; and shall have power to ex-
ecute all duties that may be required ot him by this act or
any ordinance made in pursuance thereof.
§ 14. There shall be a police magistrate elected by the Police magis-
qualitied voters of said city, who shall hold his office for *'"*'®*
four years and until his successor is elected and qualified.
§ is. The mayor and police magistrate shall be com- commissionera.
missioned^ by the Governor of the state, and shall hear
and determine all violations of ordinances, and shall have
concurrent jurisdiction and power with justices of the jurisdiction.
peace of the state of Illinois, to hear and determine all
cases within their jurisdiction ; and changes of venue may change of venu«
be taken from the police magistrate to the mayor, and from
the mayor to the police magistrate ; and appeals may be Appeals.
taken from their decision in the same manner as appeals
are now taken from justices of the peace.
§ 16. The mayor and police magistrate shall each give Bonds.
a bond with security to the city, for the use of the inhabi-
tants of said city, for the sum of one thousand dollars, con-
ditioned for the faithful performance of tiieir duties as such
officers, which bond shall be approved by the city clerk,
and be kept on tile.
§ 17. The treasurer and collector shall give bond and Treasurer and
security to the city council, conditioned for the faithful per- bo'lds!"'^*'
formance of their duties, in such sum as the council may by
ordinance direct, to be approved by the city clerk.
§ 18. The council shall have power to determine and Meetings.
tix the time of its meetings, the rules of its proceedings,
punish its members for disorderly conduct, and, with the
concurrence of two-thirds of its members, expel a member.
A journal of the council's proceedings shall be kept, and journal of pro-
the yeas and nays, when demanded by any member shall be ''«'='^^°ss.
entered on the journal.
§ 19. In case the mayor is unable to attend any meet- Mayor pro tem.
ing of the council on account of sickness or absence, the
council shall appoint one of its members mayor jpro tera.^
who shall have the same power as the mayor, as far as re-
lates to the ordinances and proceedings of said council.
§ 20. The clerk shall keep the corporate seal and all the duties of clerk,
books and papers belonging to the town. He shall attend
all the meetings of the council, and keep a full record
of its proceedings. Copies of all papers and ordinances
tiled in his office, and transcripts from the journal of the
684:
Duties of the
treasurer.
proceedings of the council, certified by him as clerk, shall be
evidence in all courts and places without further proof
thereof, and in like manner as it the originals were pro-
duced. The clerk shall draw all warrants on the treasury,
as provided by ordinance, and keep an accurate account
thereof in a book provided for that purpose. He shall keep
an accurate account of all receipts and expenditures in such
manner as the board may direct, lie shall have power
to administer any oath required to be taken by this act,
§ 21, The treasurer shall receive all moneys belonging
to the city, and shall keep an accurate account of all receipts
and expenditures, in such manner as the council may di-
rect. All moneys shall be drawn from the city treasury in
pursuance of an order of the council, by treasury warrant,
signed by the clerk and countersigned by the mayor; and
such warrant shall specify for what purpose the amount
therein named is to be paid.
jiiiiiibit of the § 22. The treasurer shall exhibit to the council, as often
books, papers, ^^g ^^^^ ^-^^y require, a full and detailed account of all re-
ceipts and expenditures, the state of the treasury, and the
state of each special fund therein, which account shall be
tiled in the office of the clerk ; and on retiring from his of-
fice, the treasurer shall deposit his account books in the of-
fice of the clerk where they shall be kept as public records
of the city.
§ 23. The city assessor shall perform all duties in rela-
tion to the assessing of property, for the purpose of levying
taxes imposed by the city council for municipal purposes.
In the performance of his duties, he shall have the same
powers as are or may hereafter be given by law to county and
town assessors, and shall be subject to like restrictions and
liabilities.
§ 2'1:. The city collector shall collect all taxes imd assess-
ments which may be levied by the city council, and perform
such other duties as may be prescribed by ordinance.
§ 25. All ofiicers of the city, before entering upon the
duties of their offices, shall take an oath to support the con-
stitution of the United States and of the state of Illinois,
and to diligently keep and enforce all ordinances of the city.
§ 26. The city council shall have power from time to
time, by ordinance, to fix the compensation, prescribe the
duties of, and to require further and other duties of all of-
ficers elected or appointed under this act.
§ 27. The city council shall have power to appoint from
time to time such police force as may be necessary tor the
enforcement of the laws and ordinances of the city ; and
all policemen aj^pointed shall give bond to the city, for the
use of the inabitants thereof, in such sum as the city council
may recpiire, which bond shall be approved by the mayor,
and filed in the office of the city clerk. Policemen ap-
pointed and qualified as aforesaid shall perform all such
Duties of
assessor.
Compensation
of officers.
CITIES. 685
duties as may be provided by ordinance ; and they shall
possess the same powers and perform the same duties with-
in the limits of the city as constables in the ditferent coun-
ties possess, and may serve any process issued under and
by virtue of this act, or the ordinances and by laws of said
city, at any place within the county of Jackson.
§ 28. There shall be a city attorney elected by the Attorney.;
quaiitied voters of the city, who shall hold his office for one
year, and whose duties and compensation shall be prescrib-
ed by ordinance.
§ 29. The inhabitants of said city, by the name and corporate pow-
styie of " The city of Murphysboro," shall have power to ^''®-
sue and be sued, to implead and be impleaded, to defend
and be defended, in all courts of law and equity, and in all
actions whatever; and prosecutions and suits at law shall
be commenced and prosecuted in the name of the city of
Murphysboro, for the use of the inhabitants thereof.
§ 30. All suits for the recovery of any penalty or for- suits at law.
feiture under this act or the ordinances of the city, where
the amount in controversy does not exceed one hundred dol-
lars, may be brought before the mayor or police magistrate
of said city, or before any justice of the peace of the county,
§ 31. In all prosecutions or suits brought by the city Exemption
for the violation of any ordinance or police regulation, the ^^'°™^^®»-
said city shall be exempt from all court fees to the same
extent as the state is by the laws thereof in criminal prose-
cutions.
§ 32. All white male irdiabitants of the age of twenty- (Qualified voters
one years, being freeholders, and residents within the city,
and all white male persons, citizens of the United States,
ot the age of twenty-one years, and who shall have been
actual residents of said city for ninety days next precedinp-
any election, shall be entitled to vote for city officers : Pro- Proviso.
vided^ that in case of the division of the city into two or
more wards, as hereinafter provided, all voters possessing
tne aforesaid qualitications shall give their votes for city of-
hcers in the ward in which they respectively reside, and in
no other, and that no vote shall be received at any of said
elections unless the person ofl'ering said vote shall have
been an actual resident of the ward where the same is of-
fered, for at least ten days next preceding such election.
§ 33. The first election for city officers shall be held at Election.
the court house in said city, on the second Monday in
March, 1867. The clerk of the present board of trustees
of the town of Murphysboro shall advertise said election by Place of,
publishing notice of the same in some newspaper printed
in said city, or by posting up written or printed notices of
the same, in four of the most public places in said city, at
least ten days previous to the time for holding the same.
Two or more of the trustees of the present town of Mur- Manner of
physboro shall preside as judges of said election, who shall ^°'<i'°g-
686 CITIES.
appoint two suitable persons to act as clerks of the same.
Said judges and clerks shall certify and return the result of
said election in duplicate, one copy of which they shall tile
in the uliice of the county clerk of Jackson county, and the
other of which they shall deliver to the mayor, upon his quali-
fying, to be filed in the office of the city clerk. They shall
also give notice, without delay, to each person elected to
any city office.
Time of.] I 34. On the second Monday in March, 186iS, and on
the same day annually thereafter, elections shall be held to
till the elective offices provided for by, or such as may here-
afterbe created under the provisions of this act. Such
election shall be held at such place or places in the city,
and in such manner as shall be provided by ordinance of
the city council.
Wards, _ § 35. The city council shall have power to divide the
city, by ordinance, into two or more wards, and tix and
establish the boundaries of the same ; to alter and change
the boundaries of wards whenever the convenience of the
citizens or interest of the city may require, makino- said
wards as nearly equal in population as practicable; and the
said city council shall have power, upon a division of the
city into wards or at any time thereafter, to increase the
representation in the city council, and each ward, upon a
division of the city, shall be entitled to equal representation,
and shall elect its own aldermen to represent it in the city
council. "^
Paupers. § 36. The city of Murphysboro shall be and is hereby
charged with the support and maintenance of its paui)er8
and all expenses necessarily attending the same ; and when
any question shall arise between said city and the county
of Jackson or any other county relative' to the liability to
keep and maintain any pauper or indigent person, such
question shall be determined in the manner now provided
by law for the determination of such questions between
^llfo'nf^''^'" counties in this state. The city council shall make and pre-
scribe, by ordinance, such rates and regulations as may be
necessary to carry into effect the foregoing provisions -and
the proceeds of all liquor and other licenses, for the t^rant-
ing of which power is vested in the city council, shall be
paid into the city treasury, and the fund thereby created
shall be under the absolute control of the city council,
street labor. § 37. All male inhabitants of said city 'over the ao-e of
twenty-one years, may be required to labor on the streets
lands, avenues and alleys, not exceeding three days in
each and every year, under such penalty as may be pre-
scribed by ordinance, and the said inhabitants sliall be ex-*
empt from working on or paying any tax for any road
beyond the hunts of the city.
School districts. § 38. The territory enibraced within the city limits
shall be separate and apart from all other territory for
CITIES. 6S7
school purposes, and the city council shall have power to
divide the same into two or more school districts, and in all
other respects schools shall be conducted in accordance
with the general law of the state.
§ 39. In addition to the powers hereinbefore mentioned,
the city conned shall have power, by ordinance —
I^irst. — To levy and collect, annually, taxes, not exceed- Taxes,
ing live mills to the dollar on the assessed value of all real
and personal estate and property within the city, made
taxable by the laws of the state ; and, in its manner pro-
vide for the levy of assessments and collection of city taxes
and assessments not inconsistent with the constitution of
the state, and to alter and change any such provisions as it
may, from time to time deem proper ; to prescribe the form
ot the assessment lists, and to make such regulations in re-
lation to revising, altering or adding thereto, as it may
deem right and proper ; all taxes and assessments, general
and special, levied or accrued, under this act or any ordinance
in pursuance hereof, shall be a lien on the real estate upon
which the same may be imposed, levied or assessed, for
two years from and after the assessment thereof, and on
personal property from and after the delivery of the war-
rant of collection until paid.
Second. — To make any and all regulations necessary to General health,
secure, protect, preserve and restore the general health and
to prevent the introduction of contagious diseases in the
city ; to make quarantine laws for that purpose and to en-
force the same.
Third.— To appropriate and to provide for the debts and Debts.
expenses of the city.
Fourth. — To declare what shall be a nuisance, and to Nuisances,
prevent, abate and remove the same.
Fifth. — To provide the city with water, for the extin- Water,
guishment of fi re and convenience of the inhabitants, in
such manner as they may deem best.
Sixth. — To open, alter or abolisii, widen, extend or estab- street improve-
lish, grade, pave or otherwise improve and keep in repair, ^^^ ^'
streets, avenues, lanes and alleys ; to make, establish, build
and contract sewers and to carry out a system of sewerage
to drain the city , and to take private property for any of private proper-
said purposes, lirst making provision for ascertaining and ty'^^^^n.
payment of adequate and just compensation for all dama-
ges to the owner of such property in such manner as the
city council, by ordinance, may provide ; and to require
the owners of all lots or pieces of land to lay a good and
substantial sidewalk along any street or alley passing such sidewalks.
lot or ground, in such manner as the board may provide.
The expense of any improvement mentioned in the sixth Expenses
division of this section, except sidewalks, shall be levied
and assessed upon the real estate adjoining or benefited Benefits
thereby, with the cost of proceeding therein, in proportion,
688
Costs and
charges.
Regulation for
ent'oremg re-
pairs, etc.
Markets.
Needful build-
Merchants i
tailors, etc.
Vehicles.
Porters,
Exhibitions.
Disorderly
tiouses.
Liquor traffic.
Fire depart-
ment.
Riots and dis-
as nearly as may be, to the benefits resulting thereto, and
shall be collected as in other cases. All owners or occu-
pants, in front or upon whose premises the city council
shall order and direct sidewalks or private drains communi-
cating with any main drain, to be constructed, repaired,
relaid or cleansed, shall make, relay or cleanse such side-
walk or drains, at their own costs and charges, in the
manner and within the time prescribed by ordinance or
otherwise, and if not done in the manner and within the
time prescribed, the city council may cause the same to be
constructed, repaired, relaid or cleansed, and assess the
expenses thereof, by an order to be entered in their pro-
ceedings, upon such lots, respectively, and collect the same
as in other cases. The city council may provide, by ordi-
nance, that suits may be instituted, in any court having
jurisdiciion, against the respective owners of any real estate
for the recovery of the amount of the expenses and the cost
of any special tax or assessment authorized by the sixth
division of this section, and it then may be optional with
the city council which remedy shall be pursued.
Seventh. — The city council shall make all necessary regu-
lations in reference to keeping in repair all streets and al-
leys in said city, and to prohibit obstructions and nuisances
from being placed therein.
Eighth. — To establish markets and market places and
to provide for the regulation and government thereof.
Ninth. — To provide tor the erection of all needful build-
ings for the use of the city ; to secure, tax and regulate
auctions, merchants, tailors, groceries, taverns, hawkers,
peddlers, brokers, pawn brokers and money changers,
hacking carriages, wagons, carts and drays, and to fix tlie
rates to be charged for the conveyance of persons and for
wagonage, cartage and drayage of property.
Tenth. — To license and regulate porters, and fix the rates
of porterage.
Eleventh. — To license, tax and regulate theatrical and
other exhibitions, shows and amusements.
Twelfth. — To tax, restrain, prohibit and suppress tippling
houses and dram shops ; to prohibit and sup])ress gaining,
gambling, gaij^ing houses, bawdy houses and all disorderly
houses.
Thirteenth.— Hio license or entirely prohibit the sale of
spirituous, vinous, mixed, malt or fermented liquors within
the limits of the city, by any person or persons.
Eourteenth. — To provide for the prevention and extin-
guish',nent of fires ; to organize, establish and support fire
companies.
Eifteenth. — To provide for the prevention and suppres-
sion of riots, unlawful assemblies and any disturbance of
the public peace, and punish, by fine, all persons guilty
thereof.
CITIES. 689
Sixteenth. — To regulate the storage of gunpowder, tar, storage of com-
pitch, rosin and other combustible materials ; to compel the ^'^^''''•®*-
owner or occupant of any grocery, cellar, soap or tallow
chandler, blacksniirh, tannery, stable, slaughter house, dis-
tillery, brewery, sewer, privy or other unwholesome or offensive esUb-
nauseous house or place, to cleanse, remove or abate the 'is^raenta.
same, as may be necessary for the health, comfort and con-
venience of the inhabitants affected thereby.
/Seventeenth. — To erect and keep in repair all bridges Bridges,
within the limits of said city, except the county bridge
across Big Muddy river.
Eighteenth. — To regulate the coaduct of persons pres- conduct of par-
ent at any tire in said city, and to provide for the pun- ^^^i^ a* si'es.
ishing of any person for disobeying such regulations.
Nineteenth. — To regulate, establish and order party Waiisand
walls and partition fences. fences.
Twentieth. — To regulate the fees of jurors, witnesses and Fees of jurors,
others for services rendered under this actor any ordinance;
to prohibit horse racing and immoderate riding or driving Riding and
in the streets ; to prohibit and punish the abuse of animals ; *^"''^'°s.
to restrain and punish vagrants and street beggars ; to es- vagrants.
tablish and regulate public pounds; to prohibit and restrain Pounds.
the running at large of horses, mules, cattle, sheep, swine Animals at large
and goats, and to authorize the distraining and impounding
and sale of the same for the costs of the proceedings and
penalty incurred ; to tax, regulate, restrain and prohibit the
running at large of dogs and to authorize their destruction, Dogs,
when at large contrary to ordinance; to provide for the
safety and convenience of the inhabitants and other persons
of the city, by prohibiting all acts, sports or amusements in sports.
the streets or public places of the town, of a dangerous char-
acter ; to provide for the punishment of offenders by im- Punishment of
prisonment in the county jail, and by requiring them to °ff®'^'*®"-
work on the streets ot said city, in all cases where such
offenders shall fail or refuse to pay any line or forfeiture
recovered against them.
Twenty-first. — To regulate the police of the city ; to im- Pouce.
pose fine?, forfeitures and penalties for the breach of any
ordinances, and provide for the recovery and appropriation
of such lines and forleitures, and the enforcement of such
penalties.
Twenty-second. — To license, regulate and suppress and Biiiiards and
restrain billiard tables, and from one to twenty pin alleys; ^^^ ^'°*'
to audit all accounts and claims against the city, and to re- ciaims and ac-
quire the auditor or claimant to verify his account or claim ''°""'^^-
by his own oath or the oath of some other person.
T to entu -third. — To make all ordinances which shall in Necessary ordi.
1 T ,. ... nances.
any wise be necessary and proper tor carrying into execu-
tion the powers specitied in this act, and to perform and en-
force penalties for the violation thereof, so that such ordi-
Yol. 1—61
690 CITIES.
nance be not repugnant to or inconsistent with the consti-
tution of the United States or of this state.
style of ordi- Twenty -fouvth. — The style of the ordinances shall be —
nances. ^ -g^ -j. Qj.^j^^jjjg^j {^y j^j^g gjfy couucil of the citj of Muvpliys-
boro," and all ordinances passed by the board shall, within
Publication of ouc mouth after they shall have been passed, be published
ordinances. \^ some newspaper published in the town, if there be any ;
if not, by written c'opies being posted up in three several
public places in said town.
Twenty fifth. — All ordinances of the city may be proven
by a copy thereof certified by the clerk and the corporate
seal of the city attached, if there be one, and when printed
or published in book or pamphlet form by authority of the
corporation, the same shall be received in evidence in all
courts and places without farther proof.
Liabilities and Twenty -sixth. — The mayor and board of aldermen, or
^c°rt"^^ °* ''^" ^^y other officer of the city, shall be liable to indictment
in any court of record in the county of Jackson, for receiving
a bribe for the exercise of any oliicial power, for palpable
omission of duty, willful aggression or malconduct in the
discharge of the duties of his office, and upon conviction
shall be subject to a fine not exceeding one hundred dol-
lars, and the court sh^U have power, upon the recommen-
dation of the jury, to add as a part of the judgment that he
be removed from office.
Fines and pen- Twenty-seventh. — All actions, rights, fines penalties and
auies. forfeitures in suits or otherwise, which may occur under
this act, shall be vested in and prosecuted by the corpora-
tion hereby created.
Term of office. Twenty-elgJith. — All officers elected under and by virtue
of thifi act shall hold, exercise and retain their several of-
fices until their successors shall be duly elected and quali-
fied.
Conservators of Twenty-ninth. — All officers of the city, mayor and alder-
their^dutfes*"*^ '^^^ included, are hereby created conservators of the peace
by this act, and shall have power to arrest or cause to be
arrested, with or without process, all persons who shall
break or threaten to break the peace, and, if necessary, de-
tain such person or persons in custody over night in the
county jail, or other safe place ; and shall have and exer-
cise such other powers as conservators of the peace as the
council may prescribe.
Thirtieth. — This act shall take eff"ect and be in force
from and after its passage, and shall be a public act.
Approved March 5, 1867.
CITIES. 691
AN ACT to amend an act entitled " An act to charter the city of Ottawa," In {<";°« ^^y
approved February 10, 1853.
CHAPTER i.
Section 1. Be it enacted hy the People of the State of
lUinois, represented in the General Assembly^ That the
city council of the city of Ottawa shall have power from
time to time to cause sidewalks to be constructed, laid, re-
laid, cleansed and repaired.
§ 2. Whenever any application shall be made to the
city council for the construction, reconstruction or repair-
ing of any sidewalks in said city, the city council shall re-
fer such application either to the street and alley commit-
tee of said council, or to a special c >mmittee of three, to be
chosen by said city council from the members thereof.
Said committee shall view the premises where said side-
walk is proposed to be constructed, reconstructed or repair-
ed, and if they determine that such improvement is neces-
sary and proper, they shall report the same in writing to the
city council. If they do not approve ot such application,
they shall report their reasons for such disapproval, and
the city council may, in either case, if they see fit, order
the construction, reconstruction or repairing (as the case
may be) of such sidewalk.
§ 3. The city council shall, if they order the construction,
reconstruction or repairing of any sidewalk, provide in said
order that the lot owners fronting and abutting upon said
sidewalk shall have thirty days from and after a given day
to be named in such order, (such day not to be less than ten
days after the publication of such ordei",) in which to build
such sidewalk in front of their respective lots. Such order
may be substantially in the following form :
It is hereby ordered by the city council of the city of Ot-
tawa, that a sidewalk be constructed, or reconstructed, or
repaired, (as the case may be,) on the side of
street, in front of (here describe the lots, lands or blocks,)
in accordance with the grade heretofore established for
such sidewalk, and in accordance of the ordinances of said
city respecting sidewalks. And it is hereby further order-
ed,that the owners of the lots fronting upon said sidewalk
be required to construct, reconstruct or repair, (as the case
may be,) the sidewalk fronting upon their respective lots
or parts of lots in accordance with this order, within
thirty days from and after the day of , a. d.
; and that on failure of any or all of said lot own-
ers to construct, reconstruct or repair the same within
thirty days, the city council will cause the same to be
constructed, reconstructed or repaired, (as the case may
be,) and will levy a special assessment on the real estate
5, 1867.
692 citiEft. '
deemed benefited thereby, to defray the expenses of said
improvement and the cost of the proceedings therein,
§ 4. The city clerk shall cause such order to be publish-
ed in the corporation newspaper, which said publication of
said order shall be deemed a sufficient notice to the owners
of lots fronting on said sidewalks to comply with said order.
§ 5. If at the expiration of said thirty days, any part of
eaid sidewalk shall not have been constructed, reconstruct-
ed or repaired, (as the case may be,) the city council shall
cause the expenses of constructing the same to be estimated,
and shall assess the sum so estimated upon the real estate
in the division of the city beceiited thereby, to defray the
expense of such improvement. The cost of the proceed-
ings in making such assessment shall be included in such
assessment.
§ 6". Such assessment shall be made and collected in the
same mfmner as now provided in chapter eight of the act
to which this is an amendment, and the laws of this state
for making assessments to defray the expenses of other im-
provements mentioned in said chapter eight.
§ 7. After such assessment has been made, and con-
firmed by said city council, said city council shall cause
such sidewalk to be constructed, reconstructed or repaired,
(as the case may be,) and pay the same from the proceeds
of such assessment, when collected.
§ 8. The cit>'^ council are hereby authorized and em-
powered to pass all ordinances, resolutions and orders ne-
cessary to carry this act into effect.
§ 9. All acts in relation to the construction of sidewalks
in the city of Ottawa, inconsistent with this act, are hereby
repealed,
CHAPTER II.
§ 1. When the bonds now held against the city of Ot-
tawa shall become due, the city council of said city are
hereby authorized to cause other bonds, for the same sum
or sums, and on the same terms, and for such time as the
city council may deem proper to be issued, and delivered
to the holders of said bonds in lieu of the bonds now held
against said city. And the city council are hereby author-
ised, in addition to the taxes now authorized to be levied
and collected by said city, to levy and collect in the same
manner, and at the same time other city taxes are levied
and collected, a tax not exceeding two mills on each dol-
lar of the assessed value of the real and personal proper-
ly in said city. Said tax, when collected, to be paid to the
city treasurer, and by him to be kept as a separate fund, to
pay off the bunds so held against said city. Said separate
fund may be invested in bonds of the United States or of
this state.
Approved March 5, 1867.
CITIES. 693
AN ACT to amend the charter the city of Rock Island. In force March
3, 1867.
Section 1, Be it enacted by the People of the State of
Illinois^ represented in tke General Assennbly^ That the Vacation of
City council of the city ot Rock Ishind shall have power to ^"^""^
locate and designate the boundaries of grounds for;,depot Est^ibiish addi-
aud other railroa(i purposes within said city, and on the pe- t'""^*' "lepots.
tition ot any railroad company, whose road runs into said
city, to vacate in whole or in part any depot grounds estab-
lished therein ; and also to locate and establish for said
company new or additional depot grounds as the wants of
said company may seem to require ; and said city council
shall also have power by ordinance to provide for the vaca- •
tion of such streets, alleys, public grounds, or parts thereof,
as may be within the boundaries aforesaid, and as in the
judgment of said council may be necessary and p^-oper for
the depot and other railroad purposes aforesaid : Provided,
howtver, that such vacation shall only take effect when the
railroad company for which such location may be made
shall have acquired title to all the private property within
the boundaries aforesaid, and obtained the consent of the
proprietor of all the lands and lots (if any such there are,)
abutting on the part or parts of any street, alley or public
ground to be so vacated ; and when said location shall be
made as aforesaid, the railroad company for whose use said
depot grounds shall be located as aforesaid, shall have the
right by purchase or by condemnation, under the provisions Railroad rights
of its charter, or in the manner and upon the principles pro- t)y Purchase.
vided in "An act to amend the law condemning the right
of way for purposes of internal improvement," appnjved
June 22, 1855, to acquire title to all the private property
wnthin the boundaries designated by said city council as
aforesaid.
§ 2. This act shall be deemed a pubhc act, and shall
take effect from and after its passage.
AX ACT to amend an act entitled "An act to charter the city of La Salle," In force March
approved June 23, 1852, and an act amendatory thereof, approved Feb ^' ^^'''^•
18, 1857.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assernbly^ That the Boundaries
boundaries of the city of La Salle,. be and the same are ''*''''°^^'*'
hereby so changed and established as to include within
their limits, all the lands or district of country described as
follows, and no more, to wit : all of section number fifteen
^^* CITIES.
(15,) in township number thirty-tliree (33,) north of range
number one (I,) east of the third principal meridian, in the
county ot La Salle, also all that portion of the south half of
section number fou.teen (14,) in same township and rano-e
which lies north of the suuth bank or tow path of the
Illinois and Michigan canal ; also all those portions of the
northwest quarter of said section fourteen (14,) and of the
southwest quarter of section number eleven (11,) in same
township and range which lie west of the bed of the Little
Vermihon river, also the south half of section number ten
(iO,)in the same township and range, and the southeast
quarter ot the southwest quarter of the northeast, quarter of
said section number ten (10).
^rn'rsuf. . § ^;. J ^i^^^^^ef ion of a change of the boundaries of said
mitted to a City ot La fealle shall be submitted to a vote of the qualified
electors ot said city at the next municipal election in said
city tor the mayor thereof; the ballots cast at said election
to have written or printed thereon the words "for change
ot boundaries"^ or the words "against change of boundarief "
and It a majority of the ballots cast at said election shall
have written or printed thereon, the words "against change
ot boundaries," then the boundaries of said city shall remain
unchanged ; otherwise, said boundaries shall be changed
and established in accordance with the provisions of this
act.
"re^SSf "■'' J ^' ^li acts or parts of acts in conflict with the provi-
sions ot this act, are hereby repealed.
§ 4. This act shall take etlect and be in force from and
alter its passage.
Appkoved J\Iarch 5, 1867.
lorce March ^N ACT supplemental to an act entitled "An act to deduce the charter of
6, 1S67. the city of Cairo, and the several acts amendatory thereof, into one act
and to revise the same." ' " -"^ '^'^^
In force March
and to revise the same."
Section 1.
Section 1. J3e it enacted hy the People of the State of
lilmots, represented tn the General Assembly, That noth
c^onstruction of i,g in the act to which this is a supplement contained, shali
be so construed as to invalidate any notice heretofore o-iven
by the city ot Cairo, to the owners of property situated
therein, reguiring the construction of sidewalks or the
filling and grading of streets, fronting or bounding upon said
property. ° ^
'itor^oVd, ^ ^- .^^''^\ t^^t '*"*T''^ T}^'^ aggregate of all sums
barrowed and outstanding shall never exceed the interest
fund created by said act : Provided, this restriction shall
695
not apply to nor invalidate the issue of bonds to railroad
companies under the general laws of this state.
§ 3, This act shall be deemed- a public act, and be in
force from and after its passage.
AN ACT to amend the charter of the city of Sterling. in force when
adopt vi ty the
legal voters.
Section!. Be it enacted ly the People of the State of
JUi7iois, represented in the General Assembly, That the Act approved
act entitled, "An act to charter the city of Sterling," i857ramJnded,
approved February 16, 1857, and the several acts amenda-
tory thereof, be and the same are hereby amended and
reduced into one act, so as to read as follows :
ARTICLE I.
OF BOUNDARIES AND GENERAL POWERS.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
inhabitants of that part of the town of Sterling, hereinafter
described,in the county of "Whiteside, in the state of Illinois,
be and they are hereby constituted a body politic and corpo-
rate, by the name and style of the "City of Sterling," and Name and style
by that name shall have perpetual succession, and may have
and use a common seal, which they may change and alter seai.
at pleasure.
§ 2. All that district of country embraced in the platted Boundaries,
town of Sterling, in said county, including the several addi-
tions thereto, as now platted and recorded in the office of
the recorder of said county, and also including all that part of
the southwest quarter of section twenty-two, in township twen-
ty-one, range seven east of the fourth principal meridian,
lying west of Broadway, in said town of Sterling, and north
of the. track as at present located, of the Chicago and
l^forthwestern Eailway company, and their right of way
is hereby declared to be within the boundaries of the said
.city of Sterling.
§ 3. Whenever any tract of land adjoining the said city Additions.
of Sterling, shall be laid oif into town lots, platted and
duly recorded, as now required by law, the same shall be
thereby annexed to and form a part of said city of Sterling,
§ 4. The inhabitants of said city, by the name and corporate pow-
style aforesaid, shall have power to sue and be sued, to plead *""
and to be impleaded, defend and be defended, in all courc:, u£
law or equity, and in all actions whatever; to purchase
receive and hold property, real and personal, in said city ;
696
CITIES.
to purchase, receive and hold property, both real and personal,
beyond the city, fur bnrial (grounds or for other public pur-
poses, for the use of the inhabirants of said city; to sell,
lease, convey or dispose of property, real and personal, for
the benelit of the city, and to improve and protect such
property, and to do all other things in relation thereto, as
natural persons.
ARTICLE II
OF THE CITY COnNCIL.
Council.
Aldermen.
Qualified mem-
Vacation of of-
fice.
Division and
classification
of.
Election
returns.
Quorum.
Rules of pro-
ceedings.
Not to be ap-
pointed to oth-
er attiees.
§ 1. There shall be a city council, to consist of a mayor
and board of aldermen.
§ 2. The board of aldermen shall consist of two mem-
bers from each ward, to be chosen by the qualified voters
thereof, for two years and until others shall be duly elected
and qualilied.
§ 3. No person shall be alderman unless at the time
of his election he shall have resided six months within the
city limits, and shall beat the time of his election, a resident
of the ward for which he may be elected, and of the age of
twenty-one years, and a citizen of the United States.
§ 4. If any alderman shall, after his election, remove
from the ward for which he was elected, his otiice shall
thereby be vacated,
§ 5. At the first meeting of the city council, the alder-
men shall be divided, by lot, into two classes, the seats of
those of the first class, sliall be vacated at the expiration of
the first year, and of the second class, at the expiration of
the second year, so that one alderman shall be elected from
each ward annually.
§ 6 The city council shall jndge of the qualifications,
elections and returns of their own members, and shall
determine all contested elections.
§ 7. A majority (?f the board of aldermen shall consti-
tute a quorum to do business, but a smaller number may
adjourn from day to day and compel the attendance of ab-
sent members, under such penaUies as may be prescribed
by ordinance.
§ 8. The city council shall have power to determine the
rules of its proceedings, punish its members for disorderly
conduct, and, with the concurrence of two-thirds of the^
members elected, expel a member.
§ 9. The city council shall keep a journal of its pro-
ceedings, and, from time to time, publish the same in some
newspaper published in said city, to be designated by reso-
lution of the city council as the cor|.)oration newspaper; and
the yeas and nays, when demanded by any member present,
shall be entered on the journal of proceedings,
§ 10, No alderman shall be appointed to any office un-
der the authority of the city which shall have been created
CITIES. 697
or the emoluments of which shall have been increased
during the time for which he shall have been elected.
§ 11. All vacancies that shall occur in the board of al- vacancies,
dermeu shall be filled by election.
§ 12. The mayor and each alderman, before entering oath of office,
upon the duties of their respective offices, shall take and
subscribe an oath or make affirmation that they will support
the constitution of the United States and of this state, and
that they will well and truly perform the duties of their of-
fice to the best of their skill and abilities.
§13." Whenever there shall be a tie in the . election of Ties,
aldermen the judges of the election sjiall certify the same
to the common council, who shall determine the same, by
lot, in such manner as shall be provided by ordinances.
§ 14. There shall be twelve stated meetings of the city stated meetinga.
council in each year at such times and places as may be
prescribed by ordinance.
ARTICLE III.
OF THE CHIEF EXECUTIVE OFFICE.
§ 1. The chief executive officer of the city shall be a Mayor,
mayor, who shall be elected by the qualified voters of the
city, and shall hold his office for one year and until his suc-
cessor shall be elected and qualified.
§ 2. No person shall be eligible to the office of mayor Eligibility.
who shall not have been a resident of the city tor one year
next preceding his election, or who shall be under twenty-
one years of age, or who shall not at the time of his election
be a citizen of the United States.
§ 3. If any mayor shall, during the time for which he \**'*"°'' "^ "'■
shall have been elected, remove from the city or shall be
absent from the city for the space of six months, his office
shall thereby be vacated.
§ 4. When two or more persons shall have an equal Ties.
number of votes for mayor, the city council shall procoed
to choose the mayor, by lot, in such manner as may be pro-
vided by ordinance,
§ 5. Whenever any vacancy shall happen in the office vacancy,
of mayor it shall be filled by election.
ARTICLE IV.
OF ELECTIONS.
§ 1. On the first Monday of April, a. d. 1857, an elec- ^J^^^'°° °^°®-
tion shall be held in each ward of said city for one mayor
of said city, one marshal, one police ju-tice, one treanurer,
one street commissioner, for said city, and two aldermen for
each ward ; aud forever thereafter, on the first Monday of
April in each year, there shall be an election held in each
ward of said city for one mayor of said city, one marshal,
Yol. 1-62
698 CITIES.
one treasurer, and one alderman of each ward, and, on the
first Monday of April of every fourth year, there shall be
an election for one police justice fur said city; and the
several persons so elected shall hold their several offices un-
til their successors are elected and qualified, as herein pro-
vided.
Manner of con- g 2. The time and manner of opening, conducting and
ducting. closing said elecdons, and the several liabilities appertaining
to ihe judges and clerks, and to the voters, separately and
collectively, shall be the same as prescribed by the general
election laws of this state, so far as applicable, subject to the
provisions of this act.
Returns of. ^ 3. As soou as practicable after the said election shall
have been closed the said clerks of the election shall return
their respective poll books, under seal, to the office of the
clerk of said city, whereupon the said common council shall
Canvassing the procccd to cauvass Said votes and certify the election of the
vote. several persons receiving the highest number of votes for
the respective offices hereinbefore named and provided fur.
The clerk of said city shall, immediately thereafter, certify
to the county clerk of the said county of Whiteside the elec-
tion of mayor and police justice. The county clerk of said
county shall, thereupon, certify the election of the said
mayor and of the said police justice to the governor of this
state, in the same manner as now directed to be done for
other justices of the peace elected for the county.
ARTICLE V.
OF THE LEGISLATIVE POWERS OF THE CITY COUNCIL.
Taxes. § !• The city council shall have power and authority to
levy and collect taxes for city purposes upon all property,
real and personal, witliin the limits of the city, not exceed-
ing one per cent, per annum upon the assessed value there-
of, and may enforce the payment of the same in any man-
ner to be pi escribed by ordinance, not repugnant to the
constitution of the United iStates or of this state. JSaid city
council may, however, levy and collect a tax fur city pur-
poses greater than one per cent. : Provided, that the same
be done with the consent of a majority ot the legal voters
of said city voting at a general or special election ordered
for such purpose.
Appointment of )^ ^. The city couucil shall have power to appoint a clerk,
otticeis. attorney, one street cummissioncr, and all such other officers
as may be necessary, and for the election of which no pro-
vision is made by tliis act, who shall hold their offices for
such time and upon such conditions as said city council
shall designate by ordinance : Provided, that no such ap-
pointment shall be good for longer period than one year :
And, provided further, that the term of office of any per-
son so appointed shall in ail cases cease on the lirst day of
CITIES 699
May succeeding his appointment, or until his successor is
appointed.
§ 3. The city council shall have power to require of all Bonds,
officers appointed in pursuance of this charter to give bonds,
with penalty and security, for the faithful performance of
their respective duties, in such sums as may be deemed ex-
pedient, and also, to require all officers of said city to take
an oath or make affirmation for the faithful performance of Oath cf office,
the duties of their respective offices before entering upon
the discharge of the same ; to borrow money on the credit
of the city, and issue bonds therefor: Provided^ that no Proviso,
sum or sums of money shall be borrowed at a greater inter-
est or discount than ten per cent, per annum ; nor shall the
interest on the aggregate of all the sums borrowed and out-
standing ever exceed one-half of the city revenue arising
from taxes assessed on real and personal property within
the limits of the city.
§ 4. To appropriate money provided for the payment of Appropriations.
the debts and expenses of the city.
§ 5. To make regulations to prevent the introduction of contagious dis-
contagious diseases into the city, and to enforce the same
within three miles of the city.
§ 6. To establish hospitals and make regulations for the Hospitals,
government of the same,
§ 7. To make regulations to secure the general health General health,
of the inhabitants, to declare what shall be a nuisance, and i^uisances.
to prevent and remove the same,
§ 8. To provide the city with water, to erect hydrants
and pumps in the streets, for the cjnveuience of the in-
habitants.
S 9. To open, alter and abolish, widen, extend, establish, improve streets
" , ^ , . , ' . . T , . ' and alleys.
grade, pave, macadamize, or otherwise improve and keep in
repair streets, avenues, lanes and alleys, sidewalks, drains
and sewers.
§ 10. To establish, erect and repair bridges.
§ 11. To divide the city into wards, alter the boundaries
thereof, and erect additional wards, as the occasion may re-
quire.
§ 12. To provide for lighting the streets and erecting Lights and
lamp posts. '^^'^^'■
^§ 13. To establish, support and regulate night watches. Night watches.
§ 14. To erect market houses, establish markets and Markets.
market places, and provide for the government and regula-
tion thereof.
§ 15. To provide for the erection of all needful buildings Buildings.
for the use of the city.
§ 16. To provide for inclosing, improving and regula- PubUe grounds,
ting all public grounds belonging to the city.
§ IT. To license, tax and regulate auctioneers, mer- *^^gj''\'*tg*' p**'
chants, retailers, hawkers, peddlers, pawnbrokers and hotel
keepers.
TOO
Porters.
Exhibitions.
Tippling houses
Gaming houses.
Fire depart-
ment.
Wooden build-
ings.
Chimneys and
flues.
Combustibles.
Walls and fen-
ces.
Weights and
measures.
Forage and fuel.
Provisions.
Bread.
Bricks.
Census.
Elections.
§ 18. To license, tax and regulate hackney carriages,
wagons, carts and drays, and lix the rate to be charged for
the carry age, and for the wagonagc, cartage or dray age of
property,
§ 19. To license and regulate porters, and fix the rate of
porterage.
§ 20. To license, tax and regulate theatrical and other
exhibitions, shows and amusements.
§ 21. To restrain, prohibit and suppress tippling houses,
dram shops, and the vending of spirituous, vinous and malt
liquors.
§ 22. To prohibit and suppress gaming, bawdy and dis-
orderly houses.
§ 28. To provide for the extinguishment of fires ; to
organize and establish a tire department, with the necessary
officers, and to organize and equip fire companies.
§ 24. To regulate or prohibit the erection of wooden
buildings in any part of the city.
§ 25. To regulate the fixing of chimneys, and to fix
chimney flues.
§ 26. To regulate the storage of gunpowder, tar, pitch,
rosin and other combustible materials.
§ 27. To regulate and order parapet walls and partition
fences.
§ 28. To establish standard weights and measures, and
regulate the weights and measures to be used in the city in
all cases not otherwise provided for by law.
§ 29. To provide for the inspection of lumber and other
building materials, and for the measurement of all mechani-
cal work.
§ 30. To provide for the inspection and weighing of hay
and stone coal, the measuring of charcoal, fire wood and
other fuel, to be used and sold in the city.
§ 31. To regulate the inspection of beef, pork, flour,
meal and grain.
§ 32. To regulate the inspection of butter, lard, cheese,
and other provisions.
§ 33. To regulate the weight, quality and price of
bread, to be sold in the city.
§ 34. To regulate the size of bricks, to be used or sold in
the city. ^
§ 35. To provide for taking enumerations of the inhabi-
tants of the city.
§ 36. To regulate the election of city officers, and to
provide for removing from office any person holding an
office created by ordinance and appointed by the city
council.
§ 37. To fix [the] compensation of all city officers,
I 38. To regulate the ])olice of the city ; to impose fines,
forfeitures and penalties for the breach of any ordinance.
CITIES. '7Q1
and to provide for the recovery and appropriation of snch
lines and forfeitures and the enforcement of such penalties.
^ 39. The city council shall have power within the city, Billiards, ten
by ordinance, to license, restrain and suppress billiard tables ^^°^' ^^°'
and ball alleys and other games of chance or skill, for
which any charge or compensation is asked orpaid.
§ 40. To regulate, restrain and prohibit the running at Animals at large
large of horses, cattle, sheep, hogs, dogs and other ani-
mals.
§ 41. All moneys collected under and by authority of Disposition of
any city ordinance shall be deemed and taken to belong to °^^^^-
said city and disposed of by the city council, under the
ordinances of said city, fur the general use and benelit of
the inhabitants thereof.
§ 42. The city council shall have power to make all Necessary
1- 1 • 1 1 11 I 1 L • ordinances.
ordinances which shall be necessary ana proper tor carrying
into execution the powers specihed in this act.
§ 43. To license, regulate or prohibit the sale of spirit- i-''^"'"" t^affi*.
uous, vinous, malt or intoxicating liquors within the limits
of the city.
§ 44. The style of the city ordinances shall be, "Be it ^^J^Les °'^'^*"
ordained by the city council of the city of Sterling."
§ 45. All ordinances passed by the city council shall, ^o^'dlnances."^
within twenty days after they shall have been passed, be
published in the corporation paper, and shall not be in
force until they shall have been published as aforesaid.
§ 46. All ordinances of the city may be proved by the ^^°°^ °f °rdi-
seal of the corporation, and, when printed or published in '^''°''^^*
book or pamphlet form and purporting to be printed and
published by authority of the corporation, the same t^hall be
received in evidence in. all courts and places without further
proof.
§ 47. The clerk of said city shall record all ordinances, Evidence,
resolutions and orders passed by the said city council and
in force, in a record book provided for such purpose, with
complete indexes ; and the said book or transcripts of the
same duly certified by said clerk, under the seal of said
city, shall be received in evidence in all courts and places,
the same as if the originals were produced and without fur-
ther proof.
ARTICLE VI. ^
OF THE MAYOR.
§ 1. The mayor shall preside at all meetings of the city Presiding officer,
council, and shall have a casting vote and no other. In
case of non-attendance of the mayor at any meeting, the
board of aldermen shall appoint one of their own number
chairman who shall preside at their meetings.
§ 2. The mayor or any two aldermen may call special special meet-
meetings of the city council. '°^^-
702
Dutie* of mayor
Inhabitants to
aid in enforc-
ing laws.
Exhibit of
books.
Excecute all
acta.
Official p«wers
of mayor.
Jurisdiction.
Salai-y.
Penalties for
mal-conduct.
§ 3. The mayor shall, at all times, be active and vigi-
lant in enforcing the laws and ordinances for the govern-
ment of the city. He shall inspect the conduct of all subordi-
nate officers of said city, and cause negligence and positive
violation of duty to be prosecuted and punished. He shall,
from time to time, communicate to the aldermen such infor-
mation and recommend all such measures as in his opinion
may tend to the improvement of the finances, the police, the
health, security, comfort and ornament of the city.
§ 4. He is hereby authorized to call on every male in-
habitant of said city,, over the age of eighteen years, to aid
in enforcing the laws and ordinances, and, in case of riot,
to call out the militia to aid in suppressing the same or
carrying into efl:ect any law or ordinance ; and any person
who shall not obey such call shall forfeit to the said city a
fine, not exceeding fifty dollars.
§ 5. He shall have power, whenever he may deem it
necessary, to require of any officer of the said city an exhi-
bit of his books and papers.
§ 6. He shall have power to execute all acts that may
be required of him by any ordinance made in pursuance of
this act.
§ 7. He shall be commissioned by the governor as
mayor of the city, and, as such, shall be a conserv^ator of the
peace in said city, and shall have power and authority to
administer oaths, to take depositions, the acknowledgment
of deeds, mortgages and all other insti-uments of writing,
and certify the same, under the seal of the city, which shall
be good and valid in law, and receive the same fee for such
services as the county clerk for similar services.
§ 8. He shall also have such jurisdiction as may be
vested in him by ordinance of the city in and over all places
within three miles of the boundaries of the city, for tiie
purpose ot enforcing the health ordinance and regulation
thereof.
§ 9. He shall receive for his services such salary as
shall be fixed by an ordinance of the city.
§ 10. In case the mayor shall at any time, be guilty of a
palpable omission of duty or shall willfully and corruptly be
guilty of oppression, misconduct or partiality in discharge
of the duties of his office, he shall be liable to be indicted
in the circuit court of said Whiteside county, and, on con-
viction, he shall be fined not more than two hundred dol-
lars, and the court shall have power, on the recommenda-
tion of the jury, to add to the judgment of the court that he
be removed from office.
CITIE8.
ARTICLE VII.
OF PROCEEDINGS IN SPECIAL CASES,
703
§ 1. "When it shall be necessary to take private property Taking pr'Ta^e
for opening, widening or altering any public street, lane, pubTfc ^purpo-
avenue or alley, the city shall make a just compensation ^®^-
theretbr to the person whose property is taken, and, if the
amount of such compensation can not be agreed upon, the
mayor shall cause the same to be ascertained by a jury of
six disinterested freeholders of the city.
§ 2. When the owners of all the property on that por- Petitions for
tion of any street, lane, avenue or alley proposed to be Zeet'^^etc
opened, widened or altered, shall petition therefor, the city
council may open, widen or alter such street, lane, avenue
or alley, upon condition to be prescribed by ordinance, but
no compensation in such case shall be made to those whose
property shall be taken for the opening, widening or alter-
ing such street, avenue or alley : nor shall there be any
assessment of benefits or damages that may accrue thereby
to any of the petitioners.
§ 3. All jurors empanneled to inquire into the inquests, etc.
amount of benefits or damages which shall happen to the
owners of property proposed to be taken for opening, widen-
ing or altering any street, lane or alley, shall first be sworn
to that eff"ect, and shall return to the mayor their inquest
in writing, and signed by each juror.
§ 4. In ascertaining the amount of compensation for Benefits and
property taken for opening and widening or altering any ^^J'^'^^"
street, lane, avenue or alley, the jury shall take into con-
sideration the benefit as well as the injury happening by
such opening, widening or altering such street, lane, avenue
or alley.
§ 5. The mayor shall have power, for good cause shown, New inquests.
within ten days after any inquest shall have been returned
to him as aforesaid, to set the same aside and cause new
inquest to be made.
§ 6. The city council shall have power, by ordinance, special taxes.
to levy and collect a special tax on the holders of the lots
in any street, lane, avenue or alley, or part of any street, lane,
avenue or alley owned by them, for the purpose of paving,
grading, planking, macadamizing, walling or otherwise im-
proving any sidewalk, street, lane, avenue or alley, or
portion of the same ; which tax may be collected in the same
manner as other city taxes, or the said city council may, by
ordinance, provide for the collection, and may enforce the
payment of the same, in any manner not repugnant to the
constitution and laws of the United States or of this state.
704
ARTICLE VIII.
MISCELLANEOUS PROVISIONS.
Exemption
from road
labor.
§ 1. The inhabitants of th^ city of Sterling are hereby-
exempted from working on any road beyond the limits of
the city and from paying any tax to procure laborers to
M^ork on the same : Provided^ that the city council may
cause one-fourth of the labor tax to be laid out on roads
leading into said city, and may expend a portion of the city
tax upon the same, not to exceed one-fourth of the amount
annually assessed.
Street labor. § 2. The city council shall have power, for the purpose
of keeping the streets, sidewalks, lanes, avenues and alleys
in repair, to require every male inhabitant of said cit}',
between the ages of twenty-one and tifty years of age, to
labor on said streets, lants, avenues and alleys, not exceed-
ing four days in each and every year; and any person
failing to perform such labor, when duly notified by the
street commissioner or those actintr under him, shall forfeit
and pay the sum of one dollar for every day so neglected
or refused.
jg^ij^ § 3, The common council of said city shall have power,
and they are hereby authorized to provide and maintain, a
city jail or lock up, for the use oi' said city ; and shall have
power to provide by ordinance, for the punishment of
offenders, by imprisonmnent therein, in all cases where such
oflfenders shall fail or refuse to pay the lines and forfeitures
which may be recorded against them, as hereinafter pro-
vided.
Annual finan- § ^- '^^^^ ^^^7 couucil shall causc to bc published, annu-
ciai statement, ally, a full and Complete statement of all moneys received
and expended by the city council during the preceding year,
and on what account received and expended.
Suitsatiaw. § 5. All suits, actions and prosecutions instituted, com-
menced or brought by the corporation hereby created, shall
be instituted, commenced and prosecuted in the uafneof the
"City of Sterling."
§ 6. Appeals sliall be allowed from decisions in all cases
arising under the provisions of this act, or any ordinance
passed in pursuance thereof, to the circuit court of said
Whiteside county ; and every such appeal shall be taken
and granted in the same manner and with like etiect, as
appeals are taken from and granted by justices of the peace
to the circuit court, under the laws of this state.
Vacation of of- § 7. When the mayor shall absent himself from the city,
fice of mayor, qj, gii^U rcsigii. Or die. Or his othce shall otherwise be
vacated, the board of aldermen shall immediately proceed
to elect one of their number president, who shall be mayor
Mayor pro tem.i^^^ tem.^ uutil the officG shall bo tilled by election, as herein
provided.
Appeals.
CITIES. T05.
§ 8. The police justice, elected in pursuance of the pro- PoUce justice,
visions of this act, shall be commissioned by the governor as How commis-
a justice of the peace for said city, and, as such, shall have *'"°® •
power and authority to administer oaths, issue writs and pro- official powers,
cesses, to take depositions, acknowledgments of deeds, mort-
gages and other instruments of writing. He shall have Jurisdiction,
jurisdiction in all cases arising under ordinances of the city,
and concurrent jurisdiction with all other justices of the peace
in all civil and criminal cases within the county of Whiteside
aforesaid, arising under the laws of this state, and shall
receive the same fees and compensation for his services as
other justices of the peace of the county.
§ 9. The city marshal, or any constables of the said Duties ana pow
town of Sterling, shall be authorized and have power to ^"° mars a.
execute, anywhere within the county of Whiteside, all
processes issued by the said police justice of said city or other
magistrates within said city ; and the said marshal and con-
stables shall have power to do all acts that constables may
do, and shall receive such fees as are allowed to constables
in similar cases; and said marshal shall give bond as con-
stables are required by law to give, which bond shall be
filed in the oflfice of the county clerk.
§ 10. All actions brought to recover any penalty or for- Actions for the
feiture under this act or any ordinance, by-law or police fine7ami pen-
regulations made in pursuance thereof, shall be brought in *'*'®^' ^'''*
the corporate name of the said city ; and it shall be lawful
to declare, generally, in debt for such penalty, fine or forfeit-
ure, stating the clause or section of this act, by-law, ordi-
nance or police regulation, under which the penalty or
forfeiture is claimed, and to give the special matter in
evidence under it.
§ 11. The city marshal, and such other ofiicers as may Arrests of male.
be authorized by any ordinance, shall have power to arrest ''^'''°"-
or cause to be arrested, with or without process, all persons
M^ho shall break the peace, or threaten to break the peace,
or be found violating any ordinance of the city, commit for
examination, and, if necessary, to detain such person in
custody over night, or the Sabbath, or until he can be
brought before a magistrate ; and shall have and exercise
such other powers, as conservators of the peace, as the city
may prescribe.
§ 12. In all proceedings for any violations of any ordi- Summons.
nance, by-law or other regulations of said city, the first
process shall be by summons, unless oath or affirmation be
made for a warrant, as hereinafter provided.
§ 13. In any action to be brought for the recovery of Justices' dutiet
any penalty incurred under this act or the act to which this reco^?y°' 'of
is an amendment, or any ordinance, by-law or police regu- fi°es, etcs.
lation made in pursuance of such acts, if oath or affirma-
tion shall be made and filed with the justice having jurisdic-
tion of such offences, that said defendant is a non-resident
Vol. 1—63
706
Incompetent,
Security for
costs.
Town
and
rent
tion.
Evidence of le-
gal publication
of act.
JRail'oad tracks
biidges, etc.
of the county of Whiteside, or that whatever judgment
may be obtained against such oflender will be in danger of
being lost, stating the cause of such danger, so as to satisfy
the justice that there is reason to apprehend such loss, the
justice shall issue a warrant for the arrest cl such offender;
which warrant may be in the same form, and the proceedings
thereon conducted in the same manner and with the same
effect, as to principal and security, as nearly as the case will
admit of, as the warrant and proceedings provided for in
sections twenty-two and twenty-three ot chapter htty-nine
of the Kevised Statutes, entitled "Justices of the Peace and
Constables."
§ 14. In any action commenced by the city for the
recovery of any penalty as aforesaid, execution may issue
immediately on the rendition of judgment against the
defendant, which execution may require the said defendant
to be imprisoned in close custody in the city jail or lock up,
one day for each tifty cents of such judgment and costs, in
case the said defendants do not pay or turn out property to
secure such judgment; and in such case the officer having
such execution, shall forthwith arrest and imprison such
offender, according to the mandate of such writ or execution.
§ 15, No person shall be an incompetent judge, justice,
witness or juror, by reason of his being an inhabitant of
the said city of Sterling, in any action or proceeding in
which said city is a party in interest; and the said city of
Sterling shall not be required to give security for costs on
the institution of any suit commenced under the provisions
of this act or of the act to which this is an amendment or
under any ordinance, by-law or police regulation made in
pursuance thereof,
justices § 16. The common council of said city shall have power
ju°r^sdic'- to designate one or more justices of the said town of Sterling,
who shall have concurrent jurisdiction with the police justice
of said city in any action or proceeding for the recovery of
any line or penalty accruing under this act, or the act to
which this is amendatory, or under any ordinance, by-law
or police regulation made in pursuance thereof,
§ IT, The affidavit of the printer or publisher of any
newspaper in which any ordinance shall be published, as
required by this act, taken before any officer authorized to
aduiinister oath, and tiled with the city clerk, shall be con-
clusive evidence ot the legal publication of such ordinance
in all courts and places,
^ 18. The city council shall have power to direct and
control the laying and constructing of railroad track, 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
constructed and laid as to interfere as little as possible with
ordinary travel and use of the streets and alleys, and that
CITIES. * 707
sufficient space shall be left on either side of said track
fur the sate and convenient passage of teams and per-
sons ; to require railroad companies to keep in repair the
streets througli which the tracks may run, and to construct
and keep in repair suitable crossings at the intersections of
streets, alleys and ditches, sewers and culverts, when the
city council shall deem necessary ; to direct and prohibit
the use, and regulate th^peed of locomotive engines within
the city. The city council shall have power to provide, by Provision for
ordinance, that all taxes levied, assessed and collected under coi'ieefing
and by virtue of the provisions of this act, shall be assessed **^®^-
and collected by the same assessor and collector, whose duty
it shall by general law to assess and collect the state and
county tax for township twenty-one north, of range seven
east, north of Rock river, in said Whiteside county. If
said city council shall wish to have said city taxes so assessed
and collected, it shall be their duty to inform the clerk of the
county court, on or before the first day of September of each,
year, of the rate per cent, of the taxation levied by them
for city purposes for said year ; and it shall thereupon be
the duty ot the county clerk to carry out each and extend
said tax upon the books of the collector, in the same man-
^ner that he is now required by law to carry out and extend
the district school tax against the name of each tax payer,
whether resident or non-resident, owning property in said
city; and eaid city tax shall be collected in every respect
and the collection tliereof enforced in like manner and with
like remedieo as the state and county tax, and shall be paid
over by the collector to the treasurer of said city at the
same time that the county revenue is required to be paid
over to the county. Any court which shall renderjudg-
ment in said Whiteside county, against lauds and lots in
said city for non-payment of taxes due the state and county,
shall, at the same time, include in the same judgment any
and all taxes which may be due said city on any such pro-
perty, for his services in carrying out, adding and extending
said tax in the books of the collector. Said county clerk
shall receive one-half cent for each lot or tract, and one-half
cent on each person's name assessed for personal property,
to be paid out of said city tax, when collected. The collector
shall receive the same compensation which may be allowed
by law for the collection of state and county taxes, and shall
be liable on his official bond for the payment of all such
city tax by him collected ; the fees of the collector to be
paid out of the taxes, when collected.
§ ly. This act is hereby declared to be a public act, and Bvidence and
may be read in evidence in all courts of law or equity with- p""""^ °' *°*-
out proof, and shall be submitted to a vote of the legal voters Adoption to
of said town at the next general election, and, if ratified votai'etc.^
by a majority of said voters, then this act shall be in full
lorce from and after such ratification, otherwise to be void
708
and of no effect ; said election to be conducted in conformity
with tlie general laws of election now in force in this state.
Appruved March 5, 1867.
In force March AN ACT in amendment of, and supplementary to an act entitled, "An act
6, 1867. to reduce the charter of the city of Chicago, and the several acts amenda-
tory thereof, into one act, and to revise the same," approved Februaiy
13, 1863, and the act amendatory thereof, approved February 15,
1865.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, The common
Change of dock council of the city of Chicago shall have power to establish
hnes, etc. ^^ cliaiigc the dock lines of Chicago river and of Chicago
harbor so as to facilitate navigation on the same ; to cause
lamp posts to be erected upon atiy of the streets of said city,
and to cause water and gas service pipes, with their neces-
sary stop cocks and other fixtures, to be constructed and
laid so as to connect with the gas or water mains in the
streets of said city.
Application of § 2. The provisious of the acts to which this is supple-
proviaion of j^yutary and amendatory, as to the manner of making
application for any improvement to be executed by said
city, are hereby made to apply to the improvements speci-
fied in the foregoing section.
Applications for § 3. Upon receiving an application for the making of
improvements, ^^y improvement, the doing of which is within the dii^Cl■e•
tion and control of the municipal government of said city,
Du^y^of board excepting sewers and main water pipes, the said board shall
proceed to investigate the same ; and it they shall deter-
mine that such improvement is necessary and proper, they
shall report the same to the common council, accompanied
with a statement of the expense thereof, and a proper ordi-
nance or order directing the work, and shall in such estimate
specify how much of said expense, in their opinion, may
be properly chargeable to real estate esjoecially benelited by
sucli i:nprovement, and how much thereof may be properly
chargeable to and paid out of the general fund or out of the
proceeds of any general tax authorized to be levied by said
city. Having reported on such application, and recom-
mending that the improvement be made, or disapproving
ot the doing of it, as is provided for in the above mentioned
act, the common council may then, in either case, order the
. doing of such work or the making of such public improve-
ment, after having tirst obtained from said board an estimate
of the exi)enKe thereof, and in such order specify what
amount of said estimated expense shall be assessed ui)on
the property deemed specially benefited, and what amount
CITIES.
709
assess-
nts for im-
shall be chargeable to and be paid in of the proceeds of the
general fund or out of the proceeds of any general tax
authorized to be levied by said city.
§ 4. Whenever any order shall be passed by the com- special
mun council of said city, pursuant to the authority conferred ^roTtments,
by chapter seven of the act of 1863, of which this is an
amendment, for the tilling, leveling, grading, paving, curb-
ing, walling, graveling, macadamizing, planking or repair-
ing of any street, lane, alley or highway, or for the con-
struction, reconstruction, laying or relaying of any
sidewalk or any private drain, or for the making of any
public improvements, on account of which authority is
given by said chapter seven (7) to levy a special assess-
ment, (excepting sewers and main water pipes) ; or when-
ever any such order shall be so passed for the establishing
or changing the dock lines ot Chicago river or of Chicago
harbor, or fortiie laying of gas or water service pipes, or for
the erection of lamp posts upon any of the streets of said
city, the commissioners of the board of public works shall
forthwith proceed to assess the amount directed by the
common council to be assessed for that purpose, with the
costs of the proceedings therein, upon the real estate by
them deemed specially beuehted by any such improvement
in proportion, as nearly as may be, to the benefit result-
ing thereto. The assessment in such cases shall be made
and returned, and may be contirmed and collected in the
manner provided by chapter seven of the act above men-
tioned, so far as the provisions of said cliapter are applicable,
and, excepting in cases where such order of council shall
recpiire the appropriation or condemnation of any land or
real estate, according to the provisions of sections twenty-
three and twenty-four of said chapter.
§ 5. Under the provisions of section 34 of chapter Y oi Appropriation
the act of which this is supplementary, approved Feb. 13th, iZitl^nia."^
1803, the common council is hereby authorized, in the
event that any improvement shall be ordered after the mak-
ing of the annual appropriation, some portion of the expense
of which shall be assessed by the commissioners of the
board of public works, on some lot or lots of land owned by
said city, to appropriate and borrow money for the payment
of such assessments, as is provided for [inj other cases enu-
merated in said section.
§ 6. Upon the passage of any order referred to in the special assess-
fourth section ot this act, the board of public works may, ments for coats
in their discretion, cause said improvement to be made and
paid for out of any moneys in the treasury at their disposal,
and afterwards cause the expense thereof, together with all
costs, to be reimbursed by a special assessment, to be levied
and collected as in other cases.
§ 7. Section thirty-nine of chapter seven ot the act of ^ehSer \ of
1863, of which this is amendatory, is hereby amended by amended ^^^'
710 CITIES.
striking out therefrom the words "of all improvements at
the intersection of streets or alleys or of streets and alleys
(excepting sidewalks and area or street walls)/'
„ ,. 1 , ^ i^ 8. Sections one, three and live of the act approved
bections 1, o ana o ; i> • i i
^ of act ap- February 15, 1865,. in amendment ot said act approved
iT^'isesfre^- February 13, 1863, are hereby repealed,
pealed. g g rp^j^ ^^^ ^^^^^ ^^ deemed a public act, and shall
take effect and be in force from and after its passage.
In force. March -^^ -^CT to amend the city charter of the city of Kankakee.
T, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That the
Corporate limits city charter of the city of Kankakee be amended so that
and junsdic- froui and after the passage of this act, section second of
chapter first shall read as follows :
"The corporate limits and jurisdiction of the city of Kan-
kakee shall embrace and include within its boundaries the
following territory, viz : Commencing at a point thirteen
(13) chains and fifty (50) links east of the north west cor-
ner of the Washington Bourbonais reservation, j running
thence east along the north line of said reservation, and
along the north line of tlie Manteno reservation, to the north
east corner of said Manteno reservation, and thence
east along the north line of section thirty-three (33), town
thirty-one (31), range twelve (12) east, to a point sixteen
(16) chains and twenty-five (25) links east from the north
east corner of said Manteno reservation, thence south in a
line parallel with the Manteno reservation, eighty (80) chains
to the south line of said section thirty-three (33) and to tlie
north east corner of the Catish Bourbonais reservation, in
town thirty (30), range thirteen (13) west of the second (2d)
principal meridian, thence south seventy-one (71) chains
and forty-six (46) links, to the north hue of section nine (9),
town thirty (30), range thirteen (13) west second (2d) princi-
pal meridian, thence west through the Catish Bourbonais
reservation to the north easterly bank of the Kankakee river,
thence across the Kankakee river to intersect the section
line between section five (5) and section eight (8), thence
west thirty-seven (37) chains and eighty-eight (88) links to
the section corner of sections (5) five, (6) six, (7) seven and
(8) eigiit, thence west on section line between sections six
(6) and seven (7) in town thirty (30), range thirteen (13)
west of the second (2d) principal meridian, forty (10) chains to
half section corner, thence north on half section line of said
section six (6), to the town line between town thirty (30)
and town thirty-one (31), thence north to the south west
CITIES. 711
bank of the Kankakee river in town thirty -one (31), range
twelve (12) east of the third principal meridian, thence
down the south westerly bank of the Kankakee river to
the place of beginning ; and whenever any tract of land
adjoining the said limits, or any addition to said city shall
be laid off into town lots and the plat thereof shall be re-
corded, the same shall be and form a part of the city of
Kankakee, as fully as if, within the original corporate
limits.
§ 2. That section three (3) of chapter second be amended Amended seo-
by striking out the words "surveyor" and "city attorney," "°"**
and that hereafter the common council shall appoint the
surveyor and city attorney in the same manner as is now
provided for the appointment of city officers by the common
cotlhcil.
§ 3. That the seventh clause of the eighth section of clause of sec-
chapter four (4) be so amended after the word "year," in ^""^ ^'^e'^ded.
the fifth line, as to read, "not less than one dollar nor
more than one thousand dollars shall be required to be paid
for any license under this act.
§ 4. That all ordinances and parts of ordinances of ordinances
said city of Kankakee passed by the common council of said ^""s^^^^^^-
city, and which are now in force, be and the same are here-
by legalized.
§ 5. This act is hereby declared to be a public act and
shall be in force from and after its p
Approved March 7, 1867.
AN ACT to charter the city of Danville. In force March
7,1867.
ARTICLE I.
BOUNDARIES, GENERAL POWERS AND FORMATION OF WARDS.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That the in-
habitants of the city of Danville, in the county of Yermil-
ion and state of Ilhnois, be and they are hereby constituted a
body politic and corporate by the name and style of "The Nameand style.
City of Danville;" and hy that name shall have perpetual
succession, and may have and use a common seal, which
they may change and alter at pleasure,
§ 2. The boundaries of said city shall embrace all with- Boundaries.
in the following described tract, to- wit: Beginning at the
north east corner of the south west quarter of section four
(4); thence west to the center of section six (6); thence
south to the north fork of the Yermilion river ; thence
along down said river to its confluence with the Big Yer-
ers.
712 « CITIES.
milion river ; tb en ce along the Big Yerrailion river to the
line dividing sections seven (7) and eight (8) ; thence
south to the south west corner ot the north west quarter of
section seventeen (17); thence east to the center of section
sixteen (16); thence north to the place of beginning, all in
township No. nineteen (19) north of range eleven (11) west,
in the county of Vermilion and state of Illinois.
Additions. § 3. Whenever any tract of .land adjoining the city of
Danville shall be laid oif into tov/n lots, and recorded ac-
cording to law, the same shall be annexed to and form a
part of the city of Danville.
Corporate pow- § 4- The inhabitants of said city, by the name and style
aforesaid, shall have power to sue and be sued, to plead and
be impleaded, defend and be defended in all courts of
law and equity, and in all actions whatsoever; to fhir-
chase, receive and hold property, real and personal, in said
city, and to purchase, receive and hold property, real, be-
yond the limits ot said city, for buinal grounds, for the use
of the inhabitants of said city ; and to sell, lease, convey
and improve property, real and personal, for the benelit of
said city, and to do all other things in relation thereto as
natural persons.
§ 5. The city of Danville shall be divided into two (2)
wards, the boundaries of which shall be fixed by the city
council, and shall be changed by the council from time to
time, as they shall see fit, having regard to the number of
voting inhabitants. The city council may create additional
wards, as occasion may require, and fix the boundaries
thereof.
ARTICLE II.
OFFICERS THEIR ELECTION AND APPOINTMENT.
Corporation ofR. g 1. The municipal government of the city shall con-
sist of a city council, to be composed of the mayor and two
(2) aldermen from each ward. The oflicers of the corpora-
tion shall be as follows: A city clerk, a city marshal, a city
treasurer, a city attorney, a city assessor and collector, a city
surveyor and engineer, a city supervisor, and a police magis-
trate, who, in addition tt) the duties prescribed by this act,
shall perform such other duties as may be prescribed by or-
dinance. There shall also be such other otficers, servants and
agents of tlie corporation as may be provided by ordinance, to
be appointed by the city council, and to perform such du-
ties as may be prescribed by oidinance.
Tenure of oflBce § 2. All ottlcers elected or appointed under this act,
except aldermen and the police magistrate, shall hold their
oflSces for one year, and until the election or ai)pointnient
and qualification of their successors, respectively ; all other
officers mentioned in this act, and not otherwise specially
provided for, shall be appointed by the city council, by
cers.
CITIE?. ^j3
ballot, on the third (3) Monday of May in each year, or as
soon thereatter as may be ; but the city council may special-
ly authorize the appointment of watchmen and policemen
by the mayor, to continue in office durincr the pleasure of
the city council: Provided, the mayor or marshal may be Proviso
authorized to remove them from office for good cause All
officers elected or appointed to fill vacancies shall hold for
the unexpired term only, and until the election or appoint-
ment and qualification of their successors.
^ § 3. The several wards of the city shall be represented Aidermen.
m the city council by two (2) aldermen from each ward
wJio shall be ^o/?^/^/^ residents thereof, and hold their offi-
ces lor two (2) years from and after their election, and until
the election and qualification of their successors. At the classification of..
first meeting of the city council, after the first annual elec-
tionunder this charter, the aldermen shall be divided by
lot, into two classes, consisting of two aldermen each : the
seats ot those ot the first class shall be vacated at the expi-
ration pf the first year, and of the second class at the
expiration of the second year, so that one-half of the board
shall be elected annually.
^ 4. If from any cause there shall not be a quorum of Vacancies.
aldermen, the clerk shall appoint the time and place of
holding a special election to supply such vacancies, and to
appoint judges thereof, if necessary. If any alderman shall
remove from the ward represented by him, his office shall
thereby become vacant. If, from any cause, the officers
herein named shall not be appointed on the second Monday
V^.V^J^^''^'^^ city council shall adjourn from Adjournment
t me to time until such appointments are made. If there
should be a failure of the people to elect any of the officers F.im, , ,
herein required to be elected, the city councii may fortS "
order a new election.
§ 5. Any officer elected or appointed to any office may Removals from
be removed from such office by a vote of three-fourths of °^''"-
the aldermen authorized by law to be elected; but no offi-
cer shall be removed except for good cause, nor unless first
furnished with the charges against him and heard in his
detense ; and the city council shall have power to cotnpel
the attendance of witnesses and the production of papers m
when necessary for the purposes of such trial, and shalfpro-
ceed, withm ten days, to hear and determine upon the l
merits of the case, and if such officer shall neglect to appear
and answer such charge, then the city council may declare
the office vacated: Provided, this section shall not be Proviso
deemed to apply to any officer appointed by the city coun-
cil ; such officer may be removed at any time by a vote of
three-fourths, as aforesaid, in their discretion ; but any offi-
cer may be suspended until the disposition of the char<^es,
when preferred. ° '
tnessea.
limits of til
Vol. I— 6i
7U
Vacancy in of-
fice of mayor.
Elielbility to
office.
§ 6. "Whenever any vacancy shall occur in the office of
mayor, alderman or police magistrate, such vacancy shall be
filled by a new election ; and the city council shall order
such new election 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 no special election shall be held to fill vacancies if more
than nine months of the time has expired.
§ 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, but no person shall be
eligible to office under this act or any act in relation
to said city, who is now or may hereafter become de-
faulter to said city or the state of Illinois or to any other
city or county thereof; and any person shall be considered
a defaulter who has refused or neglected, or may hereafter
refuse or neglect, for thirty days after demand made, to
account for and pay over to the party authorized to receive
the same, any public moneys which may have come to his
possession ; and if any person holding any such office
or place within the city shall become a defaulter whilst
holding such office or place, the same shall thereupon be-
come and be declared vacant,
§ 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 III.
Time and place
of holding.
Manner of
liolding.
§ 1. A general election of all the officers of the corpo-
ration requiring to be elected by this act or any ordinance
of the city, shall be held in each of the wards of the city on
the first Monday of May in each year, at such places as the
council may appoint, and of which six days previous notice
shall be given, by written or printed notices, in three pub-
lic places in each ward, or by pubjication in the newspaper
publishing the ordinaiices of the city, by the city clerk.
§ 2. The manner of voting and conducting the elections
held under this act, and contesting the same, the keeping
poll lists, canvassinc: of the votes and certifying the returns,
shall be the same, as nearly as may be, as is now or may
hereafter be provided by law at general state elections:
Provided, the city council shall have power to regulate
elections and the appointment of the judges thereof. The
voting shall be by 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 be counted in the man-
ner provided by law, and the returns shall be returned
sealed to the city clerk, within three days after the election,
CITIES. 715
and thereupon the city council shall meet and canvass the
same and declare the result of the election. The person
havinf^ the highest number of votes for any office shall be
declared elected. It shall be the duty of the city clerk to
notify all persons elected or appointed to office, of their
election or appointment, and unless such person shall quali-
fy within twenty days thereafter, the office shall become
vacant.
§ 3. No person shall be entitled to vote at any election Qualified voters
under this act who is not entitled to vote at state elections,
and has not been a resident of the 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 h'e is permitted to vote : " I swear (or affirm) that I °^'''-
am of the age of twenty-one years, that 1 am a citizen of
the United States (or was a resident of the state at the time
of the adoption of the constitution), and have been a resi-
dent of this state one year and a resident of this city six
months, and have been for ten days and am still a resident
of this ward, and have not voted at this election :" Prom- Proviso.
ded^ the voter shall be deemed a resident of the ward in
which he is accustomed to lodge.
§ 4. No election shall be held in any grog shop or other places of eiec-
place where intoxicating liquors are sold by retail or whole- *'*'°'
sale.
ARTICLE IV.
POWERS AJSD DUTIES OF OFFICERS.
§ 1. Every person chosen or appointed to an executive, oath of office.
judicial or administrative office, under this act, shall, before
he enters upon the duties of his office, take and subscribe
the oath of office prescribed in the constitution of this state,
and file the same, duly certified by the officer before whom
the same was taken, with the city clerk.
§ 2. The mayor, before he enters upon the duties of his oath of mayor,
office, shall, in addition to the usual oath, swear or affirm. Additional office
that he will devote so much of his time to the duties of his °^'^-
office as an efficient and faithful discharge thereof may
require. He shall preside over the meetings of the city city council. .
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 the officers of the
city discharge their respective duties. He shall cause neg- violations,
ligence and positive . violations of duties to be prosecuted
and punished. He shall, from time to time, give the city
council such information and recommend such measures as
he may deem advantageous to the city.
716
Enforcing ordi-
nances.
Penalty.
Inspections.
Mayor's penal
ties.
Salary.
§ 3. He is hereby authorized to call upon any and all
male white inhabitants of the city or county, over the age '
of eighteen years, to aid in enforcing the laws of the state,
or the ordinances of the city ; and any person who shall
not obey such call, shall forfeit to the city a line of not less
than five doHars.
§ 4. He shall have power, whenever he shall deem it
necessary, to require of any of tlie officers of the city an
exhibit of his books and papers ; and he shall have power
to execute all acts that may be required of him by this act
or any ordinance made in pursuance thereof.
§ 5. He shall be liable to indictment in the circuit court
of Yerruilion county for palpable omission of duty, willful
oppression, mal-conduct or partiality in the discharge of the
duties of his office, and, upon conviction, shall be subject
Amountoffinc. to a fine not exceeding one hundred dollars; and the court
shall have power, upon the recommendation of the jury, to
add, as a part of the judgment, that he be removed from
office.
§ 6. He shall receive such salary as may be fixed by
ordinances not exceeding five hundred dollars per annum.
Approval and § 7. All ordiuauces and resolutions, shall, before they
o?diw"3.''°^take effect, be placed in the office of the city clerk, and if
the mayor approve thereof, he shall sign the same, and such
as he shall not approve he shall return to the city council
with his objections to the same. Upon the return of any
ordinance or resolution by the mayor, the vote by which
the same was passed shall be reconsidered, and if, after such
reconsideration, the majority of all the members elected to
the council shall agree, by ayes and nays, 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 ten days
after the same shall be placed in the clerk's office, as afore-
said, the same shall go into effect. He shall be ex-officio,
police magistrate, and shall have concurrent jurisdiction in
the hearing and punishment of all offenses in violation of
the city ordinances, and in the absence, sickness or other
disability of the police magistrate proper, it shall be, and is
hereby made his express duty to try and punish such per-
sons as may be found in violation of any of the ordinances
aforesaid. He shall also, ex-officio^ have power to adminis-
ter any oath required to be taken by this, or any law of the
state, to take depositions, the acknowledgment 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.
Vacancy in the § 8- " I'^ casc of a vacaucy in the office of mayor, or of
office of mayor j^jg bging unable to perform the duties of his office by reason
of temporary or continued absence or sickness, tlie city
council shall appoint one of its own members, by ballot, to
Objections.
Reconsider
tion.
Journal,
Time limited.
Acknowledg-
ments.
CITIES. Y17
preside over its meetings, whose official desio-nation shall be
" Acting Mayor;" and the aldermen so appointed shall be Acting mayor.
vested with all the powers, and perform all the duties of
the mayor until the mayor shall resume his office or the
vacancy be filled by a new election.
§ 9. The members of the city council, together with the ex officio ofs-
mayor, shall be, ex-officio, fire wardens and conservators of ''"^"
• the peace within the city, and shall be exempt from jury
duty or street labor, during their term of office.
§ 10. The clerk shall keep the corporate seal and the Duties of cierk
papers and books belonging to the city ; he shall attend all
the meetings of the city council, and keep a full record of
their proceedings upon the journals, and copies of all papers
duly filed in his office, and transcripts of the journal of the
proceedings of the city council, duly certified by him, under
the corporate seal, shall be evidence in all courts in like
manner as if the originals were produced. lie shall like-
wise draw all warrants on the treasury and countersign the
same, and keep an accurate account thereof in a book pro-
vided for that purpose. He shall also keep an accurate
account of all receipts and exoenditures, in such manner as
the city council shall direct f and he shall have power to
administer any oath required to be taken by this act.
§ 11. It shall be the duty of the city attorney to perform city attorney
all professional services mcident to his office, and when
required, to furnish written opinions upon questions and
subjects submitted to him by the city council, or the mayor,
or any of its committees : Provided, however, the offices of proviso
city attorney and city clerk may be vested in the same
person.
^ § 12. The city treasurer shall receive all moneys belong- city treasurer
mg to tbe city, and shall keep an accurate account of ail
receipts and expenditures in such manner as the city council
shall direct. All moneys shall be drawn from the treasury,
m pursuance of an order of the city council, by a treasury
warrant, signed by the mayor or the presiding officer of the warrants,
city council, and countersigned by the city clerk. Such
warrant shall specify tor what purpose the amount therein
named shall be paid. The treasurer shall exhibit to the city inspection
council, at least twenty days before the annual election in
each year, and oftener if required, a full and detailed account
of all the receipts and expenditures since the date of the
last annual report, and also the state of the treasury, which
account shall be filed in the office of the city clerk.
§ 13. The city marshal shall perform such duties as city marshal,
shall be prescribed by the city council, for the preservation
ol the public peace, the collection of license money, tines,
or otherwise; he shall possess the power and authority of Powers.
a constable at common law and under the statutes of this
state, and shall receive like fees, but shall not serve civil
process without first entering into bond as such constable. Bond.
718
Engineer and
surveyor.
Rules.
Powers.
Public works.
Plans, etc.
Assessor a:
collector.
Supervisor.
Streets and.
alleys.
Sidewalks.
Notices.
to be approved by the county court, as in other cases. He
shall execute and return all process issued by any proper
ofhcer under this act or any ordinance in pursuance thereof.
§ 14. The city eno-ineer and surveyor shall have the
sole 'power, under the direction and control of the city
council, to survey within the city limits ; and he shall be
c;overned by such rules and ordinances and shall receive such
fees and emoluments for his services as the city council shall
direct and prescribe. He shall possess the same power in
making plats and surveys in the city as is given by law to
the county surveyor ; he shall, when required, superintend
the construction of all public works ordered by the city,
make out the plans and estimates thereof, and contract for
the erection of the same ; he shall perform all surveying
and engineering ordered by the city council, and shall,
under their direction establish the grades and boundaries of
the streets and alleys ; but such plans, estimates, contracts,
grades and boundaries shall be first reported to the city
council and approved by them, or they shall not be valid.
§ 15, The assessor and collector shall perform all the
duties in relation to the assessing of property, for the pur-
pose of levying the taxes imposed by the city counciL In
the performance of his duties he shall have the same pow-
ers as are or may be given, by law, to town or count}'
assessors, and be subject to the same liabilities. On com-
pleting the assessment lists, and having revised and corrected
the same, he shall sign and return them to the city
council. He shall collect all taxes and assessments which
may be levied by the city council, and perform such other
duties as may be herein prescribed or ordained by the city
council.
§ IG. The supervisor shall superintend all local improve-
ments in the city, and carry into effect all orders of the
city council in relation thereto. It shall also be his duty to
superintend and supervise the opening of streets and
alleys, and the grading, improving and repairing thereof,
and the construction and repairing of bridges, culverts and
surveys ; to order the laying, relaying and repairing of
sidewalks ; to give notice to the owners of property adjoin-
ing such sidewalk, when required, and upon the failure of
any person to comply with such notice, to cause the same
to be laid, relaid, repaired, and apportion the costs thereof
among the persons or lots properly chargeable therewith, and
deliver the account thereof to the city clerk, to be laid before
the city council ; to make plans and estimates of any work
ordered in relation to streets and alleys, bridges,''culverts and
sewers ; to keep full and accurate accounts in appropriate
books, of all appropriations made or work pertaining to his
office, and all disbursements thereof, specifying to whom
made, and on what account; he shall render quarterly
accounts thereof to the city council.
CITIES. 719
§ 17. The police magistrate, under the charter of the Police magis-
city of Danville, shall do and perform all the duties now
required by the law creating the office of police magistrates,
entitled "An act for the better government of towns and Act.
cities, and to amend the charters thereof," approved February
27th, 185i, and, in addition thereto, shall have full power Powers,
and authority to hear, try and punish, in such manner as
may be prescribed by the ordinances of the city, all persons
guilty of violating an_f of the provisions of the same : Pro- violations.
vide'd^ that the present incumbent shall hold over until the Proviso.
term for which he was elected shall expire, and that his
successor be elected at the annual city election, of the year
in which his term expires, and every four years thereafter.
§ 18. The city council shall have power from time to city council.
time, to require further and other duties from all the officers Additional du-
whose duties are herein specified, and prescribe the powers
and duties of all officers elected or appointed to any office
under this act, whose duties are not herein specially men-
tioned, and fix their compensation. They may, also, require
all officers, severally, before they enter upon the duties of
their respective offices, to execute a bond to the city of
Danville, in such sum and with such securities as they may
approve, conditioned that they shall faithfully execute the
duties of their respective offices, and account for and pay
over, and deliver all moneys and other property received by
them • which bond, with the approval of the city council
certilied thereon by the clerk, shall be filed in his office.
§ 3 9. If any person having been an officer of said city, ^.^J^^^^|'"=® °^
shall not within ten days after notification and request,
deliver to his successor in office all books, property, papers
and effects, of every description, in his possession, belong-
ing to said city, or appertaining to their said office, he shall
forfeit and pay, for the use of the city, fifty dollars, besides Penalty,
all damages caused by his refusal or neglect so to deliver ;
and such successor may recover possession of the books,
papers and effects belonging to his office in the manner
now provided by law.
§ iiO. All officers elected or appointed under this act commissions.
shall be commissioned by warrant, under the corporate seal
of the city, signed by the mayor or presiding officer of the
city council and clerk, and they shall, severally, receive such
compensation as may be fixed by the ordinances of said compensation,
city, and those of them not heretofore exempted are by
this section severally exempted from serving upon juries Exemption.
and from road or street labor.
ARTICLE Y.
POWERS OF THE CITY COUNCIL AND DUTIES.
§ 1. The mayor and aldermen shall constitute the city C'ty council.
council. The council shall meet at such time and place as they
720
Meetings.
Quorum,
(.'ompensation.
Restrictions.
CITIES.
shall, by resolution, direct. The mayor, when present, shall
preside at all meetings of the city council, and shall have only
the casting vote. In his absence any one of the aldermen
may be appointed to preside. A majority of the persons
elected aldermen shall constitute a quorum,
§ 2, The members of the city council shall receive such
compensation for their services as the city council shall di-
rect: Provided^ that no member of the city council shall
receive more than two dollars for- each regular monthly
meeting of the city council, and not more than one dollar
for every called or special meeting of the same; and if any
member shall be absent from any meeting of the city coun-
cil he shall not receive pay for that meeting. No member
of the city council shall be appointed to or be competent
to hold any office of which the emoluments are paid from
the city treasury, or paid by fees directed to be paid by any
act or ordinance of the city council, or to be directly or in-
directly interested in any contract the expense and conside-
ration whereof is to be paid under any ordinance of the
city council, or be allowed to vote in any matter in which he
is directly interested personally or pecuniarily.
§ 3. 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 by notice to each of
the members of the city council, served personally or left
at their usual places of abode ; that said council of the city
of Danville shall not, at any time, issue city bonds for a
greater amount than ten thousand dollars, without submit-
ting the question of issuing such bonds to a vote of the
legal voters of said city, which vote or election shall be
held as elections are now held under this charter, for the
election of such officers of the corporation as by this act
are required to be elected by a vote of the people. If
there is a majority in tavor of issuing bonds, then it shall
be lawful for the corporation, acting through the pr.'per
officer, to issue said bonds. Petition and remonstrance
may be presented to the city council ; and they shall deter-
mine the rules of their own proceedings, and be the judges
of the election and qualification ot their own members, and
shall have ])ower to compel the attendance of absent mem-
bers.
Finances. § 4. The city couucil shall have the control of tlic
finances and of all the property, real, personal and mixed,
belonging to the corporation, and shall likewise have power,
within the city, .by ordinance —
Borrow money. Fivst — To borrow moucy ou the credit of the city and
issue the bonds of the city therefor, as i)rovided in the ])re-
ceding section, but no sum of money shall be borrowed at
a higher rate of interest than the rate of ten per cent., nor
shall a greater sum or sums be borrowed, oral any time be
outstanding, the interest upon the aggregate of which shall
Number of
meetings.
Amount of
bonds.
Submittin
question.
Absent mem-
bers.
CITIES. 721
exceed the one-half of the city revenue arising from the
ordinary taxes within the city for the year immediately pre-
ceding ; no bonds shall be issued or negotiated at more than
two per cent, below par value, and when so issued or ne-
gotiated, the interest on the same shall not exceed the rate
of ten per cent. The appropriations of the city council for Appropriations.
the payment of tlie interest for improvements and for city
expenses during any one fiscal year shall not exceed ihe
whole of the ordinary revenue of the city for the fiscal year Fiscal year,
immediately preceding, but the council may apply any sur-
plus money m the treasury to the extinguishment of the
city debt or to the creation of a sinking fund for that pur- sinking fund,
pose, or to the carrying on of the public works of the city,
or to the contingent fund for the contingent expenses of
the city.
Second. — To appropriate money and provide for the pay- city debts.
ment of the debts and expenses of the city.
Third. — To make reo-ulations to prevent the introduction Quarantine and
-> ... s" , . ' , . sanitary regu-
01 contagious diseases into the city; to make cpiarantine lations.
laws for that purpose, and to enforce them within the city
and within iive miles thereoF.
Fourth. — To make regulations to secure the general Health.
health of the inhabitants ; to prevent, abate and remove
nuisances and to punish the authors thereof by penalties,
lines and imprisonments ; to deline and declare what shall
be deemed nuisances, and authorize and direct the sura- Nuisances.
mary abatement thereof.
Fifth.— To provide the city with water ; to make, regu- water and weiis
late and establish public wells, pumps and cisterns, hydrants
and reservoirs in the streets within the city or beyond the
limits thereof, for" the extinguishment of lires and the con-
venience of the inhabitants, and to prevent the unnecessary
waste of water.
8ixth. — To have the exclusive power and control over the ^^"^^^1 obstmc-
streets, alleys and highways of the city and to abate or
remove any encroachments 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, reo-ulate and keep street reguia-
, . , , ; ' -111° 1 • ' "ons and re-
in repair bridges, culverts, sewers, sidewalks and crossings, pairs
and regulate the construction and use of the same, and
abate any obstructions or encroachments thereof; to estab-
lish, alter, change and straighten the channels of water
courses and natural drains, to sewer the same or wall them
up and cover them over, and to prevent, regulate and con-
trol the filling up, altering or changing the channels thereof
by private persons.
722
Lighting.
Public grounds.
Hospitals.
Ineuraberins;
streets.
License and tax
vehicles, etc.
Gambling.
Licenses— man-
ner ol issunijr.
Eighth. — To provide for lighting the streets and erecting
lamp posts and lamps therein, and regulate the lighting
thereof, and, from time to time create, alter or extend lamp
districts ; to exclusively regulate, and control, and direct
the laying and repairing the gas pipes and gas fixtures in
the streets, alleys and sidewalks.
Ninth. — To establish and erect markets and market
houses and other public buildings of the city and provide
for the government and regulation thereof, and their erec-
tion and location, and authorize their erection in the streets
and avenues of the city, and the continuation of such as are
already within the same.
Tenth. — To provide lor the inclosing, regulating and
improving of all public grounds and cemeteries belonging
to and used by the city, either within or without the same,
and to direct and regulate the planting and preserving of
ornamental and shade trees in the streets or public grounds.
Eleventh. — To erect or establish one or more hospitals or
dispensaries, and control and regulate the same.
Iweljth. — To prevent the incumbering of the streets,
alleys, sidewalks or public grounds with carriages, wagons,
carts, wheelbarrows, boxes, lumber, timber, firewood, posts,
awnings, signs or an}^ other substance or material what-
ever ; to compel all persons to keep the snow, ice, dirt and
other rubbish from the streets and sidewalks and gutters in
front of the premises occupied by them.
Thirteenth. — To license, tax and regulate merchants,
commission merchants, inn-keepers, brokers, money bro-
kers, insurance brokers and auctioneers ; to impose duties
on the sale of goods at auction ; to license, tax, regulate
and prohibit and suppress hawkers, peddlers, pawnbrokers,
grocery keepers and keepers of ordinaries, theatrical or
other exhibitions, shows and amusements.
Fourteenth. — To license, tax, regulate and suppress hack-
men, draymen, omnibus drivers, porters, and all others
pursuing like occupations, with or without vehicles, and
prescribe tlicir compensation ; to regulate and restrain run-
ners for stages, cars and public houses.
Tijteenth. — To license, tax, regulate, prohibit and sup-
press billiard tables, bagatelle or Jenny Lind tables, or
similar tables, pin alleys and ball alleys; to suppress, re-
strain and prohibit gambling or gaming houses, disorderly
houses, bawdy houses, tippling shops, groceries, lotteries,
gift enterprises, and all fraudulent devices and practices and
all playing of cards, dice or game of chance of any kind,
with or without betting, and to authorize the destruction of
all instruments and devices used for the purposes of gaming,
and this division (the fifteenth) shall extend one mile be-
yond the city limits.
Sixteenth. — To authorize the proper oflicer of the city to
grant and issue licenses, and to direct the manner of issuing
CITIES 723
and registering thereof, and the fees and charges to be paid
therefor ; no license shall be granted for more than one year,
and not less than ten, or more than one thousand dollars
shall be charged for any license under this act ; and the
fees for issuing the same shall not exceed live dollars ; but -
no license for the sale of wines or other ardent or vinous,
fermented or malt liquors, at wholesale or retail, by grocery
keepers, inn keepers or others, shall be issued for less than
two hundred dollars, except ale and beer, which shall not
be less than fifty dollars; and all licenses for the sale of
liquors of any kind shall expire on the last day of June in
each year.
Seventeenth. — To restrain, regulate and prohibit the sell- Liquors.
ing or giving away of any intoxicating, malt or mixed
liquors by any person within one mile of tlie city limits,
except by persons duly licensed, and to provide for the
searching, seizing and destruction of all such intoxicating, seizing.
fermented, malt or mixed liquors within such distance, and
to forbid and punish the selling or giving away of any such
liquors to any minor, apprentice or servant, without the
consent of the parent, guardian, master or mistress.
Eighteenth. — To prevent, restrain and punish forestalling Forestalling the
and regrating ; to regulate the inspection and vending of '"^^
fresh meats, poultry and vegetables, butter, lard and other
provisions, and the place and manner of selling tish and the
inspection of the same.
I^oneteenth. — To regulate, license and prohibit butchers, Butchers.
and revoke their licenses for malconduct in the course of
trade.
Txoentieth. — To establish standard weights and measures weights and
and regulate the weights and measures to be used within "^®=*®"''^^-
the city, in all cases not otherwise provided by law ; to
require all traders and dealers in merchandise or property
of any description which is sold by measure or weight, to
cause their measures and weights to be tested and sealed by
the city clerk, and to be subject *to his inspection. The
standard of such weights and measures shall be confoim-
able to those established by law or ordinance.
Twenty -first. — To regulate and provide for the inspecting Lumber,
and measuring of lumber, shingles, timber, posts and staves,
heading, and all kinds of building materials and for the
measuring of all kinds of mechanical work, and appoint
one or more inspectors or measures.
Twenty-second. — To provide for the inspecting and Hay and fuej.
weighing of hay, lime and stone coal, and the place and
manner of selling the same ; to regulate the measurement
of firewood, charcoal and other fuel to be sold or used within
the city, and the place and manner of selling the same.
Twenty-third. — To regulate the inspecting of beef, pork, ^^P^t*;""" °^
flour, meal and other provisions, salt, whisky and other
liquors to be sold in barrels, hogsheads and other vessels or
724
CITIES.
Racing.
Vagrants.
Animals at
large.
Rolling hoops.
Suppression
disease.
packages ; to appoint weighers, gaugers and inspectors, and
pre:3cribe their duties and regulate their fees : Provided^
that nothing herein 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 request
of the owner thereof or his agent.
Twenty -fourth. — To regulate the quality and weight of
the bread to be sold in the city or used within the same.
Twenty-fifth. — To regulate the size and quality of brick to
be sold or used within the city, and the inspection thereof.
Twenty-sixih. — To create, establish and regulate the po-
lice of the city ; to appoint watchmen and policemen and
prescribe their duties and powers.
Tventy-seventh.—To prevent and suppress any riot, rout,
aflVay, noise, disturbance or disorderly assembly, in any
public or private place within the city.
Twenty-eighth. — To prevent, prohibit and suppress horse
racing, immoderate riding or driving in the streets, and to
authorize persons immoderately riding or driving, as afore-
said, to be stopped by any person ; to prohibit and punish
the abuse of animals ; to compel persons to fasten their
horses or other animals attached to any vehicle or otherwise
while standing or remaining in the streets.
Tioenty -ninth. — To restrain and punish vagrants, mendi-
cants, street beggars and prostitutes.
Thirtieth. — To regulate, restrain or prohibit the running
at large of liorses, cattle, swine, sheep, goats and geese, and
to authorize the distraining, impounding and sale of the
same for the costs of the proceedings and the penalty in-
curred, and to impose penalties upon the owners thereof,
for a violation of any ordinance in relation thereto*, to regu-
late, restrain and prohibit the running at large of dogs, and
to authorize their destruction when at large contrary to or-
dinance, and to impose penalties on the owners and keepers
thereof.
Thirty-first. — To proliibit and restrain the rolling of
hoops, the flying of kites, or the discharging of lirearms or
any other amusements or practices tending to annoy per-
sons passing on the streets or sidewalks, or to frighten
horses or teams ; to restrain and prohibit the ringing of
bells, blowing of horns or bugles, crying of goods or any
other noises, performances or practices tending to the col-
lection of persons upon the streets or sidewalks, by auction-
eers and others, for the purpose of business, amusement or
otherwise.
Thirty -second. — To abate all nuisances which may injure
or afiect the public health or comfort, in any manner they
may deem expedient.
Thirty-third. — To do all acts and make all resolutions
which may be necessary or expedient for the promotion of
health and the suppression of disease.
CITIES. 725
Thirty-fourth. — To compel the owner or occupant of any cieansmg pre-
grocer}', cellar, soap or tallow chandler or blacksmith shop,
tannery, stable, privy, sewer or other unwholesome or
nauseous house or place, to cleanse, remove or abate the
same, as may be necessary tor the health, comfort or con-
venience of the inhabitants.
Thirty-fifth. — To direct the location and regulate the construction of
'^'' , 1 , ,• ,. 1 • ■ . breweries, etc.
management and construction ot breweries, tanneries,
blacksmith shops, founderies, livery stables and packing-
houses; to direct the location and regulate the management
and construction of, and restrain, abate and prohibit, within
the city and to the distance of one mile from the limits
thereof, distilleries, slaughtering establishments, establish-
ments for steaming or rendering lard, tallow, ofltal and such
other substances as may be rendered, and all other estab-
lishments or places where any nauseous, offensive or un-
wholesome business may be carried on.
Thirty-sixth. — To regulate the burial of the dead ; to cemeteries.
establish and regulate one or more cemeteries ; to regulate
the registration of births and deaths ; to direct the return-
ing and keeping of bills of mortality ; and to impose penal-
ties on physicians and sextons and others for any default in
the premises.
Thirty seventh. — To provide for the taking of an enunlera- census.
tion of the inhabitants of said city.
Thirty-eighth. — To erect and establish a work house or work houses,
house of correction, make all necessary regulations therefor,
and appoint all necessary keepers and assistants. In such
work house or house of correction may be confined all
stragglers, vagrants, idle and disorderly persons, who may
be committed thereto by any proper officer ; and all per-
sons sentenced by any criminal court or magistrate, in and
for the city, or for the county of Vermilion, for any assault
or battery, petit larceny or other misdemeanor punishable
by imprisonment in the county jail ; and any person who
shall fail or neglect to pay any line, penalty or costs im-
posed by any ordinance of the city for any misdemeanor,
breach of any ordinance of the city, may, in stead of being
committed to the county jail of Vermilion county, to be
kept therein and be subject to hard labor and confinement.
Thirty-niniJi. — To authorize the taking up and providing Pauper*.
for the safe keeping and education, and for such period of
time as may be deemed expedient, of all children who are
destitute of proper parental care, wandering about the
streets, committing mischief, and growing up in mendicancy,
ignorance, idleness and vice.
Fortieth. — To fill up, drain, cleanse, alter, relay, repair Regulation of
and regulate any grounds, lots, yards, cellars, private drains^ ^^'"^^'^•
sinks and privies, direct and regulate their construction, and
cause the expenses thereof to be assessed and collected in
the same manner as sidewalk assessments.
Y26 CITIES.
Railroad build- FoHy-first. — To clirect and control the layinp^ and con-
'°ss- struciion of railroad tracks, bridges, turn outs and switches
in the streets and alleys, and the location of depot grounds
within the city : to require that railroad tracks, turn outs,
bridges and switches interfere as little as possible with the
ordinary travel and use of the streets and alleys of the city,
and that a sufficient space shall be left on either side of
tracks for the safe and convenient passage of teams and per-
sons; to require the railroad companies to keep in re-
pair the streets through which their track may run, and
to construct and keep in repair suitable crossings at the
intersection of streets and alleys and ditches and sewers and
culverts, when the city council may deem necessary, and to
prohibit the use and regulate the speed of locomotive en-
gines within the inhabited parts of the city ; to prohibit
and restrain railroad companies from doing storage or ware-
house business or collecting pay for storage.
Passage of ovdi- Fovty-second. — The city council shall have power to pass,
nances. publish and amend [and] repeal all ordinances, rules and po-
lice regulations not contrary to the constitution of the United
States or of this state, for the good government, peace and
order of the city and the trade and commerce thereof, that
may be necessary and proper to carry into effect the pow-
Generai powers ei's vcstcd by this act in the corporation, the city govern-
couterred. jj^gj^^ q^ ^uy department or officer thereof; to enforce the
observance of all such ordinances, rules or police regulations,
and to punish violations thereof by 'lines, penalties and
imprisonment in the county jail, city prison or workhouse
or both, in the discretion of the magistrate or court before
whom conviction may be had, but no fine or penalty shall
exceed five hundred dollars, nor the imprisonment six
months for any oftence, and such fine or penalty may be
recovered, with costs, in an action of debt, in the name and
for the use of the city, before any court having jurisdiction,
and punishment infi'icted ; and any person upon whom any
fine or penalty is imposed shall stand committed until the
payment of the same and costs, and in default thereof may
be imprisoned in the county jail, cit}'- prison or workhouse,
or be required to labor on the streets or other public works
or private works within one mile of the city limits, for such
time and in such manner as may be provided for by ordi-
nances.
ARTICLE VI.
TAXATION.
§ 1. The city council shall have power, within the city,
Taxation. by Ordinance —
First. — To levy and collect annually taxes not exceeding
five mills to the dollar on the assessed value of all the real
and personal estate and property within the city, and all
personal property of the inhabitants thereof, made taxable
CITIES. 727
by the laws of the state for state purposes, to defray the
general and contingent expenses of the city not herein
otherwise provided for, wliicli taxes shall constitute the
general fund.
iSecond. — To annually levy and collect taxes not exceed- issue bonds.
ing live mills to the dollar per annum, on all property tax-
able for state pui poses, and to issue bonds as heretofore
provided.
Third. — To levy and collect taxes, not exceeding five payment of
mills to the dollar per annum, on all property subject to *^''^'^-
taxation, to meet the interest accruing on the debt of the
city ; and the city council shall pass no ordinance or reso-
lution incurying or creating a debt without at the same
time making provisions for the levying a tax sufficient to
pay the interest accruing thereon, when payable.
Fourth. — To annually levy and collect taxes on all pro- Annual taxes.
])erty subject to taxation, when required for the erection of
a city hall, markets, city prisons or workhouse or hospitals,
the purcha&e of market grounds, public squares or parks
or any other public improvements : Provided., the estimated
cost of a city hall, hospital, workhouse or market house may
be apportioned by the city council and collected by a series
of annual assessments ; but the cost of market grounds,
markets, public squares or other improvements may be
levied and collected upon all the real estate and other pro-
perty in the natural division of the city in which they are
located. No local improvement under this section shall be
ordered in any division or ward, unless the aldermen from
such ward shall vote for the same ; but no tax or taxes
shall be levied in any one year under this section which
shall exceed five mills to the dollar on the property assessed
for any or all the purposes herein specified. The revenue
arising from such market or other improvement shall be
applied to the liquidation of the costs thereof and taxes
shall be levied and collected to make up the deficiency.
Fifth. — To levy and collect upon all property, in such Gas.
districts as thej shall from time to time create, a tax suffi-
cient to defray one-half of the expenses of erecting lamp
posts, lamps and lighting the streets in such district or
ward, and the tax thus collected shall be exclusively ex-
pended for such purpose in the district or ward paying the
same.
Sixth. — To require it, and it is hereby made the duty of ^/j^^^g"" '*®
every male resident of the city, over the age of twenty-one
years and under the age of fifty years, to labor three days
in each year upon the streets and alleys of the city, but any
person may, at his option, in lieu thereof, pay such sum as
may be prescribed by ordinance, not exceeding five dollars :
Frovided, the same shall be paid within ten days after the Proviso.
notification by the supervisor. In default of payment, as
aforesaid, the sum of five dollars and costs may be collected,
728 CITIES.
and no set-off" shall be allowed in any suit brought to collect
the same.
ARTICLE VII.
OF ASSESSMENTS FOU STREETS AND ALLEYS.
Opening streets 8 1, The citv council shall have power to open and lav
and crounds. I: i t i ,^^11 i i • 1 •'
out public grounds or squares, streets alleys and highways,
and to alter, widen, contract, straigliten and discontinue the
same ; but no street, alley or highway, or any part thereof,
shall be discontinued or contracted without the consent, in
writing, of all persons owning land or lots adjoining said
street, alley or highway. They shall cause all streets, alleys
and hiiihways or public squares or grounds laid out by thein
to be surveyed, described and recorded in a book to be kept
bj the clerk, showing accurately and particularly the pro-
posed improvements and the real estate required to be taken,
and the same, when opened and made, shall be public high-
ways and ])ublic squares.
Compensation K 2. Whenever any street, alley or hio-hway, public
for property. " , . -J 1,11.1 '^ ,1' i
ground or square is proposed to be laid out, opened, altered,
widened or straightened by virtue hereof, and the amount
of compensation can not be agreed upon, the city council
shall give notice of their intention to take and appropriate
the land necessary for the same, to the owner thereof, by
jtublishing said notice for ten days in the newspaper pub-
lishing the ordinances of the city, at the expiration of which
time they shall choose, by ballot, three disinterested free-
holders residing in the city, as commissioners, to ascertain
and assess the damages and recompense due the owners of
said real estate respectively, and at the same time determine
what persons will be benefited by such improvements, and
assess the damages and expenses thereof on the real estate
benefited thereby in proportion, as nearly as may be, the
benefits residting to each. A majority of all the aldermen
authorized by law to be elected, shall be necessary to a
choice of such commissioners.
Notice. § 3. The commissioners shall be sworn faithfully and
impartially to execute their duties to the best of their abili-
ties before entering upon their duties ; they shall give at
least five days' notice to all persons interested of the time
and place of their meetings for the purpose of viewing the
premises and making their assessments, which notice shall
be given personally, if the owners or residents are known,
or by publication in the newspaper publishing the ordinances
of the city, if the owners are non-residents or unknown ;
they shall view the premises, and in their discretion receive
any legal evidence, and may, if necessary, adjourn from
day to day.
luiiiding-vaiue g 4. If there shall be any building standing, in whole
or in part, upon the land to be taken, the commissioners,
CITIES. Y29
before proceeding to make their assessments, shall first esti-
mate and determine the whole value of such buildin<r to the
owner, aside from the value of the land, and the act'ual in-
jury to hmi m having- such building taken from him, and
secondly, the value of such building to him to remove the
same
limited.
^ 0. At least five days' notice shall be given to the Notice
owner of such determination, when known, and a resident
of the city, which may be given him personally or in
writing, le t at his usual place of abode ; and if a non-resi-
dent or unknown a like notice shall be given to all persons
interested, by publication in the newspaper publishincr the
ordmances of the city; such notice shall specifv the build- '
mg and the award of the commissioners, and shall be signed
by tliein. It shall also require the persons interested to
appear by a day to be named therein, or give notice of their
election to the city council, either to accept the award of
the comimssioners and allow such building to be taken
with the land condemned or appropriated, or of their inten-
tion to receive such building at the value set thereon bv the
commissioners to remove. If the owner shall agree to re-
move such building he shall have such reasonabTe time for
such purpose as the city council may direct
^ 6. If the owner refuses to take the buiidinff at the Tim
appraised value to remove or fails to give notice of his in-
tention, as aforesaid, within the time prescribed, the city
council shall have power to direct the sale of such build
ing, at auction, for cash or on credit, giving fi^■e days' public
notice of the sale The proceeds of'the ?ale shall be paid
to the owner or deposited to his use.
§ 7. The commissioners shall thereupon proceed to Anp
make their assessment and determine and appraise ?o the
I'nTv'^. ' "t' 'fi '^'' ''^^ ''''''' appropriated, and the in!
.lurj arising from the condemnation thereof, which shall be
awarded to such owner as damages, after making due
allowance theretrom for any benefit^vhich such ownef shall
or may derive froni such itnprovements. In the estimate of Eat
hP .r'^?./' K^ -^ 1^^^^^' ^'^^ ^-""^i^sioners shall include
he value of the buildings (if the property of the owner of
^^^A""?^;.'"' ^f ™^^^^ }>y ti^em as atbresaid, less the pro-
ceeds of the sale thereof, or if taken by the owner at the
value to remove, in that case they shall only include the
oSrbi -fdrnr ^'^'" ^"' ^'^ '''-'- '^''^^'' ^-^^-^
hJi;« 5 ^^^ ,^^"^^Pf t*^ any person be greater than the Benem.s «„„
benefits received, or if the benefits be greater than the dam- ''*™^«^"
ages, m either case, the commissioners shall strike a balance
and carry the difference forward to another column, so that
the assessment may show what amount is to be received or
paid by such owners respectively, and the difference only
shall in any case oe collected of or paid to them
Vol. 1—66
■aisal.
iiniate.
730 CITIES.
Different § 9. If the lands and buildings belong to different per-
owner.-. gons, or if the laud be subject to lease or mortgage, the
injury done to such persons, respectively, may be awarded
to them by the commissioners, less the benefits resulting to
them from the improvements.
Apportionment. § 10. Having ascertained the damages and expenses of
such improvements, as aforesaid, the commissioners shall
thereupon apportion and assess the same, together with the
costs of the proceedings, upon tlie real estate by them deemed
to have been benelited in proportion to the benefit resulting
from the improvements, as nearly as may be, and shall de-
scribe the real estate upon which their assessments may be
made when completed. The commissioners shall sign and
return the same to the city council within thirty days of
their assessment. ♦
Assessment- §11. The clcrk sliall give ten days' notice by publica-
pubhcation of. ^j^^^ .,^^ the ucwspapcr publishing the ordinances of the city
that such assessment has been returned, and on a day, to
be specified therein, will be confirmed by the city council,
unless objections to the same are nuide by some persons in-
terested ; objections shall be heard before the city council,
and the hearing may be adjourned from day to day. The
council shall have powder, in their discretion, to confirm or
annul the assessments or refer the same back to the commis-
sioners. If annulled, all the proceedings shall be void. If
confirmed, an order of confirmation shall be entered direct-
ing a warrant to issue for the collection thereof. If referred
back to the same or other commissioners, they shall pro-
ceed to make their assessments and return the same in like
numner and give the like notices as herein required in rela-
tion to the first ; and all parties in interest shall have the
like notice and rights, and the city council shall perform the
like duties, and have the like power in relation to any sub-
se(iuent determination as are herein given in relation to the
first.
Commissioner?. § 12. The city couucil shaH have power to remove com-
missioners and from time to time appoint others in place of
such as may be removed, or refuse, or neglect, or are unable,
from any cause to serve.
Payment of § 13. The land rccjuired to be taken for the making,
dumM.^es. opening, or widening, or altering any street, alley, or 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 his agent can not be
found in the city, deposited to his or their credit in some
safe place of deposit other than the hands of the treasurer ;
then, and not before, such lands may be taken and appio-
priated for the purposes required in making such improve-
ments, and such streets, alleys or other highways or public
grounds may be made and opened.
CITIES. 731
§ 14r. When the whole of any lot, parcel of land, or covenants and
other premises under lease or other contract, shall be taken <=''"*''^°*^-
for any of the purposes aforesaid, by virtue of this act ,all
the covenants, contracts and engagements between landlord
and tenant, or any other contracting parties touching the
same or any part thereof, shall, upon the confirmation of
the report of the commissioners, respectively cease, and be
absolutely discharged.
§ 15. When part only of any lot, parcel of land, or Land taken,
other premises so under lease or contract shall be taken for
any of the purposes aforesaid, by virtue of this act, all the
covenants, contracts and agreements respecting the same,
upon the confirmation of the report of the commissioners,
shall be absolutely discharged as to that part thereof so
taken, but shall remain valid as to the residue thereof, and
the rents, consideration and payment received, payable and
to be paid for, and in respect to the same shall be so pro-
portioned as that the part thereof justly and equitably pay-
able for such residue thereof, and no more, shall be paid or
recoverable in any respect of the same.
§ 16. Any person interested may appeal from any order Appeals,
of the city council for opening, widening or straightening
any street, alley or other highway or public ground, to the
circuit court of Vermilion county, by notice in writing to
the mayor at any time before the expiration of twenty days
after the passage of said final order. In case of appeal the
city council shall make a return within thirty days after notice
thereof, and the court shall, at the next term after return
filed in the office of the clerk thereof, hear and determine
such appeal and confirm or annul the proceedings ; from
which judgment no appeal or writ of error shall lie. Upon
the trial, all questions involved in said proceedings, includ-
ing the amount of the damages, shall be opened to investi-
gation by affidavit or oral testimony adduced to the courts,
or upon the application of the city or any party, the amount
of the damages may be assessed by a jury of said court
without formal pleading, and judgment rendered accord-
ingly, and the burden of the proof shall in all cases be upon
the city, to show that the proceedings are in conformity with
the provisions of this act.
§ 17. In all cases where there is no agreement to the owner to pay
contrary, the owner or landlord, and not the tenant or oc- ®-^p®°'^'-
cupant, shall be deemed the person who ought and shall pay
and bear any expense or assessment made for any public
improvement. When any such assessment shall be made
upon or paid by any person, when by agreement or by law
the same ought to be borne or paid by any other person, it
shall be lawful for the one so paying to sue for and recover
of the person bound to pay the same the amount so paid,
with interest. Nothing herein contained shall in any way
CITIES.
and impair or affect any agreement between landlord and ten-
ant or other person respecting the payment of" such assess-
ment.
§ 18. The city council may, by ordinance, make any
change they may deem advisable in the proceedings herein
prescribed for ascertaining the damages and injury occa-
sioned to any person or real estate by reason of the cun-
demnation of such real estate or any real estate upon
which any buildings may be situated, in whole or in part,
and the assessment of such damages and injuries upon per-
sons or real estate benefited by the improvement, and in all
such other respects as experience may suggest.
§ 19. When any known owner or other person having
an interest in any real estate, residing in the city or else-
where, shall be an infant, and any proceeding shall be had
under this act, the judge of the circuit court of Yermilion
county, the county judge of said county, or any judge of
the supreme court, may, upon application of the city coun-
cil, or such infant or his next friend, appoint a guardian for
such infant, taking security from such guardian for the faith-
ful execution of such trust ; and all notices and summonses
required by this act shall be served upon such guardian.
ARTICLE VIII.
PUBLIC IMPROVEMENTS AND ASSESSMENTS THEREFOR.
§ 1. The city council shall have power, from time to
time, to cause any street alley or other highway, to be
graded, regraded, leveled, paved or planked, and keep the
same in repair, and alter and change the same.
Second.-— To cause cross and sidewalks, main drains and
sewers, and private drains, to be constructed and laid,
relaid, cleansed and repaired, and regulate the same.
77i«>(i.— To grade, improve, protect and ornament any
public square, or other public ground now or hereafter laid
out.
Jiourth. — The city council shall have power to assess and
collect of the owners of lots or real estate on any street or any
highway, or any part thereof, in the same manner as other
taxes, or in such manner as may be prescribed by ordinance
for the purpose of grading, paving or planking such streets
or other highways : Provided^ that such tax shall not exceed
ten mills per annum of the property assessed.
§ 2. That for the purpose of establishing a system of
drainage or sewerage, the city council may have power to
cause the city to be laid of!" into districts, to be drained by
printjipal and lateral or tributary sewers or drains, having
reference to the general plan of drainage by sewers and
drains for the whole city, and number and record the same.
CITIES. 733
§ 3. That, whenever a majority in numbers of the own- Petitions.
ers of real estate within any district shall petition the city
council for the construction of such drains or sewers in such
district, the city council shall have power to levy and col-
lect a special tax upon the real estate in such district so
drained, and not to exceed ten mills to the dollar per annum
on the assessed value thereof, for the purpose of construct-
ing such sewers and drains, which taxes shall he annually .
levied as other city taxes by law, and shall constitute a lien
upon the real estate in the district where the same is so
assessed ; and the city council shall provide for the con-
struction or cuttinof of such sewers or drains, or such parts
thereof as they shall deem necessary, and may from time to
time extend, enlarge or alter the same, upon such terms Enlargements.
and conditions as they shall deem necessary ; and the city
council shall have power to borrow money for the construction
of such sevvers and drains, payable in principal and interest,
from the special tax collected in such districts, or the city
council may apportion the estimated costs of such sewers
and drains' and collect the same by a series of annual Annual assess-
1 T • 111 -1 ments.
assessments ; but no ordmance creatmg such debt, special
tax or apportionment, shall be repealed or altered, until the
debt created thereby shall have been paid.
5 4. All owners or occupants of lands or lots in front of, owners to pay
,.•'.. T J- . , . ., 1 ,{ for improve-
adjoining or upon wiiose premises the city council snail ments.
order and direct sidewalks or private drains, communicating
with any main drain, to be constructed, graded, repaired,
relaid or cleansed, or shall declare any such lots or lands to
be nuisances, and order the same to be graded, tilled up and
drained or otherwise improved, shall make, grade, repair or
relay such sidewalk, or make, repair or cleanse such private
drains, or grade, till up, drain or otherwise improve such lot or
land at their own costs and charges, within the time and in
the manner prescribed by ordinance or otherwise. li' not speeifioations,
done within the time and in the manner prescribed, the
council may cause the same to be constructed, repaired,
relaid, cleansed, filled up, graded, drained or otherwise im-
proved, and assess the expenses 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 as in other cases; a suit may be also maintained
against the owner or occupant of such premises, for the
recovoi-y of such expense, as for money paid and laid out
to his use at his request.
§ 5. In all cases where expenses may be incurred in the cost of remo-
" , ,, . ,^1 •. -1 i.1 ving nuisances
removal ot any nuisance, the city council may cause the
same to be assessed against the real estate chargeable there-
with, in the same manner prescribed in the foregoing sec-
tion. Such expenses may be, likewise, collected of the
owner or occupant of such premises, in a suit for money
expended to his or their use ; and in case the same shall not
734
CITIES.
Repairs of
grounds.
be chargeable to any real estate, suit may in like manner
be brought for such expenses against the author ol' such
nuisance, if known, or any person whose duty it may be
to remove or abate the same.
§ 6. The city council shall have power to compel the
owners of lots or grounds fronting or adjoining any private
or public 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 man-
ner as sidewalk assessments.
ARTICLE IX.
COLLECTIOX OF TAXES AND ASSESSMENTS.
Tares and as-
sessments.
Objections.
Jjevying
ol money
Taxes to 1
lien.
§ 1. The city council shall have power, by ordinance, to
prescribe the form of assessment lists, and prescribe the
duties and define the powers of assessors. They may, also,
make such rules and give such regulations in relation to
revising, altering or adding to the lists, as they may deem
proper and expedient.
§ 2, The annual lists shall be returned by the assessor on
or before the first Monday in August, in each year, but the
time may be extended by order of the city council. On the
return thereof, the city council shall fix a day for the hear-
ing of objections thereto ; and the clerk shall give notice
of the time and place of such hearing, by publication in the
paper publishing the city ordinances ; and any person feeling
himself aggrieved by the assessment of his property, may
appear at the time specified and make his objections. The
city council shall have power to supply omissions in said
assessment list, and for the purpose of equalizing the same,
to alter, add to, take from and otherwise correct and revise
the same, or refer the same back to the assessor with instruc-
tions to revise and correct the same.
it. § 3. When the assessment lists have been corrected and
revised, the same shall be filed, and an order confirming
the same, and directing the warrant to be issued for the col-
lection of the same, shall be entered by the clerk ; the city
council shall thereupon, by ordinance or resolution, levy
sums such sum or sums of money as may be sufficient for the
several purposes for which the taxes are herein authorized
to be levied, not exceeding the authorized percentage, par-
ticularly specifying the purposes for which the same arc
levied, and if not for general purposes, the division or ward
of the city upon which the same are levied.
§ 4. All taxes or assessments, general or special, levied
or assessed by the city council under this act, or any ordi-
nance in pursuance thereof, shall bo a lien upon, the real
estate upon which the same may be imposed, voted or
assessed, for two years from and after the corrected assess-
ment lists shall be confirmed, or the passage of the order
CITIES.
735
for the assessment, and upon personal estate from and after
the delivery of the warrant for the collection thereof nntil
paid ; and no sale or transfer shall affect the lien. Any per- Exeeutior.
sonal property belonging to the debtor may be taken and
sold for the payment of taxes on real and personal estate ;
and the real estate shall be liable for the taxes upon personal
estate, in case of removal, or when the tax can not be made
out of the personal estate in the same manner as is provided
by the laws of this state : Provided, that in case the collection Proviso.
ot any assessment shall be delayed by injunction or other
judicial proceedings, the same shall continue a lien upon
the real estate for the period of two years from and after Time,
the tinal disposition of such injunction, or other judicial pro-
ceeding.
§ 5.' The clerk shall issue a warrant or warrants for the wan-ants.
taxes, and rule therein separate columns, in which the taxes
levied shall be separately set down opposite the name
of the person or such real estate subject thereto. Each
column shall beheaded with the name of the tax therein
set down.
§ 6. All warrants issued for the collection of general or warrants.
special taxes and assessments shall be signed by the mayor Howsiguedand
and clerk, with the corporate seal attached thereto, and
shall contain true and perfect copies of the corrected assess-
ment lists, upon which the same may be issued. They shall
be delivered to the collector for collection within thirty days
of the tiling of the corrected lists, unless further time shall
be given for this purpose, by the city council. If not other- ^^J^°^|'°'' °^
wise paid, the collector shall have power to collect said taxes,
with interest and costs, by suit in the corporate name, or by
distress and sale of personal property as aforesaid, after
demand and refusal to pay the same : Provided, a notice. Proviso,
published for ten days by" the collector in the newspaper Publication,
publishing the ordinances of the city shall be deemed a
demand, and a neglect to pay taxes for twenty days
shall be deemed a refusal. The assessor's list shall, in all
cases, be evidence on the part of the city corporation.
§ 7. All taxes, general or special, shall be collected by collection of
., 11 . .,'*=' ^ 1 •,! .1 ^11 taxes by asse.*
the collector in the same manner and witn the same autiior- sor.
ity as is now given by law to collectors of state and county
taxes. He shall pay the same as fast as collected into the
city treasury, and his duty in regard to returning warrants
and settling with the city, and his liability, in case of default
or misconduct, shall be the same as is now provided by
law : Provided, the city council shall have power to pre- Proviso.
scribe the powers and liabilities of collectors by ordinance.
§ 8. In case of non-payment of any taxes or assessments. Prosecution
levied or assessed under this act, the premises may be sold
for the payment thereof, at any time within ten years after
the confirmation of the assessment by the city council.
Before any such sale an order shall be made by the city
council, which shall be entered at large in the journals or
i36
CITIES.
How conducted recorcls kept by the clerk, directing tlie collector to sell,
particularly directino- the delinquent premises to be sold,
and assessment for which the sale shall be made; acertitied
copy of which order, under the corporate seal, signed by
the mayor or presiding officer, and clerk, shall be delivered,
to the collector, which, together with the warrant, shall con-
stitute the process upon which such sale may be made.
^denSiin't pre- . ^ ^- '^^^® collcctor shall then advertise snch premises
mises. in the newspaper publishing the ordinances of the city, for
sale, at least thirty days from and after the first publication
ot such notice, describing the premises by figures or other-
wise, 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
said sale, and shall be published at least four times. The
proceedings may be stopped at any time on the payment of
the taxes or assessments and interest, with the expenses of
advertising.
§ 10. All sales shall be conducted in the manner re-
quired by law, but the city cohncil shall have power to pre-
scribe the manner of coiiductina" the same ; the sale shall
be made for the smallest portion of ground, taken from the
east side of the premises, for which any person will take the
saine and pay the taxes and assessments thereon, with inte-
rest and costs of sale. Duplicate certificates of sale shall be
made and subscribed by the collector, one of which shall be
delivered to the purchaser and the other be Hied in the
office of the clerk, which certiticates shall contain the name
of the purchaser, a description of the premises sold, the
amount of the taxes or assessments, M'ith the interest and
the expenses, for which the same were sold, and the time
whei; the I'ight to redeem will exi)ire. The collector shall
be allowed the same fees for selling as are allowed for simi-
lar services, or his fees may be regulated by ordinance. The
clerk shall keep a record of such sales, which shall be
open to the public inspection at all reasonable times.
§ 11. The right of redem])tion in all cases of sales for
taxes cJr assessments shall exist to the owner, his heirs, exe-
cutors or administrators, creditors or assigns, to the same
extent as is allowed by law in cases of sales of real estate for
taxes, on payment, in national currency, of double the
amount f<u- which the same was sold and all taxes accruing
subsequent to the time of sale, with interest. If the real
estate of any infant, feinme covert or lunatic be sold under
this act, the same may l)e redeemed at any time within
two years after such disability is removed. In case of
redemption, the money may be paid to the purchaser or for
him to the city clerk, who shall make a special deposit
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
CITIES.
737
to be executed to the purchaser, under the corporute seal,
signed by th- mayor or presiding otiicer of the city council,
and countersigned by the clerk, conveying to the purchaser
the premises so sold and unredeemed, as aforesaid. An ab-
stract of all deeds so made and delivered shall be entered
by the 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.
^ 12. Tlie assignee of any tax certificate of any i)remi.ses Assignee.
sold for taxes or assessments under authority of the city
council, shall be entitled to receive a deed for said premises
in his own mime and with the same effect as though heiuid
been the original purchaser.
§ 13. If^at any sale of real or personal estate for taxes in.^oase of no
or assessments, no bid shall be made for any parcel of the
land, or any gitods or chattels, the same shall be struck off ^^^^^^
to the city, and thereupon the city shall receive, in the cor- "'°°'
porate.name, a certiticate of the sale thereof, and shall be
vested with the same rights as other purchasers at such
sale.
§ li. All deeds made to the purchasers of lots sold for Deeds.
taxes or assessments by order of the city council, shall be
p?i?7ia facie evidence in all suits and controversies in rela- Evidence.
tiori to the rights of the purchaser, his heirs or iissigns, to
the premises rhorebv conveyed, of the following lacts —
jHrst.— That the" lot or land conveyed was subject to Advertisement.
tax or assessment at the time the same was advertised
for sale, and had been listed and assessed in the manner
and time I'cquired by law.
Second. — That the taxes or assessments had not been Taxes not paid,
paid at any time before the sale of the same.
Third.— T\\qX the land conveyed had noi; been redeemed ^°^;;^«''«"'P-
from the sale at the date of the deed ; and shall be conclu-
sive evidence of the following facts —
First.— 'l\\^l the land or "lot was advertised for sale for Advertisement.
the length of time and in the manner required by law.
Second. — That the land was sold for taxes or assessments saie.
as stated in the deed.
Third. — That the grantee in the deed was the purchaser. Deed.
Fourth. — That the sale was conducted in the maimer s«ie-hmv con-
required by law; and in all controversies and suits invol-
ving the title to land claimed and held under and by virtue
of such deed, the person or persons claiming title adverse
to the title conveyed by such deed, shall be required to
prove, in order to defeat the said title, either that the land was
not subject to taxation at the date of sale ; that the taxes and
assessments had been paid ; that the said lands had never
been listed for taxation or assessment ; or that the same had
been redeemed according to the provisions of the act, and
that such redemption was made for the benefit and use of
the persons having the right of redemption under the law
738
of this state ; but no person shall be permitted to question
the title acquired by the said deed, without first sliowing
that he or she or they or the person under whom he, she
or they claim title, had had title to the land at the time of
sale, or that the title was obtained from the United States or
this state after the sale, and that all taxes due upon the
land have been paid by such persons, or the j^ersons under
whom they claimed title, as aforesaid.
ARTICLE X.
FIRE DEPARTMENT.
Fire depart-
ment.
Pi-ohibitions.
Chimneys.
Flues— con-
struction of.
§ 1. The city council, for the purpose of guarding
against the calamities of lire, shall have power to prohibit
tiie erection, placing or repairing of wooden buildings with-
in the limits prescribed by them, without their permission,
and direct and prescribe that all buildings within the limits
prescribed shall be made or constructed of fire proof mate-
rials ; and to prohibit the rebuilding or repairing of wooden
buildings within the fire limits, when the same shall have
been damaged to the extent of fifty per cent, of the value
thereof, and to prescribe the manner of ascertaining the ex-
tent of such damage ; to declare all dilapidated buildings
to be nuisances and to direct the same to be repaired, re-
moved or abated in such manner as they shall prescribe
and direct; to declare all wooden buildings within fire
limits, which they may deem dangerous to contiguous build-
ings or in causing or promoting tires, to be nuisances, and
to require and cause the same to be removed or abated, in
such a manner as they shall prescribe.
§ 2. The city council shall have power —
tvrst. — To regulate the construction of chimneys and
flues, so as to admit of chimney sweeps, or other mode of
cleaning, and to compel the cleaning and sweeping of
chimneys.
Second. — To prevent and prohibit the dangerous con-
struction and condition of chimneys, flues, fire places,
stovepipes, ovens or any other apparatus 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 con-
sidered dangerous.
Third, — To prevent the deposit of ashes in unsafe places,
and to appoint one or more officers to enter into buildings
and inclosures to examine and discover whether the same
are in a dangerous state, and to cause such as may be dan-
gerous to be put in a safe condition.
Fourth. — To require the inhabitants to provide as man}^
fire buckets and in such manner and time as they shall
prescribe, and to regulate the use thereof in times of fire ;
and to require all owners and occupants of buildings to con-
CITIES. 739
struct and keep in repair wells and cisterns upon the
premises,
Fi^th. — To regulate and prevent the carrying on of works Manufactories.
and manufactories dangerous in promoting or causing
fires.
Sixth. — To regulate, prevent and prohibit the use of fire Fireworks.
works and fire arms.
Seventh. — To direct and prohibit the management of Gunpowder,
houses for the storing of gunpowder and other combustible
and dangerous materials, within the city, to regulate the
keeping and conveying of the same, and the use of candles candies,
and other lights in stables and other like houses.
Eighth. — To regulate and prescribe the manner and or- Parapet fences.
der of the building of parapet and partition walls and of
partition fences.
Ninth. — To compel the owners or occupants of houses or scuttles
other buildings to have scuttles in the roofs, and stairs or
ladders leading to the same.
Tenth. — To authorize the mayor, fire-warden or other offi- ^gj^^^j'^'""^ p®""
cers of said city, to keep away from the vicinity of any fire
all idle or suspicious persons, and to compel all ofiicers of
the city and all other persons to aid in the extinguishment
of fires and in the preservation of property exposed to
danger thereat, and in preventing goods from being
stolen.
JEle'c',enth. — And generally to establish such regulations for General reguia-
the prevention and extinguishment of fires as the city
council may deem expedient.
§ 3i The city council may procure fire engines and all Engines.
other apparatus used for the extinguishment of fires, and
have the charge and control of the same, and provide tit
and secure houses and other places for the preserving and
keeping the_ same ; and shall have power-
Eirs ~
panics.
Second. — To appoint during their pleasure a competent Firemen,
number of able, suitable and respectable inhabitants of the
city firemen, to take the care and management of the en-
gines and other apparatus and implements used and provi-
ded for the extinguishment of fires.
Third. — To prescribe the duties of firemen and to make 'Dntiea of fire-
rules and regulations for their government, and to impose ™^°'
reasonable penalties upon them for any violation of the
same, and for incapacity, neglect of duty or misconduct to
remove them.
fourth. — The city council shall have power to appoint a Engineer,
chief and assistant engineer of the fire department, and
they, with the other firemen, shall take the care and man-
agement of the engines and other apparatus and implements
provided and used for the extinguishment of fires ; and
740 CITIES.
their powers and duties shall be prescribed and defined bj
the city council.
Exemption. § 4. The members of the city council and iiiemen shall,
during their terms of service as such, be exempted from
servino; on juries, in the . militia, or working on the streets
or paying any tax for the same. The name of each tireman
shall be registered with the clerk of the city, and the evi-
dence to entitle him to the exemption provided in the ordi-
nance shall be the certificate of the clerk, under the corpo-
rate seal, for the year in which exemption is claimed.
ARTICLE XI,
Report of
finances.
Supervisoi-.
MISCELLANEOUS PKOVISIONS.
§ 1, The city council shall, at least ten days before the
annual election, in each year, cause to be published in the
newspaper publishing the city ordinances, a full and correct
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 divisions and wards
of the city, for making and repairing streets, highways and
bridges, together with such other information as may be
necessary to a full understanding of the financial concerns
of the city.
§ 2. The inhabitants of the city of Danville are hereby
exempted from working the roads beyond the limits of the
city, and from the paying the tax in lieu thereof, without
said limits.
§ 8, The supervisor shall demand .the services of all
persons who are required to labor upon the streets and
alleys of the city, at such time and place, and in such man-
ner as the city council may direct, or the supervisor 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 M^itten or printed or
partly written or partly printed notice, in such form as the
city council shall prescribe, which notice shall be given at
least five days previous to the day which he or they are
required to labor, requiring such person to ap])ear at such
time and place as way be designated, for the purpose of
laboring upon the streets and alleys ; but a simihir notice
published for ten days in the newspaper publishing the
ordinances of the city, by the supervisor, or posted up in
three of the most public places of the ward or district,
shall be deemed a sufficient notice to require all persons to
appear and labor as aforesaid. Upon the neglect of any
one to appear and labor as aforesaid, or pay the tax, the
CITIES. 74:1
collector shall collect from such person the sum of five Amount of
dullurs, with his commission for the same added thereto. penalty,
§ 4. The city council shall have power to make, estab- Boundaries,
lish and declare the boundaries and names uf the streets
and alleys of the city.
§ 5. All lines, forfeitures and penalties, collected for Penalties.
offenses committed within said city, shall be paid into the
treasury ot said city by the officer collecting the same, and coiieciiiu.
all times and forfeitures collected of any citizen of said city,
for any conviction in the circuit court, shall he paid over in
like manner.
§ 6. The city council shall have power to require that Town additions.
all additions hereafter made to said city, or all lands adjoin-
ing, or within the same, laid out into lots or blocks, shall be
so laid out or platted, as to correspond and conform to the
regular blocks, streets and alleys, already laid out and
established within the city.
§ 7. The' city council shall, in all expenditures for pur- Pioportionmer.t
poses strictly local, expend annually, in the several natural '^ «'^p«"^«^-
divisions of the city, such proportion, as near as may be, of
the whole expenditures for like purposes during the same
period, as will correspond to the several sums contributed
by each division, to the general fund. Street taxes shall be
expended in the several wards or divisions where the per-
sons paying the same may respectively reside.
§ 8. The supervisor, in addition to the penalties pre-
scribed by ordinance shall, for willful neglect of duty, be
liable to indictment and tine, in the same manner as super-
visors, under the laws of the state.
§ 9. Neither the city council or mayor shall remit any Remittance o/
fine or penalty imposed upon any person for a violation of
any laws or ordinances of said city, or release from con-
finement, 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 nuisances within its jurisdiction, by
indictment or otherwise.
§ 10. iS^o vote of the city council shall be reconsidered or votes re-conaitj-
rescinded at a special meeting, unless the meeting be called "^'*'
in whole or in part for that purpose, and the afdermen be
so notified, and unless at such special meeting there shall
be present as large a ifumber ot aldermen as was present
when the vote was taken.
§ 11. Every ordinance, regulation and by-law, imposing Pnbiieation of
any penalty, fine, imprisonment or forfeiture for a violation ^"''"'''""^•
of its provisions shall, after the passage thereof, be published
three days in the newspaper publishing the city ordinances
and proof of such publication, by the atfidavit of the printer Evidence or.
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 con-
7i2 CITIES,
elusive evidence of the legal publication and promulgation
of such ordinance, regulation or by-law, in all courts and
places.
Actions-how § 12. All actions brought to rccovor any penalty or foi'-
conducted. feiturc, incurred under this act or any ordinance, bylaw or
police regulation, made in pursuance thereof, shall be brought
in the corporate name. It shall be lawful to declare gener-
ally in debt for such penalty, fine or forfeiture, stating 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 of it.
Vioiationa. § 13. In all prosecutions for a violation of any ordinance,
by-law or other regulation, the first process shall be a sum-
mons, unless oath or aftirmation be made for a warrant as
in other cases.
Execution- § ^'^- Exccutiou may be issued immediately on rendi-
how conducted tioii of judgment. If the defendant has no goods or chattels,
or real estate within the county of Vermilion, \vhereof the
judgment can be collected, the execution shall require the
defendant to be confined in the county jail or workhouse.
Time— commit- Or city prison, for a period not exceeding six months in the
ment. year, in the discretion of the court rendering judgment,
and all persons who ma}^ be committed under this section
shall be confined one day for each dollar of such judgment
and costs. All expenses incurred in any execution for the
recovery of any fine, penalty or forfeiture, when collected,
shall be paid into the city treasury.
Quaufications of § 15. No pcrsou shall bc an incompctcnt judgo, justicc,
citizens. witness or juror, by reason of his being an inhabitant or
freeholder in the city of Danville, in any action or proceed-
ing in which said city may be a party in interest.
Previous ordi- § 16. All Ordinances, regulations and resolutions now in
nances. forcc in the city of Danville, and not inconsistent with this
act, shall remain in force under this act until altered, modi-
fied or repealed bj^ the city council, after this act shall take
effect; and all ordinances, regulations and resolutions, and
all acts proceedings, matters and things of any and every
name and nature whatever, done or provided to be done by
the city council of the city of Danville, before this act shall
take effect, are hereby made and declared to be valid.
Actions in suit, § IT. All rights, actious, fines, penalties and forfeitures,
accumulation ^jj g^jj- q^. otherwise, which have liferetofore accrued to the
city at any time, shall be vested in, and may be prosecuted
by the corporation hereby created.
Town property. § 1^. All property, real, personal and mixed, belonging
to the city of Danville, is hereby vested in the corporation
created by this act ; and the officers of the same now in
office shall respectively continue in the same until super-
seded in conformity to the provisions hereof, but shall be
governed . by this act, which shall take effect from and after
its passage.
CITIES. 743
§ 19. All ordinances of the city, when printed and pub- Validity of ordi-
lished by authority of the city council, shall be I'eceived in ''^°°"-
in all courts and places without further proof.
§ 20. The style of all ordinances shijU be, " Be it style of ordi-
ordained by the city council of the city of Danville."
§ 21. Any tract of land adjoiniue; said city, which may Additional
be laid off into lots or blocks, and duly plaited accord- ''''''' °* ''^'''^•
ing to law, and any tract of land adjoining the city, with
the consent of the owner thereof, shall and may be annexed
to the same and form a part thereof.
§ 22. This act shall not invalidate any legal act done by Thit=actnot
the city council oi the city of Danville, or by its officers, nor conflicting.
divest their successors under this act of any rights of pro-
perty, or otherwise, or liability which may have accrued to,
or been created by said corporation prior to the passage of
this act.
§ 23. All officers of the city created conservators of the Powers of city
peace by this act, or authorized by any ordinance, shall '^*°^''^-
have power to arrest or cause to be arrested, with or without
process, all persons who shall break the peace or threaten to
break the peace, or be found violating any ordinance of this
city, commit for examination, and if necessarj^, detain such
person in custody over night, or the Sabbath, in the watch- specifications.
house or other safe place, or until they can be brought
before a magistrate ; and shall have and exercise sucli other
powers as conservators of the peace, as the city council may
prescribe.
§ 2i. There shall be a digest of the ordinances of the P'sest of ordi-
city, which are of a public nature, published within three "'^'"^^^*
years after the passage of this act, and a like digest within
any period of three years thereafter.
§ 25. The city council shall have power to make regu- Health reguia-
lations to secure the general health of the inhabitants ; to *'°°^'
declare what shall be a nuisance, and to prevent and remove
the same.
§ 26. This act shall not take effect as the charter of the submitting this
city of Danville, unless a majority of the legal voters of "''^^'
said city voting at an election, hereinafter provided, shall
cast their votes for the adoption of the same ; said election
to be held on the third Monday in the month of April, a. Time of eiec-
D. 1867, as other elections in said city are now held, upon ^'°°'
notice to be given by the clerk or attorney of the present
board ; said notice to be posted up in five public places in
said city. If from any reason or circumstance the election Regulations.
for the adopting this charter, by the voters of said city, can
not be held upon the day last above named, such election
may be held upon any subsequent day, to be determined bv
the town council of the town of Danville, giving thirty days'
notice of said election, in at least five public places in said Notices.
city, by posting notices of the same. The returns of said
eleqjtion, held as aforesaid, shall be certified by the officers
744 CITIES.
of the election, and shall be placed on file in the office of
the clerk of the circuit court of Vermilion county, Illinois,
and it shall not be necessary in any proceeding, either in
law or in equity, to prove that this charter was ad(jpted by
of the people, but such proof shall be a matter of defense by
showing that such charter was not adopted by the vote of
the people, by reference to the return of the election as
in this section provided for.
Publication of § 27. Ecfore tlie election required to be held by the
*""'"' preceding section, the present board of the city shall cause
this act to be published in the newt-paper of the city, or in
pamphlet form, as they select, and have the same distributed
among the itdiabitants of said city.
§ 28. This act to be a public one, and to be in force from
and alter the passage of the same.
Approved March 7, 1867.
Evidenne
adoption,
this act.
In force March AN ACT to amend an act entitled " An act to incorporate the city of Sa-
'^'l^'''- Iem,"passed and approved February 16th, I860.
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the General Assembly, That sec-
^Tcil°4 Imend ^^^^^^ ""^ ^^ article four (4) of the act to incorporate the city of
t_ice , amend- gg^j^,^ ^^ g^ amended that the police magistrate for said
city shall be elected on the first Monday in April, one thou-
sand eight hundred and sixty-seven, and to hold his office
for a term of four years and until his successor shall be
elected and qualified ; and an election shall be held on the
first Monday of April, every fourth year thereafter, for the
purpose of electing said police magistrate ; and the clerk
of said board shall give notice of said election, as is pro-
vided by law in other cases of election of city officers.
Part of section § 2- That SO mucli of scction two (2), article five (5), of
arnencled. '' ^^^^ ^^^ entitled " Au act to incorporate the said city of Sa-
lem as authorizes the county clerk of said county of Marion
to keep a book, with list of tax-payers in said corporation,
and authorizes the collector of Marion county to collect the
revenue of said city, is hereby repealed, and that the city
council of said city shall appoint an assessor and collector
for said city, at their first regular meeting in each year.
Said assessor and collector shall keep a book and nuike an
alphabetical list of the tax-payers in said corporation, and
])erform_ all the duties, be entitled to the same fees, and
make his returns to the treasurer of said city, the same as
now required by section two (2), article five (5), of said act,
and the collection of taxes shall be enforced in the same
manner, [asj judgments rendered by the same courts, as is pre-
Assessors'
bonds.
ibit of
Removal of.
CITIES. Y45
scribed by section five (5), article two (2), of said act. The
said assessor and collector shall give bond to said city coun-
cil in double the amount of revenue to be collected condi-
tioned to the faithful discharge of his duties and for the pay-
ment ot all moneys collected, to the treasurer of said city
upon the order of the city council, said bond to be approved
by the city council. And the said assessor and collector Exhibi
siiall make an exhibit of all his actings and doino-s to said ^°°^''
board as often as they may require it. That he n?ay be re- Remov
moved trom ofhce for neglect of any of the duties required
by this act, upon a vote of two-thirds of the city council.
§ 3 That the revised survey of the original town of Sa- surveys le.ai-
lem, Marion county, as made and platted by Eichard Atkin ""'^•
by order and direction of the city council of said city and
adopted at a meeting of said city council, held on the ninth
(Jthj day of February, one thousand eight hundred and
sixty-seven, is hereby legalized; and the boundaries of the Boundaries
lots and squares and the width of the streets and alleys in established,
said original town of Salem are hereby established by said
survey; and said plat shall be recorded in the recorder's piats recorded
?• Lv^® county of Marion; and from and after the
time of filing same lor record, as aforesaid, shall be deemed
and taken as the plat of said original town of Salem ; and
that this act take effect from and after its passao-e
Appkoved March 6, 1867. ^
AX ACT to amend an act entitled " An act to charter the city of Ottawa," In force may 7,
approved February 10th, A. D. 1853. 1867.
Section 1. £e it enacted hy the People of the State of
Uhnots represented in the aeneral Assembly, That the cor- p , • .
porate limits of the city of Ottawa be extended, so as to in- ^^^ li-
elude the south eighty acres of the north half of section two ""
the southwest quarter of section one, the west twenty acres'
of thesou heast quarter of section twelve, and the west half
of the northwest quarter of section thirteen ; all in township
diir y-three north, of range three east of the third principal
/ o ^^°^/° ^^ ^^^^^ "°^°*:>^' ^°d state of Illinois. ^
vidVt'h. t f^ '°'''''i! °^ f'^ '^^^ '^^^^ ^^^^ P^^e^ to di- Division Of ter-
vide tlie teiritory mentioned in section one of this act into JJ'^'-y '^^^^^ ste-
wards, or to attach the same to the present wards of said ^^^"
an"H 'ninLc nf f f • ^''. ^/ '^^^ '^.^^' ''^"^ amendments thereto,
and all laws of this state pertaining to said city are hereby
extended over the territory described in section one of this
Appkoved March 7, 1867.
Vol. 1—67
746
Changes of
venue.
In force March AN ACT to amend ai\ act incorporating the city of Knoxville, passed Feb-
7,1867. ruary 10, 1853.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly^ That the
Jurisdiction of pnlicG magistrate of the city of Knoxville shall have jiiris-
^?Ites. '"''^''' diction in all suits for any violation of the city ordinances
of said city. Changes of vteinie may be taken from said po-
lice magistrate to other justices of the peace as now pro-
vided by law for change of venue from justices of the peace ;
and, in any case when a change of venue shall be taken from
said police magistrate to any other justice of the peace, said
Justices powers justice shall have power to try said cause, so brought before
him, and is hereby authorized and directed to try such cause
so brought before him, and render judgment therein in the
same manner and to the same extent that said police magis-
trate could have done had such change of venue not been
taken.
Judgments and § 2. Upou the rendition of judgment against any de-
executions, feiidant for violation of city ordinances of said city, the
police magistrate, or justice by whom said judgment shall
be rendered, shall immediately issue an execution, and
place the same in the hands of the city marshal for collec-
tion ; and no other property shall be exempt from levy and
sale under such execution for convictions under the statutes
for assault and battery.
§ 3. Any person who may be lined for any violation of
any ordinance of said city, may replevy said fine, by enter-
ing into bond with said city, with good security, to be ap-
proved by the police magistrate or justice before whom
judgment is rendered, for the payment of such line and costs,
within ninety days from the date of said judgment ; and if
such judgment and costs be not then paid, the original
judgment shall become a judgment against both principal
and security; and said police magistrate or justice, before
whom such judgment is rendered, shall forthwith issue ex-
ecution against said principal and security, in the same
manner as against the principal.
§ 4. All appeals to the circuit court of Knox county
from judgments for violations of city ordinances of said city,
shall be taken on the day of trial, and the securities be ap-
proved by said police magistrate or justice before whom
judgment is rendered, and the defendant shall have live
days within which he may tile his appeal bond with the
police magistrate or justice before whom judgment is ren-
dered.
Proceedings in § 5. lu all cascs of couviction for violation of the city or-
vfctton^for'v°iS- diuanccs of said city, the police magistrate or justice before
lation of ordi- whoui judgment is rendered, and on appeal to the circuit
court of Knox county, shall order that defendant or defend-
ants shall stand committed until the fine and costs are paid
Replevies.
Appeal.'^
CITIES. 747
or replevied ; and in all such cases it shall be the dut}' of
the city marshal of said city, or sheriff of said county, to
commit the defendant or defendants to the county jail of
Knox county, there to remain till the tine and costs are
paid, or they be otherwise discharged by due process
of law.
§ G. The city of Knoxville shall not be required to give security for
security for costs in any case, nor shall any security be re- '^''^'^•
quired upon any appeal bond to be executed by said city.
The signature of the mayor and clerk of said city, under Evidence of the
the corporate seal of said city, to any appeal bond, shall be boud"!'°^ *^^
deemed a good and sufficient execution of said bond.
§ 7. This act shall be deemed a public act, and be in
force and take effect from and after its passage.
Approved March 7, 1867.
AN ACT to amend an act entitled, "An act to incorporate the city of in force March
Freeport," in force February 14, 1855, and the several acts amendatory ^, 1^07.
thereto.
Section 1 . Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That in Additional pow-
addition to the powers conferred by the charter of said city, ers conferred,
the city council shall have power, by ordinance, to levy and
collect an annual tax on the real and personal estate within
the limits of the city, not exceeding twenty-five cents on
each one hundred dollars, on the assessed value thereof;
which tax, when collected, shall be set apart and held
separate and distinct from the other portion of the city
revenue, and kept as a special fund for the payment of inte-
rest on the outstanding bonds of the city, and for the pay-
ment and liquidation of such bonds at maturity, and for no
other purpose whatever : Provided, that said tax shall be proviso,
levied and collected at the same time and in the same man-
ner that the general taxes are levied and collected by said
city.
§ 2. The city council shall have power and authority Borrow money,
to borrow money on the credit of the city and issue bonds
of said city therefor, drawing such rate of interest (not ex-
ceeding ten per cent, per annum,) as the city council may
determine : Provided, that no sum or sums of money shall Proviso,
be borrowed which, together with the outstanding bonds of
the city, shall at any time excued, in the aggregate, the sum
of twenty-live thousand dollars, unless duly authorized by
the legal voters of the city, at a special election ordered by
the mayor for that purpose. The mayor, in his proclama-
tion ordering such special election, shall state the amount
and objects of the loan proposed to be made, and shall
cause the same to be published in the newspaper publishing
the ordinances of said city for thirty days immediately pre-
7i8
Section 3, of ar-
ticle 1. amend-
ed.:
■Regulalion of
insurance
agencies.
'Goiiucilmen no*
■to be contract-
ors, etc.
Rf-lease of prif
oners from
cu.stody.
City not liaMe
for costs.
Town officers'
salaries.
Street improve-
ments.
ceding the day appointed for the holding of such election ;
and if a majority of all the votes cast at said election shall
he in favor of any such loan the same may be negotiated
and not otherwise : jbid^ p?wided, further, that the annual
interest on the outstanding bonds of the city, together with
the interest on subsequent issue of bonds under either or
any of the provisions hereof, shall never exceed one-half of
the revenue anniiaily derived from the general tax levied by
said city upon the real estate within the limits of said
city.
§ 3, That section three of article one of the city charter
be so amended as to authorize and empower said city to
levy and collect taxes on all parcels of land and lots within
the boundaries of the city, in the same manner and for the
same purposes that other real estate in said city is taxed,
whether said parcels of land and lots exceed ten acres or
not. And all lands and lots that shall hereafter be annexed
to and form a part of said city shall be taxed for city reve-
nue and other purposes the same, and in the same manner,
and for the same purposes, that other lands and lots are
taxed by said city.
§ 4. That, in addition to the powers conferred by the
charter of said city, the city council shall have power,
within the jurisdiction of said city, by ordinance, to regulate
agencies of all insurance companies, and to license, tax and
regulate agents of all such insurance companies doing busi-
ness in said city.
§ 5. The mayor of the city, nor any member of the city
council, during their term of office, shall be permitted to
become a contractor or be in any way personally interested
in any contract with the city for the performance of any
job, work or labor, or for the furnishing of any material,
goods, chattels, wares, merchandise or things, let or to be
Jet, purchased or contracted for, by or on account of said
city.
§ G. Any })erson in custod}^ in said city for the non-
payment of any line, penalty or forfeiture adjudged against
him or her, for a violation of au}^ ordinance of said city,
may be released from custody by the city council, upon a
vote of two-thirds of all the aldermen elected ; but such
release shall not discharge such person from the payment
of the fine and costs.
§ 7. The city shall not be liable for costs, when the
defendants are acquitted, or in any other case arising under
the charter or ordinances of the city ; and the city'council
may provide for the payment to police magistrates and
police officers of a sum in gross, in lieu of all fees and costs
and charges against the city.
§ 8. The cit}^ council shall have power to open and lay
out public grounds or squares, streets alleys and highways,
and to alter, widen, contract, straighten and discontinue the
provements.
CITIES. 749
same ; but no street, alley or highway, or part thereof,
shall be discontinued or contracted without the consent, in
writing, of all persons owning land or lots adjoining said ^
street,"alley or highway. They shall cause all alleys, streets Records and
and highways, or public squares or grounds, laid out by «""®ys-
them, to be surveyed, described and recorded in a book to
be kept by the clerk, showing accurately and particularly
the proposed improvements, and the real estate required to
be taken, and the same, when opened and made, shall be
public highways and public squares.
S 9. Whenever any street, alley or highway, public App.-opmtion
" - , •' , ' 1 1 • 1 I T ot lands for
ground or square, is proposed to be laid out, opened, ai- street
tered, widened or straightened, by virtue hereof, and the
amount ot compensation can not be agreed upon, the city
council shall give notice of tlieir intention to appropriate
and take the land necessary for the same to the owner
thereof, by publishing said notice for ten days in the news-
paper publishing the ordinances of the city ; at the expira-
tion of which time they shall. choose, by ballot, three
disinterested freeholders, residing in the city, as comrxiis-
sioners, to ascertain and assess the damages and recompense
due the owners of said real estate, respectively, and, at the
same time, to determine what persons will be benefited by
such improvements, and asses the damages and expenses
thereof on the real estate benefited thereby, in proportion,
as near as may be, to the benefits resulting to each. A
majority of all the aldermen authorized by law to be elected
shall be necessary to a choice of such commissioners.
S 10. The commissioners shall be sworn faithfully and commissioneis'
.11 ,.,. ,1 p .^ ■ ^ •^• duties therein.
impartially to execute their duties to the best ot their abili-
ties, before entering upon their duties. They shall give
at least five days' notice to all persons interested of the time
and place of their meeting for the purpose of viewing the
premises and making their assessment ; which notice shall
be given personally, if the owners are residents and known,
or by publication in the newspaper publishing the ordi-
nances of the city, if non-residents or unknown. Tliey
shall view the premises, and, in their discretion, receive
any legal evidence, and may, if necessary, adjourn from
day to day.
H 11. If there should be any building standing, in whole vaiue of buii.i-
or m part, upon the land to be taken, the commissioners, taken, etc.
before making their assessment, shall first estimate and de-
termine 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.
§ 12. At least five days' notice shall be given to the Notice to own-
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 un-
750 CITIES.
known, a like notice to all persons shall 136 given in the
Commissioners' ne^yspaper publishing the ordinances of the city. Such
'^^^^'^ ^' notice shall specify the buildings and the award of the
" commissioners, and shall be signed by therh. It shall also
require the persons interested to appear by a day to be
named thei'ein, or give notice of their election to the city
council either to accept the award of the commissioners and
allow such building to be taken with the land condemned
or appropriated or of their intention to receive such build-
ing at the value set thereon by the commissioners to remove.
^^uTidlnU*^*^ If the owner shall agree to remove such building, he shall
have such reasonable time for that purpose as the city-
council may direct.
Refusaito § 13. If the owuer refuses to take the building at its
remove. appraiscd value to remove, or fails to give notice of his in-
tention, as aforesaid, within the time prescrilied, the city
Sales of build- couucil 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.
Assessments § 14. The commissiouers ehall thereupon proceed to
and damages, j-j^^j^g their asscssment and determine and appraise to the
owner the value of the real estate appropriated and the in-
jury arising from the condemnation thereof, which shall be
Damages. awarded to such owner, as damages, after making due allow-
ance therefrom for any beneiit which such owner may
derive from such improvement. In the estimate of dam-
age to the land the commissioners shall include the value
of the building (if the property of the owner of the land,)
as estimated by them, as aforesaid, less the proceeds of the
sale thereof; or, if taken by the owner at the value to re-
move, in that case they shall only include the difference
between such value and the whole estimated value of such
buildings.
nifferences and g 15. If the dauiagcs to any person be greater than the
balances. |jenefit rccoived, or iflhe benefit be greater than the dama-
ges, in either case the commissioners shall strike a balance,
and carry the difference fiu-ward to another column, so that
the assessment may show what amount is to be received or
paid by such owners, respectively, and the difference only
Proviso. gi^^]l jjj a^„y case be collected of or paid by them. : Provided^
that in case the entire benefits to all property holders inte-
rested shall exceed the entire damages assessed by such
commissioners, then, in that case, the persons deemed to be
benefited shall only be required to pay,^j>ra rata, upon the
amounts of the benefits so assessed, a sufficient amount to
pav the damage so assessed, as aforesaid.
Assessment of '^ If,, Ilaviug ascertained the damages and expenses of
(amages. ^^^^j^ improvements, as aforesaid; the commissioners shall
thereupon apportion and assess the same, together with the
costs of the proceedings, upon the real estate deemed by
CITIES. T51
them benefited, in proportion to the benefit resulting from
the improvements, as nearly as may be, and shall describe
the real estate upon which their assessments may be made.
When completed, the commissioners shall sign and return
the same to the city council within thirty days of their
assessment.
§ 17. The clerk shall give ten days' notice, by piiblica- xotke of return
tion in the newspaper publishing the ordinances of the city, of assessment,
that such assessment has been made and returned, and, on
a day to be specified therein, will be confirmed by the city
council, unless objections to the saAe are made by some
person interested. Objections may be heard before the
city council, and the hearing may be adjourned from day to
day. The council shall have power, in their discretion, to
confirm or annul the assessment, or refer the same back to
the commissioners. If annulled, all the proceedings shall
be void. If confirmed, an order of confirmation shall be
entered. If referred back to the same or other commission-
ers, they shall proceed to make their assessment and return
the same in like manner and give like notices as herein
required in relation to the first. And all parties in interest
shall have the like notice and rights, and the city council
shall perform like duties and have like powers, in relation to
any subsequent determination, as are herein given in rela-
tion to the first.
§ 18. When the assessment of the commissioners shall Levying and
11 J- M 11 11 111- assessing the
have been nnally confirmed and approved by the city conn- amounts of as-
• 1,1 -, •! 1 i.1 L- !• sessments, etc.
cil, the city council may, by the passage of an ordinance or
resolution, to be entered in full upon the journals by the
city clerk, levy and assess the amount of such assessment
against the lots and real estate upon which the same is
assessed by the commissioners, and direct that a warrant
issue for the collection of the same; and the amount so
assessed is hereby declared a special tax, for the purpose special taxes,
for which it shall have been assessed, and a lien until paid
upon the real estate so reported to be benefited thereby,
and may be collected in the same manner as other corpora-
tion taxes are collected for the time being. And should S"^"*^ ^^"^ '"^cov-
the owner of any land upon which any special taxes
assessed be unknown he may be so described in all pro-
ceedings to assess and collect the same. Such assessment
may, also, at any time after the approval and confirmation
thereof, be collected of the owner of the lot or real estate
against which the same is assessed and recovered by suit in
the name of the city, before any court having jurisdiction,
§ 19. The council shall have power to remove commis- Remov.ai of
sioners, and from time to time appoint others in place of '=°'"'"'^«'°°"'«
such as may be removed or refuse, neglect or are unable
from any cause to serve.
§ 20. The land required to be taken for the making, Appropnation
opening, widening, straightening or altering any street, *" ^^"^ '
tracts, agree-
allej or other higliway or public ground or square, shall
not be appropriated until the damages therefor awarded to
any owner thereof under this act, shall be paid or tendered
to such owner or his agent, or in case such owner or his
agent can not be found within the city, deposited to liis or
their credit in some safe 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 improvements, and such streets, alleys or other
highways or public grounds may be made and opened.
Covenants, eon- § 21. When the wholc of any lot or parcel of land or
other premises under lease or other contract, shall be taken
for any of the purposes aforesaid by virtue of this act, all
• the covenants, contracts and engagements between landlord
and tenant or any other contracting parties touching the
same or any part thereof shall, upon the confirmation of the
report of the commissioners, respectively cease and be
absolutely discharged.
Contracts in § 22. When part only of any lot, parcel of land or other
parts only of ppgj^^^jggg gQ ^ndcr Icasc or contract, shall be taken for any
of the purposes aforesaid by virtue of this act, all the cove-
nants, contracts, agreements and engagements respecting
the same upon the confirmation of the report of the com-
missioners, shall be absolutely discharged as to that part
thereof so taken, but shall remain valid as to the residue
thereof, and the rents, considerations and payments reserved
payable and to be paid for, or in respect to the same shall
be so appropriated as that the part thereof justly and equi-
tably payable for such residue thereof, and no more, shall
be paid or recovered in any respect of the same.
Appeals § 23. Any person interested may appeal from any linai
order of the city council for opening, widening, altering or
straightening any street, alley or other highway, or public
ground, to the circuit court of Stephenson county by notice,
ill writing, to the mayor at any time before the expiration
of twenty days after the passage of said final order. In
case of appeal the city council shall make a return within
thirty days after notice thereof, and the court shall at the
next term after return filed in the ofhce of the clerk thereof,
hear and determine such appeal and confirm or annul the
proceedings, from which judgment no appeal or writ of
error shall lie. Upon the trial of the appeal, all questions
involved in said proceedings, including the amount of dam-
ages shall be open to investigation upon such testimony as
may be adduced to the court by the respective parties, or
upon 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, and
the burthen of the proof shall in all cases be upon the city
to show that the proceedings are in conformity with this
act.
CITIES. 753
§ 24. In all cases where there is no agreement to the Expense of as-
contrary, the owner or landlord, and not the tenant or ^^lom'^paidy''^
occupant, shall be deemed the person who shall and ought
to pay and bear every assessment made for the expenses of
any public improvement. Where any such assessment shall
be made upon or paid by any person, when by agreement
or by law the same ought to be borne or paid by any other
person, it shall be lawful for the one so paying to sue for
and recover of the persons bound to pay the same the
amount so paid with interest, jN"othing herein contained
shall in any way impair or affect any agreement between
landlord and tenant or other person respecting the payment
of such assessments.
§ 25. The city council may, by ordinance, make any ciian^e^in pro-
changes they may deem advisable in the proceedings herein
prescribed for ascertaining the damages and injury occa-
sioned to any person or real estate by reason of the con-
demnation of such real estate, or any real estate upon which
any buildings may be situated in the whole or in part, and
the assessment of such damages and injury upon persons
or real estate benefited by the improvement, and in all such
other respects as experience may suggest.
§ 26. When any known owner or other person, having Proceeding in
an interest in any real estate, residing in the city or else- <='*'5e°f"i''^'^'^-
where shall be an infant, and an}'- proceedings shall be had
under this act, the judge of the circuit court of Stephen-
son county, the county judge of said county or any judge
of the supreme court may, upon the application of the city
council or such infant, or his next friend, appoint a guardian
for such infant, taking security from such guardian for the
faithful execution of such trust and all notices and sum-
mons required by this act shall be served on such guardian.
§ 27. The mayor of the city shall have such salary as salaries,
may be fixed by ordinance or resolution, not exceeding
three hundred dollars per annum. And each alderman
shall receive such compensation for his services as the
council may allow, not exceeding one hundred dollars per
annum.
§ 28, That hereafter at the annual charter election of Election of ofa-
said city there shall be elected by the legal voters of the
city (in place of those appointed by the city council) one
city attorney, one city clerk, one city surveyor, one city
treasurer, and one street commissioner, who shall hold their
respective offices for one year, and until their successors are
elected and qualified. In case of a vacancy occurring in
either of said ofiices, the city council shall fill such vacancy
by appointment.
§ 29. That whenever the city council shall determine to ^freSprove-
lay out, open, alter, widen or straighten any street, alley or ments.
highway, public ground or square, or to grade, pave, mac-
adamize or plank, any street, alley or highway, or to cause
754:
Collection of.
Conflifting acts
lepealed.
any main drain, sewer or acqueduct to be constructed and
laid, relaid, cleansed or repaired, and shall cause the expen-
ses thereof to be assessed upon the real estate benefited
thereby under any provision of the city charter, or of any
law of this state, it shall be lawful for the said city council,
by an order or resolution, to be entered upon their records
by the city clerk, to declare and set apart such assessment
as a separate and special fund, to be applied only to the
purpose for which the same has been assessed, and to make
such regulations as they may deem necessary and proper
to secure the proper application and disbursement of the
same.
§ 30. That whenever any such assessment shall be so
set apart by order of the city council, the same shall be
collected and paid only in money or in such city warrants
as may have been prawn, payable out of such particular
fund.
§ 31. All acts and part of acts coming in conflict with
this act, shall be and the same is hereby repealed, and this
act shall take etfect and be in force i'rom and after its pas-
sage.
Approved March 9, 1867.
In fcvce March AN ACT supplementary to "An act to reduce the charter of the cit}- of
9, 1867. Chicago, and the several acts amendatory thereof, into one act, and to
revise the same," approved February IS, I860, and the several amend-
ments thereto.
Be it enacted by the People of the State of Illinois^
represented in the General Assembly :
CHATTER I.
. ASSESSMKXTS, TAX COMMISSIONERS, KTC.
Taxes — cora-
uiissioner of.
§ 1. The mayor shall, on the (irst Monday of March,
D. 1867, or as soon thereafter as practicable, and quadren-
nially thereafter, appoint by and with the advice and consent
of the common council, a commissioner of taxes, who shall
have been a resident of the city for three years, and a free-
holder in said city for at least one year prior to his appoint-
Oaih of office, mcnt ; said commissioner shall take and subscribe an oath
of office and shall enter into bond in the penal sum of ten
thousand dollars, with two or more sureties, to be approved
by the mayor, for the faithful performance of his otlicial
Salary. dutics. Tho Salary of said commissioner shall be annually
fixed in the appropriation bill by the common council.
^'^'»'0"- § 2. The commissioner first appointed shall, immedi-
ately after his qualification, proceed to divide said city into
CITIES. 755
as many and such convenient assessment districts, not ex-
ceeding eight, as he shall deem expedient, which shall be
known and designated numerically : Provided^ however, in Proviso,
making such districts, regard shall be had to the natural
divisions of said city: And, provided, further, that such rroviso.
division of said city into districts shall be submitted to and
be 8ul)ject to the approval of the common council : And Proviso.
provided, further, that such districting shall only be subject
to mDcliticatioii or alteration by a vote of three-fourths of all
the aldermen elected, such vote to be taken by ayes and
noes and entered on the records of the council.
§ 3. Said commissioner shall keep in suitable books to Accounts.
be provided for that purpose, a record of all information
which he nuiy be able to obtain in respect to the taxable
property and persons liable to taxation in said city, and all
changes in the ownership of real estate in said [city], of
which he can obtain information. He shall have power to
appoint suitable persons as clerks in said oftice, the number
to be limited and salaries iixed by the common council,
whose business it shall be under his direction to make and
from time to time amend and correct the record of the
property in the office of said commissioner, both as regards
the ownership and extent of such property by a daily ex-
amiimtion of the maps and conveyances which shall be left
for record in the office of the recorder of Cook county, and
also all maps in the office of the board of public works, Pubiic;\vork3.
which examination he shall be entitled to make, free of all
charges whatsoever during office hours.
§ 4. The common council shall, on the first Monday of '^luHes.'"'"^
March, a. d. 1SG7, or within thirty days from said time, and
biennially thereafter, appoint by ballot an assessor for each
division of the city, who shall be a freeholder in said divi-
sion, and have resided therein at least one year preceding
his appointment. The said commissioner of taxes and the
said assessors shall constitute the "Board of Assessors,"
the said commissioner being, ex officio, president of said
board.
§ 5. Said assessors so appointed shall take and subscribe oaih of office.
an oath of office, and shall enter into bonds in the penal
sum of five thousand dollars, with two or more sureties, to
be approved by the mayor, for the faithful performance of
their duties. The commissioner of taxes is hereby author-
ized to administer any oath required to be taken by this
act or by any law of this state. The said assessors are also
hereby severally authorized toadminister any oath required
by this act, or by the revenue or assessment laws of this
state.
§ G. The assessors shall, as soon after the first Monday valuations.
of May, in each year, as may be, under the direction and
supervision of the commissioner of taxes proceed to exam-
ine and determine the valuation of the taxable real and
756 CITIES.
personal estate in their respective districts. Scheclales of
all the taxable real estate in the several districts shall be
furnished by the commissioner of taxes to aid them in the
performance of tlieir duties upon which they shall enter
their valuations. Said commissioner, in making out said
schedules may take as his guide the assessment list or col-
lector's book of the previous year, and the list of subse-
quent conveyances, and such other data as he can find to
Appraisals. make them as nearly correct as possible. Said appraisal,
together with their appraisal of all the personal estate tax-
able in said city shall be completed and Hied in the office
lime. ,-^^- j.,^jj commissioner on or before the first Monday of
August in each year, unless further time shall be granted
by the common councu.
Revenue law. g 7, Said assessors shall not in any case assess taxable,
real or personal estate any less than its real or true value as
defined by the state revenue laws. All personal property of
every nature and kind having its actual sites within the city,
shall be assessed for municipal purposes in the district
where the same may be found, whether the owner resides
in the city or not; this provision to extend to and include
the proportion of rolling stock of all such railroad or rail-
way companies as run cars or trains into the city by lease
of roadbed or track, or by contract or arrangement with any
other railway company or corporation ; such propoi-tion to
be ascertained and apportioned in accordance with the stat-
utes regulating the assessment of the rolling stock of such
companies the same as though such company owned the
track or roadbed.
^'''"^^- § 8. The assessors of the several districts shall be fur-
nished with the necessary blanks to take a list of taxable
property in their several divisions, by the commissioner of
taxes. They shall call at the office, place of business or
residence of each person required by law to list his propertj'',
and at the office of every incorporated company, and re-
quire such person or the president, cashier, treasurer, secre-
tary, or other officer of such incorporated company, to make
a correct statement of his or its taxable property in accord-
ance with the provisions of law ; and the person listing the
property shall enter a true and correct statement of such prop-
erty and the value thereof, in a written or printed blank pre-
paretl for that purpose, which statement, after being filled
out, shall bo signed by the person listing the property, and
shall also be verified by his oath or affidavit.
^''''"^•'''' I 0. In every case where any person shall neglect or
refuse to nuike out and deliver to the assessor the statement
required by this act, or by the revenue laws of the state,
verified by oath or affirmation, in addition to the penalties
in such case provided by such laws, the common council of
said city may provide such other and further penalties as
will secure conqiliancc.
757
§ 10. In every case where any person or officer of a Ke<.'iect or
corporation whose duty it is to list any personal property, ^'*''"^'''-
moneys, credits, investments in bonds, stocks, joint stock
companies or otherwise, or any property of a personal na-
ture liable to assessment for taxation, shall have refused or
neglected to list the same when called on for that purpose
by the assessor, or to take and subscribe an oath or affirma-
tion in regard to the truth of his statement required to be
made, as aforesaid, or by any law of the state, when re-
quired by the assessor; the assessor shall enter opposite the
name of such person, in an appropriate column, '■'refused to
list" or "refused to swear," and in every case where any
person required to list property for taxation shall have been
absent or unable, from sickness, to list the same, the asses-
sor shall enter opposite the name of such person in an ap-
propriate column, the word "absent" or "sick." When the
assessors shall have completed the assessment of the taxa-
ble real and personal estate, of said city, they shall file the
same in the office of the commissioner of taxes, and fix
upon a day for the hearing of objections thereto; and the said
commissioner shall give notice of the time and place of such
hearing by six days' publication thereof in the corporation
new^spaper. Any person feeling aggrieved by the assess-
ment of his property may appear at the time specified and
make his objection.
§ 11. The said assessors, together with the commissioner rxevisement.
of taxes, constituting the board of assessors, shall meet at
the time and place designated to revise and correct their
assessments. They shall hear and consider all objections
which may be made, and shall have power to make all
proper corrections and supply omissions in their assessment;
and for the purpose of equalizing the same, to alter, add
to, take from and otherwise correct and revise the same.
They shall continue in session during the business hours of Time.
each and every secular day for the period of twenty suc-
cessive days; thereafter, no change, amendment, abate-
ment or alteration shall be made, nor shall any tax or
portion thereof be refunded. A majority of said board
shall constitute a quorum.
§ 12. When said revision shall have been completed. Lists.
the commissioner of taxes shall enter, in one or more books
to be prepared fur that purpose, a complete list of all the
taxable real estate in said city, according to the schedules as
returned and revised by the board of assessors, showing, in
a proper column to be ruled for that purpose, the names of
the dififerent owners, so far as known, to the said assessors ;
and in another column the amount of the valuation made in
each case. Said books shall also have ruled therein an ap-
appropriate column for extending or inserting the amount of
the tax which may be levied on said property. Said book
or books shall, together, constitute the tax list of real estate
loi
Personal pro
perty.
for such year. The commissioner of taxes shall also enter
in another book or books, to be prepared for that purpose, a
complete list of the taxable, personal estate in said city, aa
returned and revised by the assessors, showing in the proper
column the names of the different persons whose property
has been assessed, and in other columns the valuations made
by the assessors. iSaid books shall also have ruled therein
an appropriate column for extending or inserting the taxes
which may be levied thereon. Said book shall constitute
the personal tax list for such year. The commissioner of
taxes shall add up the valuations in each list, and the aggre-
gate anaount thereof shall be entered by hini at the foot of
the appro|>riate column on the last page. AVhen said tax
lists shall have been so completed, they shall be signed by
said assessors or a majority ot them and the tax commis-
sioner, after having been ascertained to be correct, and left
in the custody of said commissioner of taxes, and shall con-
Record, stitute the only record to be referred to in any case in which
their said assessments njay be drawn in question.
Levying money § 13. The couimon couucil shall thereupon, by an ordi-
]iance or resolution, levy such sum or sums of money as
may be suffi.cient for the several purposes for which taxes
are herein authorized to be levied (not exceeding the author-
ized per centage) particularly specifying the purposes for
which the same are levied.
Estimates. § 14. It shall be the duty of the commissioner of taxes
to estimate the several taxes levied by the common coun-
cil, computing them together as one tax, and to insert the
total amount of such taxes in the appropriate column of the
several tax lists, opposite to the person or property charge-
able therewith. AVlien completed, the tax commissioner
shall attach to each of said tax lists a warrant, to be signed by
the mayor, comptroller and tax commissioner, and the city
clerk shall affix the corporate seal and countersign the same
directed to the collector, commanding him to make, levy and
collect, as the taxes for such year, the several sums of mone}'
set opposite to the real and personal estate or person^ in
said tax lists mentioned or described, of the goods and
chattels of the respective owners of such real and personal
estate ; which warrants shall also designate the names and
rates of the several taxes included therein.
§ 15. Said tax lists, with the warrants attached, shall be
delivered to the collector by the comptroller, as heretofore,
who shall in all things proceed as now required by law.
§ IG. Every person who shall be guilty of Avillful and
corrupt false sw^earing or affirming, in taking any oath re-
quired by this chapter, shall be deemed guilty of willful and
corrupt perjury, and shall be punished accordingly.
§ 17. The common council, in order to remedy any un-
foreseen defect or omission, shall have the power at any
time, upon the recommendation of the commissioner of
Comptroller.
Perjury.
CITIES. 759
taxes, by ordinance, so to modify or add to the requirements
of this chapter as to perfect the assessments to be made in
said city for municipal purposes : Provided^ however^ that Proviso,
no such modihcation or addition shall be made uidess at a
regular meetingafter due publication thereof, and then only
by a vote of two thirds of all the alderme7i elected, said vote
to be taken by ayes and noes, and entered on the n)inntes
of the council ; and in case the same is vetoed by the n>ayor,
it shall require three-fourths of all the aldermen elected to
pass the same over sucli veto. The board of assessors
hereby created shall perform all the duties in relation to as-
sessing property for the purpose of levying the taxes im-
posed by the common council. The assessors in the per- Assessors—
Ibrmance of their duties shall have the same powers and ''^ •"''"** ° •
be subject to the same liabilities as are or may be given by
law to town assessors, unless otherwise provided in this
chapter. The state laws for the assessment of all taxable
real and personal property now in force or that may here-
after be adopted, unless in conflict with this chapter or the
acts to which this is an amendment, shall apply and govern
in making municij^al assessments.
§ IS. Personal property shall be listed for municipal Listing per3on<\i
purposes with reference to the quantity on hand and owned, P''''P"*^-
on the first day of April, in the year for which the property
is required to be listed, including the property purchased
on that day.
§ 19. When any person shall commence merchandising Merchandiziag.
in said city after the first day of April in any year, the aver-
age value of whose personal property employed in mer-
chandising shall not have been previously entered on the as-
sessors' list for taxation in said city, it shall be the duty of such
person to make out asworn statement of the probable average
value of the personal property by him intended to be em-
ployed in such business until the first day of April thereaf-
ter, and deliver the same to the tax commissioner, who shall
enter the same on the tax list of the proper division or dis-
trict, and shall pay to the collector of said city a sum which
shall bear the same proportion to the levy for all purposes
on the average value so employed as the time from the
day on which he shall commence merchandising aforesaid
to the first day of April next succeeding shall bear to one
year.
§ 20. When any person, firm or corporation shall com- Banking, etc,
mence or engage in the business of insurance, banking,
dealing in stocks of any description, or in buying or selling
any kind of bills of exchange, checks, drafts, bank notes,
promissory notes, or other kind of writing, obligatory or in
any other business whatever, after the fir-st day of April in
any year, the average value of whose personal property so
employed in such business shall not have been so entered on
the assessors' list for taxation in said city, it shall be the
760 CITIES.
duty of such person, or firm, or such corporation, by its
president, secretary, or principal accounting officer, to make
a sworn statement, and deliver the same to the tax com-
missioner, giving tally the probable average value of the
property by hini^ them or it intended to be employed in
such business until the first day of April thereafter, which
amount shall be entered on the tax list, and the tax collected
as in other cases.
Neglect or g 21. Sliould any person, firm or corporation fail or neg-
rehisai. |^^j. ^^ j^^^ke out sworn statements of their property, as re-
quired by the two preceding sections, and report the same
to the tax commissioner, it shall be the duty of the assessors
to assess them as therein required as nearly as may be, add-
ing thereto ten per cent, in addition to the existing pro-
visions of law.
O'^issions-how g 22. If any real or personal property shall have been
heretofore or shall hereafter be omitted in the assessment,
or on which the city for any cause shall have failed to col-
lect the tax of any year or number of years, the same, when
discovered or ascertained, shall be assessed by the assessor
for the time being, and placed on the assessment list with
the arrearages of tax that should have been assessed, with
six per cent, interest thereon from the time the same ought
to have been paid,
CHAPTER II.
BOARD OF PUBLIC 'WORKS.
Commissioners. § 1. The board of public works shall consist of three
commissioners, who shall be appointed on or before the first
Monday of April next by the mayor of the city of Chicago,
with the advice and consent of the common council, one froni
the south, one from the west, and one from the north divi-
sions of said city, each of whom shall have been a resident
of said city at least three years, and a resident freeholder
in the division of said city for which he is appointed at least
one year immediately preceding such appointment. Said
commissioners when appointed shall hold their offices for
Term of office, term of ycars following: the one for the south division of
said city for six years ; the one for the west division of said
city for four years ; the one for the north division of said
city for two years, and until the appointment and qualifi-
cation of their successors. The term of ofhce of one com-
missioner of said board shall expire every second year, so
that one conunissioner of said board shall be appointed
every second year from the division of the city in which
the commissioner resides whose term of office expires ; such
Vacancy. appointment being for the full term of six years. Should a
vacancy occur, it sliall be filled by appointment by the
CITIES. 761
mayor, with the advice and consent of the common council,
for the unexpired term.
^ 2. All acts or parts of acts now in force relating to the Previous acts,
board of public works as now constituted, not inconsistent
with the provisions of this act, are continued in force, and
shall apply to the board of public works as provided for in
this act,'and all the powers and duties conferred therein on
the present board shall be and are hereby conferred upon
the board of public works as provided for by this act ; and
all acts or parts ot acts inconsistent herewith shall be re-
pealed from and after the first Monday of April, a. d.
1867, and all such acts and parts of acts to be continued in
full force and effect until said date. The terms of office of
the present board of public works shall expire on said day,
or so soon as their successors are appointed and qualified
after such date. The salary ol the board of public works, salary,
as provided for in this act, shall be not less than three thou-
sand dollars annually, to be fixed by the common council.
§ 3. The board of public works of said city are, in addi- Proposals,
tion to the powers hereinbefore conferred, hereby author-
ized, from time to time, as it shall be deemed by them for
the interest of said city, so to proceed to advertise for propo-
sals for the construction or reconstruction or relaying of improrements.
all or any portion of the sidewalks which may be required to
be constructed or reconstructed or relaid during the whole
or any part of the municipal fiscal year in which such pro-
posals are received, according as the same shall be ordered
by the common council, or by said board, according to the
provisions of the act of which this is supplementary, the
general provisions of said act relative to the letting of work
and the execution of contracts, except so far as inconsistent
with the powers hereby granted, to apply to this section.
§ 4:. In case the prosecution of any public work should suspeasioa.
be suspended in consequence of the default of any con-
tractor, or in case the bids for doing any such work ig
should be deemed excessive, or the persons making propo-
sals not responsible or proper persons, the board of public
works may, if the common council shall, by resolution by
a three-fourths vote of all the members elected, authorize continuance.
them to do so, employ workmen and procure the necessary
tools and machinery and materials to perform or complete
any improvement ordered by the council: Promded the provuo.
expense thereof shall not exceed five thousand dollars.
§ 5. The common council shall have power to cause sewen
public sewers to be constructed and laid in the streets and
alleys and public grounds of said city ; to establish or
change the dock lines of Chicago river and of Chicago
harbor, so as to facilitate navigation on the same ; and to Harbor.^
cause water and gas service pipes, with their necessary
stop cocks and other fixtures, to be constructed and laid, so
Vol. 1—68
762 CITIES.
as to connect with the 2;as and water mains in the streets of
said city.
Application for § 6. The pfovisions of the acts to which this is supple-
improvement. j^gQ^ary, as to the manner of making application for any
improvement to be executed by said city, are hereby made
to apply to the improvements specified in the foregoing
sections.
Payment of iiH- § 7- After a strcct has been filled, curbed, macadamized
provements. or paved, or filled, curbed and graveled, it shall be lawful
for the common council to provide for the payment of any
subsequent improvement in whole or in part out of the
general fund.
Alterations. § 8. When in any case it shall be deemed necessary,
by the board of public works, to cause any sidewalk to be
raised, lowered, repaired or relaid, or any private drain to
be raised, lowered, repaired or cleansed, it shall be lawful
for said board to require the owner of the premises in front
of adjacent to, or upon which said improvement is to be
made, to make the same forthwith, or witliin such reasonable
time as the board of public works may prescribe, upon writ-
ten notice to that effect, or the board of public works may
cause the work to be done and paid out of any moneys in
the treasury at their disposal. Said board shall then report
to the common council fhe amount of said expenditure,
giving a description of the lots or premises liable therefor,
and the amount for which each is chargeable. The common
council shall thereupon assess the said expenses by an order,
ordinance or resolution, upon such lots respectively, and
the same may be collected by warrant and sale of the
premises, as in other cases. In like manner, when the
common council shall have ordered the construction, or
reconstruction, or repair of any sidewalk, private drain, or
gas or water service pipe, it shall be lawful for said board
to cause the work to be done and paid for, as above, or by
^ agreement with a contractor, payment to be made out of
A^isessmcnts on the spccial asscssmcut to be levied for the same, and shall
premises. ^^yfin rcport to the common council the cost and expense of
said work, with all proceedings relative thereto, giving a
description of the lots and premises to which said expense
is chargeable, and the connnon council shall thereupon
assess the said expenses upon such lots respectively, and
the same may be collected by warrant and sale of the prem-
ises, as provided above. 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 for his use, and
at his request. The common council may also, by ordinance,
impose such penalties upon the owners aforesaid, for any
neglect or refusal to comply with the aforesaid requirement,
not exceeding twenty dollars for each days' neglect, as to
the said common council shall deem most proper. All
CITIES. • 7G3
by said city with damages at the rate of one per cent, a
mouth thereon, for each and every month that any such
assessment shall remain unpaid, thirty days after the time
when public notice shall have been given by the city collec-
tor, that the warrant forsuch assessment has been received by
him for collection.
§ 9. Section eleven of chapter ix of said act, approved Amendment.
February 13, 1863, is hereby so amended that in case of
assessments made in accordance with the foregoing section,
damages on any assessments which shall remain unpaid
after the collector shall give public notice that he has
received the warrant for its collection, shall begin to accrue
at the rate of one per cent, a month, thirty days after the
date of such notice.
§ 10. It shall be lawful for the common council, on the Levying a tax.
recommendation of the board of public works, under the
provisions of section thirty-eight of chapter vii, of the
said act, approved February 13, 1863, to levy a tax for the
whole or any part of the expense for any improvement of
the character specified in said section.
§ 11. Under the provisions of section thirty-four (34,) of Borrowing
chapter v, of the act to which this is supplementary, "^°^^^'
approved February 13, 1863, the common council is hereby
authorized in the event that any improvement shall be
ordered, after the making of the annual appropriation,
some portion of the expense of which shall be assessed by
the commissioners of the board of public works, on some
lot or lots of land owned by said city, to appropriate and
borrow money for the payment of such assessments, as is
provided for other cases enumerated in said section,
§ 12. For the purposes specified in chapter xv, of Amount bor-
the act approved February 13, 1863, of which this is
amendatory and supplementary, the said city shall have
power to borrow, from time to time, a sum of money not
exceeding one million of dollars, and to issue bonds therefor, Bonds.
and all the provisions of said act, as to the issue, custody and
sale of water loan bonds and the custody and disbursement of
the proceeds thereof, shall apply to the loan hereby author-
ized, except as herein otherwise provided.
§ 13. If, from any cause the city has heretofore, or shall Tax warrant.
hereafter fail to collect any tax on the general tax warrant
of said city, in any year, or in case the receipt of the reve-
nues of said city shall fall short of the amounts appropriated
by the common council, it shall be lawful for the said coun-
cil to authorize the mayor and comptroller, to borrow a
suflicient amount of money to meet any such deficiency, for
any length of time not exceeding the close of the next muni-
cipal year, and to issue and negotiate bonds or certificates of
indebtedness therefor, which said amount shall be provided
for in the annual appropriation bill of the municipal year
next succeeding such loan.
764 CITIES.
Application for § 14-. Upon receivincj an application for the making of any
improvement, improvement of any street, lane or alley, the said board shall
proceed to investigate the same ; and if they shall determine
that such improvement is necessary and proper, they shall re-
port the same to the common council accompanied with a
statement of the expense thereot, and a proj^er ordinance or
order directing the work, and shall in such estimate, specity
bow much of said expense, in tlieir opinion, may be properly
chargeable to [the] real estate especially benetited by such
improvement, and how much thereof may be properly
chargeable to, and paid out of the general fund, or out of the
proceeds of any general tax authorized to be levied by said
city. Having reported on such apj)lication and recommend-
ing that the improvement be made, or disapproving of the
doing of it, as is provided for in the above mentioned act,
the common council may then, in eiiher case, order the
doing of such work or the making of such public improve-
ment, after having lirst obtained from said board, an estimate
of the expense thereof; and shall, in such order, specify
what amount of said estimated expense shall be assessed
upon the property deemed specially benetited, and \vhat
amount shall be chargeable to, and be paid in of the pro-
ceeds of the general fund, or out of the proceeds of any
general tax authorized to be levied by said city.
Compensation § 15. No alderman shall, during his coutinuaucc in office,
for aldermen. • i- i- i • • i • j. i
receive any compensation for his services, or be appomted
to, or competent to hold any office, the emoluments of which
are paid from the city treasury, or paid by fees, in pursu-
ance of any act or ordinance of the coinmon council, and no
member of the common council, or other city officer, shall
be directly or indirectly interested in any contract, the ex-
pense or consideration of which is to be paid under any ordi-
nance or resolution of the common council.
Power of 88- § 16. The power of assessment conferred by section one,
STd."*^ ®''' of the act amendatory of the revised charter of said city,
approved February 15, 1865, is hereby extended to, and
made to include the laying or relaying of any gas or water
service pipe, to be paid for wholly or in part, by special
assessment, and the doing of which is within the authority
and discretion of the municipal government of said city,
and the commissioners of said board of public works, shall
assess the amount directed by the common council to be
assessed for any such improvement with the costs of the pro-
ceedings thereon, upon the real estate by them deemed
specially benefited by such improvement, in proportion as
nearly as may be to the benefit resulting thereto.
Taxation for § 17. In casc it shall hereafter be determined by judi-
improvements. ^._^| dccisiou that any of the improvements authorized
by law, or by this act, to be done or made by the city, can
not be paid for in whole or in part by special assessment
for benefit, then it shall be lawful for the common council,
and they are hereby authorized to levy and collect taxes
CITIES* 765
for such purposes on all the property assessed in said city
fur taxation for general revenue purposes.
C H A P T E R 1 1 1 .
BOARD OF POLICE.
§ 1. The board of police, in their annual estimate of police Board of police,
expenses, made to the city comptroller shall, if in their
judgment, the public weal requires it recommend to the
common council, such additional police patrolmen, and also,
such additional number of sergeants, not exceeding twenty,
as may be necessary.
§ 2. The common council may, on such recommendation Proviso,
of said board, provide by ordinance, for such increase of
the patrol force : Provided^ however^ it shall require three-
fourth of all the aldermen elected to pass such ordinance,
such vote to be taken by ayes and nays, and entered on the
records of the council.
§ 3. The board of police commissioners shall devote commissioner—
their entire time, if requisite, to the duties of their office, ^"^"^''''^•
and shall receive an annual salary of not less than twenty-
five hundred dollars, to be fixed by the common council.
The superintendent of police, shall receive an annual salary Salary of police
of not less than three thousand dollars. The deputy super-
intendent shall receive an annual salary of not less than
twenty-five hundred dollars. Each captain of police shall
receive an annual salary of not less than fifteen hundred
dollars. Each sergeant and policeman detailed as detectives,
shall receive an annual salary of not less than twelve hun-
dred dollars. Each patrolman shall receive an annual
salary of not less than eight hundred dollars, nor more than
one thousand dolla,rs, the amount to be fixed by the board
of police commissioners, with the concurrence of the com-
mon council, said salary so to be fixed, shall not be in any- No changes,
wise, increased or diminished during the municipal year.
§ 1. The board of .police commissioners may employ cierks.
necessary clerkfe and fix their annual salary, to bo paid out
of the police fund.
§ 5. It shall be lawful for the person designated by the stolen property,
board, as the custodian or depositor of stolen property, to
sell the same, after due notice, at public auction, under and
pursuant to such general orders and regulations as the
board of police shall prescribe. The proceeds of such sales,
after deducting the cost of storage, advertising, selling, and
in case of animals, their keeping shall be paid over to the
president of said board, to be by him paid into the city
treasury, to the credit of the police, life and health insurance
fund, as already provided by law.
^ 6. It shall be unlawful for any person other than a in^gnia of
?• n> 1 , "^ ^ , . ., oflfice.
police otncer or patrolman to wear a star or other similar
766
device, like that of a policeman, under a penalty of not less
than twenty-five dollars, nor exceeding one hundred dollars.
FIRE DEPARTMENT.
Fire depart- § 7. The firo marshal, the assistant fire marshals, the
ment.
members of the board of police, and such members of the
fire department as the board of police may designate and
appoint, shall be fire wardens, and shall have and exercise
all the rights and powers and shall perform all the duties
now conferred, exercised, imposed or required by law of
fire wardens. The fire wardens are hereby authorized to
enter upon and inspect any building, place or places, for
the purpose of ascertaining whether the same is or are in a
safe condition, and if not, to direct or cause the same to be
made so.
Saiarie.s of offi- § 8. The commou council may, in the annual appropri-
tion bill, by a vote of two-thirds of all the aldermen author-
ized to be elected, to be taken by ayes and noes, and entered
upon the records of the council, on the recommendation of
the board of police, fix the salaries of the membeis of the
fire department at not exceeding the following sums respect-
ively, per annum : Fire marshal, three thousand dollars
($3,000) ; first assistant fire marshal, one thousand eight
hundred dollars ($1,800); second assistant fire marshal, one
thousand six hundred dollars ($1,600) ; third assistant fire
marshal, one thousand four hundred dollars ($1,400) ; engi-
T>eers of fire engines, one thousand four hundred dollars
($1,400) ; foremen of companies, one thousand two hun-
dred dollars )$1,200) ; fire policemen, nine hundred dollars
($900) ; and watchmen of engine houses, seven hundred
and twenty dollars ($720).
Chimneys. § 9. The board of police are hereby empowered to regu-
late the construction of chimneys and to compel the cleaning
thereof; to prevent the setting up or construction of boilers,
stoves, ovens or other things, in such a manner as to be
dangerous ; to prohibit the deposit of ashes^n unsafe places;
to regulate the carrying on of manufactories dangerous in
causing or promoting tires ; to regulate or prohibit the sale
or use of fire works in said city ; to raze or demolish any
building, wall or erection which, by reason of fire, or any
other cause, may become dangerous to human life or health,
or tend to extend a conflagration.
Grades in office. § 10. The board of ])olice are hereby authorized to
establish, by order or regulation, grades in the office of as-
sistant fire marshals, to be known as first, second and third
assistant fire marshals.
Duues of mar- § li. It phall be the duty of the said assistants, if in
their power, to attend all the fires happening in any division
of the city, and in case of the absence of the fire mar-
shal at any fire, it shall be the duty of the first assistant to
take charge of the organization, and he shall have and ex-
, shals.
CITIES. 767
ercisc all the powers of the fire marshal ; and in case of the
absence of both the fire marshal and first assistant, the sec-
ond assistant shall have and exercise the duties and powers
of fire marshal; and in case of the absence of the marshal
dnd first and second assistants, the third assistant shall be
invested with the powers and perform the duties of fire
marshal.
§ 12, The board of police may, two-thirds of the com- 'Fire engines-
mon council concurring, cause the ordinary repairs of fire '''^p*'''® *^ •
engines, fire apparatus, and of the fire-alarm telegraph, to
be done in any shop belonging to said city, and for that pur-
pose may employ additional mechanics and provide addi-
tional tools and machinery, if absolutely required.
§ 13. The police commissioners of the city of Chicago Origin of fires.
are hereby authorized and required to make an investiga-
tion into the origin of every fire occurring in said city, and
for that purpose they are hereby invested with the same
powers and jurisdiction as are now possessed by the police
justices of said city,
§ 11:, It shall be the duty of the common council, upon Underwriters.
the recommendation of the Chicago board of underwi'iters,
to appoint a qualified voter of the city of Chicago, when so
recommended by said board of underwriters, whose duty it
shall be to act with the board of police commissioners of
said city, in all matters relating to the organization, govern-
ment, appointment and discipline of the fire department in
said city. The person appointed shall have the same powers
and authority in reference to the fire department as is now
by law conferred upon the several members of said board
of police commissioners, but he shall have no authority or
right to act as a member of said board for any other pur-
pose than that herein specified.
§ 15, The person so appointed shall hold his oQice for Term ^^f office
one year from the date hereof, and until his successor is
qualified and appointed, unless sooner removed by the said
common council upon the recommendation of the said
board of underwriters, and he shall take the same oath and oa'>^-
make and execute the same bond to said city, in the same Duties,
manner as the several members of said board of police com-
missioners are now required by law to do, and he shall,
under tue direction of the common council and the ,said
Chicago board of underwriters, devote his exclusive atten-
tion to the interests of the said fire department.
§ 16. The salary of the persons appointed as herein pro- sakry.
vided, shall be fixed at the time of such appointment by the
said board of underwriters, and the salary so determined
upon shall be paid by the said board of underwriters in
equal monthly payments, and no other or additional com-
pensation shall be allowed by the common council to said
commissioners for services rendered in accordance with the
768
CITIES.
Qualification.
Repealed.
Number of fires
provisions of this act, nor shall the city in any event be liable
to said commissioner for his compensation for such services.
§ 17. When such appointment is made by the common
council, the person so appointed, upon taking the prescribed
oath and tiling the bond required by this act, shall be
deemed legally qnalitied, and shall at once enter upon the
discharge of his duties as a member of said board of police
commissioners in matters only pertaining to the fire depart-
ment of said city.
§ 18. In case of either the death, resignation or remo-
val of the person so appointed, the common council shall
fill the vacancy in the same manner as herein provided for
the appointment thereof.
§ 19. All acts or parts of acts inconsistent herewith, are
hereby repealed.
§ 20. In addition to the report novs^ required to be made
by the police commissioners to the common council, they shall
make to the said council annually a report of the number
and location of all tires occurring during each month of the
year, the character of the buildings, for what purposes used,
the amount of insurance on buildings and contents, with
such other facts and practical suggestions as they may deem
beneficial.
CHAPTER IV.
Board of health
Division into
c.laHses.
BOARD OF HEALTH.
§ 1. The mayor of tlie city of Chicago, with six other
persons to be appointed, on the passage of this act, by the
judges of the superior court of Chicago, each of whom shall
be a resident of said city, and three of whom, and no more,
shall be physicians, shall constitute the board of health of
the city of Chicago. Said board of health shall have, and
there is hereby conferred on said board such powers and
duties as may be necessary to promote or preserve the safety
and health of the city, or improve its sanitary condition.
§ 2. Said board of health may enact such by laws, rules
and regulations as it may deem advisable, in harmony with
the provisions and objects of this act, and all acts the object
of which is to promote and preserve the health, safety and
sanitary condition of the city, now existing, or that may
hereafter be passed, not inconsistent with the constitution
and laws of this state for the regulation of the action of
said board, its ofHcers and agents in the discliarge of its and
their duties, and for the regulation of the citizens or public,
and from time to time may alter, amend or annul the same.
§ 3. Tlie six members appointed as herein provided,
shall be divided into three classes: the first class shtdl hold
office for two years, the second class for four years, and the
third class for six years, and they shall determine by lot at
the first meetin<rof said board which two of tliem shall hold
CITIES. 769
office for the respective terms of two years, four and six
years. Vacancies occurring in the said board by the expi- Vacancies.
ration of the terra of othce of either chiss, shall be filled by
appointment by the judges of the superior court of Chicago
for six years ; any vacancy caused by either removal, resig-
nation or death, shall be tilled in like manner for the unex-
pired term. The members of said board appointed as
herein provided, shall receive an annual salary of not less saiary.
than live hundred dollars, to be fixed by the common coun-
cil. Before entering upon the duties of their office they ^^''^ of office,
shall take the oath prescribed for state officers in the con-
stitution of the state, and they shall also give bonds to said ^°'"^-
city m the sum of twenty-five thousand dollars each, condi-
tioned for the faithful performance of their duties as mem-
bers ot the board of health, under the provisions of this act,
said bonds to be approved by the judges of the superior
court of Chicago, and filed with their oath of office, in the
office of the city clerk, and in case of failure to comply with »
the requirements of this section prior to the first meeting of
said board, the office of such member so failing to take the
prescribed oath and give a bond, shall be deemed vacant,
and shall be tilled as in this act provided. The members of •
the board of health may be removed from office for like
cause and in like manner as the board of police or the mem-
bers of the board of public works.
§ 4:. It shall be the duty of the board of health on or Reports,
before the first Monday of April in each year, to report in
writing the condition ot the health department, and a
statement of the expenditures of the health board for the
year to the common council.
§ 5. The said board of health shall meet at the office of organization,
the mayor of the city of Chicago, on or before the first Mon-
day of April next, and organize by the election of one of
their number president, and by appointing a competent per-
son to be secretary ot said board, and the successive presi-
dents of said board of health shall be annually elected from
the members thereof. The secretary shall keep a correct
and complete record of all the acts, doings and proceedings
of said board ; he shall receive an annual salary to be fixed
by the board, and shall hold office during the pleasure of
said board, but shall not be a member thereof.
§ 6. The board of police shall appoint such additional Additional
, . , 1 1 - 11 1 1 • patrolmen.
police patrolmen, to be subject to the rules and regulations
of the police department, as the board of health may from'
time to time, in writing, request, to be detailed as a sanitary
squad, and be paid out of the health fund, the length of
time for which they are wanted to be stated in said written
request.
§ 7. It shall be the duty of the board of health to pre- ^^i^^^''^'**
pare and submit to the comptroller, on or before the first ^^"^^^ '
day of May, in every year, an estimate of the wliole cost
770
CITIES.
Contin.n;eneie3.
and expenses of providing for and maintaining the health
department of said city during the current fiscal year, which
estimate shall be in detail, and shall be laid by said comp-
troller before the common 'council, with his annual estimate.
The common conncil may provide for the amount so re-
quired in the general tax levy to be laid on said city. Said
money shall be paid into the city treasury, and shall be
styled the health fund, and shall be drawn out for health
purposes on the warrant of the city comptroller, which
shall be countersigned by the president, or acting president,
of the board of health. The warrant of the comptroller
shall not be drawn on said fund except on the certificate of
the president, or acting president, of said board of health.
§ 8. In case of pestilence or epidemic disease, or of
danger from anticipated or impending pestilence or epi-
demic disease, or in case the sanitary condition of the city
should be of such a character as to warrant it, it shall be
the duty of the said board of health to take such measures
and to do and order and cause to be done such acts for the
preservation of the public health, (though not herein or
elsewhere or otherwise authorized.) as it may, in good faith,
declare the public safety and health to demand.
§ 9. The common council, for the purpose of providing
for the contingency mentioned in th'e preceding section,
may order the mayor and comptroller to borrow a suflicient
amount to cover such extraordinary expenditure for a space
of time not exceeding the close of the next municipal year,
which sum, together with the interest, shall be added to the
amount authorized to be raised in the next general tax levy
and embraced therein.
§ 10. Any person or corporation who shall violate any
of the provisions of the health laws or ordinances of the
city, or any of the by-laws rules or regulations of the board
of health, in addition to existing penalties, shall be subject
to a fine of not less than five nor more than five hundred
dollars, and on failure to promptly pay the same, may be
imprisoned in the county jail, bridewell or house of correc-
tion, as in other cases of failure to pay a fine, or such per-
son may be both fined and imprisoned, in the discretion of
the court or magistrate.
§ 11. All laws or parts thereof relating to the health
department of the city of Chicago, now in force, and not
inconsistent with this act, are continued in force, and all
powers therein conferred on the present board of health,
not inconsistent herewith, are hereby conferred on the
board of health of the city of Chicago, as provided for in
this act : Provided^ that nothing in this act contained shall
be construed as in any manner giving to the said board of
health any power or control as police commissioneis over
the police department of the city of Chicago.
CITIES. 771
CHAPTER V.
COMMON COUNCIL,
8 1. The common council of the city of Chicago shall common
, " IT council.
have power, by ordmance —
First. — To prevent the interment of the dead within the interments.
present or future limits of the city.
/Second. — To provide for the vacation of the several '^^en^gt°g^.,gg
cemeteries in said city, by the purchase and extinguishment
of the titles of lot owners or otherwise.
Third. — To purchase grounds and erect thereon a city city buildings,
hall, and provide tor the payment thereof by the issuing
and negotiating of the bonds of said city, or by the levy
and collection of taxes, or partly by both : Provided^ how- Proviso.
ever^ that no such levy shall, in any one year, exceed two
mills on the dollar, on the assessed value of the real and
personal estate in the city made taxable by the laws of this
state.
Fourth. — To provide for the inspection and regulation of Engine?.
stationary steam engines and boilers.
Fifth. — To appropriate, not exceeding ten thousand dol- Fourth of Juiy.
lars ($10,000) in any one year, from the city treasury, for
celebrating the Fourth of July, for funeral occasions, and to
defray the expense of entertaining official visitors of sister
cities : Provided, however, such order or appropriation shall Proviso,
be passed only by the votes of at least three-fourths of .all
the aldermen elected, such vote to be entered, by ayes and
noes, on the records of the common council.
Sixth. — To prescribe, regulate and control the time or Speed of boats,
times, manner and speed of all boats, crafts and vessels
passing the bridges over the Chicago river and its branches.
Seventh. — To control and regulate the construction of ^Jj^f^^^y^^'^^^
buildings, chimneys and stacks, and to prevent and prohibit stacks.
the erection or maintenance of any insecure or unsafe build-
ing, stack, wall or chimney in said city, and to declare
them to be nuisances, and to provide for their summary
abatement.
Eighth.— To cause the seizure and destruction or other Tainted meats,
disposition of tainted or unwholesome meat, butter, vege-
tables, fruit or provisions.
Ninth. — To authorize the use of the streets and alleys in Railroad com-
.->•-, .11 • • -1 • paniea.
said city by railroad companies or city railway companies,
for the purpose of laying tracks and running cars thereon :
Provided, however, permission or authority shall not be Proviso,
given, nor shall any such grant or permission already given
be extended, unless by vote [of] at least of three-fourths of
all the aldermen elected, such votes to be entered, by ayes
and noes, on the records of the council : And, provided. Proviso.
further, that no grant, consent, contract, or permission here-
totbre given or made, or hereafter to be made or given, shall
in any case be extended until within one year of the expira-
772
CITIES.
tion of such grant, consent, contract or permission : A7id,
Proviso. provided, Jurther, that in case ot a veto bj the mayor, any-
such grant or permission shall receive the votes of three-
fourths of all the aldermen elected to take effect as an act
or law of the corporanon.
Gunpo',vder; Tenth. — To direct, regulate and prohibit the location and
management of houses tor the storing of o-nn powder or
other combustible materials within the city, and within one
mile of the L'mits thereof.
Egress from Eleventh. — To declare that it shall be unlawful for any
ais, etc. \xr^\^ theatre, opera house, church, school house or building
of any kind whatsoever, to be used for the assemblage of
people unless the same is provided with ample means for
the safe and speedy egress of the persons therein assembled
in case of alarm.
steam whisUes. Twelfth.— To control, regulate or prohibit the use of
steam whistles within the limits of the city.
Paying debts. Thirteenth.— To provide for the borrowing, from time to
time, a sum ot money not exceeding live hundred thousand
dollars, in the aggregate, to pay existing debts incurred by
said city for sewerage works, and to increase the sewerage
Proviso. works of said city : Provided, hoioevei\ the said loan or
loans shall be made in strict conformity with the provisions
of chapter sixteen of the act of 1863, to which this is an
amendment.
Cleaning streets Fourteenth. — To direct and require the board of public
works to let the cleaning of the streets, alleys, lanes and
highways, or ordinary repairs of the same, or any portion or
part thereof, to the lowest reliable and responsible bidder
or bidders. The said letting and contracts to be in all re-
spects governed by the provisions of the law in regard to
Proviso. tlie letting of contracts for improving the streets : Provided.^
however.^ it shall require two-thirds of all the aldermen
elected to pasis any such ordinance, such vote to be taken
by ayes and noes, and entered on the records of the council.
Scavengers. Ttjteerdh. — To dircct and authorize the board of health
to let the scavenger work, night or day, or both to the low-
est reliable and responsible bidder or bidders, or in case a
proper contract can not be made, to authorize said board to
do said work. Such letting to be governed in all respects,
as nearly as may bo, by the provisions of the charter in
reference to the letting of street improvements.
Concealed Sixteenth.— To reguhite or prohibit the carrying or wear-
weapona. • i i i • i i i ? i
ing, by any person, under his clothes or concealed about his
person, any pistol or Colt or slung shot or cross knuckles
or knuckles of lead, brass or other metal, or bowie knife,
dirk knife or dirk or dagger, or any other dangerous or
deadly weapons, and to provide for the confiscation or sale
of such weapons.
Seventeenth. — To sell or otherwise dispose of any grounds
heretofore purchased for a bridewell or house of correction.
CITIES. Y73
Eighteenth. — To purchase grounds either within or with- House of coi-
out the corporate limits of said city, and erect the necessary "'=''°"-
buildings thereon for a city bridewell or house of correction.
JS^netttnth. — To provide tor the payment of the land by Payment of
the levy aud collection uf taxes, or the issue and negotiati(5n '''"'^'
of bonds, or partly by both,
Twent eth. — To adopt all necessary rules and regulations Discipline.
for the government of said institution and the proper dis-
cipliue of the inmates thereof, and also to purchase all
materials, tools and nuichinery necessary to secure the most
beneficial results from the labor of said inmates.
Twenty first. — To require the superintendent, warden or Recordsof the
keeper to keep such book or books of account as shall >°s^''"*'0"-
fully and in detail show all the receipts and expenditures of
said institution and to require a report of the condition
thereof from time to time.
Twenty second. — The common council shall have power Public pounds,
to require the board of police commissioners to detail a
sufficient number of men from the police force of the city to
take charge of the public pounds of said city and to porperly
enforce the pound ordinances thereof, and to provide for
the election or appointment of ^gne or more pound keepers,
and to provide for the payment of such pound keepers,
either by salary or fees, or partly by both, and to make all
necessary rules and regulatic»ns for the enforcement of any
pound ordinance of said city.
Twenty-third. — To allow dummies or steam engines to Dummies.
be used on the street railways of said city, by ordinance
and contract with said railway companies, and to direct the
kind of dummies to be used, the time and speed of running
the same, and the price at which passengers shall be con-
veyed : Provided., the fare on such railways shall not ex- Proviso.
ceed five cents for each passenger within the present or
future limits of said city, nor exceeding eight cents from
any point within such limits to any point not more than
three miles outside such limits; also, at any time to order
a partial or total discontinuance of the use of such dummies
and steam engines in said city : Provided., also., that it shall p»"ot's»-
require three-fourths of all the aldermen elected to pass any
such ordinance or make any such contract; And, provided, Proviso.
further, that no privilege to use or run dummies or steam
engines or other than horse motive power shall ever be
allowed upon any street or horse railway, except the party street railways.
or parties, company or corporations asking for such privi-
lege shall first enter into and execute an irrevocable con-
tract with the city of Chicago, with approved bond, in a
sum not less than one hundred thousand dollars, to forever
thereafter give and pay over into the city trrasury, at the
end of each and every month, one-fifth of each and every
fare collected and received by said company, party or corpo-
ration from persons or passengers carried or transported
over said railway, and for tickets and commutation ; such
774: CITIES.
monthly payments to be accompanied by a sworn statement
of the president or secretary of the company, showing the
actual amount received, during the month, by them for
fares, tickets or commutations, and the books of said party,
cofnpaoy or corporation to be thereafter, at all times, open
to inspection by any duly authorized city official.
Slaughtering of Iwenty-fouHh. — That the common council shall have
animals. power and authority to regulate and control the slaughter-
ing of all animals in the city, or within four miles thereof,
intended for consumption or exposed for sale in the city,
and to enforce, by additional ordinances, any regulation,
contract or law heretofore made on the subject.
Changes in TiDeiity -fifth. — To adjust and settle witli property own-
dock hnes. ^^,g ^^.^ ditterences arising by reason of any changes made
in the dock lines by the council on the Chicago river or its
branches, if, in its discretion, the same may be deemed just
and proper.
Necessary ordi- Tweiity-sixth. — To make, publish, ordain, amend and re-
nances, pg^l r^]} g^-^g)-^ ordinances, by-laws and police regulations not
contrary to the constitution of this state for the good gov-
ernment and order of the city, and the trade and commerce
thereof, as may be necessary or expedient to carry into ef-
fect the powers vested in the common council, or of any offi-
cer of said city, by this act, and enforce observance of all
rules, ordinances, by-laws, police, sanitary and other regula-
tions made in pursuance of this act, or the act to which this
is an amendment, the amendments thereto, or any other
act concerning said city, by punishment, line or imprison-
House of cor- mcnt in the bridewell or house of correction, or both, in the
rection. discretiou of the magistrate or court before which conviction
may be had ; Provided., however., such fine shall not exceed
five hundred dollars, nor the imprisonment two years.
Lumber. Txoenty-seveiith. — To prohibit the piling of lumber within
the fire limits by a vote of two-thirds of all the aldermen
elected.
CHAPTER VI.
MISCELLANEOUS.
Contractor 1 1. Whenever any permit shall be issued by the board
damagis. of public Avorks, granting to any person or corporation the
use or occu])ancy of any street, alley or highway, or part
thereof, for building purposes ; for the depositing therein of
material, or other proper purpose, said board shall take
How recovered, ft'om such pcisou or Corporation a bond in an adequate
amount with two good and sufficient sureties, conditioned
that such person or corporation shall be liable for any and
all damages occasioned by such use or occupation, or re-
sulting therefrom, and in every case of recovery and judg-
ment against the city in anywise growing out of permitting
or suffering such use or occupation, or which resulted there-
from, where due notice of the pendency of such suit has
7Y5
been given, such judgment shall be condusive not only as
to the damages recovered, but as to the liability of the party
or corporation and sureties.
§ 2: Whenever in any case any injury shall be sustained injury sus-
by any individual in consequence of any defect in or obstruc-
tion upon any sidewalk along the premises of a non-resident
owner, whose duty it is hereby declared to be to keep the
same at all times in a safe condition and in a good and tho-
rough state of repair, and a suit for damages be commenced Howrecovere
against the city, the city of Chicago may attach such prem-
ises and hold the same to abide the judgment in the case;
and in case of a judgment being had therefor against the
city, the city of Chicago may proceed under such attach- Attachment.
ment against said premises in the same manner as provided
by law tor creditors against non-resident debtors, and the judg-
ment against the city shall heprimafacie evidence in such suit
or proceeding: Provided, however', that such non-resident proviso.
owner may, by filing a bond, as in other cases of attachment,
obtain a release of such premises from such attachment,
and in case of such owner desiring a release of such
premises before the determination of such suit against the
city, he may do so upon giving and executing his bond, with
security to be approved by the mayor, for the amount of
damage claimed, conditioned to hold harmless the city
against whatever judgment may be rendered in the case.
§ 3. Whenever any board or officer of the city shall let Letting con-
any work or improvement which shall require the digging *'''^^*^-
up, use or occupancy of any street, alley, highway or public
grounds of said city, there shall be inserted in said con-
tracts substantial covenants, requiring such contractor, du-
ring the night time, to put up and maintain such barriers and
lights as will effectually prevent the happening of any acci- Accidents.
dent in consequence of such digging up, use or occupancy
of said street, alley, highway or public grounds, for which
the city might be liable, and also such other covenants and
conditions as experience has or may prove necessary to save
the city harmless from damages, and also to provide in such
contracts that the party contracting with the city shall be Security.
liable for all damages occasioned by the digging up, use or Liabilities.
occupancy of the street, alley, highway or public grounds,
or which may result from the carelessness of such con-
tractor, his agents, employees or workmen.
§ 4. Whenever any -work or improvement is let by con- Bonds.
tract to any person or persons, firm or corporation, the
board or oflicers of the city letting the same shall, in all
cases, take a bond from such person, persons, or firm or cor-
poration, with good and sufficient sureties in such amount
as shall not only be adequate to insure the performance of
the work in the time and manner required in such contract,
but also to save and indemnify and keep harmless the said indemnity
city against all liabilities, judgments, costs and expenses fe^s"ness.^^'^'
which may in anywise come against said city in consequence
776
CITIES.
Amount of
damages.
Deputy clerks.
Duties of city
clerk.
Evidence of
validity.
Land surveyors
of the granting of such contract, or which may in anywise
result from the carelessness or neglect of said person, tirm
or corporation, or his or its agents, employees or workmen,
in any respect whatever, and in every such case where
judgment is recovered against ihe city by reason of the
carelessness or negligence of such person, firm or ccn-pora-
tion so contracting, or his, their or its agents, employees or
workmen, and when due notice has been given of the pend-
ency of such suit, such judgment shall be conclusive against
such person, lirm or corporation, and his or their or its
sureties on such bond, not only as to the amount of dam-
ages, but as to their liability.
§ 0. The city clerk shall be authorized to appoint one
or more deputies, subject, however, to the approval of the
common council. Such deputies, after confirmation by the
council and after having taken the oath required to be taken
by the clerk, may, in case of the sickness or absence of the
clerk, perform all the duties imposed by law or any ordi-
nance of the city on said clerk, and shall likewise he sub-
ject to the same liabilities and penalties. No ordinance shall
be finally adopted by [the] common council until the same
shall be engrossed by the clerk, unless otherwise ordered
by three-fourths of all the aldermen elected, except such
orders and ordinances as are sent to the council by the
board of public works, relating to public improvements
paid for by special assessments. The city clerk shall re-
ceive an annual salary of not less than twenty-five hundred
dollars, nor more than three thousand five hundred dollars,
to be fixed by the common council.
§ 6. The clerk shall record all orders and ordinances
passed by the common council, in a proper book or books,
with proper indexes, and transcripts from such books certi-
fied by him, under the corporate seal, shall be evidence in
all courts and places, in like manner as if the originals were
produced.
§ 7. Every ordinance, resolution, order or by-law of the
common council may be read in evidence in all courts and
legal proceedings from the volume of ordinances published,
or to be published, by order of the said common council,
without any [other | proof of the passage or publication
thereof; but such publication shall only he priina facie
evidence of its passage, or that the same has been duly pub-
lished in the corporation newspaper.
§ 8. All land surveyors licensed by the board of public
works, in pursuance of section six of chapter six of the re-
vised charter, approved Feb. 13, 1863, shall have the same
powers to make surveys within the county of Cook as they
may have within the city of Chicago, and like effect and
validity shall bo given to their acts, plats and surveys as
are or may be given to those of the county surveyor.
CITIES. 777
§ 9. So much of section t^venty-live of chapter six, sec- section oi act
tion twentj-two of chapter ten, of section fourteen of cliap- ■'■^p®'*''^*^-
ter thirteen, of section thirteen of chapter fifteen, of the
revised charter of said city, approved Feb. 13, 1S63, and so
much of section thirty-three of an act approved Feb, 16,
1865, entitled "An act to amend an act entitled 'an act to
reduce the charter of the city of Chicago, and the several
acts amendatory thereof into one act,' and to revise the
same," approved Feb. 13, 1863, as requires the warrants
therein described to be countersigned by the president or
acting president of the board of public works, the president
or acting president of the board of police, the president of
the board of education, the president or vice president of
the board of guardians of the reform school, and by the
president of the board of police and mayor, be and the same
is hereby repealed.
§ 10. That the latter clause of section sixteen, chapter nine- clause amended
teen of the revised charter, approved February 13, 1863,
be and the same is hereby so amended as to read as follows :
" Fifteen cents shall be taxed to each lot against which
judgment is rendered — five cents to be for clerk's and
judge's fees, and ten cents for advertising notice of sale.
§ 11. In case of a vacancy occurring in any office created vacancies.
by this act, the mayor shall, by and with the advice and
consent of the council, till the same for the unexpired term
if the same be not otherwise herein provided for.
§ 12. All of the land now owned by the cit}^ in section Lincoln Park.
twenty-seven (27), in township forty (10) north, range four-
teen east, in Cook county, shall be added to and form a
part of Lincoln Fark, and for the purpose of connecting the
same with said park, the city may acquire, by purchase, gift
or condemnation, a strip of land not exceeding three
hundred feet in width, lying between said land and said
park ; and in case it is necessary to condemn, the proceed-
ings shall be conducted according to the provisions of the
charter in relation to condemning lands for streets, but the condemnation.
damages allowed shall be wholly paid by taxation on the
taxable property in the town of north Chicago, or by volun-
tary subscription.
§ 13. The proceedings, notices and ordinances of said publication.
city and the departments thereof, shall be published in the
newspaper printed in the German language having the
largest daily circulation in said city, as fully as they are
now required to be published in the corporation newspaper:
Provided^ that in no judicial or other proceeding shall the proviso,
publication in such German paper be called in question,
either as to the fact of its publication, or to the correctness
thereof.
Yol. 1—69
778
CHAPTER VII.
Schools.
School houses,
Sites for.
Furniture for.
Payment of
teachers.
School district
School tax.
How levied.
Salarj- of super
inlcndent.
City bonds.
Time.
Interest,
§ 1, TJie common council shall have power, when re-
quested by the board of education, to—
^r/'5^.— Erect, purchase or hire buildings suitable for
school houses, and keep the same in repair. "
^^econd.—Buy and lease sites for school houses, with the
necessary grounds.
77m>^.— Furnish schools with the necessary fixtures,
furniture and apparatus,
Fourth.— Establish, support and maintain schools, and
supply the inadequacy of the school fund for the payment
of the city teachers, erection and furnishing school build-
ings, from school taxes.
s _ § 2. The board of education shall lay off and divide the
city into school districts, and, from time to time, alter or
subdivide the same or create new ones, as circumstances
may require.
§ 3. The common council shall have power, annually,
to levy and collect a school tax, including the amount levied
for a sinking fund, not exceeding live mitls on the dollar, on
the assessed value of all real aiid personal estate in the city
made_ taxable by the laws of this state, to meet the expen-
ses of purchasing grounds for school houses, erecting and
repairing school houses, supporting and maintaining schools,
and payment of interest on school bonds ; and the board of
education are hereby authorized, unless prohibited by the
f common council, to continue the public schools notwith-
standing any deficiency in the appropriation and tax levied
for that purpose in any year; and to provide for the
expense thereby incurred, the comptroller may, with the
sanction of the mayor and finance committee of the com-
mon_ council, borrow the necessary money, which shall be
repaid out of the school tax for the next year.
■ § 4. The superintendent of public schools shall receive
siich annual salary as shall be fixed by the board of educa-
tion, at the tinie of fixing the teachers' salaries each year,
which shall not be increased or diminished thereafter dur-
ing the year.
§ 5. The common council shall have the power, and is
hereby authorized, to provide, by ordinance, for issuing and
negotiating the bonds of the city of Chicago, payable,^ prin-
cipal and interest, in New York, in twenty years from date,
and bearing interest at a rate not exceeding seven per cent,
per annum, payable semi-annually, to an amount not ex-
ceeding live hundred thousand dollars, for the purpose of
purchasing and improving school grounds and erecting or
constructing school houses. Said bonds shall be in the or-
dinary form of bonds of said city, and shall be issued in
CITIES. 779
denominations of five hundred or one thousand dollars Denominations-
each, as the mayor and comptroller may deem for the best
interest of the city, and an annual tax ot not exceeding one-
fourth of one mill on the doHar, on the assessed value of
all taxable real and personal estate in said city, shall be
levied and collected as a sinking fund to pay said bonds at sinking fund,
their maturity, and for the payment of such bonds as may
have been previously issued for schools and school purposes.
Such sinlfing fund, when collected, shall be invested, first,
in school bonds, and if these can not be obtained, then in
Cit}^ bonds. Board of eduea-
§ 6. It shall be the duty of the common council to pro- ^''°°-
vide tor the issuing of as many of the said bonds as the board
of education may require from time to time, and the pro-
ceeds of said bonds, vp^hen sold, shall be held as other
school funds, and only paid out for permanent purchases or
improvements of school grounds and the construction of
new school buildings. Colleglate de-
§ 7. The board of education shall have power to confer ^''^'^"
the usual collegiate degrees whenever they shall deem it
best for the educational interests of the city, and to pre-
scribe the necessary and proper rules for the same. cierk of board.
§ 8. The board ot education shall elect, biennially, a
clerk, whose office shall be denominated " Clerk of the salary.
Board of Education," and whose salary shall be fixed annu- Duties of.
ally by said board. The duties of said clerk shall consist of
keeping the records and minutes of the board, and, to be
oflicial, his signature must be attached to them on the
books and records of the board. He shall also take gene-
ral charge of the rooms of the board and the property con-
tained therein, Eyening schools
§ 9, The common council is empowered to establish
evening schools, the same to be under the control of the
board of education, and the funds for their support to be
raised by special appropriation by the common council. conflicting laws
§ 10. All laws or parts of laws conflicting or inconsis- ''^P*^^'^'^-
tent with these amendments are hereby repealed.
§ 11. This act shall be a public act, an^ be in force
from and after its passage.
Appeoved March 9, 1867.
In force March
AN ACT entitled an act to incorporate the city of Clinton. '
ARTICLE I.
OF BOUNDARIES.
Section 1. Be it enacted hy the People of the State of
niinois, represented in the General AssemUy, That the
inhabitants of the town of Clinton, in DeWitt county, be
and thev hereby are constituted a bodv politic and corno-
Kameand style rate bj tliG iiame and style of the "City of Clinton," and by
that name shall have perpetual succession, may sue and be
sued, plead and be impleaded in all the courts of law and
equity ; and may have and use a common seal and alter the
same at pleasure.
Boundaries. § 2. All that territory embraced within the following
limits, to-wit : Commencing at the north east corner of the
south west quarter of section twenty-six (No, 26), in town-
ship twenty (No. 20) north, in range two (No. 2) east of
the third principal meridian, and running thence due south
one mile ; thence due west one and a quarter miles ; thence
north one mile ; thence due east one and a quarter miles,
to the place of beginning ; shall be and the same is hereby
declared to be w- ithin the limits of the city of Clinton,
Additions. § 3. Whenever any tract of land adjoining the city of
Clinton shall be laid off into town lots and duly recorded,
as required by law, the same shall be annexed to and form
a part of the city of Clinton, and all parcels of land within
the boundaries of the city, that are in extent ten acres and
over shall be exempt from taxation for city revenue until
the same shall be subdivided into lots of less than ten acres,
and each lot, when so divided, shall be taxed as other city
lots.
Powers of cor- § 4. The inhabitants of said city, by the name and style
poration. aforcsaid, shall have power to sue an*d be sued, to plead and
be impleaded, to defend and be defended in all courts of
law and equity, and in all actions ; to purchase, receive and
hold property, both real and personal, in said city ; to pur-
chase, receive and hold property, both real and personal,
beyond the city, for burial grounds and for other purposes,
for the use of said inhabitants of said city ; to sell, lease
and convey or dispose of property ; and do all other things
in relation thereto, as natural persons.
ARTICLE II.
OF THE CITY COUXCIL.
§ 1. There shall be a city council to consist of a mayor
and board of aldermen.
§ 2. The board of aldermen shall consist of two mem-
bers from each ward, to be chosen by the qualified voters
thereof for one year, and until their successors shall be
legally qualified.
§ 3. No person shall be an alderman unless at the time
of his election he shall have resided within the limits of the
city one year immediately preceding his election, and shall
have the necessary qualitictions to vote for state officers, to
be a resident of the ward for which he is elected and a citi-
zen of the United States.
§ 4. If any alderman shall, after his election, remove
from the ward for which lie is elected, or ceases to be a free-
CITIES. '^81
holder in said city, his office shall be declared vacated.
The mayor shall receive such compensation as the city conn- salary.
cil shall vote him, and the aldermen shall each receive not
to exceed twenty-five dollars per annum for his services, to
be paid from the city funds, until there shall be a population
of five thousand in said city. ,.^ ,.
§ 5. The city council shall judge of the qualifications, counc.i eiec
elections and returns of their own members and shall deter-
mine all contested elections under this act.
§ 6 A maiority of the city council shall constitute a Quorum.
quorum to do business, but a smaller number may adjourn
IVom day to day and compel the attendance of absent mem-
bers nnder such penalties as may be prescribed by ordi-
§ t". The city council shall have power to determine the Rules.
rules of its own proceedings, punish its members for disor-
derly conduct, and with the concurrence of two-thirds ot the
members elected, expel a member. ^
§ 8. The city council shall keep a journal ot its pro- jomnai.
ceedino-s, and from time to time publish the same ; and the
yeas and nays, when demanded by any member present,
shall be entered upon the journal.
5^ 9. No alderman shall be appointed to any olhce under Restrictions.
the authority of the city that shall have been created, or the
emoluments of which shall have been increased during the
time for which he shall have been elected, nor shall he en-
gage in any contract with said corporation while serving as
such alderman. • i r, i <
§ 10. All vacancies that shall occur in the board ot vacancies,
aldermen shall be filled by election.
§ 11. The mayor and each alderman, before entering oath of office.
upon the duties of their ofiice, shall take and subscribe an
oath, or make affirmation that they will support the consti-
tution of the United States and of this state, and that they
will well and truly perform the duties of their office accord-
ing to the best of their skill and ability.
§ 12. Whenever there shall be a tie in an election of Ties.
akierman, the judges of election shall certify the fact to the
mayor, who shall determine the same, by lot, in such man-
ner as
13.
'shall be provided by ordinance.
There shall be not less than twelve stated meet- stated meet-
ings of the city council in each year, at suoh times and '°ss.
places as may be prescribed by the city council.
ARTICLE III.
OF THE CHIEF EXECUTIVE OFFICER.
§ 1. The chief executive officer of the city shall be^ a The mayor.
mayor, who shall be elected by the qualified voters of the
city, and hold his office for one year, and until his successor
shall be elected and quahfied.
782 ciTiE-s.
Eligibility to of- § 2. Xo pei'soii sLali bc eligible to the ofiice of mayor
^^^- who shall not be a resident of the city for one year next
preceding his election, or who shall be under twenty-one
years of age, or shall not at the time of his election' be a
citizen of the United States.
Vacancy. § B. If any mayor, during the time for which he shall
have been elected, removes from the city or shall be absent
from the city for the space of six months, his office shall be
vacated.
Contested eiec- § 4. When two or more persons shall have an equal
'°"' number of votes for mayor, the judges of election shall
certify the same to the city council, who shall proceed to de-
termine the same, by lot, in such manner as may be deter-
mined by ordinance.
Election. § 5. Whenever an election of mayor shall be contested
the city council shall determine the same as may be pre-
scribed by ordinance.
§ 6. Whenever any vacancy shall happen in the office
of mayor it shall be filled by election.
Vacancy.
Time.
ARTICLE IV.
or ELECTIONS.
§ 1. On the first Monday of April next an election shall
be held in each ward of said city for one mayor, one mar-
shal, one street commissioner, one city surveyor, one trea-
surer, one police magistrate for the city, two aldermen for
each ward, and forever thereafter on the first Monday of
Officers. April, in each year, there shall be an election for one mayor,
one marshal, one street commissioner, one city survej^or,
one treasurer for the city, and for one alderman for each
ward.
Names of trus- § 2. Gcorgo W. Gidcou, William Clagg, Henry Cros-
*°®'- ley, Orange t>. Kirk and William W, Adams shall consti-
tute a board of trustees for the said city of Clinton, and
immediately after this act shall become a law shall divide
the city into three wards, by lines running north and south
and east and west, describing particularly the boundaries of
warda eacli Ward ; the wards to be as nearly equal in population as
practicable. The said trustees shall, by ordinance, provide
for the first election of all officers to bc elected under this
Canvassing the ^^t, sliall cauvass the votcs and declare who are duly elected,
vote. and make return of the election to the clerk of the county
court and the secretary of state of the election of mayor
any police magistrate in the same manner that returns are
made of the election of justice of the peace.
Qualification to § 3. All male inhabitants over the age of twenty-one
^"^'^- years who are entitled to vote for state officers, and who
shall have been actual residents of said city one year next
preceding the election and who shall have paid such city
tax as they may bc subject to shall be entitled to vote for
CITIES. 783
city officers : Provided^ tliat said voters shall give their
votes in the wards in which, they shall respectively reside.
ARTICLE V.
OK THE LEGISLATITK POWERS OF THE CITY COUNCIL.
§ 1. The city council shall have power and authority to Taxes.
levy, assess and collect taxes for city purposes, upon all
property real, personal and mixed, in said city, which is
now or. may hereafter be subject to taxation for state or
county purposes, not exceeding one-half of one per cent, per Rate,
annum upon the assessed value thereof, and may assess and
enforce the collection of the same by any ordinances not
repugnant to the constitution of the United States or of this Restrictions.
state ; or the cit}^ council may, if they think proper so to
do, adopt the annual assessment made of the property in
said city by the assessor of the township in which said city
is situated, and cause the same to be collected by the town-
ship collector.
§ 2. If the city council of said city shall determine to Adoption of as-
adopt the assessment made by the authority of the state ^'^®^™®° •
and county, they shall give to the clerk or other officer
whose duty it is to extend the tax by existing laws, notice
of their intention so to do, which notice shall be a copy of
their record, and also the rate of taxation, and upon the re-
ceipt of such notice the said tax shall be extended and col- Howeonaucted.
lected and its collection enforced in the same manner as
other revenue. The clerk and collector shall be allowed
the same compensation for their services under this act as are compensation
allowed them for similar services under the revenue laws of Piovis*.
the state : Provided, that nothing in this act shall be con-
strued as to prevent the said city council from providing
for the assessment and collection of such taxes by ordinance.
§ 3. The city council shall have power to appoint a Appointments
clerk, city attorney and all such other inferior officers as
may be necessary.
§ -1. The city council shall have power to require of all inspection.
officers appointed in pursuance of this charter, bonds with Bond,
penalty and security for the faithful performance of their
respective duties, as may be deemed expedient ; and also,
to require all officers appointed as aforesaid, to take an oath oatb.
or make such affirmation as the city council may prescribe,
for the faithful performance of the duties of their respective
offices, before entering upon the discharire of the same ; to
borrow money on the credit of the city : Provided, that no Proviso.
sum or stims of money shall be borrowed at a greater
interest than ten per cent, per annum, nor shall any sum
or sums be borrowed as aforesaid, until after the subject
shall have been submitted to the legal voters of said city,
for which purpose a special election shall be called by the Special election
mayor, after giving ten days' notice thereof; and if two-
7S4:
Sanitavy
ui-es.
Hospitals.
General health
Water.
Bi-idges.
Wards.
Lamps.
Police.
Markets.
thirds of the legal voters of said city shall vote in favor of
any such loan, the same may be negotiated, and not other-
wise.
§ 5, To appropriate money and provide for the payment
of the debts and expenses of the city,
§ 6. To raal^e regulations to prevent the introduction
of contagions diseases into the city ; to make quarantine
laws for that purpose, and enforce the same within live
miles of the city.
§ 7. To establish hospitals and make regulations for the
government of the same.
§ S. To make regulations to secure the general health
of the inhabitants ; to declare what shall be a nuisance
within the city limits and within two miles of the same,
and to prevent and to remove the same.
§ 9. To provide the city with water ; to erect hydrants
and pumps, build cisterns and dig wells in the streets, for
the supply of engines and buckets.
§ 10. To open, alter, abolish, widen, extend, establish,
grade, pave, or otherwise improve and keep in repair streets,
avenues, lanes and alleys, sidewall<s, driuns and sewers.
§ 11. To establish, erect and keep in repair bridges.
§ 12. To divide the city into wards, alter the boundaries
thereof, and erect additional wards as the occasion may
require.
^13. To provide for lighting the streets and erecting
lamp posts.
§ li. To establish, support and regulate night watches.
§ 15. To erect market houses, to establish markets and
market places, and provide for the good government and
Public, "rounds.
Town huiidinss. § 16. To providc for all needful buildino^s for the use of
the city.
IT. To provide for inclosing, improving and rea'ula-
ting all public grounds belonging to the city.
§ 18. To license, tax and regulate auctioneers, merchants,
peddlers, retailers, grocers, taverns, ordinaries, hawkers,
brokers, pawnbrokers and money changers.
§ 19. To license, tax and regulate hackney carriages,
wagons, carts and drays and fix the rateg to be"charged for
the carriage of persons, and for the wagonage, cartage and
dray age of property.
§ 20. To license, and regulate jiorters, and the rates of
porterage.
§21. To license, tax and regulate theatrical and other'
exhibitions, shows and amusements.
§ 22. To restrain, prohibit and suppress tippling houses,
dram shops, gambling houses, bawdy houses, and other
disorderly houses.
§23. To provide for the prevention and extinguishment
of lires ; to organize and establish fire companies.
Gam ling.
N CITIES. 7S5
§ 24:. To regulate the fixing of cbimneys, and to fix the chimneys.
flues thereof,
§ 25. To regulate the storage of gunpowder, tar, pitch, Gunpowder.
rosin and other combustible materials.
§ 2G. To regulate and order parapet walks and parti- Fences,
tion fences, and so restrain cattle, sheep and hogs from run-
ning at large.
§ 27. To establish standard weights and measures, and ^mifsm-e^"'^'^
to regulate the weights and measures to be used in the city,
in all cases not otherwise provided for by law, and to order ,
all laws upon the subject to be enforced, and to enforce pay- Payment of
ment of tines for non-compliance with any such order. ^^^^'
§ 28. To provide for the inspection and measuring of dumber,
lumber and other building materials, and for the measuring
of all kinds of mechanical works.
§ 29. To provide for the inspection and weighing of Hay and coai.
hay and stone coal, measuring of charcoal, firewood and
other fuel, to be sold and used within said city.
§ 30. To provide for and regulate the inspection of ^"^^P^f^'j^^, ''*
tobacco and of beef, pork, flour and meal, and whisky in
barrels.
§ 31. To provide for and regulate the inspection of Matter, etc.
butter, lard and other provisions.
§ 32. To regulate the weight and quality of bread to be Bread.
sold and used in the city.
§ 33. To regulate the size of bricks to be sold and used Bricks.
in the city.
§ 34. To provide for taking enumeration of the inhabit- census.
ants of the city.
§ 35. To regulate the election of city officers and to Election.
provide for removing from office any person holding an
office created by ordinance.
§ 36. To fix the compensation of all city officers, and con^pensations,
to regulate the fees of jurors, witnesses and others for ser-
vices rendered under this act, or any ordinance made in pur-
suance thereof.
§ 37. To regulate the police of the city; to impose fines p°^'<=s-
and forfeitures and penalties for the breach of any ordinance ;
and to provide for the recovery and appropriation of such
fines and forfeitures, and enforcement of such penalties ; Fines.
and all moneys collected under and by authority of any
city ordinance, shall be deemed and taken to belong to the
city and disposed of by the city council under the ordinances
of said city, for the general use and benefit thereof.
§ 38. The city council shall have exclusive power within Billiards.
the city, to license or suppress any billiard tables or bowling
alleys.
§ 39. The city council shall have power to make all ^nancel °'''^'"
ordinances which shall be necessary and proper for carrying
into execution the powers specified in this act, so that ordi-
786
style of.
Publication of.
How joroven.
nance be not repugnant to nor inconsistent with the consti-
tution of the United States or of this state.
§ 4:0. The style of the ordinances shall be, "Be it
ordained by the city council of the city of Clinton.
§ 41. All ordinances passed by the city council shall,
within one month after they shall have passed, be published
in some newspaper [published] in the city, or posted up in
three of the most public places in the said cit}^ of Clintoii,
and shall not be in force until they shall have been pub-
lished as aforesaid.
§ 42. All ordinances of the city may be proven b}' the
seal of the corporation, and when printed in book or
pam^Dhiet form, and purporting to be printed and published
by authority of the corporation, the same shall be received
in evidence in all courts and places without further proof.
ARTICLE VI.
OF THK MAYOR.
Special meet-
ings.
Duties of
mayor.
The mayor. § 1. The mayor shall preside at all meetings of the city
Tie vote. council, and in case of a tie shall have the casting vote, and
in no other. In case of non-attendance of the mayor at any
meeting, the board of aldermen shall appoint one of their
Acting mayor, own number chairman, who shall preside at the meeting, but
shall not thereby lose his right to vote on any question
before the board.
§ 2. The mayor or any two aldermen may call special
meetings of the city council.
§ 3. The mayor shall at all times be vigilant and active
in enforcing the laws and ordinances for the government of
the city, he shall inspect the conduct of all subordinate officers
of said city, and cause negligence and positive violation to be
prosecuted and punished ; he shall from time to time, com-
municate to the aldermen such information and recommend
all such measures as in his opinion, may tend to the improve-
ment of the hnances, the police, the health, security, com-
fort and ornament of the city.
§ 4. He is hereby autliorized. to call on every male
inhabitant of said city, over the age of eighteen years, to aid in
enforcing the laws and ordinances, and in case of riots, to
call out the militia to aid him in suppressing the same, or
other disorderly conduct, ])reventing and extinguishing fires,
for securing the peace and safety of the city, or in carrying
into effect any law or ordinance, and any person who shall
not obey sucli a call, shall forfeit to said city a fine not
exceeding ten dollars.
§ 5. lie shall have power whenever he shall deem it
necessary to require of any of the officers of said city, au
exhibit of his books and papers.
Enforcing laws.
CITIES. 787
§ 6. He shall have power to execute all acts that may Execution of
be required of him by auy ordinance made in pursuance
of this act.
§ 7. He shall also have such jurisdiction as may be Jurisdiction.
vested in him by ordinance of the city, in and over all
places within five miles of the boundaries of the city, for
the purpose of enforcing the health and quarantine regula-
tions thereof.
§ 8. He shall receive for his services outside of the city salary.
such salary as may be fixed by ordinance of the city.
§ 9. In case the mayor shall at any time be guilty of a omission of
palpable omission of duty, or shall willfully and corruptly be " ^'
guilty of oppression, malconduct or partiality in the dis-
charge of the duties of his otiice, he shall be liable to be in- Penalty,
dieted in the circuit court of De Witt county, and on con-
viction shall be fined not exceeding two hundred dollars,
and the court shall have power, on recommendation of the
jury, to add to the judgment of the court that he be re-
moved from office.
ARTICLE VII.
ON PROCEEDINGS IN SPECIAL CASES.
Condemnation
of private pro-
§ 1. When it shall be necessary to taxe private property
for ojDemng, widenmg and altering any public street, lane, perty.
avenue or alley, the corporation shall make a just compen-
sation to the person whose property is so taken ; and if the
amount of said compensation can not be agreed upon, the
mayor shall cause the same to be ascertained by a jury of
six disinterested freeholders of the city.
§ 2. When the owners of all the j)roperty on the street. Petition,
lane, avenue or alley proposed to be opened, widened or
altered, shall petition therefor, the city council may open,
widen or alter such street, lane, avenue or alley upon con-
dition to be prescribed by ordinance, but no compensation compensation,
in such case shall be made to those whose property shall
be taken, their tenants or others, for the opening, altering .
or widening such street, lane, avenue or alley, nor shall
there be any assessments of benefits or damages that may
accrue thereby to any of the petitioners.
§ 3. All jurors empanneled to inquire into the amounts Duties of jurors
of benefits or damages which shall happen to the owners of
property proposed to be taken for opening, widening or
altering any street, lane, avenue or alley, shall first be
sworn to that efiect, and shall return to the mayor their in-
quest in writing and signed by each juror.
§ 4. In ascertaining the amount of compensation for Benefits,
property taken for opening, widening or altering any street,
lane, avenue or alley, the jury shall take into consideration
the benefit as well as the injury happening by any such
788 CITIES.
opening, widening or altering such street, lane, avenue or
alley.
Second inquest, § 5. The mavor shall have power, for good cause shown,
within ten days after any inquest shall have been returned
to him as aforesaid, to set the same aside and cause a new
inquest to be made.
Special tax. § 6. Upou a petition of two-thirds of the property hold-
ers, the city council shall have power, by ordinance, to levy
and collect a special tax on the holders of lots in any street,
lane, avenue or alley according to their respective fronts
owned by them, for the purpose of draining, grading or
planking sidewalks, and lighting such street, lane, avenue
Proviso. or alley : Provided^ said tax shall not exceed jn amount tho
cost of said sidewalks and lighting respectively, which tax
shall be collected in the same manner as other cit}^ taxes.
ARTICLE VIII.
MISCELLANEOUS PROVISIOXS.
Repairs of § 1. The city couucil shall have power, for the purpose
of keeping the streets, lanes, avenues and alleys in repair,
to require every able-bodied male inhabitant in the city,
Road labor. ovcr twcnty-oue years of age, to labor on said streets, lanes,
avenues and alleys, not exceeding three days in each year;
and any person failing to perform such labor, when duly
notified by the street commissioner, shall forfeit and pay
one dollar for each day so neglected or refused.
§ 2, The inhabitants of the city of Clinton are hereby
exempted from working on any road beyond the limits of
the city, and from paying any tax to procure laborers to
work upon the saoie.
§ 3. The city council shall have power to provide for
the punishment of offenders by imprisonment in the county
or city jail, in all cases when such offenders shall fail or re-
fuse to pay the fines and forfeitures which may be recovered
against them.
§ 4. The city council shall cause to be published annu-
ally a full and complete statement of all moneys received
and expended by the corporation during the preceding
year, and on what account received and expended.
§ 5. Appeals shall be allow^ed from decisions in all
cases arising under the provisions of this act or any ordi-
nance passed in pursuance thereof, to the circuit court of
said county of De Witt, and every such appeal shall be
How conducted, granted in the same manner, and with like effect, as ap-
peals are taken from and granted by justices of the peace to
the circuit court under the laws of tliis state.
^ficifof' nai" °^' § ^' Whenever the mayor shall absent himself from tlie
mayor. ^.^^^^ ^^, resign or die, or his office shall otherwise be vacated,
How filled. the board of aldermen shall immediately proceed to elect
one of their number as president, who shall be mayor ^^/'c>
Exemption.
Commitments.
Annual state
ments.
Appeals.
CITIES. 789
tern, until the office shall be filled by election, as herein pro-
vided.
§ 7. This act is hereby declared to be a public act, and Public act.
may be read in evidence in all courts of law or equity
within this state without proof.
§ 8. All acts or parts of acts coming within the provisions inconsistency.
of this charter, or contrary to or inconsistent with its pro-
visions, are hereby repealed.
§ 9. The city marshal or any other officer authorized to city marshal.
execute writs or any other process issued by any judicial
officer in said city, shall have power to execute the same
anywhere within the limits of the county of De Witt, and Limits,
shall be entitled to the same fees for traveling as are al-
lowed to constables in similar cases. The said city marshal,
by virtue of his office, shall be a constable of De Witt
county, with power to serve process and do all other acts Powers speci-
that a constable may lawfully do, and receive the same fees ^^^'
as are allowed to other constables by law, and shall hold
his office for one year, and shall give bond as other consta-
bles are required by law to give, which bond shall be tiled
in the office of the county clerk.
§ 10. The members of the city council shall he,exqficio, ex officio offi-
fire wardens and conservators of the peace within the city, ^^^^'
and are hereby authorized and it is made their duty to ar-
rest all persons who are violating or have violated any or-
dinance of the city or any law of the state, with or without
process, and have them prosecuted therefor ; and any per-
son or persons who shall willfully interrupt or oppose them
in discharge of the requirement hereof, shall be subject to
the same penalties as though they had opposed or inter- Penalties.
rupted a marshal, sheriff or constable in the legal discharge
of their duties. They shall moreover be exempt from jury Exemption. ■
duty and street labor or the payment of street taxes during
their term of office.
§ 11. There shall be elected, at the first election for city Police magis-
officers, and every four years thereafter, one police magis- *^*'®'
trate, who shall hold his office for the term of four years
and until his successor shall be elected and qualified. The
mayor of the city, ex officio, and the said police magistrate
shall have in their county the same jurisdiction, powers Powers.
and emoluments as justices of the peace in this state, ex-
cept when the city of Clinton shall be plaintiff, in which
case their jurisdiction shall extend to any sum not exceed-
ing the sum of two hundred and fifty dollars. The gover- how commis-
nor shall commission said mayor and the police magistrate, sionea.
and each one shall execute and deliver unto the city clerk,
within twenty days after his election, a bond to be approved
by said clerk, with one or more good and sufficient securi-
ties, in the sum of not less than two thousand dollars, con-
ditioned that he will justly and fairly account for and pay
over all money that may come into his hands under any
judgment or otherwise by virtue of his said office, and that
790 CITIES.
he will well and truly ]ierforra every act and duty enjoined
on him by this charter or the haws of this state to the
best of his skill and abihties ; said bond shall be made
payable to the city council of the city of Clinton for the
use of the people of the state of Illinois, and be held for
the security and benetit of all suitors and others who
may be aggrieved or injured by the magisterial acts or mis-
conduct of said police magistrate, or of said mayor while
Change of venue actiug as a poKcc magistrate; change of venue may in all
cases be taken from the police magistrate to the mayor as,
ex offiolo, police magistrate and from the mayor to the said
police magistrate as aforesaid, and the practice and usages
of the same shall be as in the justice's court.
Ex officio jus- § 12. The police magistrate and mayor of said city shall
peace. °^ *''° be, cx oficio, justiccs of the peace of said county of De "Witt,
and shall have jurisdiction over the same matters and re-
ceive the same fees as are prescribed by law for other jus-
powei-s. tices of the peace, but the extent of said jurisdiction as to
the amount in controversy shall be governed by the act in-
corporating the city.
Sale of liquors. | 13. ]S[o provisious of this act shall be construed as to
authorize the sale of ardent spirits in less quantities than
now provided by law, unless licensed so to do by the city
council,
§ 14. This act to take effect and be in force from and
after its passage.
Approved March 8, 18G7.
la force March AN ACT to amend " An act to incorporate the city of Sj^arta, in Randolf^li
8> 18*^7. county," approved February 24tli, 1859.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
subscriptiou to city couucil bc and they are hereby authorized to subscribe
railroad Btock. ^^^. gjiares of stock in any railroad company now chartered
and organized or that may hereafter be chartered and or-
ganized under the laws of the state of Illinois, in any sum
or sums, the aggregate of which shall not exceed the sum of
one hundred thousand dollars, and which stock, so sub-
scribed, shall be under the control of said city council or of
any agent or agents that said city council may duly ap-
point, in all respects as stock subscribed by individuals:
Proviso. Provided, that when any stock is subscribed to any railroad
company under this act, the time of the payment of the
same shall be so fixed that not exceeding the sum of fifteen
thousand dollars, of principal and interest, shall fall due in
any one year.
Payment of § ^- '^'^^^ ^"^^ ^^^^ payment of stock so subscribed the
stock. said city council is hereby authorized to iss,uc to the rail-
Yc,n(\ nomnaiiv. the stock of which is so subscribed for. the
CITIES. ^gj
bonds of said city ot Sparta, at par, bearing interest not ex-
ceeding ten per cent, per annum, payable annually, with
interest coupons annexed, and executed by the mayor of
said city ot Sparta, and countersigned by the clerk of said
city counci!, to an amount equal to the par value of tho
shares of stock subscribed, and to pledge the faith of the
said city of Sparta for the annual payment of the interest
and ultimate redemption of the principal ; which bonds
may run any period, not exceeding ten years, that the said
thJr?M "f^ determine ; said bonds to be payable on
the hist Monday ot April, in whatever year they may be
made payable. -^ ^
to IPv; .^i^ city council is hereby authorized and required special taxes,
to levy and collect a special tax upon all the taxable proper-
ty in said city sufiicient to pay the accruing interest annu-
ally, on any sum or sums said city council may subscribe to
any railroad company and to pay the said subscription as it
may become due, at arate not exceeding fifteen thousand
dohars principal and interest, in any one year ; said special
tax to be levied and collected at the same time and in the
same manner that other taxes of said city are levied and
collected ; and, when collected, shall be applied to the pay
nient of the amount, interest and principal, of said bonds
as fast as they shall fall due, and to'no othei' purpose what
ever, unti the whole of said bonds, so issued, with the i te-
res due thereon, are paid in full. And the said city council
shall have the same rights, powers and remedies to enforce
the collection of said special tax, by the sale of property
and otherwise, as is now provided for the collection ?f
other taxes for revenue and other purposes.
^ 4. That before the stock aforesaid shall be subscribpd i., r .
or any part thereof, an election shall be held to ascertain -^-Sti?nl
whether the citizens, of the said city of Sparta are ce [roTs
that such subscription be made, which said election shall
be called by the city clerk, when so directed by ?h e d t v
council,and shall beheld and conducted and th^e return^
thereof made m like manner as is now provided fbr the
election of the officers of the said city.
§. f • , Tiie vote at said election shall be by ballot upon m
tnU wri en' 'PC " ^''T^ T. ^'''^' P-nteV^L"d '''^^'' "
paitly written, i^or railroad, (specifying what rail-
road) b— ,;; >peci ying Iw much ,^r, "Agains the
rr" (specifying ^^liat railroad." If it shall be Lnd
hat a maiority of the legal voters of said city votW upon
the questions have voted for the railroad the 'amount" to be
subscribed o such radroad company shall be the <^reatest
sum for which there shall be the greatest plurality ?f-To?es
m the ballot so taken. And in case there shall be no ?fH r
mative majority vote fbr the railroad at the first election
called for such purpose, other elections may be called for a
like purpose, whenever the mayor and city council shall be
votin'r.
792
Petitions for petitioned so to do by at least fifty of the legal voters of said
elections. ^:^^^^^ ^^^ exceeding three times in each year, until an affir-
mative vote may be had for the railroad voted for by a
majority, as aforesaid. Such subsequent elections, when
called, shall be conducted in the manner herein provided
for the first election. In case a majority of the voters voting
at any such subsequent election for the railroad voted for,
the amount to be subscribed shall be ascertained, as afore-
said ; and such sum shall be the true amount authorized by
said city to be subscribed to such railroad company ; which
subscription, when thus ascertained, the uiayor of said city
shall duly subscribe for such stock to said railroad com-
pany ; and, when so made, such subscription shall be bind-
ing upon said city of Sparta forever.
Bonds. § 6. The bonds which shall be issued under the provi-
sions of this act shall be issued for any sum not less than
one hundred dollars each, and, in the aggregate, not to
exceed the amount of stock subscribed to said railroad
company under this act.
Section iG, of § 7. That sectiou (16) sixteen, of article (5) five, of said
anwAe^mien- ^^^^ be amended, by striking out the words "one-half of,"
so that said section will read "not exceeding one per cent,
per annum upon the assessed value thereof," etc.
§ 8. That this act shall be deemed and taken as a pub-
lic act, and shall be in force from and after its passage.
Approved March 8, 1867.
In iorce Febvu- AN ACT to incorporate the city of El Pago,
ary 27, 1S67,
ARTICLE FIRST.
Section 1. Be it e7iacted ly the People of the State of
Illinois^ represented in the General AssemUy^ That the
Boundaries. corporatc limits of the city of El Paso shall embrace and
include within said city, subject to its jurisdiction, charter
and ordinances, the following lands and territor}', to-wit :
1* All of section five (5), east half of the northeast quarter of
section six (6), east half of the southeast quarter of section
six (6), east half of the northeast quarter section seven (7),
north half of section eight (8), west half of the northAvest
quarter of section nine (9), west lialf of tlie southwest quar-
ter of section four (4), and west half of the northwest
quarter of section four (4) ; all in township number twenty-
six (26) north, of range number two (2) east of the third
(3d) principal meridian, in the county of Woodford and state
Adaiiions. of Illinois, with such other additions of land as may be in-
CITIES. 793
corporated with and come under the jurisdiction of said
city.
§ 2. Tiie inhabitants of said city shall be a corporation, Name and style
by the name of the " City of El Paso ;" and by that name
shall have perpetual succession ; sue and be sued, and com- Powers of cor-
-i-i. T. , 11 Deration.
plain and detend in any court; may make and nse 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 benefit of the city.
§ 3. The city uf El Paso shall be divided into two (2) wards.
wa'rds, the boundaries of which shall be fixed by the city
council, and shall be by the city council changed, from time changes,
to time as they shall see fit, having regard to the number of
free white male inhabitants, so tbat each ward shall contain,
as near as may be, the same number of white male inliabi-
tants. The city council may create additional wards, as occa
sion may require, and fix the boundaries thereof.
Additional
wards.
ARTICLE SECOND.
§ 1. The municipal government of the city shall consist
of a city council, to be composed of the mayor and two city council,
aldermen from each ward. The other ofificers of the corpo-
ration shall be as follows : A city clerk, a city marshal, a
city treasurer, a city attorney, a city assessor and collector, city officer?.
a city surveyor and engineer and a city supervisor, who, in supervisor,
addition to the duties prescribed by this article, shall per-
form such duties as may be prescribed by ordinance, and
who. in addition to the township supervisor, to which the
township of El Paso is now entitled, under the general town-
ship organization laws, shall be a member of the board of
supervisors of Woodford county, and shall have, possess
and enjoy all the rights, powers and privileges that are now
or hereafter shall be possessed and enjoyed by the several Powers of.
township supervisors of the said county of Woodford.
There shall also be such other oflEicers, servants and agents
of the corporation as may be provided by ordinance, to be Additional offi-
appointed by the city council, and to perform such duties as
may be prescribed by ordinance.
§ 2. The annual charter election of the city of El Paso,
of all oflacers of said corporation required to be elected by charter eiecv
the charter of said city or any ordinance thereof, shall be
held on the first Monday of April, in each year, and upon
that day the mayor, the city clerk, the city marshal, the city
assessor and collector, the city treasurer, and supervisor,
and the city attorney, shall be elected by the qualified vo-
ters of said city. There shall also be elected, at the same
time, in each ward, by the qualified voters thereof, two
Yol. 1-70
tion.
794:
Regulations.
Ward represen-
tation,
Proviso.
Regulations.
Quorum.
Vacation of of-
fice.
New election.
Removal from
office.
CITIES.
aldermen, to represent siicli ward in tlie city council. All
officers elected or appointed under said charter, except
aldermen, shall hold their office lor one year, and until the
election or appointment and qualification of their succes-
sors respectively. All other officers mentioned in said
charter, and not otherwise specially provided for, shall be
appointed by the city council, by ballot, on the second Mon-
day of April in each year, or as soon thereafter as may be.
But the city council may specially authorize the appoint-
ment of watchmen and policemen by the mayor, to con-
tinue in office daring the pleasure of the city council, and
subject to removal from office by the mayor, for good cause.
All officers elected or appointed to fill vacancies, shall hold
for the unexpired term only, and until the election or ap-
pointment and qualilication of their successors.
§ 3. The several wards of the city shall be represented
in the city council by two aldermen Irom each ward, who
shall be honafide residents thereof, and hold their offices lor
two years from and after their election, and until the elec-
tion and qualification of their successors. They shall be
divided into two classes, consisting of one alderman from
each ward, so that one from each ward shall be annually
elected. At the first meeting of the city council, after the
annual election, in April, 1868, the aldermen shall be di-
vided into two classes, by lot : the terms of office of those
of the first class shall expire in one year, and of those of
the second class in two years : Provided^ that the present
president and trustees of the town of El Paso shall hold
over, the said president holding over as the mayor of said
city of El Paso and the said trustees as the aldermen of said
city, two trustees representing, as near as may be, each ward,
until the first Monday in April, a. d. 1868, when the first
election for mayor and aldermen of said city shall take place.
§ 4. If from any cause there shall not be a quorum of
aldermen, the clerk shall appoint the time and place of hold-
ing a special election to supply such vacancies, and to a)-
point judges thereof, if necessary. If any alderman shall
remove from the ward represented by him, his office shall
thereby become vacant. If, for any cause, the officers
herein named shall not be appointed on the second Monday
of April, in each year, the city council njay adjourn, froui
time to time, until such appointments are made. If there
should be a failure by the people to elect any officers herein
required to be elected, the city council may forthwith order
n new election.
§ 5. Any oflicer, elected or appointed to any office, may
be removed from such office by a vote of two-thirds of .ill
the aldermen authorized by law to be elected; but no ofli-
cer shall be removed, except for good cause, nor unless first
furnished with the charges against him, and heard iu his
CITIES. 795
defense; and the city council shall have power to compel
the attendauce of witnesses and the production of papers, witnesses,
when uecetsary for the purpose of such trial, and shall pro-
ceed, within two days, to hear and determine upon the
merits of the case; and, if such othcers shall neglect to ap-
pear and answer to such charge then the city council may
declare the office vacant : Provided, this section shall not proviso,
be deemed to apply tg any officer appointed by the city
council. Such oliicer may be removed, at any time, by a Two-thirds vote
vote of two-thirds, as aforesaid, in their discretion ; but any
officer may be snspended nntil the disposition of the charges
when preferred.
§ 6. Whenever any vacancy shall occur in the office of vacancy in the
mayor or alderman such vacancy shall be tilled by a new office of mayor
election, and the city council shall order such special elec-
tion 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 no special election spg^iai election
shall be held to fill vacancies if more than nine months of
the time has expired.
§ 7, All citizens of the United States, qualified to vote Qualifications of
at any election held under this act, shall be qualified to hold
any office created by this act ; but no person shall be eligi-
ble to any office under this or any other act in relation to
said city, who is now or may hereafter be a defaulter to said Disqualification
city, or to the state of Illinois, or to any other city or county
thereof; and any person shall be considered a defaulter who
has refused or neglected, or may hereafter refuse or neglect,
for thirty days after demand is made, to account for and pay
over to the party authorized to receive the same any public
money wdiich may have come into his possession ; and
if any person holding any such office or place within the
city shall become a defaulter, while in office, the office or
place shall thereupon become vacant.
§ 8. \yhen two or more candidates for any elective rj-j^ ^^^^^^
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.
§ 1. A general election of all the officers of the corpo- General eiec-
ration, required to be elected by this act or ordinance of the *'°"'
city, shall be held in each of the wards of the city on the
first Monday in April, in each year, at such places as the Time,
city council may appoint, and of which thirty days' previous
public notice shall be given, by written or printed notices Notices.
in three public places in each ward, or by publication in the
newspaper publishing the ordinances of the city, by the
city clerk : Provided, no mayor or alderman or police mag- Proviso,
istrate shall be elected for said city until the first Monday
Election— how
conducted.
Qualify.
Proviso.
796 CITIES.
in April, 1868, except to fill vacancy occurring by death,
resignation or refusal to serve.
§ 2. The manner of conducting and voting at the elec-
tions held under this act and contesting the same, the keep-
ing the poll lists, the canvassing tlie votes, and certityino-
the returns, shall be the same, as nearly as may be, as i's
now or may hereafter be provided by law at general state
elections : Provided^ the city council shall have power to
regulate elections, and the appointment of the judges thereof.
The voting shall be by ballot, and the judges of the elec-
tion shall take the same oath, and shall have the same
power and authority as the judges of the general elections.
After the closing of the polls the ballots shall be counted,
in the manner provided by law, and the returns shall be
returned, sealecl, to the city clerk, within three days after
the election ; and thereupon the city council shall meet and
canvass the same, and declare the result of the election.
The persons having the highest number of votes for any
ofiice shall be declared elected. It shall be the duty of the
city clerk to notify all persons elected or appointed to office
of their election or appointment, and, unless such person
shall qualify within twenty days thereafter, the ofiice shall
become vacant : Provided^ that the general registry law
approved February 15, 1865, shall apply to said city elections.
§ 3. No person shall be entitled to vote at any election
Disqualification under this act who is not entitled to vote at state elections.
from voting. , , • i , ,. • t • , . , -, . '
and been a resident ot said cit}^, thirty days next preceding
such election ; he shall have been, moreover, an actual resi-
dent of the ward in which he proposes to vote, for thirty
days previous to such election, and, if required by any judge
or qualified voter, shall take the following oath, before he
is permitted to vote : "I swear (or afiirm) that i am of the
Oath. age of twenty-one years, that I am a citizen of the United
States, (or was a resident of this state at the time of the
adoption of the constitution,) and have been a resident of
this state one year, and a resident of this city thirty days
iuimediately preceding this election, and am now, and have
been for the last thirty days past a resident of this ward, and
shall have not voted at this election : Provided^ that the
Proviso. voter shall be deemed a resident of the ward in which he is
accustomed to lodge.
§ 4. No election shall be held in any grog shop or other
place where intoxicating liquors are vended by retail.
§ 5. The persons entitled to vote at any election held
under this act shall not be arrested on civil" process within
said city upon the day on which said election is held. And
all persons illegally voting at any election held under this
act or ordinances of the city in pursuance thereof, shall be
punishable according to the laws of the state.
Place of e.ection
Penalties.
797
ARTICLE FOURTH.
§ 1. Every person cliosen or appointed to an executive, oath of office.
iudicial or administrative office under this act, shall, before
he enters upon the duties of his office, take and_ subscribe
the oath of office prescribed in the constitution of this state,
and file the same, duly certified by the officer before whom it
was taken, with the city clerk.
§ 2. The mayor shall, before he enters upon the duties oath of mayor.
of his office, in addition to the usual oath, swear or affirm
that he will devote so much of his time to the duties of his
office, as an efficient and faithful discharge thereof may
require. He shall preside over the meetings of the city Duties of mayor
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 officers of the
city discharge their respective duties ; and he shall cause
negligence and positive violation of duty to be prosecuted ^"^1^1™' ^^
and punished. He shall, from time to time, give the city
council such information and recommend such measures as
he may deem advantageous to the city.
§ 3. He is hereby authorized to call on any and all E",|i°-^-ent of
^vhite male inhabitants of the city or county, over the age
ot eighteen years, to aid in the enforcing the laws of the
state "or the ordinances of the city, and, in case of riot, to call
out the militia to aid in 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 fine, not less'
than five dollars.
§ 4. He shall have power, whenever he may deem it in^pectio^^i of
necessary, to require of any of the officers of the city an """"""^ '"
exhibit of all his books and papers, and he shall _ have
power to execute all acts that may be required of him by
this act or any ordinance made in pursuance thereof.
§ 5. He shall be liable to indictment in the circuit court 0™'^^^*" °f
of "^Woodford county tor palpable omission of duty, willful
oppression, and mal-conduct or partiality in the discharge
of the duties of his office, and, upon conviction, shall be
subject to a fine, not exceeding one hundred dollars; and Amount of fine
the'court shall have power, upon the recommendation of the
jury, to add, as part of the judgment, that he be removed
from his office.
§ 6. He shall receive such salary as may be fixed by or- salary.
dinance, not exceeding six hundred dollars per annum.
§ 7. All ordinances and resolutions shall, before they ^If^^H "^'^
take effect, be placed in the office of the city clerk, and if
the mayor approve thereof he shall sign the same, and
such as he shall not approve he shall return to the city
council with his objections thereto. Upon the return of
any ordinance or resolution by the mayor, the vote by
(98
CITIES.
Reeonsidera-
'■■ tion.
Ex officio.
Vacancy.
Acting rnn3-oi-.
Jlembers of tli*
council.
E.-c officio.
Exemption.
Corporate seal.
Accounts.
City attorney.
Regulations.
City treasurer.
which the same was passed shall be reconsidered, and if,
after such reconsideration, a majority of all the members
elected to the city council shall agree, by the ayes and nops,
which shall be entered on the journal, to pass the same, it
shall go intx) effect; and if the mayor shall neglect to ap-
prove 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 to be
taken by this act, which shall be good' and valid in law.
§ 8. In case of vacancy in the office of mayor, or of his
being unable to perform the duties of his office, by reason
of temporary or continued absence, or sickness, the city
council shall appoint one of its members, by ballot, io pre-
side over their meetings, whose official designation shall be
•'Acting Mayor;" and the alderman so appointed shall be
vested with all the powers and perform all the duties ot
mayor until the mayor shall resume his office or the va-
cancy shall be filled by a new election.
§ y. The members of the city council shall be, ex officio^
fire wardens and conservators of the j^eace within the city,
and shall be exenjpt from jury duty and street labor, or the
payment of street taxes, during their term of office. ■
§ 10. The clerk shall keep the corporate seal and all
papers and books belonging to the city. Ho 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 corporate seal, shall be evidence in all courts, in like
manner as if the originals were produced. He shall, like-
wise, 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 accu-
rate account of all receipts and expenditures, in such man-
ner as the city council shall direct ; and he siiall have power
to administer any oath required to be taken by this act.
§ 11. It shall be the duty of the city attorney to per-
foi-m 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 : Provided, however, that the of-
fices of city clerk and city attorney may be vested in the
same person.
§ 12. The city treasurer shall receive all moneys belonging
to the city, and shall keep an accurate account of all receipts
and expenditures in such manner as the city council shall
direct. All moneys shall be drawn i'rom the treasury in
pursuance of an order of the city council, by a treasury
warrant, signed by the mayor or the presiding'officer of the
city council, and countersigned ]>y the clerk, and such war-
799
CITIES. '
Report.
Srcl'VneLrttnty days bef,.etl. annual el^^^
each yea.-, a.Kl oltener if reqmred, a tnll and detailed ac
count oTa 1 receipts and expenditures since tlie dale ot the
STanmu'l report, and, hU,, the state " , ''-, '--^"''y •.
i13-T^e'c!;t^^:,^l^:l";>"r;-"™^^^^^^^^^^^^
to be aijproved by tbe comity court, as m othei cases, xie ^^^^
sh.le4cute and return all process issued by -any proper
offiL- under this act, or any ordinance in pursuance there-
of but he shall not serve and execute ciyd process, othei
?han t- .r the city, without the consent of the city council ot
''tlf ^The city engineer or surveyor shall have the sole cuy engineer.
w r^cr be He shall possess the same powers, in making
X and s^frveys within the city, as is giv^en by law to
^tnt surveyo/s,and the like effect and vahdi J shall be
given to his acts and to all plats and surveys made by h m
Ss are or may be given by law to the acts, plats and su -
bonnSs 0? streets and alleys ; but such plans esttnmes B.„n<,„,„.
and cSLts, grades and bonndaries shall be fars .^ported
to tbe city council and approved by them, or tbey shall not
^"i'lt The assessor and collector shall perform all duties p.»»,.
iu rela ion to the assessing of property, for the P">-P-«^ «/
levyino- the taxes imposed by the city councd. In the per-
formance of bis duties he -l'^'' l'»™/''<= ^^l^,, P^'^^^^,^'
are or may be given by law to county or town assesso s,
and 1 eSject t°o the sJme liabilities. On complej.ng the ...„„..
assessment lists, and havitig revised and coi-rected the sa ne _^______ ^^
he shall sign and retnrn them to the c.ty counc 1 11« ^ »«'' ..«ss™....
collect all taxes and assessments which may be levied by
?he city council, and perform such other duties as may be
herein prescribed or ordained by the city councd.
800 CITIES.
Supervisor. § 16. The supervisoi' sliall superintend all local im-
provements in the city, and carry into efiect all orders of
the city conncil in relation thereto. It shall also be his duty
to superintend and supervise the opening of streets and
alleys, and the grading, improving and repairing thereof,
and the construction and repairing of bridges, culverts and
Graaing. sewcrs ; to order the laying, re-laying and repairing of side-
walks ; to give notice to the owners of pi'operty adjoining
such sidewalks, when required, and, npon the failure of any
person to comply with such notice, to cause the same to be
Apportionment laid, rc-laid or repaired, and apportion the cost thereof
ot costs. ' ,, ^ ' , J- ' , , 1 ,
among the persons or lots properly chargeable therewith,
and deliver the account thereof to the city clerk, to be laid
Estimates. before the city council ; to make plans and estimates of any
work ordered in relation to streets and alleys, bridges, cul-
verts or sewers ; to keep full and accurate accounts, in
appropriate books, of all appropriations made for work
Disbnisements. pertaining to his office, and of all disbursements thereof,
specifying to whom made and on what account, and he shall
render monthly accounts thereof to the city council.
Further duties, § lY. The city council shall have powcr, from time to
time, to require farther 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
nnder this act, whose duties are not herein specifically men-
tioned, and fix their compensation. They may also require
all officers, severally, before they enter npon the duties of
Bond. their respective offices, to execute a bond to the city of El
Paso, in such sum and with such securities as they may
approve, conditioned that they shall faithfully execute the
duties of their respective offices and account for and pay
over and deliver all moneys and other property received by
them, which bond, with the approval of the city council
certified thereon by the clerk, shall be filed in his oflice.
Default in office. § IS. If any person, having been an officer of Said city,
shall not within ten days after notification and request, de-
, liver to his successor in office all the property, books, papers
and effects of every description, in his possession, belonging
to said city or appertaining to his said office, he shall forreit
Penalty. ^"^^^^1 pay, for the use of the city, fifty dollars, besides all
damages caused by his refusal or neglect so to deliver ; and
such successor may recover possession of the books, papers
and effects belonging to his office in the manner prescribed
by the laws of the sUte.
Officers— how § i^^- All officers elected or appointed under tliis act
commissioned. gi^j^Q j^g commissioned by warrant, under the corporate seal,
signed by the mayor or presiding officer of the city council
and clerk.
801
ARTICLE FIFTH.
Restrictions.
§ 1. The mayor and aldermen shall constitute the city city council.
council of the city. The city council shall meet at such Meeting,
time and place as they shall, by resolution, direct. The
mayor, when present, shall preside at all meetings of the
city C(»uncil, and shall have only a casting vote. In his casting vote,
absence any one of the aldermen may be appointed to pre- Quorum.
side. A majority of the persons elected aldermen shall
constitute a quorum.
§ 2. No member of the city council shall, during the pe- compensation.
riod for which he is elected, receive any compensation for his
services or be appointed to or be competent to hold any
office of which the emoluments are paid from the city trea-
sury, or paid by fees directed to be paid by any act or ordi-
nance of the city council, or be directly or indirectly inter-
ested in any contract, the expense or consideration whereof
is to be paid under any ordinance of the city council, or be
allowed to vote in any matter in which he is directly inter-
ested personally or pecuniarily.
§ 3. The city council shall hold twelve stated meetings, ^''''^ "^'^^'"'^^
one in each month during the year, and the mayor and any
two aldermen may call special meetings, by notice to each Notices.
of the members of the council, served personally or left at
their usual place of abode. Petitions and remonstrances may
be presented to the city council, and they shall determine
the rule of their own proceedings and be the judges of the Proceediiags,
election and qualifications of their members, and shall have 'b^^rT.' ™^™"
power to compel the attendance of absent members.
§ 4. The city council shall have the control of the conjroioffinan-
Unauces and of all the property, real, personal and mixed,
belonging to the corporation ; and shall likewise have power
within the jurisdiction of the city by ordinance —
I'lrst. — To regulate agencies of all insurance companies, ^panTe^g""® ^°^'
and to license, tax and regulate agents of all such insurance
companies doing business in said city.
Second.— Ho suppress, restrain, abate or prohibit, within ^hloses!^
said city and within two miles of the limits thereof, disor-
derly houses, tippling houses, and groceries, and bawdy
houses, houses of ill-fame, gambling houses and all riotous
and disorderly assemblages.
Third. — To suppress and punish vagrancy; to define Vagrancy.
what acts shall constitute vagrancy and who shall be deemed
vagrants.
Fourth. — To regulate all cemeteries or burying grounds ^g^oimda.
within two miles of the city, and to punish, by fines, penal-
ties or imprisonments, all persons who shall trespass upon
or desecrate the same, or violate the provisions of any ordi-
nance in relation thereto, in the same manner as if the of-
fence were committed within the city.
penses.
802 CITIES.
Borrow money. Fifth. — To hori'ow monej OD tlie Credit of the city and
issue the bonds of the city therefor; but no sum of money
Rate of interest, gi^all be borrowed at a higher rare of interest than the rate
alh)wed by law, nor shall a greater sum or sums be bor-
rowed or be at any time outstanding the interest upon the
aggregate of which shall not exceed one-half of tlie city
revenue arising from the ordinary taxes within the city for
, the year immediately preceding; and no bonds shall be
issued at less than par value, nor negotiated at less than ten
Appropriation, per ccut. Icss tlian their par value. The appropriation of the
^ city council for payment of interest for improvements and
for city expenses during any one fiscal year shall not ex-
ceed the amount of the whole ordinary revenue of the city
for the fiscal year immediately preceding, but the city coun-
Sarpius money, cil may apply any surplus money in the treasury to the
extinguishment of the city debt or to the creation of a sink-
ing fund for that purpose, or to tlie carrying on of public
works of the city, or to the contingent fund for the contin-
contingentfund gent cxpcuses of the city.
Debts and ex- ISixth. — To appropriate money and to provide for the
payment of the debts and expenses of the city.
Seventh. — To make regulations to prevent the introduc-
tion of contagious diseases into the city ; to make quarantine
laws for that purpose, and to enforce them within the city
and within five miles thereof.
General health. Eighth. — To make regulations to secure the general health
and comfort of the inhabitants ; to prevent, abate and re-
move nuisances and punish the authors thereof by penalties,
fine and imprisonment.; to define and declare what sha'l be
Nuisances. deemed nuisances, and authorize and direct the summary
abatement thereof.
Water. Ninth. — To provide the city with water; to make, regu-
late and establish public wells, pumps and cisterns, by
hydrants and reservoirs, in the streets within the city, or
fires. beyond the limits thereof, for the extinguishment of fires
and the convenience of the inhabitants, and to prevent the
unnecessary waste of water.
Tenth. — To have the exclusive power and control over
the streets, alleys and highways of the city, and to abate
and remove any encroachments or obstructions therein ; to
Alteration.^. open, alter, abolish, widen, extend, straighten, establish,
regulate, grade, clean, or otherwise improve the same ; to
put drains and sewers therein, and to prevent the incumber-
ing thereof in any manner, and to protect the same from
any encroachment or injury.
Bidewaiiis, etc. Eleventh. — To establish, erect, construct, regulate and
keep in repair bridges, culverts and sewers, sidewalks and
crossways, and 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 wall
Exclusive con
(rol of streets,
CITIES. S03
them up and cover them over, and to prevent, regulate and
control the tilling up, altering or changing the channels
thereof hy private persons.
lioelflh. — To provide for lighting the streets and erectinfir Lighting streets
lamp posts and lamps therein, and regulate the lighting
thereof; and, from time to linie, create, alter or extend
lamp districts; to exclusively regulate, din ct and control
the laying and repairing of gas pip«s and gas fixtures in Gas.
the streets, alleys and sidewalks.
Thirteenth. — To establish and to erect markets and mar- Market?.
ket houses, and other public buildings of the city, and pro-
vide for the government and regulation thereof, and their Reguiaiion.
erection and location, and to anfhorize their erection in the
streets and avenues of the city and the continuation of such
as are already erected within the same.
Fourteenth. — To jjrovide for the inclosing, rearulating and Public gioumis,
improviig of all public grounds and cemeteries belonging
to the city, and to direct and regulate the planting and
preserving of ornamental and shade trees in the streets or
public grounds.
Fifteenth. — To erect and establish one or more hospitals Hospitals.
or dispensaries, and control and regulate the same.
Sixteenth. — To prevent the incumbering of the streets, obstructing
alleys, 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 conjp-el all persons to keep the snow, ice, dirt, and other
rubbish away from the sidewalks and street gutters in front
of the premises occupied by them.
Seventeenth. — To license, tax and regulate merchants. Licenses,
commission merchants, inn keepers, brokers, money brokers,
insurance brokers and auctioneers, and to impose duties
upon thesales of goods at auction ; to license, tax, regulate,
suppress and prohibit hawkers, peddlers, pawn brokers,
grocery keepers, and keepers of ordinaries, theatrical or
other exhibitions, shows and amusements.
F'ujhteenth. — To license, tax, regulate and suppress hack- Licenses.
men, draymen, omnibus drivers, porters, and all others
pursuing like occupations, with or without vehicles, and
prescribe their compensation, and to regulate and restrain
runners for stages, cars and public houses.
Nineteenth. — To license, tax, regulate, prohibit and sup- Billiards, etc.
press billiard tables, ten pin alleys and ball alleys; to sup- .
-ress and restrain disorderly houses, tippling shops and ^li'^useg'^^
V series, bawdy houses, gaming and gambling houses, Gambling,
•ies, and all fraudnlent devices and practices, and all
ig of cards, dice and other games of chance, with or
mt betting, and to authorize the destruction of all instru-
iuts and devices used for the purpose of gaming: Provided.^ Proviso.
3 provisions of thecharter shall not be so construed as to de-
prive the circuit court of Woodford county of jurisdiction to
804
Violations.-
Criminal code.
Pi-oper licenses.
Time limited.
Fees.
Liquors.
Forestalling.
Inspection of
Weights— in-
.spection of.
JJeasnrementof
lumber.
Weighing hay,
etc.
Inspection of
liork, etc.
try and punish persons who shall, within the corporate limitS'
of said city, violate the provisions of the one hundred and
twenty-seventh, the one hundred and twenty-eio;hth, and
the one-hundred and thirtieth sections of the criminal code^
as contained in the Revised Statutes of 1845. ;i
Tiveniieth. — To authorize the proper officer of the cit;^
to grant and issue licenses, and to direct the manner of issun.
ing and registerino; thereof, and the fees and charges to be:
paid therefor. No license shall be granted for more than:
one year, and not less than two dollars nor more than five
hundred dollars shall be charged for any license under thiS'
act ; and the fees for issuing the same shall not exceed one^
dollar ; but no license for the sale of wines or other liquors,
ardent or vinous, fermented or malt, at wholesale or retailj
by grocery keepers, inn keepers or others, shall be issued^
for less than fifty dollars.
Twenty-first. — To restrain, regulate and prohibit the sell-l
ing or giving away of any intoxicating or malt liquors by\
any person within the city, except by persons duly licensed ;:
to forbid and punish the selling or giving aw^ay ot any intoxi-
cating or malt liquors to any minor, apprentice or servant,,
without the consent of the parent, the guardian, master o»i
mistress. '
Tiventy-second. — To prevent, restrain and punish forev
stalling and regrating ; to regulate the inspection audi
vending of fresh meats, poultry and vegetables, of butteiy
lard and other provisions, and the place and manner of sell-
ing fish and inspecting the same.
Twenty -third. — To regulate license and prohibit butchers,,
and to revoke their licenses for mal-conduct in the course:
of trade.
Twenty -foiifth. — To establish standard weights and nu;i s-
ures, 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, on property\
of any description, which is sold by measure or weight, to.
cause their measures and w^eights to be tested and sealed by^
the city sealer, and to be subject to his inspection. Thei
standard of such weights and measures shall be conformablet
to those estabhshed by law or ordinance.
Twenty fifth. — To regulate and provide for the inspecting
and measuring of lumber, shingles, timber, posts, staves,
heading, and all kinds of building materials, and for the-
measuring of all kinds of mechanical work, and to appoint
one or more inspectors or measurers.
Twenty-sixih. — To provide for the inspection and weigh-
ing of hay, lime and stone coal, and the place and manner
of selling the same ; to regulate the measurement of fire-
wood, charcoal and other fuel, to be sold or used Avithin the
city, and the place and manner of selling the same.
Iwenty-seventh. — To regulate the inspection of beef,
pork, flour, meal and other provisions, salt, w^hisky and
I CITIES. SOo
iother liquors, to be sold in barrels, hogsheads and other
■vessels and packages; to appoint weighers, gangers and in- Appointment of
■spectors, and prescribe their duties and regulate their fees : ^^'^'shers.
\Frovided^ that nothing herein shall be so construed as to
jrequire the inspection of any articles enumerated herein
iwhich are to be shipped beyond the limits of the state, ex-
icept at the request of the owner thereof or his agent.
j Twenty-eigkth. — To regulate the weight and quality of Bread.
[bread to be sold or used within the city.
! Tioenty -ninth. — To regulate the size and quality of bricks Brieka.
ito be sold or used within the city and the inspection thereof.
I Thirtieth. — To create, establish and regulate the police Police.
|of the city; to appoint watchmen and policemen, and pre-
[scribe their duties and powers.
I Thirtij-jirst. — To prevent and suppress any riot, rout, af- Disturbances.
fray, noise, disturbance or disorderly assembly in any pub-
lie or private place within the city.
Thirty-second. — To prohibit, prevent and suppress horse- Horse raciog.
racing, immoderate riding or driving in the streets, and to au-
thorize persons immoderately riding or driving as aforesaid
to be stopped by any person ; to prohibit and punish the
abuse of animals; to compel persons to fasten their horses Fastening ani-
or other animals attached to vehicles or otherwise, while "''''''•
standing or remaining in the streets.
Thirty-third. — To restrain and punish vagraiits, mendi- Vagrants.
cants, street beggars and prostitutes.
Thirty -fourth. — To regulate, restrain or prohibit the run- Animals at large
ning at large of horses, cattle, swine, sheep, goats, ducks
and geese, and to authorize the distraining, impounding
and sale of the same for the costs of the proceedings and
the penalty incurred, and to impose penalties on the owners Penalties.
thereof for a violation of any ordinance in relation thereto ;
to regulate, restrain and prohibit the running at large of
dogs, and to authorize their destruction whenat large con-
trary to ordinance, and to impose penalties on the owners
or keepers thereof.
Thirty-fifth. — To prohibit and restrain the rolling of hoops, ^°"^"^„ \\oo^fi,
flying of kites and other amusements or practices tending to wowinl hornl|
annoy persons passing on the streets or sidew^alks, or to <=''y''^"S'^°«is-
frighten horses or teams; to restrain and prohibit the ring-
ing of bells, blowing of horns or bugles, crying of goods,
and all other noises, performances and practices tending to
the collecting of persons on the streets or sidewalks, by
auctioneers and others, for the purpose of business, amuse-
ment or otherwise.
Thirty-sixth. — To abate all nuisances which may injure Nuisances.
or affect the public health or comfort in any manner they
may deem expedient.
Thirty seventh. — To do all acts and make all regulations Necessary regu-
which may be necessary or expedient for the promotion of '^''°°^-
health and the suppression of disease.
806 CITIES. ]
Cleansing build- Thlrty-eigJdh.—Tn compel the owner or occupant of anyr
ings. grocery, cellar, soap or tallow chandlerj, or blackbinith
shop, tannei'j, stable, privy, sewer or other unwholtsume or
nauseous house or place, to cleanse, remove or abate the.
same, as may be necessary for the health, comfort and con-
venience of the inhabitants.
Location and ThiHij-ninth.—To direct the _ location and regulate the
eoiistructicu of manao-emeut and construction of breweries, tanneries, black-
ings. g,^-,j^|, shops, founderies, livery stables and packing; houses;;
to direct the location and regulate the management andi
construction of, and restrain, abate and prohibit, within. the
Distilleries, city, and to the distance of one mile from the limits there- 1
;un-.
rection.
CDmmitments.
tai"ow,'efc. of, distiUeries, slaughtering houses, establishments for str
ing or rendering lard, tallow, otfal, and such other sub-!
stances as may be rendered, and all other establish, nenl
or ])laces, where any nauseous, offensive or uuwholesomft
business may be carried on.
Interments. Fortieth. — To regulate the burial of the dead ; to estab-
lish and regulate one or more cemeteries ; to regulate the.
registration of births and deaths ; to direct the returning and
Kills of mor- keeping of bills of mortality, and to impose penalties on physi-
"'''*^ cians and sextons and others for their default in the premises.
Census. Fortif-jipst. — To provide for the taking an enumerationi
of the inhabitants of the city.
House of cor- Fortij-second. — To erect and establish a work-house ord
house of correction, make all necessary regulations there-
for, and all necessary keepers or assistants. In such work-
house or house of correction may be confined all vagrants,
stragglers, idle or disorderly persons, who may be com-
mitted thereto by any proper officers ; and all persons sen-
tenced by any criminal court or magistrate in and for the.
city or for the county of Woodford, for any assault and bat-
tery, petit larceny or misdemeanor, punishable by imprison-
ment in any county jail, and any person who shall tail on
neglect to pay any tine, penalty or costs imposed by anjn
ordinance of the city, for any misdemeanor or breach of an}-\
ordinance of the city, may, instead of being committed to
the county jail of Woodford county, be kept therein, sub-
Hard labor. ject to labor and conlinement.
Destitute chii- ' FoHij third.— To authorize and direct the taking up and
<iren. providing for the safe keeping and education, for such pe-
riods of time as may be deemed expedient, of all children
who are destitute of proper parental care, wandering about
the streets, committing mischief, and growing up in mendi-
cancy, ignorance, idleness and vice.
Forty-fourth. — To fill up, drain, cleanse, alter, relay, re-
'Sytopayfor pair and regulate any grounds, lots, yards, cellars, private!
improvements, ^j^.^jjjg^ g^i^^g and privies, direct and regulate their construc-
tion, and cause the expenses thereof to be assessed and col-
lected in the same manner as sidewalk assessments.
CITIES. • 807
J" oHy-fifth. — To direct and control the laying and con- Rniiioad?.
strnction of railroad tracks, bridges and turnouts, and
switches in the streets and alleys, and the locution of depot
grounds within the city ; to require that raih'uad tracks,
bridges, turnouts and switches sliall be so constructed and
laid as to interfere as little as possible with the ordinary interfeience.
travel and use of the streets and alleys, and that sufficient
space shall be left on either side of said tracks for the safe
and convenient passage uf teams and persons ; to require
railmad companies to keep in repair the streets through Repairs,
which their tracks may run, and to construct and keep in
repair suitable crossings at the intersection of streets and crossings,
alleys, and ditches and sewers and culverts, where the city
council shall deem necessary, and to prohibit the obstruc- obstructions.
tion of street crossings by railroad trains and cars ; to direct
and prohibit the use and i-egulate the speed of locomotive speed of cars,
engines within the inhabited portion of the city ; to pro-
hibit and restrain railroad companies from doing storage or
warehouse business, or collecting pay for storage.
Forty-sixik. — The city council shall have power tD pass. Repeals,
publish, amend and repeal all ordinances, rules and police
regulations, not contrary to the constitution of the United
States and 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 gov-
ernment, or any department or officer thereof; to enforce
the observance of all such rules, ordinances and police Enforcement of
regulations, and to punish violations thereof by fines, pen- °'"'^"''*°=*^*-
alties and imprisonment in the county jail, city prison or Punishment.
workhouse, or both, in the discretion of the court or magis-
trate before whom conviction may be had. But no fine or Amount of due.
penalty shall exceed five hundred dollars nor the imprison-
ment six months for any offence ; and such fine or penalty
may be recovered, with costs, in an action for debt, in the
name or for the use of the city, before any court having ju-
risdiction, and punishment inflicted ; and any person upon
whom any tine or penalty is imposed shall stand committed commitment.
until the payment of the same and costs, and, in default
thereof, may be imprisoned in the county jail, city prison
or workhouse, or required to labor on the streets or the Hard labor,
public works of the city, for such time and in such a man-
ner as may be provided by ordinance.
ARTIOLE SIXTH.
^ 1. The city council shall have power, within the city, by Powers of tiie
!• J '> J council.
ordmance: —
First. — To levy and collect, annually, taxes, not exceed- To levy taxes,
ing five mills on the assessed value of all real and personal
property of the inhabitants thereof made taxable by the
808
Payment of
terest.
City hall and
other build-
ings.
Annual
ments.
Local improve-
ments.
Expenses (
lamp posts.
Pvoviso.
Penalty.
laws of the state for state purposes, to defray tlie general
and contingent expenses of the city, not herein otherwise
provided for ; which taxes shall constitute the general fund.
Second. — To levy and collect taxes, not exceeding five
mills to the dollar, per annum, on all poroperty subject to
taxation, to meet the interest accruing on the debt of the
city. And the city council shall pass no ordinance or reso-
lution incurring or creating a debt, without at the same
time making provisions for levying the tax suificient to
meet the payment of the interest accruing thereon, when
payable.
Third. — To annually levy and collect taxes on all prop-
erty subject to taxation, when required, for the erection of
a city hall, markets, hospitals, city prison or workhouse,
the purchase of market grounds, public squares or parks,
or any other public improvement : Provided, the estimated
cost of a city hall, workhouse or market house may be ap-
portioned by the city council, and collected by a series of
annual assessments. But the cost of market grounds, mar-
kets, public squares or other improvements may be levied
and collected upon all real estate and other property in the
natural divisions of the city in which they are located. ISTo
local improvement, under this section, shall be ordered in
any division, unless a majority of the aldermen thereof
shall vote in favor of the same. But no tax or taxes shall
be levied in any one year under this section which shall
exceed five mills on the dollar on the property assessed for
any or all purposes herein specified. The revenues arising
from such market or other improvements shall be applied
to the liquidation and costs thereof, and taxes shall be levied
and collected to make up the deficiency.
Fourth. — To levy and collect, upon all property in such
districts as they shall from time [to time] create, a tax saSi-
cient to defray one-half of the expenses of erecting lamp
posts and lamps and lighting the streets in such districts ;
and the tax thus collected shall be exclusively expended for
such purposes in the district paying the same.
IHfth. — To require (and it is hereby made the duty of)
every male resident of the city, over the age of twenty-one
years and under the age of sixty 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 three
dollars : Promded, the same shall be paid within ten days
after notification by the supervisor. In default of payment,
as aforesaid, the sum of three dollars and costs may be col-
lected, and no set-ofi" shall be allowed in any suit brought
to collect the same.
sessments.
CITIES. 809
ARTICLE SEVENTH.
§ 1. The city council shall have power, from time to chnugiug
time, to cause any street, alley or highway to be graded, '*'''^'''
re-graded, leveled, paved or planked, and keep the same
in repair, and alter and change the same.
Second. — To cause side and crosswalks, main drains and
sewers and private drains to be constructed and laid, re-
laid, cleansed and repaired, and regulate the same.
Third. — To grade, improve, protect and ornament any pubiie square,
public square or other public ground, now or hereafter laid
out.
F'^v.rtJu — The city council shall have power to assess and Additional
collect ot the owners ot lots or real estate on any street or
other highway, or any part thereof, in the same manner as
other city taxes, or in such manner as may be prescribed
by ordinance, a tax for the purpose of grading, paving or
planking such street or other highway : Provided., that proviso.
such tax shall not exceed five mills per annum of the value
of the property assessed.
§ 2. That, for the purpose of establishing a system of sewerage.
sewerage and drainage, the city council may have power to
cause the city to be laid off into districts, to be drained by
principal and lateral or tributary sewers or drains having
reference to a general plan of drainage by sewers and drains
for the whole city and number and record the same.
§ 3. That whenever a majority in number of the own- Petitions.
ers of real estate within any district shall petition the city
council for the construction of such drains or sewers in such improvement*.
districts, the city council shall have power to levy and collect
a special tax on the real estate within the district so drained,
and not to exceed five mills to the dollar, per annum, on the
assessed value thereof, for the purpose of constructing such
sewers and drains, which tax shall be annually levied and
collected as other city taxes by law, and shall constitute a
lien on the real estate in the district in which it is assessed; Lien on estate.
and the city council shall have power to provide for the
construction and letting of such sewers and drains, or such
parts thereof as they shall deem necessary, and may, from
time to time, extend, enlarge or alter the same, upon such
terms and conditions as they shall deem necessary ; and the
city council shall have power to borrow money for the con-
struction of such sewers and drains, payable, in principal
and interest, from the special tax collected in such districts,
or the city council may apportion the estimated cost of such Apportionment.
drains and sewers and collect the same by a series of annual
assessments; but no ordinance creating such debt, special special tax.
tax or apportionment shall be repealed or altered until the
debt created thereby shall have been paid.
Yol. 1-71
810
CITIES.
Owners of lands § 4. All owiiei'S 01' occupants of lots Or lands in front of,
provemeiits!"^' adjoining or upon whose premises the city council shall
order and direct sidewalks or private drains communicating
with any main drain, to be constructed, graded, repaired,
re-laid or cleansed, or shall declare any such land or lots to
be nuisances, and order the same to be graded, filled up and
drained or otherwise improved, shall make, grade, repair or
re-lay such sidewalk, or make, repair or cleanse such private
drains, or grade, till up, drain or otherwise improve such lotor
land, at their own cost and charges, within the time and in
the manner prescribed by ordinance or otherwise ; and if
Time limited, not done within the time and in the manner prescribed, the
city council may cause the same to be constructed, repaired,
re-laid, cleansed, filled up, graded, drained or otherwise im-
proved, and assess the expense thereof, by an order, to be
entered in their proceedings, upon the lots and lands, re-
spectively, and colle(jt the same, by warrant and sale of the
premises, as in other cases. A suit may also be maintained
against the owner or occupant of such premises, for the re-
covery of such expenses, as for money paid and laid out to
his use, at his request.
Collection. § 5. In all cases where expenses may be incurred in the
removal of any nuisance, the city council may cause the
eame to be assessed against the real estate chargeable there-
with, in the same manner prescribed in the foregoing sec-
tion ; such expenses may be likewise collected of the owner
or occupant of such premises, in 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 nui-
sance, if known, or any person whose duty it may be to re-
move or abate the same.
§ 6. The city council shall have power to compel the
owners of lots or ground fronting or adjoining any private
or public alley to keep the same clean, and, if necessary, to
direct the same to be paved, planked or otherwise, and the
cost thereof to be assessed and collected in the same man-
ner as sidewalk assessments.
Nuisances^
Keeping pro-
perty clean.
ARTICLE EIGHTH.
Annual asfl
niont lists.
§ 1. The city council shall have power, by ordinance, to
prescribe the form of assessment lists, and prescribe the
duties and define the powers of assessors. They may also
make such rules and give such directions in relation to re-
vising, altering or adding to the lists, as they may deem
proper and expedient.
§ 2. The annual assessment list shall be returned by the
assessor on or before the first Monday in August, in each
year, but the time may be extended by order of the city
council. On the return thereof the city council shall fix a
CITIES. 811
day for hearinf]^ objections thereto, and the clerk shall give
notice of the time and place of such hearing, by publication
in the newspaper publishing the ordinances of the city,
and any person feeling aggrieved by the assessment of his
property may appear at the time specified and make his ob-
jections. The city council shall have power to supply
omissions in said assessment lists, and for the purpose of
equalizing the same, to alter, add to, take from, and other-
wise correct and revise the same, or to refer the same back to
the assessor with instructions to revise and correct the same.
§ 3. "When the assessment lists have been corrected and Revisement of
revised the same shall be tiled, and an order confirming the
same and directing the warrant to be issued for the collec-
tion thereof shall be entered by the clerk. The city coun-
cil shall, thereupon, by an ordinance or resolution, levy such
sum or sums of money as may be sufficient for the several
purposes for which taxes are herein authorized to be levied,
not exceeding the authorized per centage, particularly speci- General purp*-
fying the purposes for which the same are levied, and, if ^^'''
not for general purposes, the division of the city upon
which the same are laid.
§ i. All taxes and assessments, general or special, levied Liens,
or assessed by the city council, under this act or any ordi-
nance in pursuance thereof, shall be a lien upon the real
estate upon which the same may be imposed, voted or as-
sessed, for two years from and after the corrected assess- Time.
ment lists shall be confirmed or the passage of the order for
assessment, and on personal estate from and after the de-
livery of the warrant for the collection thereof un.til paid ; Warrant,
and no sale or transfer shall afitect the lien. Any personal seizure of pro-
property belonging to the debtor may be taken and sold for ^'"^^^'
the payment of taxes on real or personal estate, in the same
manner as is prescribed b}'- the laws of the state : Provided, Proviso.
that in case the collection of any assessment shall be de-
layed by injunction or other judicial proceedings, the same
shall continue a lien, unless set aside, upon the real estate
for the period of two years from and after the final disposi- Time-injunc
tion of such injunction or other judicial proceedings. *"'°"
§ 5. The clerk shall issue a warrant or warrants for the Delinquent tax
taxes, and rule therein separate columns, in which the tax p^^^""^*
levied shall be respectively set down opposite the name of
the person or such real estate subject thereto ; each column
shall be headed with the name of the tax therein set down.
§ 6. All warrants issued for the collection of general or collection n-ai-.
special taxes and assessments shall be signed by the mayor sflntd.*^""^
and clerk, with the corporate seal thereto attached, and
shall contain true and perfect copies of the corrected assess-
ment lists upon which the same may be issued. They shall
be delivered to the collector for collection within thirty days Time.
after the filing of the corrected lists, unless further time for
this purpose shall be given by the city council. If not
312 CITIES.
otherwise paid, the collector shall have power to collect said
Suit in corpo- taxcs, With interest and costs, by suit, in the corporate name
rate name. ^^ ^^ diotrcss and salc of personal propert}'', as aforesaid,
Proviao. after a demand and refusal to pay the same: Provided., a
notice published by the collector for ten days in the news-
paper printing the ordinances of the city shall be deemed a
demand, and a neglect to pay taxes for twenty days there-
afcer shall be deemed a refusal. The assessor's list shall, in
Evidence. all cases, bc evidence on the part of the city corporation.
Taxes-how § 7. AH taxes and assessments, general or special, shall
collected. j^g collected by the collector in the same manner and with
the same power and authority as is given by law to col-
Payment to the Icctors of couuty and state taxes. He shall pay the same,
treasury. ^^ ^-^gj. ^g collected, iuto the city treasury ; and his duty in
regard to returning warrants, and settling with the city,
Default. and his liabilities in case of default or misconduct, shall be
the same as prescribed by law : Provided., the city council
shall have power to prescribe the powers, duties and liabili-
ties of collectors by ordinance.
Non-payment § 8. lu casc of the nou-paymcnt of any taxes or assess-
"'edhfA^^re- ^^^uts Icvicd or asscsscd under this act, the premises may
latioafo. be sold for the payment thereof, at any time within two
years after the conlirmation of the assessment by the city
council. Before any such sale, an order shall be made by
the city council, which shall be entered at large in the jour-
nals or record kept by the clerk, directing the collector to
sell, particularly describing the delinquent premises to be
sold, and the assessment for which the sale shall be made —
a certified copy of which order, under the corporate seal,
signed by the mayor or presiding officer and clerk, shall be
delivered to the collector, which, together with the warrant,
shall constitute the process upon which such eale may be
made.
Advertisement. § 9. The collcctor shall then advertise such premises in
the newspaper publishing the ordinances of the city, for
sale, at least thirty days from and after the first publication
of such notice, describing the premises, by tigures or other-
wise, with the name of the owner (wheu known), and the
several amounts of 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 pro-
ceedings may be stopped at any time, on the payment of
the taxes or assessments and interest, with expenses of
advertising.
Sales-how con- § 10. All salcs shall be conducted in the manner re-
ducted. quired by law ; but 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 and assessments
thereon, with interest and costs of sale. Duplicate certifi-
CITIES. 813
cates of sale shall be made and subscribed by the collector,
one oF which shall be delivered to the purchaser, and tlie
other liled in the office of the clerk ; which certificate shall
contain the name of the purchaser, a description of the pre-
mises sold, the amount of taxes or assessments, with the
interest and expenses, for which the same was sold, and the
time when the right to redeem will expire. The collector
shall be allowed the same fees for selling as are allowed by
law for similar services, or his fees may be regulated by or-
dinance. The clerk shall keep a record of such sales, which
shall be open to public inspection at all reasonable times.
§ 11. The right of redemption, in all cases of sales for Redemption-
taxes or assessments, shall exist to the owner, his heirs,
creditors or assigns, to the same extent as allowed by law
in cases of sales of real ^estate for taxes, on the payment, In
legal tender currency, of double the amount for which the
same was sold and all taxes accruing sulisequent to the sale,
with interest. If the real estate of any mi'siut,femme covert
or lunatic, be 'sold under this act, the same may be re-,
deemed at any time within one year after such disability is
removed. In case of redemption, the money may be paid
to the purchaser or for him to the city clerk, who shall make
a special deposit thereof Avith the treasurer, taking his
receipt therefor. If not redeemed according to law, the P''oof of loss.
city council shall, upon the return of the certificate or proof
of its loss, direct a deed to be executed to the purchaser, j^^ed.
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 so sold and un-
redeemed, as aforesaid. An abstract of all deeds so made Abstract.
and delivered shall be enteied by the 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.
§ 12. The assignee of any tax certificate of any premi- -Deed^ may ^be
sea sold for taxes or assessments, under authority of the city, Ssigaee''
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.
§ 13. If, at any sale of real or personal estate for taxes
or assessments, no bid shall be made for any parcel of land
or any goods and chattels, the same shall be strnclc off to the
city, and thereupon 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.
§ IJr. All deeds made to purchasers of lots sold for taxes ^facfle'vidTnc
or assessments, by order of the city council, shall be prima
facie evidence in all controversies and suits in relation to
the right of the purchaser, his heirs or assigns, to the
premises thereby conveyed, of the following facts —
First. — That the land or lot conveyed was subject to taxa- ^assesliea."'^
tion or assessment at the time the same was advertised for
Sl-i CITIES,
sale, and had been listed and assessed in the time and man-
ner required by law,
Taxes not paid. Seconcl. — That the taxes or assessments were not paid at
any time before the sale.
Non-redemp- Third. — That the land conveyed had not l)een redeemed
from the sale at the date of the deed, and shall be conclusive
evidence of the following facts —
Advertised as J^irst. — That the land or lot was advertised for sale for
requue y {;1^q jgf^gj-};^ of time aiid iu the manner required by law.
so!d for assess- Secoud. — That the land was sold for taxes or assessments
as stated in the deed.
Purchaser. Third.— Th^t the grantee in the deed was the purchaser.
s-'iie conducted Fourth. — That the sale was conducted in the manner
''°' ■ required by law ; and in all controversies and suits, involv-
ing the title to land claimed and held under and by virtue
of such deed, the person or persons claiming title adverse
to the title conve_^ed by such deed shall be required to
prove, in order to defeat the said title, either that the land
'tfo"nT' ''^°"''''' ^^s "*^* subject to taxation at the date of the sale, that the
taxes or assessments had been made, that the said land had
never been listed or assessed for taxation or assessment, or,
that the same had been redeemed according to the provi-
sions of the act, atid that such redemption was made for
the use and benefit of the persons having the right of re-
demption under the laws of the state; but no person shall
be permitted to question the title acquired by said deed,
without first showing that he, she or they, or the person
under whom he, she or they claim title, had title to the land
at the time of the sale, or that the title was obtained from
the United States or this state after the sale, and that all
taxes due upon the land have been paid by such persons or
the person under whom he claims title, as aforesaid.
ARTICLE NINTH.
Fire regulations § 1. Tho city couucil, for tlic purposc of guarding
against the calamities of fire, shall have })ower to prohibit
'constructTd"''^ ^^^® crcctiou, placing or ie])airing of woodeii buildings,
within the limits prescribed by them, without their ])ermis-
sion, and direct and prescribe that all buildings, within the
limits prescribed, shall be made or constructed of fire proof
materials; and to prohibit the rebuilding or repairing of
wooden buildings, within the fire limits, where the same
shall have been damaged to the extent of fifty per cent, of
the value thereof, and to prescribe the manner of ascertain-
ing such damages ; to declare all dilapidated buildings to be
Nuisi^aco?. nuisaT'ces and to direct the same to be repaired, removed
or abated, in such manner as they shall jn-escribe and direct ;
to declare all wooden buildings within the fire limits which
they may deem dangerous to continuous buildings, or in
causing or promoting fires to be nuisances, and io require
815
or cause the same to be removed or abated in such manner
as they shall prescribe.
§ 2. Tlie city council shall have power chimnev-.
jrirst.—To regulate the construction of chimneys and *"
flues so as to admit of chimney sweeps, or other mode
of cleauiMg, and to compel the sweepmg aud cleamng ot
Second'.— 1o prevent and prohibit the dangerous construe- c-|traciion .f
tion and condition of chitnneys, fines, tire places, stove
pipes, ovens or any other apparatus used m or about any
buildino- or manufactory, and to cause the same to be
removed or placed in a secure and safe condition when con-
sidered dangerOnS. , Oenositofashes
Third.— ^o prevent the deposit of ashes m nnsafeplaces Depositofashes
and to appoint one or more officers to enter into all buildings
and inclosures to exainine and discover whether the same
are in a dangerous state, and to cause such as may be dan-
gerous to be put in a safe condition.
"^ i^bwr^A.— To require the inhabitants to provide as many Fire buckets,
fire buckets, and in such manner and time as they shall
prescribe, and to regulate the use thereof in times ot tire,
and to require all owners and occupants of buildings, to
construct and keep in repair, wells or cisterns upon their
orGim SGS
jiiph'-llo regulate and prevent the carrying on of manu- ^blTiiS
factories and works dan onerous in promoting and cansmg tires.
Sixth.— To regulate,'prevent and prohibit the use of tire- Fire-work..
works and tire arms.
Seventh.— To direct and prohibit the management^ of Gunpowder,
houses for the storing of gun powder and other combustible
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.
]7ighih.—To regulate and prescribe the manner, and fences,
order the building of parapet and partition walls, and of
partition fences. scuuies
]STinth.—To compel the owners or occupants ot houses,
or other buildings, to have scuttles in the roofs and stairs or
ladders leading to the same. , ^- ,, ,
Tenth.— To authorize the mayor, fire wardens or other Fn-e-^va,cien..
officers of said city to keep away irom the vicinity of any tire,
all idle and suspicious persons, and to compel all ^ otiacers
of the citv and all other persons to aid in the extinguishment Extinguishing
of fires and the preservation of property exposed to damage ^''^^•
thereat, and in preventing goods from being stolen.
Eleventh.— Ar\d generally to establish such regulations General reguia-
for the prevention and extinguishment of fires, as the city
council may deem expedient.
§ 3. The city council may procure fire engines and all Engines.
other apparatus used for the extinguishment of fires and
816 CITIES.
have the charge and control of the same, and provide fit
and secure houses and other places for keeping and preserv-
ing the same ; and shall have power,
Fire companies FiTst. — To Organize lire, hook, hose, ax and ladder
companies.
Firemen. Seconcl. — To appoint during their pleasure, a competent
number of able and reputable inhabitants of the city fire-
men, to take the care and management of the engines and
other apparatus and implements used and provided for the
extinguishment of fires.
Duties of fire- Third, — To prescribe the duties of firemen, and to make
™^''' rules and regulations for their government, and to impose
reasonable penalties upon themforaviolation of thesame; and
for incapacity, neglect of duty or misconduct, to remove them.
Engineers. T'ourth. — The city council shall have power to appoint a
chief and assistant engineer of the fire department, and
they with the other firemen shall take the care and manage-
ment of the engines and other apparatus and implements
provided and used for the extinguishment of fires, and their
powers and duties shall be prescribed and defined Dy the
Exemption of city COUUCil.
§ 4-. The members of the city council and firemen shall
during their terms of service as such, be exempted from serv-
ing on juries, in the malitia or working on the streets, or
paying any tax for the same. The name of each fireman shall
be registered with the clerk of the city and the evidence to
entitle him to the exemption provided in this section shall
l)e the certificate of the clerk under the corporate seal for
the year in which exemption is claimed.
Board ofhealth.
Visit sick per-
ARTICLE TENTH.
§ 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 ofiicer of the city council shall
be president of the board, and the city clerk shall be their
clerk and keep minutes of its proceedings.
§ 2. It shall be the duty of health ofiicers to visit every
sons. sick person who may be reported to them, as herematter
provided, and to report with all convenient speed their
opinion of the sickness of such persons to the clerk of the
board ; and to visit and inspect all houses or places in which
they may suspect any person to be confined with any pesti-
infeciious dis- Icutial or infectious disease, or to contain unsound provi-
eases. sions or damaged or putrid animal or vegetable matter or
other unwholesome articles and to make report of the state
of the same with all convenient speed to the clerk of the
board.
Powers ofiward § 3. All pcrsous in the city, not residents thereof, who
may be infected with any pestilential or infections disease
or all things which, in their opinion, shall be infected by or
tainted with pestilential matter, and ought to be removed
CITIES. 817
BO as not to endanger the health of the city, shall, by order
of said board, be removed to some proper place, not exceed-
ing live 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 neces-
sary for the health of the city, by making just compensation.
§ -i. The city council shall have power to prescribe the
duties and powers of the board of health and to punish by fine
■or imprisonment or both any refusal or neglect to obey the
orders and regulations of the boaid.
§ 5. The health officers may be anthorized by the city Duties pre-
conncil, when the public interests require, to exercise for ^"''''^''•
the time being such of the powers and perform such of the
duties of the marshal or supervisor as the city council may
in their discretion direct, and shall be anthorized to enter Power to enter
all houses and other places, public or private, at all times in ^'''''''^' *''''■
the discharge of any duty under this act or any ordinance.
§ 6. Every person practicing physic iu the city who
shall have a patient laboring under an}' malignant, infec-
tious or pestilential disease shall forthwith make report
thereof, in writing, to the clerk of the board, and for neg-
lect to do so shall be considered guilty of a misdemeanor,
and liable to a fine of fifty dollars, to be sued for and recov- Duties of physi-
ered, with cost, in any action of debt in any court having ^'"°^'
cognizance thereof or before a justice of the peace, for the
use of the city.
[ARTICLE ELEVENTH.]
§ 1. The city council shall, at least ten days before the
annual election in each year, cause to be published, in the puwication.
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 whence the former are derived and the mode of dis-
bursement, 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 concerns of the city.
§ 2. The inhabitants of the city of El Paso, are hereby
exempted from working upon any road or highway beyond Exemption of
the limits of the city, and from paying the tax in lieu there- ^habitants,
of without said limits.
§ 3. The supervisor shall demand the services of all
persons who are required to labor upon the streets and Powers of su-
alleys of the city, at such time and place and in such man- peivisor.
ner as the city council may direct or the supervisor shall
deem necessary. He shall deliver or cause to be delivered
or left at the usual place of abode or business of any person
818
Appropriation.
Payment
fines.
Surveying.
Expenditures
proportioned.
Penalties.
sp required to labor, as aforesaid, a written or printed no-
tice, or partly written or printed notice, in such form as
tlie city council shall prescribe ; which notice shall be
given at least five days previous to the first day on which he
or they are required to labor, requiring such person to
appear at such time and place as may be designated for
the purpose of laboring upon the streets and alleys. But
a simihir notice published for ten days in tlie newspaper
publishing the ordinances of the city, by the supervisor or
posted up in three of the public j)laces of the ward or dis-
trict, shall be deemed a sufficient notice, to require all per-
sons 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 cx^Uector shall collect from each
person, in the same manner as other taxes, the sum of three
dollars, with his commit^sion for collecting the s-ime added
thereto ; or the same may be recovered by suit, with costs,
as in other cases.
§ 4. The supervisors of Woodford county shall appropri-
ate a reasonable share of the public revenue collected for
'county purposes, for the improvement of roads and bridges
in the city of El Paso and leading to said city.
§ 5. All fines, forfeitui'es and penalties collected for
offences committed within said city shall be paid into the
treasury of said city by the officers'collecting the same, and
all fines or forfeitures collected of any person of said city
for any conviction in the circuit court shall be paid over in
like manner.
§ 6. The city council shall have power to cause the lots and
blocks of the city to be surveyed, platted and numbered, in
consecutive numbers from one upwards and to designate
the number of all fractional or other lots and blocks, in
such manner as they may prescribe by ordinance; and
such plat, designation and numbei's, when made, and duly
reci)rded, shall be good and valid description of such blocks
and lots or fractional blocks and lots ; to establish, mark
and declare the boundaries and names of streets and alleys;
to require that all additions hereafter made to said city or
all lands adjoining or within the same, laid out into blocks
or lots shall be so laid out and platted as to correspond
and conform to the regular blocks, streets and alleys al-
ready laid out and established within the city.
§ 7. The city council shall, in all expenditures for pur-
poses strictly local, extend annually in the several natural di-
visions of the city such proportion, as near as may be, of the
whole expenditures for like purposes during the same period,
as will correspond to the several sums contributed by each
division to the general fund, so that taxes shall be expended
in the several wards or districts where the persons paying
the same may respectively reside.
§ 8, The supervisor, in addition to the penalties pre-
scribed by ordinance, shall, for willful neglect of duty, be
CITIES. 8] 9
liable to indictment and fine, in the same manner as super-
visors under the laws of the state.
§ 9. JM either the city council or mayor shall remit any Kemittanee of
fine or penalty imposed upon any person for a violation of *'"®*'-
any laws or ordinances of said cify, or release any person
from coiitinement, unless two- thirds of all the aldernjen
elected shall vote for such release or- remission ; nor shall
anythinjj: in this act be so construed as to oust any court of
jurisdiction to abate and remove nuisances within its juris-
diction, b}^ indictment or otherwise, or release any person
from the payment of any fine or costs.
§ 10. No vote of the city council shall be re-considered Rceonsidenn-
or rescinded at a special meeting, unless the meeting be ^°'^^'
called, in wliole or in part for that purpose, and the alder-
men be so notified, and unless at such special meeting
there be present as large a number of aldermen as was
present when the vote was taken.
§ 11. The cemetery lots, which may be laid out and sold Cemetery lots.
by the city or private persons for private places of burial,
shall, with the appurtenances, forever be exempt from ex-
ecution and attachment.
S 12. Every ordinance, reo-ulation and by-law imposino- Evidence of the
'^ 1^ J • . ' '^ , I- L- •. -• -1 validity of or-
any penalty, fine, imprisonment or forfeiture, for a viola- dinanees.
tion of its provisions, shall, after the passage thereof, be
published once in the newspaper publishing the ordinances ■
of the cit}", and proof of such publication by the affidavit 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 ])e conclusive evidence of the legal publication and
promulgation of such ordinance, regulation or by-laws in
all courts and places.
S 13. All actions brought to recover any penalty or for- Actions for re-
j, ." . -, J ,1 • , T 11 o.overy — liow
feiture incurred under this act, or any ordinance, by-law or conduct d.
p„olice regulalion made in pursuance thereof, shall be
brought in the corporate name. It shall be lawful to de-
clare generally in debt for such penalty, fine or fori'eiture,
stating the clause of this act or the by-law or ordinance un-
der which the penalty or forfeiture is claimed, and to cive
the special matter in evidence under it,
§ li. In all prosecutions for any violation of any ordi- ^Jor^^Joiat^o^,
nance, by-law or other regulation, the first process shall be °^ ^'°*'° -
a summons, unless oath or affirmation be made for a war-
rant, as in other cases.
§ 15. The city council shall have power to designate one Justices of the
or more justices of the peace in said city, who shall have pJ_^^^~ P"^^^""
jurisdiction in anj' actions for the recovery of any fine, ])en-
alty or fn-feiture under this act, or any ordinance, by-law
or police regulation, anything in the laws of this state to
the contrary notwithstanding. Such justice shall have power
to impose tines and penalties not exceeding the amount au-
820 CITIES.
tliorized by the constitution of the state. There shall be
such local court of civil and criminal jurisdiction as may be
established by the j^cneral assembly in the cities of the state,
in accordance with the constitution of the state. Such court
shall have jurisdiction over all cases arisini^ under this act,
or any ordiiumce of said city in pursuance thereof, and such
other civil and crimiiial jurisdiction, as may be provided
by law.
Elocutions. g i(j. Execution may be issued immediately on rendi-
tion of judgment. If the defendant has no goods or chat-
tels 01' real estate within the county of Woodford whereof
the judgment can be collected, the execution shall require
the defendant to be confined in the county jail or work-
house or city prison for a term not exceeding six m'onths, in
the discretion of the court rendering judgment ; and all
persons who may be committed under this section shall be
confined one day for each one dollar of such judgment and
costs. All expenses incurred in any prosecution for the
recovery of any fine, penalty or forfeiture, when collected
shall be paid into the city treasury.
Pon.aiiy for do g 17. Any porsou who shall iniure or destroy anv
stroying briilij;- i ."i i t i -i t lt l ^ ^ • "
OS, otc. bridge, or an}^ ])ublic building or other proj^erty belonging
to the city, or shall cause or procure the same to be injured
or destroyed, shall be subject to a penalty not exccciling
five hundred doUars for such oiFence, to be recovered by the
city in an action of debt, and may be imprisoned not ex-
ceeding six months, in the discretion of the court before
whom such conviction may be had, and such person shall
ages occasioned by such injury or destruction.
Qualifications of § 18. No pcrsoii sliall 1)0 an incompetent judge, justice,
citizong. witness or juror by reason of his being an inhabitant or
a freeholder in the city of El Paso, in any action or proceed-
ing in which said city may bo a party in interest.
Pnov ordinal!- )^ 10. All ordiiiancos, regulations and resolutions now
''^'*' in force in the city <»f El Paso, and not inconsistent with
this act, shall remain in force under this act until altered,
modified or repealed by the city council, after this act shall
take e fleet.
Claims -how § -0. All rights, actions, fines, penalties and forfeitures,
prosocuted. j,^ g,jj[- or otlicrwiso, which have accrued under the several
acts consolichited herein, shall bo vested in and prosecuted
by the corporation hereby created,
city properly, ^21. All ])ro])erty, real, personal or mixed, belonging
to the city of El Taso, is hereby vested in the corporation
created by this act, and the oftlcers of said corporation now
in oilice shall respectively continue in the same until super-
seded in conformity to the ])rovisions hereof, but shall be
governed by this act, which shall take effect from and after
its passage.
CITIES. 821
§ 23. When the ordinances of said city shall be printed Evic'enceofp^-
and ]jul)lished in book or pamphlet form, and such book or nances.^ °"^''
pamphlet ])urports by its title to be published l)y authority
of the city, the same shall be received as prima facie evi-
dence of the due passage, publication and promulgation of
said ordinances in all courts and places.
§ 23. The style of all ordinances shall bo, " Be it or- styio of oidi-
dained by the city council of the city of El Paso." nances.
§ 24. Any tract of land adjoining said city which may Additional
be laid olfinto blocks or lots, and duly platted according to "''''■' '^ ""'^•
law, and any tract adjoining the city, with the conseiit of
the owner thereof, shall and may be annexed to said city
and form a part thereof.
§ 25. This act shall not invalidate any legal act done by Tins act not to
the president or trustees of the town of El Paso, or by it's '"validate.
oiliccrs, nor divest their successors, under this act, of any
rights of property or otherwise, or liability which may have
accrued to or been created by said cc-rporation prior to the
passage of this act.
§ 20. All oliicers of the city created conservators of the Powers of city
peace by this act, or authorized by any ordinance, shall '^*^'^^^''^-
have power to arrest, or cause to be arrested, with or with-
out process of law, all persons who shall break the peace or
threaten to break the peace, or be found violating any ordi-
nance of this city, commit for examination, and, if neces-
sary, detain such persons in custody over night, or the Sab-
batji, in the watch-house or other safe place, or until they
can be brought before a magistrate, and shall have and ex-
ercise such other powers, as conservators of the peace, as
the city council may prescribe.
§ 27. Nothing in this act contained shall be construed as Powers confer-
to deprive the city council of said city of any powers or councrh '^''^
authority conferred upon the same by the act incorporating
the town of El Paso and the act amendatory thereto, but the
city council shall possess and enjoy all the powers and au-
thority heretofore conferred or purported to be conferred up-
on the same, except so far as such powers and authority are
expressly modified or repealed by this act or the acts here-
tofore mentioned, except section (24) twenty-four of an act
entitled " An act to incorporate the town of El Paso,"
approved Feb. 22, 1861, which said section twenty-four
is hereby expressly repealed.
§ 28. There shall be a digest of the ordinances of the ci^^est of ordi-
city which are of a general nature published within one """'^"'
year after the passage of this act, and a like digest within
every period of three years thereafter.
§ 29. The city marshal and other officers authorized by Powers of city
law to execute process issued by police magistrate or other "'""^''''•
courts in cases arising under the charter or ordinances of
the city, may serve and execute the same within the limits
of the county of Woodford, and may receive the same fees
822
Suits aud ac
tions — how
conducted.
or mileage as are allowed to county constables in similar
eases.
§ 30. In all suits, actions and prosecutions for the
recovery of any fine, penalty or forfeiture incurred un-
der the charter or ordinances of the city, process may be
issued returnable instanter, and such process shall state
substantially the nature of the offence or offences charged,
and the title of the ordinance and the section or sections or
clause of the charter or ordinance under which the same is
claimed. Such process may be issued upon the informa-
• tion of the mayor, the marshal or any police officer, in his
official capacity, and upon information upon oath by any
other person.
Powers of police § 31. Policc magistrates shall, upon proper information
magistrate. ^f j^^,,y violation of any penal clause of the city charter, or
of any penal ordinance of the city, issue a warratit directed
to the city marshal, or any police constable or any other offi-
cer authorized to execute the same, commanding him to forth-
with apprehend the offender and bring liim before him or any
other competent court ; and if, upon the trial, it shall appear
satisfactory to the court or jury, after hearing the evidence and
proofs adduced in the case, that the accused has beeu guilty
of the violation and offence complained of, such fine, penal-
ty, forfeiture or imprisonment may be imposed and adjudged
against the offender as may be prescribed by the charter or
ordinance. No process shall be necessary where the offen-
der is arrested without warrant and brought before the
court, but an entry of the cause, time and place of arr'est
shall be made upon the docket of the court, and trial had
in the same manner as if process had been issued.
§ 32. The city may sue and declare for several fines,
penalties or forfeitures for violations of the charter or ordi-
nances of the city, and recover judgment for as many of-
fences as may be proven, not exceeding the jurisdiction of
the court, and may prove any offence committed before the
commencement of the suit.
§ 33. In all suits before police magistrate's courts arising
under the charter or ordinances of the city, continuances
may be granted for good cause shown, upon affidavit, in the
discretion of the court; but in such case the defendant, if
required, shall give bail for his appearance at the trial, or
remain in custody.
City not liable § 34, The city shall not be liable for costs when the de-
tor costs. fendants are acquitted, or in any other case arising under
the charter or ordinances of the city ; and the city council
may provide for the payment to police magistrates and
police officers of a sura in gross in lieu of all fees and costs
and charges against the city.
§ 35. The city may appeal in all cases arising under the
charter and ordinances of the city, without giving security ;
and the mayor, in cases of appeal by the city, shall execute
Violation
charter.
Continuance
granted.
Ai>peal bj city.
CITIES. 823
bond under the corporate seal without securities, and a reso-
lution or ordinance of the city council, authorizing the same,
shall he sutticient authority therefor, nor shall the city iu
any case be required to file bond or security for costs.
§ '66. Transcripts of judgments rendered in cases arising Transcripts ot
under the charter or ordiiumces of the city may be taken .''"^sment^.
from the dockets of police magistrates and tiled in the office
of the clerk of the circuit court of Woodford county, and
shall have the same effect as transcripts of judgments from *
the dockets of justices of the peace, and executions shall be
issued thereon and collected in like manner.
§ 37. The city council shall have power to prescribe fo™ to^i"i1^
the forms of process to be isaued in, and rules of practice sued,
for, the government of police courts in the city, and to Hx
and regulate the fees and compensation of jurors, witnesses
and others for services rendered in all cases arising under
the charter or ordinances of said city.
^ 38. The city council shall have power to levy and col- To levy and eoj-
, <^ -^ ,. 1 , -^ , I lect a tax tor
lect a tax, not exceeding one per cent, on the assesseJ value expenses,
of all real and personal property within said city, to defray
any expense incurred under the direction of the " presi-
dent and trustees" of the town of El Paso, or to be incur-
red under the direction of ''the city council" of the city of
El Paso, not otherwise provided for, and to be collected in
such manner and at such times as said city council may pro-
vide by ordinance.
§ 39. The county court of "Woodford county shall cause Expenditures
an accurate account to be kept of all expenditures made for '
county purposes, and shall charge all expenditures made for
county purposes (excepting for the making and repairing of
roads and highways and the building and repairing of bridges
in said county without said city) rateably to said county and
to the city of El Paso in proportion to the taxes collected for
county purposes within -said city and in the county without
said city, and paid into the county treasury by each re-
spectively, and the surplus of all taxes which may be col-
lected for county purposes, after making the charges to the
city and county in the manner herein required, shall be di-
vided between the said city and the said county in proportion
to the amount of taxes collected for county purposes within
said city and in the county without said city, and paid into the
county treasury by each respectively. And the county judge
of said county and mayor of the city of El Paso shall ascer-
tain the proportion of taxes to be paid to the city of El Paso
under the requirements of this section ; and as soon there-
after as the county taxes shall be paid into the county treas-
ury the treasurer of said county shall pay to the treasurer
of the city of El Paso a sum equal to three-fourths of the
proportion of said taxes to which the said city may be en-
titled under the provisions of this section ; and the same
shall be exclusively expended by the city council of said
for count>
purposes.
82i CITIES.
city of El Paso in such manner and for sncli purposes as
the city council of said city may direct or order.
§ 40. 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
and be in force from and after its passage.
Approved February 27, 1867.
la force March
9, 1867.
AN ACT to incorporate the city of Olney.
ARTICLE I.
BOUNDARIES.
Section 1. Be it enacted hy the People of the State of
Illiiiois, represented in the General Assembly, That the
inhabitants of the town of Olney, in Richland county, be
and they hereby are constituted a body politic and corpo-
Kameand style. ^^^^ by the name and style of the "City of Olney," and by
that name shall have perpetual succession, may sue and be
sued, plead and be impleaded in all courts of law and
equity, and may have and use a common seal and alter the
same at pleasure.
Boundaries. § 2. All that territory included within the following
limits, and described as follows, to-wit : The west half of
section two (2), section three (3) and the east half of section
four (4) in township three (3) north, range ten (10) east ;
and the east half of section thirty-three (33), section thirty-
four (34) and the west half of section thirty-five (35) in
township four (4) north, range ten (10) east of the third
principal meridian, shall be and is hereby declared to be
within the limits of the city of Olney.
Additions. § 3. Whenever any tract of land adjoining the limits of
city of Olney shall be laid off into town lots and duly re-
corded, as required by law, the same shall be annexed to
and form a part of the city of Olney.
§ 4. The inhabitants of said city, by the name and style
aforesaid, shall have power to sue and be sued, to plead and
be impleaded, to defend and be defended in all courts of
law and equity, and in all actions ; to purchase, receive and
hold property, both real and personal, within and be-
yond the city, for burial grounds and for other purposes,
for the use of said inhabitants of said city ; to sell, lease
and convey or dispose of property, and do all other things
in relation thereto, as natural persons.
Additional
ers.
ARTICLE II.
OF THK CITY COCXCIL.
§ 1. There shall be a city council to consist of a mayor council,
and board of aldermen.
•§ 2. The board pi' aldermen shall consist of two mem- Aldermen.
bers from each ward, to be chosen by the qualified voters
for two years, and until their successors shall be legally
qualified ; and at the first meeting of the city council the
aldermen shall be divided by lot into two classes ; the seats
of the first class shall be vacated at the expiration of the
first year, and of the second class at the expiration of the
second year, so that one-half of the board shall be elected
annually.
§ 3. Ko person shall be an alderman unless at the time Qualification.
of his election he shall have resided within the limits of said
city one year immediately preceding his election, and shall
have the necessary qualitictions to vote for state officers,
be a resident of the ward for which he is elected and a citi-
zen of the United States.
§ i. If any alderman shall, after his election, remove Vaoaucy.
from the ward for which he was elected, his ofiice shall be
vacated. The mayor and aldermen shall serve without
compensation from the city funds until there shall be five
thousand inhabitants in said city, and when the population
shall exceed five thousand, the mayor shall receive such
compensation as the city council shall determine.
§ 5. The city council shall judge of tiie qualifications, council ei..c-
elections and returns of their own members and shall deter- ^'°"''-
mine all contested elections under this act.
§ 6. A majority of the city council shall constitute a (^„o,um.
quorum to do business, but a smaller number may adjourn
from da}^ to day and compel the attendance of absent 'mem-
bers under such penalties as may be prescribed by ordi-
nance.
§ T. The city council shall have power to determine the pai es.
rules of its own proceedings, punish its members for disor-
derly conduct, and with the concurrence of two-thirds of the
members elected, expel a member.
§ 8. The city council shall keep a journal of its pro- jomnai.
ceedings, and from time to time publish the same ; and the
yeas and nays, when demanded by any member present,
shall be entered upon the iournal.
§ 0. All vacancies tliat shall occur in the board of vacancies.
aldermen shall be filled by election.
§ 10. The mayor and each alderman, before entering oaiii ot office.
upon the duties of their otfice, shall take and subscribe an
oath, or make afiirmation to. support the constitution of the
United States and of this state, and to well and truly per-
form the duties of their said ofiice.
Yol. 1—72
82G CITIES.
Tie?. § 11. Wlienever there shall be a tie in an election of
iilderuu n, tlie judiijes of election shall certify the fact to the
mayor, wiio shall deteriuiiie the same, by lot, iu such man-
stated meet- ner as shall be pruvideiJ by ordinance.
""^' ^ 12. The ciry council shall meet regularly once every
month and hold called meetings as often as they may deem
necessary.
ARTICLE III.
OF THE CHIEF EXECUTIVE OFFICER.
The mayor. g i_ The chief executive officer of the city shall be a
mayor, who shall be elected by the qualified voters of the
city, and hold his otiice tor two years, and until his successor
shall be elected and qualified.
j^isibiiity to of- § 2. No pcrsou shall be eligible to the office of mayor
who shall not have been a resident of the city for one year
next preceding his election, and who shall not be a citizen
of the United States and a legal voter.
co^^sted dec- g 3, Jn contested elections or tie vote for mayor, the city
council shall determine the same by lot, in" such manner as
they may prescribe by ordinance.
Vacancy. g 4. W hen any vacancy shall occur in the office of mayor,
or other city office, said vacancy shall be filled by election.
ARTICLE IV.
OF ELECTIONS.
Time. g 1. Qn the second Tuesday of April next an election
Oflicers. g]^^jj ]^g j^yj^j jjj g^^ji Yj^ard of Said city for one mayor ; one
city marshal, who shall he,ex<iJ[icio, collector; one surveyor,
who shall \)e, ex oj/icio, street commissioner; one assessor,
who shall be, ex officio, treasurer ; one clerk and one city
attorney ; two police magistrates; and forever thereatter, on
the second Tuesday of April, in each year, there shall be an
election for one alderman for each ward, and biennially there
shall be an election for one mayor ; one city marshal, who
shall be, ex officio, collector; one surveyor, who shall be, ex
officio, street commissioner ; one assessor, who shall be, ex
officio, treasurer ; one clerk ; one city attorney. The police
magistrate shall be elected for four vears.
^teTs'' "^ *""" § ^- ^o^eph Pasmore, William T. Shelby, Wm. Elliott,
Simmons Gunu and Adam Guyott, shall constitute a board
of trustees for the said city of Olney, and immediately after
the adoption of the charter by the citizens, shall divide the
city into three wards, by lines running east and west, north
and south, desciibing particularly the boundaries of such
ward ; the wards to be as nearly equal in population as prac-
ticable. The said trustees shall, by ordinance, provide for
the first election of all officers to be elected under this act;
shall canvass the votes and declare who are duly elected, and
make return of the election to the clerk of the county court
CITIES. 827
and to the secretary of state of the election of mayor and
police magistrate in the same manner that returns are
made of the election of justices of the peace.
[§ 3.] All male inhabitants over the age of twenty-one QuaiificaUon to
years who are entitled to vote for state officers, and who
shall have been actual residents of said city six months next
preceding said election and who shall have paid such city
tax as they may be subject to shall be entitled to vote for
city officers : Provided^ the said voters shall give their
votes in the wards in which they respectively reside.
ARTICLE V.
Uf TUK LEOISLATIVK POWERS OF THK CIT^ COUNCIL.
•
§ 1. The city council shall have power and authority to 'fa'^es.
levy and collect taxes for city purposes, upon all property
real and personal within the city, not exceeding one-half of Restricttoup.
one per cent, per annum upon the assessed value thereof:
Provided, \\vai 'dXtQV three yeats from the organization of
the city a higher tax may be raised if two-thirds of the vo-
ters of the city shall agree thereto at a special election for
that purpose, called by the ma}' or : and the city council may
enforce the payment of taxes in any manner prescribed by
ordinance not repugnant to the constitution of this state
or of the United States.
§ 2. The city council shall have power to appoint any Appointmenis.
inferior officers that may be deemed necessary.
§ 3. The city council shall have power to require of all Bond,
officers elected or appointed in pursuance of this charter,
bonds, with penalty and security for the faithful perform-
ance of their respective duties, as may be deemed expe-
dient; and also, to require all officers elected or appointed,
as aforesaid,, to take an oath or make such affirmation as Oath of office.
the city council may prescribe, for the faithful performance
of the duties of their respective offices, before entering upon
the discharjie of the same ; to borrow money on the credit Boitoat money,
of the city : Provided, that no sum or sums of money shall
be borrowed at a greater interest than ten per cent, per
aimura, nor shall any sum or sums be borrowed, as afore-
said, until after the subject shall have been submitted to
the legal voters of said city, for which purpose a special sp«<='»' '"^^'''*s
election shall be called by the mayor, after giving ten
days' notice thereof; and if two-third.5 of the legal voters
of said city shall vote in favor of any such loan, the same
may be negotiated, but not otherwise.
§ 4, To appropriate money and provide for the payment Debts and ex-
of the debts and expenses of the city. penscs.
§ 0, To make regulations to prevent the introduction ^^J.^^*'"'^ """■'
of contagious diseases into tlie city; to mnke quarantine
laws f.)r that pur[)ose, and enforce the same within live
miles ot the city.
828
Hospitals. -
General health,
Water.
Bridges.
Wards.
Lamps
Police.
Markets.
Toviu biiildiugs,
Publie grounds,
Licenses.
Bisorilerl.v
liouscs.
Chimneys.
Gunjjoweler.
Wci,i;htH and
medstire."'.
§ 6. To establish hospitals and make regulations for the
government of the same.
§ 1. To make regulations to secure the general health
of the inhabitants ; to declare what shall be a nuisance
and to prevent and to remove the same.
§ S. To provide the city with water ; to erect hydrants
and pumps, build cisterns and dig wells in the streets, for
the supply of engines and buckets.
§ 9. To open, alter, abolish, widen, extend, establish,
grade, pave, or otherwise improve and keep in repair streets,
avenues, lanes and alleys, sidewalks, drains and sewers.
§ 10. To establish, erect and keep in repair bridges.
§ 11. To divide the city into wards, alter the boundaries
thereof, and erect additionaj wards as the occasion may
require.
§ 12. To provide for lighting the streets and erecting
lamp posts.
I 18. To establish, support and regulate- mght watches.
§ 14. To erect market houses, to establish markets and
market places, and provide for the government and regu-
lation thereof.
§ 15. To provide for all needful buildinss for the use of
the city.
§ 16. To provide for inclosing, improving and reo-ula-
ting all public grounds belonging to the city.
§ 17. To license, tax and regulate auctioneers, merchants,
peddlers, retailers, grocers, taverns, ordinaries, hawkers,
brokers, pawnbrokers and money changers.
§ 18. To license, tax and regulate hackney carriages,
wagons, carts and drays and iix the rates to be cliarged for
the'^carriage of persons, and for the wagonage, cartage and
drayage of property.
§ lU. To license, and regulate porters, and the rates of
porterage.
§ 20. To license, tax and regulate theatrical and other
exhibitions, shows and amusements.
§ 21. To restrain, prohibit and suppress tippling houses,
dram shops, gambling houses, bawdy houses, and other
disorderly houses.
§ 22. To provide for the prevention and extinguishment
of tires ; to organize and establish fire companies.
§ 23. To regulate the fixing of chimneys, and to fix the
flues thereof
§ 24. To regulate the storage of gunpowdei-, tar, pitch,
rosin and other combustible materials.
§ 25. To regulate and order parapet walls and parti-
tion fences, and to restrain cattle, sheep and hogs from run-
ning at large.
§ 26. To establish standard weights and measures, and
regulate the weights and measures to be used in the city.
CITIES. 829
in all cases not otherwise provided for by law, and to order
all laws upon the subject to be enforced, and to fix and en-
force payment of fines foi- non-compliance with any such
order.
§ 27. To provide for the inspection and measuring of Lmiiber.
lumber and other building materials, and for the measuring
of all kinds of mechanical work.
§ 28. To provide for the inspection and weighing of iiayaiui eoui.
hay and stone coal, measuring of charcoal, firewood and
other fuel, to bo sold and used within said city.
§ 29. To provide for and regulate the inspection of inspection ei
tobacco and of l)eef, pork, flour, meal and whisky in barrels, i"°^'^'°"^-
§ 30. To provide for and regulate the inspection of Butter, etc.
butter, lard and other provisions.
§ 31. To regulate the weights and <|uality of bread to be nrea.].
sold and used in the city.
§ 32. To regulate the size of t)ricks to be sold and used Bricks.
in the city.
§ 33. To provide for taking the enumeration of the in- census.
habitants of the city.
§ 34. To regulate the election oi' city officers and to T^iection.
provide for removing from office an}^ person holding an
office created by ordinance.
§ 35. To fix the compejisation of all city officers ; compensations,
to regulate the fees of jurors, witnesses and others for ser-
vices rendered under this act, or any ordinance made in pur-
suance thereof.
§ oCk To license, regulate, tax or prohibit the selling of s.-iie of iiquor>.
intoxicating and malt liquors within the city, and no license
shall be granted for more than one year, for which license
the said council shall fix the sum to be paid, the same not to
be less than one hundred dollars for spirituous and malt
liquors, nor less than fifty dollars for the sale of malt liquors.
§ 37. To regulate the police of the city; to impose lines i'""^^-
forfeitures and penalties for the breach of any ordinance ;
and to provide for the recovery and appropriation of such
fines and forfeitures, and enforcement of such penalties ;
and all moneys collected under and by authority of any
city ordinance, shall be deemed and taken to belong to the
city and disposed of by the city council under the ordinances
of said city, for the general use and benefit thereof.
§ 38. The cit}^ council shall have exclusive power within BiHiaia?.
the city, to license or suppress any billiard tables, bowling
alleys or other games of a similar nature.
§ 39. The city council shall have power to make all Xcedtui ordi-
ordinances which shall be necessary and proper for carrying
into execution the powers specitied in this act, so that ordi-
nances be not repugnant to nor inconsistent with the consti-
tution of the United States or of this state.
§40. The style of the ordinances shall be, *'Be it style of.
orda*'^ed by the city council of the city of Olncy.''
880
Publication of.
How provei
§ 41. All ordiuauces passed by the city council shall,
within one montli after they shall have been passed, be
published in some newspaper in the city, or posted up in
three of the most public places in the said city of Olney,
and shall not be in force until they shall have been pub-
lished as aforesaid.
§ 42. All ordinances of the city may bo proven by the
seal of the corporation, and when printed in book or
pamphlet form, and purporting to be printed and published
by authority of the corporation, the same shall be received
in evidence in all courts and places without further proof.
A R T I C L E \' I ,
OK THE MAYOR.
The mayor.
Tie vote.
Special meet-
ings.
iOuforcing Laws
Penaltj-.
Inspection.
Execution of
acts.
§ 1. The mayor shall preside at all meetings of the city
council, [and] in case of a tie shall h^ve the casting vote, and
in no other. In case of non-attendance of the mayor at ary
meeting, the board of aldermen shall aj>point one of their
own number chairman, who shall preside at the meeting,
but shall not thereby lose his right to vote on an}' question
before the board.
^ 2. The mayor or any two aldermen may call special
meetings of the city council.
§ 3. The mayor shall at all times be vigilant and active
in enforcing the laws and ordinances for the government of
the city, he shall inspect the conduct of all subordinate officers
of said city, and cause negligence and positive violation to be
prosecuted and punished ; he shall from time to time, com-
municate to the aldermen [such information] and recommend
all such measures as in his opinion, may tend to the improve-
ment of the finances, the police, the health, security, com-
fort and ornament of the city,
§ 4. He is hereby authorized to call on every male
inhabitant of said city, over the age of eighteen years, to aid in
enforcino- the laws and ordinances, and in case of riots, to
call on the militia to aid him in suppressing the same, or
other disorderly conduct; preventing and extinguishing iires,
for securing the peace and safety of the city, or in carrying
into effect any law or ordinance. Any ])erson who shall
not obey such call, shall forfeit to said city a line not
exceeding ten dollars.
§ 5. lie shall have power whenever he shall deem it
necessary to require of the officers of said city, an exhibit
of their books and papeis.
§ 6. He shall have power to execute all acts that may
be required of him by any ordinance made in pursuance
of this act,
§ 7. He shall also have such jurisdiction as may be
vested in him by ordinance of the city, in and over all
places within live miles of the boundaries of the city, for
crriES, 831
the purpose of enforcing the health and quarantine regula-
tions thereof.
§ 8. lie shall receive for his services outside of the city salary.
such salary as shall be fixed by ordinance of tlie city.
§ 9. In case the mayor shall at any time be guilty of a omission of
palpable omission of duty, or shall willfully or corruptly be "'•^'
guilty of oppression, malconduct or partiality in the dis-
charge of the duties of his otiice, he shall be liable to be in-
dicted in the circuit court of Richland county, and on con-
viction he shall be lined not exceeding two hundred dollars, Penalty.
and the court shall have power, on recommendation of the
jury, to add to the judgment of the court that he be re-
moved from office.
ARTICLE VII.
OF PROCEEDINGS IX SPECIAL CASES.
§ 1. When it shall be necessary to take private property condemnation
for opening, widening and altering any public street, lane, peiiy.^*'^ ^"
avenue or alley, the corporation shall make a just compen-
sation to the person whose property is so taken ; and if the
amount of said compensation can not be agreed upon, the compensation.
mayor shall cause the same to be ascertained by a jury of
six disinterested freeholders of said city.
§ 2. When the owners of all the property on the street. Petition,
lane, avenue or alley proposed to be opened, widened or
altered, shall petition therefor, the city council may open,
widen or alter such street, lane, avenue or alley upon con-
dition to be prescribed by ordinanoe, but no compensation Expenses.
in such case shall be made to those whose property shall
be taken, their tenants or others, for the opening, widening,
or altering such street, lane, avenue or alley, nor shall
there be any assessments of benefits or damages that may
accrue thereby to any of the petitioners.
§ 0. All jurors empanneled to inquire into the amount Dutie.s of jurors
of benefits or damages which shall happen to the owners of
property proposed to be taken for opening, widening or
altering any street, lane, avenue or alley, shall first be
sworn to that efl:ect, and thall return to the mayor their in- inquest.
quest in writing, said inquest to state who shall pay dam-
ages, and signed by each juror.
§ 4. In ascertaining the amount of compensation for ^«.°«^'8 ^"'i,
property taken for opening, altering or widening any street, '^^ ''"^ ''^^'•
lane, avenue or alley, the jury shall take into consideration
the benefit as well as the injury happening by any such
opening, widening or altering such street, lane, avenue or
alley. The police magistrates of said city shall have juris-
diction in all civil cases to any amount not exceeding five
hundred dollars, in Richland county.
§ 5. The mayor shall have power, for good cause shown, Now inquest.
within ten days after any inquest shall have been returned
832 CITIES.
to him as aforesaid, to set the same aside and cause a new
inquest to be made.
Special tax for § 6. Upou a petition of a majority of the property hold-
mprovements. ^^.^^ ^^^^ citycouucil shail havc power, by ordinance, to levy
and collect a special tax on the holders of lots in any street,
lane, avenue or alley according to the respective fronts
owned by them, for the purpose of draining, grading or
planking sidewalks, and lighting such street, lane, avenue
or alley : Provided^ said tax shall not exceed in amount the
costs of such sidewalks and lighting respectively, and shall
not be more than the increased value said improvement will
add to said lots, which shall be collected the' same as other
city taxes.
ARTICLE VIII.
ADDITIONAL SUPERVISORS.
supevTisors. § 1. The legal voters in the several wards in the city of
Olne}^ shall be entitled to elect, annually, one supervisor in
each ward, in addition to the township supervisor to which
the township of Olney is now entitled, under the general
township organization law, and the several supervisors so
elected shall be members of the board of supervisors of
Kichland county, and shall have, possess and enjoy all the
rights, powers and privileges that are now or hereafter shall
be possessed and enjoyed by the several township supervi-
sors of the said county of Eichland.
Election. § 2. Each ward shall, at the time hxed by law for the
election of city officers, elect one supervisor in the same
manner and under the same rules and regulations as the city
aldermen are elected, and the returns of said election shall
be made to the town clerk of the town of Olnej^, within six
days from said election ; said clerk shall immediately make
out and deliver certificates of election to the persons who
shall be elected in the different wards in accordance with
this act, and the persons so elected shall thereupon enter
upon the duties of their oliice as ward supervisors.
ARTICLE IX .
MISCELLANEOUS rKOVISIO.NS.
Road labor. § 1. Tlic city couucil shall have power, for the purpose
of keeping the streets, lanes, avenues and alleys in repair,
to require every able-bodied male inhabitant in the city,
over twenty-one years of age, to labor on said streets, lanes,
avenues and alleys, not exceeding three days in each year;
and any person failing or refusing to perform such labor,
when duly notified by the street commissioner, shall forfeit
and pay for each day's work so neglected or refused, such
amount as the city council may prescribe.
CITIES. 833
§ 2. The inhabitants of the city of Olney are hereby F-xemptioD.
exempt from working on any road or bridge beyond the Hmits
of said city, and from paying any tax to procure laborers to
work upon the same.
§ 3. The city ;council shall have power to provide for pi,ni!ii.,neiit,
the punishment of offenders by imprisonment in the city or
county jail, or by compelling them to labor upon the streets
of said city, in all cases when such oflenders shall fail or re-
fuse to pay the fines or forfeitures that may be recovered
against them. 0
§ 4. The city council shall cause to be published annu- Annual state-
ally a full and complete statement of all moneys received '"*"^'
and expended by the corporation during the preceding
year, and on what account received and expended.
5 5. Appeals shall be allowed from decisions in all Appeais-how
^ . ^ ^ 1 J 1 • • ii ii • . T conducted.
cases arising under the provisions ot this act or any ordi-
nance passed in pursuance thereof, to the circuit court of Rich-
land county, and every such appeal shall be granted in the
same manner, and with like efl'ect, as appeals are taken from
and granted Ijy justices of the peace to the circuit court
under the laws of this state.
§ 6. Whenever the office of mayor shall become vacant Vacancy 'in the
by death, resignation or removal, the board of aldermen ° -^eo mayor,
shall immediately proceed to elect one of their own num-
ber as mayor j>r(? tern., until the vacancy shall be tilled by
election as herein provided.
§ 7. This act is hereby declared to be a public act, and rubiie act.
may be read in evidence in all courts of law or equity within
this state without proof.
§ 8. All acts or parts of acts coming witliin the provisions LomiioUng.
of this charter, or contrary to or inconsistent with its pro-
visions, are hereby repealed.
§ 9. The city marshal or a^y other officer authorized to ' '^y mmihai.
execute writs or any other process issued by any judicial
officer of said city, shall have power to execute the same
anywhere within the limits of the county of Richland, and
shall be entitled to the same fees for service and traveling
as are allowed to the sheriff in similar cases, for services of
like character. The said city marshal, shall by virtue of
his office, be a constable of Richland county, with power
to serve process and do all other acts that a constable may
lawfully do, shall hold his office for two years, and shall ivm of office,
give bond as other constables are required to give by law,
which bond shall be hied in the office of the county clerk.
§ 10. The members of the city council shall be, ex officio, Membeisofthe
tire wardens and conservators of the peace within the city, council ex offi-_
also the marshal and constables and are hereby authorized
and it is made their duty to arrest all persons who are
violating or have violated any ordinance of the city or any
law of the state, with or without process, and have them
prosecuted therefor; and any person or persons who shall
Yol. 1-73
834
CITIES.
police
trate.
willt'ally interrupter oppose them in discharge of the reqmre-
ments hereof, shall be subject to the same penalties as though
they had opposed or interrupted a marshal, sheriff or con-
stable in the legal discharge of their duties. Tlie members
of the city council shall be exempt from jury duty and street ,
labor or the payment of street taxes during their term of
office.
The eieetiou §11. There sliall be elected, at the first election for city
magis- Qfjj(,gj.g^ ^^Q police magistrates, who shall hold their offices
%v the term of four years and until their successors shall l)e
elected and qualified, and said police magistrates shall be, ^.r
officio, justices of the peace, and their jurisdicti(»n shall
extend over the entire county of Richland. The governor
shall commission the mayor of said city and the said
police magistrates, and each magistrate shall execute and
deliver unto the city clerk, within twenty days after his
election, a bond to be approved by said clerk, with one or
more good and sufficient securitiec, in the sum of not less
than two thousand dollars, conditioned that he will justly
and fairly account for and pay over all money that may
come into his hands under any judgment or otherwise by
virtue of his said office, and that he will well and truly per-
form every act and duty enjoined on him by this charter or
the laws of this state to the best of his skill and abilities ;
said bond shall be made payable to the city council of the
city of Olney for the use of the people of the state of Illinois,
and be held for the security and benefit of all suitors and
others who may be aggrieved or injured by the magisterial
acts or misconduct of said police magistrates. Change of
venue may in all ^cases l»o taken from one of the police
magistrates to the other and the practice and usages of the
same shall be as in the justice's court.
§ 12. The trustees named^lierein shall immediately after
the passage of this act, take measures to promulgate tJiis law
within the limits of the city of Olney, and issue their pro-
clamation for an election to be held in said city, at least ten
days prior to the election for city officers, at which election
the inhabitants residing within the territory described in
the second section of the first article of this act who are
Submitting the autliorizcd to votc for state officers, shall vote "for the
charter" or ''against the charter" and if a majority of the
votes given at such election shall be for the charter, this act
shall immediately take efi"ect as a law, and the trustees shall
proceed as directed in article four ot this charter, but if a
ma;jority of the votes shall be against the charter, then this
act shall be of no eftect.
School district g 13. School district number twelve of townships three
and four in Richland county is hereby extended so as to
embrace and include all the territory within the limits of
the city of Olney.
Change of
yenue.
Promulgating
this law.
WO. 12.
CITIES. 836
§14. This act shall take effect and be in force from and Previous offices
after its passage, whereupon all officers elected or appointed
by and under the corporation of Olney existing heretofore,
are declared vacated so soon as the cit^^ officers are elected
and qualified.
Approved March 9, 1867.
denlarcd
ted.
vacs-
AX ACT supplemental to an act, entitled "An act to amend the charter of In <'orce Blarch
the city of Lincoln, approved February 21, 1867. ^- ^*^"-
Whereas by the provisions of an act incorporating the Preambles.
city of Lincoln, in the county of Logan, approved February
16, 1865 and an act amendatory thereof, entitled an act to
amend the charter of the city of Lincoln, approved February
21st, 1867. The city elections in said city of Lincoln
are required to be held on the second Monday of March in
each year, and whereas there has not been time enongh,
since the approval of said last mentioned act, to provide for
the registry of voters in said city according to the provisions
of the registry law of this state, before the time iixed by
said city charter for the holding of such city election, therefore,
Section 1. Be it enacted by the People of the State of
lUinois, represented in the General Assembly, That the Postponement
time of holding said city election for the city of Lincoln, rpg""city ei'ec:
under and liy virtue of the charter of said city conferred by *'°°'*
the act of the general assembly, approved February 16,
1865, and the act amendatory thereof, approved February
21, 1867, be and the same is hereby postponed until the
fourth Monday of March, a. d., 1867, instead of the second
Monday of said month.
^ 2. Nothing in this act contained shall be construed so Timeof holding
as to alter the time for holding the annual city elections in election not
said city of Lincoln, except for the year 1867. ^^'^'^''•
§ 3. This act shall be a public act, and be in force and *
effect from and after its passage.
Approved March 9, 1867.
AN ACT to amend the city charter of Monnd city, Illinois, and to amend In force March
all acts heretofore passed incorporatinpc the said city, and for other ^^' ^*®'^-
purposes.
Section 1. Be it enacted by the People uf the *^'^f'^<' '?/' sections of ae
PUnois, rrprescnted in the General Assembly, That sec- appro" eciVeb!
tion second of said charter, approved February 24, a. d. ;*j"56, amend-
VTorks
h6b CITIES.
1859, be and the same is hereby amended so as to restrict
the corporate limits of said city to tlie land inclosed with-
in and bounded by the levee lately built around said city,
and that all the recorded plat of said city lying outside of
said levee, (except that portion fronting on the Ohio river,)
be hereby declared vacated and no longer taxable as town
lots.
^t"*'roVe./'Feh ^ ^' "^^^'^^ sectiou four of an act amending said city
j'e.^msTamen- charter, approved February 16, a, d. 1865, be and the same
''*"^' is amended so as to restrict the power of the city council of
said city in levying a tax for general purposes, to not ex-
ceed one per cent, per annum upon the assessed vahie ol'
the taxable property within said city.
Board of public § 3. That, iu addition to the powcrs heretofore granted
to the city council of said city, they are hereby authorized
to appoint a committee of three discreet qualified voters in
said city (not of their number,) to act as a " Board of Public
Works," whose duty it shall be to superintend all public
improvements of every description made in said city during
their term of office, which shall be for one year or until
their successors are appointed ; they shall assess the cost
of making every improvement as aforesaid, and keeping
the same in repair with the benelits resulting therefrom to
the owners or holders of lots in front of and along which
said improvements are made, and the report of said board,
(when confirmed by the city council,) shall be the basis in
assessing the tax or taxes due from said owner or holder of
lots for said improvements. Said board shall be paid such
salary as the city council may direct, not to exceed three
hundred dollars a year each.
§ 4. The said city council are also hereby authorized to
empower, by resolution, any justice of the peace residing
within the limits of said city, to act as police magistrate to
try all cases for the violation of any city ordinance.
§ 5. The marshal of said city is hereby empowered to
act in all cases before justices of the peace as a county con-
stable,- to be held responsible on his bond as city marshal
for the faithful performance of all duties as county constable.
^r^ ^Um"' ^ ^' "^^'^ ^^^*^ ^^^y council are hereby authorized to
,r,nm^.- jj^^^j^g^^ ^^^^ y^j^^j i-QguJate agcuts of all foreign insurance
companies doing business within said city, and also to con-
solidate the offices of assessor and collector, and to provide
for the election and conipensatiou of one person performing
the duties of both offices.
§ 7. That hereafter before any sale of real estate by the
collector of said city for city taxes, judgment shall be ob-
tained in the same manner and at the same court as is now
provided by the revenue laws of tliis state for obtaining
judgment against delinquent lands and town lots for state
and county purposes.
compa-
CITIES — CITY INDEBTEDNESS. 837
§ 8. Be it fuHhei' enacted., that tlie state tax hereafter Disposition of
ass'essed and to be collected upon the, taxable property
within said city for the period of ten years from and after
this date, shall, after being collected by the sheriti" of Pu-
laski county, bo paid over to the treasurer of said Mound
city under the direction of the city council, and shall, under
their directiou, be set apart and kept as a special fund to
liquidate the present bonded indebtedness of said city, con-
tracted for building a levee.
§ 9. All acts or parts of acts inconsistent or conflicting conflicting acts
with this act are hereby repealed, and this act is hereby '"^^*'^' '
declared to be a public act, to be in force from and after its
passage.
•■ I'his bill having remained with the governor ten days, (Sundajs excepted,) and the
general assembly being in session, it has become a law, this 28th day of February,
1S67.
SHARON TYNDALE,
Secretary of State,
.IN ACT Id enable the cit}- of Dixon to borrow money for the purpose of In force Feb'y
huiJdiog and maintaining a bridge across Rock river, at Dixon, Illinois. I*'- 1*''^-
Section 1. Be it enacted by the People of the State oj
IllinoiSy rejjvesented in the General Assembly,, That when- Authority.
ever it may become necessary to either repair or rebuild the
bridge across Rock river at the city of Dixon, in said state,
the city council of said city shall have power to borrow
such sura of money as may be necessary for that purpose,
and to issue bonds to secure the payment of such loan, at a Bonds for pay-
rate of interest not exceeding ten per centum per annum, Xn\e/e.*tf''**
and such bonds, so issued, shall be obligatory and binding
upon said city : Provided, that said city council shall in no proviso.
case borrow any sum of money or issue bonds for the pay-
ment of money for such purpose without having tirst
submitted the question as to whether they shall so borrow
such money to a vote of the legal voters of said city, and
the city council shall have the power to so submit such ques-
tion at any annual or special city election, duly called within
and for said city ; and whenever such question shall be so
submitted, the notice of said election shall be given at least
ten days before the day of said election, and shall specify
the amount of money proposed to be so borrowed and the
purpose for which it is to be expended. Said vote shall be
taken by ballot, upon which shall be written or printed, or
partly written and partly printed, " For Loan," or "Against
Loan." Returns of said vote shall be made to the city
clerk, in the same manner as in case of elections of city
officers. If it shall be found that a majority of the voters of
said city voting upon the question have voted in favor of
guch loan, the city council shall have the right to proceed
838 CITY IDEBTEDNES8.
to make such loan and to issue bonds as aforesaid, and not
otherwise.
Paymeniofin- §2. Whenever such loan shall be made, and bonds to
terest on bonds ge^-^j^.y the payment of the same shall be so issued, it shall
be lawful, and shall be the duty of said city council of said
city of Dixon, to provide for the payment of the interest on
said bonds, and to create a fund for the payment of the
principal, and shall assess such special tax on all the taxable
j)roperty, both real and personal, in said city, as may be
necessary for that purpose, which tax shall be levied and
collected in the same manner as other taxes in said city,
except that it shall be paid in money only. Said tax shall
be extended upon the collector's book in a separate column,
and, when collected, shall be paid to the city treasurer, and
shall be held by him, subject to the order of the city coun-
cil, for the payment of the principal and interest due upon
such bonds issued as aforesaid, and shall not on any pre-
tense be appropriated to any other purpose whatever.
Present bridge. § 3. The prescut bridge across Rock river or any
bridge that may be hereafter constructed by the city of
Dixon across Rock river, within the limits of said city, is
and shall be vested in said city of Dixon, and the city
council of said city shall have exclusive control of such
bridge or bridges and shall have full power to make such
regulations and restrictions in regard to the use of the
same, as they may deem necessary and proper, and njay
pass such ordinances as may be necessary to protect, pre-
serve and regulate the same.
Provisions and ^ 4. The city couucil of said city shall have the ri^ht to
regulations. • i i i- ii • • i " ,
provide, by ordniance, all necessary provisions and regula-
tions as to the manner of exercising and carrying into effect
the powers herein specilied.
§ 5. This act shall be deemed and taken as a public
act, and be in force from and after its passage.
Approved February IS, 1867.
^"^ ^o^%af^^'^ ^^ -^CIT to authorize the boiird of trustees of the town of Belvidere, in
Boone county, to issue bonds and to levy taxes for the purpose of build-
•25, 1867
a bridffe across the Kishwaulcee river.
Section 1. J3e it enacted hy the People of the State of
Illinois^ rcj>re8ente(l in the General Assemhly^ That the
^hond"*- vvhen board of trustees of the town of Belvidere ])e and they are
payable- rates lierebv authorized and empowered to issue i)ond8 of said
of interest. •' r ^ ^ i
town, not to exceed m amount tlie sum ot tentnt)usand dol-
lars, which l)onds shall be payable in not less than one nor
more than six years, and bear interest at a rate not exceed-
CITY INDEBTEDNESS, 7S6\f
ingten per cent, per annum, and to levy a tax on all the tax-
able property in said town to raise funds to liquidate said
bonds and the interest thereon, for the purpose of building
a bridge across the Kishwaukee river on State street in said
town; said bonds shall be designated as " Bridge Bonds," oeaignatiou of.
and shall be for sums of not less than one hundred dollars,
or more than one thousand dollars, and shall 1)0 issued with
coupons for accruing interest attached thereto, which inte-
rest shall only be paid on the surrender of such coupons coupons-dis-
from time to time, as the same become due, and said bonds ^°^'
may be disposed of under the direction of said board of
trustees, for ready money, or in payment for materials or
labor necessary in the building of said bridge, as may seem
best to said board.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 25, 1867.
AN ACT to autlioiize the city of Nauvoo, in Hancock rounty, Illinois, to I» ^;"'ce Feb'y
raise money for cemetery purposes. "^•" ■^^*''
Section 1. -Be it enacted by the People of the State of
Illinois, re2?resented in the General Assembly, That the Taxes-purpose
city council of the city of Nauvoo be and the same is here-
by authorized and empowered to levy and collect annuall}'^
a tax not exceeding five mills on every dollar valuation of
taxable property within the limits of said city, both personal
and real, for the purpose of purchasing and maintaining
ground for an additional cemetery for said city, and for
other purposes,
§ 2. Said tax, so levied, shall not, in the aggregate, Amount of.
exceed the sum of two thousand dollars and to be levied
and collected in the same manner that other taxes of said
city are levied and collected.
I 3, This act to be in full force from and after its pas-
sage.
Approved February 28, 1867.
J40
CITY INDEBTEDNESS.
■'^ sffTsfif*^'^ "^^ ^^^ to. authorize and empower the city of Henry to subscribe to the
' • capital stock, or loan its credit to a cotton manufacturing company in
said city of Henry.
Section 1. Be it enacted by the Peo^^le of the State oj
Illinois, represented in the General Assembly, That the
^subscribV*^ city of Henry, in the county of Marshall, Illinois, is hereby
empowered and authorized to subscribe to the capital stock
of any cotton manufacturing company now organized or here-
after to be organized, in conformity to the laws of this state,
in said city of Henry, in any sum not exceeding forty thou-
sand dollars, or to loan the credit of said city to such com-
pany for the same sum.
Bonds. § 2. For the purpose of carrying the provisions of the
lirst section of this act into effect, said city, through its
mayor and board of aldermen, are hereby authorized to make
and issue bonds of said city, bearing interest at a rate not ex-
ceeding ten per cent, per annum, payable to such corporate
body aforesaid, or to any other person or persons or corpor-
Proviso. ate body : Provided, that whenever such subscription or
loaning of credit is prpposed to be made, it shall be the duty
of the mayor and board of aldermen of said city to order a
^inhai/itInt3''''to ^'^^^^ ^'^ ^^^^ taxable inhabitants of said city, who are entitled
decide upon to votc iu said city, by a notice published in some newspa-
subscriptiou. ^^^, published in said city of Henry, stating that on a certain
day therein named, not less than twenty days from and af-
ter the first publication of such notice, a vote of the taxable
inhabitants of said city, who are entitled to vote therein,
will be had, to decide whether said city shall subscribe or
loan its credit as proposed by the mayor and board of alder-
men. Said publication shall state the amount proposed to be
subscribed or for which the credit is proposed to be loaned.
Time, place and g 3. Said vote sliall be taken by ballot at the place of hold-
vofin"' ° ing elections in said city, and if a majority of the votes cast
shall be in favor of the proposition of the mayor and alder-
men of said city, then such subscription or loan shall be
made by the mayor of said city, otherwise not : Provided^
that the mayor and board of aldermen may provide in said
publication that there shall be but one poll for such elec-
tion, to be opened between the hours of nine and ten o'clock in
the morning, and closed at five o'clock in the afternoon of said
day, and the said election shall be conducted and returns
made iu the same manner as now is or may hereafter be
provided by law for general elections in said city.
Trustees. § 4. Samuel Camp, Alfred H. Powell and John Barn-
ard be and hereby are appointed trustees for said city, who
shall have the care, control and management of the stock of
the said city in the same manner as shall be provided by
the by-laws of such corjioration for other stockholders. That
Vacancy. upon a vacaucy occurring in the said board of trustees by
death, resignation or removal, the same shall be filled in
CITY INDEBTEDNESS. 841
same manner as now is or hereafter may be provided for
the election of a mayor in and for said city. Said trustees
shall devote two (2) days in each year to an investiga-
tion of the affairs of such corporation, and receive an an-
nual salary of ten dollars, to be paid by said city, and said
trustees shall have power to call upon the officers of such
corporation and compel an investigation of its books and
papers,
§ 5. The city council shall annually levy a tax upon all Taxe«.
the taxable property listed for taxation in said city, to pay
the interest and principal of such bonds as may be issued
under the provisions of this act ; which tax, when collected,
shall be deemed a special tax, and shall be used for no pur-
pose other than the payment of said principal and interest.
§ 6. In case any proposition submitted in conformity Adoption of
with the provisions of this act shall not be adopted upon the p'"?"'''"'"-
first vote, it shall be lawful for the mayor and aldermen to
submit the proposition, or any other proposition in relation
to the same subject, in the same manner, to a vote of the
people, whenever they shall deem it to the interest of the
city so to do, but in no case shall the said city own or bo lia-
ale for any stock exceeding the said sum of fort}^ thousand
dollars, under the provisions of this act.
§ 7. This act shall be deemed a public act, and be in
force from and after its passage.
Approved February 28, 1867.
AX ACT to authorize the city of Belleville and the town of Mascontah to In force Marrh
issue bonds. ^> ■'■^^'•
Section 1. Be it enacted by the People oj- the State of
lllinois, repi'esented in the General Assevibly^ That the city Amount of the
council of the city of Belleville, of the county of St. Clair, ''°"'^'"
State of Illinois, may authorize the mayor and register to
issue bonds in such amounts as the said city council may
determine upon by ordinance, payable in not less than ten
years nor more than twenty years, and bearing ten per cent,
interest per annum. The proceeds of said bonds shall 1)6
applied as subscription to stock of any plank, macadam
or railroad now being built or hereafter to be built,
leading to or from the city of Belleville. Said bonds shall
not be sold or disposed of for less than par : And, provided provigo.
further, that no such bonds shall be issued unless a ma-
jority of the tax-payers to whom the question shall be sub-
mitted shall have decided in favor thereof.
7ol. 1-74
842
CITY INDEBTEDNESS.
Appiicati.n of § 2. This act shall also apply to and be in force for the
use and benefit of the town of Mascoutah, in the county of
St. Clair.
Applies to other § 3. Tiie town of Nashville, in the county of Washing-
^**'^''' ton, and to the county court of Washington, are hereby
authorized to avail themselves of the benefit of this act.
§ 4. This act shall take effect and be in force Ironi and
after its passage.
Approved March 5, 1867.
In force March AN ACT to authorize cities, towns or townships lying within certain lim-
7, 186T. its to appropriate moneys and levy a tax to aid the construction of the
Chicago, Danville and Vincennes railroad.
Payment of.
Section 1. Be it enacted hy the Peojyle of the State of
Illinois^ repiesented in the General Assembly, That all
incorporated towns and cities and towns acting under the
township organization law, which lie wholly or partly within
20 miles of the east line of this state, and also between .the
city of Chicago and the southern boundary of Lawrence
county, be and the same are hereby severally authorized to
appropriate such sum of money as they may deem proper
to the Chicago, Danville and Vincennes railroad company,
to aid in the construction of the road of said company, to
be paid to said company as soon as the track of said road
shall have been located and constructed through said city,
town or township respectively : Ffovided, howe'uer, that the
proposition to appropriate moneys to said company shall be
first submitted to a vote of the legal voters of said respective
townships, towns or cities, at a regular, annual or special
meeting, by giving at least ten days notice thereof; and a
vote siiall be taken thereon by a ballot at the usual place of
election ; and if the majority of votes cast shall be in favor
of the appropriation, then the same shall be made, other-
wise not.
§ 2. The authorities of said townships, towns or cities
respectively, are hereby authorized and required to levy and
collect a tax, and make such provisions as may be necessary
and proper for the prompt payment of the appropriation
under the provisions of this law.
Taxea iPRaiized § 3. A7id he it further enacted, That all the taxes hereto-
and valid. ^^^^ votcd in any and all of the townships, towns or cities
along the line of the aforesaid road, in aid <»t the construc-
tion of said road, are hereby legalized and declared valid.
§ 4. And he it further enacted, That any and all of said
townships, towns or cities within the county of Iroquois
and along said lino of road as aforesaid, may vote for or
Taxes.
Conditional
votes.
CITY INDEI5TEDNESS. 84:3
against such taxes coiiditioiied, tliat the town of Watseka
in said county shall be made a point on said road, and in
case a sufficient amount of such conditional taxes be voted
in said Iroquois county to build the additional length of
road required to make said town of Watseka a point in the
same, then and in that case said road shall be so located as
to run through or adjoining said town of "Watseka.
§ 5. This act shall take effect and be in force from and
after its passage.
Approved March 7, 1867.
AN ACT to enable the city of Sterling and certain towns in Whiteside 1° 'orce March
county to issue bonds and raise money by taxation to establish a free ^' ^^^"•
bridge across Rock river at the city of "Sterling.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That the Bonds,
city of Sterling and towns of Coloma, Montmorency.
Hume, Hahnaman, Tampico and Prophetstown, in the
county of Whiteside, or any number of said towns, not less
than live, including the city of Sterling, which shall vote to
accept the provisions of this act, may and it shall be lawful
for them respectively to issue bonds to run for a term or
terms, not exceeding five years and upon interest at the
rate of ten per cent, jDer annum ; and, also, to raise and
collect such a tax or taxes, not exceeding two per cent, of
the assessed valuation of the said city and towns respec-
tively for the purpose of opening and maintaining free com-
munication across Kock river, between the towns of Ster-
ling and Coloma, either by the purchase of the Sterling
bridge or the erection of a new bridge at some point oppo-
site to the city of Sterling.
§ 2. The mem.bers of the county board of supervisors Eiectioa of
who shall be elected at the first annual town meeting after ^"P^^''^^'"'"*
the passage of this act, by the respective towns accepting
the provisions hereof, should said city accept the same, and
their successors in office, shall be, ex officio^ commissioners
for the purchase or erection and maintenance of a free
bridge ; and as such commissioners shall have authority, in
case they shall deem a new bridge to be expedient, to select
and decide upon its location, which shall be fronting to
some one of the streets leading in a direction to the said river
in said city of Sterling ; and shall have power to make any
and all contracts necessary for its erection and completion,
and for the maintaining and keeping the same in repair
and shall have authority to employ any agents, mechanics
or laborers for that purpose. And the said commissioners
844
CITY INDEBTEDNESS.
I'lcsident.
secretary
treasurer-
duties of.
Estimate!^ ot
amount of
bonds.
Name and style
of bridge com-
missioners.
Purcliu.sc ol
bridge.
shall make all by-laws, rules and regulations necessary to
be observed by persons passing over said bridge.
§ 3. The said board of commissioners shall annually in
the month of May choose one of their number president,
and shall also select a secretary and a treasurer, who shall
keep full and accurate minutes of the proceedings of the
said commissioners in their respective offices. The books
and records of the said commissioners shall be kept in some
house or office in Sterling or Coloma, and shall be open to
the inspection of an}" of the legal voters of the city or
towns acting under the provisions hereof.
§ 4. The said commissioners shall at their lirst meeting,
or as soon thereafter as shall be practicable, make an esti-
mate of the amount of bonds, not to exceed sixty (60) thousand
dollars, necessrary to be issued for the purpose of purchas-
ing or building a bridge, as they shall decide, and also the
amount that the city of Sterling and the respective towns
should issue according to their assessed value respectively,
and shall certify the city clerk of the city of Sterling and
the town clerks of the respective towns the several
amounts allotted to them ; and it shall be the duty of the
said clerks of the said respective townss and city, upon no-
tice in writing from the said commissioners th^it they
are ready to use said bonds, to issue the same to the
amounts so certified, which said bonds shall be signed by
the clerks of the said town respectivch^, and shall be coun-
tersigned by the supervisors of the said towns respectively
and placed in the hands of the treasurer of the said com-
missioners ; but the said bonds shall not be negotiated at
less than their par value. The said connnissioners shall
furnish a unitorm style of blanks for such bonds.
§ 5. The said bridge commissioners shall be known as
" The Sterling and Coloma Free Bridge Commissioners;"
and by that name and stvle are hereby made capable to
contract and be contracted with, to sue and be sued, plead
and be impleaded, in all courts of law and equity, and may
do and execute all acts, matters and things which may be
necessary to the building, maintaining and preserving of
such bridge.
§ 0. In case of a suit at law or in equity agiust the said
commissioners, service may be had upon the president or
secretary, and when both are absent from the county of
Whiteside, upon any member of the board of commis-
sioners,
§ Y. Should the said commissioners determine to pur-
chase the present bridge at Sterling, and the same sliould
thereafter become useless by decay, destruction by the ice
or otherwise, the said commissioners may re-build the same
or build a new bridge at that or any other point oj^posite
the said city of Sterling, in accordance with the provisions
of this act. *
CITY INDEB'l'EDNESS. 845
§ 8. The said commissioners shall at all times keep such Repairs..
free bridge in good order and repair, and in case the same
should be injured by high water, or otherwise, they may
speedily repair or rebuild the same.
§ 9. The said commissioners may use, alter or grade oi-ading of
such portion of any street in the city of Sterling, opposite
to which they may build such bridge, as may be necessa-
ry to connect the roadway of the said bridge with said
street, and they are hereby authorized and empowered to
obtain the right of way over any intervening lots or banks,
shores or bed of said river, between such street in the city of
Sterling opposite to which they may construct such bridge,
and the nearest public road to the southern terminus of said
bridge which is or may be hereafter opened as a public
highway in the town of Coloma, and may condemn any
land, earth or stone along the location of such bridge that
may be necessary for its construction and use, but shall pay
for the same to any party or parties injured thereby, and
upon failure of agreement as to the amount of any such
damages, the same shall be ascertained and determined in
the manner prescribed by law for ascertaining the amount
of damages upon obtaining the right of way for laying out
public roads ; but the work upon or construction of the said
bridge shall not be obstructed or burdened by delay in de-
termining the amount of such damages.
§ 10. If the said commissioners decide to build a new Time of com-
bridge the same shall be commenced before the first day of b?i^?di^nT°new
June in the year of our Lord one thousand eight hundred *'''"*se, etc.
and sixty-nine, and shall be completed within six years
from the passage of this act. And said bridge shall be
built in a manner not materially to obstruct the navigation
of iiock river.
§ 11. The said commissioners shall have authority to Donations.
receive donations from any person, persons, firms, compa-
nies or coiporations which may in that manner favor the
building or maintaining a free bridge, all of which dona-
tions shall be strictly applied for that purpose.
§ 12. Whenever the said commissioners shall deem it Taxation.
necessary to raise a tax for the purpose of paying any in-
debtedness arising from the purchase, building or keeping
such bridge in repair, they shall make a statement of the
sums necessary to be raised in each of said towns and said
city of Sterling, according to their assessed valuation re-
spectively, and shall certify the same to the board of super-
visors of Whiteside county. The respective sums so certi-
hed shall by said board of supervisors be levied on the taxable
property of the said towns respectively and of said city of
Sterling, and collected by the collectors thereof in the same
manner as other taxes are levied and collected ; and all
such moneys, as soon as collected, shall be paid by the col-
846 CITY INDEBTEDNESS.
lectors of said towns respectively and the county treasurer
into tlie hands of the said commissioners.
Treasuievsi § 13. The treasurer of said board of commissioners shall,
bond. before entering upon the duties of his office, execute and
deliver a bond to the said commissioners in such a sum
and with such security for the faithful performance of the
duties of his office as they may require.
Question of is- § 14. The qualified voters of the several towns herein
andfaxauon.'^^ named, and of the said city of Sterling, shall, at the next
annual town meeting after the passage of this act, decide in
favor of or against the issuing of bonds and raising a tax
for the purpose of establishing a free bridge ; those in favor
of the same shall have written or printed on their ballots
the words "for a free bridge," and those opposed to the
same shall have written or printed on their ballots, the
words "against a free bridge" : Frovided, that said city, or
any of said towns which may decide against the free
bridge, may at any annual town meeting or city election
thereafter vote upon the same question and in the same
manner.
corpoiation § 15. Any city, incorporated town or township not here-
donations. -^^ named or not availing themselves of this act, but whose
inhabitants may be benefited by such free bridge, may vote
at any annual town meeting to aid in the construction or
maintenance of the same, by donations, or otherwise.
Failure of town § 16. Any cit}'', towu Or couuty officer, any or all uf the
h^-etn? ^° ^^'^ said commissioners, their secretary or treasurer, may be
compelled to perform any of the duties required by this act,
when neglecting or failing so to do, by a writ of mcmdamus
from the circuit court of Whiteside county, upon proper
complaint being made therefor.
Public higiiway. § 17. The Said bridge shall be deemed a public high-
way, within the meaning of the laws providing for the
punishment of persons injuring, obstructing or destroying
public roads and bridges.
Penalties for § 18- If any persou or persons shall willfully do or
juiTof' bddge.' cause to be done any injury to such free bridge, such person
or persons so offending, shall be liable to pay *to said com-
missioners not less than twice the amount of such injury,
to be recovered, with costs of suit, in an action of trespass,
in any court having jurisdiction thereof, which said sums
shall be paid into the hands of the treasurer of said board
of commissioners for the maintaining of the said free bridge,
or shall be liable to indictment in Uie circuit court in the
name of the people of the state of Illinois, and on convic-
tion under indictment such person or persons shall also
be liable to im]iiisonment in the county jail not exceeding
three months, aiid to pay the costs of prosecution.
Forfeiture for § 19. Any ])erson or persons crossinii; said brido;e, or
violation of " , ,1 c ^,^ ^ ^ , • t r , .1
rules. any part tnereot, with any beast or animal, taster than a
walk, or violating any of the regulations established by the
COMMERCIAL COEPORATIONS. 847
said commissioners, posted as hereinafter provided, shall
forfeit and pay to the said commissioners ten dollars for
each ofi'ence, to be recovered by an action before any justice
of the peace or any court having jurisdiction : Provided^
that said commissioners shall keep posted in some conspicu-
ous place painted in large letters said regulations.
§ 20. This act shall be deemed a public act, and take ef-
fect and be in force from and after its passage.
Approved March 9, 1867.
AN ACT to incorporate the Tradera' Emporium. In force March
T, 18G7.
Section 1. Be it enacted hy the People of the State of
Illinois, rejrresented in the G-eneral Assembly, That M. Tier-
nan, H. B. Bogue and C. M. Cudy, their associates and
successors, are hereby created a body corporate and politic
by the name and style of the "Traders Emporium" and Nameand style.
by that name shall have perpetual succession, may sue and
be sued, have a common seal, may make contracts, may Powers.
make by-laws for the government of its ofiicers and busi-
ness, and have and enjoy ail the rights and privileges
and be subject to all the liabilities of a body corporate and
politic.
§ 1. The capital stock of said company shall be fifty capital stock,
thousand dollars, which may be increased from time to time
by said company to an amount not exceeding fire hundred
thousand dollars. The capital stock shall be divided into
shares of one hundred dollars each, to be deemed personal
property and transferable as such m the manner and subject
to the restrictions provided by the by-laws.
§ 2. The business of said company shall be conducted i'''"ep'or9.
by a board of five directors, who shall be chosen annually,
and they shall elect from their number a president, a secre-
tary and treasurer, ftnd they may appoint such officers and
agents as they shall deem proper and may prescribe the
duties of their officers and agents and require bonds from
them with or without sureties. The said company shall be
authorized to exercise all the powers granted by this act
when forty thousand dollars shall have been subscribed to
the capital stock and thirty ])er cent, of such subscriptions
shall have been paid in.
§ 3. The said company are hereby authorized to import Business and
from foreign countries all kinds of goods and wares, and °^^^^ '""''
may deal in and sell the same at wholesale or retail, and
rflay buy and sell domestic goods or merchandise, groceries,
hardware or other articles, and for the purpose of carrying
848 COMMEKCIxVL CORtOKATIONS. ^
on said business may establish depots or agencies in any
foreign country or in tlie city of New York or elsewhere,
but the principal place of business shall be in Chicago, Illi-
nois. It shall be lawful for said company to erect in Chi-
cago and to occupy one or more buildings for their said
business, and to that end may lease or own so much real
estate as they shall deem necessary. The said company are
authorized to borrow money and to pledge their property
or franchise to secure the payment of the same.
§ 4, This act shall be a public act, and be in force from
and alter its passage.
Approved March 7, 1867.
In force March j^-^ _iCT to incorporate the Guarantee and Investment Association.
Section 1. JBe it enacted by the People of the State of
Illinois, represented in the General Assembly, That James
Otis, Erastus Bailey, P. D, Hamilton and L. P. Hilliard,
and all others who may become associated with them as
subscribers to the stock of the association hereby created,
their successors and assigns forever, be and they hereby are
created and made a body politic and corporate by the name
Name and style, and Style of the "Guarantee and Investment Association,"
and by that name shall be and hereby are empowered to
Powers. iq purchase, have, hold, possess and enjoy by themselves,
successors and assigns forever, lands, tenements, heredita-
ments, goods, chattels, choses in action and effects of every
kind, and the same to grant, sell, alien, invest, loan and
dispose of; to sue and be sued, plead and be impleaded in
all courts of law and equity ; to have and use a common
seal, and the same to change, alter or renew at pleasure ;
but nevertheless the said corporation shall not be entitled
to acquire, hold or possess real estate, except such as may
be necessary for the purposes of its business, unless the
same shall be acquired for debts due said corporation, and
no real estate except such as may be used in the transaction
of its business, shall be held by said company for more
than ten years after acquiring the same.
o^'.i«cts- § 2. The chief objects of this association are that it will
examine and pass opinions upon and negotiate the sale of
first class securities, or for a valuable consideration it will
by its special indorsement, or by its special contract or agree-
ment or agreements guarantee payments of interest, or in-
terest and i)rincipal of securities which, though good, the
makers whereof are not known in the large mcmey markets
so as to facilitate readv sale of the same.
COMMEECIAL CORPORATIONS.
849
§ 3. The business and affairs of said corporation shall Management,
be managed by a board of not less than three nor more
than fifteen directors, and such officers and agents in this
state and other states and ])laces as they may appoint. The
first board of directors shall be elected by the corporators
aforesaid or such of them as may act together with such
other persons as may become associated with them as sub-
scribers to the stock of said association ; and thereafter the
said directors shall be elected by ballot, b}^ and from the
stockholders of said association. They shall hold their
office for the term of three years and until others shall be
elected or chosen to fill their places. In case of a vacancy,
by death, resignation or otherwise, the remaining directors
may till such vacancy by appointment until the next regular
election. A majority of said directors shall always be resi-
dents of the state of Illinois. The said board of directors
shall have power to ordain and put in execution such by-
laws and regulations as they may deem proper for the well
ordering and government of said corporation : Provided^ Proviso,
they be not repugnant to the laws of the United States or
of this state or to the provisions of this act of incorporation.
They shall have power to appoint all such officers and
agents as they may think desirable, and to fix their salaries,
compensation, duties and terms of office. They shall re-
quire the officers in charge of the home office of said associ-
ation to make out an annual report of the resources and ^-nnuai reports.
liabilities, receipts and expenses, business and losses of the
association, to be verified by affidavit, of which report each
stockholder and policy holder shall be entitled to a copy on
application at the office of the association. The home office
of said association shall be located in the city of Chicago ;
contracts to which said corporation may be a party shall be
valid and binding with or without the seal of said corpora-
tion attached.
§ 4. At any time within two years from and after the Ofg»ni^''0"-
passage of this act the said corporators or such of them as
may act, shall proceed to organize the association by the
election of the first board of directors, and open books for
subscription for the capital stock of said association, and
subscribers therefor may be required to pay for the stock
so subscribed for by them, in installments as may be ordered
by said board of directors, and they may and shall forfeit
for the use of the association all installments and payments
that may have been made by them thereon upon failure to
make due and punctual payment of any installment that
may be called for or ordered by said directors. There shall
be a meeting of the stockholders at the office of the com-
pany, in Chicago, on the third Wednesday of May of each
and every year. Six stockholders representing, either by
ownership or proxy, one-half the capital stock of the com-
pany, shall constitute a quorum for transacting business.
Yol. I.— 75
350 COMMEKCIAL COIiPORATIONS.
Vote of stock- § 5. At all elections for directors the stockholders shall
holders. ^^ entitled to one vote, oy themselves or proxy, for each
share of stock held and owned by them respectively.
spp.ciai indorse- § 6. The assocuition shall have powcr to givc its spccial
"^«"*- indorsement or its special contract or guarantee for pay-
ments of interest or interest and principal of any bond,
coupon, due bill, note or other voucher given for the pay-
ment of money, and which is amply secured by mortgage
or first lien on real estate not otherwise encumbered, or any
other merchantable collaterals.
Investment of §7. The associatiou may employ its Capital and increase
capital. thereof in making such investments in secured evidences of
debt due or to become due, and in sale thereof, as may be
deemed most safe and profitable.
Guarantee of § §• ^ guarantee capital may be acquired by the ope-
capitai. ration from the issue and sale of certificates of shares
therein in such uniform sums, lent in such classes and with
such grades of preference as to shares in the net profits as
the board of directors may ordain, fix or establish, not in-
consistent with this act of incorporation.
Guarantee of § 9. The associatiou shall not guarantee or indorse or
contracts. make any contract except as to and with owners of shares
in said capital until at least one hundred thousand dollars
shall have been subscribed to the said capital stock, and not
until at least twenty-five thousand dollars of said subscrip-
tion shall have been paid in money towards said capital.
Increase of cap- § 10. The Said Capital may be increased from time to
''*'■ time, in such amounts as the majority of the board of direc-
tors may deem proper, they first giving sixty days' notice of
such intended increase, by written or printed notice mailed
to each stockholder to his or her proper address, as such
address appears in the books of the association : Provided^
that at no time shall the said capital be increased so as to
become outstanding shares therein, to exceed the sum total
of five hundred thousand dollars.
Notice of § 11. The board of directors shall give notice to the
amen men s. gj.Qg]^|^QJjgj,g Qf every proposcd amendment of this act of
incorporation in manner and time as provided in section ten
hereof, for an increase in said capital.
§ 12. Shares in said capital stock shall be transferable
only on the books of said corporation, according to the rules
and regulations of the company.
Examination of § 13, Any dircctor may examine any of the books or
books, etc. vouchers belonging to said association at any time during
office hours.
Finance com- § 14. The finance committee of the association shall
mittees. consist of the president or manager, and four other directors
under whose supervision all contracts and investments of
the fund shall be made. No contract, loan or investment,
shall be made, except the same shall be authorized by a
majority of said committee.
COMMEECIAL CORPORATIONS. 851
§ 15. The association may receive, execute and fulfill Trusts,
for any of its share holders, any trust or trusts, which the
board of directors may deem proper to accept for them and
their successors in office.
§ 16 .The business affairs, funds and values of each, and Affairs kept sep-
every trust accepted for the association by the board of
directors shall be kept separate, each for its own account,
and each of such trusts at its own risk.
§ 17. No loan shall be made to any stockholder dn Loans,
pledge of his or her share or shares in the said guarantee
capital.
§ 18. One-tenth part of the half yearly net profits of the pubiic funds.
association shall be set apart and go to a fund in said asso-
ciation to be designated as the public fund, which with its
net increase, income and remainder shall be invested and
reinvested for its own account, until said public fund with
its net increase shall amount to fifty thousand dollars, and
when and so often as the fund last above named, reaches
the limit last above expressed, then the amount thereof
last above specified shall be expended in the construction
or in the construction and maintenance of such substantial
improvements in the city of Chicago, especially beneficial to
the fnmilies of the working classes of said city, as the com-
mon council of said city may approve.
§ 19. As often as said public fund shall amount to one ^'^^^fl'^f^L **'
hundred thousand dollars, that amount shall upon request ^"
of said common council, be invested by said board of
directors in such public stocks as said common council may
designate ; and the investment so made shall be kept by
said association as part of the assets of said public fund.
§ 20. The organization of said association shall take organization,
place within two years from the passage of this act, and not
thereafter.
§ 21. Nothing herein contained shall be construed to ^.^"^^j'j^fg^"^'
confer on said association any banking powers or privileges.
The stock holders herein shall be responsible in their indi-
vidual property in double the amount of their stock, to
make good all losses to depositors or others, and no assign-
ment of their stock shall release them from said liability
until after the fact of such assignment and name of the
person to whom made, and the amount of said stock shall
have been advertised in some public newspaper printed
in the county where this corporation is doing business and
located for the period of three months. This act shall be
void unless said company shall organize and proceed to busi-
ness within two years after the passage hereof. The said
company shall be subject to the provisions of any law
hereafter passed on the subject of banking, trust or deposit
companies.
§ 22. This act shall be deemed a public act and take
effect from and after its passage.
Approved March 7, 1867.
852
COMMERCIAL CORPORATIONS.
[n force Feb.
•21, 1867.
Name.
Rules, etc.
AN ACT to incorporate the East St. Louis Board of Trade.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assem'bly^ That Earnest
W. Wider, John O. Butler, B. B. George, Samuel W.
Tooraer, Wm. G. Kase, G. H. Bender, Kobert McCracken,
Solon Stark, J. L. Faucett, John Eidman, Nicholas Span-
nagel, Leonard Lohrer, Luke H. tlite, and such other per-
sons as are now or may hereafter become associated with
them, are hereby created a body politic and corporate,
under the name and style of the " East St. Louis Board of
Trade," with all the powers and privileges, and subject to
all the restrictions of the Chicago board of trade as now
created by law.
§ 2. That the rules, regulations and by-laws of the
existing board of trade of which the above named E. W.
Wider is president shall be the rules and by-laws of the
corporation hereby created, until the same shall be regularly
repealed or altered, and that the present officers of said
association, known as the " East St. Louis Board of
Trade," shall be the officers of the corporation hereby cre-
ated, until their respective offices shall regularly expire or be
vacated, or until the election of new officers.
§ 3. This act to take effiict from and after its passage.
Approved February 21, 186Y.
In orce Febru-
ary 28, 186T.
AN ACT to incorporate the Belleville Board of Trade.
Section 1. Be it enacted By the People of the State of
Illinois, represented in the General Assembly, That Fred e-
corporators. rick H. Piepcr, William ±£. Linn, Charles W. Thomas,
Henry Abend, J. J. Esler, Herman G. Weber, D. H.
Murray, Joseph Hanses, Russel Hinckley, William Rempf,
Joseph Kirkpatrick, John King, William Kellerman and
J. B. Keutchler, and such other persons as may hereafter
become associated with them, are hereby created a body
politic and corporate, under the name and style of the
Name and style u Belleville Boai'd of Trade ;" with all the powers and
Powers, etc. privileges, and subject to all the restrictions of the Chicago
board of trade, as now created by law.
§ 2. This act shall be in force from and after its pas-
ige.
Approved, February 28, 1867.
COMMERCIAL COKPOKATIONS. 863
AN ACT to incorporate the Cbicanro Guarantee Association. In force March
^ " 9, 1867.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly , That there
shall be and hereby is established in the said city of Chica-
go, in said state, an association, to be known by the name
and style of the " Chicago Guarantee Association," with a Name andstyio
capital stock of two hundred thousand dollars, divided into capital stock,
shares of one hundred dollars each, which may be increased
at the will of the directors to any amount, not exceeding five
hundred thousand dollars, to be subscribed and paid for in
the manner hereinafter specified.
§ 2. Solomon A. Smith, Thomas Church, H. H. Magee, si^oek subscrip.
Samuel D, Ward, and William M. Larrabee. of said city, or
any three of them, are hereby authorized to open books of
subscription for the capital stock of said*association, in said
city, at such time and place as they shall think proper, after
giving ten days' notice of the same, in either of the daily
newspapers of said city ; said books to be kept open until
at least one hundred thousand dollars shall have been sub-
scribed. When the said amount of one hundred thousand
dollars shall have been subscribed, the said books may be
closed and the subscribers may, after five days' notice being
given by said commissioners, or a majority of them, in man-
ner aforesaid, meet and under the inspection of said com-
missioners or a majority of them, choose their directors, who Directors,
may. at any time after ten days' public notice given, cause
the subscription books to be re-opened, and continue open un-
til the whole or any less amount of said stock shall have
been taken.
§ 3. The subscribers of said stock, their associates, sue- Powers,
cessors and assigns, shall be and they are hereby declared a
body politic and corporate, by the name and style of the
" Chicago Guarantee Association," and by that name shall
be capable, in law, of contracting and being contracted
with, suing and being sued, pleading and being impleaded,
answering and being answered unto, defending and being
defended against, in courts and all places whatsoever, in
all manner of actions, suits, complaints and causes.
§ 4. The said corporation may have and use a common seai.
seal, which they may alter and change at pleasure ; and
the directors may make, establish and ordain such by-laws, By-iawg.
ordinances and regulations as shall, in their opinion, be
necessary to carry out the powers herein granted, and for
the good government and management of the affairs of
said association, and which are not repugnant to the laws
and constitution of this state and of the United States.
§ 5. The corporation hereby created shall have full B^u^|n«s ana
power and authority to become grantors or sureties for any
person or persons, firms or corporations holding or to hold
places of trust, and to this end may make, execute and de-
854:
COMMEKCTAL CORPORATIONS.
actions and
operations.
liver any bond or obligation to the United States or any-
state, and to corporations, associations, firms or individu-
als in such sums as may be agreed upon, to secure the
faithful performance of and duties of any officer or agent of
the United States or of any state, corporations or associations,
or of any agent, clerk or servant of any firm or individual ;
and may charge and receive therefor such compensation
as may be fixed by authority of the directors of the
corporation hereby created ; and to do all other acts and '
Business trans- things ncccssary and incident to the exercise of the powers
' granted by this act. The said corporation hereby created
shall also have power to loan any unemployed capital or
money on personal, real or other securities, at such rate of
interest as may be done under the existing laws of this
state, or invest the same in stocks and other corporate secu-
rities. They may also cause themselves to be insured and
re-insured against all or any risks they may have incurred
by virtue of the powers hereby granted. The said corpo-
ration may purchase, hold, sell and convey at their pleasure
all such real estate as may be deemed necessary for the
transaction of its business, and to take and hold any .real
estate or other property, mortgaged or pledged as security
for the payment of any debts due or to become due to it,
or for risks incurred in the exercise of the powers hereby
granted ; and also to purchase and sell by virtue of any
judgment at law or decree of a court of equity or any trust
deed or power of sale or otherwise, and to take and receive
any property in payment or towards satisfaction of any
debt due to, or risk assumed by said corporation, and to
hold the same until they cau conveniently or advantageous-
ly sell and convert the same into money or other property.
§ 6. The payment of the stock subscribed for shall be
made by the sulDscribers, respectively, at the time and in
the manner following, that is to say : At the time ot sub-
scribing there shall be paid on each share five dollars, and
the balance due on each share shall be subject to the call of
the directors, under such penalties as said directors may
appoint and order, all shall be secured to be paid on de-
mand or otherwise as the said directors shall direct, by ap-
proved notes, hypothecated stocks, mortgages on real
estate or other satisfactory security.
§ 7. All the corporate powers of said association shall
be exercised, performed and conducted by a board of di-
rectors, consisting of nine persons who shall be stockholders.
They shall, after the first year, be elected on the first Tues-
day in February in each year, at such time and place in said
city of Chicago, as the board of directors for the time being
shall appoint, and shall hold their offices for one year, and
until others shall be chosen to supply their places. Ten
days' public notice of said election shall be previously given,
and the election shall be held under the inspection of three
stockholders to be appointed by the meeting for that pur-
Payment of
subscribed
stock.
Directors-
election of.
COMMERCIAL CORPOKATIONS. 855
pose, and sliall be made by ballot, by plurality of the stock
represented, allowing one vote for every share. Stockhold-
ers not personally present may vote by proxy, in writing
directed to the person representing them at each election.
In case that an election shall not be njade at the day when Failure to
pursuant to this act it ought to have been made, the said ^'®'"*
corporation shall not for that cause be deemed to be dis-
solved, but it shall and may be lawful on any other day to
make and hold an election of directors, in such manner as
may be regulated by the by-laws and ordinances of said
association.
§ 8. The directors of said corporation shall, as soon as may officers.
be after their election in each year, elect from their own
body a president and vice president, who shall each, respec-
tively, hold office during the aforesaid term, and until
others are elected ; and in case of the death or resignation
of the president, vice president or any director, the vacancy ^jfiJ^d."^ " '""'
may be tilled by the board of directors. In case of the ab-
sence of the president, the vice president, and in case of his
absence, a president j^ro tern., appointed by the board, shall
have all the powers and perform all the duties of the presi-
dent regularly chosen.
S y. ' The directors may, by the by-laws or ordinances of By-iaws and
• 1 • • 1 1 ^ . T . in ^- ordmances.
said association order what number ot directors shall consti-
tute a board or quorum, and be competent for the transac- Quorum.
tion of the business of the corporation, and they shall have
power, subject to said by-laws, to appoint from their own
body one or more persons to act and assist in the performance
of the business of the company, with such salaries and al- salaries.
lowances as they may think proper, and also to appoint a
secretary, treasurer and such clerks and other servants as cierks.
they may deem expedient, and shall have power to declare
and make dividends of the profits arising from the business
of said corporation. All certilicates and other instruments,
in writing, of said association shall be signed by the presi-
dent, (or in his absence, by the vice president,) and secre-
tary thereof.
§ 10. The stock of said corporation shall be considered ^propert'yr°'^s-
personal property and shall be assignable and transferable, signaWe' aua
i„„ J- X 1 1 J 4. • i.- L^ \ -I- transferable.
according to such rules and restrictions as the boara ot
directors shall, from time to time, make and establish.
§ 11. All guarantee bonds made by the association by "^^J^fJ^"'^^
virtue of the powers contained and granted in and by the fifth
section of this act, shall be subscribed by the president, or,
in his absence by the vice president or such other person as
may be authorized by the by-laws, and countersigned and
sealed by the secretary of said association; and all losses Losses arising
arising under any bond so subscribed and sealed may be
adjusted and settled by the board of directors or such other
person or persons as the board of directors may appoint for .
such purpose.
856 COUNTIES.
Expenjes-how § 12. TliG expensGS incuiTed by the commissioners in
paid. executing t)ie duties required by this act shall be paid out
of the moneys received by them of the subscribers to the
capital stock, and may be retained b}'' them for that pur-
pose, and the balance so received shall be paid over to the
directors as soon as they shall have been chosen.
Lessening of g 13. Jn casG of any loss or losses whereby the paid
capi a stoc w gj^pjj.^1 g|-Q(j|, Qf g^j^ company may be lessened before all the
installments are paid in, each proprietor or stockholder's
Liabilities of estato sliall be held accountable for the installments that
stocR oi CIS. ^^^^^^ remain unpaid on his share or shares at the time of
such loss or losses taking place. And no subsequent divi-
dend shall be made until the sum arising from the profits
of the business, or by payments by stockholders sufficient to
make good said capital stock, shall have been added thereto:
Proviso. Provided, that the stockholders shall not be individually
liable beyond the amount of the stock, at par value, held by
them respectively.
^bu's?n*'» § ^'^' The business of the association shall be carried on
at such place in said city of Chicago as the directors shall
direct.
Time of organ i- § 15. This charter shall be void and of no effect unless
zation limited, the associatiou shall organize under it and agreeably to its
provisions within live years from the passage of this act,
and this act shall take effect and be in force from and after
Term of charter jj.g passage, aud shaU coutince in torce for the term of iifty
years; and after the expiration of the time for which the
said corporation is created, it shall be lawful to use the cor-
porate name, style and capacity for tiie final settlement and
liquidation of its affairs and accounts in all cases and for
the sale and disposition of its estate, real and personal.
ArPKovED March 9, 1867.
In force Febru- AK ACT to authorize the inhabitants of tlie various townships of Fulton
ary ■22, 1S6(. county to subscribe to the stoclc of railroad cuiupanics in said county.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assemhly, That the
Powers and oh- various towusliips ill the county of Fulton are hereby
tlfwnships. ° authoi'ized to subscribe for shares of stock in any railroad
company whose track or road-bed shall be located in said
county, in any sum not exceeding thirty thousand dollars,
by any one oi" said townships, wliich stock so subscribed,
shall be under the control of the supervisor, assessor and
town clerk, or any other person or persons, that they, or a
majority of . them may duly appoint, in all respects as stock
subscribed by individuals, who shall hold the same for the
benefit of the school fund of the respective townships.
COUNTIES. S57
§ 2. That for the payment of stock so subscribed, the indebteduess.
said supervisors of the respective townships are hereby
authorized and required to issue bonds of said township to
said railroad companies, at par, in the sum of one hundred
doHars each, bearing interest at the rate of ten per cent, per
annum, payable annually, with interest coupons annexed
and executed by the supervisors of the respective town-
ships and countersigned by the town clerk, to an amount
not exceeding thirty thousand dollars, and to pledofc the
faith of said townships for the annual payment of the in-
terest and ultimate redemption of the principal, which
bonds may run any period, not exceeding fifteen years.
The avails of said bonds, when so issued, sliall be applied
by the directors of said railroad company or companies, in
the finishing and completing the road-bed, tying and iron-
ing the same, and for no otlier purpose.
§ 3. That before the stock aforesaid shall be subscribed, ^^^'^/i^i'^lJ^^®*^'
an election shall be held in the respective townships to as-
certain whether the citizens of said township are desirous
that said subscription shall be made, which said election
may be held at any time within five years from the passage
of this act, and shall be called by the supervisor of said
township, on the written request of twelve freeholders, who
shall be legal voters of said township, by posting notices in
at least five public places in said township ten days before
said election, stating the time, place and object of such elec-
tion, and the returns thereof made as is now provided by
law for the annual election of town officers.
§ 4. At the election to be held under this act, the vote
shall be taken by ballot, upon which shall be printed or
written, or pai'tly printed and partly written, " For the rail-
road " or "Against the railroad," and if it shall be found
that a majority of the legal voters of said township voting
upon the question, have voted for the railroad, then the sub-
scription to the stock, as aforesaid, shall be made and bonds
issued as hereinbefore provided.
§ 5. If a majority of the votes /;ast at the election held '^^fj^jj^^jf^ °°°'
under this act shall be "For the railroad," then the board "°°^ ^'
of supervisors, of the county of Fulton, shall levy a special
tax upon all the taxable property in said township sutiicient
to pay the principal and interest on said bonds as they shall
become due, which tax shall be extended by the clerk ot
the county court, and collected by the collector of said
township at the same time and in the same manner that
the other tax of said township are levied and collected, wntli
the same rights, powers and remedies to enforce the collec-
tion of said tax, by the sale of property or otherwise, as is
now provided for the collection of other taxes for revenue
and other purposes, and, when collected, the collector fehall
pay the same over to the sujiervisor of said township, who
shall pay the same to the legal holder or holders of said
858 COUNTIES.
Supervisor to boiicls at maturity : Provided^ That said supervisors, before
giye bonds. i-gceiviiig Said tax, shall, in addition to the bond now pro-
vided by law, give an additional bond, with good and suffi-
cient security, in such sura as shall be fixed by the board of
town auditors.
§ 6. This act to be in force from and after its passage.
Approved February 22, 1867.
In force Febru- ^^ _^CT to legalize the sales and conveyance of swamp and overflowed
^^^ -^.186,. j^j^^^g jj^ ^jjg county of Crawford.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That all sales,
Sales of swamp grants and conveyances heretofore made or executed by the
lands. county court of said county of Crawford, or by the drain-
age commissioners, clerks of the county court of said county,
or other person or persons in pursuance of the order or
authority of said court, of lands granted as swamp or over-
flowed lands, to the said county of Crawford, by the state of
Illinois^ be and the same are hereby made and declared to
Declared valid, be valid and effectual both at law and in equity for the full
and complete transfer, conveyance and assurance of all the
right, title and interest of the said county in and to said
lands unto the respective purchasers and grantees aforesaid
thereof, their heirs and assigns forever.
§ 2, This act shall be taken as, and is declared to be, a
public act, and shall take effect from and after its passage.
Approved February 20, 18 07.
In force Febi-u- AN ACT to enable the people of Dc Kalb county to relocate the county
ai-y 1.-, 1S07. seat and erect public buildings.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Elections -vote qualified voters of the county of De Kalb, at the time and
upon e.stablisli- J ,. i i t . "^ ,. , i . . r..
ing half shire placc ot holding town meetings lorthe election or town oiii-
towns. ^g^,g^ ^^ T^^ j^^l^l .^^ ^j^^ several towns on the first Tuesday of
April, A. D. 1867, are authorized to vote upon the proposi-
tion to create and establish two half shire towns, which shall
thereafter be the seat of justice for said county, which half
shire towns shall be the town of Sycamore and the town of
^ioti"ng' ^^ Sandwich in said county ; the vote to be by ballot, each
voter's intention to be defined by the words — " For reloca-
tion of county seat at Sycamore and Sandwich," or "against
COUNTIES. 859
relocation of county seat at Sycamore and Sandwich," and
the said vote shall be ascertained by the officers of said elec-
tion, according to the provisions of the general election law :
Provided, that no new registration of voters shall be neces- Proviso,
sary for said election other than that made, corrected and used
at the last general election which may be used: Provided,
further, that any legal voter, whose name does not appear
upon said registry, may tile the proper affidavit as provided
by law, and vote at said election. The officers of said elec-
tion shall in addition to the town clerk and moderator, as
provided for at town meetings, consist of the supervisor and
collector of the several towns, and also an additional clerk,
who shall severally be sworn to perform the duties of their
respective offices, the same as at general elections, or in
case of the absence or inability of either of said officers to
serve upon said board of election, the voters present at the
opening of said election may select any other legal voter
or voters present to act as judge or judges ot said election
in the place of those designated. Said board shall receive
for their services a per diem the same as at other elections,
out of the county treasury.
§ 2. The result of said election in the several towns ^^^"-^'^^ «"«s'-
shall be ascertained in the usual manner and be properly
attested by the board of said election, as well for town
officers as for and " against relocation" And the result of
said vote " for relocation" and " against relocation" sha]J be
returned to the clerk of the county court by one of said
board of election within four days after said election. And
the votes of the several towns when so returned shall be
canvassed in the same manner as now provided by law in
the case of election of county officers, the resuU of which
canvass shall, by the clerk of the county court" be spread
upon the record of the board of supervisors and also by him
to be duly certified to the secretary of state.
§ 3. If a majority of the votes of said county so cast ^I'^^'^^^l^l^^^
shall be" for relocation" of county seat at Sycamore and Sand-
wich as aforesaid, then said county clerk shall immediately
notify William Patten, Robert Hampton and W. L. Sim-
mons of said county of the fact, which said William Patten,
Robert Hampton and W. L. Simmons are hereby constitu-
ted and appointed commissioners to select the place for and
to superintend the erection of public buildings, at and with-
in the corporate limits of the town of Sandwich. And
when they shall have selected such location, they shall cause
a map of the same to be made and filed, together with an
abstract of the title to said lands, so mapped, in the office
of the clerk of the county court, which said lands said
coBimissioners are authorized to purchase for, and in behalf
of the county, for a sum not exceeding one dollar and
the title to said lands, together with the map shall be record-
ed in the recorder's office of said county. ,
860
Use of public
buildings.
Court house.
Duties of county
officers.
§ 4. The present public buildings at Sycamore, shall be
used as a half shire for the northern towns, of said county, as
hereinafter provided and whenever any number, not less
than live responsible citizens of Sandwich or the town of
Soraonauk, shall enter into bonds with said commission-
ers for the use of the people of said county to be ap-
proved by the judge of the county court conditioned, that
without charge or expense to the county, they will erect or
cause to be erected, a suitable building or buildings on said
site, so selected and purchased by said commissioners, for a
court house with suitable offices, for the use and accommoda-
tion of the several county officers or their respective depu-
ties and finish and deliver the same to the county, ready
for public use on or before the tirst day of January 1S71,
and file the same in the office of the clerk 6li the county
court, said commissioners shall procure suitable temporary
rooms at Sandwich for holding courts and for the several
county officers who are required to hold offices at the coun-
ty seat, which said rooms shall be used until the public build-
ings shall have been completed and accepted, when said
public buildings shall thereafter be used for said purposes;
and whenever tiie public buildings, above provided for to be
erected, shall have been approved and accepted by said com-
missioners on behalf of the county, said bond shall be re-
leased.
§ 5. When the site shall have been located at Sandwich
and suitable rooms procured as aforesaid, it shall be the du-
ty of all the county officers who are now required by law
to reside at or hold an office at the county seat, except the
county treasurer, who shall hold his office at Sycamore, to
reside at or open and keep an office at Sandwich, either by
themselves or their deputy or deputies, to be by them ap-
pointed for that special duty, which deputies shall first, be
qualified for the duties of their several offices by filing a
bond for the same amount in the same manner, for the same
purpose that their said several principals by whom they are
appointed, are now required by law to file before entering
upon the duties of their several offices, and shall also take
the same oath of office, in the same manner as far as appli-
cable, as is now prescribed by law for said principal officers
to take, and shall be liable thereon to all the pains and pen-
alties that their said principals now are or may be, for any
and all neglect of the duties of the said several county of-
fices, and shall each respectively have all the right, power
and authority of their said several principals, to do any and
all acts, now required by law of their said several jninci-
pals as such county officers, and said principal shall be en-
titled to the same fees and emoluments of office, as now are
or may hereafter be allowed by law, for all business done
at either half shire town.
COUNTIES. ■ , 861
§ 6. The several county officers who are now required opening of om-
by law to hold an office at the county seat, except the ^^^'
county treasurer, shall by themselves or their deputies open
their several offices in Sandwicli within sixty days after
suitable buildings or rooms shall have been provided by the
said commissioners for them as aforesaid, and occupy them
temporarily until the court house or public buildings herein-
before provided for shall have been completed, when they
shall thereafter be held in said public buildings and shall
do and transact all such business for the six southern towns Transaction of
of said county at their Sandwich office, as said county offi-
cers are now required by law to do at Sycamore for the
whole county.
§ 7. The June term of the county court with its juris- Place of holding
diction extended under the act entitled "an act to extend ^°^^ ""
the jurisdiction of the county court of DeKalb county,
approved February 12, 1863, and the July term of said
court with its probate jurisdiction, and also the September
term of the circuit court for the year 1867, shall be held in
Sandwich in the rooms to be provided for that purpose, and
thereafter every succeeding term of said several courts shall
be held alternately at Sycamore and Sandwich : Provided^
that rooms for the use and accommodation of said several
courts shall be procured by the corporate town of Sandwich
without charge to the county until the county buildings shall
have been completed. Each of the four terms of the county
court with the extended jurisdiction to be held each year
shall be jury terms.
§ 8. The board of supervisors shall hold their meetings Meetings of^
and keep their records at Sycamore, and shall select from ^"p®"'*°*^'
the six southern towns of said county a sufficient number
of persons to serve as jurors at the several terms of said
courts to be held at Sandwich, and from the twelve north-
ern towns of said county a sufficient number of persons to
serve as jurors at the several terms of said court to be held
at Sycamore, including grand jurors for both terms of the
circuit court, such jurors to be selected summoned and em-
panneled as now provided by law : Provided^ that the Proyis*.
board of supervisors may at any time hold a called or
adjourned meeting at Sandwich.
9. All cases either at law or in equity, and all proceed- suita at law.
ings which now are or may hereafter be provided for by
law, may be commenced either at Sycamore or Sandwich.
But whenever a majority of the parties to such cause or
proceedings, residing within saia county of De Kalb, may
reside within the northerly twelve towns of said county,
when any such cause or proceeding shall have been com-
menced at Sandwich or may reside within the southerly six
towns of said county, when any such cause or proceed-
ing shall have been commenced at Sycamore, the venue in change of
such cause or proceeding shall on motion of any of the ^^'^'*^'
COUNTIES.
parties thereto, who may reside within said county be
changed to the other half shire respectively, unless the
other party shall oppose the same by filing an affidavit
showing to the court that some one or more of the reasons
for which the venue of a cause may now be changed from
one court to another, exist within the towns which compose
the half shire to which it is proposed to change the venue
of any such cause or proceeding, in which case the venue
shall not be changed. A change of venue may be taken
from Sandwich to Sycamore and from Sycamore to Sand-
wich, and from either to other courts and places by con-
sent of parties, and for the same causes that are now
provided for by law, and all judgments and decrees at Syca-
more, shall be liens upon the real estate of the party against
whom such judgment or decree may have been rendered
lying and being within the northerly twelve towns of said
county only, and all judgments and decrees rendered at
Sandwich shall be liens in like manner within tlie southerly
six towns of said county only.
^ 10. The board of supervisors of said county shall
procure two seals for each of said courts, one of which hav-
ing the name of the half shire town inscribed thereon, shall
be kept in the clerk's office of the respective courts at Syca-
more, and the other inscribed in like manner shall be kept in
the clerk's office of the respective courts at Sandwich, the
clerk of said courts respectively, either by himself or
his deputy aforesaid, shall be the keeper of i-aid seals,
and shall himself or by his deputy issue writs and pro-
cesses which shall be signed and tested in the name of the
clerk and sealed with the seal of the court for the half shire
town in which said writ or process is issued, and every such
writ and process so issued shall be returnable to the
office from which it issued, and said deputy clerk of
each of said courts shall have all the right, power and
authority to issue all papers and to do any and all business
pertaining to the duties of said office that said clei-ks now
or hereafter maj lawfully do as clerks of their respective
courts, and shall be entitled to the same fees for their ser-
vices for the use of their several principals, as such princi-
pals now are or hereafter may be entitled by law, and a
service of any notice or legal process upon said deputy in
any case in which it is necessary to have a service upon
said clerk or clerks pertaining to or growing out of said
office kept by said deputy.
§ n. The record of all deeds, mortgages and other
papers pertaining to or affecting the title to any real or
personal estate, which by law is a matter or subject of record
and lying within the six southern towns of said cuunty shall
be made and kept at Sandwich, and said record or coi)ies
thereof duly certified under the seal of his said office, by
said clerk or deputy, shall have the same force and effect
and may be used iu evidence in all courts and places what-
COUNTIES. 863
ever, the same as any and all public records of any county
in this state now are or hereafter may be used.
§ 12. AVhenever a sufficient fund is provided for that Specie! com-
• ^1 1, • IV -ij 1 • -1 missioneis.
purpose m the manner hereinaiter specified, or in any other
manner, it shall be the duty of said commissioners to ap-
point some competent person a special commissioner to
transcribe all such portions of the records of De Kalb county
as relates to lands lying within the limits of the six southern
towns of said county, who shall take an oath of office before
some person authorized by law to administer oaths, that he
will discharge the duties of his said office to the best of his
ability and make a full, true and complete transcript of the re-
cord of all deeds, mortgages and other title papers affecting
any lands or real estate lying within said six southern towns,
when said special commissioner so appointed shall have taken
said oath of office, he shall, on being furnished by the county
with suitable blank books for which he shall receipt to the
clerk of the county court first record in each book so
used by him, a copy of his appointment and also his oath
of office, and then proceed to enter into such books in their
proper order a copy of all such deeds, mortgages or other
liens or title papers of every description together with the
certificate of acknowledgment thereto affecting the title to
any lands lying within the limits of spid six southern towns
of said county which have been recorded in the recorder's
office at Sycamore, together with the time when all such
papers were filed in said office for record. For the purpose of
making the copies or transcribing the records aforesaid, the
said special commissioner shall have access to the records
of said office, at all such times as said office may be open
for business, but not so as to interfere with the ordinary duties
of the office. And there shall be allowed to said special com-
missioner for that service such sum as may be agreed
upon,[not exceeding four thousand dollars, to be paid out of
the fund to be provided for that purpose and paid quarterly
as said work progresses. "When said special commissioner
shall have completed his work, the same shall be deposited
in the recorder's office of Sandwich, and they shall there-
upon be taken and considered to all intents and purposes as •
books of record of all papers affecting the title to lands in
said six southern towns and copies of said papers duly cer-
tified under seal of office by the officer or deputy having
custody of said books of record, shall be deemed and taken
as evidence in all courts and places in the same manner
that copies ot record are evidence in other cases, and with
like effect.
§ 13. Whenever the words "at the court house in said ^^.o^rd's"^' at the
county" shall be found in any instrument of writing or of court house m
legal value, meaning the court house of De Kalb county, it ^" county,
shall be deemed and taken to mean at the court house of
the half shire town of that part of said county wherein the
land lies or property is referred to in said instrument.
364:
COUNTIES.
Vote upon levy-
Manner ol
voting.
Levying of
taxes.
Special funtl.
14. The legal voters of the town Somonank at any
general or regularly called special town meeting may
after due notice given as for the election of township officers
vote for or against levying a tax of not exceeding one per
cent, on all the taxable property in said town, for the pur-
pose of defraying the expense of erecting a suitable build-
ing or buildings for a court house and county offices at
Sandwich, said vote to be by ballot upon which shall be
written or printed, or partly written and partly printed,
"for taxation" or "against taxation." If it shall appear that
a majority of the voters voting on that question, shall have
cast their vote for taxation, the same shall be duly certified
to the clerk of the county court and board of supervisors,
and said tax shall be ordered by said board and levied and
collected as other taxes for town purposes are levied and
collected, and paid over by the collector of aaid town to the
supervisor, and by him be applied in defraying the expense
incurred in erecting said buildings.
§ 15. The legal voters of the six several southern towns
at any general or regularly called special town meeting
after due notice given as for the election of township offi-
cers, may vote for or against levying a tax of not exceed-
ing one-half of one per cent, on all the taxable property in
said town for the purpose of defraying the expense of tran-
scribing the records, as provided for in section twelve of
this act, said vote to be by ballot, upon which shall be written
or printed, or partly written and partly printed, "For tran-
scribing" or "Against transcribing." If it shall appear that
a majority of the voters voting on that question in any one
of said towns shall have cast their votes for transcribing,
the town clerk of each town having so cast a majority vote
shall certify the same to the clerk of the county court and
board of supervisors, and whenever it shall appear that all
of the several six southern towns shall have voted tor tran-
scribing, the board of supervisors, at their first regular Sep-
tember session thereafter, shall order the same to be levied
and collected as other taxes for county purposes are levied
and collected, and paid over by the collectors of the several
towns to the county treasurer, to beheld by him as a special
fund and subject only to the order of said commissioners
for the purpose of transcribing the records as hereinbefore
provided for ; and should any surplus remain, after pay-
ment of said special commissioner for such service, the
same shall be paid over to the supervisors of said six towns
for the use of the same, pro rata, according to the amount
raised by each : Provided, that it shall not be necessary
that the election for that purpose in the six several towns
shall be held on the same day : And provided, that if any
one or more of said towns shall vote against transcribing,
the supervisor of said town or towns shall, at any future
time or times, on request in writing, signed by at least
COUNTIES. 865
twenty legal voters of said town, call another meeting or
meetings to vote on that question : And also j^rovided^ fur-
ther^ that each of the said several towns may vote such tax
for the purpose of transcribing said records so far as the
same relates to said town.
§ 16. Public notice shall be given of said election for pubue notice o
and against relocating of county seat at Sycamore and Sand- elections,
wich, by the county clerk, in the newspapers published in
said county, and the town clerks of the several towns shall
cause a copy of said notice to be posted up in three of the
most public places in their several towns, stating specifically
the object ot such election, but notices of said election may
be published and put up in the said several towns by any citi-
zen of the county, as aforesaid, and if actually published and
put up in the said several towns by any citizen of the county,
as aforesaid, and if actually published and put up in the
said several towns, the same shall be deemed legal and suf-
ficient notice of said election : And provided also, that the
refusal of the publisher of any newspaper in said county to
publish said notice shall not render said election invalid.
§ 17. All acts or parts of acts which shall be i^ con- t^o^^t™jen^»s^
travention of this act, are hereby repealed. '^° srepea e^..
§ 18, This act shall be deemed a public act, and take
eftect and be in force from and after its, passage.
Appkoved- February jl2, 1867.
AN ACT to enable the county of Pope to construct county buildings. in force Febru-
ary 18, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That in case Borrow money,
the county court of Pope county think it expedient to bor-
row money for the purpose of purchasing a farm and erect-
ing a poor house thereon, or for building a jail for said
county, or for building a court house upon the public square
in Golconda, or for all or any one of the purposes aforesaid,
they may issue bonds of said county in the aggregate sum
of not more than thirty thousand dollars.
§ 2. That said bonds shall not be made to run for a Period of.
longer time than twenty-five years, and may be made re-
deemable at any time at the option of the county court of
said county, and shall bear not more than ten per cent, in- Rate of interest
terest per annum, payable semi-annually in New York, on
the first days of January and July of each year.
§ 3. That the county court of said county may levy a special tax.
special tax of not more than three mills on each dollar, per
annum, on the taxable property of said county, to be col-
Yol.I-76
SQ6
lected for the payment of the interest or principal of said
bonds.
§ 4. This act shall be taken and deemed a public act and
shall be in force from and after its passage.
Appkoved February 18, 1867.
InTorce March AN ACT to authorize the counties of Woodford, La Salle and Livingston
' '• and the townships, cities, incorporated towns and corporations in said
counties, to subscribe to the capital stock of any railroad company that
now is or hereafter may be incorporated in the state of Illinois.
Corparation
subscription.
Submitted
Section 1 . Be it enacted by the People of the State of
Illinois^ represented in the General Assembly, That the
counties of Woodford, La Salle and Liviugscon, and the
townships, cities, incorporated towns and corporations in
said counties, that now are or hereafter may be organ-
ized in said counties, may become subscribers to the capi-
tal stock of any railroad that now is or hereafter may be in-
corporated in this state, and may issue bonds for the amount
of such stock so subscribed with coupons for interest thereto
attached under such limitations and restrictions and on such
conditions as to them may seem right for the best interest
of said counties, townships, cities, incorporated town, or
other incorporation, any all or either of them, and the di-
rectors, of said railroad company may approve of the pro-
position for any such subscription, the same having hrst
been submitted to the le^ral voters of such county, town-
ship, city, incorporated town or other corporation, as
aforesaid, and approved by a majority of said legal voters,
who may vote upon the question and upon the application
of twenty legal voters and tax payers of any county, town-
ship, city, incorporated town, or of three members of any
corporation as aforesaid, specifyng the amount to be sub-
scribed, said amount not to exceed the sum of one hundred
thousand dollars, for any one such county, township, city,
incorporated tovvn or other corporation, to be subscribed for
any one railroad company (and the amount that any cor-
poration may vote to subscribe shall be left to said corpora-
tion, and the railroad company in which said corporation
takes stock) and the condition of said subscription shall be
Duties of clerks get forth in Said application, and it shall be the duty of the
clerk of any such county, township, city, incorporated town,
or other corporation, immediately to call an election by post-
ing up notices at least twenty days, in each township or vo-
ting place, in said county, if the vote is to be taken by a
county, or if by a township, then by the clerk of said town-
ship, in three of the most public places in said township,
or if by a city, at three of the most public places in said city
or if by an incorporated town, at three of the most public
places in said incorporated town, or if by a corporation,
Amount of sub
.scriptiou.
COUNTIES. 867
then at the usual places of holdino; elections in the state for
the election of their corporation officers. Said election shall
be held for the purpose of determining whether said county,
township, city, incorporated town or corporation, shall sub-
scribe to the stock of the railroad company, named in said
call and notices, and if a majority of said voters, voting at
said election, shall be for subscription, then the county
court or board of supervisors, having jurisdiction over the Duties of super-
county matters of said county, or the corporate authorities ^'®°''^-
of such city, incorporated town, or supervision of such
township, or the president of such corporation shall make
or cause to be made, said subscription to said capital stock
of said railroad company, and upon said subscription so vo-
ted, being accepted or received by the directors of said
railroad company, shall cause bonds to be issued in compli- Bonds to be
ance with said vote, which bonds shall in no case, bear a ISerest.^'*** °^
higher rate of interest than ten per cent, per annum, and
said interest shall be paid out of the treasaryof the county in
which any of the said townships, city, incorporated towns or
corporation shall be located, and said bonds shall not be for
a less amount than one hundred dollars, each of which said
bonds may run for a term of years not exceeding twenty:
Provided^ each county, township, city, incorporated town or Proviso,
corporation, may by their votes determine on what part of
said railroad their stock, so by them voted and subscribed, *
shall be expended and said bonds shall be accepted by said
railroad company, at their face or at par value.
§ 2. It shall be the duty of the clerk of any township, Reton of pou
city, incorporated town or other incorporation, to return
the poll book of said election, so held in such township, city
or incorporated town or other corporation, together with a
certificate of the result of said election, to the county olerk,
of the county or counties, in which said township, city or in-
corporated town or other corporation may be located, within
ten days after said election. And if a majority) of the legal vo-
ters of such county, township, city or incorporated town, shall
have voted for said subscription,then it shall be the duty of the
county clerk of each county in which any suf h town, city or in-
corporation town has voted such stock, to annually thereafter
cause to be computed and extended on the taxable pro- Taxable proper-
perty, both real and personal, returned by the assessor of ^^ extended.
each county, township, city, incorporated town, or other cor-
poration which have voted to subscribe for any such stock,
a sura sufficient to pay the interest on all such amounts so
voted and named in the bonds so issued by the respective
counties, townships, cities, incorporated towns or other cor-
porations, which tax shall be collected as other taxes, and
when collected, shall be paid into the county treasury as
other county taxes.
§ 3. It shall be the duty of said county treasurer to pay \ll^'"^'^^
out the same, on the presentation to him, of the bonds or
868
Elections and
voting.
COUNTIES.
bond so issued by any county, township, city, incorpora-
ted town or corporation, as aforesaid, the amount due on
each of said bonds, as interest, out of any money or moneys
in his hands for that purpose, and receive the interest cou-
pons fhen due, as vouchers for the same. He shall also
keep a separate account with each county, township, city,
incorporated town or corporation, which account shall at all
times be subject to inspection of all persons interested.
§ 4. At all elections for officers, or other questions to be
voted upon, by the stockholders, of said railroad corpora-
tions, in which said stock is taken, the chairman of the
boards of supervisors, the supervisors of said town, the mayor
of said city, the president of said incorporated town, and the
president of said corporation, or by proxy of either of the
aforesaid, shall represent and cast the votes which said
stock, so subscribed, is entitled to.
§ 5. It is further enacted, that no mistake in the giving
of the notice, or in the Canvass, or return of votes, or in the
issuing of the bonds, shall not in any way invalidate the
said bonds, so issued : Provided^ that there is a majority of
the voters at such election, in favor of such subscription.
§ 6. This act shall be deemed a public act, and shall take
effect from and after its passage.
Appkoved March 6, 186Y.
In force March
9, 1867.
AN ACT to create the county of Lincoln, and for other purposes.
Section 1. Be it enacted ly the Peojple of the State of
Illinois, represented in the General Assembly, That all
that portion of the counties of Yermilion and Champaign
lying and being within the following boundaries and de-
scribed as follows, to-wit: Beginning at the southwest
corner of section thirty-one (31), in township seventeen (17)
north of range t^n east, the same being in the said county of
Champaign; thence north to the northwest corner of section
thirty-one (31), in township eighteen (18) north of range ten
(10) east ; thence east to the northeast corner of section thirty-
two (32) ; thence north to the northwest corner of section
twenty-eight (28) ; thence east to the northeast corner of
said section twenty- eight (28); thence north to the north-
west corner of section twenty-two (22) ; thence east to the
northeast corner of said section twenty-two (22) ; thence
north to the northwest corner of section fourteen (14) ;
thence east to the northeast corner of said section fourteen
(14); thence north to the northwest corner of section one(l);
thence east to the northeast corner of section one (1), all in
township eighteen (18) north of range ten (10) east; thence
869
north on the range line between ranges ten east and eleven
east, to the township line between townships twenty (20)
and twentj^-one (21) ; thence west to the southwest corner
of section thirty-six (36), township twenty-one (21) north of
range ten (10) east ; thence north on the section line to
the county line, the same being the northwest corner of
section one (1), in township twenty-two (22) north of range
ten east ; thence east to the county line between the coun-
ties of Yermilion and Champaign, being the northeast cor-
ner of section four (4), in township twenty-two (22) north of
range fourteen (14) west ; thence east to the northeast cor-
ner of section four (4), in township twenty two (22) north
of range thirteen (13) west; thence south on section line to
the township line between townships twenty (20) and twen-
ty-one north of range thirteen (13) west ; thence east to
the northeast corner of section three (3), township twenty
(20) north of range thirteen (13) west; thence south on
section line to the county line, the same being the south-
east corner of section thirty four (31) in township seventeen
north of range thirteen (13) west ; thence west on county
line to the place of beginning, be and the same is hereby
created into a new county, to be called the county of Lin- New county.
coin : Provided, that a majority of all the legal voters Proviso.
for said counties of Yermilion and Champaign, voting on
the question, respectively, shall vote for said new county
at an election to be held in manner hereinafter provided.
§ 2. The qualified voters of said counties of Vermilion Election,
and Champaign may, at a special election, to be held in the
several towns in said counties, on the second Tuesday in Time
July next, vote for or against the creation of said new
county of Lincoln, by ballot, upon which shall be written
or printed, or partly written and partly printed, the words
"For the new County," or "Against the new County."
§ 3. The clerks of the county courts of the said counties Notice-iist
of Yermilion and Champaign shall give notice of said elec- ^°*®^"
tion in the several towns or election districts of said coun-
ties, in the same manner as notice of general or special
elections are given in other cases ; and the judges and
clerks of election in the several towns or election districts
of said counties shall keep a list of the votes polled at said
election, and conduct the same in all respects, and make
returns thereof to the clerks of the said county courts of the
said counties of Vermilion and Champaign, respectively,
and in the same manner as is provided by law for general
elections. All vacancies in the boards of election shall be
filled in the same manner as is provided by law in other
cases. The clerks of said county courts shall each, within canvassing.
ten days after said election, or as soon thereafter as said
returns shall be received, proceed to canvass the said returns
of said election, in the same manner as in general elections,
870 COUNTIES.
Time. and shall, within live days thereafter, make returns of said
vote to the secretary of state.
How voted. g 4, If it shall appear that a majority of all the voters
in said counties of Yermilion and Champaign, respectively,
voting upon the question, have voted in favor of the creation
of said new county of Lincoln, then there shall be held a
Election. Special election in the several towns or election districts
comprised within the limits in this act described for said
Time. new county of Lincoln on the first Monday in August next,
for county ofiicers. In case of fractional towns or precincts
which have become detached by the boundaries of the said
new county, the voters thereof may, at the first election for
county officers, vote within such town or precinct within
said new county as they may deem most convenient. The
said election to be conducted by the judges of election then
in office, under appointment or election, in said counties of
Yermilion and Champaign, and to ba held at the place or
places of holding the last general election. In case of va-
cancy in the board of election, or non-attendance, said
vacancy or place of any absentee shall be filled in the same
manner as is provided by law in other cases of elections at
which election the qualified voters of said new county of
Lincoln shall elect all county officers for said county, except
such as are hereinafter excepted, who shall be com-
missioned and qualified in the same manner as such
officers are in other counties in this state, and who
shall continue in office until the next general election for
such officers, and until their successors are elected and
qualified; and who shall have all the jurisdiction and per-
form all the duties which are or may be conferred upon
such officers in other counties of this state.
§ 5. All the justices of the peace, constables or
other town or precinct officers, who have been heretofore
elected and qualified in said counties of Yermilion and
Champaign, whose term of office shall not have expired at
the time of said election, and whose residence shall be em-
braced within the county of said county of Lincoln, shall
continue in office until their term of office shall expire and
until their successors shall be elected and qualified.
■^decidedr '^"^"^ § ^- ^o^" tl^6 purpose of fixing the permanent location
of the county seat of said county of Lincoln, the voters of
said county shall at said election for county officers, vote
for some place, to be designated upon their ballots, for a
county seat, upon which ballot shall be written or printed
or partly written and partly printed, the name of the place
intended for the county seat. The place receiving a major-
ity of all the votes cast upon the question shall be the coun-
ty seat of said county of Lincoln ; but if no one place shall
receive a majority of all the votes cast upon the question,
Election. then it shall be tlie duty of the county court of said county
'duainy^*^""' to call another election within thirty days thereafter, at the
COUNTIES. 871
several places of holding elections in said county, at which
election the voters of said county shall proceed to vote as
before, but shall choose from the two places having the
greatest number of votes at the former election, and the
place having the majority ol' all the votes cast at the second
election shall be the'perraanent county seat of the said coun-
ty of Lincoln,
§ 7. Notice of said election for county officers shall be Notice-how
given by the clerks of the county courts of Vermilion and °"'^"-
Champaign, respectively, in the same manner as in
cases of g'eneral elections. Said notice shall specify that a
vote will be taken upon the location of the county seat.
The returns of said election for county officers shall be
made to the clerks of said courts, who shall cause the same
to be opened and canvassed, and returns thereof made in
the same manner as is provided by law in other cases.
§ 8. All suits and prosecutions that have been or may Actions com-
be commenced in the said counties of Yermilion and Cham- '"^'^^■^'^•
paign including all matters in the county court, in matters
of probate before the organization of said county of Lincoln,
shall not be affected by this act, or the operation thereof, but
all such suits, prosecutions and proceedings shall be prose
cuted and conducted to their final termination, in the said
counties of Yermilion and Champaign and the officers of
said counties are hereby authorized to execute all writs that
may be necessary for the completion of said suits, prosecu-
tions, or proceedings within the limits of the said county of
Lincoln, and all judgments that may have heretofore been ob-
tained or that may hereafter be obtained in said counties of
Vermilion and Champaign before the organization of said
county of Lincoln, shall have the same lien upon all prop-
erty within the limits of said county of Lincoln as if the
said territory had not been created into a separate county.
§ 9. As soon as the county officers shall be elected and organized.
qualified as aforesaid, the said county of Lincoln shall be
considered organized. The oath of office may be adminis- Oath of office.
tered to the several county officers by any person within the
county limits of the new county authorized by law to ad- ■
minister oaths, and as soon as said county is organized the
clerk of the circuit court shall give notice thereof to the
judge of the circuit in which said county may be embraced ^ho"d|7''°^
who shall thereupon hold court at such place in said county
of Lincoln as the county court thereof shall designate un-
til the county seat of said county shall become permanently
located as heretofore provided, which court shall be holden at
such times as the judge of said circuit shall appoint until oth-
erwise provided by law ; and until otherwise provided by law
the said county of Lincoln shall be taken and considered as a
part of the twenty-seventh judicial circuit of the state of
Illinois.
872 COUNTIES.
School funds- § 10% TliG scliool fiinds if any in the hands of the school
°^ "^^^^ '^'^ ■ commissioners of the counties of Vermilion and Cham-
paign belonging to the several towns or parts ot towns em-
braced within the limits of said new county of Lincoln, sliall
be by said commissioners paid over to the school commis-
sioner of said county of Lincoln so soon as he shall have
given bond and been qualified on demand made.
GommispionGr's § 11. The couuty court of the said county of Lincoln
oath of office, ^-^^yi at some term of said court by an order to be entered
upon their records, appoint some competent person a com-
missioner for the purpose hereinafter expressed, who shall
take an oath of office before some officer of said county au-
thorized by law to administer oaths. Said court shall at the
same time provide a sufficient number of well bound blank
books and deliver the same to said commissioner who shall
execute a receipt therefor to the clerk of said court, and as
soon as the same shall be delivered to said commissioner he
shall record in each book a copy of the order of appoint-
ment and oath of office, and shall thereupon proceed to
transcribe into such books, all deeds, mortgages and title pa-
pers of every description with the acknowledgments and
certificates in relation thereto of lands lying in the said coun-
ty of Lincoln which have been recorded or may hereafter
be recorded before the organization of said county in the
recorder's offices of the said counties of Yermilion and
Champaign ; such commissioner shall be allowed by said
county court such sums as his services shall be worth, to be
paid out of the county treasury, said commissioner shall
note at the end of each paper he shall transcribe, the book
and page from which the transcript shall be taken, and shall
make a correct double index of said records, and on the
completion of his duties said commissioner shall return said
books to the clerk of the circuit court of said county of Lin-
coln, whereupon they shall be taken and considered to all
intents and purposes as books of records of deeds, mort-
gages, and title papers for said county of Lincoln, and copies
of said records certified by the officer having the custody of
' the same, shall be evidence in all courts and places in the
same manner that deeds and title papers regularly recorded
in the recorder's office are evidence, and with the same ef-
fect.
Swamplands. § 12. Of the swamp hmds lying withiu the prcsciit lim-
its of the counties of Yermilion and Champaign, and of
the proceeds of sales of said lands heretofore made and
which may hereafter be made before the organization of the
said county of Lincoln after deducting all expenses paid by,
and ft)r which the said counties of Vermilion and Cham-
paign may be liable, the said county of Lincoln shall receive
and be entitled to a share in proportion to the number of
congressional townships and parts of townships lying within
the boundaries of the said county of Lincoln, and the shares of
COUNTY INDEBTEDNESS.
873
the said counties of Vermilion and Champaign, respectively
to said lands andproceeds of sales thereof as aforesaid, shall be
in proportion to the number of congressional townships and
parts of townships remainins; within the limits of each of said
counties after the said county of Lincoln shall have been
organized.
^ 13. The secretary of state shall forthwith furnish to secretary of
the clerks of the county courts of the said counties of Yer-
niilion and Champaign, certitied copies of this act.
§ J 4. This act shall take eifect and be in force from and
after its passage.
Appkoved March 9, 1867.
AN ACT relating to the county of Adams and city of Quiucy. In force IMarch
8, 1867.
Section 1. Bo it enacted hy the People of the State of
Illinois, represented m the General Assembly^ That for the Payment of
year eighteen hundred and sixty-seven, and thereafter from ses-amoum""
year to year, the city of Quincy shall pay the county of {'/~^'{'_^^ *^"'"
Adams, as its equitable proportion of county expenses, the
sum of three thousand dollars, and the same shall be col-
lected and paid over as follows : The county clerk shall an-
nually estimate and extend in the collector's books for col-
lection of state taxes within the city, an adequate per
centum to pay said sum in like manner as the state tax is
estimated and extended, and the same shall be collected with
and in like manner as state taxes within the city, and paid
into the county treasury : Provided^ if prior to such esti-
niate and extension the city shall exhibit and iile with the
county clerk the receipt (given to the city) of the county
treasurer for said sum for the current year, the county clerk
shall not make such estimate and extension, and in no other
respect is any law relating to the city of Quincy or to the
relations of the said city to the county of Adams changed or
affected by this act.
§ 2. The county of Adams is empowered to increase ^counljM^vy!^^!
the county levy for ordinary purposes of the county to not
exceeding seven and one-half mills on the dollar in any one
year. This act shall take effect from its passage.
Approved March 8, 1867.
S74
COUNTY INDEBTEDNESS.
In force Feb'y AN ACT to authorize the board of supervisors of Lake county to make
1S67
appropriation in aid of the "Luke County Soldiers' Monument Asso-
ciation."
Section 1. Be it enacted hy the Peojple of the State of
Amount of. lUinois, Te])resented in the General Assembly^ That the
board of supervisors of Lake county are hereby authorized
objeot of. at any regular or special term or session thereof to appro-
priate out of the county funds a sum not exceeding two
thousand dollars to aid the Lake County Soldiers' Monu-
ment Association in the construction and erection of a
monument to the memory of Lake county's soldier dead;
§ 2. This act shall take effect and be in force from and
after its passage.
Appkoved February 13, 1867.
In foroe Feb'y AN ACT to authorize the county of Richland to issue bonds and to levy a
' '^^ tax for the purpose of building a court house in said county.
Section 1. Be it enacted hj the People of the State of
Vnhia o[ bonds. Jilij^oig^ represented in the General Assembly, That the
board of supervisors in the county of Eichland are hereby
authorized and empowered to issue bonds of said county,
not to exceed in value the sum of $75,000, which said bonds
When payable, shall be payable in not less than one nor more than twenty
Rate of interest, ycars, and bear interest at a rate not exceeding ten per cent.
per annum, and to levy a tax on all the taxable property in
said county to raise funds to liquidate said bonds and the
Purpose of. interest thereon, for the purpose of building a court house
on the site occupied by the present court house in the
county of Eichland. Said board of supervisors may, at
their discretion, in lieu of issuing bonds as aforesaid, levy a
tax on all the taxable property in said county, not to exceed
fifty cents on the one hundred dollars, per annum, until the
sum of seventy-five thousand dollars be raised for the pur-
'^'^^- pose aforesaid. No bonds shall be issued or tax levied as
aforesaid, unless a majority of all the supervisors of said
county shall vote thereon.
Collection of. ^^^ 2! All taxcs that may be levied, as aforesaid, shall be
collected at the same time, in the same manner and l)y the
same officers who may collect the revenue for state and
county purposes, and the laws now in force and applicable
to the collection of the taxes provided by this act.
§ o. This act is hereby declared a public act, and shall
take effect from and after its passage.
Approved February 9, 1867.
COUNTY INDEBTEDNESS. • 875
AN ACT to authorize the board of supervisors of the county of Woodford In H^^.F^^''^
to borrow money for the purpose of buying a poor farm, and to provide '
for the payment of the same.
Section 1. Be it enacted hy the People of the State of
liUnois, rejpresented in the General Assembly, That the Amount of.
board of supervisors of the county of Woodford be and
they are hereby authorized and empowered to borrow any
sum of money, not exceeding twenty thousand dollars
($20,000), to be used in paying for and improving a farm
to be used by said county in taking care of the paupers of
said Woodford county.
§ 2. That the said supervisors are hereby authorized to special tax.
cause a special tax, not exceeding two mills on the dollar, to «
be levied on all the taxable property of said county an-
nually for the purpose of paying the interest and principal Purpose of.
of said sum of money so borrowed.
§ 3. This act to be deemed a public law, and to take
effect from and after its passage.
Appeoved February 9, 1867.
AN ACT to authorize Morgan county to borrow money and issue her bonds In lorcc Jan.
therefor. ^^' 1^67.
Whekeas, the people of the county of Morgan, in the Preamble,
state of Illinois, are desirous of having located within said
county the agricultural and mechanical college provided for
by the act ot congress donating for the endowment of the
same four hundred and eighty thousand acres of public
lands. And whereas, the said people desire to offer to the
state inducements for such location ; therefore, for the pur-
pose of enabling said people to so offer two hundred thou-
sand dollars ($200,000) for the purpose aforesaid.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That on any ^g®''^?^^ ^\^2^.
day that the county court of said county, at any regular or tion.
special term thereof, called for that purpose shall order, an
election may be held in said county by the legal voters
thereof at the usual places of holding elections in said county,
for the purpose of determining whether the people of said
county shall be taxed to raise the aforesaid sum of money
for the purpose aforesaid.
§ 2. The officers of general elections in said county shall ^^uS.*"^ *'°°'
attend said election and hold and conduct the same accord-
ing to the laws of this state in case of elections of county
officers, and said election shall in all respects be conducted
as is provided by law for such election of county officers:
county court.
876 COUNTY INDEBTEDNESS.
Proviso. Provided^ the notices of said election may be issued twelve
days only before said election, and posted up ten days only
before said election : And jprovtded, that the registry of
voters made for the last general election shall be taken and
used for said election, and that no new registry of voters
shall be required for said special election.
Form of ballots. § 3. The ballots uscd in said election shall be in the fol-
lowing form, those in favor, " For the college location tax ;"
those opposed, "Against the college location tax." And the
officers ot said election shall make their returns in manner
and time, and the clerk of the county court of said county
shall canvass said returns and open and count the votes cast
at said election as_is provided by law in case of elections of
county officers.
'l'!!,!lT.l*L,'^!f § '^' ^"^ ^^^® ^ majority of all the legal votes cast at said
election shall be in favor of said tax, and in case the state
or persons authorized to locate said college shall accept said
offer and locate the college in Morgan county, then to raise
said sum of money, the county court of said county is
hereby authorized and empowered to borrow said sum of
two hundred thousand dollars ($200,000), and to issue
bonds of said county therefor, in sums of not less than one
thousand dollars each, bearing an annual interest not ex-
ceeding ten per cent, per annum, and becoming due in some
period fixed by said court, not exceeding twenty years from
their date; and said bonds to be negotiated at not less than
their par value. Or if said court shall so elect, instead of so
borrowing said sum of monej^, they may issue the bonds of
said county to the amount of two hundred thousand dol-
lars ($200,000), of like character in all respects as those
above described, payable to the order of the board of trus-
tees of said college,
'^^'J^^s-appiioa- g 5^ To provide for the annual interest on said bonds
and to create a fund for the payment of the same at their
maturity, or before, should the holders thereof be will-
ing at any time before maturity to accept paj'ment of the
same, the said county court are hereby authorized and em-
jiowered and required to levy a tax upon all the taxable
]jroperty in said county, not exceeding in any one year two
dollars upon each one hundred dollars of assessed valuation
of said property; and said tax shall be levied and collected
as is by law required for the levy and collection of other
taxes, except that the fees of collectors and other officers
who shall collect or receive said tax, shall be only one-half
of the fees or rate per cent, allowed by law for the collec-
tion or receipt of other taxes for county purposes ; and said
tax, when collected, and as collected, shall be applied spe-
cially to the purposes for which the same is by this act au-
thorized to be levied and collected, and to no other purpose
whatever; and shall, for greater certainty, be designated
COUNTY INDEBTEDNESS. 877
upon the books of the collector and treasurer of the county
as the agricultural and mechanical college tax.
§ 6. The said sum of money, if so borrowed, shall, Disposition of
within sixty days after the said college is located in said rowetf.
county of Morgan, and the county court thereof is officially
notiiied of such location, be paid over to the treasurer of
said college upon the written order of the board of trustees
of said college, and said court shall take a receipt therefor;
and in the event that said county court elect to issue the
bonds of the county for the amount of the sum aforesaid,
payable to the order of the board of trustees of said college,
as hereinbeibre provided, the same shall be delivered by
said county court within sixty days after said college is lo-
cated in said county, and said court is officially notified of
the fact of such location, to the said board of trustees of said
college, upon their written order, and said court shall take a
receipt therefor.
§ 7. This act is hereby declared to be a public act and
shall take effect and be in force from and after its passage.
Approved January 20, 1867.
AN ACT to authorize the board of supervisors of McDonough county to In force Fehra-
make an appropriation in aid of the Soldiers' Monument Association. *''y ^^' ^^"^^^
Section 1. Be it enacted hy the People of the State of
Illinois^ rejpresenied in the General Assembly, That the Amaunt of.
board of supervisors of McDonough county are hereby
authorized, at any regular or special term or session thereof,
to appropriate out of the county funds a sum not exceeding
two thousand dollars, to aid the Soldiers' Monument Asso-
ciation in the construction of a monument to the memory
of the soldiers of said county who fell in war against the
rebellion.
§ 2. This act to be in force from and after its passage.
Approved February 18, 1867.
AN ACT to amend an act, entitled " An act to authorize the Board of su- In force Feb'y
pervisors of Kendall county to borrow money." l^> ^^^'•
Section 1. Be it enacted hy the People of the State
of Illinois, rei^resented in the General Assembly : ■ That Act approved
an act entitled "An act to authorize the board of super- f8l;5yamendJd:
visors of Kendall county to borrow money," approved
February 14tb, 1865, be so amended that the board of
878 COUNTY INDEBTEDNESS.
supervisors, of said county of Kendall may cause a tax, not
exceeding two cents per annum on the dollar, to be levied
on the taxable property of said county, and collected for the
purpose of meeting the interest and principal coming due
on the bonds authorized by said act, each and every year un-
til the same are fully paid.
§ 2. This act shall take effect and be in force from and af-
ter its passage.
Approved February 18, 1867.
En force FeL'y AN ACT authorizing the county of McLean to issue bonds for the purpose
1'^' 1^^^« of building a courthouse.
Section 1. Be it enacted hy the Feople of the State of
Illinois^ represented in the General Assembly, That for
Special tax. the purpose of erecting a suitable court house and county
buildings, in and for the county of McLean, the board of
supervisors of said county are hereby authorized to levy a
special tax of five mills on the dollar, or so much thereof
as shall be necessary for said purpose, for the term of five
years, upon all the taxable property in said county, to be
levied and collected as other county taxes are levied and col-
lected.
Bond^-amount § 2. Said board of supervisors are hereby further au-
whcQ payable, thorizccl, if they deem expedient, to issue bonds for said pur-
poses, for a sum not to exceed two hundred and fifty thou-
sand dollars, in sums of not less than one thousand dollars,
payable out of the revenue arising from said special tax, in
one, two, three, four and five years, with interest at the rate
not to exceed ten per cent, per annum.
Execution of. § 3. Said bonds shall be executed in the name of said
county, signed by the clerk of said county court, with the
seal of said court aifixed and countersigned by the treasurer
of said county.
Act in force for § 4. This act sliall take effect from after its passage, and
ten y^rs. g|^g^|| |^g -^^ forcc and effect hereafter for the space and term
of ten years.
Appkoved February 18, 1867.
tn force Fe.b'y AN ACT to authorize the county court of Macoupin county to borrow
18, 186T. money, issue bonds, and levy taxes, to raise money to erect a new court
house, in the city of Carlinville, in said county.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That for the
Purpose. purpose of erecting a new court house in the city of Carlin-
ville, in the county of Macoupin, on block number six, in
COUNTY INDEBTEDNESS. 870
Edwards, Smith and McAfee's addition to the town of Car-
linville, on the east, being the property purchased for county
purposes, and to raise money to liquidate all indebtedness
that may accrne in building such court house, the county court
of said county of Macoupin be and is hereby authorized to
borrow money, in one or more loans, the total of which shall
not exceed the sum of fifty (50) thousand dollars, and issue Amount oi.
bonds of said county for such purpose. Which said bonds issue bonds
shall be drawn for such sums and made payable at such
times and places as said court may designate, and shall bear
interest at a rate not exceeding ten per centum per annum, Rate of interest
to be paid annually or semi-annually, at the option of said
county court. Said bonds shall be signed by the county
judge and countersigned by the county clerk, under the seal
of said court.
§ 2, That the county court of said county be and is special tnx.
hereby authorized to levy a special tax upon all the pro-
perty, personal and real, in said county, not exceeding five
mills on one dollar per annum, for the purpose of liquida-
ting such bonds, and paying the interest thereon ; which
said tax shall be collected at the same time, in the same
manner, and by the same officers who may collect the re-
venue for state and county purposes ; and the laws now in
force for the collection of state and county taxes, shall be in
force and applicable to the collection of the taxes provided
by this act.
§ 3. This act is hereby declared to be a public act, and
shall take effect and be in force from and after its passage.
Appkoved February IS, 1867.
AN ACT to legalize the action of the board of supervisors of the county of in force March
Effingham, and to provide for the payment of bonds and interest onthe 4, 1867,
same, issued by order of the said board of supervisors.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General AssemUy^ That the Action of board
action of the board of supervisors of the county of Effing- ^^^ff^ ^fJ^J^'-
ham, on the 10th day of February, at the special February '' '"^^ ^"^ '
term, a. d. 1865, authorizing the issuing of county bonds to
volunteers, to fill the quota of soldiers of the county of Effing-
ham, under the call of the president of the United States, be
and the same is hereby legalized ; and that the bonds issued
under the order of the said board of supervisors, at said
special term, shall be valid in law, and binding upon said
Effingham county.
§ 2. That all levies made by said board of supervisors Levies valid.
for the payment of said bonds, or any interest due thereon,
SSO C(>UNTT INDEBTEDNESS.
be and the same is hereby legalized and shall be valid and
binding in law.
Liens. § 3. That all levies that have heretofore been made, or
that shall hereafter be made by the board of supervisors of
said county, shall be a lien on all the real and personal
property of said county, and the same shall be collected
as other taxes, and be snbject to the same rules and regu-
lations.
Judgments. § 4, That all real estate on which said taxes may have
been levied, judgment obtained for non-payment of taxes
due thereon and sold and certificate issued thereon, be and
the same is hereby legalized and shall have the same force
and eftect as other tax sales.
§ 5. This act shall take effect and be in force from and
after its passage.
Approved March 4, 18 67.
In force March AN ACT to authorize the county court of Alexander county and the city of
5, 1867. Cairo, to make subscriptions and issue bonds therefor in certain cases
therein named.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly, The city of
Authority to Cairo and the county of Alexander^ in this state, are hereby
sha?esTf severally authorized to subscribe for or purchase shares of
laiiiead stock. ^Yiq capital stock of any railroad company created under the
laws of the state of Missouri, or of the state of Kentucky,
whose railroad or railroads shall terminate or commence at
any point or points in said state or states opposite to said
city of Cairo, in any sum which the city council of said city
of Cairo or the county court of Alexander county shall sev-
erally determine ; and the stock so subscribed for or pur-
chased shall be severally under the control of the said city
council or county court making such subscription or pur-
chase in all respects as stock owned by individuals.
Bonds issued § 2. That for the payment of such stock the judges
for payment of. q^- ^j^g county court are authorized to issue the bonds of the
said county, and the city council of said city are authorized
to issue the bonds of said city, in such amounts, payable at
such times and places, and bearing such interest, not ex-
ceeding ten per cent, per annum, as said council or the
judges of said county court shall determine.
8ubs«npiions ' § 3. No such subscriptiou or purchase shall be made by
rMii!e°d by vote. Said city or county unless a majority of the qualified voters
of said city or county, as the case may be, shall vote for the
same ; and the judges of the county court or the city coun-
cil of said city desiring to take stock, as aforesaid, shall give
at least thirty days' notice in the same manner as notices
COUNTY INDEBTEDNESS. 881
are given for the election of state or county officers in
said county, requiring the electors of said county or city to
vote upon the day named at their usual place of voting, for
or against the subscription for said capital stock which
they propose to make, and said notices shall specify the com- Notice of eiec-
pany in which stock is proposed to be subscribed, the *'°°'
amount which it is proposed to take, and the time which
the bonds proposed to be issued are to run, and the interest Manner of
which said bonds are to bear ; and the opinion ot the elec- noting,
tors shall be expressed upon their ballots "for subscription" Formofbaiiots.
<yr "against subscription," and counted and returned by the
judges and clerks of said election as in other cases. And if a
majority of the voters of said city or county voting for or
against said subscription shall be in favor of the same, such
authorized subscription or purchase, or any part thereof,
shall then be made by said judges or said city council.
§ 4. This act shall be in force from and after its passage.
Approved March 5, 1867.
AN ACT to enable the county of Warren to levy taxes and borrow money in force March
for the purpose of building a court house and jail in said county. 7, 1867.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly That the board Bate of,
of supervisors of the county of Warren be and they are
hereby authorized and empowered at any regular or stated
meeting of said board of supervisors to order a tax to be
levied and collected upon all the real and personal property
liable to taxation in said county, of not exceeding two per
cent, on each and every one hundred dollars of the assessed
value of such property, for the purpose of building a court purpose of. •
house, or a court house and jail, as they may deem best, in
said county ; said tax to be levied at such times and in such how levied,
sums as said board may deem advisable : Provided^ that no proviso.
more than one tax shall be levied in any one year for such
purposes.
§ 2. Any and all taxes levied and collected under the ^""'^""n^^m
provisions of this act, shall be levied, extended and col- and couTetinf
lected at the same time and in the same manner and by the *^^^"
same officers as county taxes now are or may be hereafter
levied, extended and collected in said county, and when
collected shall be subject to the disposition of said board
of supervisors in the manner and for the purposes contem-
plated in this act.
§ 3. Said board of supervisors shall have the power, if May borrow
in their judgment the interests of said county will be best "*°°®^"
subserved thereby, to borrow any sum of nionev, not ex-
\rol. 1-77
882 COUNTY INDEBTEDNESS.
ceeding one hundred thousand dollars, at any rate of inter-
est not exceeding ten per cent, per annum, and for any
time not exceeding twenty years, and for the better securing
the payment of said moneys and the interest thereon, the
said board of supervisors shall have the power to issue
the bonds of said county, with interest coupons attached,
Proviso. payable annually : Frovided, that said board shall have the
power, if they see fit, to proceed with the erection of said
court house and jail, or either of them, wholly with the
moneys arising from said tax, or- wholly with the moneys so,
as aforesaid, to be borrowed, or in part with said tax money
.and in part with the money so to be borrowed.
§ 4. This act shall be deemed a public act, and shall be
in force from and after its passage.
Approved March 7, 1867.
In force March AN ACT to authorize the county of Cook to issue bonds and to provide for
^'1867. the payment of the principal and interest thereon.
Preamble. Whereas, the bloclv of ground in the city of Chicago,
upon which the court house stands, is owned by the county
of Cook, and the court house building is owned in part, by
the county of Cook, and in part by the city of Chicago ;
and whereas, the board of supervisors of said county of
Cook are about purchasing the interest of said city, in said
court House building, and have no power to raise money
for that purpose, either by taxation or the issue of bonds ;
therefore,
Section 1. Be it enacted hy the People of the State of
Illinois^ re2)res&n,ted in the General Assembly, That the
board of supervisors of the county of Cook, may in their
discretion for the purpose of purchasing the interest of said
city in said court house, issue bonds of said county from
time to time as the same may be required, not exceeding
the sum of one hundred thousand dollars in the aggregate,
to bear interest not exceeding the rate of ten per cent, per
annum, the principal and interest payable at such time or
times, and at such place or places as the said board shall
fix, and may authorize the said bonds to be sold and the
proceeds thereof, shall be paid into the county treasury to
be used for the purchase of the interest of the said city of
Chicago in said court house ; or the said board of supervi-
sors may in their discretion, levy a tax not exceeding the
sumof twe^>ty cents on each one hundred dollars of the as-
sessed value of the taxable property of the county aforesaid
to be collected as other taxes, for the purpose of making
such purchase.
&upervisors
may is^ue
tends.
^^ COUNTY INDEBTEDNESS. 883
§ 2. The said bonds shall be signed by the chairman By whom sign-
of said board and by the clerk of the county court, of said ^''"
county, and shall be sealed with the seal of said court, and
registered by the treasurer of said county.
§ 3. In case said board of supervisors shall issue bonds '^*^^° p-Y-P^"^"^'
as aforesaid, they are hereby directed to levy a tax from 68^011."
time to time, as the same shall be required, to pay the prin-
cipal and interest upon said bonds as the same shall become
due, which said ta.x shall be collected as other county taxes,
and the same when collected shall be applied to the pay-
ment aforesaid.
§ 4. This act shall be deemed a public act, and shall
take effect, and be in force from and after its passage.
Approved March 7, 1867,
AN ACT to legalize the interest bearing bonds, issued by McLean county In force Feb'y
to enable the raising of bounties, and to levy a tax to pay the same. -^' ^^^'•
Section 1. Be it enacted by the People of the State of
Illinois, represented iti the General Asaemhly, That all in- Bonds,
terest bearing bonds heretofore issued by any order of the
board of supervisors, of McLean county in the state of Illi-
nois, for the payment of bounties, or for the relief of fami- Bounties,
lies of soldiers, be and the same are hereby legalized and
confirmed and shall be collected and enforced against said
county, according to the terms and conditions of said bonds.
§ 2. That the board of supervisors, of the county of indebtedness.
McLean, be and they are hereby authorized and empower-
ed to levy a tax upon all the real and personal property in
said county, now by law liable to taxation, not to exceed
one dollar on each one hundred dollars' valuation each year,
to enable said county to raise money enough to pay the
bonds now issued, or that may hereafter be issued for the
purposes mentioned in section one.
§ 3. This act shall take effect and be in force, from and
after its passage.
Approved February 21, 1867.
AN ACT to authorize the county of Madison to borrow money. I" ^^'^\^^^'^
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assenibly, That the coun- Amount.
ty court, of Madison county, is hereby authorized to bor-
bonds
884- COUNTY INDEBTEDNESS. ,
row puch sum of money, not exceeding fifty thousand dol-
lars, as may be necessary to construct and complete a jail in
said county.
Bonds. § 2. For the purpose of raising said sum of money, the
said court may issue the bonds of said county in sums not
less than two hundred and fifty dollars, bearing interest at
a rate not exceeding ten per centum per annum, and paya-
ble at any time within ten years from their date, and at such
place as may be determined upon by said county court, and
may sell and dispose of the same, but at not less than their
par value.
Interest sn §3. Said bouds shall be sigucd and registered by the
clerk of the county court, and countersigned by the treasu-
rer, and the interest thereon may be made payable at such
time and at such place as may be expressed in said bonds,
or the coupons attached thereto.
§ 4. Said county court, for the purpose of paying said
bonds and the interest thereon, is hereby authorized to levy
a special tax upon all the taxable property in said county,
not however, exceeding fifty cents on the hundred dollars'
worth of such taxableproperty,in any one year to be levied,
assessed and collected, as other county taxes and the same
lien created to secure county tax and the provisions made
for the collection thereof, shall also exist and apply to this
tax, and when the same is collected, to be paid into the
treasury of said county and be applied to the purposes spe-
cified in the order directing the assessment of the same.
§ 5. This act to be in force from and after its passage.
Appkoved February 22, 1867.
subscribe
stock
In force I<''eb"y AN ACT to authorize the county of Pike, and the several towns therein,
25, 18G7. " to subscribe stock in railroad companies.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Authority to couuty of Pike or any town in said county, is hereby au-
thorized and empowered to purchase or subscribe tor shares
of the capital stock in any railroad company already organ-
ized or hereafter to be organized, which passes in whole or
in part through said county, to such an amount as said county
or town may deem proper, and the stock so purchased or
subscribed for, shall be under the control of the board of
supervisors or the authorities of the town making such sub-
scription or purchase in all respects as stock owned by indi-
viduals.
§ 2. Subscribtions to the capital stock of any such com-
pany may be made by an agent appointed for that purpose,
COUNTY INDEBTEDNESS. 885
by the board of supervisors in behalf of the county or by
the town auditors, of any such town, when such subscrip-
tion is made by a town, upon such terras and conditions as
the board of supervisors or town auditors may prescribe and
for the payment of such stock, so subscribed or purchased,
the board of supervisors of said county, or the town audi-
tors of such town, making such subscription or purchase,
are hereby authorized to borrow money at a rate of inter-
est not exceeding ten per cent. per annum, or they may pay for
the same in bonds, orders, or warrants of said county, or
town, to be drawn for that purpose, in suras not less than
one hundred dollars, to run not exceeding twenty years,
bearing interest not exceeding ten per cent, per annum,
payable annually, and the faith of the county or town, shall
be pledged for the annual payment ot the interest, and the
ultimate redemption of the principal.
§ 3. The railroads already incorporated or hereafter in- Bonds, etc.
corporated by any law of this state, passing in whole or in
part through said county, are hereby authorized to receive
the bonds, orders or warrants of said county, or any town
therein, in payment of the capital stock of such company,
at par, in lieu of cash, and to dispose of the same as they
may tliink best, for the purpose of constructing their road
or equipping the same.
§ 4 All such bonds, warrants or orders, shall be issued issue of bond?.
by the county clerk, under the seal of his office, upon the
order of the board of supervisors, or by the town clerk upon
the order of the board of auditors, and upon issuing any
such bond, warrant or order, the county clerk or town clerk,
as the case may be, shall make registration thereof in a book
to be kept for that purpose in his office, showing the date,
amount, number, maturity and rate of interest of such bond,
warrant or order, and on presentation of any such bond,
warrant or order, issued by any tov/n under this act at the
office of the county clerk, for registration, he shall cause the
same to be registrated in his office in a book, to be kept for
that purpose, such registration shall show the date, amount,
number, maturity and rate of interest, and by what town the
same was issued, and such clerk shall certify under the
seal of his office, on the bond, w^arrant or order, whether is-
sued by the county or town, the fact of such registration,
for which he shall receive such fees, as shall be allowed by
the board of supervisors.
§ 5. Upon the return of the assessors' books in each ^^^^^Z^l ''^"^
year to the clerk of the county court, said clerk shall, be-
fore making out, the collector's books, ascertain the amount
of principal and interest, for the current year due and ac-
crued, or became due against said county, or any town
thereof, upon such county or town registered indebtedness,
for said year and shall upon the basis of the said assesraent
for said year, estimate and determine the rate per centum
S86
COUNTY INDEBTEDNESS.
Disposition
funds.
on the valuation of property, within said county or town re-
quisite to meet and satisfy the principal and interest so due
or to become due for such jear, together with ordinary costs
for the collection and disbursement of the same, and the said
per centum so ascertained, by the clerk, shall be entered and
extended by said clerk, on the collector's book, and collected
the same as county revenue.
of § 6. Said funds, when collected, shall be paid over to
the county trgasurer, the same as county revenue, and by
him kept as a separate and distinct fund, for the payment of
said indebtedness, and upon the presentation to said treas-
urer of any such registered indebtedness, he shall pay the
amount of principal and interest due for the current year,
out of the funds aforesaid, and cause the same to be credited
on fche bond, warrant or order, upon which such payment is
made.
Registiation of §' T. It shall be the duty of the town clerk when issuing
bonds. ^Yiy bonds, warrants or orders, under this act, to present
them to the county clerk, and cause the same to be registered,
before the same are issued.
§ 8. Any officer, who shall willfully refuse or neglect to
perform any dut}' required of him under this act, shall be
liable to indictment, and upon conviction, shall be removed
from office, and lined in any sum, not exceeding one thou-
sand dollars.
§ 9. In case said county or any town therein shall pur-
chase or subscribe for stock in any such i-ailroad, they are
hereby authorized, in case they see proper to do so, to cause
a special tax to be levied upon the property of said county
or town, so subscribing upon the assessment of 18GG : Pro-
vided, the same be levied before the tirst day of June, 1867,
and in case of sucli special levy, the amount thereof shall
be determined by the board of supervisors or town auditors,
as the case may be, and certified to the county clerk, who
shall make out a collector's book with a warrant attached
thereto for said special tax. based upon the assessment of
1866, and deliver the same to the proper collectors, who
shall collect the same as other taxes, and make return to the
treasurer within forty days after receiving such books ; and
the several collectors and county treasurer shall proceed to
collect the same in all respects as other tax, and the county
court shall have power to render a judgment against deli-
qnent lands at any term, at which application may be made
by the collector for that purpose ; and said special tax, when
so collected, shall be applied to the payment of such sub-
scription, according to the terms of such subscription.
§ 10. Neither said county or any town therein, shall levy
more than one dollar and fifty cents, on each hundred dol-
lars' valuation, as assessed for any one year.
^ 11. No subscription to stock shall be made by the
county or by au}'^ town under the provisions of this bill,
Penalties for re
fusal of duty.
Taxes levied
etP.
Valuation, etc.
Subscription.
COUNTY INDEBTEDNESS. 88T
unless the same is submitted to a vote of the people of the
county or town, as the case may be, and unless the same
shall receive a majority of votes, cast upon such question.
Such question to be submitted in such manner, as the board
ot supervisors may determine as to the county, or by the
town auditor in case of towns.
§ 12. This act shall be in force from and after its pas-
sage.
Approved February 25, 1867.
AN ACT to authorize the county of Kankakee to borrow money. In torce Feb'y
25, 1867.
Section 1. Be it enacted by the People of the State of
Illinois^ reipresented in the General Assembly, That the Authority to
board of supervisors of the county of Kankakee, state of ^°"'°'' '"^^'^•
Illinois, be and they are hereby authorized and empowered
to borrow money in one or more loans, the total of
which shall not exceed the sum of litty-three thousand
dollars, and to issue bonds therefor, wliich said bonds
shall be made payable at such times and places as
they may designate, and shall bear interest not exceed-
ing ten per cent, per annum, for the purpose of liquidating P"»pose.
the present war indebtedness of said county, and to build
fire proof vault or vaults for the safe keeping of county
records and for repairing courthouse.
§ 2. That the board of supervisors of said county be Tax.
and they are hereby authorized to levy a special tax upon
all the property, personal and real, in said county, not ex-
ceeding five mills on one dollar per annum, for the purpose
of liquidating any indebtedness and the interest thereon
that has or may accrue for the purposes aforesaid, which
said tax shall be collected at the same time, in the same
manner and by the same officers who may collect the reve-
nue for state and county purposes; and the laws now in
force for the collection of state and county taxes, shall be in
force and applicable to the collection of the taxes provided
by this act.
§ 3. This act is hereby declared to be a public act, and
shall take effect and be in force from and after its passage.
Approved February 25, 1867.
S88 COUNTY INDEBTEDNESS.
In force Feb'}- AN ACT to enable the county of Lawrence to levy a tax and provide means
^^' ^^^'^- for the payment of the indebtedness of said county.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Asseinbly, That the
How levied, etc. board of Supervisors of Lawrence county, Illinois, ma^'^ at
any time, either at a special or annual meeting of said board,
levy such tax on the taxable property in said county as
they may think necessary to discharge the indebtedness
of said county, not exceeding two per cent, in any one
year, to be levied and collected as other county tax, as is now
provided by law.
§ 2. This act to take effect and be in force from and
after its passage.
Approved February 25, 186Y.
In force Feb'y AN ACT to amend an act entitlea, "An act to authorize the county court
23, 1867. of Macoupin county to issue bonds and levy taxes to raise money and pay
bounties to volunteers," approved February 6th, 1865.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly, That the act
Application and entitled "An act to authorize the county court of Macoupin
acr*Tpprove°d couuty to issuc bouds and levy taxes, to raise money and
Feb'y 6, 1865. p^^y bountics to voluntcers," approved February 6th, 1865,
be so construed as to apply to and embrace the payment of
bounties to persons who volunteered and enlisted into the
military service of the United States, before as well as after
the passage of said act, and who were credited upon the
quota of said county under any of the calls for volunteers
Proviso. referred to in said act : Provided, hoioever, that nothing
herein contained shall render the payment of any claim
coming within the provisions of this act compulsory upon
said county court, but shall leave it discretionary with the
said court to allow the whole or any part of any such claim
presented or to reject the same altogether.
§ 2. This act shall take eft'ect and be in force from and
after its passage.
Approved JFebruary 23, 1867.
COUNTY INDEBTEDNESS. 889
AN ACT to enable the board of supervisors of Lee countv to use their In force Feb'y
swam
p land funds in payment of the indebtedness of said countj'
1807.
Section 1. Be it enacted hy the Feojple of the State of
Illinois, represented m the General Assembly, That the
board of supervisors of Lee county are hereb}^ authorized
and empowered to use the funds of said county known as
the swamp laud fund, or any part thereof, in payment of
the indebtedness of said county,
§ 2. All acts or parts of acts inconsistent with this act
are hereby repealed.
§ 3. This act shall be in force from and after its pas-
sage.
Approved February 28, 1867.
AN ACT to enable the board of supervisors of Edgar county to levy a tax In rorce Feb'y
to build a soldier's monument. " '
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the ^'^*^^ "'"•
board of supervisors of the county of Edgar, may at any
regular meeting levy a tax not exceeding two mills on the
dollar upon the taxable property of said county, over and
above the amount now allowed by law for county purposes ;
■which shall constitute a fund separate from the county
revenue, and shall be appropriated to the purpose of erect-
ing a monument sacred to the memory of the soldiers from
said county of Edgar, who lost Iheir lives in the late war
for the suppression of the rebellion : Provided, that the Proviso.
fund so raised shall not exceed the sum ot fifteen thousand
dollars (^15,000).
§ 2. Said tax shall be levied and collected in the same How levied and
<- .1 . collected.
manner as other taxes are.
§ 3. The fund so raised shall bounder the control of Control oi funds
the board of supervisors of said county of Edgar, or a board
of trustees appointed by said board of supervisors, who
shall procure a suitable site for the erection of said monu-
ment, contract for the erection of the same, and pay out
money on such cuntract.
§ 4. This act shall take eflfect from and after its pas-
sage.
Approved February 28, 1867.
890
COUNTY INDEBTEDNESS.
In force Feb'y AN ACT to legalize the acts of the board of supervisors of the county of
_8, 1S67. Ford borrowing money and issuing bonds therefor.
Preamble. Wheeeas the board of supervisors of the county of Ford
did at the July special session of said board, in the vcar
1866, borrow the sum of (|10,000) ten thousand dollars, and
did issue bonds therefor, drawing interest at ten per centum
per annum ; and, whereas, the borrowing of said money
and the issuing of said bonds not being in strict conformity
of law, may endanger the interests of innocent hoklers of
the same, therefore.
Acts legalized. SECTION 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That all acts
and doings of said board of supervisors of said county of
Ford in borrowing said money and issuing bonds therefor
be and the same are hereby declared to be legal, and said
bonds as valid and binding in all respects as they would
have been had such bonds been issued under and by virtue
of a special enactment of the legislature of this state passed
for that purpose. *
§ 2. This act to be in force from and after its passage.
Appkoved February 28, 1867.
^^ !?/'i''c.?®^'y AN" ACT to amend an. act entitled "An act to authorize tlie county court
28, 186'
of Ferry county to issue bonds, approved February 16, 1S65."
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly^ That the
county court of Perry county, Illinois, be and they are
Borrow money. i^Qreby authorized and empowered to borrow money in one
or more loans not exceeding in the aggregate, the sum of
Hfty thousand dollars, to be expended under and by the
direction of said county court, in building a common jail at
Proviso. Pinckneyville, the county seat of said county : Provided,
that said county court may expend not to exceed ten thou-
sand dollars of the above amount in grading and working
the roads leading from Pinckneyville to Tamaroa and from
Pinckneyville to Du Quoin, in said county, if in their judg-
ment the public interests demand it.
§ 2. That so much of section 1st of said act to which
this is an amendment, as is inconsistent with this act, be
and the same is hereby repealed.
§ 3. That section 2nd of said act, approved February
February 16, jg 1865, bc SO amended as to authorize the county court of
186i), amended. .' ' , ,, • i , ii i i
said county to levy and collect a special tax on all real and
personal estate, situated in said county, not to exceed four
mills on the dollar. /
Part of conflict-
ing section re-
pealed.
Section 2d of
:iPt approved
COUNTY INDEBTEDNESS. 891
§ 4. This act shall take effect and be in force from and
after its passage.
Approved February 28, 1867.
AN" ACT to authorize the county of Morgan to issue bonds and to levy in force Feb'r
taxes, for the purpose of building a court house in said county. -^> l**^"-
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the Vaine of— whoa
count}' court of the county of Morgan, be and they are oMnte^est/'^'*^
hereby authorized and empowered to issue bonds of said
county, not to exceed in value the sum of one hundred
thousand dollars, which said bonds shall be payable in not
less than live nor more than twenty years, and bear interest
at a rate notexceedino; ten per cent, per annum, and to levy
a tax on all tlie taxable property in said county, to raise
funds to liquidate said bonds and the interest thereon for
the jjurpose of building a court house in said county. That
said County court may at their discretion, in lieu of issuing
bonds as aforesaid, levy a tax on all the taxable property in said
county, not to exceed twenty cents on each one hundred
dollars per annum, until the sum of one hundred thousand
dollars be raised for the purpose aforesaid.
§ 2. All taxes that may be levied as aforesaid, shall be Ta.xe?— time
collected at the same time, in the same manner and by the o? coOectioa.
same officer who may collect the revenue for state and
county purposes, and the laws now in force for the collection
of state and county revenue, shall be in force and appli-
cable to the collection of the taxes provided by this act : Pro-
vided^ thnt the collector and treasurer shall be allowed only
one-half the fees for collecting and disbursing the fund's
raised under this act as is allowed them by law for collecting
and disbursing county revenue.
§ 3. This act shall be a public act and be in full force
and effect from and after its passage.
Approved February 28, 1867.
AN ACT to authorize the county court of Randolph county to issue bonds. In force March
Section 1. Be it enacted hy the People of tJhe State of
Plinois, represented in the General Assembly, That the
county, court of Randolph county are hereby authorized
to issue bonds bearing no more than ten per cent, per
892 COUNTY SEATS.
annum interest, and payable within ten years of the date
of their issue, to the amount of seven thousand and live
Amount of. hundred ($7,500) dollars, the proceeds of which is to be
How appropria- appropriated to the completion of the jail now in the course
^^'^' of construction in the city of Chester in said county, and
Interest and for no Other purpose *, and the interest and final payment
pr'ovideVubn* o^' theso bouds is provided for by an act approved February,
1865, authorizing the county court of Randolph county to
issue $30,000, irr bonds.
§ 2, This bill is declared a public act, in force from and
after its passage.
Approved March 5, 1867.
^° (°/';^o^F®'^'y AN ACT to remove the county seat of Cass county.
14, IsbT. • •
Section 1. Be it enacted hy the People of the State of
Illinois, represented In the General Assembly^ That the town
Point of. of "Virginia" in the county of Cass, is hereby designated
and declared to be the point to which the county seat of
said county, may be removed from the city of Beardstown,
in said county, in the manner hereinafter provided.
Removal deter- § 2. On the sccoud Tuesday in April, a. d. 1867, an
y vo e. g|ggj.jQj^ gl^^jj jjg \\Q\(}i in said county of Cass, at the usual
place of holding elections, for the purpose of determining
whether the county seat shall be removed from tlie city of
"Beardstown," to the town of "Virginia" as hereinafter
designated.
^du""fn<r°^'iecl § ^- T^^® officers of general election, shall attend, on
tion. ° ^ the day of election, and conduct said election according to the
laws of this state, in cases of election of county officers, and
said election shall in all respects be conducted as provided
by law tor such election.
Form of ballots § 4. The ballots sliall be in the following form, "for re-
moval" "against removal," and the officers of said elec-
tion shall make returns in the manner and time prescribed
by law in case of election of county officers.
Returns. | 5. When the returns shall have been made to the
county clerk of said county of Cass, he shall proceed to can-
vass said returns, and open and count the votes cast at said
election according to law in case of the election of county
. officers, and if it shall appear that a majority of the legal vo-
ters of the county have voted for removal to the said town
of " Virginia," tlion the said town of " Virginia " shall be
and remain the county seat of said county, and the county
clerk shall make out a certificate of the result of said elec-
tion and spread the same on the records of the county court.
COUNTY SEATS. 893
§ 6. In case the county seat shall be established at " Yir- DuUes of com"
ginia" as is hereinbefore designated in pursuance of this ™^^'°°"^-
act, the county court of said county and their successors in
office, are hereby constituted and appointed commissioners,
to select a site for the erection of public buildings, and it is
hereby made their duty as soon as practicable, to procure or
erect suitable public buildings for the public offices of said
county, and for the holding oif the county and circuit courts
of said county ; and when suitable buildings are erected or
procured, the officers, books, papers and furniture of said
county shall be removed thereto, by the several county of-
ficers, and the circuit and county courts for said county shall
be held, and county business shall be transacted at said
town of "Virginia." But the said commissioners shall not
select a site for the location of public buildings, nor shall the
seat of justice be removed from the city of Beardstown to
the town of " Virginia " until the sum of ten thousand dol-
lars shall have been subscribed and paid to a commissioner
to be appointed as hereinafter provided.
§ 7, The county court of said Cass county shall at the commissioners
March term a. d. 1867, appoint a commissioner, whose ^"'^''"*'^^-
duty it shall be to receive and collect all moneys upon pri-
vate subscriptions made for the purpose of defraying the ex-
penses of the removal of said county seat, and the erection
of pubhc buildings at the said town of "Virginia" and to
receive from the collector of said county, all taxes which
may be collected in said county for the purpose of erecting
said buildings, and it shall be the duty of said commission-
er to receipt the said collector for the same. For the pur-
pose of carrying into effect the provisions of this section
the said commissioner shall have power to institute suits,
and to prosecute the same in the name of the county court,
§ 8. The said commissioner shall within thirty days af- Bond of.
ter his appointment, file a bond for the faithful discharge of
his duties as such commissioner. The amount of which
bond shall be determined by the said county court, and shall
be approved by the judge and clerk of said county.
§ 9. The county court of said county are hereby autho- '^a^-
rized, in the event that it shall become necessary to levy a
tax, to be levied and collected in the same manner as the
state and county taxes are now by law levied and collected,
for the purpose of erecting the county buildings hereinbe-
fore specified.
§ 10. Whenever the county court of said Cass county site for buiid-
shall have selected a site for the erection of said buildings '°^^'
and a sum of money shall be in the possession of said com-
missioner, whether the same be raised by taxation or by pri-
vate subscription sufficient to build said buildings, it shall
be the duty of said commissioner under the direction of
said court, to at once proceed to the building and finishing
the same with all possible dispatch, and to that end said
S94r COUNTY SEATS.
commissioner shall have power to procure material and to
employ workmen. Or he may in his own and in the dis-
cretion of the county court, contract the building and other
improvements.
Notice of eiec- | 11. Notice shall be given by the county clerk of said
county, in one or more newspapers published in said county
of the time, place and object of said election. Said notice
to be published for three weeks. The first of which publi-
cations sliall be at least twenty days before the day lixed
for the election, and there shall be posted in three of the
most public places in each election precinct of said county,
notice of the time, place, and object of said election.
Compensation § 12. The Commissioner authorized to be appointed by
sioner.'^"^'^' the couuty coiirt in pursuance of this act. shall receive three
per cent, on all moneys which may come into his possession
under the provisions of this act, and tive dollars per day
for each day employed in the duties specitied in this act.
lontested eiec- § 13. Any citizcu of Said county, who may legally vote
at said election may contest the legality and validity of
said election by his giving notice in writing of his intention
so to do, to any other citizen of said county, who may legal-
ly vote at said election, in opposition to the vote cast at said
election, by the person contesting and said contest shall be
conducted in compliance with existing laws of this state
with reference to the contest of elections for county officers
in all respects, so far as the same may be applicable.
§ 14. All laws and parts of laws in conflict of this act
are hereby repealed.
§ 15. This act shall take effect and be in force from and
after its passage.
Approved February 14, 1867.
r-ion.
Kemoval of
county seat.
I" ("'■'^Ipf^'^'J' -A-N -^CT to relocate the county seat of DuPagc county.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That at the
election to be held, the first Monday in June, in the year
of our Lord one thousand eight hundred and sixty-seven, in
the county of DuPage, a poll shall be opened at each of the
election precincts in said county, "For" and "Against"
the removal of the county seat of said county, from its pres-
ent location at Naperville, to the point of the incorporated
town of Wheaton, in said county, at which election, tho
qualified voters of said county may vote upon the ques-
tion of removal. Those desiring the removal, shall have
written or printed on their ballots, " For Removal " and
those desiring the county seat to remain at its present loca-
COUNTY SEATS. 895
tion, shall have written or printed on their ballots, "Against
removal."
§ 2. The notices for said election shall be, in manner Notice of eiec-
and form as now provided by law for general elections, and ductTd.*"* ""*
the officers of general elections shall attend on the day of
election, and conduct said election according to the laws of
this stare, as in the case of the election of state and county
otticers, and said election shall in all respects be conducted
as provided by law tor such elections.
§ 3. The registry of voters made for and used at the Registry of
election held on ^Tuesday, after the first Monday in Novem- '"'*''•'•
ber, A. D. 1866, shall be' used at the election on the first
Monday in June, a. d. 1867, for the vote for removal
and against removal, and for the vote for circuit judge, in
said DuPage county, and no new or additional registry,
shall be required or used at the said election ; but voters
not registered, shall not be debarred from voting at the said
election, provided they comply with the provisions of the
general election and registry laws of this state, made and
provided for non-registered voters.
§ 4. The judges and clerks of said election shall make Returns of.
returns of said election in the manner and time now pro-
vided by law in regard to the election of county officers.
§ 5. When the returns shall have been made to the certificate of.
county clerk of said DuPage county he shall proceed to
canvass said returns and open and count the votes cast at
said election, according to law, as in case of the election of
county officers, and it it shall appear that a majority of the
legal voters of the said county have voted "for removal" to
the said town of Wheaton, as hereinbefore designated, then
the said town of "Wheaton shall be and remain the county
seat of said county, and the county clerk shall make out a
certificate of the result of said election and spread the same
upon the records of the board of supervisors of said county.
§ 6. In case the county seat shall be established at sites for county
Wheaton, in pursuance of this act, then the board of super- ^"''"^""ss-
visors of said county, and their successors in office, are
hereby constituted and appointed commissioners to select a
site for the erection of county buildings suited to the wants
of said county and such situation as may be ofifered or se-
cured at the said point, of the town of Wheaton, deemed
most eligible, convenient and suitable by said commission-
ers, shall be and remain the site for the public buildings of
said DuPage county; and said selection and location by said
board of supervisors or commissioners, or a majority of •
them, shall be made within thirty days after they shall have
legal notice of the result of the election "for removal" and
"against removal," as aforesaid.
§ 7. In case the result of the said election shall be for Removal of re-
the removal of the county seat to the town of Wheaton, as Ace? *°*^ '^^'
provided in this act, the records and ^public offices of said
of supervisors.
896 COUNTY SEATS.
couty shall not be removed thereto until the site for connty
buildings, as hereinbefore provided, is selected, and suitable
fire-proof offices, jail and jailor's residence erected thereon,
shall have been provided without cost and actually conveyed
in fee simple and without reservation to the said DuPage
county ; and also a suitable hall, in the town of Wheaton,
for the holding of the circuit court of the said county for the
term of ten years, be satisfactorily guaranteed without rent
or cost to the said county, and the said board of supervisors
or commissioners are hereby authorized, and it shall be
their duty, to examine the plans and specifications for the
said buildings to be erected as aforesaid, and the said build-
ings shall be erected according to the approved plans of
the said commissioners, and they may or may not have
charge of the erection of the said buildings as they shall
deem proper.
Duties of board R 8. The board of supervisors of Said county are hereby
authorized to receive donations or subscriptions in money,
lands or town lots, and convert or dispose of the same and
apply the proceeds thereof for the purpose of erecting build-
ings as hereinbefore provided; and all the subscriptions and
donations for the said purpose shall be legal and binding
upon the said subscribers and donors for the said purpose,
and any bond or bonds, guarantee or guarantees given by
any person, pei'sons or corporation, that the said subscrip-
tions or donations shall be paid in good faith to the said
county or to the board of supervisors thereof, shall be legal
and collectable from the said person, persons or corporation
so giving them, in the same manner as other contracts are
now enforced by law.
§ 9. If the county seat of said county shall be removed
and buildings erected and provided, as required by this act,
then no tax for raising money for the erection of other
county buildings shall be assessed, levied and collected in
said county of DuPage, for at least six years from the time
that the said removal of the offices and records of the
county shall occur, without first submitting the question of
taxation for said other county buildings, to the legal voters
of said county at a general election, and a majority of the
legal voters of said county shall have voted therefor : Pro-
vided, such submission shall be authorized or sanctioned by
the general assembly of this state.
§ 10. This act shall take effect and be in force from
and after its passage.
ArrROVED February 13, 1867.
COUNTY SEATS. 897
AN ACT entitled an "Act to legalize the incorporation of the town of I" force Feb':
Chillicothe, Vermilion county, Illinois, and for other purposes." 19,1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly. That all the Acts legalized,
acts and proceedings done for the purpose of incorporating
the town of Chillicothe, in the county of Yermilion, Illi-
nois, be and the same are hereby declared legal and valid ;
and all the ordinances passed by the president and trustees
of said town, not inconsistent with the constitution of this
state or of the United States, be and the same are hereby
declared to be legal and binding, and shall so remain until
amended or repealed by the president and trustees of said
town.
§ 2. That the president and trustees of said town may Boundaries.
prescribe and fix the boundaries of said town, so as to in-
clude any tract which may be laid out into lots and desig-
nated as an addition to said town.
§ 3. The president and trustees of said town may, by penalties, etc.
ordinance, impose fines and penalties in any sum not exceed-
ing twenty-five dollars for violation of any town ordinances,
and all fines and forfeitures that may be recovered for any
breach of the ordinances of said town, and all money that
may be received for licenses granted under the ordinances of
said town, shall be used for town purposes.
§ 4. This act shall take effect and be in force from and
after its passage.
Approved February 19, 1867.
AN ACT to provide for the removal of the county seat of Woodford In force Feb'y
county, in this state. 27, 1867.
Section 1. Be it enacted ly the People of the State of
Illinois, represenited in the General Assembly, That at the Removai-vote.
election to be holden on the first Monday of June, one
thousand eight hundred and sixty-seven, in the county of
"Woodford in this state, a poll shall be opened at each elec-
tion precinct in said county for and against the removal of
the county seat of said county from its present location at
Metamora to the town of El Paso, in said county ; at which
election the qualified voters of said county may vote upon
said question of removal. Those desiring the removal shall
have written or printed upon their ballots the words " for
removal," and those opposed to said removal shall have
written or printed upon their ballots the words " against
removal."
Vol. 1—78
898
COUNTY SEATS.
Opening of polls
Judges ;of elec-
tion.
Proviso.
Meetings— do-
nations.
§ 2. When the county clerk of said county shall give
notice of the election to be holclen in the month of June,
on the first Monday in June, a. d. 1867, as aforesaid, it shall
be his duty to state in said notices that a poll will then be
opened at each precinct or voting place in said county of
Woodford for and against the removal of said county seat
from Metamora to El Taso.
§ 3. The judges of election and clerks thereof, by whom
the election shall be holden on the day and at the places
specified in the foregoing section, shall make returns of the
same in the same manner and at the same time as other re-
turns are to be made by them.
§ 4. When the returns of said election are or shall be
made to the county clerk of said county, the same shall be
opened or counted or canvassed in the same manner as other
returns are or shall be opened or canvassed, and be spread
by said county clerk upon the records of said county court.
And if it shall appear that a majority of the legal voters of
said county voting at said election have voted in favor of
the said removal, then the town of El Paso shall be and re-
main the county seat of said county of Woodford ; and it
shall the duty of said county clerk of said county to give
notice of said result by publishing the same in all the pa-
pers published in said county for four weeks consecutively ;
and at the expiration of six months from the date of the
last insertion of said notice the said removal shall take place
and be effected, and from and after the period of ten days
following the expiration of the said period of six months
after the last insertion of the notice aforesaid, it shall be the
duty of all the county officers required by the laws of this
state to hold their offices at the county seat to remove their
offices from the said town of Metamora to the town of El
Paso ; and it shall be the duty of the board of supervisors
of said county to erect or at once secure suitable buildings
for the public offices of said county at El Paso, and also for
holding the circuit court of said county ; and when the
same are so erected or procured the records, books, papers,
safes and furniture of said county shall be kept therein,
and all business shall be transacted thereat ; and it shall be
the duty of said board of supervisors to secure or erect such
buildings as aforesaid within six months after the said elec-
tion and declaration and publishing of the result : Provided^
that within thirty days after the declaring and publishing
of said result the sum of thirty thousand dollars shall be paid
or secured to be paid to the said board of supervisors, to be
by them expended in the erection of a court house and jail
at the said town of El Paso, and for the purpose of receiv-
ing said money or security for the same, to be paid in
such sums and at such times as the said board of supervi-
sors may determine. The said board of supervisors shall
meet at their usual place of meeting thirty days after the
COUNTY SEATS. 899
said declaring and publishing of the said result, and may then
receive donations of either land or money or other property
for the purpose of erecting, finishing, completing and fur-
nishing said court house and jail ; and if the donations so
received shall amount in value to the sum of thirty thous-
and dollars the foregoing proviso shall be deemed to have
been in all respects complied with.
§ 5. William Harper, Allen Hart and H. D. Cook are Lw!atior.^of
hereby appointed commissioners to locate said court house
and jail in the said town of El Paso, and to determine the
site to be occupied by each of said buildings, which said
location for each building shall be made and designated by
a majority of said commissioners, and the said board of su-
pervisors shall be notified thereof within thirty days after
the said board of supervisors shall have received the said
sum of thirty thousand dollars as aforesaid.
§ 6. The said board of supervisors of said county are Taxes.
hereby authorized to levy taxes, to be collected as other
taxes, for the purpose of erecting, finishing, completing and
furnishing a suitable court house and jail at said town of
El Paso, for such amount as may be by them deemed ne-
cessary, in addition to the said thirty thousand dollars to
be paid as aforesaid.
§ T. All acts or parts of acts heretofore in force, and conflicting acts
. .1, •• /»,!• , 1 1 repealed,
mconsistent with the provisions of this act, are hereby re-
pealed.
§ 8. This act shall be deemed a public act, and shall
take effect and be in force from and after its passage.
Approved February 27, 1867.
AN ACT to amend an act entitled, " An act to enable the people of De In force March
Kalb county to relocate the county seat and erect public buildings, ^' "^^^'^•
approved February 12, 1867."
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the ^^\^^, ^W\m
above entitled act be so amended as to fix the time of hold- amended,
ing the circuit court in said county as follows, to-wit : at
Sycamore on the fourth Monday in February, and the third
Monday in September, and at Sandwich on the first Mon-
days of December and July in each and every year.
§ 2. That the time for holding the county court in said '^/n'" cou^rt-'"'''"
county shall be as follows, to wit : At Sycamore on the
first Mondays of June and January, at Sandwich on the
first Mondays of April and October, in each and every
year.
900
§ 3. This act shall be deemed a public act, and take
effect from and be in force from and after its passage.
Appkoved March 8, 1867.
Jn force April AN ACT to legalize certain acts of the county court of Mc Henry county,
20,1867. Illinois, therein named.
Preamble. Wheeeas Thomas F.Johnson, guardian of Willie E.
Johnson and Harriet M. Johnson, did at the December
term of the county court of McHenry county, Illinois, for
the year a. d. 1865, make application to said court for leave
and authority to sell certain real estate therein described as
belonging to said minors, which said order was by said court
in due course of business granted, authorizing and empow-
ering said Johnson to sell said real estate, and that said
real estate was afterwards, to-wit ; on the 26th day of
December, 1865, in pursuance of said order sold, and at its
March term for the year 1866, the report of said sale was
by said court duly approved and confirmed ; and whereas,
doubts have arisen as to the technical regularity of said
proceedings ; therefore,
Acts legalized. Section 1. Be it enacted hy the People oj- the State of
Ulinots^ represented in the General Assembly, That the
proceedings in said case herein above entitled, in all things
pertaining thereto, be and tlie same are hereby legalized
and declared to have full force and effect, the same in every
particular as if the laws of the state had been strictly com-
plied with in said proceedings.
Appkoved February 20, 186T.
In force Feb'y AN ACT to provide for transcribing Deed Records "A," "B" and "C,"
22,1867. and Circuit Court Execution Docket "A," Circuit Court Record "B" of
Lawrence county, Illinois.
Section 1. Be it enacted ly the People of the State of
Plinois, represented in the Oeneral Assembly, That Gilbert
Records. F. Nigh, of Lawrcucc county, bo and is hereby authorized
to transcribe deed records "A," "B," and '-C," circuit court
execution docket "A," and circuit court record "B," of said
county.
Booksprovided. § 2. The board of supervisors of said county shall pro-
vide for that purpose well bound books.
§ 3. The county judge and county clerk of said county,
shall examine and carefully compare the records so trans-
COURTS. 901
cribed, and if they find them to have been done correctly
they shall certify the same to be a trae copy, under their
hands and the seal of the county court, and for said exam-
ination said judge and clerk shall receive the sum of three
dollars per day, to be paid out of any moneys in the county
treasury not otherwise appropriated.
§ 4. Said record, when so transcribed and certified as Record to bo
aforesaid, shall be evidence in all courts of this state of ^''"^^'''='^-
equal force and validity with the originals.
§ 5. For transcribing said records, said Nigh shall compensation.
receive the sum of fifteen cents for every one hundred
words, to be paid out of the treasury of said county.
§ 6. This act shall be a public act, and be in force from
and after its passage.
Appkoved February 22, 1867.
AN ACT to legalize certain acts therein mentioned. In force Feb'y
22, 1867.
Whereas the city council of the city of La Salle, in the Preamble.
county of La Salle, by a certain contract made and entered
into by said city council with Richard Cody, Michael Byrne
and Nicholas Duncan of said city of La Salle, authorized
the said Cody, Byrne and Duncan to mine and take out
the coal underlying the streets, alleys and public grounds
of that portion of said city of La Salle, situated upon sec-
tion number fifteen (15,) in township number thirty-three
(33) north, range number one (1) east of the third principal
meridian, upon certain terms and conditions in said contract
mentioned ; and whereas some doubts are entertained with
regard to the full authority of said city council to make
and enter into said contract, and as to the entire legality of
the same; now therefore.
Section 1. Beit enacted hy the Feo])le of the State of
Illinois^ represented in the General Assembly^ That the said
contracts and all the several matters and things therein con- Contracts.
tained, be, and the same are hereby fully ratified and con-
firmed, and the same shall be deemed and held in all courts
and places whatever entirely legal, valid and efi'ectual.
§ 2. This act shall take efi'ect and be in force from and
after its passage.
Approved February 22, 1867.
COURTS.
In force Feb'y AN ACT to enable the county court of Iroquois county to perpetuate evi-
28, 1867. dence of the contents of records and papers destroyed by fire, and to
grant relief in certain cases therein mentioned.
"Whereas, the records of the county court of the county
of Iroquois, were nearly all destroyed by lire in October,
A. D., 1866 ; therefore,
Section 1. Be it enacted by the Peojjle of the State of
of Illinois^ represented in the General Assembly, That in
cases where papers or records belonging to or pertaining to
the business or jurisdiction of the county court of Iroquois
county have been destroyed by the tire which occurred in
October last, it shall be lawful to restore said records or pa-
pers, or perpetuate evidence of the contents thereof in the
manner hereinafter provided.
§ 2. Whenever any person or persons being interested
as administrator, executor or guardian, or as their ward
or creditor, of any estate probated in said county court or as
having title accruing through or by any proceeding had of
record in said court, or wills, or papers, necessary to the
vindication and estabHshment of such title, shall file a peti-
tion in the office of the clerk of thecounty court, stating the de-
struction, b}^ fire, of such record, proceeding, will or paper
or papers, and disclosing therein how and in what manner
such person or persons is afitected or injured by such des-
truction and also stating all other persons who may be in-
terested therein and the residence ol such persons, said
coun^^^y clerk shall issue summons thereon to all parties who
may be inade defendants in such petition, who may be resi-
dents of the state of Illinois, and in case such defendant or
defendants shall not be residents of the state, shall upon af-
fidavit being filed of such non-residence, cause publication
of notice to such non-residents of the pendency of such pe-
'f- tition for two weeks successively. The first insertion of
which notice shall be at least thirty days before the first day
of the term of the court at which said petition is to be heard,
which notice shall be published in some newspaper of gen-
eral circulation in said county.
§ 3. Whenever service of summons shall be had ten
days before any term of the county court, or constructive
service shall have been had by publication as provided in
section two of this act, the county judge shall order the de-
fendant or defendants to make answer thereto during term
time or in vacation, according as justice may seem to re-
quire, and shall conduct such proceedings according to the
practice in chancery, and shall hear and determine upon the
evidence adduced by the parties, either orally or by deposi-
tion, and shall make such order and decree therein as may
be just and discreet; which decree shall contain the substance
COURTS. 903
of the evidence taken in such proceeding, and shall be
spread at length upon the records of said court.
§ 4. Appeals may be taken from the final decree or order Appeals,
of said county court in all cases arising under this act in the
manner and within the time now prescribed by law in ap-
peals from the county court to the circuit court of said county
of Iroquois.
§ 5. Said county court shall also have power, either upon citation?,.
petition of a party in interest or upon his own motion to or-
der citation to issue to any administrator, executor or guar-
dian and compel such administrator, executor or guardian
to appear before him, and may resort to attachment of the
person, if necessary for such purpose, and to report and ren-
der an account under oath of all money, choses in action,
property, matters and things in their hands as such admin-
istrator or guardian and of all their actings and doings in
such official capacity, and said county judge may approve
such report and account : Provided^ that in all cases in
which the reports and accounts of such administrator, ex-
ecutor or guardian have been destroyed by the fire, afore-
said, all parties in immediate interest shall have notice.
§ 6. The secretary of state shall within thirty days from Certified iis sot
the passage of this act furnish to the clerk of the county p^eace!' ^
court of said county a certified list of all the justices of the
peace in said county, whose terms of office have not expired,
statmg the time when each was elected, qualified and com-
missioned, which list shall be made a matter of record in
the office of said county clerk, and in every case where it
shall be found that any of such justices of the peace have
no bond on file in the office of said clerk it shall be the duty
of the clerk to issue notice to such justice, which notice
shall be in writing and shall be personally served upon such
justice by the sherifi" of said county, and his return thereon
shall be evidence of same, whereupon it shall be the duty
of such justice to tile a new bond in the office, to bo appro-
ved as now provided by law, within ten days after receiving
such notice ; and in case of failure so to do his office shall
be taken and deemed as vacant, and the county clerk shall "Vacancy,
immediately issue notice to the clerk of the town in which
such justice shall have been elected of the failure of such
justice to file new bond and of the vacation of his office.
§ 7. In all cases arising under section one of this act
said county judge may equitably apportion costs.
§ 8. This act shall take effect from and after its pas-
sage.
Approved February 28, 1867.
904 COURTS — DAIRY AND CHEESE COMPANIES.
I» force May AN ACT to enable the county court of Pulaski county to order a special
assessment of the real estate of said county for the year 1866.
Preamble. Whereas there seems to be great inequality in the as-
sessment of the real estate of Pulaski county, making the
burdens of taxation bear unequally upon the citizens of said
county ; therefore,
Section 1. Be it enacted ly the People of the State of
Illinois^ represented in the General Assembly, That the
jis-ressments. county court of Pulaski county is hereby authorized to or-
der the assessor of said county, upon being furnished with
a transcript of the real estate of the county, as is now re-
quired at the regular assessment of said real estate, to assess
all the real estate in said county, for the year 1866, and
make return thereof to the county court of said county, at
the March term of said court, and that the assessor be al-
I lowed, as compensation for making and returning said as-
sessment, the sum of five dollars per day, to be paid in
county orders at their cash value as estimated by said court.
Time for deiiv- § 2. That the time for making out and delivering the
Ix^eifded^"'*''' collector's book to the sheriff of said Pulaski county for the
year 1866, be and the same is hereby extended to the first
day of April, 1867.
Approved March Y, 1867.
1° f^rce March AN ACT to incorporate the Fox River Dairy and Cheese Factory Com-
■^' ■ pany.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Salem
B. Town, William Page Frazier and Theodore Winegar,
and their associates and successors, and all such persons as
sliall become stockholders in the company hereby created,
shall be a body corporate and politic, by the name and style
Name and style of the " Fox Rivcr Dairy Company,"" and shall have suc-
Powers. cession, a common seal, power to plead and be impleaded,
to appoint all necessary ofiicers, servants and assistants ;
and may have and enjoy and exercise all the powers neces-
sary to carry out and execute the purposes and interests of a
manufacturing and commercial company ; so far as neces-
sary to engage in the purchase and growing and manufac-
ture of farm and dairy products and goods and articles used
in the producing thereof and in the preparation of the same
for market.
stock subscrip- § 2. A majority of the incorporators herein named may
proceed to open books for subscription to the stock of said
company, and shall at the same time or thereafter desig-
DAIRY AND CHEESE COMPANIES. 905
nate a time and place for the first election of directors of
said company, by parties subscribing to the stock tliereof,
and each share of stock so subscribed for shall be entitled
to one vote.
§ 3. The capital stock of said company shall be ten capital stock,
thousand dollars, with power to increase the same to three
hundred thousand dollars, to be subscribed and paid for in
the manner prescribed by the by-laws to be formed by said
company, and shall be divided into shares of one hundred
dollars each, which shall be deemed personal property, and
shall be transferable on the books of the said company, in
such manner as its by-laws may prescribe.
§ 4:, The said corporation shall have power to borrow Borrow money,
money, and majr secure the payment of the same by deed
of trust, mortgage or other securities upon real estate or
personal property owned by them.
§ 5, Said corporation shall have power to receive bills, bhis, notes, etc.
notes, bonds and deeds of trust, mortgages or other securi-
ties taken and received by them in the prosecution of their
§ 6. It shall be lawful for the company hereby incorpo- Real estate.
rated to purchase and hold such real estate as may be
deemed necessary by them for the successful prosecution of
their business, or which may be taken by them upon any
debt owing to said corporation, and shall have_ power to
sell and convey the same at pleasure.
§ 7. The affairs of the company shall be managed by a Directors,
board of directors, at least three in number. After the first
election, as herein provided, the directors shall be elected by
the stockholders at such time and place and in such manner
as shall be established by the by-laws of said company. The
directors of said company shall be elected annually, but any
failure or omission to elect directors shall in no wise impair
or affect the rights and powers of directors holding over or
the rio-htsor interests of the stockholders or others interested.
§ 8. The directors of said company shall have power to By-iaws.
frame a body of bv-laws for the election or appointment of
all ofticers and agents of said company and for regulating
the operations of said company, and to alter the same in the
manner to be provided in said by-laws : Promded, that the Pioviso.
same shall not be inconsistent with the laws or constitution
of this state or the United States.
§ 9. This act shall be deemed a public act, and shall
take effect and be in force from and after its passage.
Approved March 5, 1867.
906
DAIRY AND CHEESE COMPANIES.
^° ^"s'm?"''^ ^^ ^^'^ ^° incorporate the Bureau County Dairy and Cheese Co
mpany.
Capital stork.
bEOTiON 1. Be it enacted by ike People of the State of
Ilhnois, represented in the General AssemUy, That Stephen
G. Paddock, George W. Stone, Cairo D. Trimble and
Joseph V. Thompson, their associates and successors, are
hereby made and constituted a body corporate and politic
Name and style by the name and style of the " Bureau County Dairy and
Cheese Company," and as such corporation shall have per-
Powers. petual succession, may sue and be sued, have a common
seal,_ make contracts, and have and enjoy all the rio-hts
privileges and immunitieo, and be subject to all the liabili-
ties of a body corporate and politic, with power to purchase
hold and occupy so much real estate as they may deem
necessary for the purposes oi the said corporation.
§ 2. The capital stock of said company shall be twen-
ty-live thousand dollars, to be divided into shares of one
hundred dollars each, to be deemed personal property and
as such transferable on the books of the company, in the
manner and subject to the restrictions provided in the by-
laws. The capital stock may be increased from time to time
to an amount not exceeding, in the aggregate, the sum of
one hundred thousand dollars. In increasing the capital
stock, each share of stock shall entitle the holder thereof to
one vote.
§ 3. The corporate powers of said company shall be
exercised by a board of directors, not to exceed iive in
number, to be elected at such time as the by-laws shall de-
termine. Each share of stock shall entitle the holder
thereof to one vote in the election of directors. The direc-
tors may elect from their number such ofdcers as they shall
deem proper, and may prescribe their powers and duties
and they may appoint other officers and agents. ^
§4. The said company are hereby authorized to engao-e
m the business of raising, manufacturing and selling cheese
butter and other dairy, farm products and garden products^
and in raising and selling stock ; and may own so much
real estate as they shall deem necessary for the pasturage
of their cows or other stock, and may sell such of their lands
as they do not require for their said pasturage ; and may
build cheese houses or other erections, and" employ ma-
chinery about their business ; and said company may bor-
row money and pledge their property to secure the "same,
by mortgage or otherwise.
§ 5._ This act shall be a public act, and take effect from
and after its passage.
Appkoved March 5, 1867.
riraetoi-ii.
Business and
affairs.
DAIRY AND CHEESE COMPAIHEB. 907
AN ACT to incorporate the La Salle County Dairy and Cheese Company, fn force March
Section 1. Be it enacted hy the People of the state of
Illinois^ represented in the General Assembly, That Carnot
C. Mason, Luther A. Wilson, William King and W. II, H.
Holdridge, their associates and successors, are hereby made
and constituted a body corporate and politic, by the name
and style of " The La Salle County Dairy and Cheese Com- Name and ityie
pany," and as such corporation shall have perpetual succes- Powers,
sion, may sue and be sued, have a common seal, make con-
tracts, and have and enjoy all the rights, privileges and im-
munities, and be subject to all the liabilities of a body cor-
porate and politic, with power to purchase, hold and occupy
su much real estate as they may deem necessary for the pur-
poses of said corporation.
§ 2. The capital stock of said company shall be ten capital gtock.
thousand dollars, to be divided into shares of one hundred
dollars each, to be deemed personal property, and as such
transferable on the books of the company in the manner,
and subject to the restrictions provided in the by-laws.
§ 3. The capital stock of said company may be increased increase of
from time to time to an amount not exceeding in the aggre-
gate the sum of one hundred thousand dollars. In increas-
ing the capital stock, each share of the stock shall entitle
the holder thereof to one vote.
§ 4. The corporate powers of said company shall be ex- Directors,
ercised and controlled by a board of directors, not to exceed
live ii? number, to be elected at such time as the by-laws
shall determine. The directors may elect from their num-
ber such officers as they shall deem proper, and may pre-
scribe their powers and duties, and they may appoint other
officers and agents.
§ 5. The said company are hereby authorized to eno:a2:e Business trans-
. ^11- c • • L- ,. • 1 11- 1 actions and
m the busmess ot raising, manntacturing and selhng cheese, operations,
butter and other dairy, farm and garden products, andin/ais-
ing, buying and selling stock, and may build cheese houses
or other erections, and employ machinery about their busi-
ness ; andsaid company may borrow money and pledge their
property to secure the same by mortgage or otherwise.
§ 6. This act shall be a public act and take effect from
and after its passage.
Approved, March 5, 1867.
90S
DAIRY AND CHEESE COMPANIES.
In force Febru-
ary 13, 1867.
Capital stock.
Business and
operations.
AN ACT to incorporate the Champaign County Dairy Company.
Section 1. Be it enacted ly the Peoj)le of the State f
Illinois, represented in the General Assembly, That Clark
R. Griggs, J. W". Scroggs and James P. Root, and such per-
sons as they may associate with them, are hereby constitu-
ted a body corporate and politic, by the name of " The
Champaign County Dairy Company," and by that name
shall have perpetual succession ; may sue and be sued in
all forms of action, in any court ; may adopt, use or change
a common seal ,• may make by-laws and rules for the govern-
ment and regu ation of its officers, affairs, business and pro-
perty ; may make contracts, and have and exercise all the
powers, privileges and immunities, and be subject to all the
liabilities of a body politic and corporate.
§ 2. The capital stock of said company shall be fifty
thousand dollars, to be divided into shares of one hundred
dollars each, to be deemed personal property, and transfera-
ble as such, in the manner and subject to "the restrictions
provided by the by-laws. The capital stock, when required
by the company, may be increased to an amount not exceed-
ing one hundred thousand dollars in the aggregate, by a vote
of the stock holders representing a majority of the stock at
any annual meeting or at a special meeting called for that
purpose. When five per cent, of the capital stock shall
have been paid in and directors have been elected as herein
provided, the said company shall be deemed fully organized.
The balance of the capital stock shall be paid in, in "such in-
stallments and at such times as shall be determined by the
directors, and the said company ipay by its by-laws impose
fines and penalties upon stockholde"rs or declare forfeited
their shares of stock, for a failure to pay the installments
upon the same as they shall become due.
§ 3. There shall be elected annually by the stockholders,
at such time as shall be fixed by the by-laws, a board ot
five directors, who shall have the control and management
of the business, affairs, property and officers of the company ;
and the said directors, shall elect from their number a presi-
dent, secretary and treasurer and such other officers and
agents as they shall determine, who shall severally perform
such duties as shall be required of them by tfie by-laws or
resolutions of the said board, and from whom the said board
may demand indemnity for the faithful discharge of their
duties.
§ 4.^ The said company are authorized to engage in the
manufacture, purchase and sale of butter, cheese and other
dairy and farm products, and in the pasturage, fattening
and sale of cattle, hogs and other stock, and may establish
agencies and depots for the disposition of their products,
and may employ such labor, teams and machinery as they
DRAINAGE.
may j'equire, and to that end may own or lease real estate
to an amount in value not exceeding the capital stock of
said company, and may purchase, erect or hire all necessary
buildings, niake contracts, and do all things necessary tor
carrying on their said business.
§ 5. This act shall be a public act, and be in force from and
after its passage.
Approved February 13, 1867.
909
AN ACT to amend an act entitled "An act to authorize the drainage of in force Febru-
wet lands in townships fort3'-one and forty-two, in range thirteen and ary 2S, 1867.
fourteen east, and sections one (1), two, eleven and twelve (12), in town-
ship forty, of range thirteen, and to incorporate the drainage commission-
ers, for that purpose."
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the G-eneral Asseinhly. That Lambert Additional
„, ' , U1-- 1 1 /-, 1 1 111. ji 1 • commissioners.
Blum, and Michael Gormly, be added to the drainage com-
missioners, and that, thereafter, the said commissioners shall
consist of seven members, five of whom shall constitute a
quorum.
§ 2. The drainage commissioners shall have power to Powers anddu-
appoint some suitable person collector and treasurer, who
may be removed at their option, wdiose duty shall be to col-
lect all money due the drainage commissioners by assess-
ment or otherwise, and to disburse the same, only upon the
order of the chairman of the drainage comrnissioners, coun-
tersigned by the secretary, and to keep a true and correct
account of all money received and paid out by him, and to
render a statement of the finances, when required by the
drainage commissioners , and, for his services, he shall re-
ceive for collections two per cent, on all moneys collected,
and one per cent, on all moneys paid out. Said treasurer
shall give bond to the drainage commissioners, in the sum
of three thousand dollars, with good and sutiicient security,
to be approved by the judge of the county court of
Cook county, and conditioned that he will faithfully per-
form all the duties of his office, and account for all moneys
coming to his hands as collector and treasurer, and deliver
to his successor in office all books, papers and money be-
longing to the drainage commissioners, which bond shall be
filed in* the clerks office of the county court of Cook county,
and a certified copy thereof shall be received as evidence in
all courts.
§ 3. The drainage commissioners shall have the same ^po'^^ers'of.
power and authority over township forty-two, (42) range
twelve, in Cook county, as are invested in them hj section
910 DRAINAGE.
two of the act to which this is an amendment, over the lands
tnerem named.
§ 4. This act to take eflect and be in force from and
alter its passage.
Approved February 28, 186Y.
In force March AN ACT to amend ..^>,uu,.z.k
lands in townships therein mentionedrand"tJ"const7ucT rolds t][ere?n.'
Section 1. Be it enacted hy the People of the State of
Itivnois, represented in the General Assemlly, That all the
powerretc. "' POwers privileges and immunities conferred upon the Cook
county drainage commissioners, in the original act creatinir
said commissioners a body politic, be and are hereby re
vived and extended over the entire county of Cook, in the
state of Illinois, with power to act in any part of said
county. ^
Constnictiou of So C!„* i • • i , .
drains, etc. S ^- ^^iQ commissionei's, and their successors in office
are hereby empowered to construct and lay down tile drains
or sewers, and, with the consent of chief engineer of the
city of Chicago, connect said tile drains or sewers with the
city sewers.
^mems^for'*" , § ^' Said commissioners shall be required to o-ive ten
. days notice in three of the most public places in the town
where said commissioners have or shall have made an as-
sessment for any such improvement, road, drain or sewer
by posting up written notices, stating the extent of said
work or improvement, and the amount that has been as-
sessed therefor, and the day and place said commissioners
shall meet to correct or amend said assessment, and, at their
direction, upon the application of any person interested
Forn.er assess- IT' T^ """^^f^ ??' ''^"'^'^^ ^^^ '^'^^ ^^ ^^^^^ Confirm it.
mcntsiegaiized , ^ *• ^^J ^"^l all asscssmeuts heretofore made are
hereby legalized. '
This act shall be a public act and be in force from and
after its passage.
Approved March 7, 1867.
DKAINAGE. 911
AN ACT providing for the "drainage of certain landa in Champaign county, In force March
Illinois. 6, 1867.
Section 1. Be it enacted By the People of the State of
Illinois, represeftited in the General Assembly, That in ad- Special tax-
dition to the state and county tax, there shall be levied and p"''^"^®-
collected, in j^ear 1867. a sufficient special tax for drain-
ing the same on the following lands, within the county
of Champaign, to wit : all the lands flowed by the Big Slougb,
and Wild Cat Sloughs, in the townships of Pera, Rantoul,
East Bend and Newcomb, in said county of Champaign,
twenty-one, twenty-two north, range six and seven east of
the third principal meridian.
§ 2. For the purpose of carrying out the intentions of commissioners
this act, A. H. Bailey, J. W. Dodge and A. B. Condit ~" '^ '^^ ° •
are hereby appointed commissioners, whose duty it shall be
to employ a competent engineer, to make surveys, plans,
and estimates, for the drainage of the lands above described,
and to let such works, in whole or in part, to the lowest re-
sponsible bidder, after having given at least twenty days'
printed notice of the time and place of letting; to collect, re-
ceive, and disburse the taxes herein provided for, and to super-
intend the work until completed, and to pay contractors
therefor.
§ 3. Isaiah Estep, R. B. Condit, and such other disin- classification of
terested persons as they may associate with them, are here- ^^^^^-
by appointed to classify the lands above described, into
three classes, placing that portion most to be benefited by
drainage in the first class, and that which is least benefited
in the third class, and the return of such classification to be
made to the commissioners aforementioned, on or before
the first Monday in April next.
§ 4. It shall be the duty of the commissioners, as soon Taxes
thereafter as may be, to levy upon the lands before described,
a sufficient tax to comple the drainage of s^id land, accord-
ing to the estimate of [the] engineer, and to pay all other
necessary expenses. Such tax to be levied according to the
classification, (the first class paying the highest rate of taxa-
tion,) and which shall be a percentage on the assessment of
the county assessor for the year 1867, and in no case ex-
ceeding fifty cents per acre. The second class shall be such
a per centage on said assessment as shall in no case exceed
forty cents per acre, and the third class shall be at such rate as
shall not in any case exceed thirty cents per acre.
§ 5. Said commissioners shall make return of such as- Return of %%•
sessments on or before the first Monday of September next, sesaments.
to the county clerk of Champaign county, whose duty it
shall be to put down said tax in a separate column on the
collector's book ; and the collector shall proceed to collect
the delinquent tax aforesaid as other state or county taxes.
912 DKAINAGE.
Collection of g Q^ ]?qj. ^j^g purposG of prosGCuting said work, the com-
missioners may proceed to collect said tax as soon as the
assessment is completed ; and their receipt, or that of their
appointed agent or collector, shall be a complete discharge
of all liability or claim for such tax.
^. ,. , §7. iSaid commissioners shall have the power to secure the
Right of way. . % „ i i • /^ i ' • ^ l-
right of a way over any lands in Champaign county, tor
making such ditches and embankments, as may be neces-
sary to drain the lands aforesaid by condemning the right of
way and paying damages according to the provisions of laws
now in force for securing the right of way for public roads
and highways.
Commissioners' § 8- Said commissioners are hereby required to make
'ontis- and execute a bond to the county clerk, for the use of the
county of Champaign, for the full amount of the taxes as-
sessed, conditioned that they will faithfully perform their
duties as coramissoners under this act, and for a failure to
perform such duties or to pay over all the moneys received
they shall forfeit and pay into the county treasury double
the amount of such defalcation.
Elections— § 9. The commissioners named in this act shall give at
vXng" °' lesist ten days' notice for an election to be held at some con-
venient place within the district to be drained, on or before
the first day of April next, at which election the legal vo-
ters within said district, being owners of land within the
same, shall proceed to vote, giving one vote for each eighty
acres of land they own, after the manner of voting at dis-
' _ trict school meetings, by depositing ballots "for special tax,"
and " against special tax." It shall be lawful for all owners
of land in district not living in the same, to cast one vote
for each eighty acres of land owned in said district ; and if
a majority of such votes are found to be "for special tax,"
then this act to be in full force and effect ; otherwise null
and void.
Extension of §1C>- Should the provisions of this act fail to bc Carried
provisions, etc. q^-^j; dnriug the year 18G7, from continuous rain or other
causes, the provisions are hereby extended from year to
year, as above, until said drainage is thoroughly efl'ected ;
but in no one year shall a greater assessment be made than
is named in -section four of this act.
§ 11. This act shall take eHect and be in force from and
after its passage.
Approved, March 6, 1867.
EDUCATION. 913
AN ACT to amend an act entitled " An act to establish a Board of Educa- Ip force Apri
tion in the city of Quincy," approved February 20, 1861, and " An act 27,1867.
supplemental "thereto," approved, February 22, 1861 .
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That on the Election of
first Monday in the month of August next, and annually ''°''''''" •
thereafter, there shall be elected by the qualitied voters of
each ward in said city of Quincy, one representative or
member from each ward in the said board of education, who
shall hold his office for the term of two years and until his
successor is elected and qualified ; and there shall also be el-
ected for a short term, by the qualified voters of the fourth,
fifth and sixth w^rds of said city, on the said first Monday
in August next, one representative or member from each of
those wards in said board, who shall hold his office for one
year, and until his successor is elected and qualified. And
no ticket or vote at said elections shall be received or coun-
ted by the judges thereof for any person for said short
term or one year unless the same shall have printed thereon
and at the head thereof the words " For Short Term." The
elections provided for in this act shall be held and conduc-
ted and returns thereof made to the city council of Quincy
in all respects as is now provided by the charter of said
city in relation to the election of aldermen in said city, and
ail vacancies in said board, by death, resignation, or other-
wise, shall be filled by appointment of the said city council
for the unexpired term.
§ 2. The city council of the said city of _ Quincy shall ^tl'on-lpiIeeLnd
cause to be given at least ten days' public notice of elections manner of
under this act, by publication thereof in one or more of the ^° '"°'
newspapers of said city. Said city council shall fix upon
the places of voting in the wards, appoint the judges, and
provide the necessary blanks and papers for said elections.
Said city council shall decide all cases of contested election
or tie votes under this act, in the same manner as now pro-
vided in the city charter of said city in cases of contested
elections or tie votes for aldermen of said city.
§ 3. The judges of election in each ward, or a majority ^of'e^,|°y'o'ifg^®^
of them, shall appoint two clerks of election, who, together
with the said judges shall, before entering upon the dis-
charge of their respective duties, take an oath to discharge
their duties according to law and the best of their ability.
Said judges and clerks shall be allowed and paid by the city
of Quincy the same compensation as in other city elections.
§ 4. The board of education of Quincy, when organized ^^d-term
under this act, shall be composed of two representatives or offioe-wani
members from each ward of said city, who, except when "^^'"^«"-
elected for a short term, or one year, or when appointed by
the city council of said city to fill an unexpired term, shall hold
their office for a term of two years and until their successors
Yol. 1—79
914
EDUCATION.
are elected and qualified. The term of office of one represen-
tative or member of said board from each ward of said city
shall expire each year. The members of said board trom
the first, second and third wards of said city wlio were ap-
pointed by the city council of said city at their regular
meeting held on the first Monday of August last, shall
serve out their full term which expires on the first Monday
in August, 1868, and their successors shall then be elected
in accordance with the provisions of this act.
gupenutcndent § 5. The Superintendent of the public schools of the city
of Quincy, and the treasurer and clerk of the board of edu-
cation of said city, shall each, on and after the first Monday
of August next, be appointed by the said board of Educa-
tion, and shall respectively hold their offices for the term of
one year, and until their successors are elected and qualified,
unless sooner removed by a majority of said board, and shall,
in their official capacity, be subject to and governed by the
by-laws, rules and regulations of said board, and shall be al-
lowed and paid such compensation for their services as said
board may deem fit.
§ 6. The treasurer of said board shall, before entering
upon the discharge of his duties, give bond with good and
sufficient security in such sum as the said board may by by-
law or order direct, payable to the said board of education
and conditioned for the faithful discharge of his official du-
ties as treasurer of said board. No funds of said board shall
be paid into the hands of said treasurer until he has given
bond as aforesaid to the approval of said board. All public
school money of said city of Quincy shall be paid to said
treasurer, and he shall give his receipt therefor.
Hntiebtedues^ § 7. It shall be the duty of the said board of education of the
city of Quincy, and they shall have full power to determine
the amount of money needed to be raised for public school
purposes for the ensuing school year over and above the
amount of money received from the state of Illinois, or
from other sources, for public school purposes: Provided^
said board shall not for any one year require to be raised
more than three mills on each dollar of the then assessed
value of the real and personal property of said city for city
purposes, for the purpose of paying teachers' salaries ; and
not more than three mills on each dollar of said assessed
value, for the purpose of meeting the expenses of obtaining
school giounds, and erecting, repairing and improving
school buildings and school grounds, and other expenses of
maintaining public schools in said city.
Annual amount § 8. It shall be the duty [of] the said board of educa-
oiirod.'^°^ *^^ tion to report to the city councd of the said city of Quincy
at their regular meeting in the month of April next, and
annually thereafter, the amount of money so needed and
required for public school purposes in said city of Quincy
of public
fcchoole.
Te/rn of office.
Treasurer to
give bonds.
BiBpositiou Of
funds.
EDUCATION. 915
for the fiscal year commencing on tlie first Monday of
August succeeding sucii report.
§ 9. Tlie city council of tlie said city of Quincy, there- collection of.
•upon shall levy and cause to be collected the said amount
of money so reported by said board of education, on all
the real and personal property of said city, according to
the assessment and valuation thereof, for city purposes, for
the current year, equally, by a certain rate per centum, and
the same shall be collected by the collector of said city the
same as other city taxes are collected. A special column special column
shall be prepared in the city tax list headed, " public school '°'«^''st-
purposes," in which shall appear the amount of tax for
public school purposes chargeable against each parcel of
real estate or amount of personal property, and when said
taxes are collected, the collector shall keep a separate ^p^posei**""''
account of the same, and they sliall be paid only to the
treasurer of said board, and shall be used and applied for
public school purposes only.
§ 10. A majority of the members of said board of edu-
cation, shall constitute a quorum for the transaction of
business, but a less number may adjourn from day to day, iiuorum.
until a quorum shall be in attendance.
§ 11. No person shall at the same time be a member of the Membeiaiup.
city council and of the board of education of Quincy, and
no person shall be elected or appointed a member of said
board who has not resided in said city one year next pre-
ceding his election or appointment.
§ 13. Sections three, (3) five, (5) and seventeen (17) of Repealed see-
the "act to establish a board of education in the city of ^*'°**
Quincy," approved February 20, 1861, and section two (2>
of "an act supplemental thereto, approved February 22^
1861," and all parts of the aforesaid acts to which this act is
an amendment and all parts of the charter of the city of
Quincy which are inconsistent or conflict with the provisions
of this act, are hereby repealed.
5 14. This act shall be submitted to a vote of the quali- ^'^h '"^ *>® ^ub-
,. ^, (. 1 • n /^ • -11.1 mittedtoaTOte
hed voters oi the city oi Qmncy, at a special election to be at a special
held on the third Monday in March, a. d. 1867, and if at *'"''"'^-
said election a majority of the votes cast shall be in favor of said
act, the same shall become a public act and in full force ;
but if a majority of the votes cast shall be against said act^
it shall be null and void. The votes cast at said election
shall have written or printed thereon, "for school law," ^""^ ^«''oo' '="•
or "against school law," and under all elections provided Against school
for in this act, the registry of the legal voters of the city of
Quincy, used at the last preceding election, shall be used
in place of making a new registry of voters, as now pro-
vided in the general laws of this %tate. The city council '''no't^cTofVic
shall give at least ten days' notice of said election and tson.
shall on the Wednesday next succeeding said election, can-
916 EDUCATION.
vass the vote of said election, and immediateiy promnlgg
the same by publication.
Appeoved February 27, 1867.
In foroe Feb"y AN ACT to amend an act entitled "An act to establish a corporation in
^^'■'•^^''* Sparta school district, for the purpose of public education."
Section 1. Be it enacted hy the People of the State of
Illinois represented in the General Assembly^ That the
^poTiou ofUie board of education may demand and receive from the
schoTfund!"^^ trustees of township (5) five south, of range five (5) west,
and the trustees of township live (5) south, of range six
(6) west, and from the treasurers of said township, such por-
tion of the interest of the school fund, and of such other
funds as said district is now or may hereafter be by law
entitled to receive by delivering to each of said township
treasurers on the first Monday of April and October in each
year, a certificate of the whole number of days taught, of
scholars residing in that portion of the township within
said school district, and by deliverins: to each of said town-
ship treasurers on the first Monday of October in each year,
a statement of the whole number of children under twenty-
one years of age residing in that part of the district lying
in each of said townships respective!}^, and said interest and
other funds may be drawn from each of the treasurers of
the townships aforesaid, and receipted for by the treasurer
of said board of education.
Taxes. § 3. Said board of education shall on or before the first
day of April in each year, levy a tax upon all the taxable
property of the district for the purpose of establishing and
supporting free schools, for not less than six months in each
year and defraying all the expenses of the same of every
description, for the purpose of building, repairing and im-
proving school houses ; of purchasing school house site ; of
procuring furniture, fuel, libraries and apparatus, and for
all other necessary incidental expenses ; said tax not to
exceed three per cent, per annum.
Assessor and § 3. Said board ot education shall appoint an assessor
and collector for said Sparta school district, who shall hold
their respective oflices for the term of one year and until
their successors are appointed and qualified. Said assessor
and collector before entering upon the duties of their
respective offices, shall each execute and deliver to said
board of education a boad, with two or more securities, who
shall be freeholders and not members of said board of edu-
cation with sufficient penalty to be determined by said board
of education, said bond to be approved by said board of
education.
collector.
ELECTIONS. 917
§ 4. Said board of education shall have power to define Duties of.
the duties of said assessor and collector, and the manner
and time of assessing and collecting the tax levied by said
board of education, and to fix the amount of fees to paid
to each of said ofiicers.
§ 5. Section ten, (10) of the act to which this is an -^""^ repealed;
amendment, is hereby repealed.
§ 6. This act shall be in force from and after its passage.
Approved February 28, 1867.
AN ACT to fix the place of holding elections in the town of Silver Creek, In force Febru-
in the county of Stephenson. ^'^ ^^' ^*^^-
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assemhly, That here- Place of eiec-
after all general and special elections and town meetings in
the town of Silver Creek, in the county of Stephenson,
shall be held at the school house in school district number
five (5) in said town of Silver Creek, until otherwise author-
ized by law.
§ 2. In case there shall at any time be no school house change of place
in said district, the said elections and town meetings may
be held at any other place in said district which the super-
visor of said town may appoint; * said supervisor in such
case to give public notice of the place of holding such elec-
tion by posting up notices thereof in three of the most pub-
lic places in said town ten days before such election or town
meeting.
§ 3. This act shall take effect and be in force from and
after its passage, and shall be deemed a public act.
Approved February 19, 1807.
AN ACT to divide the town of Springfield into election districts. In force^^Feb'y
Section 1 . Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That the ^j?g'^j''\°^g
town of Springfield, in the county of Sangamon, shall be ,
divided into as many election districts as there are wards in
said city and one additional district, that each ward shall
constitute one district, and that part of the town outside of
the city limits shall also compose one district.
§ 2, The board of supervisors at their September term Opening poiis.
in each year shall be authorized and required, for all gene-
918
ELECTIONS.
ral and special elections not arising under the city charter
of the city of Springtield, to open such number of polls as
may be necessary in each of said districts at which the
legally qualitied votersof each district shall vote.
Judges for. § 3. The said board of supervisors shall appoint judges
for each of ^ said polls, who shall be a board of registry,
whose duty it shall be to make a register of voters in their
respective districts to be used at their respective polls, and
who shall proceed in all respects as now required by law,
and be subject to all the penalties that are now or may be
provided by law.
Application of § 4. All the penalties that are now or mav be provided
penalties. ^y law shall apply to any person who shall register his
name or vote in any other district than that in which he
shall be legally entitled to vote.
''SrvisoA 5 ^- '-^'^^^ supervisors shall annually be elected in each
district into which said town of Springtield shall be divided,
at the annual city charter election, by the legal voters of
each district, and said supervisors shall constiriite a portion
of the board of supervisors of said county of Sangamon.
coDflicting acts § 6. All acts and parts of acts in conflict witii the pro-
lepeaied. yisions of this act are hereby r( pealed.
§ 7. This act shall be in force and take effect from and
after its passage.
Appeoved February 19, 1867.
■" oTi^sef^'^'y ^^ ^^'^ ^° legalize an election held for railroad purposes in the town of
"' '■ Edwardsville, in Madison county.
I Section 1.] J^e it enacted hy the People of the State of
Illinois, represented in the General Asse^nhly, That tlie
■^OcSr°^%6 ^'^^cf?^'" ^^'^^^e legal voters of the town of Edwardsville, in
Jegaiized ' Madisou couuty, held at the grand jnry room in the court
house insaid town on the 13th day of October, a. d. 1860,
authorizing the president ami board of trustees of said town
to subscribe the sum of thirty thousand dollars to aid in the
construction of the Madison county railroad, be and the
same is hereby legalized in all respects,
edness. g 2_ '^XxQ president and board of trustees of said town
are hereby authorized and empowered, in pursuance of said
election, to issue the bonds of the said town of Edwardsville to
the amount of thirty thousand dollars, to be used to the
best advantage according to the judgment of the said board
of trustees, in aiding in the construction of the Madison
county railroad ; such bonds to be of such dcnomiiuitions
and payable at such times and places and with such rate of
interest as the said board of trustees may prescribe ; and
ELECTIONS. ^1^
the said bonds shall be registered and signed by the clerk
and countersigned by the president of the board of trustees
of paid town, and when so issued shall be valid and binding.
§ 3. The board of trustees of said town, for the purpose Ta^eg.
of 'paying said bonds when they become due and payable,
with the interest which may accrue thereon, are hereby
authorized to levy and collect a ppecial tax on all property
subicct to taxation under the general laws of the state, being
within the corporate limits of said town, accordmg to valua-
tion, which valuation shall be assessed by three bonajide
freeholders residing in said town, who shall be appointed
bv the board of tru^tees. x. ^ ■,
■'§ 4. This act shall take effect and be in force trom and
after its passage.
Approved February 22, 1867.
AN ACT to amend an act entitled "An act to iticorporate the town of In for« ^Feb'y
Eureka," approved February 23, 1859. "' '■
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the Gentral Assembly, That the corporate
corporate limits of the town of Eureka shall include and
embrace all the land bounded as follows : Beginning at the
northeast corner of the northwest quarter. of section (7) in
township twenty -six (26) north, range one (1) west of the
third (8) principal meridian ; thence running west one (1) mile
to the northwest corner of the northeast quarter of section
twelve (12) township twenty-six (26) north, range two (2)
west of the third (3) principal meridian ; thence south two
(2) miles, to the southwest corner of the southeast quarter
of'section thirteen (13), township twenty-six (26 north, range
two (2) west of the third (3) principal meridian ; thence
running east one (1) mile to the southeast corner of the
southwest quarter of section eighteen, (18) township twenty-
six (26) north, in range one (1) west, of the third (3) prin-
cipal meridian, and thence running north (2) miles to the
place of beginning in the county of Woodford.
§ 2. That the lifth section of said act be. and the same ■^»|^'J;%"^/,^*'^*f
is hereby amended so that the justice of the peace provided E!
for in said section, hereafter elected, shall hold his office for
four years, and until his successor is duly elected and quali-
hed. and so that the town constable therein provided for,
hereafter elected, shall hold his office for two years, and
and until his successor is duly elected and qualified.
§■ 3. That the justice of peace of said town_ shall be ",°7„ej.^°"^"-*
commissioned by the governor of the state of Illinois, as a
^-^ ELECTIONS.
yenue.
.lustice of the peace, and as such, give bond and take and
subscribe the same oath of office as other justices of tlie peace
and as such shall, in addition to the cases arising under the
town ordinances, have the same power and authority and
Change of ^he samej urisdiction as other justices of the peace in this state.
^ ^. in all cases arising under the ordinances of said
town, change of venue shall be allowed from said justice of
the peace to the nearest justice of the peace to be applied
tor in the same manner and granted on the same conditions
and m the same manner as the changes of venue from ius-
tices of the peace now are. The justice of the peace beiore
whom such cases may be sent by change of venue, shall
liave power to hear such cases in the same manner as the
justice of the peace of said town might have had if no such
change of venue had been taken.
§ 5
Taxe. 1, "• - ^^^ ^^? president and trustees of said town shall
have power and authority to levy and collect taxes on all
property real and personal, within the limits of said corpora-
tion, not exceeding one per centum per annum upon the as-
sessed value thereof, and may enforce the payment of the
same m manner prescribed by ordinance : Provided, that
a greater per centum per annum than one per centum may
be assessed and levied as aforesaid, if the majority of the
quahfaed voters of said town shall so determine at any reo-u-
lar^ election held in said town. ^
Private proper- I \- ^^^^ Whenever it shall be necessary to take private pro-
ty taken. pertytor Opening, laying out, altering, widening, exten din «• or
establishing any street, avenue, lanes, alleys or Dublic roads,
or sidewalks.in said town, the corporation shalf makea just
compensation therefor to the person or persons whose pro-
perty is proposed to be taken ; and if the amount of such
compensation can not be agreed upon, the same shall be as-
certained by three disinterested freeholders of said town
who shall be selected for that purpose by the president and
trustees of said town. The commissioners so selected shall
be hrst duly sworn before the justice of the peace of said
town to fairly and impartially assess the damages aforesaid,
and shall return to the president and trustees of said town
their award m writing signed by each of said commissioners,
^" J' fj ^f ^^ ""^^ '^I'P^^^ therefrom to the circuit court
ot Woodford county, in such manner and upon such terms
Damages '"^^ "^^■'' Pi'^scnbed by ordinance of said town.
amages. g Y_ rj^j^g^^ ^^ jj^^ assossment of such damao-es the com-
missioners shall take into consideration the beiiefits, as well
as the injury happening to the owner or owners of the pro-
perty taken as aforesaid. ^
^S""'^ §8. That whenever any street, avenue, lane, alley or
public road or sidewalk shall be laid out, opened, altered,
widened, extended or established by the president and trus-
tees, of said town, or any sidewalk built or repaired, or any
street or avenue graded or worked, the president and trustees
may apportion and assess the damages and expenses of such
ELECTIONS. 921
improvement upon the real estate benefited, m proportion to
the benefits resulting thereto, from the mprovements as
nearly i-s may be : ^Provided, that such assessment shall
not e'xceed the amount of the benefits to any owner ot lots
adioinine: the same. . , ....
4 9 'That for the purpose of ascertammg the benefits to Benefits ar.s.ng.
any real estate resultincr from any such improvements,
where the same can not be agreed upon, the same may be
ascertained by three disinterested free holders ot said town,
who shall be selected and appointed by the president and
trustees of said town for that purpose. The commissioners
so appointed shall be first duly sworn by the justice ot the
peace of said town, to fairly and impartially assess and as-
certain the benefits of any such improvements to the real es-
tate adioinmg the same, and shall return such assessment in
writino- sio-ned by each of said commissioners, and returnea
to the'board of trustees, at their first meeting thereafter,
and either party may appeal therefrom to the circuit court
of Woodford county, in such manner and upon such terms
as may be prescribed by ordinance.
§ 10 That the president and trustees ot said town shall Sp^^*' *^^«'-
have power to levy and collect a special tax of the amount
of the benefits as reported on the owners ot lots, or parts ot
lots respectively so benefitea by the improvements as afore-
said which said special tax shall be collected in the same man-
ner as other taxes are.
g 11. That all elections of officers in said town, and all Eie^*^°^,f^^!;
and sin<^ular the acts of the several officers elected and ap- and valid,
pointed^mder said act, and all ordinances and by-laws passed
by the president and trustees of said town, be and the same
are hereby declared legal and binding to all intents and pur-
poses, either at law or equity. ,.,.,. . •
^12 That all parts of the act to which this act is an
am'endment, inconsistent with this act, are hereby repealed.
§ 13. That this act shall be a public act and shall take
etiect from and after its passage.
Approved February 22, 1867.
AN ACT to divide the town of Decatur, in the county of Macon, into two In force^^March
election districts. '
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the town Eieci,on^_
of Decatur in the county of Macon, be and the same js liere-
by divided into two election districts as follows : All that
portion of the city of Decatur in said town which nes east
of Water street in said city of Decatur, together with that
portion of said town of Decatur lying outside o the city
limits of the said city of Decatur, and north and south ot
"^ — ' ELECTIONS.
paid citj, and east of a line running north and south through
said cirj, parallel with aud through the center of Wat^er
street m said city, shall constitute the first election district
ot said town of Decatur. And all that portion of said
town ot Decatur, and city of Decatur lying west of Water
street aforesaid, and west of the line aforesaid shall be and
•ludge. Of constitute the second election district of said town of Decatur.
» /• ^y^ t^^'ai'd ot supervisors ot the county of Macon
Ro„.d „f • f^^'^'^^PPomt .]udges of election, who with the clerks shall
BO.. or.e,.s. be a board of registry for the said districts, and the'^Hme
rules, regulations and laws shall apply in all things to said
election districts as are applied to general elections in the
dillerent towns m this state, under the general election laws •
"^'e^Sionf f"^ ^^^^^'.^ ^"d persons shall be subject to the same penal-
ties restrictions and qualifications as is provided for by law
% o"" ^?r'''^ ^^'''' °^' ^^^'^ '^^^^ ^" reference to elections.
^^ cJ Ihis act shall take efiect and be in force from and
alter its passage.
Appkoved March 6, 1887.
In force March AN ACT to regukte the holding of elections in the town and city of
Peoria.
Section 1. £e H enacted hy the People of the State of
To«n n,. f /"'''^f!' 'represented in the General Assembly, That in the
'rLS'"^^ township of Peoria, county of Peoria, the fewn meeting
now provided for by law shall be and is hereby abolished"
and the board of auditors now provided for 'by law and
he assistant supervisor and ward supervisors shall consti-
ite a board who shall transact all the town business now
Ma„„„or Of ^ ?% tF ^T" ^^ ^^ ^^^"^^^^d by the town meeting.
"".Srtun ? ?• Tlie town oflicers of the town of Peoria shall be
y;«tod for by precinct, (each ward in the city of Peoria
being one precinct, and the returns shall be niade to the
ex ofiico town clerk, who, calling to his assistance two
justices of the peace in the county, shall canvass the votes
grant certificates of election to the persons havino- the hio-h-
est number of votes, and declare them to be ejected ''if
any cit^y or county officers shall be voted for at such elections
the returns of the votes for such officers shall be made as
now provided for by law.
§ 3 The ofiice of town clerk in the town of Peoria is
aloished,and the duties and emoluments of said office,
s a devolve on the city clerk of the city of Peoria, who
feliall be, ex officio, town clerk.
olticers.
ELECTIONS. ^^'^
§ 4. The office of city assessor, in the city of Peoria omc^e^j-f cHv
is al)C)lished, and the duties of said office shall bepertoniied ished.
by tlu' tnwn assessor of the town of Peoria, \vh(« shall receive Town assessor.
as additional compensation, only snch an amount as the city
council of the city of Peoiia shall grant him for cupymjr
80 much of the township assessment lists as may be em-
braced within the corporate limits of the city of Peoria.
§ 5. The time of holding the annual city elections m ^;;[f;£okiing
the city of Peoria, is changed to the time _ot holding the
annmd' township nieetings in the state of Illinois. The city
council of Peoria shall divide the territory of that portion
of the town of Peoria, lying outside and l)eyond the city
limits, into two divisions as nearly equal as may be and
provide f.r the voting at all elections of the voters of one
portion of said territory at the polls of the fifth ward in the
city of Peoria, and tho^e of the other portion at the polls of
the t^ixth ward in said city : Frovided, that such voters shall '°^'°°-
not oe allowed to vote for city officers. There shall be
separate registry lists tor each of said districts, which dis-
tricts shall be' known respectively, "The upper election
district" and "the lower election district of the town ot
§ ♦;? That so much of the registry law as relates to the «t^,fit',,°"''"''*
appointment of boards of registry in the election districts m
the city of Peoria is hereby repealed and that at the next
annual town election in the town of Peoria, and at each
annual election thereafter, there shall be elected by the legal
voters of said town, a board of registry consisting of live
lec^al voters of said town, (only three of whom shall be voted
lor on any one ballot,) who shall perform all the duties at
all elections and be liable to all the penalties now devolving
upon the board of registry in the city and town of Peoria,
who !<hall hold thei/office for one year or until their suc-
cessors are elected and qualified ; said board shall meet at_
the city hall in said city of Peoria, instead of the places ot
holding elections (a majority of said board constituting a
quorum and being qualified to transact business) and shall
sit at their first meeting three days instead of two days,
and in addition to the two days now provided for by law for
the correction of the registry lists, shall also sit the Saturday
previous to each election. The said board of registry shall
within the time now provided by law for posting registry
lists, post printed copies of the registry lists of each election
district in the city and town of Peoria at the city hall and
each place of holding election in said city. Said board of reg-
istry shall have power to employ a clerk, and said board and
clerk shall receive compensation now allowed by law to
similar officers. Vacancies in said board shall be filled by
the remaining members of the board.
§ 7. That hereafter in all cases of challenge before the challenges.
board of registry, in the town of Peoria, of the right of any
92i
ELECTIONS.
^atfsint'sInTr^"/-'^ ^^'""^ '^ ^°'^^^'^-t of the
lists of pfttf' . 'T ^"' "^'"^ ^°te^e^ on the registry
««?<? ^1 1 ' ''^'°" "^^'^^''"^ "^^'^^^^^ town or city of PeonV
said chal en^^e being npon the gronnd of a want of dtizen'
Bh.p, such person shall be requfred to produce is n.uraH'
za ion j3apers or certified copies of the sameTn e iSence of
sucii citizenship, and no person shall be allowed to vote at
any city, town or other election in the city or ^own o?Pem-ia
whose name has not been placed upon the registry iS of
he e ection district in which he may offer his vote by the
judge. o( -r>S ?■ At tile next annual town election in thp town of
Peom and at each annual town election therearte • Twe
shall be elected m each election district, three iud^s of
Slotw./""'? n7 "^ "''°'" ^'"'" be voted for oi any one
ballot) who shall be voters of the district in which the v are
ele ed,who shall hold their office for one tear or ^nntU
le.r successors are elected and qualified, iho si ml be
J dges ot elections in the district in Uich tley are elected
b th tmeTn';' '"'■";, 'ff^'r ""^ -»oi;,n«nt S
DO tne same as now provided tor by law, for jud.res of elec-
nr„r^r.T.i",f.r--d «''J>.d»- shall fe filled as
Eleotiou 0
now provided for by law
Failure to elect. ^ " rn ,
members Of LSf/''^"^^''" ^^ j"dges of election and
sTiaH not 1^ il .^ ["^ ""^ '^^''^'^ provided for by this act.
Shall not be elected by reason of any two or more persons
havin. an equal number of votes for the same ofiiceihe
of inlr'^' ^'''''°' '' ^^"^^ '^' office, shall be decided bv
lot in he manner now provided by law, for decidino- tie
votes for county officers. ' ''^^^^^"g t'.e
Bo..aof.e,s § 10 Henry A. Baldwin, James M. Cunningham,
And ew Bowman, Enoch Emery and Adam Lucas are
hereby constituted a board of registry for the next annual
own and city election, who shalf^in a^ddition to thei othe
towreSn.^ '^^ ^''''''' '' ^^^^^^- '- --^ -^^^ ^--y -1
1
sao'e.
This act shall be in force from and after
its pas-
Approved March 7, 1867.
In force March AV APT t^ i ^i
7, 18G7. ,,fy^ " ^■'"^"-•'. tli« tiino of liol.lins town meotin-^s in Wil] county orr^
Section 1. Be it enacted hy the People of the State of
...,°a[^S f ^^;f^' represented in the Genial AJnul T^.t^r.t
ngs. tei the annual town meetings in the county of Will, shall
Time
annual
ELECTIONS, 925
be held on the first Tuesday next, after the first Monday of
November, in each year.
§ 2. The supervisors of each town, in said county of supervisor-du-
Will, shall be the moderator of the meeting and shall at the emo/r''' "°'^'
same time be one of the board of election now provided for
by law. The town clerk shall also act as one of the clerks
of the election, as also of the town meeting. In case the
supervisor and town clerk, or either of them should be ab-
sent, then the electors present shall choose from their num-
ber, to till the board of election ; and the business of the
town meeting, as also the election for state, county and oth-
er ofiicers shall proceed in all respects as if they were
present.
§ 3. The town ofiicers now in ofiice in said county of Town officers
Will, shall hold over until the next general election, after ^^aii hold over
their term of ofiice, for which they were elected expires,
and until their successors are elected and qualified.
§ 4. The town of Joliet, shall be divided into two elec- Election pre-
tion precincts; all that part of said town lying east of the
Des Plaines river to constitute the " East Election Precinct,"
and that part lying west of said river to constitute the '* West
Election Precinct." The board of election, of the east pre-
cinct, shall be the supervisor, collector and assessor, of said
town, the town clerk being one of the clerks. The board ot
election of the west precinct shall be the assistant supervi-
sor, if residing in said district ; the two other members of
said board to be appointed by the board of supervisors of
said county.
§ 5. Three commissioners of highways for the town of Election of
Joliet shall be elected at the next general election as provi- ofTii^hVays.
ded for by this act. by the legal voters of said town, residing
outside the limits of the city of Joliet, to hold their ofiices
respectively, for one, two and three years , the officers thus
elected, to decide by lot their respective terms of office, as
now provided for by law, at each annual town meeting there-
after, one shall be elected for the term of three years and
until his successor is elected and qualified.
§ 6. The board of election shall make returns to the Returns.
county clerk, for all the officers voted for except the town
officers, and shall declare who are elected town officers as
now provided for by law ; except in the town of Joliet. The
return, of the election of town officers shall be made to the
town clerk, who, calling to his assistance, two justices of the
peace of said county, shall canvass the votes and grant cer-
tificates of election to the persons receiving the highest num-
ber of votes.
§ 7. Special town meetings may be held during the year special town
1867, to transact the business which the changing of the "^^®''"S'-
time for the annual town meeting of this act may make
necessary.
926 ENGRAVING COMPANY — EVIDENCE OF MARRIAGE.
( onflieting laws § 8. All lavvs OF pai'ts of laws ill conflict herewith are
'■'^P"""'^- hereby repealed.
§ 9. This act shall take effect and be in force from and
after its passaj^e.
Approved March 7. 1867.
ji tome Felj'y AN ACT to change the name of the Western Engraving Conipan v.
2S, 1807.
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That iiercaf-
ter, the name, title and style of the "Western Eni^ravinp^
Company," doing business in the city of Chicago, state of
Illinois, organized under the general law of the state of Illi-
nois, entitled " An act to authorize the formation of corpo-
rations, for manufacturing, raining, mechanical or chemical
purposes," approved February 18, 1857, shall be "The
Namo changed. Wcstcm Bank Notc and Engraving Company." Eat the
change of the name of said company does not in any de-
gree atfect the rights, liabilities, powers or duties, as hereto-
fore possessed or belonging to said company.
§ 2. This act to take effect and be in force from and af-
ter its passage.
Approved, February 23, 1867.
u ior(>e Maroh AN ACT for the better preservation of the evidcnccg of marriages in the
"' ^8tiT. county of Madison.
'leauibie. Whekeas, the evidcuces and records of marriages in the
county of Madison, dating from the year 1813, were origi-
nally quite imperfect, and have, by time and use become
much injured, and in many cases nearly obliterated and in-
distinct ; and whereas, no index to names of males has
been kept to a large portion of said records, and no index
whatever has been kept to names of females ; therefore,
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That for the
•ounty. cierks better preservation of the evidences and records of mar-
il'rs.'"'" '"°°'''" riages in the county of Madison, and for the convenience of
the public, the clerk of the county court of said county is
hereby authorized and required to make a registry of all the
marriage licenses, marriage certificates and evidences of
marriages now on file or of record in his office, which said
registry shall contain the date of license and number, the
christian and surnames of both the parties, the date of their
FERTILIZING COMPANY. 92Y
marriage, the name of the person certifyinc' the same, and
the tiiue when returned ; and said clerk shall also make
complete indices to said marriage registry, in alphabetical
order, by surnames of both parties, the names of males in
one book and the names of females in another book; and
shall keep the same kind of registry and indices of all mar-
riage licenses or marriage certificates hereafter issued or
filecl iu his office.
§ 2, The county court of said county shall provide Books of regis,
well bound books, in which to make said registry and in- ^''^'
dices, and sliall pay said clerk for making said registry at
the rate of ten cents tor each marriage license or marriage
certificate registered by him, and two cents per line for
making indices in pursuance of this act.
§ o. The registry and indices provided for in this act. Registry list.^
when made, shall be taken and deemed to be records of said cord"*^'^ "
county, and shall be rei;eived in evidence in all courts in
this state the same as original records; and certihed copies
of said registry shall have the same force and efiect as cer-
tified copies of the records of said county.
§ 4. This act to be in force from and after its passage.
Approvkd March 7, 1867.
AN ACT ta incorporate the Northwestern Fertilizing Company. in force March
8, 186".
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly^ That Christian corporators.
Wahl, Louis Wahl and John a Lighthall and their succes-
sors, associates and assigns, be and they hereby are consti-
tuted a body politic and corporate; to have continued suc-
cession and existence for the term of fifty years, and to be
known as "The Northwestern Fertilizing Company," and Name und style,
by that name and style may contract and be contracted
with ; sue, and be sued, as a natural person may ; tliey may
have and use a common seal ; they shall have power, in Power.s.
their corporate name, for the use of said corporation, to pur-
chase and hold sufficient real estate for the free enjoyment
of all privileges herein granted, and to make all proper by-
laws and rules for the government of said corporation.
§ 2. The capital stock of said company shall be fifty capital .stock,
thousand dollars, with power to increase the same to any
sum not exceeding two hundred and fifty thousand dollars.
§ 3. The above named persons, or a majority of them, organization.
may meet at^any time after the passage of this act, and or-
ganize said company, on the stock therefor being subscribed
tor to the amount of fifty thousand dollars ; and they may
issue certificates and then hold an election for such officers
928 FERRIES.
as may be created by the by-laws which may be hereafter
enacted for the government of said company', which officers
shall hold their offices for the length of time fixed by the
said by-laws, to be enacted hereafter by the said company.
Said by-laws may be changed, from time to time, as may be
provided by said corporation, acting through its managers.
Business and § 4. Said Corporation is liereby authorized and empow-
operations. ^^^^ ^^ establish and maintain chemical and other works,
at the place designated herein, for the purpose of manufac-
turing and converting dead animals and other animal mat-
ter into an agricultural fertilizer, and into other chemical
products, by means of chemical, mechanical and other
processes.
Location. § 5. Said chcmical works shall be established in Cook
county, Illinois, at any point south of the dividing line be-
tween townships thirty-seven and thirty- eight. Said corpo-
ration may establish and maintain depots in the city of
Chicago, in said county, for the purpose of receiving and
carrying off, from and out of the said city, any and all offal,
dead animals and other animal matter, which they may buy
or own, or which may be delivered to them by the city au-
thorities and other persons.
§ 6. This act shall take effect and be in force from and
after its passage.
Approved March 8, 1867.
#
En force Feb'y .\^N ACT relating to a ferry therein named, across the Mississippi river,
*' ^^^^' opposite tlie city of Lousiana, Missouri.
Preamble. Whereas, by an act of the legislature of the state of Illi-
nois, approved February 19th, a. d. 1859, W. & F. Bur-
nett, their heirs and assigns, were authorized to establish
and maintain a certain ferry therein named, across the Mis-
sissippi river, opposite the city of Louisiana, Missouri ; and
whereas, all the right, title and interest of the said Burnetts
in and to said ferry have been lawfully and equitably sold
and transferred, by various deeds of conveyance, duly
executed and delivered to one James B. Thurmon, of
Louisiana, Missouri ; now, therefore,
Section 1 . Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That the
Transferor in- s^id Jamcs B. Thurmou, his heirs and assigns, be and they
dividual fran- j^j-g hereby clothed and invested with all the rifflits, privi-
chises and pri- J -j . '^ • i a rr f
viieges. leges and franchises conferred by said act upon said W. &
H. Burnett, subject to all the provisions of said act : Fro-
Proviso. vvded, that all the privileges, rights and franchises con-
tained in said act, as well as in this act, shall be continued
929
and extended to the said Thurmon, his heirs and assigns,
for the period of twenty years from tlie passage of this act.
§ 2. This act shall take effect and be in force from and
after its passage.
Appkoved February 6, 1867.
AN ACT to establish a ferrv across the Illinois river, at Florence. In force Feb'y
9, 186T.
Section 1. Be it enacted hy the People of the State of
IlUnois^represented in the G^tieral Assembly, That Geort^e nidividuai pow-
W. Babbitt is hereby authorized and empowered to estab- fe^es!"^ ^^'^''
lish and operate a ferry, with either steam or horse power,
across the Illinois river, between Florence, in Pike county,
and Harris' Landing, in Scott county, with the privilege,
during high water, of boating to and from any point of
landing on either side, between the mouths of creeks known
as Big Blue and Little Blue.
§ 2. The said George W. Babbitt, his heirs and assigns, Period of exist-
are hereby authorized to operate said ferry, for and during """'' "*"
the period of thirty years, and charge for services such toll
or ferriage as is charged by other steam or horse ferries, as
the case may be, on the Illinois river,
§ 3. This act sliall be in force tVom and after its pas-
sage.
Approved February 9, 1867.
euce, etc.
AN ACT to amend an act entitled "An act to establish a ferry at Chester, in force Febvu-
in the county of Randolph, on the Mississippi river," approved January aryl2, 1867.
nth, 1849, and an act to amend the same, approved February 21st, 1859.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That, ivom. Regulation of
and after the passage of this act, the rates of ferriage al- ^«'^«« '''" ''"''•-
lowed to be charged by the ferry established by the act to
which this is an amendment shall be regulated semi-annu-
ally, on the first Saturdays of March and October of each
year, by the mayor and board of aldermen of the city of
Chester, in the county of Randolph.
§ 2. That all acts or parts of acts in conflict with this contrareniHg
act be and the same are hereby repealed, *°'^ repealed.
§ 3. This act to be in force from and after its passage.
Approved February 12, 1867.
Yol. 1—80
In f..rce Feb'y AN ACT to incorponitc the Chalk Bank Ferrv Company.
IS, 1S67. . 1 -
Section 1. Bo it enacted bij the Feojjle of tlie State of
Illinois^ represented in the General Asstmhly^ That Win.
H. Logan, Jolm Evens, sr., James V. Logan, John L.
Garner, and Philip E. Van Frank, and their associates,
successors and assigns, are hereby created a bod^^ corporate
Name and style and politic, by the name and style of " Chalk IBank Ferry
Company," and by that name shall have thirty years suc-
Powers. cession ; may sue and be sued, plead and be impleaded,
defend and be defended, in all courts and places ; may have
and use a common seal, and the same renew and alter at
pleasure ; may acquire and hold real and personal estate, and
dispose of the same at pleasure ; shall be able, in law and
equity, to make and entorce all kinds of contracts ; and
shall be and are hereby vested with all the powers, privi-
leges and immunities which are or may be necessary to
carry into effect the purposes of this act.
Capital stock. § 2. The capital stock of said company shall be ten
thousand dollars, and may be increased at the option of the
stockholders, to such amount as they may deem necessary
to carry out the provisions and intentions of this act; shall
be divided into shares of one hundred dollars each ; shall
be considered personal property, and shall be transferable
on the books of the company in such manner as the by-laws
of the company may direct ; and at any stockholders' elec-
tion, any person who is a stockholder shall be entitled to
one vote for each share owned by them, upon which in-
stallments due have been paid ; and any stock upon which
any installments are not paid when called for and notice
given, as may be directed by by-laws, may, by the board
of directors be declared forfeited'^ to the com'panv.
Directors. § 3. The immediate government and direction of said
company shall be vested in a board of directors, of not less
than three members, who shall be stockholders, and who,
excepting the lirst board, shall be chosen by the stockhold-
ers— to hold their offices for one year after their election,
and until others are duly qualitied. The persons hereinbe-
fore named as corporators shall constitute the first board of
directors, and shall have power to do all things necessary
for the organization and management of said company.
The said directors, a majority of whom shall constitute a
quorum for the transaction of business, shall elect one of
their number to be president of the company ; may elect or
appoint such other officers and agents as they niay think
proper; niay fill vacancies in the board, occasioned by
death, resignation or disqualification of its members : may
receive subscriptions for stock and issue certificates therefor";
may make such rules, regulations and by-laws, for the
government of said company, the management of its affairs,
FERPaF^. 031
and the transfer of its property ; and do such other acts in
ret^ard thereto as to them may seem fit, not inconsistent
with the laws of this state or of the United States.
§ 4. The said company are hereby authorized to estab- ^"(■^^ns"'^
I'sh and keep a ferry or ferries across the Mississippi river
from town ten south, range four west of the third principal
meridian, and in the county of Jackson, in this state, to the
Missouri shore, and use boats or other craft, propelled by
steam or other power ; and possess, use and enjoy all the
rights, privileges and franchises and immunities necessary
for the safe transportation of persons and property ; and
may collect such rates of fare or ferriage for the transporta-
tion of person^and property across said river, at said ferry,
as they may deem ht, not exceeding as follows, to-wit: For
every person on foot, twenty cents; for every horse and
mule and rider, forty cents; for every head of horses, mules
or cattle, led or in droves, twenty cents ; for every head of
sheep or hogs, ten cents ; for every wagon or carriage,
drawn by one horse or other animal, sixty cents ; for every
wagon or carriage, drawn by two horses or other animals,
seventy-live cenls ; for each additional horse or other ani-
mal, in one teaui, twenty cents ; for other property, such
rates as may be agreed upon : Provided, however, that this
act shall be subject to any alteration or amendment by the
general assembl}^ of this state.
^ 5. In consideration of the establishing and maintaining Entitled to
•If • ^ •^- IT- iP beneficial pro-
ot said terry, said company shall be entitled to the beneti- visions of car-
cial provisions of sections nine, eleven and twelve of the **'° ^®'^'^°°^'
forty-second chapter of the JRevised Statutes of 1845, en-
title^d " Ferries and Toll Bridges," and approved March 3d,
1845, and shall be exempt from paying license tax.
§ 6. The said company is hereby further authorized to Business, pow-
construct or build landings, wharves, levees, ferry houses I'eles." ^"^''
and other buildings, to receive and keep property thereon
or in on storage, and collect charges therefor ; to locate and
construct roads from their landings to any public road in
the vicinity; and they shall be allowed the right of way
over any lands for that purpose ; and in case of disagree-
ment between said company and the owner or owners of
land required for any of the aforesaid purposes, the price or
damages shall be estimated, fixed and recovered in the man-
ner provided in an act entitled ''An act to amend the law
condemning right of way for the purpose of internal im-
provements," in force June 22d, 1S53 ; and the said com-
pany shall be entitled to all the beneficial provisions of that
act.
§ 7. The said company is hereby authorized to consoli- consolidations.
date with any corporation that is now or may hereafter be
chartered by or organized under the laws of the state of
Missouri, and authorized to establish a ferry across the Mis-
sissippi river, at or near the place specified in this act.
932
§ 8. This act shall be deemed and taken as a public act
and be in force from and after its passage.
Approved February 18, 1867.
In force [''eb'y AN ACT to amend the charter of the Madison County Ferry Company-
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly^ That " The
^capftaf stock!^ Madison County Ferry Company " is herebf' authorized to
increase its capital stock to two hundred thousand dollars
($200 000,) and thereafter, from time to time, to such amount
as the directors of said company shall see proper and to di-
vide the same into shares of such amounts as they shall
deem most advisable.
■'directorV'^ § ^- '^^^^ ^^^^ election of directors of said company
shall take place on the first Wednesday of April, a, d. 1867;
and elections of directors of said company shall be held
every four years thereafter, in perpetual succession. The
present acting directors, and all directors hereafter elected,
shall hold over until their successors shall be elected and
qualified. In case any director shall cease to be a stock-
holder, his office shall become vacant, and such vacancy and
all other vacancies in the board of directors shall be filled
by the remaining directors. Each share in the capital stock
shall be entitled to one vote in the election of directors.
This act shall be in force from and after its passage.
Approved February 20, 1867.
I" I'/WcT^'^"'^ ^^ ^^"^ ^^ establish a ferry in the county of Crawford, across the Wtbash
' ■ river, in town seven nortli, of range ten (10) west.
Section 1. Be it enacted hy the People of the State
of Illinois, represented in the General Assembly : That
^iovl '""counry Chester H. Fitch, of the county of Crawford, and state of
»cross the Wa- HHnois, his hcirs or assigns, are hereby authorized to estab-
lish and maintain, for a period of twenty-five years, from
the date of the passage of this act, a ferry, in the said county
of Crawford, across the Wabash river, upon land belong-
ing to said Fitch, viz : the northwest fractional quarter of sec-
tion number eighteen (18), in township number seven (7) north
of range number ten, (10) west of 2nd principal meridian.
Landings and § 2. Said Fitch his heirs or assigns, shall make all the
necessary landings or roads that may be necessary to in-
FEKRIES. 933
sure the safety and convenience of persons and property
crossing said ferry, the road or landing up the river bank,
from which, shall not exceed a slope of five degrees from
the horizon, and shall be kept in good and safe repair, by
a pavement of stone, timber or otherwise, and when not so,
no tolls shall be charged for crossing at said ferry.
§ 3. Said Fitch, his heirs or assigns, shall receive, for Rates of tou.
the use of said ferry, such a rate of tolls, not exceeding the
rates* charged on the Ohio or Waliash rivers at Yincennes,
or elsewhere; which said rate of tolls shall be posted up
near said ferry, so that all persons, desiring to cross the
same may see them.
§ 4. Said Fitch, his heirs or assigns, shall pay into the Pay the yearly
treasury of Crawford county a yearly tax or license of twen- ^^^'
ty-five dollars; which amount shall, if necessary, be expend-
ed under the direction of said county court in keeping in
repair the road leading to said ferry. And the following
shall be the maximum rates of tolls charged at this or other Maximum ratei
ferries in said Crawford or adjoining counties. For each
carriage or wagon and six horses or mules, 4:5c; for each
carriage or wagon and four horses or mules, 40c ; for each
carriage or wagon and two horses or mules, 25c; for each
carriage or wagon and one horse or mule, 20c ; for each
horse and rider, 10c ; for each foot passenger or loose horse,
5c; for each head of neat cattle, 10c; for sheep and hogs,
less than five head, each 5c ; for all over five head, each 3c ;
§ 5. That chapter forty-two of the Revised Statutes of Reference to
eighteen hundred and forty-five, in relation to toll bridges ftlV.^^"^
and ferries, so far as the snine are applicable, are hereby re-
ferred to and made a part of this act, which shall take effect
and be in force from and after its passage.
Approved February 19, 1867.
AN ACT to establish a ferry at Evansrille, on the Kaskaskia river. in force March
23, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assenihly^ That Mi- ''^M-''r'*fwai«**/
chael Walsb, of the county of Randolph, his heirs and as- to establish
signs, be and they are hereby authorized to establish a fer- ^^"^"
ry at Evansville in Randolph coiinty, on the Kaskaskia riv-
er, and to keep the same in operation for the term of twen-
ty years from and after the passage of this act.
§ 2. The said ferry authorized to be established by the ^'ame•
first section of this act shall be known as the " Evansville
Ferry Company," and by that name may plead and be im- ,
pleaded, sue and be sued in all the courts of law and equi-
ty in this state.
934
§ 3, Ko ferry shall be established within one mile be-
low or one mile above said ferry during said time, either
by state or county authority, unless it shall have been de-
termined, by legal investigation that the said Michael Walsh
has failed to comply with the terms ol" this charter.
§ 4. This act shall be in force from and after the — day
of March a. d. 1867.
Approved February 23, 1867.
Iki force March AN ACT to authorize Greene P. Garner to keep a ferry across the Cache
8, IStJT. river, at Unity, Alexander county, Illinois.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General AssemUy, That Greene
Termor. P. Gamer, his heirs and assigns, shall have the right, and
they are hereby authorized to establish and keep a ferry,
for the term of ten years from the passage of this act,
across Cache river, at Unity, in Alexander and Pulaski
counties.
Obligations of § 2. The Said Greene P. Garner shall at all times keep
grantee. good and Sufficient boats for the speedy passage and safe
transportation of passengers, teams, horses, cattle and other
animals, as well as goods and effects belonging to passen-
gers, and shall furnish such boats with men of sufficient
skill and strength to manage them, and shall charge and re-
ceive sucli rates of ferriage as may be allowed him annually
by the county courts of Alexander county and Pulaski
county.
Exclusive piivi- § 3. Said Greene P. Garner, his heirs and assigns, shall
^^^^^' have the exclusive privilege of ferrying at said place of
Unity, across said Cache river, and for one-half mile each
way up and down said river from the landing of his said
ferry, unless the said Garner, his heirs or assigns, shall
fail to comply with the provisions of this act; then and in
that case, all rights and privileges acquired herein shall be
forfeited ; and the power to modify, alter or repeal this char-
ter, whenever the public good may require, is reserved ;
said ferry to be taxed annually, as the county courts of
Alexander and Pulaski counties may direct.
§ 4. This act to take effect and be in force from and
after its ])assage.
Approved March 8, 1867.
935
AX ACT to ainciul an act entitled "An act to establish a ferry across the in force Marcli
Kaskaskia river, at Athens, l?t. Clair county, Illinois," approved Febru- 8,1807.
ary the 16tli, 1857.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assembly, That section seciiouiamen-
one of said act be so amended as to read "for and during '^"'•
the term of forty years," instead of for and during the term
of twenty years.
2. This act shall take effect and be in force from and
after its passage.
Approved March 8, 1867. ♦
AN ACT to incorporate the Chillicothe Ferrv, Eoad and Bridge Company. In force Mnrch
4, 18U7.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That John H. corporators.
Batchelder, Samuel C. Jack, Jlenry Truitt, Harvey JIoU-
man, Jlenry Hosmer, William Hunter, James Piper, Jacob
Jones, Jefferson Hushaw and William Crank, and their
associates and assigns, are hereby created a body politic, by
the name and style of "The Chillicothe Ferry, Koad and Name and style
J-Jridge Company ;" and by that name may have per]jetual
succession ; may sue and be sued, implead and be impleaded corporate pow-
in all courts where legal proceedings are had ; contract and
be contracted with •, may procure, by purchase or condem-
nation, and hold all necessary corporate property ; may
make all needful by-laws and rules for the government of
said company ; and may appoint all otticers and agents
deemed necessary for that purpose.
§ 2. The capital stock of said company shall be thirty capital stock.
thousand dollars, and shall be divided into shares of one
hundred dollars each : Provided, s?id company may in-
crease said capital stock to one hundred thousand dollars,
if the same shall be deemed necessary to carry into effect
tlie provisions of this act, the additional stock to be divided
into shares of one hundred dollars each. The affairs of
said company shall be managed by a board of live direc- Management of
tors, three of whom shall be a quorum to do and perform ''^*''^"'"-
the business of said company. And as soon as fifteen
thousand dollars of stock shall be subscribed, said corporate
members shall call a meeting of the stockholders of said
company, at which said meeting shall be elected live direc-
tors, who shall hold their office for one year or until their
successors shall be elected and qualitied ; and at all elec-
tions held by the stockholders of said company each stock-
holder may vote personally or b} proxy, and cast one vote
936
FEEKIES,
for each share of stock held by such stockholder. The
time and place of holding the first election may be fixed by
a majority of said corporate members; and all subsequent
elections shall be held and regulated by the by-laws of said
company.
^e"l'° nd' p^r?^'. ,. § ^^ ^aid Company, when organized by the election of
leges. directors, as aforesaid, shall be empowered and are hereby
authorized to establish and run a ferry across the Illinois
river, at Chillicothe, Peoria county, Illinois, under a former
terry privilege, granted January 20th, 1861, by the le^isla-
tiire of the state of Illinois, to John H. Batchelder^'and
Jizra Spragye, upon making satisfactory terms with them or
their assigns ; and to lay out, open and maintain all neces-
sary roads and highways, as approaches to the same; and
m case said company shall hereafter deem it advisable or
necessary, they may also erect across the Illinois river at
or near the line of said ferry, leading from Chillicothe' to
the east bank of said river, a good and sufficient bridae, for
Proviso. the accommodation of the public travel: Provided that
said bridge shall be so constructed and built that it shall not
materially obstruct the navigation of said Illinois river, and
tor the purpose of constructing and maintaining such ferrv
road and bridge, and all embankments, approaches, toll
houses and dwelling houses for collectors of toll, and such
other works as may be requisite for said ferry, road and
bridge, the said company may take possession of and use
so much ot the bed and shores of said river, or any public
highway, street or alley of said village of Chillicothe, as
shall be necessary. The said company shall have the same
privileges, in preserving the right of way and materia! for
the building and maintaining of said ferry, road and bridf^e
as are allowed officers of highways under the township or-
ganization law.
^r'^coCot §,^- ^"^aid company is hereby further specially empow-
road.sete. ered to construct and build a road, in such manner as they
may see fit, across sections five (5), four (4), nine (9) and
ten (10), m township twenty-eight (28) north, of rano-e
three (3) westof the third principal meridian, in Woodford
county, Illinois, and are empowered to purchase said sec-
tions, or so much as they may desire, or in case they do
not choose to purchase the same, to condemn the right of
way across said sections, at least three hundred feet in
v/idth, in the same manner as is now provided for the con-
struction of public highways. Said companv, upon payino-
such damages as may be assessed, shall own the riMit o^'
way 80 condemned as atbresaid. ^
"ioSlngl"''' . ^ ^- Said company shall have the exclusive and scJe
right to tlie landing and ferry and bridge privileges of said
river for the distance of one and one-half miles above the
toot of Pine street, in the village of Chillicothe, and also
tor the distance of one and one-half miles below said Pine
FERRIES. 937
street, within which said distance no ferry or brido;e privi-
leges shall be granted during tlie continuance ot" tliis char-
ter. And said company shall also have the sole and exclu-
sive control of therightof waj'' across the sections aforesaid.
§6. The board of directors shall have power to make ^^uiesand regu-
all needful rules and regulations to carry into effect the pro-
visions of this act.
§ 7. This act shall take effect and be in force from and
after its passage.
Approved March 4, 1867.
AN ACT to establish the Valley Ferry Company. In ^e'Tser^*'"'^'
Section 1. Be it enacted by the People of the State of
Illinois^ represented in the General Assemhly, That David
T, Linegar, Patrick II. Pope, James S. Morris, J. Keed,
John Hodges, Alexander H. Irvin and H. Watson Webb,
and their associates, heirs and assigns be and they are hereby
constituted a body corporate and politic, by the name and Name and style,
style of " The Valley Ferry Company," and bv that name
shall in law, be capable of suing and being sued, pleading
and being impleaded, answering and being answei'ed unto,
in all courts and places whatsoever; may have and use a Powers,
common seal, and may alter and change the same at pleas-
ure ; and, in their corporate name, shall be capable in •
law to purchase, hold, use and convey any estate, real, per-
sonal or mixed, that may be necessary for the use of said
ferry.
§ 2. The said corporation are hereby authorized and ^j°^'J|p°" ^^
empowered to establish and maintain ferries over the Ohio
river, to the state of Kentucky, and over the Mississippi
river, to the state of Missouri, within three miles of the
junction of the said Ohio and Mississippi rivers, in Alexan-
der county, in this state.*
§ 8. The capital stock of said company shall be twenty- capital stock,
five thousand dollars, which shall be divided into shares of
fifty dollars each, which shall be taken and held to be per-
sonal property. The capital stock of said corporation may
be increased, when the stockholders shall deem such increase
necessary for the object herein contemplated.
§ 4, The management of the company shall be in the i^'^'ecttrs.
hands of seven directors, and the persons named in the first
section of this act shall be the directors for the first year
after the organization, and said organization shall take
place within two years from the passage of this act.
§ 5. Said company, hereby created, shall, within two
years from the passage of this act, establish and maintain
93S FERRIES.
^^ a steam ferry boat, of sufficient capacity to accommodate the
jigaiona. public, at the point named in section two of this ciiarter
and any failure of said company, after the estabh'shment of
said ferry, at any time, to keep such steam ferry boat to
accommodate the public, for the space of six months, shall
work a forfeiture of this charter.
plates of feni- § G. When the said ferry is established, it shall and may
be lawful for the said company, their assigns and successors
to demand and leceive from all persons crossing said feny
such rates of ferriage as may be established and allowed by
Proviso. the corporate authorities of the city of Cairo: Ptomded,
such rates are not below the rates allowed to similar ferries
on the Ohio and Mississippi rivers, in Illinois,
"^Iweroiftock , § ''• The board of directors shall have power to require
the payment, Ironi time to time, of such sums on each share
as they may deem necessary, and in their by-laws declare
what shall constitute a forfeiture of stock for failure to pay
the amounts as required.
fiovernment. § 8. The fciTy hereby granted shall be, in all respects,
governed by the general laws regulating ferries, toll bridges
and turnpike roads, so far as they are applicable, except^as
is herein otherwise provided.
^^^^7) "I 'i"^^^ § ^- "^^^'^ '^^^ ®^'^'l ^^^ ^" ^'^I'ce from and after its passacre,
and the rights and franchises granted by it shall continue,
within the limits named, for twenty five years after its pas-
sage,_ after such time the legislature may'alter, amend or re-
peal it, as the public good may require.
Approved March 6, 1867.
^" I'i'^SGT'!''"'' '^^' '^'^'^ ''* ''^I'C'^l P^f"' "f ^=1 act and re-enact parts of another act named
herein.
Section 1. Be it enacted by the Feojyle of the State of
Illinois, represented in the General Assembly, Ihat scc-
^oof Sny '"'"'^' ^^'^" ^"e of " An act to amend an act entitled an act to in-
corporate the Wiggins Ferry Company," approved Februarv
seotion repealed Seventeenth, a. d , eighteen hundred and fifty seven, be and
the same is liereby repealed.
section re-cn- § 2. All that part of an act, entitled "An act to incor-
po)-ate the Wiggins Ferry Company," approved February
eleventh, a. n., eighteen liundred and fifty three, (1853),
which was repealed by the act first above referred to, is
hereby declared to be re-enacted ami in full force and effect.
J^ 3. This act shall be a public act, and in force from and
after its passage.
• This bill having remained with the governor from the last day of the regular session
ot the twenfy-fiflh scneral as-cnibly, who, by their adjournment, prevenfed its retnra
witbm ten days, nnd not having been returned on the first dav of the meeting of the
general assembly, alter tlie expiration ot said ten days, has become a law, and is fdcd
in this office, this 12th day ol June, a. n., 18ii7. SHARON TYNDALE, Sec-y of State.
939
AN ACT to establish the Farmers' Ferrv Company. In force Feb'y
25, 1S6T.
Section 1. Be it enacted hj the People of the State of
Illinois, represented in the General Assembly, Tluit Tyler
J. Irish, Jacob Yager, Samuel Deneen, George Bickelhaupt,
sr., and John L. Irwin and their associates, successors and
assigns, be and they are hereby created a body politic and
corporate, by the name and style of "The Farmers' Ferry Name and stylo
Company ;"' and, by that name and style, they and their
associates, successors and assigns, are hereby made capable
to contract and be contracted with', to sue and be sued, to
plead and be impleaded, in all courts of law and equity; to
make and use a common seal, and to alter and change the
same at pleasure. The said company shall have the exclu-
sive right, within the limits hereinafter de-^ignated, for the powers, etc,
term of twenty-five years, of establishing, landing, main-
taining and operating a steam ferry, on and across the
Mississippi river, at and from the Illinois shore, and due
west or opposite of the terminus of a certain railroad switch
or track, which said track or switch branches off from the
St. Louis, Alton and Terre Haute Railroad Company's
main track, and is known as the rolling mill track, or switch
— the same being about one-half mile north of the town of
Venice, in the county of Madison, state of Illinois. And
the said company shall have the right to establish, maintain
and operate said ferry at and from any point, not exceeding
one-half mile north of said railroad track or switch, and at
and from any point not exceeding one-half mile south of
said railroad track or switch,
§ 2. The said company shall, from and after said ferry Requirements
shall be put into operation, and during the term aforesaid, a°^ obligations
keep a good and substantial boat or boats, to be propelled
by steam power, and transport across said river all persons,
whether on foot or on horseback, wagons and teams, all kinds
of stock and other property or freight, demanding to be
crossed at said ferry, except when the river is in a condition
that it can not be crossed with safety, and shall not delay
at either shore longer than one hour when persons are wait-
ing to be crossed.
§ 3. Saici company shall have the power to purchase and May purchase
hold real estate, not exceeding three-quarters of a mile, fain ^prope^ty
along and in tront of the Mississippi river, and running poses!'*'*'"^"'^'
back or east one-half mile, within the points or limits as
hereinbefore designated for the erection thereon of any
warehouses or elevators, extending in the Mississippi river
to low water mark, for the purpose of storing freight and
other property, and carrying the same to any city or place
in the United States. If such lands can not be acquired by
voluntary purchase from the ownei'S thereof, on terms mutu-
ally s:ttistactorj to said company and the owners of such
9J:0 FERRIES.
lands, then said company shall have power to condemn such
lands, under any law or laws of the state of Illinois, for con-
demning lands for public uses, including the law uf Jane
22, 1852. And the said company shall have power to lay
and construct railways over any part of their grounds.
Rates .f ferri- § 4. The Said couipany shall be allowed to charge and
^"*' receive such rates of ferriage, and no more, as shall be pre-
scribed by the county court of Madison county, Illinois, to
be tixed, not oftener than once in each year, by said authori-
ties.
Time to supply § 5. That should the boat or boats used in running the
Tncase^of lossf ^'^^^ fcrry be sunk or otherwise rendered unfit for use, a
reasonable time will be given tor said company to supply
their place with other boats.
Easiness and § 6. The business of said company shall be under the
du-ectioa. entire control and management of five directors, to be chosen
by the stockholders of said company, which directors shall
choose one of their number to preside over their delibera-
tions. Said directors shall continue in office one year, and
until their successors shall be elected and qualified.
Capital ^tnnk. § Y. The Capital stock of said company shall be fifty
thousand dollars, and may be increased to two hundred
thousand dollars, to be divided into shares of one hundred
dollars each. The said directors may require all or any
per centum of the stock to be paid in cash at the time of
subscribing for the same.
Commissioners § 8. The persous hereinbefore named, their associates, suc-
scHptj^'n^. "' ' cessors and assigns, are hereby appointed commissioners,
whose duty it shall be to open books for the subscription of
stock of said company, at such time and place as they may think
proper, by notice, published in two newspapers published
in said county, at least ten days previous to the opening of
the books for subscription of stock — said books to remain
open until all the stock is subscribed, or until otherwise
directed by said directors.
Notice of eiec- § 9. As soou as twciity-five thousand dollars of the
uonof <^"'ect- g^pj|..^l stock of Said company shall be subscribed, the said
commissioners shall give notice to the stockholders, in the
manner prescribed in the sixth section of this act, that an
election will be held for the purpose of choosing five direc-
tors of said company ; and such election shall be held at
the time and place previously appointed and advertised.
Each stockholder present shall be entitled to give one vote
for every share of stock owned by him. The said commis-
sioners, or such of them as may be present, shall be judges
of the first election of directors, and shall certify under their
hands, the names of the persons duly elected to the office of
directors ; and the commissioners shall deliver to said
directors the subscription books, together with all moneys
paid to them on stock.
FERRIES. 941
§ 10, Elections of directors, subsequent to the election piaceofei.cuon
provided for in the preceding section, shall be held at some
place in this state, within five miles ot said ferry landing,
at such place und at such time in the month of June, in
each year, as the directors may think proper. For this pur-
•pose the directors are required to give ten days' previous
notice, in the manner prescribed in the ninth section of this
act, and to conduct the election in the same manner as the
commissioners are required to conduct the election provided
in the said ninth section. If from any cause, an election
shall not be made at the time appointed, such omission shall
not aifect the existence of the company, but the president
shall, in such case, appoint another day_ as soon thereafter
as mav be for the holding of such election.
§ li. The president and directors shall have power to By-iavrs.
make all by-laws and regulations that may be necessary for
the transaction of business of the company, and to alter or
amend the same, as may be necessary.
^ 12. The eleventh section of an act entitled "An act to mh lecUon re-
incorporate the Madison County Ferry Company," approved p^*'^'^-
February 3d, 1S40, be and the same is hereby repealed.
So much of the act referred to in this section as may con-
flict or be inconsistent with this act be and the same is here-
by repealed.
13. This act shall be deemed a public act, and take
effect and be in force from and after its passage.
Approved February 25, 1867.
AN ACT to establish a Ferry therein named. In force Febru-
ary 25, 18C7.
[Section 1.] Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Ben-
iamin F. Flesher,his heirs and assigns, be and they are here-
by authorized to establish a ferry, and keep and operate the
same for the term of twenty years, from and after the pas- Term.
sage of this act, across the Wabash river, sixty rods below
Bowen's bluff, and about one and one-eighth miles above Location.
the town of Darwin, in Clark county, Illinois, to the op-
posite shore.
§ 2. It shall be the duty of said Benjamin F. Flesher, corporators'
his heirs and assigns, to keep on hand at all times, good and
sufficient boats furnished with persons of suitable strength
and skill to insure a safe and speedy passage at said ferry.
§ 3. It shall be lawful for the owners of said _ ferry, to Rates of fees,
demand and receive fees for ferriage at the following rates,
viz : for four wheeled wagons or carriages with four horses,
mules or oxen in one team, forty cents ; for every four
Exclusi
vileses
^^2 FERRIES,
wheeled wagon or carriage with three horses, mules or ox-
en in one team, thirty cents; for every four wheeled Avacrou
or carriage with two liorses, mules or oxen, twenty-live cents ;
for every two wheeled wagon or carriage with one horse or
mule, twenty cents ; for every four wheeled wagon or car-
nage with one horse, twenty cents ; for every man with a
horse or mule, ten cents; for every led horse or horses in
droves, five cents each ; for all cattle, at the rate of five
cents per head ; for all sheep or hogs, live cents per head.
- § Jr. The county court or board of supervisors of said
countv of Chirk, shall not daring the existence of this act,
authorize the establishment of any new ferry within one-
half mile of the ferry hereby established, unless the said
Flesher, his heirs and assigns, shall fail to comply with the
Proviso. provisions of this act: Provided, that the county court or
board of supervisors of said connty, may alter and chancjc
the rates of toll herein allowed, whenever the public ^^-ood
• requires such change. "^
Government. § ^- "^^^^ ^Grry hereby granted, shall in all respects be
governed by the law regulating ferries and toll bridges.
Acts approv..d § ^- That au act entitled '' All act to auieud an"aet en-
yi^S^^y ^t\ed an ' act to establish a ferry therein named/ approved
7,^^801, amen- 1 ebruary 13, a. d. 1857," which act was approved February
7, 1861, be, and the same is hereby amended so as to strike
out the words " two miles " where it occurs in section first
ot said act, and insert the words "one mile" leaving the
whole of the sixteenth line of section three of the original
act, the same as before the passage of the said amendinf'
act, approved February 7, a. d. 1861. ^
Approved February 25, 1867.
'" 26 TsG7^'^'^ ^^ ^^'^ ^'^ '°"^™ "'" *™^^^^^ °f tl^<5 Beardstown ferry, to regulate the ii-
t^'cnse thereof and the rates of ferriage thereon.
Preaml
Whereas Nancy Beard, of Beardstown, Illinois, widow
ot Ihomas Beard, late of the same place, has sold and trans-
lerred, to Luther A. Jones and Seth Thompson, also of
Beardstown, Illinois, all her right and title in a ferry tran-
chise, across the Illinois river at Beardstown. Illinois, now
therefore.
Section 1. Be it enacted hy the People of the State of
m^nots, represented in the General Assemhly, That the
c^nfinnaiion of said Luthcr A. Joucs and Seth Thompson, of Beardstown,
Illinois their heirs and assigns, are hereby contirmed in
the right transferred to them as aforesaid, and they and their
lieirs and assigns, are hereby authorized to establish and
maintain lor a period of twenty-tive years from the date of
FERRIES. 04:3
the passage of this act, a ferry across the Illinois river, op-
posite the city of Beardstown, ia tlie county of Cass, at all
the regular ferry landings in the county of Cass, and the
county of Schuyler, and state of Illinois, also upon any land
belonging to them or under their control, on either shore of
said river, and also that during high water they may land
at the town of Frederick, in Schuyler county, and no other
ferr\' shall be established within three miles thereof.
§ 2. The amount to bo paid by Messrs. Jones andThomp- Compensation
son, the proprietors of said ferry, or their heirs or assigns,
to the city of Beardstown, from and after the tirst day of
March, 1S67, for license, shall be two hundred dollars per
year, payable quarterly to the treasurer of said city. The
city of Beardstown shall also have the right to regulate and
control the rates of toll lor crossing the said ferry.
§ 3. The said city of Beardstown shall have the right, Ri^^his oi pur-
at any time after the tirst day of March, 1875, to purchase '^^'^^®"
the said ferry franchise, with all their rights, privileges and
appurtenances, belonging thereto, and all the boats, tackle,
etc., by paying to the proprietors thereof, the au}Ount paid
by Luther A. Jones or Jones and Thompson, to Nancy
Beard, for the ferry franchise and a fair value for the said
boats and tackle, in use on or about the said ferry at that
time, such value to be ascertained by the appraisement of
three disinterested persons, one of wliom is to be choscn by
the city, one by the proprietors of the ferry and one by
these two.
§ 4. All acts and parts of acts in conflict herewith are conflicting acu
hereby repealed. * lepeaec.
§ 5. This act shall take effect and be in force from and
after its passage.
Approved February 26, 1867.
AX ACT to incorporate the Cincinnati Ferry Company. In force Feb'y
Section 1. Be it enacted by the People of the State of
lllijiois, represented m the General Assemhty, That P. II. corporatora.
Davis, James Wallace, Charles I. Brewster, Amos Morey,
J. "W. Evans, Samuel Davis, Calvin Davis, Lewis Angle,
John Spencer, W. F. White, M. D. Massee, James Blain,
and their associates, successors and assigns, be and they
are hereby constituted a body politic and corporate by the
name and style of "The Cincinnati Ferry Company," for Name and ?tyi e
the term and period of twenty-live years ; and by that name
and style may sue and be sued, plead and be impleaded in
all courts of law and equity; may have a connnon seal, and
alter or change the same at pleasure ; may contract and be
Oil
contracted with, as natural persons; may receive, by gift,
demise or purchase all necessary real or personal property,
and hold or convey the same and such kind, value and
quantity thereof, as in the opinion of the board of directors
hereinafter established, to be settled by the by-laM's of said
corporation, may be deemed necessary to the successful
operation and business of said company. Said company
may make all needful by-laws, rules and regulations for the
management of the same, and appoint all necessar3' agents
and attorneys for the transaction of their business.
Directors. g 2_ The Said company shall be managed by five direct-
ors, who shall be elected by the stockholders of said com-
pany, each share entitling the owner to one vote. Said
directors shall elect from their own number a president, and
ma}' appoint such other officers as they may deem necessary.
President The president shall hold his office for the term of one year,
and until his successor shall be elected and qualified. Three
of said directors shall form a quorum for the transaction of
business.
KiefUon of § 3. The first election of directors shall be held at such
tiueetoij. ^jj^^Q j^j^j place as may be fixed by the commissioners here-
inafter named, for opening books and receiving subscrip-
tions to the capital stock of said company'. Said commis-
sioners shall give at least two weeks' notice of the time and
place of holding said election, by posting up three of said
notices in the town of Barry, and two in New Canton, in
Pike county, and by publishing a similar notice thereof in
some newspaper printed and published in said county. All
subsequent elections after the first shall be held at such
time and place as may be fixed by the by-laws of said com-
pany.
Capital stock. § 4. The Capital stock of said company shall be five
thousand dollars, which shall be considered personal pro-
perty and be divided into shares of fifty dollars each. How-
ever said capital stock may be increased to any amount
sufficient to provide said ferry with proper and necessary
boats, equipments and hands for running the same in good
order and condition for all the purposes named in this" act;
and said company is hereby authorized and empowered to
May borrow borrow any sum of money not exceeding five thousand dol-
inonoy. ]j^j.g r^^ j^j^y j-jjj-g of JutQrest, uot excccding ten jier centum
per annum, for the])urposes aforesaid, and to execute bonds
or other writings, evidencing said indebtedness and binding
upon said company.
sni.sciipuon § 5. That M. J). Massee, J. W. Evans, James "Wallace,
r„.nm.«ioners -^^ y^ White and Samuel Davis, or a majority of them,
shall be commissioners for receiving subscriptions to the
ca])ital stock of said company, and shall require at least five
per cent, upon the amount of subscriptions, to be paid down
at the time of subscribing:.
FERRIES. 94-5
§ 6. The shares of capital stock in said company may shares of stock.
be transferred by assignment, and any subscriber to the
capital stock of said company sliall not be responsible
beyond the amount of stock by him subscribed ; and said
company shall have power to sue for and recover, in ^ny
court having jurisdiction of the same, any sum or sums of
.:.oney, which may be subscribed in said ferry, whenever
default shall be made by the person or persons so subscri-
bing, in the payment of such stock or installments thereof,
and no property shall be exempt from execution fur the
collection of such stock, anything in the law to the contrary
notwithstanding.
§ 7. Said company are hereby authorized and empow- Location.
ered to establish and maintain a ferry across the Mississippi
river at Cincinnati landing, on said river, or at some eligible
point within three miles above said landing ; and said com-
pany shall have the sole and exclusive right of ferriage
across said river at said point, and within three miles above
and below the same, and to land upon and run the same «
upon any land now owned, or that may be acquired here-
atter by said company within said limits for the term of
twenty-five years.
§ 8. Said company, their successors and assigns, shall Transportation,
cause their said ferry to be furnished with good and suffi-
cient boats, worked by men, horses or steam power, having
at all times hands of sufficient skill and power to manage
the same, and ready to furnish a safe and speedy transpor-
tation of all passengers, teams, horses, cattle and other ani-
mals, and all goods, wares and merchandise, which may be
brought or come for transportation across said river.
§ 9. Said company shall be and they are hereby author- R^tes of ferri-
ized to charge and receive such rates of ferriage as may be «se.
allowed by the board of supervisors of Pike county, Illinois.
§ 10, The board of supervisors of Pike county shall Taxes.
have power to levy a yearly tax for said ferry privilege, not
to exceed fifteen dollars, which said company may apply to
the improvement of roads leading to said ferry, under the
direction of the commissioners of highways of township
five south, two west, in said county.
§ 11. This act to take efi'ect and be in force from and
after its passage.
Approved February 27, 1867.
7ol. 1-81
^^^ FERRIES.
'" %\mV"'^ ^^ ^^^ ''' establish a ferry across the Mississippi, now opposite the citv
of Alton, in the state of Illinois.
Section 1. Be it enacted hy the Feojyle of the State of
umiois, re^esented in the General Assembly, That Robert
reriod of. C. Berry, his heirs and assigns, shall have the right, within
the hraits hereinafter mentioned, for the term of thirty
years, to establisli, maintain and operate a ferry from the
Location. city of Alton, in Madison county, Illinois, to the Missouri
shore, in St. Charles county, Missouri, from any place on
said Ulinois shore, between the mouth of Hop Hollow and
a point not exceeding five miles down the river therefrom
'iuS "'"'"■ J^,^- The said Eobert C. Berry, his heirs and assie-ns.
shall at all times, during the term aforesaid, keep a good'and
substantial boat, to be propelled by horse or steam power,
and shall on all days, from the rising of the sun till the
going down thereof; transport across the river all persons,
whether on foot or on horseback, wagons and teams and all
kinds of stock and other property demanding to be crossed
at said ferry, except when the river is in a condition that it
can not be crossed with safety, and shall not delay at either
shore a longer time than one"hour, when persons" arc vrait-
ing to be crossed; and upon failure or neglect to comply with
the aforesaid provisions, shall be liable for all dama<^es in-
curred by reason of such neglect. °
F.ates of ferri- § 3. The Said Robert C. Berry, his heirs and assic^ns
^^^- shall be allowed to charge and receive such rates of ferriao-e
and no more, as shall be prescribed by the common council
of the city of Alton, Illinois, and the county court of St.
Charles county, Missouri, to be fixed once in each year by
said authorities. '
s,^ffideney of _ § 4. That the Said Robert C. Berry, his heirs and as-
signs, shall keep a sufficient number of hands to manao-e
said ferry with safety, and assist jn facilitating the crossincr
said river and such small water crafts as be necessary ior
the same.
■^iuppif'^'^new x.^ ^' ■7}'^^ ^^^"^^ ^^^ "^^'-^^ ^"^ boats uscd in running the
boats in case aforcsaid fciTy be sunk or otherwise rendered unfit fo^ use
cf loss, etc. a reasonable time will be given for said pronrietor to sup-
ply their place with other boats ; and if from any cau4
when said ferry can be run, the proprietor fails to keep up
his. ferry for the space of six months at anv one time his
privileges under this act shall cease. " '
§ 6. This act to take effect and be in force from and
after its passage.
Approved February 28, 1867.
947
AN' ACT authorizing Jonathan Simpson, of Henderson county, to estab- In force Fel."r
li?h and maintain a ferry across the Mississippi, river, in Henderson county, ~^' ^^'^"•
Illinois.
Sectiox 1. Be it enacted hu the Feoj^lc of the iState of
Illinois^ reiwesentedin the Gene ml Assembly^ That Jonathan Authority.
Simpson, of Henderson county, his heirs, executors, admin-
ifitrators and assigns, be and they are hereby authorized
to establish, keep and maintain a ferry across the Mississippi
river, for and during the term of ten (10) years, from the Tem of.
passage of this act, from the point where the old state road
leading from Peoria, Illinois, to Burlington, loA-a, termi-
nates, on the eastern bank of the Mississippi river, in the
county of Henderson, at a place known as East Burlington, Location ot.
Illinois, to the city of Burlington, Iowa, with privileges to
said Simpson, his heirs and assigns, of landing their boats
at the western terminus of the said state road, from Peoria
to Burlington.
<^ 2. Thatthe said Jonathan Simpson, his heirs and assigns, Timeor.
shall from and after the first day of July, a. d., 18G7, keep objects an.i
at all times a good and sufficient ferry boat with such other ^"'■P"^^^-
i)oatsas may be necessary for the speedy and safe transpor-
tion of passengers, teams, horses, cattle and other animals
as well as the goods and effects belonging to passengers and
shall furnish said boats, with men with suitable skill to man-
age them, and shall be allowed to receive such rates of fer- ^^^^es of feni-
riage as is now allowed by the county court of Henderson " '
county, which rates may be changed by said court.
§ o. The said Jonathan Simpson, his heirs or assi n^. '^'^-'^^*-
will pay into the treasury of said county of Henderson, such
amount of tax as may be imposed upon said, ferry by the
county court of said county, not exceeding the sum of fifty
dollars ($50) per annum, and the management and regula-
tion of said ferry shall be governed by the " Act to estab-
lish ferries and toll bridges," approved Much 3, a .d, ISiS.
§ 4. That in case of failure by the said Jonathan Simp- Pe"aitie.=.
son, his heirs, and assigns to pay the said tax so assessed,
by the county court as aforesaid, the said court may sue for
and recover the same in an action of debt, before any court
of competent jurisdiction, in said Henderson county.
§ 5. Be it further enacted that the said Jonathan Simp- P"^''1 s^'s.
son, his heirs and assigns, shall have the privilege of land-
ing said boat or boats, at the town of Shokakon, in said
county and for one mile above and below the same, and also
shall iiave the privilege of landing said boat or boats at any
point within one mile of said termination of said old Peoria
and Burlington state road at or near said east Burlington,
where said Simpson or assigns now owns or may here-
after own the land upon the bank of said Mississppi river,
and that no license shall be granted hereafter to any person
018 FEKRIES.
or persons or body corporate, during said term of ten years,
to keep or run a ferry or land at said points named within
this act or within two miles of the same.
Benefits, etc. § 6. The Said Jonathan Simpson shall be entitled to the
benelits of the forty second chapter of the Eevised Statutes,
in regard to ferries, toll and bridges, and should any per-
son or persons, or body corporate, hereafter license or with-
out license, run and land a ferry, within the points named
in this act, they shall bo subject to and incur the penalties
and forfeitures given in said 4-2d chapter, which may be re-
covered by said Simpson or his assigns, as therein pre-
scribed.
§ 7. This act shall take effect and be in force from and
after its passage.
Appkoved February 28, 1867.
In force March AN ACT to authorize Albert High to lieep a ferry at the town of Santa
^> 1^^7' Fe, in the county of Alexander, State of Illinois.
Section 1. Be it enacted by the General Assevihly of
Term of. the State of Illinois^ as foUoios: That Albert High is
hereby authorized and permitted to keei:> a ferry across the
Mississippi river at Santa Fe, Alexander count}^, Illinois,
for the term of ten years from the Urst of April, a. d., 1867.
Exclusive pri- § 2. That it shall not be lawful for any person or per-
viieges. ^ou^ to keep any boat or skilf or other w^ater craft within
one mile of the aloresaid town of Santa Fe, either above
or below said town, for the purpose of crossing either per-
sons or property for pay.
Infringement. g 3. All pcrsous SO offending shall pay a line of not less
than live dollars for each offence to be collected before any
justice of thejjeace, one-half of said fine to go to the com-
plainant or informant, the other half of said fine to go to
the support of the common scliools in said county of Al-
exander.
Obligations and § 4. The Said Albert High binds himself and by this
act is bound to keep sufitcienUand safe boats or water craft
for the crossing of passengers and property, and a failure
to do so forfeits his right to the privileges herein granted.
§ 5. This act to take effect and be in force from and af-
ter the 1st day of April, a. d., 1867.
ArrKovED March 5, 1867.
penalties.
FIEE DEPARTMENT. 94:9
AN ACT to ainond an act entitled "An act to establish a board of fire cu- iS torce Feb'y
jlineers, and to re-organize tlie lire department in tiie city of Quincy, '^^> ^*^"-
Illinois.
Section 1. JJe it enacted by the Peo-pU of the State oj
Illinois, represented in the General Assembly, That all p.Y',^.'^*^^';^^:,^.
that part of the act "to establish a board of tire encjineers, ^^'gj^''^:^]^^,^^^'
and to re-organize the lire department of the city of Quincj, *"'' '^''*'''
Illinois," approved February IGth, 1805, comprised within
section eight of said act be and the same is hereby repealed,
and that the city council of the city of Quincy shall hereaf-
ter annually cause to be appropriated, out of any moneys
that may be ])aid into the city treasury, the sum of six
thousand dollars, for the use and support of the fire depart-
ment of said city, which said appropriation shall be made
at the regular ai'eeting of the said city council in the month
of May, succeeding the passsge of this act, and annually
thereafter, and the amount thereof placed in the hands of
the city treasurer subject to the order of the board of tire
engineers of said city of Quincy, and shall be applied by
them to -the maintenance and support of the Quincy fire
department, and for no other purpose whatever.
I 2. To assist the city council in making the appropria- Assessments on
tion required in the preceding section, they shall have 'ifanYes^etc."*'"'
power to levy and collect from each and every fire insu-
rance company and from each and every lire insurance
agent or agents, for each and every company represented
by him or them, and doing business in said city, an annual
sum for license, not exceeding twenty-five dollars for each
and every company so represented or doing business in
said city ; and said city council is further empowered to
levy and collect annually upon the gross receipts of all fire
insurance companies located in said city, tor cash premiums
upon insurance effected in said city, a tax of two and one-
half per cent., and upon the gross receipts for cash pre-
miums upon insurance effected in said city by any agent or
agents representing lire insurance companies not located in
said city but doing business therein, a tax of five percent,
per annum, and the said city council may require the secre-
tary of each and every fire insurance company located in
said city, and the agent or agents of each and every fire in-
surance company, not located in said city, but doing busi-
ness therein, to file annually, at such time as the council
may, by ordinance direct, at the office of the city clerk of
said city a sworn statement of such gross receipts, upon
which said tax shall be levied.
§ 3. This act shall be deemed a public act, and take ef-
fect and be in force from and after its passage.
Appkoved February IS, 1867.
FIRE DEPAKTMENT.
Jn force Feb'y AN ACT to amend an act entitled "An act to incorporate the Arab Fire
25' ^^*''^- Company, of Cairo, Illinois."
Section 1. Be it enacted hy the People of the IState of
Illinois^ represented in the General Assembly, That the
indebiedness. "Arab Fire Compaii}'," of Cairo, Illinois, be and the same
is hereby authorized to issue bonds for the purpose of rais-
ing money to build an engine house and halls; said bonds
to be issued in such sums, of not less than twenty-live dol-
lars or more than one thousand dollars each, as said com-
pany may direct, and to bear interest not exceeding ten per
cent, per annum.
Liens. | 2. That Said bonds shall be a lien on all the real
estate of said fire company until fully paid off, and the real
estate of said company can not be sold or conveyed by said
company after the issne of said bonds, so as to defeat the
lien hereby iutended to be created, or to defeat the payment
of all such bonds, with all interest that may accrue to the
same.
Bonds. g 3, That the bonds hereby authorized to be issued
shall not exceed the sum of thirty thousand dollars, in the
aggregate,' nor shall they run for a longer period than twen-
ty years.
§ 4. That said bonds, when issued, shall be issued b}'
order of said fire company, made at a regular meeting
thereof, and shall be signed by the president and attested
by the secretary of said company, and it shall be the duty
of the treasurer of the company lo keep a full and complete
record of all such bonds, by date, number and amount, and
on payment of the same shall cancel and file said boiids in
his ofiice.
§ 5. This act shall take effect and be in force Irom and
after its passage.
Approved February 25, 1&G7.
I« ^oj^ce^^l^'ch AN ACT to incorporate the Kougli and Ready Fire Company, of Cair
'' ■ Illinois.
Section 1. Jh it enacted hy the People oj the State of
Plinois, represented in the General Assembly, That 13.
■ori-orator.-. ^ Muun, Frcdolinc Bross, William Beerwort, John Scheele,
Josej)li B. Taylor, Ferdinand Amon, Henry Sigfried,
Charles Elele, John Ilarst, Charles Frank, Henry F. Good-
poor. Joseph Ilelen, sr., August liieland, James Kinnear,
John Maxcy, Philip Schmitt, \l. G. Jameson, Andrew
" aler, John Kitter, John Schmitt,
FIRE DEPARTMENT. 951
Martin Strawhal, Hiram Walker, Peter Zimmerman,
James S. S\vayne, Niles Swayne, Peter Els, William Sei-
fried, John Sackberger, Adam Neff, Ausrust Viernen,
Joseph Farqnar, John Koyaker, Cliristian Orth, Peter
Kuhn, sr., J, G. Steinhouse, Joseph Lehons, Charles Mehner,
Joseph M. Vierman, James Axley, Charles Feichter, F. M.
Stockfield, Henry Brown, John Koas;, Fred. Sheeler,
George G. Smith, Frank Swoboda, Philip Howard, Lonis
Blathan, Joseph tsteagler, Alexander Wittig, August Ho-
mann, and John Goetgen, and their associates and succes-
sors, and all such persons who shall become members of
said company, shall be and are hereby declared to be a
body politic and corporate, by the name and style of the
''Rough and Ready Fire Company," said corporation Name aud.stv-
shall be located in the city of Cairo, Illinois, and shall con-
tinue in existence until the 31st of December, in the year Term.
A. D. 1900; and shall have power to use a common seal. Powers,
(and alter the same at pleasure) ; and in said naihe may sue
and be sued, plead and be impleaded, answer and be an-
swered unto, and prosecute and defend, in all courts and
places, in all manner ot suits, causes and actions whatever,
either in law or equity.
j5 2. The present officers of said company shall hold officers.
their offices and perform the duties required of them by the
by-laws of said company, until the first Monday in the
month of May, a. d. 1867, at which time the members of
said company shall proceed, under the provisions of this
act, to elect a president, vice president, secretary, treasurer
and board of directors, consisting of live members of said
company, who shall hold their offices for the term of one
year, and until their successors are elected and qualified ;
and all such other officers, servants and agents as may be ne-
cessary to carry out the object of the corporation hereby
created, may be elected or appointed, in such manner as
shall be provided by the by-laws of said company.
§ 3. The said corporation shall have power to acquire, ^"^^^'^^^'j"" "'
by gift, grant, devise or purchase, and to hold and convey
ail such real estate and personal property as they may deem
necessary, for the erection of engine houses, fireman's hall
and other buildings necessary for the keeping of the appa-
ratus and transaction of the business of said corporation ;
and shall also have power to purchase, hold, sell and dis-
pose of, when expedient and necessary, such fire engines,
hose, hose carriages, reels, hooks, ladders, buckets and
other fire apparatus, as may be deemed proper for the use
and benefit of said company in the extinguishing or pre-
venting of fires within said city.
§ 4. All contracts, agreements, deeds, mortgages and ^p5fJe',^g°° °^
other instruments of writing made by said company to,
with or for any person or persons, company or corporation
shall be signed by the president and secretary of said com-
952 FIRE DEPARTMENT.
pany (with its seal thereto attached) or by such person or
persons as may be duly authorized by the by-laws or by
resolution of said company.
Property ex- § 5. All sucli property, real or personal, as shall be
auou.''"'" '^^' owned, held or used by said corporati-on and shall be ne-
cessary for engine rooms, meeting hall and all the fire en-
gines and other fire apparatus owned, held or used by said
corporation exclusively for the business of said company
shall be exempt from taxation of every kind so long as the
same shall be owned, held or used by the said corporation
for the uses and purposes incident to a tire company, and
the said corporation shall continue to be an acting tire com-
pany in said city.
^froS m'imia ^ ^' "^^^^ iucorporators of this act, and their successors,
duty, etc. and all such persons who shall become members of said
company, shall, during the time they may continue acting
members thereof, (and be in good standing) be exempt from
militia duty in time of peace, road and street labor, and
from paying a tax in lieu thereof, and from serving on
juries.
By-laws, etc. | Y. The Said . Corporation shall have power to regulate
by by-laws the qualitications of its members, the mode of
electing the same and the amount of initiation fees, monthly
dues, the powers and duties of its otiicers, and to provide
by by-laws, tines and penalties for non-attendance at meetings
or tires, or for neglect of other duties required of them by
the said by-laws, which tines and penalties may be recov-
ered by suit as other debts ; and to provide by by-laws for
the expulsion of members for the non-payment of dues,
fines, violations of by-laws, and other otiicers, and the said
corporation shall have power to provide by by-laws, or
otherwise, as to how and for what purpose the said moneys
shall be kept and used, and may invest any surplus funds
which they may have in bonds, stocks, or loan the same
out, and generally to make, pass and adopt such rules and
by-laws as may be necessary for the good government and
welfare of said company : Provided, that such rules and
by-laws shall not conflict with the laws of this state : And,
further provided, that no fine or penalty imposed by by-
laws or otherwise shall exceed the sum of one dollar.
Right to di3- § 8. Said corporation shall at anytime have the right to
disband and cease to exercise its functions contemplated by
this act by a vote of a majority of its members entitled to
vote in favor of the same, and may also dispose of all the
property of said corporation in such a manner as said ma-
jority siiall agree upon.
Construction of § 9. Tltis act shall bc deemed a public act, and shall as
such be liberally construed, and shall take eft'ect and be in
force from and after its passage.
Approved March 7, 18 07.
FIKE DErARTMENT. 95c
AX ACT to incorporate the Union Fire Company, No. 1, of Jacksonrille. In force Feb'y
Section 1. Be it enacted By the Peojyle of the State oj
Illinois^ represented in [Me] General Assembly^ That James
II. Dayton, AVilliaui Harrison, Kichard M, Gregory, Oscar
Tetf, Henry McDonnell, Joseph Mitchell, James M Mitch-
ell, Robert H. Catherwood, Burton Brown, Isaac S. Surer,
Jacob liit'o, and their associates and successors, shall be
and are hereby declared to be a body politic and incorpor-
ate, by the name and style of "The Union Fire Company Name and style.
No. 1," of the city of Jacksonville, and in that name may
sue and be sued, plead and be impleaded, appear, prose-
cute and defend in law and equity in all courts of justice
Avhatsoever ; to contract and be contracted with ; to have,
hold and enjoy, by gift, devise or grant, purchase or other-
wise, real and personal estate not to exceed at any time the
value of forty thousand dollars ($40,000), and again to sell
the same at pleasure ; to have and use a common seal, and
alter the same at pleasure.
§ 2. The object of this company shall be the extinguish- objeets.
ment of fires in the city of Jacksonville.
§ 3. The said company shall have power to make and Bylaws,
adopt such constitution and by-laws, for the government and
maintenance of said company, as they may from time to
time consider tit and proper, not inconsistent with the laws
of this state and the United States, and again to repeal and
alter the same, which constitution and by-laws, when made
and adopted shall be binding upon the members of the
compan}-, and may be enforced against them either by suit
in the name of the company, or by forfeiture of member-
ship, or by both.
g -Jr. The constitution and by-laws of the said ct^mpany Bvid^nce oi by-
shall be entered by an officer of the company in a book
kept for that purpose, which said book shall \)Q jprima facie
evidence of the matter therein contained in all courts of
justice.
^ 5. The members of this company shall, during their Miiitia exemp-
term ot service, be exempt trom serving on juries and la
the militia, and shall be exempt from working out or pay-
ing road, street or poll tax, and every member who shall
have faithfully served as such for live years, shall be there- *
after exempt from serving on juries in all courts ot this
state, or in the militia, except in cases of insurrection or in-
vasion, and the evidence to entitle such person to such ex-
emption shall be a certificate issued under the seal of said
company, and signed by the president and secretary.
§ 6. AH contracts, agreements, or orders on the treasu- ^^^^°« °f^ '^^^
rer of said company, deeds, mortgages or writings made by * '
said company to, with or for any person or persons, com-
pany or corporation, shall be signed by the president of the
'^"^^ yiBE DEPARTMENT.
company, or in case of his absence or refusal to act, by the
vice president, an.i countersigned by tlie secretary. 'Uth
the seal ot the company attached ^
Ten. Of Office. § T. The present otiicers of said company shall hold
the.r olhces, and perform the duties required of them by
JViaich AD. 1867, at which tiino the members of said com-
pany sha meet and proceed to organize under the p o-
vis.ons ot this act, by the election^ a presidenT k ice
president,] secretary and treasurer, and such other officer.
oh-I;T f''-r"'' "' "^"^^^ necessary to carry out te
objects of said company may be elected ov appointed in such
manner as may be provided by the by-laws if said company!
property etc., J ^- ^^ ^hc Said Company shall at any time disband and
bL.T!rcot: T f^-''?'' ^'' f'mctions, as contemplated by this act
then and in that event the title of all property, real or per:
sonal, or mixed owned by said compan}, shall go to^the
?itFompln7t"\r^S ''''''-' members of -saif'^ Union
ArPKovED February 22. 1867.
marmei
Disposition of
property, etc
In fo^rce March AN ACT to incorporate the Red Rover Hook and Ladder Con^panv Xo o of
the C.itV of Snr.;r,rrfi^1^1 Til:.....-. ' • ■•^t^'-
Preamble.
the city of Springfield, Illinoi
Whekeas, it has been represented to the general assem-
bly that an association called "TheKed Rover Hook and
LadderCompany No. 2, of the city of Springfield," has been
formed and organized by regulations and by-laws, for the
sole purpose of rendering themselves more efficient in pro-
tecting the property of the citizens from destruction by
fire; and whereas, lor the more perfect organization of
said association^r company, they should be invested with
certain corporate powers and enjoy certain immunities and
privi eges ; now therelbre in order to encourage so i)raise-
M^orthy and useful an institution, and give strength, perma-
nency and dignity to the same, therefore
Section 1. J^e it enacted hy the People of the State of
Ulmois, represented m the General Assemhly, Thiit William
tawcett, Thomas F. Kelly, Robert Irwin, P. Mulquin, p!
11. McLean and George Garton, their associates and suc-
cessors be, and they are hereby ordained, constituted and
declared to be a body corporate and politic, by the name
Nan,oa„a3^y,e.aIld Style of " Red Rover llook and l.ndder Company!
J^Jumber Two, of the City of Springfield," and by that
name they may have continual succession, and shall bo ca-
Corporator
FIKE DEPARTMENT. 955
pablc of Buing and being sued, plead, being impleaded,
answering and being answered unto, defending' and de-
fended m all courts and places whatever. That tliej
and rlieir successors may have a common [sealj and may
change, alter or break tJie same at ^lieir pleasure, and
that they and their successors shall be in law capable of
holding, purchasing and conveying any estate, real, perso-
nal or mixed for the u-e of said corporation, and shall hold
and enjoy in their corporate capacity all the property, real,
personal and mixed which the said company now have or
hereafter may acquire : Provided^ the said company shall P'oviso,
not hold any real estate except such as may be necessary
for the use of said cempany,
§ '1. The said corporation shall have power to make a conMitution
constitution and by-laws for the government of the same, '^" '^" '"^'''
and to alter, or amend the same at pleasure : I'rovided^ that
nothing in them contained, shall be repugnant to the laws
of the land.
<5 3. The said corporation shall consist of not more than wernbers-con-
1 I 1 T /^r\^\^ 1 tiiDutions. etc.
one hundred and twenty (120) active members, and as ma-
ny honorary members as they by their by-laws may regu-
late, not exceeding fifty, which members shall make such
contributions for the support of the corporation as they
from time to time may regulate in their by-laws, but no
person shall enjoy the privileges of an honorary iiiember
unless he contributes at least live dollars per annum, to the
support of said corporation.
§ 4. All the active and efficient members of said corpo- Miiiti.i exemp-
ration shall be, and they are hereby exempted from the ''°'^'
performance of military duty, and services upon juries, du-
ring their continuance as members of said corporation.
§ 5. In order to create a fund for the purchase of a Fines, etc.
hook and ladder truck, and other apparatus for the use of
said corporation, they shall have power by their by laws to
regulate as they may deem expedient, to levy a contribu-
tion upon the members, impose lines for non-attendance and
other derelictions of duty, and enforce the payment of the
same.
§ 6. The said corporation, shall have power by their by- Election of oai-
laws to regulate as they deem expedient, ihe election of all
officers, and impose tines [for] malfeasance or non feasance
in office and collect the same.
^ 7. It shall be the duty of said corporation to keep al-'Datie? of cor-
" . J . 1 1 X- 11 poration.
ways m good repair and ready tor use upon a sudden warn-
ing, and in a convenient place at least one good hook and
ladder truck, and all necessary apparatus, and with the same
to attend all lires in the city of Springfield as speedily as
practicable after notice of the same, and to aid and assist in
the extinguishing of the flames, and do and perform ail oth-
er duties usual to lire companies.
^^" FINE ARTS.
Period of duty. ^8. No member of said company shall be compelled to
do duty in it for a longer period than five years, when ihel
sliaii be entitled to receive from the foreman and secretary
under the seal of the company, a certihcate that he has
served as a Hreman during the pSiiod of five vears
'l^i^.^ § ^- ^0 Pf ^0" having received such certihcate shall be
compelled to do duty in the militia, pay street tax, or sit on
any jury within the State.
^tSes?^ '"■" .^ ^^- The secretary shall keei) a true record of all cer-
tificates granted to members under this section, and the cer-
tificates authorized to be issued by the foreman and secreta-
ry of the corporation, created by' it shall be received as evi-
dence m all courts of this state, courts martial included
""cmSorS ^ '^•. The corporation hereby created shall continue so
long as It shall faithfully and beneficially fulfill the objects
and intentions of its creation. But the general asseniblv
whenever satisfied that it has failed to accomplish the ob-
jects for which it was created, or has violated this charter
may alter, or repeal the same. '
§ 12.. This act to take effect and be in force from and
after its passage.
Appkoved March 9, IS 67.
In force FebV a xt a /-m ^ •
'21, 1S67. -^^ ^^J- to incorporate tlie Fine Art College of Chicago.
Section 1. Be it enacted hy the People of the State of
Utimis, represented in the General AssemUy, That Hiram
i. Merrill and Benjamin F. Downing, their associates, suc-
cessors and assigns, for the purpose of promoting the cul-
tivation of the fine arts, in the city of Chicago or elsewhere
m the state of Illinois, be and they are hereby constituted
NameandBtyie. f. ?''-^r A^'!''^?''f'°''^^^ Under the iiamc and stvleof
i^ine Art College" and henceforth shall be styled and
known by that name; shall have sole right to use that
Powers '"'"iier and style, and by that name and st>le to remain in
perpetual succession, with full power to sue and be sued to
plead and be impleaded- to issue stock snd scholarships
and collect tuitions ; to acquire hold and convey property
•real and personal or mixed, in all lawful ways; to take in
law and equity, property, real amd personal by grant, be-
quest, will, devise, donation, gift, bargain and sale, or con-
veyance, for endowments or other uses: Provided, that the
property real, shall not exceed two thousand acres, held in
tee simple, at any one time; to lease property and collect
moneys; to borrow money, and invest surplus means, on
l)ond and mortgage, ornoteof hand : Provided, thatnothin-
in this act shall be construed as a banking privileo-e • to ap^
FINE ARTS. 957
point and remove officers, professors, and committees; to
confer academic and honorary dec^rees ; to have and use
a common seal and alter the same at pleasure ; to make and
alter from time to time such by-laws as may be deemed
necessary for the government of said institution its officers
and servants : Provided^ that said by-laws, are not inconsist-
ent with the constitution and laws of Illinois, and the Uni-
ted States ; and to do and perform any and all things what-
ever, that may be deemed proper and right, for the uses
of said institution.
§ 2. This act shall take etfect and be in force from and
after its passage.
Appkoyed February 21, 1867.
AN ACT to incorporate the Northwestern Art and Photoorraph Company. In force Feliru-
ary 21, 1S67.
Section 1. Be it enacted hy the People of the State of
Illinois., represented in the General Assembly., That Samuel
M. Fassett, C. M. Henderson and C. B. ]N"elson, and their
associates, are hereby constituted a body corporate and po-
litic, by the name and style of the "JNorth western Art and Nameand style.
Photograph Company," and as such corporation shall have
perpetual succession, may sue and be sued, make contracts;
have a common seal ; make by-laws and rules for the gov-
ernment of its business, property and officers, and enjoy all
the privileges, powers and immnities, and be subject to all
the liabilities of bodies corporate and politic.
§ 2. The capital stock of said company shall be one capitaa stock,
hundred thousand dollars, to be divided into shares of one
hundred dollars each, to be deemed personal property, and
transferable as such in the manner and under the restrict-
tions provided by the by-laws. Each share of stock shall
entitle the holder thereof to one vote at the election of di-
rectors, and the said company may by its by-laws, impose
penalties upon its stockholders or forfeitures of their shares,
for a failure to pay the installments that shall become due
on the same, and the penalties so imposed, may be recov-
ered in the name of the company, in an action of debt in
the name of the company, in any court of competent juris-
diction.
§ 3. On the day fixed by the by-laws, there shall be an Annual meeting
annual meeting of the stockholders, for the purpose of
electing three directors, who shall hold their office for one
year, and until their successors are chosen and qualified.
The said board of directors ^hall have the management of
the business and affairs of said company, and they shall
elect from their number a president, secretary and treas-
958 FINE AKTS.
nrer, or may combine two of these offices in one person,
Avliich said officers, shall perform such duties as shall be re-
quired of them by the by-laws or the board, and the b^ard
may require indemnity from the officers for the faithful dis-
charge of their duties and to properly account for all
moneys when called upon by the board or the company,
and other officers and agents may be appointed bj- the
board.
Aiuhority. §4. The said company are hereby authorized to erect,
lease, purchase, occupy and maintain and operate an art or
photograph gallery, in the city of Chicago, Illinois, and en-
gage in the business of phot'jgraphing, portrait or landscape
painting, in all its branches, and may manufacture, pur-
chase and trade in pictures, picture frames, photograph
goods, chemicals, albums, engravings and other artictes in-
cident to the line arts, and may charge and collect such rates
or prices for the pictures or other articles manufactured and
sold by them, as they shall agree with the purchasers, or
what the same shall be reasonably worth ; and may estab-
lish branch galleries and agencies at one or more points, as
they shall determine, and own and occupy so much real es-
tate as they shall deem necessary in and about their said
business, and may sell or exchange the same.
Tirae^of^eiijov- § 5. When tweuty-five thousand dollars of the capital
" stock shall have been subscribed, and fifty percent, of such
subscription shall have been paid in, the said company may
enjoy all the privileges herein granted.
This act shall be a public act, and shall be in force from
and after its passage.
Appkoved February 21, 1867.
;Mit of privi
'" ^i'l'^l' pl'"®'^'y -^^"^ -A.CT to incorporate the American Art, Association .
Section 1. Be it enacted by the People of the State of
Illinois^ rejyreseoited in the General Assembly, That Mary
el. Green, George P. A, Healy, of the city of Chicago, and
Albert Bierstadt, of the city of New York, and theirassoci-
ates and successors are hereby constituted a body corporate
Nunip. and politic, by the name of " The American Art Associa-
tion," and by that name and style, to have perpetual snc-
Fo«oi-9. cession, with power to contract and be contracted with, sue
and be sued, in all court and places ; to have a common seal,
and alter and renew the same at pleasure ; to purchase, hold
and convey real and personal property, for the purposes
and uses of the said corporation, as hereinafter stated,
and shall be and are hereby vested with all the powers,
privileges and immunities which are or may be necessary to
FINE ARTS. 950
carry into efiect the purpose and objects of this act, as herein ^
set t'urth.
§ 2. The object and purpose of this corporation is for object.-?.
the promotion and cultivation of a taste for and the know-
ledge of the fine arts, and the encourag^einent of artists and
the promotion of their works, and the exhibition of such
works to the public.
§ 3. Said corporation shall have the power to take, hold Possf^Mion of
and convey, such real estate, an*l also to build, erect, pur- ^'^^'^ tme.etc
chase, hire, rent, lease, and occupy such rooms, halls or tene-
ments, as may be necessary for the purposes of such cor-
poration, and also to purchase, hold, keep, exhibit or sell as
hereinafter provided, any and all pictures, paintings and
other works and productions of art, and for and upon such
sales and exhibiti.>ns to receive the price and value thereof,
subject to such by-laws and rules us may be adopted by the
board of directors hereinafter provided for.
§ 4. The capital stock of this corporation shall consist capital stock,
of one hundred thousand dollars, with the right to increase
the same to any amount necessary for the uses and purposes
of the said corporation as herein provided, and shall be di-
vided into shares of one hundred dollars each, and the said
corporation may organize and elect a board of directors and
other officers, as soon as the sum of ten thousand dollars is
subscribed towards the said capital stock, and the said Mary
J. Green, George P. A. llealy and Albert Bierstadt or any
two of them are hereby authorized at any time to open
books and receive subscriptions towards the said capital
stock, and issue certificates therefor, and when the sum
of ten thousand dollars shall have been subscribed, an elec-
tion may be held among the persons so subscribing, for the
said board of directors, and at which and all subsequent
elections, the said stockholders shall each be entitled to cast
one vote for each share of the stock held by such stock-
holder. The records and proceedings of the said election, first
to be held by virtue of the provisions of this act, shall be
kept and certified in the books and records of said corpora-
tion by the corporate members above named, or any two
of them.
§ 5. The board of directors so to be chosen shall con- Directors,
sist of five members and shall have the entire control
and management of the affairs of said corporation, and shall
serve for one year and until their successors are elected.
They shall keep and preserve a record of their proceedings
and of the accounts, finances, property and business of the
said corporation, which shall at all times be open to the in-
spection of the stockholders.
§ 6. The officers of said corporation shall consist of a officers,
president, secretary and treasurer, who shall be chosen by
the board of directors from among their number, and whose
duties shall be prescribed by the said board.
960 FREE MASONS.
Shares of stock. § '^- The sliares in the capital stock of said corporation,
shall be and are declared personal propert}'-, and shall be
assignable and transferable on the books of said cor-
poration.
Assessments. § 8. The Said shareholders shall have power from time
to time, by a two-thirds vote, voting by shares, to levy as-
sessments upon the shares held by the several shareholders,
for the purpose of raising moneys to be expended lor the
purposes ot the corporatioy, until the full amount of the
capital stock shall have been paid up, and a failure or re-
fusal to pay any such assessment, shall work a forfei-
ture of the shares so remaining delinquent, after due notice
to the holders of such shares, the length of said notice and
the manner of declaring such forfeiture, to be lirst provided
by the said board of directors.
Indebtedness. § 9. The Said Corporation shall have power to borrow
money, and to execute and issue bonds and other obliga-
tions for the payment of money and to secure the same by
mortgage or deed of trust of the estate and property of said
corporation so far as the same may be necessary for the
uses and purposes of said corporation as herein provided.
Earnings and § 10, The earnings and profits of the said corporation
sion ofT '''" shall be annually divided among the shareholders, unless
by a two-thirds vote of the holders of such shares, voting
by shares, the same shall be directed to be employed and
invested in property of the corporation, for the uses and
purposes thereof as herein before provided.
§ 11. This act shall take effect from and after its passage.
Approved February 28, 1867.
In force Feb'y AN ACT to incorporate Oriental Lodge, No. 33, of Free and Accepted
2^'18«^- Masons.
Section 1. Be it enacted hy the People of the Stattsof
lllinoifi, rej)resented in the General Assembly. That all such
persons as are or may hereafter become and remain mem-
Name bers of " Oriental Lodge, No. 33 of Free and Accepted Ma-
sons," from and after the passage of this act, shall be and
they are hereby constituted a body corporate and politic by
the name of Oriental Lodge JNo. 33, of Free and Accepted Ma-
Powers. sons, and by that name they and their successors shall have
succession, and shall in law, be capable of suing and being
sued, pleading and being impleaded, answering and being an-
swered unto in all courts of law and equity whatsoever, and
by that name and style be capable of purchasing and re-
ceiving by gift or otherwise, and of holding and conveying
real estate for the benefit of said lodge : Provided, that said
FREE MASONS. 961
corporation shall not at any one time hold real eptate to
an umonnt exceeding twenty thousand dollars in value.
§ 2. For the purpose of carrying into effect the objects Purposes,
of this act, the members of said incorporation shall have the
poM-er and they are hereby authorized to elect or appoint,
out of their number, three trustees who shall hold their of-
liee for such time as said corporation shall by its rules or
by-laws designate.
§ 3. Said corporation shall have power to make such By-iaw3, etc.
by-laws, rules and regulations as may be deemed necessary
for the government of their concerns, and for the purchase,
leasing'and transfer of real estate, not inconsistent with the
constitution or laws of this state.
^ 4-. This act shall take effect and be in force from and
after its passage.
Approved February 28, 1807.
[AN ACT! to incorporate Carson Consistorv of Free Masons. In force Fcb'y
•20,1867.
Section 1. Be it enacted hy the Feojole of the State of
Illinois^ represented in the General Assembly^ That Har- corporator-.
man G. lieynolds, sovereign commander of Carson Consis-
tory, princes of the royal secret, George F. Wright, master of •
Lavely chapter of Kose Croix, H. li. D. "M. Orlin H. Mi-
ner, grand master of Van Rensalaer council of princes of
Jerusalem, William Lavely, grandmaster of H. A. Johnson
grand lodge of perfection, situated in Springtield, Fllinois,
and their successors in office, together with the members of
said Carson Consistory, shall be and are hereby declared to
be .a body politic and corporate, by the name, style and de- style or <orpo-
scription of " Carson Consistory of Free Masons." '''^''""'
§ 2. The said consistory shall have exclusive jurisdic- JurisdietioD.
tion over all the degrees of the ancient and accepted
Scottish rite, and over all grand lodges of perfection, coun-
cils of princes of Jerusalem, and chapters of Rose Croix,
II. R D. M., in the counties of Hancock, McDonough, Ful-
ton, Mason, Logan, De Witt, Champaign, Vermilion and all
the counties south of them, in the state of Illinois; and by
the name and style aforesaid may sue and be sued, plead Powers,
and be impleaded, prosecute and defend in all manner of
actions at law or in equity, in all places where legal or equi-
table proceedings are had. The said corporation shall have
power to make such constitution, by-laws, rules and regu- By-iaw?.
lations for its own government and the management of its
concerns, as shall be deemed advisable, and to alter or
amend the same at pleasure : Provided^ that such constitu-
Voh 1—82
962 FREE MASONS.
tion, by-laws, rules and regulations, shall not conflict with the
constitution or laws of this state or of the United States.
Legal rights. § 3. The Said corporation by the name and style afore-
said shall be capable in law of purchasing, holding and
conveying real and personal estate for the benefit of said
corporation, and to make such contracts, and perform such
acts and business as may seem necessary in the care and
management of said personal and real estate.
§ 4, This act shall be deemed a public act, and shall
be in force from and after its passage.
Approved February 20, 1867.
In force Feb'y AN ACT to incoi'porate the Shabbona Masonic Stock Company.
18,1867. ' -
Section 1. Be it enacted by the Feojple of the State of
Illinois, represented in the General Assembly, That Aaron
S. Jackson, William Marks, jr. H. E. Allen, P. Y. Quilhot,
M. V. Allen, G. M. Alexander and Julius Plorton, with all
such other persons as are, or may become stockholders of
the company hereinafter named, and their successors, shall
be, and are hereby constituted a body politic and corporate
Name and style, by the name and style of "The Shabbona Masonic Stock
Company," and by that name and style they and their as-
PoTffis. sociates and successors are hereby made as capable as natur-
al persons to contract and be contracted with, to sue and be
sued, to plead and be impleaded, in all courts of law and equity,
and make and use a common seal, and to alter the same at
pleasure ; to acquire by purchase, or otherwise any and all real
and personal property or estate that may be necessary to
accomplish the objects of said company, and also to convey
the same, and all such other property as may now be held
in trust for the members thereof; to adopt a constitution and
by-laws for their government, the appointment, number and
duties of the officers, the transfer of stock, the manner of
making loans and taking security therefor, and the man-
Froviso. ner of conveying and holding property : Provided, that the
same be not inconsistent with the constitution and laws of
this state and of the United States.
Objects. § 2. The objects of this company shall be to accumu-
late a fund from the stockholders, and otherwise, with
which to purchase a lot and to erect thereon a building for
the more convenient, and better accommodation of the sev-
eral meetings of the Shabbona Lodge No. 374, Ancient,
Free and Accepted Masons.
FREE MASONS. 963
§ 3. The capital stock of the company shall consist of a Capital stock.
sum not exceeding ten thousand dollars, in shares of twenty-
live doHars each, of which no person shall hold or own
more than twenty shares at the same time.
§ i. The officers ol this association shall consist of oncers,
twelve trustees, and from among the number shall be cho-
sen one president, one vice president, one treasurer, and one
secretary, who shall be elected by ballot and hold their of-
lice for one year, and until their successors are elected and
qualified.
§ 5. This act shall take effect and be in force from and
after its passage..
Appkoved February 18, 1867.
AN ACT to incorporate the Grand Commandery of Knights Templar and In force March
appendant orders of the State of Illinois. 7,1867
Section 1. JBe it enacted hy the People of the State of
EUnois, represented in the General Assemhly, That the Corporators,
grand commander, deputy grand commander, grand gen-
eralissimo, grand captain general, grand treasurer and grand
recorder of the grand commandery of Knights Templar of
the state of Illinois, together with the past commanders,
commanders generalissimo, and captain generals of the sev-
eral chartered commanderies subordinate to said grand com-
mandery, while holding said offices, shall be and the same are
hereby declared to be a body politic and corporate, by the
name, style and description of "The Grand Commandery Nameamd style
of Knights Templar of the State of Illinois."
§ 2. The said corporation by the name and style afore- Powirs.
said shall have full power to sue and be sued, plead and be
impleaded, prosecute and defend in all manner of actions
at law or in equity, in all places where legal or equitable
proceedings .are had. The said corporation shall have pow-
er to make such constitution, by-laws, rules and regulations,
for its own government and the management of its concerns
and government of its subordinates, as shall be deemed ad-
visable, and to alter or amend the same at pleasure : Pro- proviso.
vided, that such constitution, by-laws, rules and regulations
shall not conflict with the constitution and laws of this state
and of the United States.
§ 3. The said corporation by the name and style afore- ^^^^^1^^ *"**
said, shall be capable in law of purchasing, holding and
conveying real and personal estate, for the benefit of said
corporation : Provided, that said corporation shall not at any
one time hold personal or mixed property to an amount ex-
964 FREIGHT COMPANY.
ceeding one hundred thousand dollars, nor real estate to an
amount exceeding two thousand acres of land.
Loan money. g 4, That Said Corporation shall have power to loan
money belonging to the same, and take promissory notes or
other evidences of debt for money so loaned or any property
sold, which may be recovered in their corporate name afore-
said, in all courts or places where judicial proceedings are
had.'
Borrow money. § 5. The said Corporation is also authorized to borrow
money m sums not exceeding one thousand dollars at any
one time, and at a rate of interest not exceeding ten per
cent, per annum.
Agents, sfficers, § 6. In the management of its business concerns, said
*''°' corporation is hereby authorized to appoint such agents,
officers and attorneys for that purpose, as from time to tmie
may be deemed proper.
Subordinate § 7. Each Subordinate commandery, under the jurisdic-
bo!ry"p(3it?c^ ' *^^° ^^" ^^® aforesaid grand commandery now in existence,
and corporate, or which may hereafter be chartered by the same, is hereby
also declared to be a body politic and corporate, by and
under the name, style and number set forth in their respect
ive charters and by such designation, they may respectively
Powers. sue and be sued, plead and be impleaded, prosecute and de-
fend against all suits arising in law or chancery, in all the
courts of this state. The said subordinate commanderies
respectively, shall be capable in law of purchasing, holding
or receiving, by purchase, gift or otherwise, and of selling
and conveying real and personal estate for the benefit of
said subordinate commanderies respectively.
Apisiieabie pro- § 8. So far as applicable, the provisious of scctions four.
visions. g^^^ ^^^j gl^ ^^. ^j^.g ^^j. ^i^r^ii jjg applicable to each of said
subordinate commanderies.
Existence of § 9- In caso any subordinate commandery shall cease to
commandery. gxist, all its property, rccords and franchises shall vest in the
grand commandery aforesaid.
Construction of § 10. This act shall be held and deemed a public act
and shall be liberally construed by all courts, for the bene-
fit of said corporation.
§ 11. This act to be in force from and after its passage.
Appkoved March 7, 1867.
act.
In force Feb'y AN ACT to incorporate the Chicago Freight Company.
21, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That William
Sprague, Francis S. Howe, Charles H. Hapgood, and their
associates and successors and assigns, and all such persons
FINES AND PENALTIES. 965
as shall beome stockliolders in the company hereby created,
shall be a body politic and corporate, by the name and
style of the "Chicago Freight Company ;" and shall have, Nameandstyie.
exercise and enjoy all the powers usually appertaining to
corporations and necessary to carry out and execute the
business of a freight transfer company, at the city of
Chicago.
§ 2. The capital stock of said company shall be twenty- capital stocks
live thousand dollars, with power to increase the same to
one hundred thousand dollars, and shall^be divided into
shares of one hundred dollars each, and be subscribed and
paid for in the manner which may be prescribed by the
by-laws to be adopted by said company.
§ 3. A majority of the corporators herein named may Time and place
proceed to open books for subscription to the capital stock officel^"''" ^""^
of said company, and shall, at the same time or thereafter,
desieaate a time and place for the first election of directors
of said company, and such directors shall have power to
frame a body ot by-laws for the government and manage-
ment of said company.
§ 4. This act shall be deemed a public act, and be in
force from and after its passage.
Appkoved February 21, lb 67.
AN ACT in relation to certain fines and penalties in Cook county. In force FeVy
' ^ 23, 1S67.
Section 1. Be it enacted hy the People qf the State of
Illinois^ represented in the General Assembly, That all ^mMt-app^fca'-
fines and penalties that may be imposed by any court or payca^i'^.''^"
magistrate in the county of Cook, and which by the laws
of this state, become a part of the school fund of said county,
and all tines imposed by any magistrate or court for con-
tempt in said county shall hereafter be paid by the officer
receiving the same to the treasurer of the Chicago law in-
stitute, one-half thereof to be held by him for the institute,
and the other half to be paid over by him to the county su-
perintendent of schools of said county, for school purposes, *
to be applied by such superintendent in the manner now
provided by law for the disposition of fines and penalties
receivable for school purposes. All such fines and penal-
ties shall be payable to such treasurer on the first Mondays
in January, April, July and October in each year.
§ 2. The treasurer of said law institute shall, upon en- ^''o*^!'^^''
tering on the duties of his office, execute a bond in the
penal sum of one thoasand dollars, with one or more su-
reties, to be approved by one of the judges of the supreme
cuurt of Chicago, payable to the county superintendent of
iim
Hues, etc.
FINES AND PENALTIES.
schools in Cook county, and his successors in office for
school purposes, conditioned that he will faithfully account
tor and pay over to him all moneys which he may be en-
titled to receive for school purposes under and by virtue of
the provisions of this act.
§ 3. Every justice of the peace or other mao-istrate in
the county of Cook shall enter upon his docket the title of
every cause or matter in which he may impose any fine or
penalty, with a statement of the c^ffence or cause of action
the amount of line and date of judgment and payment
thereof, which docket shall be kept open at all times for
public inspection ; and every justice of the peace, mao-is-
trate or other officer who may receive any such fine or pen-
alty shall, on the first Monday in January, April, July and
Uctober m each year, make a report in writing to the
treasurer of said institute, showing the amount of all fines
and penalties received, together with the title and nature
of the cause the date of the judgment and collection there-
ot; and he shall, under his hand and seal, certify the same
to be true and correct. Any justice of the peace, mao-is-
tra^e or other ofiicer who shall neglect or fail to make The
entries m his docket required by this act, and every justice
ot the peace, magistrate or other ofiicer who shall neglect or
tail to make the report required by this section, or who
shall make a false report, or who shall neglect or fail to
pay over to said treasurer the amount of the^fines and pen-
alties received by him at the time or times herein required,
shall be deemed guilty of a misdemeanor and may be
indicted, and, upon conviction, shall be punished bv a fine
of not less than fifty nor more than five hundred dollars.
And the said Chicago law institute may also have and n^ain-
tam_ an action of debt, in any court of competent jurisdiction,
against any justice of the pe^ice, magistrate or other officer,
to recover the amount of all fines and penalties received bv
film, and, in addition thereto, the sum of five dollars for
each and every day such justice of the peace, magistrate or
other ofiicer shall neglect to make the report herein re-
quired, or to pay over the amount of such fines or j^enalties.
• f r u ^"^'^' P^^^''^'''''es and judgments recovered by
virtue of the provisions of this act, for a violation of the same,
Shall be docketed, reported, paid over and disposed of in the
same manner as is herein provided for the fines and penal-
ties m said first action mentioned, and any violation of the
provisions of this section shall be punished in like manner
as IS provided for the violation of section two of this act.
_ § 0. All acts or parts of acts inconsistent with the pro-
visions [of this act] are hereby repealed, and this act shall be
t eemed a public act, and shall be construed liberally for the-
detection of fraud, and shall take eftect frojn and "after its
passage.
Approved February 23, 1867.
FUEL AND LIGHT COMPANY. ^^''^
AN ACT to incorporate tlio Petroleum Fuel and Light Company. m ^867."^'^
Section 1. Be it macted by the Feople of the State of
Illinois, represented in the General Assembly, That Wil ham
C Crosby, H. N. AVeb^ter, Elisba P. Si one, and all others
who may become associated with them, their successors and
n<i^io-n^ be and they are hereby created a body politic and
assigns, ue cUm lucj a ^ . -'i ^+- 4.1,^ u Potrnlpnm Fuel Nameandslyle
corporate, by the name and style ot the Petroleum l^uei
and Li<iht Company," and by that name may have per-
petiiarsuccessiun, may sue and be sued, appear, prosecute
and defend in any court of record or other court or place Peers. ,
whatsoever; and may have and use a common seal and
revise the same at pleasure; may purchase and hold such
real and personal estate as may be necessary to ellect the
obiects of their association, and may sell, alien and convey
the same ; may make, establish and put into execution such ,
by-laws and regulations, not contrary to the laws ot this
state or the United States, as may be found necessary and
proper for the well ordering and management ol their attairs ;
and do and execute all such acts and things as may be
necessary to carry into effect the objects of their association
and the provisions of thi fact. „v,fii camtautock.
^ 2 The capital stock of oaid corporation shall, untd cap.uutock.
otherwise ordered by the board of directors consist ot the
sum of fifty thousand dollars, which may be increased at
any time, by a resolution of the board of directors, to a sum
not exceeding three million of dollars, the same to be divi-
ded into shares ^f not less than one hundred nor more ban
one thousand dollars each: Provided, all shares shall be
equal in amount, certificates to be issued therefor asthe di-
rectors shall determine. And all subscriptions to said capi-
tal stock shall be paid to the company in such installments
and at such times and places as the directors shall appoint,
after thirty days' notice, by circular letters ;f dressed by
mail to the subscriber or subscribers, shareholder or share-
holders, and if any shareholder or subscriber, for the space •
of ten days next ensuing after the expiration of the thirty
days shall neglect or refuse to pay his ratable share, it
shall be lawful for the directors to declare the share or
shares of such shareholder forfeited to the company, and
all previous payments made upon such share or shares, and
such forfeited stock may be sold at a pubbc sale by the di-
rectors, after giving notice, as they may direct; but he pro-
ceeds of said sale shall be first applied in paymen of the
installments called for and the expenses attending the sale
and the balance, if any, shall be refunded to the ovvner ot
said stock; and such sale shall m al respec s ^ff^f]^
purchaser to all the rights of such negligent stockholder n
and to such shares. Said company's home office shall be in
tlie city of Chicago, Cook county.
968 FUEL AND LIGHT COMPANY.
Management. § 3 The stock, property and affairs of said corporation
shall be managed and conducted by not less than thr«e nor
more than thirteen directors, (the number ot said directors
to be determined by the by laws of said comnany), to be
chosen from among and by the stockholders, bv ballot ;
which directors, first chosen shall hold their ofiice3''until the
first Tuesday of January next ensuing their election, and
until others are chosen to supply their' places ; and the an-
nual meeting for choice of directors shall (after the first
election) be holden on the first Tuesday of January or on
sucli other day in the month of January as shall be ap-
pointed by said board of directors, but ; a failure to elect
directors at the day appointed shall not work a f >rfeiture of
this charter, but it shall be lawful to hold an election on
any other day to be appointed by the directors last chr>sen.
In the choice of directors, as aforesaid, each stockholder
^ present or represented by his attorney shall be allowed one
vot^ for each and every share of stock by him then held,
and none but stockholders shall be eligible to the office of
director. A majority of the directors shall constitute a
quorum for the transaction of business, and when such
quorum is formed if the president be not present the vice
president shall preside, or in the absence of both, the di-
rectors shall appoint a president, ^^ro tempore ; and the
president shall have power to call special meetings of the
stockholders whenever thereto requested by a maioritv of
tne directors,
^^i""*'- § ^- The said company is hereby authorized and em-
powered to receive and to take grants, leiises and convey-
ances of all interests and estates in lands within this state,
and may dig for coal and other minerals in and upon said
lands, and may dig and bore for oil or other oleaginous sub-
stances in and upon such lands, and may sell and dispose
of such lands, coal, oils and other products'of said company ;
and said company may construct and erect the necessary
works and apparatus for refining crude oils ; may borrow
moneys to aid in carrying out the objects of this" act, and
pledge or mortgage its rights, personal and real estate, for
the payment thereof, and pay interest on such loans.
Company seal. § 5. And with rcspect to the exercise of the powers of
the company, Be it further enacted, that the directors shall
have the inanagement, superintendence and direction of the
affairs and interests of the company, and amongst other pow-
ers and authority to be exercised by them, the said directors,
they may use and affix or cause to be used or affixed the seal
of the comjmny hereby incorporated to any document or pa-
per which, in their judgment, may require the same; they
may make and enforce the calls upon the shares of the
respective shareholders or stockholders; and may also
declare and cause to be paid or distributed to the respect-
ive shareholders or stockholders any dividend or divi-
FUEL AND LIGHT COMPANY. 969
dends of profits, in proportion to the shares of tlie capital
stock by them then held, at such times and seasons as they
shall think proper, or add the same to the paid up portion
of the capital stock ; they, tlie said directors, may make
any payments and enter into all contracts tor the execution contracts, etc,
of the purposes of the company, and do and perform all
other matters and things in their judgment necessary for
the proper transaction of its afi'airs ; they may generally
deal with, treat, sell and dispose of, and exercise such acts
of ownership over the real and personal property and effects
of said company, for the time being, in such manner as
they shall deem expedient and conducive to the benefit and
well beina: of the said company. The directors of said Annual finan-
1 11 ^ u 1 1 . <- 1 -1 -i cial statements
company shall cause to be yearly prepared a correct exhibit
or statement, duly sworn or attirmed to by the president or
vice president and secretary of the said company, which
said exhibit or statement shall be submitted to the stock-
holders or shareholders, at their regular annual meeting, a
full and correct statement of the accounts and business of
the said company, a full and complete statement of the re-
ceipts, disbursements and expenditures of said company for
the year past, together with a general abstract of the esti-
mated liabilities and as^^ets of the company, to the end that
ail the stockholders of said company may possess full and
complete knowledge of its affairs, standing and management;
a copy of which said btatement or exhibit shall be transmit-
ted by the secretary of said company to every stockholder.
§ 6. A majority of the incorporators herein named may
proceed to open books for subscription to the stock of said
company, and shall at the same time or thereafter, desig-
nate a time and place for the first election of directors of
said company, by parties subscribing to the stock thereof,
or the said incorporators or a majority of them may author-
ize some other person to open such books and designate the
time and place aforesaid.
§ T. The board of directors may choose one of their subscription.
number, a president, also another, a vice president, also
may appoint a secretary and treasurer, may determine the
compensation of all its officers, agents and servants, and
may displace them at pleasure. Any vacancy in the board
of directors may De filled from among the stockholders by
the remaining directors, until the next annual election.
§ 8. The capital stock of said company shall be trans- omcers-va-
ferable on the books of said company, under such rules and ^''^"'^^ '
regulations as may be adopted by them.
^ 9. The company hereby incorporated shall be subject capital stock
"i ■• ,.11 II 1-1 1 1 L trunsfrrable.
to the operation of all general laws wnich may be passed by
the general assembly in regard to corporations.
§ 10. This act is hereby declared to be a public act,
and shall take effect and be in force from and after its
passage.
Appkoved February 25, 18G7.
070 GAS LIGHT COMPANY.
^° ''^''Tqc^^'^^'^^ ^^ ^^^ *o amend an act entitled "An act to incorporate the Decatur Gas
'' '• Light and Coke Company, approved February 16, 1865.
Section 1. Be it enacted hy the Feoj^le of the /State of
Illinois, represented in the Ge7ieral Assembly, That the act
^Feb- ''1^1865^ entitled an act to incorporate the Decatur Gas Liglit and
amended. ' Coke coinpanj, approved February 16th, 1865, be and the
same is hereby so amended, as to extend the time when
said company shall commence to furnish gas to said cify,
and the time when said company shall complete their gas
works, 'from three years to live years,
Addjuo^nai cor- § 2. That William A. Barnes, Charles A. Tuttle, and
James C. Lake of said city of Decatur, are hereby made
additional corporators in said company.
§ 3, This act shall be deemed a public act, and shall
take effect and be in force from and after its passage.
Appeoved March 7, 1867.
porators.
I" ^"^■•^s g^Iarch AN ACT to incorporate the Monmoutli Gas Light and Coke Companr.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Draper
Babcock, Ivey Quimby, John J. Glenn, William Laft'erty,
W. B. Jenks, Samuel Douglas, George Babcock, Samuel
Claycomb and Chancy Hardin, and their associates, suc-
cessors and assigns, be and they are hereby created a body
corporate and politic, with perpetnal succession, by the
Name and style name and Style of the "Moumouth Gas Light and 'Coke
Company" and by that name they and their successors shall
Powers. i^g capable in law of contracting and being contracted with,
suing and being sued, defending and being defended in all
courts and places, and in all matters whatsoever, with full
powers to acquire, hold, occupy and enjoy all such real and
personal estate as may be ne/;essary and proper for the con-
struction, extension and usefulness of the works of said
company, and for the management and good government
of the same, and they may have a common seal which they
may break or renew at pleasure.
^lalons' *'and § ^- "^^^^ Corporation hereby created shall have full
operations. powcr and authority to manufacture and sell gas, to be made
from any and all substances and combinations from which
inflammable gas can be obtained, and to be used for the pur-
pose of lighting the city of Monmouth, in the county of
Warren, or the streets thereof, and any building, manufac-
tories, public places or houses therein contained, and to
GAS LIGHT COMPANY. 071
erect with the anthority of the city of Monmonth all neces-
sary works and appurtenances, and to \aj pipes for the
purpose of conducting or distributino; said gas in any or
all of the streets or alleys of said city : Provided^ that no rroviso.
permanent injury sliall be done to any of said streets, ave-
nues or alleys by the laying of said pipes : And 2^^'0'^'>'>-ded, Proviso.
further^ that the corporation hereby created, shall [own] only
such real estate as shall be necessary and indispensable, for
the jnirpose of said company, and the value of said real
estate shall not exceed seventy-live thousand dollars.
§ o. The capital stock of said company shall not exceed the capUai stock.
sum of three hundred thousand dollars, and shall be divided
into shares of one hundred dollars each, to be subscribed
and paid in such manner and in such proportions as shall
be prescribed by the by-laws and rules of said corporation.
§ 4. Said corporation is hereby authorized co make all Rules, by-iawa,
such rules, by-laws and regulations, (not inconsistent with
the laws of this state,) as they shall think proper and ne-
cessary, respecting the management and disposition of the
stock, property and est,ate of said company, the duties of the
officers, artificers and agents to be employed ; the nunii)er
and election of directors, and all such matters as appertain
to the interests and concerns of said corporation, and said
corporation shall have the exclusive privilege of supplying
said city of Monmouth and its inhabitants with gas, for the
purpose of affording light, for the period of twenty-five
years from and after the passage of this act.
§ 5. This act shall take eifect and be in force from and
after its passage.
Approved March 5, 1867.
AN ACT to incorporate the Canton Gas Licrlit and Coke Company. In force Feb>
12, 18(37. "
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That Amos
C. Bahcock, (rranville Barrere, James H. McCall, Bike C.
Ross, William Wills, Joseph Nox and William Babcock,
be and they are hereby created a body corporate and politic,
with ]ierpetual succession, by the name and style of "Canton xameand .=tyi9
Gas Light and Coke Company," and by that name they
and their successors shall be capable in law, of contracting Powers.
and being contracted with, suing and being sued, defend-
ing and being defended in all courts and places, and in all
matters whatever, with full power to acquire, hold, occupy
and enjoy all such real and personal estate as may l)e ne-
cessary and proper for the construction, extension and use-
fulness of the works of said company, and for the manage-
972 GAS LIGHT COMPANY.
ment and good government of the same, and they may have
a common seal, and the same may alter, break and renew
at pleasure.
Business g 2. The corporatiou hereby created shall have full
power and authority to manufacture and sell gas, to be made
from any or all of the substances, or a combination thereof,
from which inflammable gas is usually obtained, and to be
used for the purpose of lighting the city of Canton, or the
streets, public square Jind parks thereof, and any buildings,
manufactories, colleges, academies, school houses, churches
and public places or houses therein contained, and to erect
all necessary works and apparatus ; and to lay pipes for the
purpose of conducting the gas in any of the streets, avenues
or public grounds of said city, provided that no permanent
injury or damage shall be done to any street, lane, high-
way or public grounds of said city. The real estate which
this corporation is entitled to hold shall not exceed the
value of one hundred thousand dollars.
Capital stock. § 3. The capital stock of said corporation, shall not
exceed three hundred thousand dollars, to be divided in
shares of fifty dollars each, to be subscribed and paid for
in such proportions as shall be prescribed by the by-laws
and rules for the regulating of said company as they shall
think proper and necessary, respecting the management
and disposition of the stock and property, and estate of said
company, the duties of the officers, artilicers and agents to
be employed, the number and selection of directors and
all such matters as appertain to the concerns and business
of said company. Said company siiall have the exclusive
privilege of supplying the city of Canton, and its inhabit-
ants with gas, for the purpose of affording light for twenty-
flve (25) years. This act to take effect and be in force
siiUiert to gen- from and after its passage. This act shall be subject to any
general law of this state controlling or regulating the amount
charged for gas or other light made and sold by said com-
pany, and the said company shall be in operation and in a
condition to exercise gas or other light within six years
after the passage of this act.
Appkoved February 12, 1867.
In Ibrco Feb'y AN ACT to incorporate the Mattoou Gas Light and Coke Company.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That Eben
Corporators. jN^oycs, Jamcs M. Lane, Jonathan Richmond and John W.
Scroggs, be and they are hereby created a body corporate
and politic, with perpetual succession, by the name and style
GAS LIGHT COMPANY. 073
of " The Mattoon Gas Light and Coke Company," and by Name an.i style
that name they and their successors shall be capable, in
law, of contracting and being contracted with, suing and
being sued, defending and being defended in all courts and
places, and in all matters whatsoever, with full power to ac- Powerf=.
quire, hold, occupy and enjciy all such real and personal es-
tate as may be necessary and proper for the construction,
extension and usefulness of said company, and for the man-
agement and good government of the same, and they may
have a common seal, and the same may alter, break and re-
new, at pleasure.
§ 2. The corporation hereby established shall have full ^!|J^^".^^^ ""*
power and authority to manufacture and sell gas to be made
from any or all of the substances or a combination thereof,
from which inflammable gas is usually obtained, and to be
used for the purpose of lighting the city of Mattoon, with
all the additions or enlargements thereof, or the streets
and avenues thereof, and any buildings, mills, manufac-
tories, colleges, accdemies, churches and public places or
houses therein contained, and to er^ct all necessary works
and apparatus, and to lay pipes for the purpose of conduct-
ing the gas in any of the streets of said city or any of the
streets or avenues of the same : Provided^ that no perma- Proviso,
nent injury or damage shall be done to any street, lane or
highway of said city. The real estate which this corpora-
tion is entitled to hold, shall not exceed in value fifty thou-
sand dollars.
§ 3. The capital stock of said company shall not exceed capital steck
three hundred thousand dollars, to be divided into shares
of fifty dollars, to be subscribed and paid for in such pro-
portions as shall be prescribed by the by-laws and rules for
regulating the concerns of said company, as they shall thirk
proper and necessary respecting the management and dis-
position of the stock, property and estate of said company,
the duties of the officers, artificers and agents to be em-
ployed, the number and selection of directors and all such
matters as appertain to the concerns of said company. Said
company shall have the exclusive right and privilege of -'^jf^hte"^
supplying the city of Mattoon and its inhabitants with gas
for the purpose of affording light, for twenty-five years."
§ 4. This act is hereby declared to be a public act and
shall be in force from and after its passage.
Approved February 26, 18G7.
**74:
GAS LIGHT COMPANY.
Section 5
amended
rce Feb'y AN ACT to amend an " An act approved February 20, a. d., 1861, enti-
'•186T. ^lg(j an act to incorporate the Pekin Gas Light Company."
Section 1. Be it enacted by the People of the State of
Illinois, represented in the O-eneral Assembly, That sec-
tion tive (5) of said act be so afnended as to read as follows :
It shall be lawful for the directors of said company at an}-
time they may require, to borrow or obtain on loan such
sum or sums of money, and on such terms as they may
deem expedient, not, however, to exceed the sum of litty
Indebtedness, thousaud dollars at any one time, and at a rate of interest
not exceeding ten per cent, per annum, and to secure the
re-payment of such sum or sums as borrowed, with interest
thereon ; the directors of said company are hereby author-
ized to issue the bonds of the company tlierefor, and to
further secure the sums by mortgage or deed of trust upon
the real property, rights, privileges and franchises of said
company to the same extent as natural persons, may pledge
or mortgage their property, such mortgage or deed of
trust to be executed by the president of said company,
and attested by .the secretary under the seal of said com-
pany.
§ 2. That the provisions and powers conferred by this
act, shall apply to and extend to the receiving of any
money heretofore borrowed by the directors of said com-
pany, as well as to any money that may hereafter be bor-
rowed.
§ 3. This act shall be in force from and after its pas-
K.xten,-
power
Approved February 25, 1867.
ill force March AN ACT to incorporate the El Paso Gas Litrht and Coke Company.
5, 1867.
Section 1. Be it enacted by the People of the State of
Illinois, represented in the General Assembly, That John
T. Harper, Daniel B. Webster, Samuel H. Mitchell, George
L, Gibson, Robert G. Ingersoll, Joseph H. Moore, George
H. Campbell, James M. Harper and Kobert T. Cassell,
their successors, associates, heirs and assigns, be and they
are hereby created a body corporate and politic with per-
Nai.ie and stylo petual succcssion, by the name and style of ''El Paso Gas
Liglit and Coke Company," and by that name they and
i'ovrci.H. their successors shall be capable in law, of contracting and
being contracted with, suing and being sued, defending
and being defended in all courts and places, and in all mat-
ters whatsoever, with full power to acquire, hold, occupy
GAS LIGHT COMPANY. 975
and enjoy all such real and personal estate as may be ne-
cessary and jjropertur the construction, extension and use-
fulness of the works of said company, and for the manage-
ment and crood government of the same ; and they may
have a common seal and the same may alter, break and re-
new at pleasure.
§ 2. The corporation hereby created, shall have full Busineas an*
power and authority to manufacture and sell gas, coke and ''^^'^'^ '*'"''
tar, made from any or all of the substances from which in-
flammable gas and tar and coke are usually obtained, and to
be used for the purpose of lighting the city of El Paso or
the streets thereof, and public places or houses therein con-
tained, and other places in that vicinity, and to erect all ne-
cessary works and apparatus, and to lay pipes for the pur-
pose of conducting the gas in any of the streets, avenues,
public grounds or other places in the said city or elsewhere :
Provided, that no permanent injury or damage shall be done Previao.
to any street, lane or highway, of said city. The real es-
tate which this corporation is entitled to hold, shall not ex-
ceed in value two hundred thousand dollars, and it shall be
lawful for the said company to sell, lease and convey any
real estate it may possess, when not required for its own use.
§ 3. The capital stock of said company, shall not exceed capital stoek.
three hundred thousand dollars, to be divided into shares
of iifty dollars each, to be subscribed and paid for in such
pruportions as shall be prescribed by the by-laws and rules By-iaws, eto.
for regulating the concerns and affairs of*^said company;
which by-laws, rules and regulations, the said company by
its directors are hereby empowered to make and change,
alter and revise at pleasure ; and provide for the manage-
ment and disposition of the stock, property and real estate
of said company, the duties of the officers, artificers and
agents to be employed, the number and selection of direc-
tors and all such other matters as pertain to the concerns,
affairs or necessities of the company. Said company shall
have the exclusive right and privilege of supplying the city Exclusive i>n-
of El Paso with gas for the purpose of affording light for /''^^^*'
thirty years.
§ 4. The city council of the city of El Paso, are hereby Bond.,
authorized, and they may issue to the said El Paso gas
light and coke company, as a loan of their credit, bonds to
any amount not exceeding twenty-hve thousand dollars,
and not to draw over ten per cent, interest, payable in five,
ten, fifteen, twenty and twenty-five years, from the date of
issue, secured upon the revenues of the said city of El Paso.
§ 5. It shall be lawful for the directors of said company, indebterfness.
at any time they may require, to borrow hioney or obtain
on loan such sums of money and on such terms as they
may deem expedient, and to issue the bonds of the com-
pany for the same ; not however, to exceed the sum of fifty
thousand dollars at any one time in any one year.
976 RAILROAD COMPANY.
Real estate. ^ G. The Said compaiiy may acquire by purchase or con-
demnation, agreeably to the laws of this state, such real es-
tate as shall by them be required for their said business.
§ 7. This act to take effect and be in force from and
after its passage.
In force March AN ACT to incorporate the Arenzville, Virginia and Blooniington Railroad
7. 1S67.; Company.
Section 1. Be it enacted hy the People of the IState of
Illinois, rejyresented in the General Assembly, That J. K.
Name and style Van Dcmark, Calvin Diffenbarker, J. Q. Dunlap, Alexan-
der liufiman, N. 13, Beas, R, W. Eabaum and LeRoy
Carpenter and their associates, successors and assigns, are
hereby created a body politic and corporate under and by
the name and style of "The Arenzville, Virginia and Bluom-
ington Railroad Company " with perpetual succession and
by that name and style shall be, and arc hereby made ca-
p'>able in law and in equity, to sue and be sued, plead and
be impleaded, defend and be defended in all courts of law
and equity in this state or elsewhere; to make., have and
use a common seal, and alter the same at pleasure, and by
that name and style shall be capable in law of taking, hold-
ing, purchasing, leasing, selling and conveying estate and
property, real, personal and mixed, so far as the same may
be necessary for the purpose hereinafter named, and not
Powers, etc. further, and shall be and are hereby vested with all the pow-
ers, privileges and immunities which may be necessary to
carry into effect the object and purpose of this act.
Lme of road. § 2, The said company shall have power and authority
to locate and from time to time to alter, change and relocate,
construct andreconstruct, finish, maintain and operate a rail-
road, with one or more tracks, commencing at Meredosia in
thecounty of Morgan, running thence to Arenzville, in the
county of Cass, thence through Virginia to Petersburg, in
the county of Menard, thence through the counties of Lo-
gan and McLean, to Blooniington, upon the most eligible
route, to be selected by the company. And for the purpose of
constructing the said railroad, said company shall have
power to lay out and establish their said road, in width not
exceeding one hundred feet, through the entire length there-
of; and for the purj)Ose of constructing bridges, dams, em-
bankments, excavations, spaid banks, engine houses, depots,
station grounds, machine shops, turnouts, turntables and
all other buildings and fixtures necessary and suitable for
the construction, altering, maintaining and operating said
RAILROAD COMPANY. 077
road, and also, for obtaining necessary stone, gravel and
rails, the said company may take, use and occupy all neces-
sary lands upon either side of said road.
§ 3. The said company shall have power to take and Grants, etc.
hold all such voluntary grants and donations of lands and
real estate as may be made to said company, to aid in the
construction and maintenance of said road, and to take con-
veyances of any and all estate therein to said company and
their successors in office, or their assigns in fee and other-
wise ; and the right of way, and the real estate purchased
for the right of way for said company, whether by mutual
agreement or otherwise, or which shall become the proper-
ty of the company by operation of law as in this act pro-
vided, shall upon the payment of the amount of money be-
longing to the owner or owners of said lands as a compen-
sation for the same, become the property of said corporation
iu fee simple.
§ 4. The said company are hereby authorized, by their Enter upon
engineers, agents and surveyors, to enter upon any lands Jfempen'^aUon.
for the purpose of making the necessary survey and exam-
ination of said road, and to enter upon and take and hold,
all lands necessary for the construction of said road, by first
making just compensation to the owner thereof, for dam-
ages that may arise from the appropriation thereof to the
uses aforesaid, and in case said company can not acquire
title to the land required for said uses, by purchase or vol-
untary cession, then they may proceed to acquire it under
the general laws in such cases made and provided.
§ 5. The capital stock of said corporation shall consist Capital stock.
of two million of dollars ($2,000,000) and may be increased
l)y the directors of said company to any sum necessary to
complete and equip said road. The said capital stock shall
be divided into shares of one hundred dollars each, and
shall be deemed personal property, liable to be sold under
execution and shall be transferable in such manner as shall
be ordered by the directors.
§ 6. All of the corporate powers of said company shall Direotora.
be vested in and exercised by a board of directors, five in
number, to be chosen anually by the stockholders, who shall
hold their oflices for one year, and the time and manner of
holding elections for directors shall be determined by the
by-laws of the company ; and at all elections each stock-
holder shall be entitled to one vote for each share of stock
owned by him, and may vote in person or by proxy. Said
board shall elect one of their own number president of
the company, and appoint all necessary clerks, secretary
and other officers necessary for the transaction of the busi-
ness of the board, and if a vacancy should occur in the
board, by any cause whatever, before the annual election,
said vacancy may be filled by appointment, under such rules
and regulations as may be prescribed.
Vol. I— S3
078 GAS LIGHT COMPANY.
meneement.
etc,
First board of § 7. TliG fii'st board of directors shall consist of C.
directors. Ditfenbarkor, R. W. Kabanin, Alexander Huffman, N. B.
Beas and J. Q. Dunlap, who shall hold their office fur one
year after the passage of this act. Said directors shall cause
the books to be opened for subscription to the capital stock,
in such a manner as may be fixed by by-laws.
Privileges, etc. § 8. The Said company shall be entitled to the privi-
leges, immunities and protection, as other railroad compa-
nies are, and shall be subject to the same penalties and
restrictions.
rime of com- § 9. This act is hereby declared to be a public act and
shall be in force from and after its passage, and said com-
pany shall commence its work within three years and com-
plete the same within live years after the passage of this act.
Approved March 7, 1867.
In force March AN ACT to incorporate the Union Gas Lii^lit and Coke Company, of La
^' IS*'"^- Salic and Peru.
Section 1. Beit enacted hy the People of the State of
Illinois^ represented in the General Assembly^ That John
E. Colton, B. T. O. Hubbard, E. F. Bull, Lewis M. Peter-
son, Edward P. Everett and D. B. Hilliard, be and they
are hereby created a body corporate and politic, with per-
Nameand style pctual succGSsiou, by the name and style of "The Union
Gas Light and Coke Company," of LaSalle and Peru, and
by that name they and their successors shall be capable in
Powers. law of contracting and being contracted with, suing and be
sued, defending and being defended, in all courts and places,
and in all matters whatsoever, with full power to acquire,
hold, occupy and enjoy all suc^i real and personal estate as
may be necessary and proper for the construction, exten-
sion and usefulness of the works of said company and for
the management and good government of the same, and
they may have a common seal, and the same may alter, break
and renew at pleasure.
Business and § 2. The Corporation hereby created shall have full
operations. power and authority to manufacture and sell gas, to be
made from any or all of the substances or a combination
thereof from which inflammable ( gas] is usually obtained, and
to be used for the purpose of lighting the cities of La Salle
and Peru, or the streets thereof, and any buildings, manu-
factories, colleges, academies, churches and public places or
houses therein contained ; and to erect all necessary works
and apparatus, and to lay pipes for the purpose of conduct-
ing the gas in any of the streets or avenues of said cities :
GAS LIGHT COMPANY. 979
Provided^ that no permanent injury or damage shall be
done to any street or lane or highways of said cities.
§ 3. The capital stock of said company shall not exceed capital stock.
three hundred thousand dollars, to be divided into shares of
one hundred dollars each, to be subscribed and paid for in
such proportions as shall be presribed by the by-laws and By-iaws, etc.
rules for regulating the concerns of said company as they
shall think necessary and proper, respecting the manage-
ment and disposition of the stock, property and estate of
said company, the duties of the officers, artificers and
ao-ents to be employed, the number and selection of direc-
tors, and all such matters as appertain to the concerns of
said company. Said company shall have the exclusive privi- Exclusive pri-
lege of supplying the cities of LaSalle and Peru and their ^' *°^^'
inhabitants with gas, for the purpose of affording light, for
twenty-five years : Provided the franchises hereby granted pic
shall be forfeited unless the said company shall be pre-
pared to furnish gas within two years, and the said company
shall be subject to any general law of this state, on the sub-
ject'of gas companies.
§ 4. This act to take effect and be in force from and af-
ter its passage.
Approved March 6. 1867.
AN ACT to revive an act entitled " Au act to incorporate the Morris Gas in force March
roviso.
Light and Coke Company, " approved February, 16, 1857.
8, 1S67
force.
Section 1. Be it enacted hy the Peojple of the State oj-
Illinois^ represented in the General Assembly^ That a ^^t approved
certain act entitled "An act to incorporate the "Morris Gas Feb'y le, iss;,
x'l ^ r^ -x r^ 11 i-ni -t n -1 r, r^ rr revived and m
Light and Coke Company," approved h ebruary 16, 1857,
be and the same is hereby revived and declared to be in
full force and perpetual.
§ 2. This act shall be a public act, and in full force from
and after its passage.
AN ACT to amend "An act to incorporate the Aurora Gas Light Company." tn force March
"" 9,1867.
Section 1. Be it enacted hy the People of the State of
Illinois, represented in the General Assembly, That an act Act approved
entitled "An act to incorporate the Aurora Gas Light Com- amendea.^^^^'
980 GAS LIGHT COMPANY.
panv," approved February 20, 1861, be amended by striking
out of the third section thereof the words "said company
shall have the exclusive right and privilege of supplying
the city of Aurora with gas, for the purpose of affording
light, for twenty years," and also by striking out the whole
of section four (4) of said act.
This act shall be in force from and after its passage.
Approved March 9, 1867.
In force May AN ACT to incorporate the Washington Gas Light Company.
8, 1867.
Section 1. Be it enacted hy the People of the State of
Illinois^ represented in the General Assernbly, That Na-
corporators. thauiel E. Pegram, Howard Elmer and John Hopkins, and
their associates, successors and assigns, be and they are
hereby created a body corporate and politic, with perpetual
Name and style succcssion, by the name and style of the "Washington Gas
Light Company," and by that name they and their sue-
Powers. cessors shall be capable in law, of contracting and being
contracted with, suing and being sued, defending and be-
ing defended, in all the courts and places, and in all mat-
ter whatsoever, with full power to acquire, hold, occupy
and enjoy, all such real and personal estate as may be ne-
cessary and proper for the construction, extension and use-
fulness of the works of said company, and for the manage-
ment and good government of the same ; and they may have
a common seal, and the same may alter, break and renewat
pleasure.
^'opt'lftfons ^"'^ § 2. The corporation hereby created shall have full
power and authority to manufacture and sell gas to be made
from any or all of the substances or combinations thereof,
from which inflammable gas is usually obtained, and to be
used for the purpose of lighting the city of Virginia or the
streets thereof, and any buildings, manufactories, public
places or houses therein contained, and to erect all neces-
sary works and apparatus, and to lay pipe for the purpose
of conducting the gas in any or all the streets, avenues or
alleys of said city, with or without the consent of its cor-
porate authorities : Provided, that no premanent injury o-r
damage shall be done to any of the said streets, avenues
or alleys.
Capital stack, § 3. The Capital stock of said company shall be twenty
thousand dollars, to be subscribed for and paid in such pro-
portion as shall be prescribed by the by-laws and rules for
the regulation of said company, and may be increased at
pleasure, in shares of one hundred dollars each.
GAS LIGHT COMPANY. 981
§ 4. The corporation hereby created and organized shall pirectora.
be under the direction of five directors, all stockholders in
said company, one of whom shall be elected president, and
they shall prescribe by-laws and rules for the regulating the
concerns of said company.
§ 5. Said company shall have the exclusive right and Exclusive piivi-
privilege of supplying the aforesaid city and its inhabi- '^^®*"
tants with gas, for the purpose of affording light, subject to
existing rights, and may borrow money and for such pur-
pose maj' issue bonds and mortgage its property, loan sur-
plus funds and take mortgages on real estate to secure the
payment of the same. This company shall be confined to
the county of Oass.
Approved March 8, 1807.
AN ACT to incorporate the Champaign and Urbana Gas Light and Coke In force Feb'y
Company. 18, 1867.
Section 1. Be it enacted hj the People of the State of
lUinois, represented in the General Asseinbly, That John
Faulds, Daniel Gardner, Thomas A. Cosgrove, C. R.
Griggs, John G. Clark and Chalmers M. Sherfy, and their
associates, be and they are hereby created a body politic
and corporate with perpetual succession, by the name and
style of ''The Champaign and Urbana Gas Light and Coke Name and style
Company," and by that name they and their successors
shall be capable in law of contracting and being contracted Powers.
with, suing and being sued, defending and being defended
in all courts and places, and in all matters whatsoever, with
full power to acquire, hold, occupy and enjoy all such real
and personal estate as may be necessary and proper for the
construction, extension and usefulness of said company, and
for the management and good government of the same ;
and they may have a common seal, and the same may alter,
break and renew at pleasure.
§ 2. The corporation hereby created shall have full power Business, etc.
and authority to manufacture and sell gas, to be made from
any or all of the substances, or a combination thereof,
from which inflammable gas is usually obtained, and to be
used for the purpose of lighting the cities of Champaign
and CTrbana, with all the additions or enlargements thereof,
or the streets and avenues thereof, and any buildings, mills,
manufactories, colleges, academies, churches and public
places or houses therein contained ; and to erect all neces-
sary works and apparatus, and to lay pipes for the purpuse
of conducting the gas in any parts of the streets of said
982 GAS LIGHT COMPANY.
Proviso. cities or any avenues of the same : Provided, that no per-
manent injury or damage shall be done to any street, lane
or highway of said cities. The real estate which this cor-
poration is entitled to hold shall not exceed in value fifty
thousand dollars.
Capital Ptocif. g 3_ r^i^Q capital stock of said company shall not exceed
three hundred thousand dollars, to be divided into shares
of fifty dollars, to be subscribed and paid for in such pro-
By-iaws. portious as shall be prescribed by the by-laws and rules
for regulating the concerns of said company, as they shall
think proper and necessary respecting the management and
disposition of the stock, property and estate of said com-
pany. The duties of the officers, artificers and agents to
be employed, the number and selection of directors and all
such matters as appertain to the concerns of said company.
ExciuMve pri- Said Company shall have the exclusive right and privilege
viieges. ^f supplying the cities of Champaign and Urbana and its
inhabitants with gas, for the purpose of affording light, for
twenty-five years.
§ 4, This act is hereby declared to be a public act, and
shall be in force from and after its passage.
Approved, February 18, 1867.
In force Feb'y AN ACT to incorporate the Northwestern Gas Light and Coke Company.
21, 186T.
Section 1. Be it enacted hy the Peojple of the State of
lllinou, re;presented in the General Assembly, That Wil-
liam 11. Lunt, Lyman J. Gage, Josiah F. Willard, Merrill
Ladd and Philip B. Shumway, their associates, successors,
heirs and assigns, be and they are hereby created a body
corporate and politic with perpetual succession, by the
Name and style name and style of " The Northwestern Gas Light and Coke
Company," and by that name they and their successors
Powers. shall be capable in law of contracting and being contracted
with, suing and being sued, defending and being defended
in all courts and places, and in all matters whatsoever,
with full powers to hold, acquire, occupy and enjoy all such
real estate and personal property as may be necessary for
the construction, extension and usefulness of the works
of said company and for the management and good gov-
ernment of the same ; and they may have a common seal,
and the same may alter, break and renew at pleasure.
Manufafituie R 2. The corporatiou hereby created shall have full
and sell gas — "^ - . -T . i- , in j. \
purpose. power and authority to manufacture and sell gas, to be
made from any or all the substances, or a combination
thereof, from which gas is usually obtained, or any other
substance which they may choose to employ in the manu-
GAS LIGHT COMPANY. 983
facture of the same, for the purpose of lighting the village
of Evaiiston, in Cook county, or the streets thereof, and
any public buildings, shops or manufactories, and public
places or houses therein contained, and to erect all neces-
sary works and apparatus, and to lay pipes for the purpose
of conducting the gas in any ot the streets, avenues or al-
leys of said village. The real estate which this corporation
is entitled to hold shall not exceed in value one hundred
thousand dollars.
§ 3. The corporation hereby created, when organized, officers, etc.
shall be under the direction of five directors, all stockhold-
ers ot said company, one of whom shall be elected presi-
dent. The directors shall have power to make such by-
laws, rules and regulations for conducting the works, the
election of directors and the aifairs of the company, and
may appoint such officers, agents and employees, and pre-
scribe the duties of the same, as to them may seem neces-
sary, not inconsistent with the laws of this state.
§ 4:. The capital stock of said company shall not exceed capital Rtock.
two hundred and fifty thousand dollars, divided into shares
of one hundred dollars each, to be subscribed and paid for
as may be prescribed by the corporators above named, or
their successors or assigns.
§ 5. The said company shall have the exclusive right ^^"^f^^^^i''^ p"'
and privilege of manufacturing and supplying the village of
Evanston and its inhabitants with gas for twenty-five years,
and may borrow money, and for such purposes may issue
bonds and mortgage its property, loan surplus funds they
may have on hand, and take mortgage or mortgages on
real estate to secure the payment of the same.
§ 6. This act sliall be taken and deemed a pnblic act,
and shall be construed beneficially for the purposes herein
specified or intended, and shall take effect from and after
its passage.
Appkoved February 21, 1867.
AN ACT to incorporate the Danville Gas Light Companv. la force April
' o 1 - 21,1867.
Section 1. Be it enacted by the People of the State of
Illinois, represented i?i the General Asseinhly, That Joseph
G. Englisli, Jobn Dunton, William W. R. Woodbury, corporators.
William Giddings, Victor Lessure, Hiram W. Beckwith
and Raymond \V. Ilosford, their successors, associates,
heirs and assigns, be, and they are hereby created a body
corporate and politic, with perpetual succession, by the Powers.-
name and style of "Danville Gas Light Company," and by
that name they and their successors shall be capable in law
98i GAS LIGHT COMPANY.
of contracting and being contracted with, and suing and
being sued, and defending and being defended in ail courts
and places, and in all matters whatsoever, with full power
to acquire, enjoy, hold and occupy all such real and per-
sonal estate as may be necessary and proper for the con-
struction, extension and operations of the works of said
company and for the management and good government
of the same, and may have a common seal, which they may
change or alter at pleasure.
Maauiuctuie § 2. Said Corporation shall have full power and authority
gas, c-okc, etc. ^^ manufacture, sell, and dispose of gas, coke and tar, made
form any or all of the substances from which inflammable gas,
coke and tar can be obtained, and to be used for the pur-
pose of lighting the city of Danville, or the streets thereof,
and public places or houses therein contained, and other
places in that vicinity, and to erect all necessary works and
apparatus; and to lay pipes for the purpose of conducting
the gas in any of the streets, avenues, alleys, highways,
public grounds, or other public places in said city or else-
injury to streets where : Provided^ that no permanent injury or damage
shall be done to any street, lane, alley or highway in saW
city. The real estate which this corporation is entitled to
hold, shall not exceed in value one hundred thousand dollars,
and it shall be lawful for the said company to sell and con-
vey any real estate, it may possess, when not required for
its own use.
Capital stock. ^ 3^ The Capital stock of said company shall not exceed
two hundred thousand dollars, to be divided into shares of
one hundred dollars each, to be subscribed and paid for in
such proportions as shall be prescribed by the by-laws and
rules and regulations adopted by the board of directors.
Direitors. g 4_ gr^j(| corporatiou shall be under the control and
direction of a board of directors, consisting of not more
than nine, or less than five, all of whom shall be stockholder's
in said company, and one of whom shall be president. The
directors shall have power to make by-laws, rules and regu-
lations for conducting the works, the election of direc-
tors, and the aifairs of the company, not inconsistent with
the laws of this state or the United States, and may appoint
such oflicers, agents and employees, and prescribe the duties
of the same as they may deem necessary,
or.i^niii zation. g 5_ As soon as oue hundred sliarcs shall be subscribed
or sooner if said corporators deem it exi)edient, the said
corporators or a majority of them may give notice by three
weeks' advertising in a newspaper published in said city of
Danville, of the time and place for the stockholders to meet
and elect directors, and to take such other steps toward the
organization of the company as they may deem expedient.
Stockholders shall be entitled at such and all other elections
to one vote for each and every share.
GAS LIGHT COMPANY. 985
§ 6. It shall be lawful for the directors of said conipaii}', indeiaedness
whenever thej require it, to borrow or obtain on loan, vsucli
sums of tnonej, and on such terms as they may deem expe-
dient, and to issue the bonds of the company for the same,
not however to exceed the sum of lifty thousand doUais at
any one time.
I 7. Said company shall have exclusive right and |)rivi- ^^.^;;|^'^*7f' i""''
lege of supplying the city of Danville with gas, for the
pnrpose of affording light "for the term of twenty-live years,
and the common council of the city of Danvillu ave hereby
authorized, and they may issue to the said "Danville Gas
Light Company" as a loan of their credit bonds to any
aniount not exceeding twenty -live thousand dollars, drawing
not to exceed ten per cent, interest, and payable in ten,
fifteen or twenty years from the date of issue, secured upon
the revenues of said city of Danville, said bonds to be a
first lien upon the real estate and fixtures of said '^Danville
Gas Light Company."
AppRovf:D February 21, 1867.
AX ACT to incorporate the Kankakee Gas Lis^ht and Coke Company. in force Feb'y
2S, 1SG7.
Sectiox 1. Be it enacted by the People of the State of
Illinois, represented in the General Assemhly, That Lemuel
Milk, Emery Cobb, James Mix, A. W. Muck and D. S
Parker and their associates, successors and assigns, be and
they are hereby created a body politic and corporate, by the
name and style of the "Kankakee Gas Light and Coke Com- Name and stTis
pany," and by that name they and their successors shall be
capable in law of contracting and being contracted with, rowers.
suing and beinir sued, defending and being defended in all
courts and places, and in all matters whatsoever, with full
powers to acquire; hold, occupy and enjoy all such real and
personal estate, as may be necessary and proper for the
construction, extension and usefulness of the works of said
company and for the management and good government of
the same; and they may have a common seal, and the same
may alter, break and renew at pleasure.
§ 2. The corporation hereby created shall have full a^^j^*^!
power and authority to manufticture and sell gas, coke and
tar, to be made from any and all substances or a combina-
tion thereof, from which inflammable gas, coke or tar arc
usually obtained, and to be used for the purpose of lighting
the city of Kankakee, or the streets thereof, and any build-
ings, manufactories and public places or houses therein
coiitained ; and to erect all necessary buildings, works and
apparatus and to lay pipes for the pnrpose of conducting
y and
powers. "
086
GAME AND FISH,
the gas in any of the streets, avenues or alleys of the said
city: Provided^ that no permanent injury or damasre shall
^V^aiue'of'^" l^e 'lone to any of said streets, avenues or alleys. The real
estate which this corporation is entitled to hold, shall not
exceed in value one hundred tliousand dollars, and it shall
be lawful for the said company to sell and convey any real
estate it may possess, when not required for its own use.
Capital stock. ^ 3. The Capital stock of said company shall be one
hundred thousand dollars, and may be increased to be
divided in shares of one hundred dollars each, to be sub-
scribed and paid ibr in such proportions as shall be pre-
scribed by tlie laws and rules for regulating the affairs of
said company, which by-laws, rules and regulations the said
company by its directors are liereby empowered to make
and to change or revise at pleasure, and provide for the
management and disposition of the stock, property and real
estate of said company. The dutie^i of the officers, agents
and employees, the number and selection of directors, and
all other business peataining to the affairs of said company
shall have the exclusive right and privilege of supplying
and selling the city of Kankakee and its inhabitants witli
gas, for the purpose of affording light for twenty-five years.
§ 4. This act to take effect and be in force from and
after its passage.
Approved February 23, 1867.
In force Feb'y
■23, 1867.
Time of unhi
ful killing.
Non-residents
disallowed pri-
vile<;e of kill-
ing.
Unlawful trans
portation.
AN ACT for tlie preservation of game in Hancock county.
Section 1. S^Ba it enacted by the People of the State of
Illinois^ represented in the General Assembly.^ That it
shall be unlawful for any person to kill, trap, net or ensnare
any deer, fawn, wild turkey, grouse, prairie hen or chicken,
quail, Yirginia partridge or pheasant, between the first day
of March and the twentieth day of July, in each and every
year.
§ 2. That it shall be unlawl'ul for any person who is not and
who has not been an actual and bona fide resident of this state
for sixty days, to kill, trap, net or ensnare any deer, fawn, wdld
turkey, grouse, prairie hen or chicken, Virginia partridge,
pheasant, quail, woodcock, wild goose, duck, brant, plover,
snipe or any wild irame of any kind, nature or description,
at and within tiie county of Hancock, and state of Illinois,
at any time after the passage of this act.
§ 3. That it shall be unlawful for any person, corpora-
tion, express company, ferry boat or common carrier, their
agents or servants, to carry, transport or convey i\\\y of the
animals or birds mentioned in section two of this act from
GAME AND FISH. 987
or out of said count.y of Hancock, at any time from and af-
ter tiie passage of this act.
§ 4. That it shall be unlawful for any person or corpo- unlawful pos-
ration to buy, sell or have in possession any of the before
mentioned animals or birds specified in section one of this
act, between the first day of March and the twentieth day
of July in each and every year, at any time whei; the kill-
ing, trapping, netting and ensnaring of such animals ov
birds shall be unlawful, which shall have been killed, en-
trapped, netted or ensnared contrary to the provisions uf
this act. ,
§ 5. That it shall be unlawful for any person or persons unlawful traffic.
to buy any of the before mentioned animals or birds, at any
time after the passage of this act, for the purpose of selling
or trafhcking in the same.
§ 6. That it shall be unlawful for any person to ensnare. General prohibi-
trap or net any quail, prairie hen or chicken, Virginia ^"*°-
partridge or pheasant at any time after the passage of this
act.
§ 7. That it shall be unlawful for any person or persons unlawful de-
to destroy or remove from the nests of any prairie chicken, s'l'^ction.
grouse, quail, wild turkey, Virginia partridge or pheasant,
any egg or eggs of any such bird ; or for any person or
persons to buy, sell or have in possession or to traffic in
any such eggs, or willfully to destroy the nests of any
said birds, under the penalty of five dollars for each and
every offence, to be sued for and recovered as provided in
the ninth section of this act.
§ 8. That any person or persons who shall go upon the Penaiues^for
premises of any person or persons or corporation, whether ^°^
the same be inclosed or not, with the intention to ensnare,
entrap or net, or be found ensnaring, entrapping or net-
ting any of the before mentioned animals or birds, or to
hunt, or to be found hunting or killing any of the before
mentioned animals or birds, contrary to the provisions of
this act, shall be deemed guilty of misdemeanor, and on
conviction thereof shall be fined in a sum not less than fif-
teen dollars, and not exceeding one hundred dollars, for each
and every offence.
S 9. Any person who shall willfully violate any of the violation of law
" . . ■',. ^1 . , 1 1. ,- ,- •■ 1 c 1^ iii'^ —penalties for.
provisions of this act shall forfeit and pay a fine of fifteen
dollars for each deer or fawn thus killed, entrapped, netted
or ensnared, bought, sold, transported, carried, conveyed or
held in possession, as aforesaid ; and the sum of five dollars
for each and every wild turkey, grouse, prairie hen or
chicken, quail, .Virginia partridge, pheasant, woodcock,
wild duck, goose, brant, plover or snipe, as aforesaid, and
for each and every one of them, to be sued for and recov-
ered before any justice of the peace of the county, in an
action of debt, or before any court having jurisdiction
thereof; said penalty shall go to the school trustees of the
988 GAME AND FISH.
township in which this act shall have been violated, to be
Disposition of added to the school fund of said t<:»wnship ; the action to be
nes, ee. brought in the name of Hancock county : Provided,, how-
ever^ that any line or penalty provided for by this act, may
be i)roceeded for and recovered by warrant, to be issued in
the name of the people of the state of Illinois, by any jus-
tice of the peace of said county, and upon conviction thereof,
the justice may order the defendant or defendants to stand
committed to the jail of said county, until said hue or pen-
alty, together with the costs of suit, shall be fully paid and
discharged.
Evideneeofun- R 10. The provisions of this act shall not be construed
lawful killing. i • , , , ^ . .
as applicable to any expi ess company or common carrierinto
whose possession any of the animals or birds therein men-
tioned shall come, in the regular course of their business,
for transportation while they are in transit through said
Hancock county, from any place without said county, where
the killing of said animals or birds shall be lawful. But,
notwithstanding this provision, the having or being in
possession of any of said animals or birds by any person or
persons, corporation, railroad company, express company,
ferry boat or common carrier, their agents or servants, be-
tween the said first day of March and the twentieth day of
July, in each and every year after the passage of this act,
or at or upon any of the days in which the killing, entrap-
ping, ensnaring, netting, buying, selling or having in pos-
session any of said animals or birds, shall be unlawful by
the provisions of this act, shall be deemed and taken as
prima facie evidence that the same were killed, ensnared,
entrapped, netted, bought, sold or held in possession in
violation of the provisions of this act.
^^mT'°° °^ § 11. That any person or persons who are not residents
of the slate of Illinois, in conformity to the provisions of
the second section of this act, or any railroad company, ex-
press company, ferry boat, corporation or common carrier,
their agents or servants, who shall have any of the before
mentioned animals or birds in their possession, at any time
after the passage of this act, at and within the county of
Hancock, and state of -Illinois, such possession shall be
deemed and taken as ^irima facie evidence that the same
was ensnared, entrapped, netted, killed or held in posses-
sion, in violation of the provisions of this act.
Conflicting acts § 12. All acts and parts of acts conflicting with the pro-
tepea e . yisious of this act, or so much thereof as relates to the said
county of Hancock or is applicable thereto, are hereby re-
pealed, and the provisions of this act shall be in force and
apply to the said county of Hancock, in the state of Illinois.
§ 13. This act shall be a public act, and shall take eliect
and be in force in said county of Hancock from and after its
Approved February 23, 1867.
GAME AND FISH. ^^9
AX ACT for the protection of fish in the county of Macoupin. In ^'-ce^^i'^'^'y
Section 1. Beit enacted by the People of the State of
minais, represented in the General Asiitvibly, That trom
and Ster L passage of this act, it shall be unlawtul to ^^!^,^
take or capture any ti«h from any of the rivers, brooks or
other streams of water, within the limits ot the county ot
Macoupin, with any seme or seines, gill net or nets, dip net
or nets, set net or nets, trap or traps, or other nets, except
minnows or such other small fish as are commonly used lor
the purposes of bait.
S 2 That it shall be unlawful for any person or persons Possession.
to have in possession any fish which shall have been taken
in violation of this act. Any person or persons so having
in possession any such fish, who may have been seen using
any of the implements above described for the taking and
capturino- of fish, it shall be deemed prima facie evidence
that such fish had been taken, captured or caught in viola-
tion of the provisions of this act.
g 3 Any person who shall take or capture any fish or f-J-^--^^
fishes in violation of the provisions of this act, shall torteit ot fines.
and pay a tine of five dollars for each fish so taken, to be
sued for and recovered before any justice of the peace ot
said Macoupin county, in an action of debt, or before any
com-t having jurisdiction thereof, one halt ot the fine or
forfeiture so recovered, shall go to the informer, and tbe
other half to the school fund of the township m which this
act may have been violated. The action to be brought in
the name of the people of said county of Macoupin.
§ 4. This act «hall take eflect and be in force from and
after its passage.
Appkoved February 19, 1867.
AN ACT for the preservation of game and fish, in the counties of Adams In ^orc^e^FeVy
and Hancock.
Section 1. Be it enacted by the People of the State of
Illinois, represmted in the General Assembly, That it shall
be unlawful for any person in the county of Adams or the ^^^^
county of Hancock, to take, kill, trap, net or snare any
wild turkey, quail, grouse or pheasant, between the 14-, day
of February and the first day of October ; any prairie hen
or chicken, between the first day of February and the tenth
day of August; any woodcock, between the first day ot Jan-
uary and the first day of July ; any deer or fawn between
the fifteenth day of January and the fifteenth day of Au-
990 GAME AND FISH.
gust; or any wood or summer duck, between the lifteenth
day of April and the lifteenth day of August in each year.
The having any such game in possession, in either of said
counties within the tiujes herein prohibited, shall heprhyia
facie evidence that the person so having such game in pos-
session, has unlawfully taken, killed, trapped, netted or en-
snared the same within said counties.
When unlawful § 2. It sliall be uulawful for any person or persons to take
to take fish. ^^ Q-^i^lx iigh from any lake, bayou, slough or creek, in either
of said counties except in the main stream of the Mississippi
river and in Quincy bay and Lima lake and slough, in the
waters of Bear creek and in all waters on the Mississippi river
bottoms between the said Lima lake and slough and the said
Quincy bay, by means of any sein, gill net, trammel net, pike
or loop net or any other kind of net ; any person violating the
provisions of this section, shall forfeit and pay the sum of
twenty live dollars.
Penalties. g 3_ ^,-,y person violating the provisions of the first
section ot this act, shall be liable to the same penalties as
are provided by an act entitled " An act for the preserva-
tion Of game," approved February 16, a. d. I860, and the
said penalties, as also the penalty imposed for a violation of
the second section of this act, shall be enforced and the fines
disposed of in the manner provided by said last mentioned
act for violations thereof ; and said last named act, so far
as the same coniiicts with the provisions of this act, is hereby
repealed.
§ 4, This act shall take effect and be in force from and
after its passage.
Appkoved February 21, 1867.
l\\ force Feb'y AN ACT to incorporate the Piscatorial Association.
23, 1S6T.
Section 1 . Be it enacted by the People of the State of
Illinois^ represented in the General Assembly^ That Charles
L. Wilson, John Ross, 0. V. Dyer, Erastus Bailey, R. K.
Swift and all others who may become associated with
them as subscribers to the capital stock of the association
hereby created, their successors and assigns forever, be, and
they arc hereby created a body politic and corporate, by the
Name and style name and style of "The Piscatorial Association," and by
that name shall be, and hereby are, empowered to have, hold,
possess and enjoy by themselves, successors and assigns
forever, lands, tenements, hereditaments, goods, chatties,
choses in action and effects of every kind, and waters and
water courses, and the same to grant, sell, alien, and dis-
pose of; to sue and be sued, plead and be impleaded, in all
GAME AND FISH.
991
courts of law and equity ; to have and use a common seal,
and the same to change, alter or renew, at pleasure.
$ 2. The chief olrjects of the association shall be to em- ci.icf objeeu.
plov its capital to explore for, survey, examine and purchase
or acquire interest in laiuls, waters and water courses, suit- _
able for the propagation and growth of lisli, and to improve
such lands, waters'and water courses, chiefly for the objects
above named, and also in such other ways as may be deemed
most beneticial and satisfactory to a majority of the stock-
holders. .
§ 3. The business and affairs of said corporation shall Bujne^ss^^^aud
be'managed by a board of not less than three, nor more
than seven directors, and such officers and agents in Uns
state and other states and places as they may appoint. The
iirst board of directors shall be elected by the corporators
aforesaid, or snch of them as may act, together with such
other persons as may become associated with them as sub-
scribers to the said capital stock; and thereafter the said di-
rectors shall be elected by ballot, by and from said stock -_
holders. The said directors shall hold office for the term ot
three years, and until others shall be elected to fill their
places. In case of a vacancy by death, resignation, or oth-
wise, the remaining directors may till such vacancy by ap-
pointment until the next regular election. There shallbe Ei^'^^io-i of
meeting of the stockholders at the office of the association
in Chicago, in this state, on the first Tuesday in April, of
each and every year ; three stockholders representing, ^'^X^'^'^
either by ownership or proxy, one-half of the said capital
stock shall constitute a quorum for transacting business;
the said directors shall have power to ordain and put in ex-
ecution such by-laws and regulations as they_ may deem
proper for the well ordering and government of said corpo-
ration : Provided, they be not repugnant to the laws of the
land, or to the provisions of this act of incorporation. The
said directors shall have power to make or cause to be
made, surveys and examinations of lands, waters and water
courses, deemed suitable for the objects above expressed,
and so much thereof, as may be considered tit to carry out
the said objects, to purchase or to acquire such interest
therein as may seem requisite for the objects and use of the
association ; and to pay the purchase price thereof in mo-
ney, or in lieu of money, to exchange therefor^ such other
fair value as may be agreed upon with the parties in inter-
est, in any such lands, waters or water courses; and to ap-
point all such officers and agents, and to fix their compen-
sations, duties, and terms of office, or service, as they in
the exercise of a reasonable discretion may deem proper.
The home office of said association shall be located in the
said city of Chicago; contracts to which said corporation
may be a party shall be valid and binding with or without
the seal of the association attached.
093
GAME AND FISH.
u-anization. § 4. At any time witliin two years from and after the
passay:e ot this act, and not affer^vards, the said corporators,
or such ot them as may act, shall proceed to organize the
association by the election of, and trom, the subscribers to
said capital stock, of three persons to constitute the lirst
board ot directors, and they shall open books for subscrip-
tion tor said capital stock.
c.pitui stock. § 5. The said capital stock shall be acquired by issue
and sale ot certificates of shares therein, in such sums per
share, and with such grades of preference as to a share or
shares in the dividends of the net profits of the association,
and with such terms and conditions as to retirement of
such share or shares as the said directors may deem i)roper
to ordain, fix or establish. The total amount of said capi-
tal outstanding at any one time may be to the extent of
iitty thousand dollars.
§ 6. It shall be lawful for the association to sell or o-rant
and issue its certificates of shares in said capital, in^ay-
ment tor valuable interests in lands, waters or water courses
goods, chatties, or effects conveyed to it, or for and in con-
sideration of any valuable service or services rendered to
the association.
'■^*"^'""'' § '^: ^"^ '^"}' annual meeting of the association (a quo-
rum tor business being present) the number of the directors
may be increased or diminished, and by-laws made amend-
ed or repealed, as two-thirds of the stockholders present
or represented at any such meeting maj approve.
'";wSrs."^ 1 ^ ^" . A^ ^^^ elections for directors, the stockholders shall
be entitled to one vote, by themselves or proxy, for each
snare ot said stock held and owned by them respectively.
§ 9 Shares in said capital stock shall be transferable,
only, on the books of the said corporation, according to its
rules and regulations.
^H'Ss''/?,.d°/ \^^' "^"-^ surplus moneys or reserved fund, belonging
to the association may be used from time to time to purchase
tor account of said corporation any certificate of a share or
shares in the said capital stock: Provided, that authority to
do so IS confirmed or given at any annual meeting, by a two-
thirds vote of the stockholders present, or represented by
proxies at such meeting. '
inoebtodness. § n ^he associatiou may borrow money for the pur-
pose of carrying out and fulfilling its objects, and to secure
the payment ot the same, with such lawful interest as may
be agreed upon, by its note or notes, bond or bonds, cou-
pon or coupons, contract or contracts, mortgage or lien on
Its real or personal estate, but not otherwise ; and the asso-
ciation may temporarily loan out any of its funds upon in-
terest and upon merchantable securities, and the same secu-
rities to sell, and the proceeds to re-invest until the sums
so loaned out are required to carry out and fulfill the chief
objects ot the association hereinbefore named.
GAME AND FISH.
thi association, set apart and «;f ^^"^f osos, and for
StS^^ft;'"oX' td^ ?:rporalonfas t.ey may
dee^ expedient and p.^per. ^^^^^^ ^^ ,^ ^ ^^yjc act, and
shlHake^eff^t from andafter its passage.
Approved February 23, l«b7.
muskrat, otteiN beaver ^^ ^^^^ ?f ,7,i, and every year.
be fonnd trapping, ensnanngonetuny^
mentioned animals within he time ^^^ ^^^.e any
ed guilty of t'3^^^f' Jtounty wherein the said premises
iusticeof the peace of "^^ '^°™'f ;„ possession of the same,
inay be, by the o™°«^73'f^;d jn any sum not less than
in an actionof trespass, aid tmea n ^ y ^^^^^
five nor more than twenty;h^^^e d^^^^ » g ^^^^^ ^
killed, entrapped, ^^"f '/Si^^^^^^ justice of the peace of
be sued for ^^d recoveied betoie a^y^^^ ^.^ .^ ^^
the county in ^^ich ^^^b act sbaU have .^^ ^^^^^^
action of debt, or before any ^^^^^^^^^^^ c'omplainant and the
of; one-half of said penalty to go to ^^^^ /^^^^^ ^^ ^hich
other half to the school trust e o the to^^^^ J^^^ ^^^^^^
this act shall ^-^ve been vioU^^^^^^^ to ^^^^^ ^^ .^ ^^^
^'^tt sta% T^^^^^^^^^ ^^^^^ ^^ ^ "'""^ "
-f\. in all cases c. the^ul^viola^y^^^^
where the complainant snal ^^^^^^J^^^^e court of record,
. ^^^0.:'^^"^^^^^^^^ his affidavit that the
Yol. 1—84:
994
GRAIN DEYIXG COMPANY.
Within the said coimty "id 'k.!.' ''"?''' ^^^^^^'er or miidc,
dents of this state, or is or ^are Thonf^ f'f ' ^^"^ "^^-r^si-
with the intentioiof evadinlthpn. '^ ^^P^'^/'^ this state,
or penalties imposed b^^t It l^ ^"?7^°^ ^^^^ P^^^^lt^'
^^isions, and that .up. , ^^^ '^ violation of its uro
within this staS "h ch'mllht he IT" •' '"" '^^ P-P-'y
payment of judcmentsXvi w f" '" execution for the
Provisions of th s ac, itdtZ^ni^' '?^^^'^^^ ""^^^- ^he
violation of this act^H be lost nd^^f ^' ^^^^^^^^ ^^^^ ^^
^e or they be held to bail tl ei ' .; d l^' recovered unless
be lawful for said ]^istice or cW^^^^^^ '"^'^^ '^''^ ^^ shall
the case may be to iW v ^^^ ^^"^^ of record as
varying thei.me to su the'S'' 'l ''] T'' ^' ^^^
™ay release his body by livln/etll ,^f '^' '^'"''^'^^^^
Appeoved February 25, 1S67.
In force Peb'v
23, 1S67.
Sonter George O.anler' fZt 4t ''' ^^f ' ^^^eph
Com-.ncI and William £ F,,™"", ,ll P'""' '^''"''S'^ -E-
cessors, be and thev oT^ i , ' ''""'' associates and sue-
.a.ean..,e and politic, unlMirn4eT.d';tTof tl'^ body corpo^^e
Vested ri.h. ^'y'""^ Company," with nernpH 'V ^ *^^'^ "lihnois Grain
'^'''" "^'^^^^^ajsnian^d besueJ^ m^^^^^^^^ succession and by that
court of law or equity ?ntM? 1 '^^^^ ^V^P^^^^^^^ i" ^^"J
and use a common sell ,nd .1 n 1 '' ^^f ^^^ere; may have
with all the powers ;'i,dle. 3 i.'""'^ ''' }''''^^y ''^^ted
or may be necessar^^ rc^PrV 1 "Tf^f '■' '^^''^' ^^-^
purposes ofthis act/ and im?'i^^^ ^^T^ '/^^ objects and
and by-laws, and mayXnot^l o '""'^ ^•^'^^«' ^'ogulations
fnd proper 'for the^overf me ? Th' "' "^^^ ^'' "^^^^^^^7
o-iness of thecorpoiSS^n h"^.:l^r^^""^'^^ ''' ^^^
^-udi^d thSiSKoSf ;;::S-P-,^^-> ?^^^^^1 be one
ot one thousand dollars e'lH.PnH ■\'' '^'^''^'''^ ^"^^ «J^'»-es
^erab e as the bydaws .ny jf.^l^ '''''} stock shall be trans-
luay be increased whene 1 J L. t"^^ f"'^' ^'^P^^'-^l «toclc
''''^' u shall be thought advisable
Capital stock
GKAIN DRYING COMPANY. 995
by said corporation, to any sum not exceeding five hundred
thousand dollars.
§ 3. Whenever stock to the amount of fifty thousand ^^sSS^e.
dollars shall have been subscribed, and twenty per cent, there-
of shall have been paid, it shall be lawful for the stockholders
of said corporation to commence business under this act, to
elect directors and to hold their office as hereinafter pro-
vided.
§ 4. Said corporation shall have power to engage in Powers,
the business of drying damp or heated grain, at any place
within the state of rilinois,\and for that purpose to erect,
maintain and use any building or buildings, warehouse or
warehouses, and any' apparatus or apparatuses, machine or
machines, which said corporation may deem proper and
advisable at any place in the state of Illinois. And said
corporation shall have powder also to engage in the manu-
facture and sale of grain drying machines or apparatuses,
at any place in said state of Illinois; and for the purpose
of engaging in such business of drying grain or manufac-
turing machines for drying grain, said corporation shall
have power to purchase any patent right for the manufacture
and use of such machine, which it may think proper. The
general office of said company shall be in the city of Chi-
cago, state of Illinois.
§ 5. Said corporation shall have power to purchase
and hold, or to lease such real estate and personal property
as may be necessary for the purpose of conducting such
business, and to purchase and hold all such real estate and
personal property as may be sold under mortgage, trust
deed, execution or other legal process, to secure and satisfy
debts due to said corporation.
§ 6. The business of said corporation shall be transacted Oj.ffie«Q';4and di-
by five directors to be chosen annually. Such directors shall
have full power to control and manage the business of said
corporation, and to appoint and employ all necessary agents
and employees, and prescribe the duties of the same ; and
to make all needful rules, regulations and by-laws, for the
full and complete management of the bnsiness of said cor-
poration : Provided, howemi\ that such rules, regulations
and by-laws, shall be subject to the approval and revision
at any time, of the stockholders. Said directors shall elect ^
from their number, a president, treasurer and secretary of
said corpo'- ..ion, Avho shall hold such offices for the term of
one yef ., and until their successors are elected.
§ 7. The directors shall, semi-annually, on the 1st days
of January and July, make a statement of the afiairs of
said corporation upon the books thereof, which shall at all
times be open and subject to examination by any stock-
holder, and divide the net profits among the stockholders
according to the amount of stock each may possess: Pro-
vided, however, that the stockholders may at any meeting
GRAIN DRYING COMPANY.
regularly called, provide that any such dividend shall be.
used in and about the transaction of said business, or dis-
pose of the same in furtherance of the interest of said cor-
poration, as they shall think proper.
§ 8. It shall be lawful for the directors of said corpora-
tion from time to time, to borrow or obtain on loan, such
sum or sums of money as they may think advisable, on
such terms as they may think expedient for the use of said
corporation, and to pledge or mortgage all or any part of the
estate, privileges, franchises, effects and assets whatever of
said corporation, fur the payment of such sum or sums of
money as may be so borrowed and the interest thereon.
§ 9. Any two of such directors or any two of such stock-
holders may call a meeting of the stockholders at any time,
by giving such notice as the by-laws of said corporation
may direct ; and at any such meeting of the stockholders,
the representatives of two -thirds of the stock shall constitute
a quorum, and a majority of the votes of the stockholders
in attendance shall decide any question presented at such
meeting, and each stockholder shall be entitled to as many
votes as he has shares of stock; and such stockholders shall
have power at any such meeting to control and direct the
management of the business of said corporation by said
directors, as they may deem expedient.
§ 10. This act shall be deemed and taken as a public act
and be in fall force from and after its passage.
Approved February 23, 1867.
Department of State, Springfield, Illinois,
July 10, ISBT.
I, Sharon Tyndale, secretary of state of the state of Illinois, do hereby
certify that the foregoing printed laws are true and perfect copies of the
enrolled laws on file in this office, with the exception of the words printed
in brackets thus, [ ].
In testimony whereof I hereunto set may hand, the day and year afore-
said.
SHARON TYNDALE,
Seei-etari/ of State.
INDEX TO PRIVATE LAWS.
VOLUME I
PAGE.
Academy, Evanston 16
Adams county and city of Quincy 873
" " Agricultural aud Horticul-
tural Association 44
Agricultural and Horticultural Associa-
tion 44
" and Mechanical 48
" College, Illinois 1
'* Society, Boone county. . .. 41
" *' Jo Daviess county 47
" '• Macon county. .. . 43
" " McLean county., 43
Aid Society, Catholic, of Oarlinville. .. 126
" " Preachers' 124
" " Scandinavian Immigrant. . .132
" " Workinginen's Mutual,
Highland 128
" " Workmen's Mutual, Tren-
ton 139
Alexander and Pulaski Biidge Company 167
" county and citv of Cairo.... 880
Alton and St. Charles Bridge Company. 18C
" ferry at 946
" Horticultural Society 42
•' to amend act of incorporation. .. . 577
'• to repeal act amending charter of. 625
'* Ursuline Convent 250
Amboy, to amend city charter 622
American Art Association 958
" Bottom Board of Improve-
ment 153
Anderson Female Seminary 4
An act to legalize certain acts 901
Arab Fire Company of Cairo 950
Arenzville, Viigiuia and Bloomington
Railroad 976
Artesian Water Supply Company 53
" Well Company 51
Associations:
A nierican Art 958
Adams county Agricultural and Hor-
ticultural 44
. Benevolent, of the Paid Fire Depart-
ment 147
Chicago District Camp Ground. . . . 206
Collinsvil!e Cemetery 211
Dollar Savings, of Cairo 60
Friemen's Benevolent, Springfield. 143
German Woikingmen's, Lacon.,.. 129
" " Peoria. . .. 151
Yol 1—85 .
Associations : page.
Golconda Cemetery 231
Henderson Loan and Real Estate. . 57
Mercantile Building 205
Milton Block 202
Morgan county Agricultural and Me-
chanical , 48
Oak Woods Cemetery 227
Piscatorial 990
Plasterers' Benevolent 123
Rockford Building 202
Shelby ville Cemetery 222
Thief Detective 150
United Hebrew Relief 130
Winchester Cemetery 208
Aurora, to amend city charter 680
" Gas Light Company 979
Avenues, to vacate, in Adams county. . 56
B
Bank, City Saving 92
" Fulton Savings 90
" Mascoutah Savings 81
" McLean County 79
" Merchants' and Mechanics' Sav-
ings 68
" Ottawa Savings 97
" Peoria Savings 110
" Springfield Savings 62
" Sterling 113
Beardstown, ferry at 942
Belleville, new charter for 630
" and Mascoutah, to issue bonds. . . 841
" Board of Trade 852
Belvidere, town of, to issue bonds, etc. . 838
Benevolent Association of the Paid Fire
Department 147
Bloomington, city charter for 639
Board of Education, Quincy 913
" of Fire Engineers, Quincy 949
" of Trade, Bel!evelle 852
" " East St. Louis 852
Bond County Trust and Loan Company. 56
Boone County Agricultural Society. ... 41
Brewery Company, Busch & Brand's. . . . 193
" " Buck's Chicago ... . 197
" '* Union 199
Bridge at Wilmington 170
" at Ottawa 177,182
" across Green river 180
" across Kankakee river 188
PAGF.
Bridge Company, Alexandpr and Pulaski 167
Alton and St. Charles. 180
*' " at cHv of ll-ury 166
" " Chillicothf 98.5
" " Puliuqueand Dunleith. 188
'« " Illinois and St. Louis. . 168
" " Lacon 171,183
" " Pike and Scott county . 166
" *' Pike county 179
" Quincv Railroad 165
Rock Island 178
*' " Viiicennes Draw 163
Wilmington 189
Building Block Compmy 204
" Company, Elniwood 2*11
" " M^-Tcaniile 205
" " Rocliford 202
Bureau County Daiiy and Cheese Com-
pany 906
Busch and Brand's Brewery Company.. 193
C
Cairo, concerning city charter 868,694
" Arab Fire Company (if 950
" Rough and Ready Fire Company. . 950
Canton, to amend city charter 636
" Gas Light anti Coke Company.. 971
Carrollion, to incoiporate city of 625
Carliuvi le, " " " 479
Carson Consistory of Free Masons 961
Cass county, to teraove county seat 892
Catholic Aid Society, Carlinville 126
Cemeteiy, Collinsville . . , 21 1
" Elmwood 2o9
" Everereen 229
" Golconda 231
Oak Woods 227
" Pilgrim'sRest 214
" Quuicy 226
Shelbjville 222
" West Aurora 218
" Winchester 2u8
Chalk Bank Ferry Company 930
Champaign County Dairy Company 908
Change the name of:
Anna M. Houston 239
Ary J. Huffman 236
Augusta E. Kurth 236
Emmaretta Orcuit 237
Etia B.lle Holt 239
George L. T. Peterson 234
George W. Goodman 239
John W. Lemon 234
Lucilla Deen 282
Mary Alice Waters 238
Marv Frnncis Runyan 337
Minnie Ade'e Miller 233
Minnie McMahan 238
Susan H. Smith 233
Thomas Griffin 235
Thomas Mori is Francis 235
A certain person 240
The Union Grove Baptist Church,. 241
Change the name of: pack.
'I'he Western Engraving Cnmpan v. 926
The Gei man United Evangelical Pro-
teftaiit Congit gat on of Quincy. 240
Chester, to amend act incorporating.. 286
" Ferry at 929
Chicago, concernino; charier of. .. .708,754
" Artesiiin Well Company 51
" Benevolent Association of the
Paid FiieDepanment 147
" Boai d of Public Works 160
" Buiding Block Company 204
" Bu.-ch and Brand's Brewery Com-
pany 193
" Caledonian Club 248
" Danville and Vinc^'nnes Rail-
road 842
" Deut-cher Roemish Katholisher
Verien 135
" District Camp Ground Associa-
tion .' 206
" Fine Art College 956
" Freight Comp.ny 964
" German Masons' and Bricklayeis'
Soeiety 183
" Guariiiitee Association 853
" Hebrew Relief Association 130
*' Huek's Brewerv Company 197
" International Mutual Trust Com-
pany 94
" La Societe Francaise de Secours
Mutuels 125
" Mercantile Building Association 205
" Mutual Exchange and Invest-
ment Company 106
" Mutual Trust Society 75
" National Loan and tiust Com-
pany 104
" Petroleum Fuel and Light Com-
pany 967
" Seamen's Benevolent Union 149
" Union Club House 2J5
" Washingoniiin Home 141
Chillicothe, to legalize incorporation of. 897
" Feiry Company 935
" Methodist Episcopal Church 244
Cincinnati Ferry Company 943
City Savings Bank 92
Cities:
Alton, to amend act incorporating 577
Amboy, to amend charter 622
Aurora, to amend charter 680
Belleville, new charter for 530
Bloomington, charter for 639
Canton, to amend chat ter 636
Cairo, concerning chatter 368,694
Ciirlinville, to incorporate 479
Carrollion, to incorporate 625
Chester, to amend act incorpora-
ting 286
Chicago, concerning charter. . .708,754
Clinton, to incorporate 779
Danville, charter for 711
Decatur, new charter for 419
INDEX.
to amend act incof
473
308
7 'J -2
472
594
84(1
Cities ;
' East St. Loui
poraiing
EffingliMin, to cliaricr
El Piiso, to iiicorpiir.ite
G..leiiii, conceiiiing charter
Gali'sburg, to aiuend act, iiicorpor,
t'"g
Henrv, to subscribe sio. li
Jacksonville, to iiicoiporate 336,392
Jersey ville, to incorporate 454
Joliet, to amend cliaiter 619
Kankakee, to amend charter 710
Kiinnuiidv, to incorporate 567
Lacoii, to subscribe stuclj 183
Li Harpe, to amend act incorpora-
ting 594
La S lie, to amend cliarter 6'.i3
Lu.co'n, to amend chi.ner. .. .392,835
Litclifieiti, to extend cirpomte limits 638
Macomb, t< aiiKiid charcer 392
Mattoon, 10 ch trier 252
Mendota, ti> incorporate 497
Metropolis L'i y, to amend act incor-
p.iriiting 496
Monmouth, to amend charter 638
Mount Carroll, to inrorporate 681
Mound Giiy, to amend chatter 835
Morrison, "to incorpoiaie ' 595
Mori is, to create waid No. 5 in
city of 67
Mu' physboi o, to incorporaie 6S i
Nhmvoh, to r.iise money 839
Olnev, to iniorpdi'iie 824
Oti.iWii, to amend ch.rter. ..691,745
Pana, to incoiporatn 288
Peori.i, to aine. d ch 'rter, etc 622
Quincv to e.xt' nd limits 637
Roci< Isl^md, to Hint-nd chdrter 698
S >iem, to intorporiite 744
Shelb.wille, to amend charter, etc 389
Spartrt, toanieml act incorporating 79t)
Sterling, to amend charier 695
Urbaim, to amend charter 286
Watsi'ka, to i'lcorporate 655
Club Hou.se, Chicago 24J
Club, Chicago Ca'edoni n 248
Collegiate Institute, E.lgar 36
" " Simpson Seminary
and 10
. College, Illinois Agricultural 1
•' " Soldiers' 6
" McDonough Normal and Scien-
lifi- 18
" Southern Illinois 29
«' " " in Carbon-
dale 32
Collar, Layton and EU-cti J., concern-
ing 235
CnliinSvilleC.rnetory Association 211
Cook county to issu- bonds, <-ti' 882.
" • " ' finis and penalties in 963
Convent, Alton Ur.-uline 25<)
•' Springfield Ursuline 249
Counties: page.
Adams, Agricultural and Horticul-
tural Associations 44
Adams, and city of Quincy . ... 873
Alexander, and city of Cairo 880
Bond, Trust and Loan Company. . . 56
Boone, Agricultural Society 41
Cass, to remove county seat 892
Champaign, to drain certain lands. 911
Cook, to issue bonds, etc., 882
" fines and penalties in 965
Crawford, sales of swamp lands in 858
DeKalb, to relocate county seat 858, 899
DeWitt, Seminary 37
" Loan and Trust Company.. 101
DuPage, to relocate county seat. . . 894
Edgar, to levy lax for Soldiers'
Monument 889
Effiiagham, to legalize action of
supervisors of. 879
Ford, to legalize action of supervi-
sors of 890
Pulton, certain townships in, to
subscribe railroad stock 856
Hancock, preservation of game in
986, 989
Iroquois, to perpetuate evidences of
records.. 902
JoDaviess, Agricultural Society. . . 47
Kankakee, to borrow money 887
Kendall, to borrow money 877
Lake, to make appropriation for
Soldiers' Monument 874
Lake, to prevent trapping fur in. 993
La^alle, to build bridges 182
" Savings, Loan and Trust
Company 65
Lawrence, to levy special tax, etc., 888
" to transcribe certain re-
cords in 900
Lee, to use swamp land fund, etc., 889
Lincoln, to create 868
Macoupin, county court of, to issue
bonds 888
Macoupin, to borrow money 878
" protection of Fish in. . . 989
Macon, Agricultui al Society 4.3
Madison, to borrow money 883
Land and Loan Company 99
Marion, Trust and Loan Company. 117
McDonough, to make appropria-
tion for Soldiers' Monument 877
McHenry, to legalize certain acts
of county court 900
McLean Agricultural Society 43
" to issue bonds 878
" to legalize certain bonds of 883
Mor"-an Agricultural iiud Mechan-
ical Association 48
Morgan, to borrow money 875
" to issue bonds and levy
taxes 891
Perry, concerning issuing of bonds
890
INDEX.
Counties : page.
Pike, and the several towns therein
to subscribe stock 884
Pope, to construct county buildings 865
Pulaski, to order special assessment 904
Randolph, to issue bonds 89 1
Richland, board of supervisors of. 157
" to issue bonds. 874
Stark, supervisors of, to sell semi-
nary 4
Warren, to borrow money, etc.,.., 881
Will, elections, etc., in 924
Woodford, subscriptions to rail-
road stock by 866
Woodford, to remove county seat. 897
" to borrow money 875
I>.
Dairy and Cheese Company, Bureau
county 906
Dairy and Cheese Company, Fox river . 904
" " " LaSalle co. 907
" Company, Champaign county 908
Danville, city charter for 711
" Gas Light Company 883
" Savings and Trust Company. 87
Decatur, new city charter for 419
" election districts in 921
" Gas Light and Coke Company. 970
DeKalb county, to relocate county seat
" 858, 899
Deen Lucilla, to change name 232
DeWitt county Seminary ... 37
" " Loan and Trust Company 101
Dutscher Roemisch Katholisher 135
Dixon, city of, to borrow money 837
Dollar Saving's Association 60
Drainage of wet lands in certain town-
ships 909, 910
Drainage of certain Ipnds in Champaign
county 911
Dubuque and Dunleith Bridge Company 188
DuPage county, to relocate county seat 894
B.
East St. Louis, to amend act incorpo-
rating 473
East St. Louis, Board of Trade 852
Edgar Collegiate Institute 36
county, to levy tax for Soldiers'
.Monument 889
Edwardsville, to legalize a certain elec-
tion in ' 918
Education, Quincy Board of 913
Effingham county, to legalize action of
supervisors of. . . . , 879
Effingham, to charter city of 3nS
Elections in town of Silver Creek .... 917
" in Peoria 922
" in Will county 924
Election districts In Decatur 921
" " in Sorinefield 917
PAGE.
Elections, to legalize a certain, in Ed-
wardsville 918
Elmwood Building Company 2nl
" Cemetery 209
El Paso, to incorporate city of 792
Engraving Company, Western, to change
name 926
Eureka, to amend act incorporating. . . 919
Evangelical Lutheran Synod 242
Evanston Academy ig
Evergreen Cemetery 229
Exchange and Loan Company 115
Farmers' Exchange and Loan Company. 115
" Ferry Company 939
Fertilizing Company, Northwestern 50, 927
Ferry across the Cache river at Unity. . 934
" " the Illinois river at Beards-
town 942
" " " Illinois river at Flor'
ence 929
" " " Kaskaskia at Athens. 935
" " '" " at Evansville 933
" " the Mississippi at Alton. . 946
" " " " at Chester. 939
" " the Mississippi in Hender-
son county 947
" " the Mississippi at Louisiana 928
" " the Mississippi at Santa Fe. 948
" " the Wabash at Bo wen's
Bluff 941
" " the Wabash in Crawford
county 932
Ferry Company, Ulialk Bank 930
" " Chillicothe 935
" ". Cincinnati '. . . 943
" " Farmers' 939
" " Madison county 932
" " Valley 937
" " Wiggins , 938
Fine Art College, Chicago ...... 956
Fire Company, Arab, of Cairo 950
Fire Company, hook and Ladder, Spring-
held 954
Fire Company, Rough and Ready, of
Cairo 950
Fire Company, Union, Jacksonville.. . . 953
Firemen's Benevolent Association,
Springfield 143
Fish, protection of, in Adams and Han-
cock counties 989
Kish, protection of, in Macoupin county 989
Ford county, legalizing acts of super-
visors of. 890
Fowler Female Institute 19
Fi)x river Dairy and Cheese Company. 904
Francis, Tiionias Morris, to chang'' name 235
Free lienevuleiit Sonsof America 140
Free Masons, Carson Consistory. . . ... 961
" " Oriental Lodge of. 960
Freight Company, Chicago 964
French Mutual Souiaf.v of Ctttavca i-ia
INDEX.
PAGE.
Fruit Company, Illinois • • • • • 49
Fulton county', certain townships in, to
subscribe railroad stock 856
" Savings Bank ^^
Galena, concerning city charter 4*72
Galesburg, to amend act of incorpora-
tion • ^^*
Game, preservation of, in Hancock _
county 986, 989
Garner, G. P., to keep ferry at Unity. . 934
Gas Light Company, Aurora 979
li " " Danville 983
u .' " Washington 980
Gas Light and Coke Company, Canton. . 971
Gas Light and Coke Company, Decatur. 970
Gas Light and Coke Company. Kankakee 98o
Gas Light and Coke Company, Matoou. 972
Gas L?ght and Coke Company, Mon-
mouth 970
Gas Light and Coke Company, Morris. 979
Gas Light and Coke Company, North-
western 982
Gas L'glit and Coke Company, Union. . 9(8
Gas Liglit and Coke Company, Urbana. 981
r- «.,.», n r. Ci.iL-Jnn Tiief itiitinil 72
. 241
133
German Banking Listitutiou
Evangelical Salems Church
Masons' and Bricklayers' Soc'ty
Pilgrim's Rest Cemetery 214
Workingmen's Associa'n, Lacon 129
u ° " Pekin 137
" " Peoria 151
Goodman, G. W., to change name 239
Golconda Cemetery Association.. 231
Grain Drying Company 994
Grand Commandery of Knights Templars 9b3
Griffin, Thomas, to change name 23o
Guarantee Association, Chicago. ...... 853
" and Investment Association. 848
Illinois Grain Drying Company 995
" Land and Loan Company 120
" Soldiers' College 6
Institute, Fowler Female 19
" Lincoln 27
" Simpson Seminary and Colle-
giate 10
" Urbana and Champaign 27
Institution, German Banking 72
International Mutual Trust Company. . . 94
«• " Exchange Comp'y. 106
Iroquois county, to perpetuate evidence
of records 902
J.
Jacksonville, to incorporate. 336
" concerning ace of incorpo-
ration 392
" Union Fire Company of. . 953
Jerseyville, to incorporate city of . . . . . 454
JoDaviess county Agricultural Society. 47
Joliet, to amend city charier 619
K
Kankakee, to amend city charter 710
" county to boi row money 887
" Gas Light and Coke Co 985
" ' Male and Female Seminary. 25
Kendall county to borrow money 877
Kinmundy, to incorporate city of. 567
Knights fem(ilar, Grand Commandery of 963
Kurth, Agusta E., to change name 236
Hancock county, preservation of game
.986, 989
Lacon city to subscribe stock 183
" Bridge Company 171
LaHarpe, to amend act incorporating . 594
Lake View, Board of Trustees for. 157
Lake county, to make appropriations for
Soldiers' Monument 874
Lake county, to prevent trapping fur in 993
Land and Loan Compan\ , Illinois 120
Land and Loan Company, Madison co. 99
Hebrew Congregation, Spr
<* " Peoria 243
Henderson Loan and Real Estate Asso-
ciation 5"
Henry, city of, to subscribe stock 84i)
" bridge at city of 166
Hi"-h Albert, to keep ferry at Santa Fe 948
Holt,' Etta Belle, to change name 239
Horticultural Society, Alton 42
Villa Ridge 46
Houston, Anna M., to change name 239
Huck's Chicago Brewery Company ... 197 j
HufiFman, Arv J., to change name 236
'•'"«' i^' " ' 949 LaSalle, to amend city charter. .
ingfaeld ^4i I »., *„ K„;i,i Kvirto-o^
Hlinois Agricultural College 1
" and St. Louis Bridge Company 163
" Fruit Company « ••♦ ^^ *
county to build bridges 182
" " Dairy and Cheese Co. . 907
LaSociete Francaise de Secours Mutuels 125
LaSociete Francaise de Bienfaisance de
1' Illinois • 136
Lawrence county, to levy special tax,
etc., 888
Lawrence county, to transcribe certain
records in 900
Lee county, to use Swamp Tiand Fund. . 889
Lincoln, to amend charter 392, 835
" Institute 27
" to create county of 868
Litchfield, to extend corporate limits.
Loan and Real Estate Association
" " Trust Company, DeWitt CO. . .
" " Trust Company, LaSalle CO. .
Trust Company, NatioaaL , . .
638
57
101
65
104
PAGE.
Loan and Trust Company, Ottawa 83
JVL.
Macon County Agricu'tural Society. ... 43
Macomb, to amend city cliarter 392
" to elect supervisois, etc 6*78
Macoupin county-, to bnrrow money. . . . 878
" " to issue bonds, etc.. . 8n8
" " protection of fisli in. 981)
Madison county, to borrow money 883
" " ferry company 932
" " land and loan company 99
Marriage, preservation of evidence of. . 926
Marion County Trust and Loan Co 117
Mascuutah, real estateand savings bank 81
Masonic Stock Company, iShabbona 962
Mattoon, to charter city of 252
" Gas Light and Coke Company. 972
McDonough county, to make appropria-
tions 877
" Kornial and Scientific College. . 18
McHenry county, to legalize certain acts
of county court of 900
McLean couhty, Agricultural Society... 43
" " Banking Institution. . 79
" " to legalize certain bunds
of 883
" " to issue bonds 878
McMahon, Minnie, to change name. . . . 238
Mechaniciil Association, Morgan Co... 48
Mendota, to incorporate city of 497
Mercantile Building Association 205
Merchants' and Mechanics' Savings
Bank 68
Methodist Book Concern 161
" Episcopal Church of Chilli-
cothe 244
Metropolis City, to amend act incorpoia-
ting 496
" Seminary 15
Miller, Minnie Adele, to change name. . 233
Milton Block Association 202
Monmouth, to amend city charter 63s
" Cas Light and Coke Co. . . . 970
Morgan County Agricultural Associat'n. 48
" " to borrow money 875
" " to issue bonds, etc 891
Mo iris, city of, ti) raise money 287
" to create ward 5 in 367
" Gas Light and Coke Company.. 979
" L N., to lay out a burying ground 226
Morrison, to incorpoiate city of 581
Mount Carroll, to incorporate city of. . . 581
" " Seminary 13
Mound City, to amend chaiter 835
Murphysboro, to iiicorp.-rate city of. ... 681
Mutual Exchange and Livestment Co. . . I(i6
" Trust Society 75
National Loan and Trust Company 104
Nauvoo, city of, to raise money 839
PAGE.
Xorth Illinois University 17
Northwe^tern Art and Photograph Co. . 957
" Fertilizing (."ompa^'y. . .50,927
" Giis Light and Coke Co. . 982
" University 6
O.
Oak Woods Cemote-y Association 227
Olney, to incorporate city of 824
Orcutt, Emmaietta, to change name... 237
Oriental Lodge of Free Masons 960
Orion township bounty fund, etc 162
Ottawa, to amend city charter 691 , 745
" bridge at 177
" Loan and Trust Company 83
" Savings Bank 97
P.
Pana, to incoroporate 288
Peoria, to amend city charter 6i2
" elections in 922
" Hebrew Congregation 243
" Savings Bank 110
Perry county, i>suing of bonds in .... 890
Peterson. George L. T., to change
name 234
Petroleum Fuel and Light Company. . . 967
Pike county to subscribe railroad stock. 884
" " Bridge Company 179
" and Scott county Bridge Company 166
Piscatorial Association 990
Plasterers' Benevolent Association . . . 123
Pope county to construct county build-
ings 865
Preachers' Aid Society 124
Preservation of evidences of marriages 926
Q.
Quincy, to extend corporate limits. .. . 637
■' Board of Education 913
" " of Fire Engineers 949
" Burying ground 226
" Evangelical Salem's Church. . . 241
" to change the name of a certain
congregation in 240
'* Railroad Bridge Company 165
R.
Railroad, Arenzville, Virginia & Bloom-
ington 976
Randolph county to i.ssue bonds 891
Red Rover Hook and l.adder Co , No. 2 954
Richland county boa d of supervisors. 157
" " to issue bonds 874
Rockford Building Association 2n2
Rock Island, to amend city charter. . . . 693
" " Plankroad Company 178
Rough and Ready Fire Company 950
Runyan, Mary Frauce3, to change name 2S7
INDEX.
PAGE.
S.
PAGE.
Sterling, to amend citv charter
695
Salem, to incorporate citv of
'lU
" Bank of
113
92
" to issue bonds, etc
" " Fulton
90
" " Mascoutah Real Estate
and
81
T.
" " Merchants', of Danville.
68
" " Ottawa
" " Peoria
97
110
Thief Detective Association
150
4
" " Springfield
62
" Loan and Trust Company
" and Trust Company
65
87
132
Chillicothe, to legalize incorpora-
897
921
Scandinavian Immigrant Aid Society..
Decatur, election districts in
Seamens' Benevolent Union
Seminary, Anderson Female
149
4
37
25
Edwardsville, to legalize an elec-
918
" De Witt County
Eureka, to amend act incorporating
1 eoria, electicms in
" Kankakee Male and Female.
919
9-^?,
lo
Silver Ce eek, elections in
917
13
3
10
Springfield, to divide into election
Shelbyville
917
Trader's Emporium; to incorporate
" Toulon Female
M'i
Trust and Loan Company, Bond Co
" Company, International Mutual..
66
" United Presbyterian Theo-
lodcal
Lemon, John W., to change name
20
234
94
" " Marion county
117
Shabbona Masonic Stock Company
962
Shelbyville Cemetery Association
222
XT.
" to amend charter, etc
389
Silver Creek, elections in town of
917
Simpson Seminai y
10
152
Union Brewery and Coopering Company
" Fire Company, of Jacksonville.
199
Sisters of the Good Shepherd
953
Smith, Susan H., to change name
Societies:
9,33
" Gas Light and Coke Company. . .
978
" Gi ove Baptist Church
241
42
41
]9Ci
United Pre:-byterian Theological Semi-
nary .
Boone County Agricultural
Catholic Aid
20
" Hebrew Relief Association
180
Free Benevolent Sons of America.
French Mutual, of Ottawa
Jo Daviess County Agricultural. . .
Macon County Agiicultural
140
146
47
43
133
University North Illinois .
17
" Northwestern
g
" Southern Illinois
35
Urbana to aniend charter
286
" and Champaign Institute
27
McLean County Agricultural
43
" Gas Light and Coke Company.
981
Preachers' Aid
124
Scandinavian Immigrant Aid
132
Villa Ridge Horticultural
46
Workmen's Mutual Aid
128
Soldiers' Monument in Edgar county. .
S89
Valley Ferry Company
937
" " in Lake county... .
874
Villa Ridge Horticultural Society
46
" " in McDonough Co.
877
Vincennes Draw-bridge Company
163
Southern Illinois Christian University.
35
" College
29
" " " Carbondale..
32
Sparta, to amend act of incorporation.
790
" School Di.-trict
916
Warren county to borrow money, etc. .
881
Springfield, election di.-tricts in
917
Washington Gas Light Company
980
♦* Firemen's Benevolent Asso-
Washington!an Home
141
ciation
143
Waters, Marv Alice, to change name..
238
" Hebrew Congregation
242
Watseka, to incorporate city of
655
" Hook and Ladder Co. No. 2.
954
West Aurora Cemetery Company
218
" Plasterers' Association
123
Western Engraving Company
926
*' Savings Bank
62
" Methodist Book Concern. ....
161
*' Ursuline Convent
249
Wiggins Ferry Company
938
vrn
IOT3EX.
PAGE.
Will county, elections in 924
Wilmington Bridge Company 189
" Bridge at '. 170
Winchester Cemetery Association 208
Woodford county to borrow money. . . . 875
" " to remove county seat 897
" " to subscribe stock. .. . 866
PAGE.
Workmen's Association, Lacon 129
Pekin 137
" " Peoria 161
" Mutual Aid Society, High-
land. 128
" " " " Trenton 139
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