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Full text of "Laws of the State of Illinois"

V. 



PRIVATE LAWS 



y^^,.^-^»-*'-^(MS/jB^^>^<!«-'^^^^ 




STATE OF ILLINOIS, 



PASSED BY THE 



TWENTY-SIXTH GENERAL ASSEMBLY, 



CONYENED JANUARY 4, 1869. 



VOLUME II 



SPPwINGFIELD : 

ILLINOIS JOURNAL FEINTING OFFICE. 

1869. 



TABLE OF CONTENTS 



CITIES. 
New Privileges — ^ page. 

An act to amend an act to incorporate the city of Jacksonville, in the county of 
Morgan and state of Illinois, approved 15th February, 186*7, and also concern- 
ing the act approved 10th February, 1849, concerning incorporated towns and 

cities 1 

An act to amend the charter of the city of Jersey vi lie. V 

An act to amend the charter of the city of Joliet 9 

An act to amend the charter of the city of Joliet 10 

An act supplemental to an act entitled "An act to amend the charter of the city 

of Joliet," approved March 29, 1869, and to perfect and improve the same. ... 12 
An act to amend an act entitled "An act to establish the city of Kmkakee," ap- 
proved Feb. 16, 1865 13 

An act to amend an act entitled "An act to incorporate the city of Lake Forest," 

approved February 21,1861 _ 14r 

An act supplemental to an act to amend an act entitled "An act to incorporate 

the city of Lake Forest," approved Feb. 21, 1861 44 

An act supplemental to an act to amend an act entitled "An act to incorporate 

the city of Lake Forest," approved February 21, 1861 45 

An act to amend an act entitled "An act to charter the city of LaSalle," and 

the acts amendatory ther,eof 45 

An act to consolidate the cities of LaSalle and Peru 46 

An act to amend the city charter of the city of Lincoln, and the several acts 

amendatory thereof 53 

An act to amend an act entitled "An act to amend the charter of the city of 

Lincoln."..' 53 

An act to reduce the charter of the city of Litchfield, and the several acts 

amendatory thereof, into one, and to revise the same 53 

An act to'repeal section three of article 3d, entitled "Elections," of the charter 

of Litchfield 86 

An act to amend the city charter of the city of Macomb 86 

An act to amend the charter of the city of Macomb 90 

An act supplemental to an act incorporating the city of Mason City, in Mason 

county, state of Illinois 91 

An act to amend an act entitled "An act to charter the city of Mattoon." 92 

An act to amend the charter of the city of Mendota 93 

An act to amend the charter of the city of Morris 94 

An act to amend "An act to incorporate the city of Murphysboro," approved 

March 5, 1867 95 

An act to amend the charter of the city of Nauvoo, and to reduce the several 

acts relating thereto into one act 96 

An, act to repeal the latter part of the fourth section of an act entitled "An act 

to incorporate the city of Olney " 109 

An act to amend an act entitled " An act to incorporate the city of Oneida, in 

the county of Knox, and state of Illinois," approved March 4, 1869 109 

An act to amend an act entitled " [An act] to charter the city of Ottawa," ap- 
proved Feb, 10, 1853 109 



1144 



4 CONTENTS. 

CITIES. 

New Pritileges — page. 
An act to amend an act entitled "An act to incorporate the city of Pana," ap- 
proved Feb. 13, A. D. 1867 Ill 

An act supplementary to an act entitled " An act to incorporate the city of 

Pekin, 111 nois Ill 

An act to erect and construct water works for the city of Pekin 112 

An act to reduce the chatter of the city of Peoria, and the several acts amenda- 
tory thereof, into one act, and revise the eame 113 

An act supplemental to an act entitled "An act to reduce the charter of the city 
of Peoria, and the several acts amendatory thereof, into one act, and revise 

the same," approved February 20, 1869 179 

An act to amend the charter of the city of Peru 179 

An act to reduce the law incorporating the city of Quincy, and the several acts 

amendatory thereof, into one act, and to amend|the same 180 

An act supplemental to an act entitled "An act to reduce the law incorporating 
the city of Quincy, and the several acts amendatory thereof, into one act, and 

to amend the same." 223 

An act to amend article seven, and sections 5 and 6 of article eight, of an act 
entitled " An act to reduce the charter of the city of Rock Island, and the 
several acts amendatory thereof, into one act, and to amend the same," ap- 
proved Feb. 16, 1857 224 

An act to amend an act entitled "An act to reduce the charter of the city of 
Rockford, and the several acts amendatory thereof, into one, and to revise the 

same," approved Feb. 15, 1865 230 

An act to amend the charter of the city of Shelby ville 234 

An act entitled " An act to amend the charter of the city of Shelbyville," ap- 
proved Feb. 16, 1863, and amendatory acts thereto 234 

An act to amend an act entitled "An act to amend an act entitled ' an act to in- 
corporate the city of Sparta, in Randolph county.' " 238 

An act to amend the charier of the city of Springfield 239 

An act to amend the charter of the city of Springfield 241 

An act to amend an act entitled " An act to charter the city of Sterling," and 

the several acts amendatory thereof, and to reduce the same into one act 242 

An act supplementary to an act entitled "An act to incorporate the city of Tus- 
cola, in Douglas county, and for other purposes," passed by the 26th General 

Assembly 258 

An act to reduce an act to charter the city of Urbana, and the several acts 

amendatory thereof, into one act, and to amend the same 259 

An act to amend an act to incorporate the city of Vandalia 288 

An act to provide for an additional police magistrate in the city of Warsaw . . . 289 
An act to amend an act entitled "An act to incorporate the city of Waukegan." 289 
An act supplemental to an act entitled "An act to amend an act entitled 'an act 

to incorporate the city of Waukegan, approved Feb. 24, 1869." 290 

An act to amend an act entitled " An act to amend the charter of the city of 

Wilmington, county of Will, and state of Illinois." • 290 

An act supplementary to an act entitled "An act to amend an act entitled * an 
act to amend the charter of the city of Wilmington, county of Will, and stute 
of Illinois,' " and approved April 9, 1869 293 

Obltgatioxs — 
' An act to legalize certain bonds issued by the city of Alton, and to provide for 

their paymeut 293 

An act \o confirm an act entitled "An act to legalize the proceedings of the town 
of Aurora, in the county of Kane, and state of Illinois, at the annual town 
meeting held the second day of April, A. D. 1867, in said town, in relation to 
appropriating money to secure the permanent location of the shops of the 
Chicago, Builington and Quincy Railroad Company at Aurora, and for other 
purposes therein mentioned," approved .June 13, A. D. 1867 • 294 

An act to amend an net entitled "An act to authorize the city of Belleville and 
the town of Mascoutah to issue bonds," approved March 5, 1867 294 

An act to enable the city of Bloomington to issue bonds and levy a tax for the 
purpose of paying for the grounds recently purchased in said city by the Chi- 
cago and Alton Railroad Company for their machine shops 295 

An act to authorize the city of Bloomington to issue bonds for sewerage 296 

An act to authorize the city of Centralia to issue bonds 297 



CONTENTS. O 

CITIES. 

Streets and Alleys — page. 

An act to vacate certain blocks in Hoxey and Edwards' addition to the town 

(now city) of Carlinville, on the south 297 

An act to remove certain out-lots therein mentioned from within the jurisdiction 
of the town (now city) of Chester, in Randolph county, and to vacate parts of 

certain alleys therein mentioned 298 

An act to vacate certain lots, streets and alleys therein named, and lor other 



purposes. 



298 



An act to vacate certain alleys in the city of Kankakee 299 

An act to vacate a certain alley therein named 299 

An act to vacate a portion of a street in Shelbyville, Shelby county 300 

An act to vacate certain streets and alleys in the Seminary addition to the city 
of Urbana '.300 

COUNTIES. 

Assessments — 

An act in relation to assessments and assessors in certain towns in Cook county. 300 

Obligations — > 

An act to enable the county of Adams to provide for and purchase or condemn 
grounds for, and erect a new court house and jail, and for other purposes 301 

An act to facilitate drainage in Bureau county 307 

An act to authorize the board of supervisors of Christian county to borrow money 
and issue bonds for certain purp. ses therein named 308 

An act to enable the county of dark to fund certain indebtedness 308 

An act to authorize the board of supervi.>;ors of Cook county to issue bonds to aid 
said county in the erection of public buildings 810 

An act to amend an act entitled "An act to authorize the county court of Frank- 
lin county to issue county bonds." 311 

An act to authorize Iroquois county to issue bonds and to provide for the pay- 
ment of the principal and interest thereon 311 

An act to enable Jefferson county to build a court house and jail 313 

An act to authorize the board of supervisors of Macon county to purchase grounds 
therein described, and to release the same 313 

An act to legalize certain acts of the county court of Macoupin county, and to 
enable it to complete a court house in said county .... 314 

An act to authorize the county court of Marion county to issue bonds and levy 
tax for the purpose of building a jail in said county 314 

An act to authorize the board of supervisors of McHenry county to purchase 
lands and erect buildings thereou for the support of paupers, and to repeal an 
act therein named 315 

An act to amend an act entitled "An act authorizing the county of McLean to 
issue bonds for the purpose of building a court house," approved February IS, 
1867 317 

An act to continue in force the act of the 25th February, 1867, entitled "An act 
to authorize the county court of Montgomery county to increase the county 
revenue" 317 

An act in relation to the poor in Ogle county, Illinois 318 

An act to authorize the board of supervisors of Peoria county to build an alms 
house and to issue bonds to pay for the same 319 

An act to authorize the county court of Ferry county to i^sue bonds to build a 
poor house 319 

An act authorizing the county court of Randolph county to issue bonds 320 

An act to authorize the board of supervisors of Stephenson county to appropriate 
money for the erection of a monument to the deceased soldiers of said county. 320 

An act to authorize the board of supervisors of Stephenson county to levy a tax 
to build a court house 321 

An act to authorize the county of Vermilion to issue bonds to bu Id a court 
house in said cuunty 321 

Roads and Bridges — 

An act to change and relocate a part of a county road leading from tlie town of 
Cumberland to the town of Westfield, in Clark county, Illinois ; also to change 
and relocate a part of the state road leading from York, in Clark county, Illi- 
nois, to the town of Charleston, in Coles county, Illinois 322 

An act to legalize public highwa; s in Fayette county 323 



6 CONTENTS. 

COUNTIES. 
Roads and Bridges — page. 

An act to amend an act entitled "An act to authorize the county court of Hen 
derson county to levy a special tax for road and bridge purposes," approved 
June 13, 1867 324 

An act to repeal an act entitled "An act to authorize the board of supervisors of 
Knox county to fix the rates of commutation of road labor, and to determine 
what shall be a lawful fence in said county," approved February 28, 1867 - . . 324 

An act to authorize the board of supervisors of Lawrence county, Illinois, to fix 
toll on east and north Embarrass bridges 324 

An act in relation to the state and county roads of Madison county 325 

An act entitled "An act to provide for keeping in repair and tbe building of 
bridges, roads and highways in St. Clair county." 326 

Supervisors — 

An act to reduce the number of supervisors in Clay county 327 

An act to provide for the election of additional supervisors in the county therein 

named 328 

An act supplementary to an act entitled "An act to provide for the election of 

additional supervisors in the county therein named." 329 

An act to confer certain authority on the board of supervisors of Macon county, 

Illinois .'. 330 

Taxes— 

An act to authorize the board of supervisors of Fulton county to appropriate 
certain county taxes in certain towns therein, to the payment of certain bonds 
issued by said towns 331 

An act to authorize the board of supervisors of McLean county, and the corpo- 
rate authorities of the several townships therein, to refund certain taxes to 
certain persons therein named 332 

An act to authorize the several towns of the county of Vermilion to dispose of 
certain i'unds therein named 332 

DRAINAGE COMPANIES. 

An act to authorize the drainage of lands and construction of levees, embank- 
ments, locks, roads, fences and hedges in Greene county, Illinois, and the cre- 
ation of a company for that purpose 333 

An ;ict supplemental to an act to authorize the drainage of land and the con- 
sti action of levees, embankments, locks, roads, fences and hedges, in Greene 
county, Illinois, and the creation of a company for that purpose 339 

DRUG AND CHEMICAL COMPANIES. 

An act to incorporate the Illinois Metallurgical and Chemical Company 840 

An act supplemental to an act, approved March 30, 1869, to incorporate the Illi- 
nois Metallurgical and Chemical Company 341 

An act to incorporate the Northwestern Drug and Chemical Company 342 

An act supplemental to an act entitled "An act to incorporate the Northwestern 
Chemical Company," passed February 26, 1869 345 

ELEVATOR COMPANY. 

An act to incorporate the Peoria Elevator Company 345 

FAIR ASSOCIATIONS. 

An act to exempt the fair grounds of the Cumberland County Agricultural Soci- 
ety from taxation 346 

An act to incorporate the Johnson County Agricultural Fair Association 347 

An act to incorporate the Union Fair Association of Centralia 348 

FERRIES. 

IxCORPOEATED 

An act to establish a ferry between Albany and Camanche 349 

An act to establish a ferry across the Mississippi river at the town of Andalusia, 

in the county of Rock Island, and state of Illinois 350 

An act to establish the Cape Girardcfiu and Clear Creek Ferry Company 331 

An act to establish a ferry across the Mississippi river, opposite Clarksville, 

Pike county, in the state of Missouri 353 



CONTENTS. T 

FERRIES. 

Incorporated — page. 

An act to establish a ferry across the Embarrass riyer, in Cumberland county, 

Illinois 354 

An act to authorize William G. Lasater and Martin Conway to establish a ferry 

across the 1 llinois river * 354 

An act to establish the Illinois and Kentucky Ferry 355 

An act to establish a ferry on the Mississippi river at Garden Plains township, 

Whiteside county, and state of Illinois 355 

An act to establish two ferries across the Kaskaskia river 356 

An act to provide for a ferry across the Kaskaskia river, between New Memphis 

and Bridgeport, and also a bridge SS*! 

An act to establish a ferry across the Mississippi river at the town of Keiths- 
burg 358 

An act to establish a ferry across the Mississippi river in Monroe county 359 

An act to establish a ferry across the Mississippi river at Moline, in the state of 

Illinois, to run to the opposite shore, in the state of Iowa 360 

An act to incorporate the Muscatine Ferry Company 361 

An act to establish the North Caledonia Ferry Company 361 

An act LO authorize St. Clair county to establish a ferry across the Mississippi 

river 363 

An act to establish a ferry in St. Clair county 364 

An act to establish a ferry over Spoon river at the town of Waterford 364 

An act to incorporate the Union Transfer Company 365 

An act to establish a ferry across the Wabash river, at the town of York, in Clark 

county, Illinois 367 

New Privileges — 

An act to amend an act entitled "An act to establish a ferry across the Mississippi 
river opposite the city of Alton, in the state of Illinois," approved February 
28,1867 368 

An act to amend the charters of the Cairo City Ferry Company and of the Val- 
ley Ferry Company, and reduce the acts incorporating the same into one act. 368 

An act to authorize the consolidation of the ferry companies named therein 369 

An act to revive an act entitled "An act to establish the Massac and McCracken 
Ferry," approved Feb. 15, 1865 370 

FIRE COMPANIES. 

An act to incorporate the Fire Engine and Hose Company Western Number One, 

of the city of Rock Island 370 

An act to incorporate the Independent Hook and Ladder Company Number One, 

of the city of Fekin, Illinois 371 

An act to incorporate Rescue Fire Company Number Two, of the city of Rock 

Island 372 

An act to incorporate the Springfield Union Relief Fire Company Number Four. 373 

FUEL COMPANY. 

An act to incorporate the North Western Liquid Fuel Company 374 

GAS COMPAN^ES. 

Incorporated — 

An act to incorporate the Bunker Hill Gas Light and Coke Company 375 

An act to incorporate the Carlinville Gas Light Company, t 377 

An act to incorporate the Charleston Gas Light and Coke Company 378 

An act to incorporate the Dixon Gas Light Company 380 

An act to incorporate the DuQuoin Gas Light and Coke Company, and to enable 

the city of DuQuoin to take stock therein 381 

An act to incorporate the Elmwood Gas Light and Coke Company 382 

An act to incorporate the Fox River Gas Light and Coke Company 384 

An act to incorporate the Gas Light Company of Galena '. 385 

An act to incorporate the Galva Gas Light and Coke Company 387 

An act to incorporate the Geneseo Gas Light and Coke Company 389 

An act to incorporate the Havana Gas Light and Coke Company 390 

An act to incorporate the Illinois Pneumatic Gas Company 391 

An act to incorporate the Lincoln Gas Light Company 392 

An act to incorporate the Litchfield Gas Light and Coke Company 393 



O CONTENTS. 

GAS COMPANIES. 
Incorporated — page. 

An act to incorporate the Macomb Gas Light and Coke Company 394 

An act to incorporate the Mason City Gas Light and Coke Company 39.5 

An act to incorporate the Moline Gas and Coke Company 396 

An act to incorporate the Normal Gas Light and Coke Company 398 

An act to incorporate the Pana Gas Light and Coke Company 399 

An act to incorporate the Paris Gas Light and Coke Company 400 

An act to incorporate the Olney Gas Light and Coke Company 401 

An act to incorporate the Shawneetown Gas Light and Coke Company 402 

An act to incorporate the Shelbyville Gas Light and Coke Company 404 

An act to incorporate the Vandalia Gas Light and Coke Company 405 

New Privileges — 

An act to enable the Chicago Gas Light and Coke Company to increase its capi- 
tal stock 406 

An act to amend an act to incorporate the Lincoln Gas Light and Coke Com- 
pany 406 

GERMAN SCHOOLS. 

An act to incorporate the Bloomington Independent German School Associa- 
tion 407 

An act to incorporate the Cairo German School Society 408 

An act to amend an act entitled " An act to incorporate the Havana German 
School Association." 410 

HALL COMPANIES. 

An act to incorporate the Belvidere Union Hall Association 411 

An act to incorporate the Masonic Hall Joint Stock Association of Mount Ster- 
ling, Illinois 414 

An act to incorporate the Oneida Union Hall Association 416 

HEIRS AT LAW. 

An act to change the name of Georgie (her other name being unknown) to Clara 
Alma Fitch, and make her the heir-at-law of Thomas D. Fitch and Harriet W. 

Fitch 417 

An act to make Florence Eva Hamsher legal heir to Samuel W. Hamsher 418 

An act to make Rosella Miller heir-at-law of Caleb Miller 419 

An act entitled "An act to create an heir-at-law for a person therein named.". . 419 

HORSE RAILWAYS. 
Incorporated — 

An act to incorporate the Alton and Greenwood Horse Railway and Carrying 

Company - 419 

An act to incorporate the Alton, Upper Alton and Greenwood Horse Railway 

and Carrying Company c 421 

An act to incorporate the Bloomington Fair Ground and Driving Park Railway 

Company 423 

An act to incorporate the Blue Island Express Company and Dummy Railway. . 425 

An act to incorporate»the Dixon City Railroad of Dixon, Illinois 427 

An act to incorporate the DuQuoin Horse Railway and Carrying Company 429 

An act to incorporate the East St. Louis Railway Company 431 

An act to promote the construction of a Horse Railway in Evanston and New 

Trier 432 

An act to incorporate the Paris Horse and Steam Railway Carrying Company. . 434 

An act to incorporate the Pekin Horse Railway and Carrying Company 436 

An act to incorporate the Sangamon Railway Company, and to authorize the con- 
struction of horse railways, as in sa,id act mentioned 438 

New Privileges — 

An act to amend an act entitled "An act to incorporate the Alton and Upper 
Alton Horse Railway and Carrying Company," approved February 20, 1867. . 440 



CONTENTS. 9 

HORSE RAILWAYS. 
Incorporated — page. 
An act to authorize the Chicago City Railway Company to use dummy steam en- 
gines outside the city of Chicago 440 

An act to amend an act entitled ' 'An act to incorporate the Jacksonville Rail- 
way Company," approved February 25, 1867 441 

HOTEL COMPANIES. 
Incorporated — 

An act to incorporate the Central Hotel Company 441 

An act to incorporate the Chicago Hotel Company 444 

An act to incorporate the Elmwood Hotel Company 446 

An act to incorporate the Galesburg Hotel Company 447 

An act to incorporate the Greenville Hotel Company 448 

An act to incorporate the Hinsdale Hotel Company 450 

An act to incorporate the Inter-Oceanic Hotel Company 452 

An act to incorporate a hotel company in the city of Kankakee, Illinois 454 

An act to incorporate the Lombard Hotel Company 455 

An act to incorporate the Marshall Hotel Company 457 

An act to incorporate the Mattoon Hotel Company 459 

An act to incorporate the Mount Carroll Hotel Company 462 

An act to authorize certain persons therein named to build a hotel in the town 

of Oswego 464 

An act to incorporate the Pacific Hotel Company of Chicago - . 464 

An act to incorporate the Pekin Hotel Company 465 

An act to incorporate a hotel company in the city of Peoria, Illinois 467 

An act to incorporate a hotel company in the town of Red Bud 468 

An act to incorporate the Sarpy Hotel Company of the city of East St. Louis. . 470 

New Privileges — 

An act to recognize the existence of the Charleston Hotel Company, legalize 

its acts, and define its powers. '. 472 

An act to amend an act entitled " An act to incorporate the Paris Hotel Com- 
pany." , 473 

ICE COMPANIES. 

An act to incorporate tha Diamond Ice Company 473 

An act to incorporate the LaSalle Ice and Transportation Company 474 

IMPORTING COMPANIES. 

An act to incorporate the American East India and China Company 476 

An act to incorporate the Chicago and China Tea Company 478 

An act to incorporate the Indo-American Trading Company 480 

IMPROVEMENT COMPANIES. 
Incorporated — 

An act to incorporate the Maywood Company 482 

An act to incorporate the Riverside Improvement Company 483 

An act to incorporate the Saline River Improvement Company 486 

An act to incorporate the Stony Island Improvement Company 489 

An act to incorporate the Upper Alton Rural Association 491 

New Privileges — 

An act to amend an act entitled " An act to incorporate the Land Improvement 

Company," approved Feb. 22, 1861 492 

An act supplemental to an act entitled "An act to incorporate the Riverside Im- 
provement Company." , 492 

An act to amend an act entitled "An act to incorporate the Riverside Improve- 
ment Company." 494 

INSURANCE (FIRE) COMPANIES. 
Incorporated — 

An act to incorporate the Bond County Fire Insurance Company 495 

An act to incorporate the Cairo Board of Underwriters of the city of Cairo. . . 498 

An act to incorporate the Capital Insurance Company 500 

An act to establish an insurance company in the county of Carroll 503 



10 



CONTENTS. 



INSURANCE (FIRE) COMPANIES. 

Incorporated — page. 

An act to incorporate the Citizens' Insurance Company 507 

An act to incorporate tlie Coles County Insurance Company 511 

An act to incorporate the DeWitt County Insurance Company 513 

An act to incorporate the Farmers' Mutual Insurance Company of the township 

of Bradford, Lee county 515 

An act to incorporate the German Farmers' Fire Insurance Company of Massac 

county, Illinois 518 

An act to incorporate the Green Garden Farmers' Fire Insurance Company 620 

An act to incorporate the Hibernian Insurance Company ". 528 

An act to incorporate the Illinois Joint-Stock Insurance Company 530 

An act to incorporate the Kane County Mutual Protection Society 534 

An act to incorporate the Libertyville Mutual Insurance Company. . . , 536 

An act to incorporate the Mechanics' Insurance Company of Chicago 538 

An act entitled "An act to incorporate the Mechanics' and Traders' Insurance 

Company 540 

An act to incorporate the Metropolis Fire Insurance Company 543 

An act to incorporate the Millers' and Manufacturers' Insurance Company of 

Springfield, Illinois 545 

An act to incorporate the Moline Fire and Marine Insurance Company.' 548 

An act to incorporate the North-Western Fire Arms Company 551 

An act to incorporate the Northwestern German Mutual Fire Injurance Company 

of North Chicago 552 

An act to incorporate the Perry County Mutual Insurance Company. 554 

An act to incorporate the Pike County Insurance Company 557 

An act to incorporate the Randolph Insurance Company 559 

An act to incorporate the San Jose Mutual Fire Insurance Company 563 

An act to incorporate the Star Insurance Company 566 

An act entitled "An act to incorporate the St. Clair Insurance Company 570 

An act to incorporate the Sterling City Insurance Company 573 

An act to incorporate the Svea Mutual Protective Insurance Company of Knox, 

Henry and Mercer counties 574 

An act to incorporate the Merchants' Union Insurance Company of Chicago, Illi- 
nois 57fi 

An act to incorporate the Union Co-operative Insurance Company 577 

An act to incorporate the Union Fire and Marine Insurance Company of Quincy, 

Illinois 578 

An act to incorporate the Union Mutual Insurance Company of Schaumberg. . . 582 

An act to incorporate the Watseka Mutual Insurance Company 584 

An act to incorporate the "Western Fire, Marine and Plate Glass Insurance Com- 
pany.... 587 

An act to incorporate the Western Metropolis Insurance Company of Chicago. . 590 

An act to incorporate the Western Underwriters' Insurance Company 692 

An act to incorporate the Woolen Manufacturers' Insurance Company of the 

Northwest 594 

An act to incorporate the Yokohama Insurance Company of Chicago 696 

New Privileges — ^ 

An act to change the name of the Burglary Insurance Company 698 

An act to change the name of the Chicago National Insurance Company 598 

An act to amend the charter of the Commercial Insurance Company 699 

An act to amend the charter of the Continental Insurance Company 599 

An act to amend an act entitled " An act to incorporate the Federal Union In- 
surance Company," approved February 16, 1865 599 

An act to amend the charter of the Home Mutual Fire Insurance Company of 

Illinois 600 

An act to amend an act entitled "An act to incorporate the Lamar Insurance 

Company of Chicago 601 

An act to amend an act entitled "An act to incorporate the Merchants' Insu- 
rance Company of Chicago." 602 

An act to amend an act entitled "An act to incorporate the Illinois Mutual 

. Fire Insurance Company," approved Feb. 23, 18.S9 602 

An act supplementary to an act to incorporate the Mutual Security Insurance 

Company 603 

An act supplementary to an act to incorporate the Mutual Security Insurance 

Company 605 



CONTENTS. 11 

INSURANCE (FIRE) COMPANIES. 

New Pritileges — page. 

An act to amend an act entitled "An act to incorporate the National Insurance 

Company," approved Feb. 2.5, 186Y 604 

An act to amend an act to incorporate the Planters' Insurance Company, ap- 
proved Feb. 16, 1865 605 

An act to amend an act entitled "An act to incorporate the Republic Insurance 

Company of Chicago," approved Feb. 15, 1865 605 

An act to amend an act entitled "An act to incorporate the Star Insurance Com- 



pany. 

An act to revise and continue in force an act therein named. 



606 



INSURANCE (LIFE) COMPANIES. 
Incorporated — 
An act to incorporate the Armour Life Insurance Company, of Chicago, Illinois 60S 

Au act to incorporate the Chicago and Yeddo Insurance and Tea Company 611 

An act to incorporate the Chicago Mutual Health and Life Assurance Company. 612 

An act to incorporate the Galena Life Insurance Company 61-4 

An act to incorporate the Home Protection Company of the city of Champaign, 

Illinois G18 

An act to incorporate the Illinois Mutual Life Insurance Company 620 

An act to incorporate the Laboring M.'in's Life Insurance Company 62-t 

An act to incorporate the Lincoln Life Insurance Company 629 

An act to incorporate the Pike County Mutual Life Insurance Company 632 

An act to incorporate the Republic Life Insurance Company of Chicago 636 

An act to incorporate the Rocliford Life Insurance Company 637 

An act to incorporate the Safety Deposit Life Insurance Company of Chicago. . 640 

An act to incorporate the Sparta Mutual Life Insurance Company ._ 641 

An act to incorporate the State Mutual Life Insurance Company, Illinois 643 

An act to incorporate the Teutonia Life Insurance Company of Chicago 647 

An act to incorporate the United States Life Insurance Company 660 

An act to incorporate the Western Life Insurance Company of the State of Illi- 
nois 655 

New Prtvileges — 

An act to amend an act entitled "An act to incorporate the Great Western 
Life Insurance Company," approved Feb. 15, 1865 ._ 657 

An act to amend an act entitled •' An act to incorporate the Mutual Life Insu- 
rance Company of the State of Illinois," approved March 7, 1867 658 

An act to amend' an act entitled "An act to incorporate the Protection Life In- 
surance Company," approved March 7, 1867 658 

An act to amend " An act to incorporate the Provident Life Insurance and In- 
vestment Company," approved Feb. IS, 1865 660 

LIBRARIES. 
Incorporated — 

An act to incorporate the Cairo Public School Library Association 660 

An act to incorporate the Public School Library Association of the city of Chi- 
cago 661 

An act to incorpoi ate the DuQuoin Library Association 663 

An act to incorporate the Fayetteville Library Association 663 

An act to incorporate the Franklin Society of the city of Chicago. 664 

An act to incorporate the Freeburg Saengerbund and Library Association 666 

An act to incorporate the Galesburg Young Men's Library Association 666 

An act to incorporate the German Library Association of the City of Peru 668 

An act to incorporate the Griggsville Circulating Library Association. 669 

An act to incorporate the Library Association of Shawneetown, Illinois 670 

An act to incorporate the Union Catholic Library Association of Chicago 671 

An act to incorporate the Villa Ridge Lyceum and Library Association 672 

New Privileges — 

An act to change the name of the Young Men's Library Association of the city 
of Chicago, and to authorize it to iocreaae its capital stock 673 



12 CONTENTS. 

LITERARY, SCIENTIFIC, ETC. SOCIETIES. page. 
An act to incorporate the Adelpliian Literary Society of the town of Carbon- 
dale, Jackson county, Illinois 6*74 

An act to incorporate the Alexian Brothers of Chicago 675 

An act to incorporate the Chicago Academy of Design , . 676 

An act to incorporate the Chicago Club 677 

An act to incorporate the Chicago Literary, Art and Social Association 678 

An act to incorporate the Chicago Musical and Thespian Association 67S 

An act to incorporate the Chicago Sorosis 681 

An act to incorporate the Deutsch Kathoiisher St. Vincenz Verein 683 

An act to incorporate the Germania Maennerchor 084. 

An act to incorporate the Germania Maennerchor of Chicago 684 

An act to incorporate the Gesang and Unterstuetzungs Verein 6S5 

An act to incorporate the Grand National Museum of Chicago 686 

An act to incorporate the Grand Lodge of the Independent German Order of 
the Ilarugari of the State of Illinois and the subordinate lodges under its ju- 
risdiction 688 

An act to incorporate the Illinois Normal Alumni Association 690 

An act to incorporate the Mathesian Literary Society of Southern Illinois Col- 
lege 690 

An act to incorporate the State Microscopical Society of Illinois 692 

An act to incorporate the Munsellian Literary Society of Bloomington 693 

An act to incorporate the Rockford Waltonian Club 694 

An act to incorporate the Svea Society of the city of Chicago 695 

A.n act to incorporate the Societe de Construction Franco-Americaine dc Chi- 
cago 696 

An act to incorporate the Benton Law Institute 698 

LOAN COMPANIES. 
Incorporated — 

An act to incorporate the Avon Exchange and Loan Company 700 

An act to incorporate the Bushnell Loan and Deposit Company 701 

An act to incorporate the Cairo Mutual Loan and Building Association 705 

An act to incorporate the Fairfield Loan and Trust Company 706 

An act to incorporate the Farmers' Exchange, Loan and Trust Company of Van- 
dal! a 709 

An act to incorporate the Mercantile Warehouse and Loan Company 711 

An act to incorporate the Merchants' National Loan and Trust Company 712 

An act to incorporate the Montgomery County Loan and Trust Company 714 

An act to incorporate the Paxton Mutual Stock Company of Paxton, Illinois. . . 720 

An act to incorporate the Peninsula Loan and Trust Company 722 

An act to incorporate the Sandwich Loan and Trust Company 725 

An act to incorporate the Sparta Mutual Loan and Building Association 727 

An act to incorporate the Sycamore Loan and Trust Company 728 

An act to incorporate tke Union Trust Company 731 

New Privileges — 

An act to amend an act entitled "An act incorporating the Edgar County Land 
and Loan Company." 734 

An act to amend an act entitled "An act to incorporate the German House As- 
sociation of Chicago," approved Feb. 12, 1857 734 

LUMBER COMPANIES. 

An act to incorporate the Lumberman's Exchange of Chicago 735 

An act to incorporate the Union Lumber Company ^ 737 

MANUFACTURING COMPANIES. 
Incorporated — 

An act to incorporate the Amboy Manufacturing Company 738 

An act to incorporitte the Aurora Cotton Manufacturing Company 740 

An act to incorp rate the Aurora Manufacturing Company 742 

An act to incorporate the Barnura and Richardson Manufacturing Company 743 

Au act to incorporate the Batavia Stone-dressing and Manufacturing Company. . 745 

An act to incorporate the Belleville Oil Works 746 

An act to incorporate the Chicago Boot and Shoe Company 748 

An act to incorporate the Chicago Composition Granite Company 760 



CONTENTS. 13 

MANUFACTURING COMPANIES. 
Incorporated — pack. 

All act to incorporate the Chicago Iron Conipan.y 751 

Au act to incorporate the Chicago Vise and Tool Company 753 

An act to incorporate the Duffield Ham and Provision Company Toi 

An act to incorporate the Pairfield Manufacturing Company 757 

An act to incorporate the Fairfield Woolen Manufacturing Company 758 

An act to incorporate the Galena Manufacturing Company 75'J 

An act to incorporate the Great Western Lightning Rod Company of Chicago. . 7G1 
An act to incorporate the Harrison Manufacturing Company of Belleville, Illi- 
nois 763 

An act to incorporate the Leighton Rail Company 767 

An act to incorporate the Litchfield Iron and Steel Manufacturing Company. . . 768 

An act to incorporate the Lockport Manufacturing Company 769 

An act to incorporate the Lyndon Manufacturing Company 770 

An act to incorporate Ihe Marseilles Cotton Manufacturing Company 772 

An act to incorporate the Mason Iron Works 773 

An act to incorporate the Moline Co-operative Manufacturing Company 775 

An act to incorporate the Northwestern Agricultural, Mechanical and Manu- 
facturing Association 777 

An act to incorporate the Northwestern Carriage Manufacturing Company of Chi- 
cago, Illinois 780 

An act to incorporate the Northwestern Fire Arms Company 781 

An act to incorporate the North Chicago Rolling Mill Company 782 

An act to incorporate the Northwestern Stone Company of Chicago 784 

An act to incorporate the Novelty Iron Works Manufacturing Company 786 

An act to incorporate the Paris Paper Manufacturing Company 787 

An act to incorporate the Prairie State Manufacturing Company 788 

An act to incorporate the Railroad Economic Company 790 

An act to incorporate the Quincy Journeymen Tobacconists' Association 792 

An act to incorporate the Rock Falls Manufacturing Company , 793 

An act to incorporate the Salem Manufacturing Company 794 

An act to incorporate the Salem Woolen Manufacturing Company 795 

An act to incorporate the Shawnee Iron and Transportation Company 796 

An act to incorporate the Sparta Manufacturing and Coal Railroad Company. . . 797 
An act to incorporate the Sycamore Marsh Harvester Manufacturing Company. 800 

An act to incorporate the Union Brass Manufacturing Company 801 

Au act to incorporate the Union Copner Distilling Company of Cook County, 

Illinois I o 803 

An act to incorporate the Western Paper and Envelope Manufacturing Company. 806 

New Privileges — 

An act to amend the charter of the Fox River Manufacturing Company 808 

An act to amend an act entitled " An act to incorporate the Illinois Manufac- 
turing Company," approved March 7, 1867 809 

An act to enable the Joliet Woolen Manufacturing Company at Joliet to m,ort- 
gage its property 810 

An act to amend an act entitled "An act to incorporate the National Watch 
Company," approved February 15th, A. D. 1865 810 

An act to amend an act entitled "An act to incorporate the Northwestern 
Manufacturing Company," approved February 23d, 1867 811 

Au act to amend an act entitled " An act to iecorporate the Oconto Company 
and change its name to the Duncan City Company." 811 

An act supplementary to an act entitled "An act to incorporate the Ottawa 
Manufacturing Company, and to authorize said company to build a dam across 
the Illinois river, and to use the water power thereby created." 811 

An act to amend an act entitled "An act to incorporate the Union Hide and 
Leather Company, and to authorize said company to purchase and incorpo- 
rate the entire property of the Turner and Sidway Leather Company," passed 
by the general assembly of the state of Illinois, and approved on the seven- 
teenth day of February, A. D. 1867 812 

Au act to authorize the United States Wind Engine and Pump Company to re- 
move their place of business from the city of Chicago, in the county of Cook, 
to the village of Batavia, in the county of Kane, and for other purposes 813 

An act to change the name of the Butler Vinegar and Pickle Company 813 



14: CONTENTS. 

MARKETS. PAGE. 
An act to incorporate the Galesburg City Market 814 

MASONIC ASSOCIATIONS. 

An act to incorporate the Chicago Masonic Temple Association 816 

An act to incorporate Macon Lodge, No. 8, Ancient Free and Accepted Masons, 

of the city of Decatur. 817 

An act to iocorporate the Masonic Association of Ottawa 819 

An act to incorporate the Masonic Temple Company of Rockford 820 

MINING COMPANIES. 
Incorporated — 

An act to iacorporate the Atlanta Coal and Mining Company 822 

An act to incorporate the Cliester and Taraaroa Coal and Railroad Company. . . 824 

An act to incorporate the Equality Coal Company 827 

An act to incorporate the Faiifield Coal and Mining Company 828 

An act to incorporate the Geneseo Mining and Manufacturing Company 829 

An act to incorporate the Illinois Iron and Coal Company 832 

An act to incorporate the Kickapoo Coal and Transportation Company 833 

An act to incorporate the Lincoln Coal Company 835 

Au act to incorporate the Marion Mining and Transportation Company 838 

An act to incorporate the Moline Coal Mining and Transportation Company. . . 840 

Ah act to incorporate the Niantic Coal Mining Company. .... 842 

An act to incorporate the O'FaJlon Coal and Mining Company 843 

An act to incorporate the Piatt Coal Company 845 

An act to incorporate the Rock River Coal Mining Company 846 

An act entitled "An act to incorporate the Spoon River Valley Coal and Trans- 
portation Company." 848 

An act to incorporate the Stony Island Stone and Lime Company 850 

An act to incorporate the Southern Illinois Coal and Marble Couipauy 851 

An act to incorporate the Union Coal, Iron and Transportation Company 852 

An act to incorporate the Virden Coal Mining Company 854 

An act to incorporate the VVilborn Coal Mining Company 856 

Au act to incorporate the Wiley Coal Mining Company 858 

New Pritilkges — 

An act supplemental to "An act to incorporate the Chester and Tamaroa Coal 
and Railroad Company." 859 

An act to amend an act entitled "An act to incorporate the Eagle Coal Com- 
pany," approved February 14th, 1857 - 859 

An act to amend an act entitled "An act to incorporate the Forsythe Coal 
Mining Company," approved February 16th, 1865 860 

An act to amend an act entitled "An act to incorporate the Gardner Coal Com- 
pany," approved February 22, 1867 860 

An act to enable the Gardner Coal Company to engage in manufacturing busi- 
ness and to increase its powers 861 

An act to change the name of the Mount Carbon Coal and Railroad Company to 
that of the "Grand Tower Mining, Manufacturing and Transportation Compa- 
ny," and to define the privileges and powers thereof. 862 

An act to amend an act entitled "An act to incorporate the Northern Illinois 
Coal and Iren Company of LaSalle," approved Feb, 18, 1867 864 

An act to amend an act entitled "An act to incorporate the Wilmington Coal 
Minirg and Manufacturing Company," approved February 16, 1865, and to 
repeal an act amendatory thereof 864 

MINORS. 

An act to declare Avery N. Holmes of age 865 

MONUMENTAL ASSOCIATION. 

An act to incorporate the Delavan Soldiers' Monument Association 865 

NAVIGATION COMPANIES. 
Incorporated — 

An act to incorporate the Calumet and Chicago Canal and Dock Company 866 

An act to declare the Soicarte stream, in Mason county, navigable, and to pro- 
vide for its improvemout ,.....* 869 



CONTENTS.. 16 

KAVIGATION COMPANIES. 

XeW PritILEGES PAGE. 

An act to amend an act as amended, entitled "An act to incorporate the Kaa- 
kaskia Kiver Navigation Company," approved February 8, 1853 8*71 

An act supplemental to "An act to incorporate the Kaskaskia River Navigation 
Company," approved February 8, 1853, for the purposes of giving state ai"d and 
to enable the counties and towns on the same to aid said company 872 

NEWSPAPERS. 

LVCORPOEATED 

An act to incorporate the Advance Company 874 

An ast to incorporate the Chicago Legal News Company 876 

An act to incorporate the East St. Louis Gazette Company 877 

An act to amend an act entitled " An act to incorporate the East St. Louis 

Tribune Company, approved March 7, 1867 873 

An act to incorporate the German Newspaper and Printing Company 879 

An act to incorporate the Illinois Statesman Newspaper and Printing Company 881 
An act to incorporate the Quincy Whig Company 882 

New Privileges — 
An act to amend an act entitled " An act to incorporate the Illinois Staats Zei- 
tung Company," approved February 13, 1865 884 

OMNIBUS COMPANIES. 
Incorporated — 

An act to incorporate the People's Omnibus and Baggage Company of Chicago. . 884 
An act to incorporate the Union Omnibus Company 886 

New Privileges — 

An act to change the title of the " City Baggage and Transfer Company" to 
the " Chicago Omnibus CompaHy." 887 

PLANK ROAD COMPANIES. 

IXCORPORATED 

An act to incorporate the Benton and DuQuoin Plank or Gravel Road Company SST 

An act to incorporate the Champaign and Mahomet Gravel and Plank Road 
Company 890 

An act to incorporate the Clarksville, Pleasant Hill and Pittsfield Road Com- 
pany 891 

An act to incorporate a plank or gravel or macadamized road from Red Bud, 
Randolph county, Illinois, to the Kaskaskia river and for three miles east 
of same, to be known as the Red Bud Plank Road Company 896 

New Privileges — " 

An act to vacate the charter of the Joliet Plank Road Compan)-, and to dispose 

of the property thereof 899 

An act to amend the several acts to aid the Jonesboro Plank Road Company, . . . 899 
An act in relation to the acts concerning the Randolph County Plank Road 

Company 900 

PNEUMATIC DISPATCH COMPANY. 

An act to incorporate the Pneumatic Dispatch Company 901 

PRDTTING AND PUBLISHING COMPANIES. 

An act to incorporate the Carroll County Printing Association 903 

An act to incorporate the Herald Printing Company 904 

An act to incorporate the Western Free Will Baptist Printing Establishment.. 906 

An act to incorporate the Western Presbyterian Publishing Company 90Y 

An act to incorporate the Western World Publishing Company 809 

PUBLIC PEACE. 

An act to prohibit gambling and the sale of spirituous liquors within certain 

boundaries adjacent to Blackburn University 911 

An act to prohibit the sale of any vinous, spirituous, malt or mixed liquors within 

the corporate limits of the town of Buda, in the county of Bureau 912 

An act to incorporate the Henry County Detective and Protective Society 912 



16 CONTENTS. 

RAILROAD COMPANIES. 
Incorporated — page. 

An act to incorporate the Apple River Valley Railroad Company 913 

An act to incorporate the Bardolph Branch Railroad Company 91*7 

An act to incorporate the Beardstown, Chandlerville and Mason City Railroad 

Company 918 

An. act to incorporate the Bear<4stown, Chandlerville and Mason City Railroad 

Company 925 

An act to incorporate the Belleville and Mascoutah Railroad Company 931 

An act to incorporate the Belleville and O'Fallon Railroad Company 936 

An act to incorporate the Belleville and Southeastern Railroad Company 941 

An act to incorporate the Bloomington and Ohio River Railroad Company 947 

An act to incorporate the Carthage and Galesburg Railroad Company, and to 
authorize the townships and incorporate towns and cities through or near 
which said railroad shall be located to take stock and levy a tax to pay the 

same 952 

An act to incorporate the Champaign and Edgar County Railroad Company. . . . 956 

An act to incorporate the Chicago and Iowa Railroad Company 960 

An act to incorporate the Chicago and Rock River Railroad Company 965 

An act to incorporate the Danville and Mattoon Railroad Company 969 

An act to incorporate the Danville, Olney and Ohio River Railroad Company. . 975 

An act to incorporate the Danville and Rosedale Railway Company 982 

An act to incorporate the Danville, Tuscola and Western Railroad Company.. . . 985 

An act to incorporate the Decatur and State Line Railway Company 993 

For continuation of Railroad Companies see third volume. 



PRIVATE LAWS. 



CITIES— NEW PRIVILEGES. 



AN ACT to amend an act to incorporate the city of Jacksonville, in the ^° ^oq^isgo^'*^^ 
county of Morgan, and state of Illinois, approved loth February, 1S67, ' ' 
and also concerning the act approved 10th February, 1849, concerning 
incorporated towns and cities. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the Prohibition of 
city council of the said city of Jacksonville shall liave no prove'' Duncan 
power, expressed or implied, to straighten, vacate or discon- p'*'"'^- 
tiune any street, alley or highway, or any public grounds, 
or the Duncan Park within the limits of the original plat 
of the town of Jacksonville, or of any addition thereto, or 
of any addition to the now city of Jacksonville, or within 
the limits of the said city of Jacksonville. 

§ 2. That the twenty-first section of the eleventh article Act amenaed. 
of the act hereby amended be amended by strikiug out the 
word " live," and inserting in lieu thereof the word "six." 

§ 3 . That section three of article eleven of the charter section three 
of said city of Jacksonville be so amended [that] the mem- amended, 
bers of the board of education, representing the different 
wards, shall hereafter be elected by the people at the city 
elections of city officers, and shall go out of office as follows : 
Two at the end of one year, and two at the end of two 
years ; and that after the first electiou of said board, to-wit: 
at the next election of city officers, they shall cast lots, in the 
presence of the city council, for the loag and short terms of 
office, and the two upon whom the lots for the short term 
shall fall shall go out of office at the end of one year, and 
the oth^r two at the end of two years, aud the city council 
shall make a record thereof; and after the first election of 
the board of education, that two members thereof shall be 
elected each year, in conformity with this amendment. 

§ 4. That the first subdivision of the powers of the city of^^^V°/toT=- 
council, under third section of article five (5) of the act to sue bonds. 
Yol. II— 1 



2i CITIES — NEW PRIVILEGES. 

which this is an amendment, is hereby amended, so as to 
authorize the city council to issue bonds for more or less 
than live years, as the city council may deem proper : Pro- 
vided, that if at any election to be held under said first 
sub-division, there shall not be a majority of all the votes cast 
at the last city election for city officers, voting for the issu- 
ing of the bouds, then the bonds shall not be issued, 
sireei com- § 5. That hereafter the city street commissioner and 
™^leyof to*be City survcyor, provided for in the fifth (5) section of article 
?o.?ncii!^'^ ^^y two (2) of the act to which this is an amendment, shall be 
appointed by the city council ; and said officers shall be 
subject to the orders and be under the control of said coun- 
cil ; and said street commissioner and surveyor, and all 
other officers and agents now authorized or that may be 
hereafter authorized to be appointed by said city council, 
may be removed from office and their places filled by other 
persons, by a vote of the majority of said council, as provi- 
ded in the fifth section of the second article of the act here- 
by amended. 
EiectioDs. § 6. That hereafter there shall be elected two aldermen 

in each ward of the said city of Jacksonville. 
Public groucds. g 7. That the city council of the said city of Jackson- 
ville shall have full power, by the unanimous vote of said 
city council, or, without said unanimous vote, upon petition 
of the owners of two-thirds of the property fronting there- 
on, to open and lay out public grounds and squares, and to 
open, extend and widen through [the] whole length, or 
part or parts thereof, streets, alleys or other highways, and 
to construct sewers or other drainage in said city, or sec- 
tions thereof. The city coimcil shall cause all streets, alleys 
and other highways and public squares, or grounds, or 
sewers, laid out, opened, widened, as aforesaid, and exten- 
ded or constructed by virtue of this act, to be surveyed : 
and such survey (describing accurately the real estate 
through or over which the same may or shall pass) to be 
recorded in a book to be kept by the clerk of said city for 
that purpose. 
v,'heu aama- § 8. Whenever any street, alley or other highway, or 
ajjreedupon. puolic ground, or Square, or sewers, or other dramage, is 
proposed to be laid oat, opened, altered, widened, or ex- 
tended, or continued, or constructed, in said city, and the 
amount of compensation to property holders, whose property 
may be occupied by reason of or for the purposes of said 
street, alle}', highway, or public grounds, or square, or sew- 
er, or other drainage, can not be agreed upon, the city 
council shall give notice of its intention to appropriate the 
necessary laud for the same to the owner or owners thereof 
residents of said city of Jacksonville, by written or printed 
notices, delivered to said resident owner or owners, or by 
leaving the same at his, her or their residence or residences, 
or at his, her or their boarding house or houses, with some 



CITIES — NEAV PRIVILEGES. 



member of the family over twelve years of age ; and if any 
resident owner or owners shall be out of said city, for the 
time being, he or they may be served with notice, as afore- 
said, or by publication hereinafter provided ; and thereafter 
the city council shall appoint one freeholder, and said pro- 
perty holder or holders shall appoint one freeholder, and 
these two so appointed shall, within five days, appoint a 
third freeholder — all of whom shall be residents of said city 
of Jacksonville, and neither of whom shall be owner of any 
interest in any real estate so to be valued by him as com- 
missioner — to assess and ascertain the value of all real Estimate vai- 
estate required for any such proposed improvement, ^nd '•^®"°'"®^^^^''^''** 
the damages, if any, to the several owners of the same, 
resulting from the appropriation and occupation as afore- 
said. And should said property holder or liolders fail to 
make such appointment within five days after notice, as 
aforesaid, of the appointment by said city council of a com- 
missioner, as aforesaid, then the city council shall have 
power to appoint the second commissioner, and these two 
shall appoint a third ; and in case of the default of these 
two to appoint a third commissioner, within five days, the 
city council shall have power to appoint him. But in all 
cases where it shall be made to appear to said city council, 
by the oath or atiirmation of any officer or duly appointed 
agent of said city, that the owner or owners of any such 
real estate or interest therein, proposed to be valued and 
appropriated, as aforesaid, shall be a non-resident of this 
state, or shall be residing out of said city of Jacksonville, 
for the time being, the city council shall cause to be pub- 
lished in the newspaper publishing the city ordinances, for Pnbiioatiou cf 
the time being, a notice to said owner or owners of such ^^'"^^' 
real estate or interest therein, to be signed by clerk of said 
city, describing therein the property and the purposes for 
which the same shall be proposed to be taken and appro- 
priated, and which notice shall be published for three 
weeks ; and upon the expiration of such time the city coun- 
cil shall have the power, in the manner provided in this 
section, to proceed to the appointment of commissioners, seport of com- 
and proceed with such appraisement and valuation as in ^issionere. 
other cases herein provided for. The said commissioners 
shall make their report in writing, and shall accurately de- 
scribe therein the several parcels of real estate required for 
the said proposed public ground, square, street, alley or 
other highway, sewer or drainage, with a separate valuation 
of each piece. Said commissioners shall also examine all property spec i- 
property specially benefited by nature of the opening, a'ly 'benefited. 
widening, or extending, or constructing sewers or drainage, 
or pubhc ground, square, street, alley, or other highv.'ay ; 
and the special benefits accruing to each of said lots or 
parcels of land, by reason of said improvement, shall, by 
said commissioners, be separately estimated and reported ; 



CITIES — NEW PEIVILEGES. 



and the special benefits so resulting as aforesaid, the city 
council shall have the power to collect from the respective 
or several owners of the same ; and the sum of the special 
benefits, so estimated and ascertained, shall be deducted 
from the whole costs of said public improvement, and the 
remainder thereof shall be provided for by the said city 
council as other revenue is provided. A majority of said 
city council shall be necessary to a choice of commissioners. 
Oath of com- The commission shall, before entering upon their duties, be 
sworn or affirmed faithfully and impartially to perform 
their duties as such commissioners to the best of their abil- 
Afscssmentno- ity- Said Commissioners shall first give notice of the time 
^'^^' and place of meeting ; which said notice shall be published 

for five days in the newspaper in said city publishing the 
city ordinances, prior to the day of meeting ; and the pub- 
lication of such notice of their intention to make such 
assessment shall be deemed and taken as sufficient notice 
to all persons interested in any property in any manner 
affected by said improvements of the intention of the said 
city to have the same valued for the purpose aforesaid. 
Said commissioners shall make personal inspection of the 
premises proposed to be taken, and, a majority concurring, 
shall be authorized and empowered to report. They may 
receive and consider any legal evidence of the value of pro- 
perty affected, and may adjourn from day to day, if deemed 
necessary. Said report shall be made to the city council 
within ten days after the same shall have been completed. 
Dnty of cietk. g 9_ ^hc clcrk of Said city, on filing of said commission- 
ers' report, shall thereupon give ten days' notice, by publi- 
cation in the newspaper publishing the city ordinances, that 
said assessment has been returned to the city council, and 
that, upon a day to be named therein, the city council will 
act upon the same, unless objection be made to the same by 
some person or persons interested. Objections may be 
made to and heard by the city council, and adjourned from 
time to time, as said council may order. Said council shall 
have power, in their discretion, to reject said report, and 
to order said commissioners, or others, to be appointed by 
said city council, to re-examine and report upon said pro- 
posed public improvements. 

§ 10. When said commissioners' report shall have been 
acted upon and approved by the city council, the same 
shall be filed in the office of the clerk of said city, and 
recorded ; and thereupon it shall be the duty of the said 
city to cause the amount of damages so awarded to the 
several owners of the real estate required to be taken and 
appropriated, as aforesaid, first deducting therefrom what- 
ever special benefits may have, by said commissioners' 
report, or the order of the city council in conformity 
thereto, been charged against the owners of said several 
lots of land, resulting from said public improvements, 



Power of cit' 
council. 



CITIES — NEW PRIVILEGES. 5 

to be tendered to the respective owner or owners of the 
same, in payment for the property specified in said com- 
missioners' report; and thereupon the city council shall 
have power, and it shall be and it is hereby made their 
duty, to proceed to appropriate said property, and to open, 
widen, lay out or extend, as the case may be, the proposed 
street, alley, highway, public ground, or square, except in 
so far as appeal or appeals sliall be taken, as hereinafter 
provided. That whenever the commissioners' report upon 
any proposed public improvement shall have been duly 
made, and finally acted upon by the city council, the seve- collection of 
ral assessments made by said commissioners against the assessments, 
several lots or parcels of ground, for the special benefits 
resulting to the owner or owners thereof, by reason of such 
public improvements, shall be payable to or collectable by 
the said city council; and the said city council may proceed 
to collect the same by warrant, to issue for that purpose, or 
in such other manner as may be provided for by ordinances. 
That whenever it shall appear to the city council, by the 
oath or afiidavit of any oificer of said city having charge 
of any of the public improvements authorized by this act 
to be made, that the owner, either legal or equitable, of 
any real estate necessary to to be taken and appropriated 
for the use of any such public improvement, and described 
in the report of said commissioners, is not a resident of this 
state, or is residing outside of this state, it shall not be ^^on resident, 
necessary to make a tender of the sum awarded such pro- 
perty holder, in person; but the damages so awarded shall 
be deposited in the county treasury, to the credit of or for 
the use of such owner; and thereupon the city council 
may, by its agents and proper officers, enter upon said pro- 
perty, and appropriate the same to the use of said city, for 
the uses and purposes provided for in this act, except in so 
far as appeal and appeals shall be taken, as hereinafter 
provided for. 

§ 11. Whenever the city council shall have ordered the . Expenses of 

1 . o (• i 1 • 1 1 • (1 improvement. 

makmg ot any oi the improvements, the authority for 
making which is given by section one (1) of article eight 
(8) of the act to which this act is amendatory, the cost and 
expense of such improvement shall be paid in the same 
manner as herein provided for paying the expenses and 
damages resulting from opening, widening or extending 
streets, alleys and other public grounds : that is, there shall 
be assessed upon the property specially benefited by such 
improvements the amount of such special benefits, and the 
balance of the cost or expense of such improvements shall 
be paid out of the city treasury. Said assessment shall be 
levied and collected in the manner herein provided for 
levying and collecting assessments for opening, widening 
or extending streets, alleys and other public grounds. 



b CITIES — NEW PRIVILEGES. 

Appeal. § 12. Any person or persons whose property shall be 

taken, or upon whose property an assessment shall be made 
by the city council, for the purpose of opening, widening 
or extending any street, alley or public ground, or of mak- 
ing any other public improvements, may appeal from the 
final order of the city council taking such property, or 
making such assessment, to the circuit court of Morgan 
county, by giving notice, in writing, of his or their inten- 
tion so to do, to the mayor, within ten days after the pass- 
age of such final order. In case of appeal, the city council 
shall, within thirty days after such notice, tile in the oflice 
of the clerk of the circuit court a transcript of all the j)ro- 
ceedings of the city council in relation to taking of such 
property, or making such assessment, so far as the same 
shall appear from the files and records of said council; 
which transcript shall be certified by the city clerk, under 
the corporate seal of the city. Upon the trial of such a})- 
peal, no exception shall be taken to any of the proceedings 
of the commissioners, or of the city council, except as to 
the question of damages, and to the order of the city coun- 
cil approving the report of the commissioners upon that 
subject ; and that upon these points the appellant or appel- 
lants shall have a new trial in the circuit court. 
Effect of ap- § 13. An appeal taken by any party whose land shall 

provemraL ™' ^6 taken for the purposes of any street, alley or public 
ground, or other public improvement, under the provisions 
of this act, shall operate to stop or hinder the work of 
opening, widening or extending such street, alley or public 
ground, or other public improvement, so far as appealed 
from, until after the trial of the appeal in the circuit court, 
and afterward, if the circuit court decide against the right 
of the city to proceed vv^ith the said proposed public objecl 
or improvement, and until said decision of the circuit court 
shall be reversed by the supreme court. But nothing within 
this section shall be construed to deprive the city or any 
party to prosecute a writ of error, or an appeal from the 
judgment of the circuit court to the supreme court. 
Conflicting § 14. So much of the act to which this is an amend- 

acsrepeaec. jv^^^^^ ^j. ^f ^^^ |^^ under which the city council claims 
power, as conflicts with the provisions of this act, are [is] 
hereby repealed, so far as the said city of Jacksonville is 
concerned. 

§ 15. This act shall be deemed a public act, and shall 
take eflPect from and after its passage, 
Appkoved March 29, 1869. 



CITIES — NEW PRIVILEGES. 



AN AGP to amend the charter of the city of Jerseyville. In force March 

29, 1S69. 

Section 1. Be it enacted by the Peojjle of the State of 
llliiiois^ represented in the G-eneral Assembly, That the corpcraiepow- 
corporate powers of said city shall be vested in the city ®'■^• 
council, to be composed of a mayor, and two aldermen 
from each ward of said city. The other officers of said officers, 
city shall be a city cJerk, who shall be, ex officio, treasurer 
of said city, an assessor, a constable, who shall be, ex officio, 
collector, a marshal, who shall be, ex officio, street commis- 
sioner, a city attorney, a surveyor, and a fire warden. 
That no person shall be ehgible to any of the aforesaid 
offices, unless qualified as is provided in section 1 of chap- 
ter 2 of the act to which this is an amendment. 

§ 2. That section 2 of chapter three of the act to which section two 
this is an am.endment be so amended as to require the elec- ^"^'''^'^^^'^• 
tion of two instead of one alderman from each ward of 
said city, who shall be elected by the voters in the wards 
in which such aldermen respectively reside; and polls for 
such election shall be opened at some place in each of said 
wards, to be designated by the city council. 

§ 3. That, in addition "to the powers conferred upon the j^fyj^^'"^ '"' ^^^ 
mayor of said city by the act to which this is an amend- 
ment, he shall, ex officio, have power to administer any 
oath required to be taken by this act, or by the act to which 
this is an amendment, or by any law of this state, and to 
take depositions. 

S 4. That the citv clerk, as ex officio treasurer, shall, ^o"<^/'^J ^^- 

, y. , . ^1 T ^' L' t • is^ i. I J cnrity of officers 

betore entermg upon the duties ot his office, execute a bond 
to the city of Jersey ville, for the use of the inhabitants 
thereof, in such sum as the city council may require, with 
two or more sureties, to be approved by said city council. 

§ 5. The city marshal shall have the same power and Marshal, feea. 
authority, within the county of Jersey, which a constable 
has under the laws of this state, and shall receive like fees. 
He shall arrest all persons, on view, with or without a 
warrant, who may be found violating any of the ordinances 
of said city. 

S 6. That, after the uext annual election for the officers Election of city 
01 said City, an annual election tor the said officers shall 
take place on the first Tuesday of March In each year. 
Ten days' previous public notice of the time and place or 
places of holding such election shall be given by the city 
clerk, by posting up notices of the same in three public 
places in each ward of said city. 

§ 7. That so much of section 4 of chapter 5 of the act ^ sections 4 and 

^ ^ , . T .-i . • 1 T ., .. i- .1 5 partly repealed 

to which this IS an amendment as limits the power ot the 
city council, in borrowing money for city purposes, to an 
amount not to exceed one-half of the city revenue, arising 
from taxes of the previous year on real and personal pro- 



nances. 



trict 



CITIES — NEW PBIVILEGES, 

perty within the limits of said city, be and the same is 
hereby repealed. 

^j-eg. § 8. All street or poll tax, not collected or worked oat, 

shall be reported to the city council by the street commis- 
sioner, at their regular meeting in July, in each year ; and 
the said city council shall thereupon direct the same to be 
placed upon the city collector's book, and collected as other 
taxes of said city. 

style of ordi- § 9. The Style of ordinances to be hereafter passed by 
said city council shall be, '•''Be it ordained hy the City Coun- 
cil of the city of Jerseyville; " and shall be read three 
times before their passage. Upon the final passage of all 
ordinances, the ayes and noes shall be taken and recorded ; 
and no ordinance shall be deemed to have passed, unless 
the same shall have received the affirmative vote of a ma- 
jority of the aldermen elected. 

Duty of police § 10. That it may be lawful to declare, generally, i 

agistrate. debt, before the police magistrate of said city, or any jus 
tice of the peace, in all actions brought by the said city, 

Eieciion dis- § H- The City of Jerseyville shall constitute a district, 
in which one police magistrate or city justice of the peace 
shall be elected by the qualified voters of said city ; who shall 
be commissioned and qualified, in all respects, as justices of 
the peace of this state. Said police magistrate shall hold his 
ofiice for four years, and until his successor shall be duly 
elected and qualified. He shall have power to Jiear and 
determine all cases arising under this act, or the act to 
which this is an amendment, and the ordinances of said 
city ; and, in addition thereto, he shall have and exercise, 
in the county of Jersey, all the powers and authority con- 
ferred upon justices of the peace by the laws of this state. 
Fees of office. Jle shall be entitled to charge and receive the same fees as 
are allowed by the laws of this state to justices of the peace. 
In cases before him, arising under the ordinances of said 
city, any person charged with a violation of the same shall 
be entitled to trial by a jury of six lawful men, being citi- 
zens of the said city. 

Election of po- 8 12. The first election of said police magistrate shall 
lice magistrate. ^^^ ^^^^ ^^ ^^^ ^j^.^.^ Tuesday in April, A.D. 1SG9. The 

next election for said office of police magistrate shall take 
place on the first Tuesday in March, A.D. 1873, and on 
the first Tuesday in March in each and every fourth year 
thereafter. 
Vacancy, how § 13. If any vacaucy shall occur in said office of police 
^"*'^" magistrate, the same shall be filled by a special election, to 

be called and conducted in the same manner as other elec- 
tions in said city. During the absence or inability to act 
of the police magistrate herein provided for, it shall be 
lawful for any justice of the peace in and for the county of 
Jersey to hear and determine cases arising under the ordi- 
nances of said city. Appeals from any decisions of said 



acts repealed. 



When net to 
take effect. 



CITIES — NEW PRIVILEGES. "'f 

police magistrate, or trial before him, shall be allowed, by 
the party entering into bonds, as provided by law in cases 
of appeal from justices of the peace of this state; but no ,.6^°^'^''*'°^® °^ 
change of venue shall be allowed from said police magis- 
trate, in any case or controversy arising under this act, or 
the act to which this is an amendment, or the ordinances 
of said city. The said police magistrate may direct all 
processes issued by him to the sheriff [or] any constable of 
Jersey county, or to the said city marshal. 

§ 14. That section 8 of chapter 9 of the act to which ^^^^ conflictins 
this is an amendment, and all acts or parts of acts hereto- '""° """'"' " 
fore in force, and inconsistent with the provieions of this 
act, are hereby repealed. 

§ 15. This act shall be deemed a public act, and 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 March 29, 1869. 



AN ACT to amend the charter of the city of Joliet. In force Feb. 25 

^ 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represe7ited in the General Assembly, That the Act amended 
fourth section of an act entitled "An act to amend the char- ^'^ '^^^^^'' 
ter of the city of Joliet," approved March 1st, 1867, and 
the second section of the act to which said act is amenda- 
tory, approved February 16, 1865, be and the same are 
hereby repealed, and the offices of police magistrate, thereby 
created, are hereby abolished ; and that at the regular char- 
ter election of said city, for the year 1869, and every fourth 
year thereafter, there shall be one police magistrate elected 
for said city, who shall hold his office for the term of four 
years, from the date of his election. 

§ 2. That chapter fourteen of an act entitled "An act provimons of 
to reduce the law incorporating the city of Joliet and the " 

several acts amendatory thereof into one act, and. to amend 
the same," approved January 31, 1857, is hereby revived 
and. in force, except so far as the same is in conflict or in- 
compatible with section one of this act. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Approved Februarv 25, 1869. 



act reviser 



Vol. 11—2 



10 CITIES — NEW PBIVILEGES, 



In force March AN ACT to amend the charter of the cilT of Joliet. 

29, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the Qeneral Assembly, That the 
Act amended, eleventh article of section four, in chapter four, be so 
amended that after the word ^'Provided,'''' as to read, 
"not less than one dollar nor more than five hundred dol- 
lars shall be re.quired to be paid for any license under this 
act." 
Section 4, chap- § 2. That article forty-four of section four, of said chap- 
ter 44, ameaded ^^^ ^^^^^ ^^ ^^ amended as to read as follows : "To pro- 
vide for the lighting of streets and erecting lamp posts and 
lamps therein, and regulate the lighting thereof, and, from 
time to time, correct, alter or extend lamp districts ; to ex- 
clusively regulate, direct and control the laying and repair- 
ing of gas pipes and gas fixtures, in the streets, alleys, 
avenues and sidewalks." 
Issue licenses. § 3. The common council, in addition to its present 
powers, shall have power to direct; the location and manage- 
ment of and regulate and license brewers, tanneries and 
packing houses, and direct the location, management and 
construction of, and regulate, license, restrain, abate and 
prohibit, within the city and to the distance of two miles 
therefrom, distilleries, slaughtering establishments, estab- 
lishments for steaming or rendering lard, tallow, offal, and 
any such other substance as can or may be rendered, and 
all estabhshments or places where any nauseous, offensive 
or any unwholesome business may be carried on. 
License insn- § 4. The common couDcil of Said city shall have ex- 
rance companies g-^^gj^g power to liccnse, tax and regulate, within said city, 
all insurance companies and their agents, doing bus'.ness 
in said city, and compel said companies, or their agents, to 
take out such license and pay such taxes, 
tion?^''''^'^ '^^' § ^' ^^^* sections one, two, three, four, five and six, of 
chapter seven, shall be amended so as to read as follows : 
^'•Section 1. The com-mon council shall have power, from 
time to time — 
Streets, alleys, '■''First — To cause any street, alley or highway to be 
° ways. gj.^rjQ(^^ leveled, paved, macadamized, or planked, and to 
keep the same in repair. 
Sidewalks. ''''Second. — To cause cross and sidewalks, main drains, 

sewers and private drains, to be constructed and laid, re- 
laid, cleansed and repaired, and regulate the same. 

'■^ Third. — To grade, improve, fence, protect and orna- 
ment any public square or ground, now or hereafter to be 
laid out. 
Assessment np. ''^Section 2. Thc expeuscs of any improvement mentioned 
beneficed. ^^^'^'^ in the fii'st and second paragraphs of the foregoing section 
shall be assessed upon the real estate specially benefited 
thereby. The amount to be assessed for such improve- 



CITIES — NEW PRIVILEGES. 11 

ment shall be estimated and determined by three respect- 
able freeholders of the city, to be elected bj the common 
council, as commissioners to make such estimate and assess- 
ment, who shall be sworn faithfully and impartially to ex- 
ecute their duty, to the best of their ability. 

'-^Section 3. Before entering on their duties, the com- Duties of com- 
missionerci shall give one week's notice, in the corporation ^issioners. 
newspaper, of the time and place of meeting, to all persons 
interested, and they may, if necessary, adjourn from day 
to day. The commissioners shall fiist estimate the whole 
cost of the proposed improvement and all the costs and ex- 
penses of the same, and then assess the amount upon the 
real estate by them deemed specially benefited by any such 
improvement, in proportion, as nearly as may be, to the 
benefifc resulting thereto, and briefly describe, in an assess- 
ment roll, to be made by them, such real estate, and set, 
opposite to such lot or block, parts of lots and parts of 
blocks and real estate, the amount of the assessment there- 
on ; which assessment roll and report of said commissioners 
shall be returned to the common council. 

Section 4. When the commissioners shall have com- Rf'port of com- 
pleted their esfiaiate and assessment, and made a correct 
copy thereof, they shall deliver the same to the city clerk, 
within forty days after their appointment, signed by all the 
commissioners. The clerk shall therenpon cause notice to 
be published in the corporation newspaper, for one week, 
to all persons interested, of the completion of the assess- 
ment, and of the filing of the roll. Time and place shall 
be designated therein for hearing objections. 

^^Section 6. Any person interested may appeal to the Appeals may 
common council for the correction of the assessment. Ap- '^'^ ^^^^^' 
peal shall be in writing, and filed in the clerk's office within 
ten days after the first publication of said notice. The 
common council m^ay adjourn such hearing from day to 
day, and shall have power, in case of appeal or otherwise, 
in their discretion, to revise and correct the estimate and 
assessment and confirm or annul the same, and direct new 
estimates and assessments to be made, in the manner here- 
inbefore directed, by the same commissioner or by three 
others, as they shall deem advisable; when confirmed, the 
assessment shall be collected as other taxes npon real estate, 
by sale thereof. 

'■'•Secimi 6. If any vacancy happens in the office of com- vacancies mied 
raissioners, at any time, by reason of removal, failure, or re- 
fusal, or iniibility from sickness, or other cause, to serve, 
the common council may fill such vacancy. If the first as- 
sessment prove insufficient another may be made, in the 
same manner." 

§ 7. That section nine of chapter two be amended, by ^^'^^f^"" \^l 
adding the following clause thereto : '-'Provided, that no amJkded. 
person shall be eligible to the office of mayor or alderman 



1*2 CITIES — NEW PRIVILEGES. 

who has not been a resident tax payer and freeholder of 
said city for two years next preceding his election ; nor 
shall any person be allowed to vote on any question of sub- 
scribing by the city to the stock of any railroad company 
or on any question or project that shall create or cause any 
indebtedness against the city, who has not been a tax payer 
in said city for one year next preceding the time of such 
voting. 
coDfiicting acis § 8. All acts and parts of acts, coming in conflict with 
repealed. ^^^ provisions of this act, are hereby repealed. This act 

shall take eflect and be in force from and after its passage. 
Appeoved March 29, 1869. 



In force April AN ACT supplemental to an act entitled "An act to amend the charter of 
16, 1869. tijg ^jjy of Joliet," approved March 29, 1869, and to perfect and improve 

the same. 

Section 1. Be it enacted hy the People of the State of 

Illinois, represented in the General Assembly, Tiiat the city 

Credit of city of Joliet, in Will county, be and hereby is authorized and 

iJl^sed^or issu- f^lly empowered to pledge the credit of said city, by the 
issuing of bonds, or such other evidences of indebtedness 
as shall be deemed proper and necessary, and also to levy 
and collect necessary taxes, as by law is provided, for the 
purpose of aiding and assisting in the creation and erection 
of manufacturing establishments and improvements in and 
adjacent to said city, and for liquidating such pledges. 
Question suh- § 2. That before any bonds or evidences of indebtedness 

voters. ^^ ^^'^^ shall he issued or tax levied, as expressed in section one of 
this supplemental act, for the purposes therein specified, 
the proposition for issuing such bonds and evidences of in- 
debtedness, or the levying of any such tax or taxes, shall 
be submitted to a vote of the legal voters of said city, for 
their approval or disapproval, at an election called for that 
purpose ; and the amount proposed to be appropriated or 
raised, and the object thereof, shall be definitely expressed 
in the notice or notices for such election, and approved by 
a majority vote at such election. 
Notice for § 3. The noticcs to be given for such election shall be 

special election, giye^ by the city clerk, by direction of the city council, and 
such notices shall be posted up at least live days before the 
time of holding such election, as in other cases of election, 
in at le.iatfive places in each ward of said city. 

^Bonds signed § 4, In case bouds or other evidences of indebtedness 

c:^rk.™^^°'^ **' shall be issued under the provisions of this act or the act to 



commissioners. 



CITIES — NEW PRIVILEGES. 13 

which this is a supplement, the same shall be signed by 
the mayor and city clerk, under the corporate seal of said 
city. 

I 5. This act shall be a public act, and shall be liberally 
construed, and shall take efiect from and afte- its passage. 

In force April 16, 1869. 

This bill havin? been returned by the governor with objections lliereto, and after 
reconsideration having passed both houses by a constitutional majority, ic has become 
a law this 16Ch day of April, A, D. 1869. EDWARD RUMMBL, 

Secretary of State. 



AN ACT to amend an act entitled "An act to establish the citv of Kanka- In force March 
liee," approved February 16, 1865. ^°' ^-^®- 

Section 1. Be it enacted hy the People of the State of 
Illinois, rejpresented in the General Assembly, That the corporate 
coaimon council of said city shall have power, from time to p°"'^"^' 
time, to cause sidewalks to be constructed, laid, relaid and 
repaired. , 

§ 2. Whenever such sidewalks shall be constructed, Appointmentof 
laid, relaid or repaired, the common council may pay the 
cost and expense thereof out of the general fund, and proceed 
to appoint the street commissioner and two freeholders of 
said city, as commissioners, whose duty it shall be to esti- 
mate and assess the value of the benefits of such sidewalks, 
so constructed, laid, relaid or repaired, upon the real estate 
along or adjoining sach sidewalk ; and si^ch assessment 
shall be made and coUecteot upon such real estate, in pursu- 
ance of chapter eight of the act to which this is an amend- 
ment. 

§ 3. The common council may, if they deem proper, ap- Estimate . 
point atid cause such commissioners to make an estimate of 
the cost and expense of constructing, laying, relaying or 
repairing such sidewalks, and estimate and assess the value 
of the benefits thereof upon the real estate along or adjoin- 
ing the same, and then either order the construction thereof, 
and levy and collect such assessments, as provided in the 
foregoing section, or suspend said order until such assess- 
ments shall be levied and collected, when it shall be then 
expended for such purposes. And that said council shall 
have power to receive security from the real estate owners 
that they shall pay such assessments upon their property, 
in constructing, laying, relaying or repairing sach sidewalks, 
in such manner as said council may require. 

§ 4. The common council shall have power to cause 
sidewalks to be repaired, from time to time, and 
street commissioners to estim.ate and assess the benefits 
thereof upon the real estate along or adjoining said side- 
walk ; which amounts shall be assessed and collected in 



14 CITIES — NEW PSITILEGES. 

pursuance of said chapter eight of the act to which this is an 
amendment. 

§ 5. This act shall be deemed a public act, and shall be 
in force and effect from and after its passage. 

Approyed March 30, 1889. 



Id force ilarcli AX ACT to amend au act entitled "An actio incorporate the city of 
"-' ^^^®- Lake Forest," approved Feb. 21, 1861. 

ARTICLE L 

BOrXDARIES, GEX£RAL PCnTEES AXD FORilATIO.V OF WARDS. 

Section 1. Be it enacted hy the Peo]}le of the State of 
Illinois^ represented in the General Assenibly, That the 

eS"^^ow ve?t*el" i'l^abitants in the city of Lake Forest, in the county of 
Lake, and state of Illinois, be and they are hereby constitu- 
ted a body politic and corporate, by the name and style of 

xsme and style "The City of Lake Forest ;" and, by that name, shall have 
perpetoal succession, 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 of the original plat of Lake Forest, as plat- 
ted and recorded by the Lake Forest Association ; the 
western addition to Lake Forest ; all of the west half of the 
north-west quarter of section thirty-three (33), township 
forty-four (44) north, of range twelve (12) east ; also, all of 
said section thirty-three (33), and all of the northeast quar- 
ter of section four (4), township forty-three (43), range 
aforesaid, that lies east of the eastern line or boundary of 
the public road or highway known as the Chicago and 
Green Bay road or Chicago and Lake Shore road, so called ; 
but no tract or lot thus included, and not embraced in either 
of the aforesaid plats, and exceeding thirty (30) acres in 
area, shall be taxed for general city purposes ; but the same 
shall bear a proportionate share of taxes for school pur- 
poses, and shall, also, be liable for special assessments for 
improvement of streets and highways adjacent thereto. 

General powers. ^ 3_ ^he inhabitants of said city, by the name and style 
aforesaid, shall have power to sue and be sued, to implead 
and be impleaded, defend and be defended, in all courts of 
l:!v/ and equity, and in all actions whatsoever; to purchase, 
receive and hold property, both real and personal, within 
or beyond the city, for burial grounds, or for other public 
purposes, for the use of the inhabitants of said city; to sell, 
lease and convey or dispose of property, real and personal, 
for the benefit of the city, and to improve and protect such 
property and to do all olher things [in relation] thereto as 
natural persons. 



CITIES— NEW PRIVILEGES. li> 

§ 4. The city of Lake Forest shall be divided into three . Divide city 
(3) 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 lit, having regard to the 
number of inhabitants. The city council may create addi- 
tional wards, as occasion may require, and fix the bounda- 
ries thereof. 

ARTICLE II. 

OFFICERS — THEIR ELECTION AND APPOINTMENT. 

Section 1. The municipal government of the city shall c"ycouucii. 
consist of a city council, to "be composed of the mayor and 
two aldermen from each ward. The other officers of the Election of 
corporation shall be as follows : a city surveyor and engi- "ty officers, 
neer, a city clerk, and city attorney, who shall be elected by 
the city council, a city treasurer, a city assessor, a city mar- 
shal and collector, and a city supervisor, who shall be elect- 
ed by the qualified voters of said city, who. in addition to 
the duties prescribed by this act, shall perform such oth- 
er duties as may be prescribed by ordinance. There shall, 
also, be such other officers, servants and agents of the cor- 
poration, as may be provided bj ordinance, to be appointed 
by the city council, and to perform such duties as may be 
prescribed by ordinance. AH officers shall qualify for their 
respective offices in manner provided by law. 

§ 2. The several wards of the city shall be represented of 31"^**"°" 
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. 

§ 3. A majority of the city council shall constitute ^ j^ '^^fgi^s'" *° '^° 
quorum to do business, but a smaller number may adjourn 
from day to day and compel the attendance of absent mem- 
beriJ, under such penalties as may be prescribed by ordi- 
nance. 

§ 4. All officers elected or appointed under this act, ex- Term of ofiica. 
cept aldermen, shall hold their offices for one year and un- 
til the election or appointment and qualification of their 
successors, respectively. All other officers mentioned in 
this act, and not otherwise officially 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 continue 
in office during the pleasure of the city council : Provided^ 
the mayor or marshal may be authorized to remove them 
from office for good cause. Ail officers elected or appoint- 
ed to fiJl vacancies shall hold for the unexpired term, only, 
and until the election, or appointment and qualification of 
their successors. 



16 CITIES — NEW PKIVILEGES. 

Eligibility of § 5. Ko person shall be eligible to the office of mayor 
'^*^°'"' who shall not, after tbe first election held under this char- 

ter, have been a resident of the city for one year next pre- 
ceding his election, or who shall be under twenty-one (21) 
years of age, or who shall not at the time of his election be 
a citizen of the United States, and shall be a freeholder of 
property located within the bounds of said city. 
ofiMi^^*^°° § ^' '^^^ person shall be an alderman, unless he shall 
be, at the time of his election, twenty-one (21) years of age, 
a citizen of the Lnited States, a resident of the ward for 
which he is elected, and shall be a freeholder of property 
located within the bounds of said city, and, after the first 
election under this charter, shall have resided one year with- 
in the limits of said city. 
Qaorum. § 7. 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 appoint 
judges thereof, if necessary. If any alderman shall remove 
from the ward represented by him. his otiice shall thereby 
become vacant. If, fi*om any cause, the officers therein 
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 officers herein re- 
quired to be elected, the city council may forthwith order a 
new election. 
Removal from § 8. Any officer elected or appointed to any office, may 
be removed from such office, by a vote of three fourths (f ) of 
the aldermen authorized by law, to be elected; but no of- 
ficer shall be removed, except for good cause, nor unless 
first furnished with the charges against him, and heard in 
his defense. .-^ nd the city council shall have power to com- 
pel the attendance of witnesses and the production of pa- 
pers, when nec:ssaryfor the purpose of such trial; and 
shall proceed, within ten (10) days, to hear and determine 
upon the merits of such case ; and if such officer shall neg- 
lect to appear and answer such charge, then the city coun- 
cil may declare such office vacated : Promded^ this section 
shall not be deemed to apply to any officer appointed by the 
city council. Such officer may be removed at any time by 
a vote of three-fourths (f ) as aforesaid, in their discretion; 
but any officer may be suspended until the disposition of 
the charges, when preferred. 
1. § 9. Whenever any vacancy shall occur in the office of 
mayor or alderman, such vacancy shall be filled by new 
election; and the city council shall order such special elec- 
tion within ten (10) days after the happening of such va- 
cancy. 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 
(9) months of the time has expired. 



oface. 



CITIES — NEW PEITILEGES. 17 

§ 10. All citizens of the United States, resident in said fo?offlSf"'°" 
city, and qualified to vote at any election held under this 
act, shall be qnalified to hold any office created by this act, ex- 
cept as herein otherwise provided ; 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 the state of Illinois; 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 pxace within the city shall become a defaulter 
while in office, the office or place may thereupon be de- 
clared vacant by the city council. 

§ 11. When two or more candidates for any elective Tievoto, how 
office shall have an equal number vf votes for such office, decided. 
the election shall be determined by the casting of lots, in 
the presence of the city council. 

ARTICLE III. 

Section 1. A general election of all the officers of the Election^ tima 
corporation, required to be elected by this act, or any ordi- '° i'^^^°- 
nance of the city, shall be held in the city, on the second 
Tuesday of April, in each year, at such place tis the city 
council may appoint, and of which six days' public notice 
shall previously be given, by written or printed notices, in 
three (3) public places in the city, or by publication in the 
newspaper publishing the ordinances of the city, by the city 
clerk. 

§ 2. The manner of conducting and voting at the elec- Manner efvo- 
tions held under this act, and contesting the same, the keep- dming^'^ eiec- 
ing 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 at general state elec- 
tions: JP/'ovided, the city council shall have power to reg- 
ulate elections and the appointment of judges thereof. The Duties of 
voting shall be by ballot, and the judges^of election shall {^^^es of eiec- 
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 (3) days after the elec- 
tion ; and thereupon the city council shall meet and canvass 
the same, and declare the result of the election. The per- 
son having the highest number of votes for any office shall ^^.^^^ .^^_ 
be declared elected. It shall be the duty of the city clerk cera ejected, 
to notify all persons elected or appointed to office of their 
election or appointment; and unless such persons shall 

Vol. II-3 



18 



Qualifications 
of voters. 



No arrests on 
election day. 



CITIES — NEW PEIVILEGE8. 

qualify within twenty (20) days thereafter, the office shall 
become vacant. 

§ 3. No person shall be entitled to vote at any city or 
ward election who is not entitled to vote at state elections, 
and has not been a resident of said city at least two (2) 
months next preceding said election. He shall have been, 
moreover, an actual resident of the ward in which he pro- 
poses to vote for ten (10) 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 aflirm) that I am of the age of twenty-one (21) 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 resi- 
dent of this city two (2) months immediately preceding this 
election, and am now and have been for the last ten (10) 
days past a resident of this ward, and have not voted at this 
election:" Provided^ that the voter shall be deemed a resi- 
dent of the ward in which he is accustomed to lodge, 

§ 4. The persons entitled to vote at any election held 
under this act, shall not be arrested (m 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 



Section 1. Every person chosen or appointed to an ex- 
ecutive, judicial or administrative office under this act shall, 
before he enters upon the duties of his office, take and sub- 
scribe 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 
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 re- 
quire." He shall preside over the meetings of the city 
council, and shall take care that the laws of this state and 
the ordinances of this city are duly enforced, respected and 
observed within 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 coun- 
cil such information, and recommend such measures as he 
may deem advantageous to the city. 
Enforce ordi- § 3. lie is hereby authorized to call upon any and all 
ancea. white male inhabitants of the city q\ county, over the age 

of eighteen (18) years, to aid in the enforcing the laws of 
the state or the ordinances of the city ; and, in case of a riot, 



Oath of office. 



Oath of mayor. 



Preeiding offi 
cer of council. 



OrriES — KHW PEITILEQES. 19 

to call out the militia, or any other available force, to aid in 
suppressing the same; and any person who shall not obey 
such call, shall forfeit to the city a iine of not less than five 
(5) dollars. 

§ 4. He shall have power, whenever he may deem it Requirements of 
necessary, to require of any of the 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 Maicondnct of 
of Lake 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 (100) 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 salary of mayor 
ordinance. 

§ 7. All ordinances and resolutions shall, before they ordinances to 
take effect, be placed in the office of the city clerk, and ]f the mayor.'^ ^^ 
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 which the same was 
passed shall be reconsidered ; and if, after such reconsidera- Reconsidera- 
tion, a majority of all the members elected to the city council ^^°" °^ '^°^^- 
shall agree, (by the ayes and noes, which shall be entered 
upon the journal,) to pass the same, it shall go into efl'ect; 
and if the mayor shall neglect to approve or object to any 
such proceedings for a longer period than three (3) 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 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 vacancy in of 
his being unable to perform the duties of his office, ^y s^® »*■ ™"y°'"- 
reason of temporary or continued absence or sickness, the 
city council shall appoint one of its members, by ballot, 
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 he shall resume his office, or the vacancy shall 
be filled by a new election. 

§ 9. The members of the city council shall be, ex officio, tiS°peaJe.**^*^ 
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 



20 



CITIES — NEW PEIVILEGES. 



ic-rk's duties. § 10, The clerk shall keep the corporate Beal, and all 
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 on the journal; and copies of all pa- 
pers, 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 for that purpose. He shall also keep an accurate 
account of all receipts and expenditures, in such manner as 
the city council shall direct. 

Attornej. § H. It shall be the duty of the city attorney to per- 

form all professional services incident to his office, and, 
when required, to furnish written opinions upon questions 
and subjects submitted to hira by the mayor, or cicy council 
or its committees. 

rreasnrer. § 1'^- 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 
treasury warrant, signed by the mayor or the presiding ofiicer 
of the city council, and countersigned by the city clerk. Such 
warrant shall specify for what purpose and from what fund 
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 re- 



Bonds, securi- 
ties, etc. 



Manba!. 



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 account shall be filed in the 
office of the clerk. 

§ 13. Before entering upon the duties of his office, the 
city treasurer shall give a bond, in a sum at least twice as 
large as the probable amount of moneys to be received or 
held by said treasurer — the amount of the same to be fixed 
by the city council, with two (2) sureties, to be approved 
by the city council. 

§ 14. 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, fines 
or otherwise. He shall possess the powers and authority of 
a constable of Lake county, 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 of Lake 
county, 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 be, ex officio, city 
collector. 



CITIES NEW PKIVILEGES. 21 

§ 15. The city engineer or surveyor shall have the sole Engineer and 
power, under the direction and control of the city council, ™"'<'y°'"' 
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 mak- powers of the 
ing plats and surveys within the city, as is given by law to ^"'^^^y'*'"- 
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, 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. Pie shall perform all surveying Duties of. 
and engineering ordered by the city council, and shall, un- 
der 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 shall perform all duties in relation to AesesBor. 
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 rolls 
for city purposes, and having revised and corrected the 
same, he shall sign and return them to the city council. 
The city collector shall collect all taxes and assessments Collector. 
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 supervisor shall superintend all public works supervisor. 
and local improvements 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 repair- 
ing thereof, and the construction and repairing of bridges, 
culverts and. sewers ; to order the laying, relaying and re- sidewalks. 
pairing of sidewalks ; to give notice to persons owning 
property adjoining such sidewalks, when required, and up- 
on the failure of any person 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 properly charge- 
able 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 accu- 
rate accounts, in appropriate books, of all appropriations 
made for work pertaining to his office, and of ail disburse- 
ments thereof, specifying to whom made and on what ac- 
count ; and he shall render monthly accounts thereof to the 



23 



CITIES — NEW PRIVILEGES. 



Further 
of officers 



city council. It shall be lawful for the supervisor to ap- 
point and have an assistant or deputy in each ward of the 
city, to be approved by the city council, who shall, under 
the control and direction of the supervisor, exercise the 
powers and duties of the supervisor within such ward, re- 
spectively ; and the ofhcial acts of all such deputies shall 
have the same force and authority as those of the supervi- 
sor ; but the supervisor shall in all cases be responsible for 
the acts of such deputies, 

§ 18. The city council shall have power, from time to 
time, to require further and other duties of all officers elected 
or appointed to any office under this act, whose duties are 
or are not herein specitically mentioned, and fix their com- 
pensation. 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 Lake Forest, in such sums 
and with such securities as they naay approve, conditioned 
that they shall faithfully execute* the duties of their re- 
spective 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 city clerk, shall be fikd in his office. 
Surrender of § 19. If any persou, having becu an officer of Said city, 

fo encce^ssorf*^' shall not, within ten (10) days after notification and request, 
deliver to his successor in office all the property, books, pa- 
pers and efi'ects, of every description, in his possession, be- 
longing to said city, or appertaining to his said office, he 
shall forfeit and psiy, for the use of the city, fifty ($50) dol- 
lars, 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 state. 
Commissioned § 20. All officers, except mayor, elected or appointed 

bythegovemor. under this act, shall be commissioned by warrant, under the 
corporate seal, signed by the mayor or presiding officer of 
the city council, and clerk. 



ARTICLE 



MAYORS COURT. 



fcourt establish- SECTION 1. There is hereby established in said city an 
dnties^Kof'''^ inferior court of civil and criminal jurisdiction, by the name 
of " The Mayor's Court of the City of Lake Forest." Said 
court shall have jurisdiction in all cases arising under the 
ordinances of said cit_y, and shall have such criminal and 
civil jurisdiction, within the limits of said city, as is or 
may be conferred on justices of the peace, generally, under 
the laws of this state ; and all proceedings in said court shall 
be conducted, as near as may be, as like proceedings are 
conducted before justices of the peace. Judgments ren- 



CITIES NEW PRITILEGES. 23 

dered by said court shall have the same force and effect as 
judgments rendered by justices of the peace. 

§ 2. Appeals shall be allowed from judgments rendered Appeals allowed 
by said court, to be taken and prosecuted the same and in 
the same manner as from judgments of justices of the 
peace. All process from said court may be served by the 
city marshal or any constable of Lake county. 

§ 3. The mayor shall be entitled to such fees as are al- Fees of mayor. 
lowed to justices of the peace for like service. 

ARTICLE VI. 

PO'tVERS OF THE CITY COUNCIL, AND DtTTIES. 

Section 1. The mayor and aldermen shall constitute cuy council, 
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, m 
his absence, any one of the aldermen may be appointed to 
preside. 

§ 2. No member of the city council shall be appointed Aidemennot 
to or be competent to hold any office of which the emolu- offic»s°^*^ '^^^^^ 
mentB are paid from the city treasury or paid by fees di- 
rected to be paid by any act or ordinance of the city coun- 
cil, or be directly or indirectly interested in any contract, 
the expenses or consideration 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 (12) stated meet- stated moetiugj 
ings, one in each month, during the year ; and the mayor 
or any two (2) aldermen may call special meetings, by no- 
tice to each of the members of the city council, served per- 
sonally or left at their usual places- of abode. That said 
city of Lake Forest shall not at any time issue city bonds 
for a greater amount than five (5) thousand dollars, or for 
any sum, if the indebtednes of the city amounts to five 
thousand dollars, 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 un- 
der this charter for the election of such ofEcers of the cor- 
poration 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, and 
be the judges of the election and qnalification of their own 
members, and shall have power to compel the attendance 
of absent members. 



24r CITIES — NEW PEIVILEGES. 

Control of fl- § 4. The city council shall have the control of the finan- 

nancee. ^gg ^j: ^^^ g|| ||^q property, real, personal and mixed, belong- 

ing to the corporation, and shall, likewise, have p^ower, 
within the jurisdiction of the city, by ordinance — 
May borrow J^irsL — To borrow moncy on the credit of the city, and 

mocey en credit igsuQ the bouds of the city thercfor ; 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 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 is- 
sued or negotiated at more than ten (10) per cent, below 
par value ; and, when so issued and negotiated, the interest 
on the same shall not exceed eight per cent, per annum. 
Debts and ex- Second. — To appropriate money and provide for the pay- 

penses of ths Yn.Qni ot the debts and expenses of the city ; to provide for 
the pa,yment of all proper expenses incurred by officers of 
the city in discharge of any duties imposed upon them by 
their respective offices ; and in all cases when offenders 
against the laws are apprehended, by the officers of said 
city or by other persons by said officers employed, it shall be 
the duty of the city council to provide for the payment of 
the reasonable expenses incurred in said. 'service, including 
the compensation of the persons so employed. 

Contagions die- 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. 

General health. Fourtk. — 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 penal- 
ties, lines and imprisonment ; to define and ^declare what 
shall be deemed a nuisance, and authorize and direct the 
summary abatement thereof; to prevent indecencies with- 
in the corporation, and on Lake Michigan within one mile 
of the shore thereof; and to licence and authorize the erec- 
tion of piers or wharves extending into said lake. 

Wells, hydrants Fifth. — To providc the city with water ; to make, regu- 

and cisterns, j^^g a^d establish public wells, pumps and cisteri>s, 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 the unnecessary 
waste of water. 
Power to im- Sixth. — To have thc exclusive jurisdiction, control and 

prove streets. pQ^^^j, Q^f.^. tj^g Streets, alleys and highways of the city, and 
to abate and remove any encroachments or obstructions 
thereon ; to open, alter, abolish, widen, extend, straighteu, 
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 encroachment or injury. 



eases. 



CITIES — NEW PEIVILEaXS. 25 

Seventh. — To establish, erect, construct, regulate and srect bridges. 
keep in repair bridges, culverts and sewers, sidewalks and 
crossings, 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 in the streets and avenues 
of the city, and to sewer the same or wall them up and cover 
them over. 

Eighth. — To provide for lighting the streets and erect- LightLng streets 
ing lamp posts and lamps therein, and regulate the light- 
ing thereof, and, from time to time, create, alter or extend 
lamp districts; to exclusively regulate, direct and control 
the laying and repairing the gas pipes and gas fixtures in 
the streets, alleys and sidewalks. 

Ninth. — To establish markets and public buildings of the Markets and 
city, and provide for the government and regulation thereof, ^^"^^^^ tiouses. 
and their erection and location. 

Tenth. — To provide for the inclosing, regulating and im- Public grounds, 
proving all public grounds and cemeteries belonging to the 
city ; and to direct and regulate the planting of and pre- 
serving of ornamental and shade trees, in the streets or 
public grounds, and the preservation of the same from in- 
jury on private grounds or property. 

Eleventh. — To erect and establish one or more hospitals To establish 
and dispensaries, and control and regulate the same ; to °^^ ^"^ 
purchase and procure, for the use of the city, fire engines, 
and to organize and equip a fire department, and to make 
such rules, regulations and provisions concerning the same, 
and for prevention of fires, generally, within said city, as 
said city council may deem proper; and may require of the 
inhabitants of said city, in and about their dwellings and 
on their lands, such precautions as will tend to avert loss or 
injury by fire. 

Twelfth. — To prevent the incumbering lof the streets, incumbeiing 
alleys, sidewalks or public grounds, with carriages, wagons, ^'=^^®^^- 
carts, wheelbarrows, boxes, lumber, timber, firewood, posts, 
awnings, signs, or any other substance or material what- 
ever; to compel all persons to keep the snow, ice, dirt and 
other rubbish from the sidewalks and street gutterja in front 
of the promises occupied by them. 

Thirteenth. — To license, tax and regulate merchants, , Licenses and 

. . 1 . • 1 11 1 taxes by council 

commission merchants, mn-keepers, brokers, money-bro- 
kers, insurance brokers and auctioneers, and to impose du- 
ties on the sale of goods at auction ; to license, tax, regu- 
late, suppress and prohibit hawkers, peddlers, pav/nbrokers, 
grocery keepers and keepers of ordinaries, theatrical or 
other exhibitions, shows and amusements. 
fourteenth. — To license, tax, reo-ulate and suppress hack- ^ Hackmen, 

J -u j'- i. J 11 i.1 draymen and 

men, draymen, omnibus drivers, porters and all others pur- carters, 
suing like occupations, with or without vehicles, and pre- 

Vol. II— 4 



2f! CITIES — JSIEW PRIVILEGES. 

scribe their compensation ; and to regulate and restrain 
runners for stages, cars and public houses. 
Biuidrd tables Fifteenth. — To license, tax, regulate, prohibit and sup- 
and ten pm a- ^^^^^ billiard tables, pin alleys ; to suppress and restrain dis- 
orderly houses, tippling shops and saloons, 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 au- 
thorize the destruction of all instruments and devices used 
for the purpose of gaming. 
Authorize pro- Sixteenth. — To authorize the proper officer of the city to 

per officers to . j • i- .• n j - j- 

grant licensee, grant and issue licenses lor all proper purposes, and to di- 
rect 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 notices than three (3) 
dollars nor more than five hundred (500) dollars shall be 
charged for any license under this act, and the fees for is- 
suing the same shall not exceed one dollar. 

saiaof liquors. Seve7itee7ith. — To license, restrain, regulate and prohibit 
the selling or giving away of any intoxicating or malt 
liquors, by any person, within the city ; to tbrbid and punish 
tlie selling or giving away of any intoxicating or malt 
liquors to any child, minor, apprentice, servant or Indian. 
Forestalling Eighteenth. — To prevent, restrain and punish forestalling 

and regrating. ^^(j j-ggj-atiug ; to regulate the inspecting 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. 

Butchers. Ninteeuth. — To regulate, license and prohibit butchers, 

and to revoke their licenses, for malconduct in the course 
of trade. 

comhusiibies. Twentieth. — To regulate the keeping and conveying of 
gunpowder and other combustible and dangerous materials, 
and the use of 'candles and lights in barns, stables and out- 
houses. 
Weights and Twenty -fint. — To establish standard weights and meas- 

measures, wiQ.%., 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 proper- 
ty, of any description, which is sold by measure or weight, 
to cause their measures and weights to be tested and sealed 
by the city sealer, and to bo subject to his inspection. The 
standard of such weights and measures shall be conform- 
able to those established by law of this state, 
ingpectioa of Twenty -second. — To regulate and provide for the inspect- 

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. 

Forage and fuel. Twenty-third. — To provide for the inspection and weigh- 
ing of hay, lime and stone-coal, and the place and manner 



CITIES — NEW PRIVILEGES. 27 

of selling 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. 

Tioentu-fourth. — To regulate the inspection of beef, pork, Beef, pork 
iLour, meal and other provisions, salt, whisky and other 
liquors, to be sold in barrels, hogsheads and other vessels 
or packages ; to appoint weighers, guagers and inspectors, 
and prescribe their duties, and regulate their fees : Pro- 
vided, that nothing herein contained shall be so construed 
as to require the inspection of any articles enumerated herein, 
which are to be shipped beyond the limits of the state, ex- 
cept at the request of the owner thereof or his agent. 

Twenty -fifth. — To regulate the weight and quality of Pricx^ of bread, 
bread, to be sold or used within the city. 

Twenty-sixth. — To regulate the size and quality of bricks, size of bricks, 
to be sold or used within the city, and the inspection thereof. 

Twenty-seventh. — To prevent and suppress any riot, rout, Riots, affrays, 
affray, noise, disturbance or disorderly assembly, in any ^°'^^^' *''°" 
public or private place within the city. 

Tiventy -eighth. — To create, establish and regulate the po- Regulate paice. 
lice of the city ; to appoint watchmen a.ud policemen, and 
prescribe their duties and powers. 

Twenty-ninth. — To prohibit, prevent and suppress horse- a^^f'^*^"!^.*^'-"! 
racing, immoderate riding or driving in the streets, and to »» fi^mg. 
authorize persons immoderately riding or driving, as afore- 
said, to be stopped by any persons ; 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. 

Thirtieth. — To restrain and punish vagrants, mendicants, vagninte,eie. 
street beggars and prostitutes. 

Thirty-jirst — To reorulate, restrain or prohibit the run-. Running at 

/ '^ /. 1 ° i,i • 1 i 1 large of horses 

nmg at large of horses, cattle, swme, sheep, goats and and catt]e. 
geese, and to authorize the distraining, iftipounding and 
sale of the same, for the costs of the proceedings, and the 
penalty incurred, and to impose penalties on the owners 
thereof. 

Thirty -second. — To prohibit and restrain the rolling of Roiling of 
hoops, flying of kites, and other amusements or practices ^°°^®' ^^'^' 
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, cry- 
ing of goods, and all other noises, performance and prac- 
tices tending to the collecting of persons on the streets and 
sidewalks, by auctioneers and others, for the purpose of 
business, amusement or otherwise. 

TJiirty-third. — To do all acts and make all regulations sanitary regu- 
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 cieanaiieys,etc. 
grocery, cellar, soap or tallow chandler, or blacksmith shop, 



ZO CITIES — NEW PEIVILEGE8. 

tannery, stable, privy, sevver or other unwholesome or nau- 
seous house or place, to cleanse, remove or abate the same, 
as may be necessary for the health, comfort and convenience 
of the inhabitants. 

Breweries, etc. Thirty-fifth, — To direct the location and regulate the 
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 there- 
of, distilleries, slaugiitering 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. 
Regulate the ThiHy-sixih. — To regulate the burial of the dead ; to es- 

nnaiofdea .( |-g^^]ig}j ^^^ regulate oue 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. 
Euumeraiion Thirty -Seventh. — To provide for the taking; an enumera- 

of inhabitants. ,. ,, /T • , , -^ ,. j ii, -j. 

tion ot the inhabitants ot the city. 

House of cor- Thirty -eighth. — To erect and establish a work house or 
rection. house of correction, make all necessary regulations therefor, 

and appoint all necessary keepers or assistants. In such 
work house, or house of correction, may be confined all va- 
grants, stragglers, idlers, and disorderly persons, who may 
be committed thereto by any proper officer ; and all persons 
sentenced by any criminal court or magistrate for the city 
or for the county of Lake, for any assault and battery, petit 
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 by any ordi- 
nance of the city, for any misdemeanor, breach of any or- 
dinance of the city, may, instead of being committed to the 
county jail of Lake county, be kept therein, subject to 
labor and confinement. 

Destitute chii- Thirty ninth. -^^o authorize and direct the taking up and 
^^°' 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. 

Clean private Fortieth. — To fill up, drain, cleanse, alter, relav, repair 

premises. , , ^ . ^ t^' . .' j' • • j • .^ ^ i 

and regulate private drams, sinks and privies ; direct and 
regulate their construction, and cause the expense thereof 
\q\)Q assessed and collected in the same manner as side- 
walk assessments. 
Railroad tracks Torty-first. — To havB exclusivc right and power to direct 
an crossings. ^^^ control the laying and construction of horse railways. 



CITIES — ^NEW PRIVILEGES. 29 

railroad tracks, switclies, bridges, turn-outs, in the stieets 
and alleys, and the location of depot grounds within the 
city ; to require that railrosid tracks, bridges, turn-outs 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 convenient pas- 
sage of teams and persons ; to require railroad companies 
to keep in repair the streets through which their track may 
ran, and to construct and keep in repair suitable crossings 
at the intersection of streets and alleys and ditches, sewei s 
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 part of said city ; 
to prohibit and restrain railroad companies from doing 
storage or warehouse business, or collecting pay for stor- 
age ; and no railroad or horse railroad shall run or pass 
through any part of said city, without the consent of thS" 
city council of said city. 

Forty-second.: — To provide for the erection of a pier or Erection of piers 
piers on the shore of Lake Michigan, and a break-water or 
other means of preventing the encroachments on said shore 
by the water of the lake ; and shall have the further power, 
to charter or incorporate a pier or dock company, granting 
to said company all proper franchise relating to the con- 
struction and use of a dock or docks upon said shore of said 
lake. 

Forty-third. —The city council shall have power to pass, power to pass 
pubhsh, amend and repeal all ordinances, rules and po- m^nVof the city 
lice regulations, not contrary to the constitution of the 
United States or this state, for the good government, peace 
and order of the city and the trade and commerce there- 
of, 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 imprisonment in the county jail, city prison or 
work house, or both, in the discretion of the court or magis- 
trate before whom conviction may be had; but no line or 
penalty shall exceed five hundred (500) dollars, nor the 
imprisonment six (6) months, for any offense ; and such fine 
or penalty maybe recovered, with coats, 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 person upon 
whom any tine or penalty is imposed, shall stand committed 
until the piiyment 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 such time and in such manner 
as may be provided by ordinance. 



30 



CITIES — NEW PRIVILEGES. 



ARTICLE VII. 

OF TAXATION. 



Section 1. The city council shall have power, within 
the city, by ordinance — 
Levytaxesfor First. — To Icvy and collect, annually, taxes on the as- 
fe?^"^^^ P^^"^"' sessed value of 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 pur- 
poses, to defray the general, special and contingent expenses 
of the city and all other appropriations not otherwise pro- 
vided for. 
Inhabitants re- Second. — To require, and it is hereby made the duty, of 
cn"^sfrJ°tB^^and evcry male resident of the city, over the age of twenty-one 
cii^Yimit^^'^^ (^^) y^^^Sj t^ 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, such sum as the city council shall des- 
ignate as the price or valne of such lalDor : Provided^ the 
same shall be paid within ten (10) days after notification by 
the supervisor : And^ provided, jf^urther, that ten (10) hours 
of labor shall be required to constitute a day's work, under 
this section. In default of payment, as aforesaid, the sum 
aforesaid and twenty-five (25) per cent, added thereto and 
costs, may be collected ; and no set ofl" shall be allowed in 
any suit brought to collect the same : Provided, that any 
person who shall make said city his place of abode for the 
space of sixty (60) days shall be deemed a resident of said 
city, for the purposes of this section. 
.Assessments. § 2. All personal property of the inhabitants of said 
city, within said city, made taxable by the laws of the state, 
and all other personal property therein, shall be assessed 
and taxable within said city ; and said inhabitants shall, as 
in other cases required by law, render and state unto the 
city assessor a full and accurate statement, when called 
upon, of all moneys, rights, credits, bank stock, railroad and 
other stock, in any corporate company, wherever the same 
may be, and all personal property and eftects of every name 
and nature, as aforesaid. 

ARTICLE VIII. 

PtJBLIC IMPBOA-EMEXTS AND ASSESSMENTS TIIEKEFOR. 

Streets, alleys SECTION 1. The City council shall have powcr to Open 
ana highways. ^^^ j^y ^^^^ public grouuds or Square?, parks, 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, with- 
out the consent, in writing, of the owners of three-fourths 
of the land or lots adjoining said street, alley or highway. 
They shall cause all streets, alleys and highways, or public 



CITIES — NEW PRIVILEGES. 31 

squares or parks or grounds, laid out by them, to be sur- 
veyed, described and recorded in a book to be kept by the 
clerk, showing, accurately and particularly, the proposed im- 
provements and the real estate required to be taken ; and 
the same, when opened and made, i-hall be public high- 
ways and grounds. 

4 2. Whenever any street, alley or highway, park or pub- , when unable 

o , ■' 1 , I 1 -J , 1 1. J to agree with 

he ground, is proposed to be laid out, openeci, alterecl, owners for land 
widened or straightened, by virtue hereof, and the amount ^ ™roc^eed!'^°^^ 
of compensation cannot be agreed upon, the city council 
shall give notice of their intention to appropriate and take 
the land necessary for the same, to the owner thereof, by 
publishing said notice for ten (10) days in the corporation 
newspaper, or by posting the same in the manner to be pro- 
vided by ordinance ; at the expiration of which time they 
shall choose, by ballot, three (3) disinterested freeholders, 
residing in the city, as commissioners, to ascertain and as- 
sess the damages and compensation due the owners of said 
real estate, respectively. A majority of. all the aldermen 
authorized by law to be elected shall be necessary to a 
choice of such commissioners. 

5 3. The commissioners shall be sworn faithfully and commissioners 

" .11 ii • 1 • . ,1 1 i f ji • 1 M- ™ appraise the 

impartially to execute their duties to the best oi their abiu- vaine of land, 
ties, before entering /;;^on their duties. They shall give at 
least five (5) days' noticv. to all persons interested, of the 
time and place of their meetn s,^ 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, if non-residents or unknown. 
They shall view the premises, and in their discretion re- 
ceive any legal evidence, and may, if necessary, adjourn 
from day to day. 

§ 4. If there should be any building standing, in whole Buildings takeu 
or in part, upon the land to be taken, the commissioners, 
before proceeding to make their assessments, 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 (5) days' notice shall be given to the Notice to owner, 
owner, when known and a resident of the city, which may 
be given personally, or in writing, left at his usual place of 
abode. If a non-resident, or unknown, like notice to all 
persons interested, shall be given by publication. Such 
notice shall specify the buildings and the award of the com- 
missioners and shall be signed by them. It shall also re- 
quire 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 commissioners, and allow 
such building to be taken with the land condemned or ap- 
propriated, or of their intention to receive such .building at 
the value set thereon by the commissioners to remove. If the 



32 



CITIES — NEW PEITILEGE8. 



When owner 
refuses to take 
at valnation. 



Leases and 
mortgage?. 



Notice by pub- 
lication. 



Parties aggriev- 
ed may be heaid 



Removal of 
commissioners.' 



land 
appropriation ef 



OWL er 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 
appraised value to remove, or fails to give notice of his in- 
tention as aforesaid, within the time prescribed, the city 
council shall Lave power to direct the sale of such building 
at public auction, for cash or on credit, giving live (5) days' 
public notice of the salCi 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 estate appropriated, and the injury 
arising from the condemnation thereof, which shall be 
awarded to such owner as damages. In the estimate of 
damages 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 proceeds 
of tlie 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 lands and buildings belong to different 
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. 

§ 9. The clerk shall give ten (10) days' notice, by pub- 
lication, that such assessment has been returned, and on a 
day to be specitied therein, will be confirmed by the city 
council, unless objections to the same are made by some 
persons interested. Objections shall 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 en- 
tered. If referred back to the same or other commissioners, 
they shall proceed to make their assessment and return the 
same, in like mariner, and give like notice, as herein required 
in relation to tiie first; and all persons 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 first. 

§ 10. The city council shall have power to remove com- 
missioners, 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. 

§ 11. The land required to be taken for the making, 
opening, widening, straightening or altering any street, 
alley or other highway, or public ground or square, shall 



CITIES — NEW PEIVILEGKS. 33 

not be appropriated, imtil 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, cannot 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 purposes re- 
quired in making such improvements ; and such streets, 
alleys or other highways, or public grounds may be made 
and opened. 

§ 12. When the whole of any lot or parcel of land or Landlords 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 land- 
lord 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. 

§ 13. When part only of any lot, parcel of land, or other ,,5,^°°^*^^-*^^ ^^^" 
premises, so under lease 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 payment received, 
payable and to be paid for, 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 recoverable in any respect of the same. 

g 14. Any person interested may appeal from any Appeal taken, 
order of the city council for oj)ening, altering, widening, 
or straightening any street, alley or other highway or pub- 
lic ground, to the circuit court of Lake 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 return, within 
thirty (30) days after notice thereof, and the court shall, at 
the next term after return filed in the oflice 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 trial of an appeal, all questions 
involved in said proceedings, including the amount of dam- 
ages, shall be opened 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 pleading, and judg- 
ment 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, 

• Yol. II— 5 



34 CITIES — NEW PKI^TLEGES. 

Change of pro- § 15. The citj council may, by ordinance, make any 
eeedmgs. changes they may deem advisable in the proceed inga 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 whole or in part, in all 
such other respects as experience may suggest. 
Owner a minor, g ]!g_ 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 proceedings shall be had 
under this act, the judge of the circuit court of the county 
Lake, or the county judge of said court, or any judge of 
the supreme court, may, upon the application, or such infant 
or his next friend, appoint a guardian for such infant, taking 
security from such guardian, by bond to the county court, 
for |the faithful execution of such trust; and all notices and 
summons required by this act shall be served upon such 
guardian, 
of s^eetTTe^s § "^'^* "^^^ ^'^^^ couucil shall have power, from time to 
and highways.'^^ 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 sanae. 

Second. — To cause cross and sidewalks, main drains and 
sewers, and provide drains to be constructed and laid, re- 
laid, cleansed and repaired, and regulate the same. 
PabUc grounds. § 18. To grade, improve, protect and ornament any 
parks, squares or other public ground now or hereafter laid 
out. 
Sewerage and §19. For the purpose of establishing a svstem ofsewcr- 

drainage. " i j • \i ^ -^ m i n ? • i.i • 

age and drainage the city council shall have power, m their 
discretion, but may provide for the same otherwise, to cause 
the city to be laid off into districts, to be drained by prin- 
cipal and lateral or tributary sewers and drains constructed 
through the streets of the city, having reference to a gen- 
eral plan of drainage by sewers and drains for the whole 
city, and number and record the same. 
Expenses for ^ 20. In all cases where expenses may be incurred in 
nni-rances^ ° the rcmoval 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 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 suh 
nuisance, if known, or any person whose dnty it may be 
to remove or abate the same. 
Compel owners § 21. The city couucil shall have power to compel the 
IronudsWan^"^ 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 



sions. 



CITIES— NEW PRIVILEGES. 35 

the costs thereof to be assessed and collected in the same 
manner as sidewalk assessments. 

ARTICLE IX. 

COLLECTION OF TAXES AND ASSESSilESTS. 

Section 1. The city council shall have power, by ordi- ngts'^form^^^^' 
nance, to prescribe the form of assessment lists, and pre- 
scribe the duties and define the powers of assessors. They 
may also make such rules and give such directions in re- 
lation 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 ggfj^"^,?? ^^" 
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 publication in the 
newspaper publishing the ordinances of the city ; and anj^ per- 
son feeling aggrieved by the assessment of his property, 
may appear at the time specified and make his objec- 
tions. The city council shall have power to supply omis- ,snppiy omis- 
sions in said assessment lists, and, ibr the purpose of equaliz- "'"'''' 
ing the same, to alter, to add to, take from, and otherwise cor- 
rect and revise the same, or refer the same back to the 
assessor, with instructions to revise and correct the same. 

§ 3. When the assessment lists have been corrected and ^f ^spe^dSf "^^ 
revised the same shall be filed, and an order confirming sessments. 
the same, and directing the warrant to be issued for the 
collection thereof, shall be entered by the clerk. The city 
council shall thereupon, by an 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 percentage. 

§ 4. All taxes and assessment?, levied or assessed by the on^reai estate.^" 
city council under this act or any ordinance in pursuance 
thereof, shall be a lien upon the real estate upon which 
the same may be imposed, voted or assessed, for (2) two 
years from and afcer the correclfed assessment lists shall be 
confirmed, or the passage of the order for the assessment, 
and on personal estate from and afcer the delivery of the 
warrant for the collection thereof, until paid, and no sale or 
transfer shall afl'ect the lien. Any personal property be- 
longing 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 cannot be made out of the per- 
sonal estate, in the same manner as is prescribed by the laws 
of the State : Frovided, that in case the collection of any injunction, 
assessment shall be delayed by injunction or other judicial 



36 CITIES — NEW PRIVILEGES. 

proceedings, the same shall continue a lien upon the real 
estate for the period ol two (2) years from and after the 
final disposition of such injunction or other| judicial proceed- 
ing. 
Warrants for § 5. The clerk shall issue a warrant or warrants for the 
taxls.'^"^ °^ 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 be headed with the name of the tax therein 
set down, 
wai-iant to be § 6. All warrants issued for the collection of taxes or 
Scd. ^°^ 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 issued. They shaU be delivered 
to the collector for collection within thirty (30) days after the 
filing of the corrected lists, unless further time shall be 
given for this purpose by the city council. If not other- 
wise paid the collector shall have power to collect said 
taxes, Vvith interest and costs, by suit, in the corporate 
name, or by distress and sale of personal property as afore- 
Non-payment said, after a demand and a refusal to pay the same : Pro- 
of tases. vided, a notice, published by the collector for ten (10) days, 

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 city. 
Duties of city § 7". AH taxes and assessments shall be collected by' the 
collector. collector in the same manner and with the same power and 

authority 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 liability in case 
of default or misconduct, shall be the same as prescribed 
by law in case of other collectors of taxes : Provided^ the 
city council shall have power to prescribe the powers, du- 
ties and liabilities of collectors by ordinance. 
Deiinqnen-ias § 8- In case'^of the non-payment of any taxes or assess- 
saies. ments, levied or assessed %nder this act, the^premises may 

be sold for the payment thereof at any time within two 
(2) 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 
journal 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 sale 
may be made. 



CITIES — NEW PRIVILEGES. 37 

§ 9. The collector shall then advertise^such premises, in Publication of 
the corporate newspaper, or by posting notices in three pub- delinquent ust. 
lie places within said city, for sale^ at leafct twenty (20) days 
from and after the first publication: or posting of such no- 
tice, describing the^premises by^uurnbers, iigures 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 
sale, and shall be published at each regular issue of said 
paper, (if published therein) from the first insertion thereof 
unto the day of sale. The'proceedings may be stopped at 
any time on the payment of the taxes or assessments and 
interest, with expenses^of advertising and other costs to such 
time incurred. 

§ JO. All; sales ^shall, be; conducted in the manner re- Manner of con- 
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 or^assessments there- 
on,, with.the interests and, costs of sale. ,; Duplicate certifi- 
cates 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, in a book to be kept by 
the clerk for such purposo,^and,may be in the form of an 
ordinary letter file. The said 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 by law, 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] ,'^'^}\^ °^ ^^^ 
taxes or assessments, shall exist to the owner, his heirs, 
creditors or assignees, to the same extent as is allowed by 
law, in case of sales of real estate for taxes, on the pay- 
ment, in legal tender funds, of double the amount for which 
the same was sold, and all taxes accruing subsequent to the 
sale, at the rate of ten (10) per cent, per annum. If the real infant or femme 
estate of any infant, femme covert, or lunatic, be sold un- 
der this act, the same may be redeemed at any time before 
or within one year after such disability is removed. In 
case of redemption, the money may be paid to the pur- 
chaser, 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, upon return 
of the certificate or proof of its loss, the legal holder there- 
of shall be entitled to a deed conveying to said purchaser or 
his assignee the premises so sold and unredeemed, which 



sales. 



38 CITIES — NEW PKITILEGE8. 

deed shall be under the corporate seal and signed by the 
mayor and countersigned by the city clerk. An abstract 
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. 
for tax § 12. The assignee of any tax certificate of any pre- 
mises sold for taxes or assessments under the 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 jDurchaser. 

When no bids. § ^3. If, at any sale of real or personal property, for 
Property may ^axcs or general assessments, no bid shall be made for any 

im struck off to parcel of the land or goods and chattels, the same shall be 
^^ ^^' struck off and sold to the city, in like manner as other pur- 

chasers. 

Tax deeds shall § ^^- ^^^ deeds made to the purchasers of lots sold for 

be prima facie taxes or asscssmcnts, by order of the city council, shall be 

evidence. . .-> • . ^ ^ ■'. .-, , ••' i •. • i 

prima jacie eviaence, m all controversies and suits m rela- 
tion to the rights of the purchaser, iiis heirs or assigns, 
to the premises thereby conveyed, of the following facts : 

Advertisement. Fifst — That the land or lot conveyed|was subject to tax- 
ation or assessment at the time the same was advertised for 
sale, and had been duly listed and assessed. 

Taxes not paid. Secoiicl — That the taxes or assessments had not been paid 
at any time before the sale. 

NoE-rcdmption Third — That the land conveyed had not been redeemed 
from sale at the date of the deed. 

And shall be conclusive evidence of the following facts : 

wns advertised, i'lvst — That the land or lot was advertised for sale for 
the length of time and in the manner required by law, and 
was sold at a time and in a manner authorized by law. 

Sale of land. /S<2C(9W(f— That the laud or lot was sold for the taxes or as- 

sessments, as stated in the deed. 

ueed. Third— Th-cit the grantee in the deed was the purchaser. 

And of the regularity of all other proceedings or acts, per- 
taining to the said listing, assessment [and] sale, and not 
herein specified ; and in all controversies and suits involving 
the title to land claimed and held under or by virtue of such 

Title to land. deed, the pcrsou 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 

Sales, manner subjcct to taxation or asscBsmeut at the date of the sate, that 

of conducting, that the^^^^s aid land has never been listed or assessed for 
taxation"or assessment, that the taxes or assessments had 
been paid, or that the same had been redeemed according to 
law, and that such redemption was made for the use and 
benefit of the person having the right of redemption under 
the laws of this state, 
state iiw to § 15. In all matters and proceedings relating to the 

gcwern proceed- assessment and collection of redeemed or special assess- 



trolled by city 
council. 



CITIES — NEW PEIVILEGE8. 39 

meats, not herein and hereby particaUirlj otherwise pro- 
vided for, the general law of this state, so far as applica- 
ble thereto, shall govern in all things theijeanto appertain- 
ing. 

ARTICLE X. 

PUBLIC SCHOOLS. 

Section 1. The care and superintendence of the com- schools con- 
mon or public schools, within the city of Lake Forest, '"""'"' 
together with the funds and estate, both real and personal, 
belonging to the districts embraced within the limits of said 
city, shall devolve upon the city council; and they shall superintendent. 
have power to appoint, at any meeting after their annual 
election in each year, a superintendent of public schools 
for said city, whose term of ofiice shall be for one year, and 
until his sncceesor shall be duly elected and qualitied ; and 
his duties and the amount of his salary shall be defined by 
the city council. And the said city council shall have 
power to make all laws and ordinances necessary and 
proper for the management of said schools, not inconsistent 
with the laws and constitution of this state. 

§ 2. It shall be the duty of the said superintendent to Abstract of 
furnish to the school commissioner of Lake county an ab- cwidren. 
stract of the whole number of children under the age of 
twenty-one (21) years, residing in the said city, within ten 
(10) days after the same shall be ascertained ; and the said 
school commissioner shall, annually, pay to the clerk of 
the city of Lake Forest the proportion of the school, col- 
lege and seminary fund to which the said city may ba enti- 
tled, according to the area of said city, and the number of 
children under the age aforesaid residing in said city — 
taking his receipt for the same. It shall be the duty of the 
city clerk, on the receipt of such money, to pay the same 
over to the treasurer of said city, taking his receipt for the 
same. The abstract of the number of children, as afore- 
said, shall be taken once in two (2) years, in such manner 
as the city council shall direct. 

§ 3. All common or public school houses and school Divide city into 
property within the limits of said city shall belong to the '"^^'^ '^''^''^^'■ 
city ; and the city council shall have power, and it shall be 
their duty, to divide said city into proper school districts, 
and erect substantial and comfortable school houses [in] 
each of the same. 

§ 4. The township funds, and the estate, real and per- school rund. 
sonal, belonging to townships forty-three (43) and forty- 
four, (44,) range twelve (12) east, in the county of Lake, 
shall be divided between the city of Lake Forest and the 
portions of said townships lying without the city of Lake 
Forest, as follows : The city clerk of said city shall be • 
required to give notice, in writing, to the trustees of schools 
of the said townships, respectively, either by delivering a 



40 CITIES — NEW PRIVILEGES. 

copy of said notice to each of said trustees, personally, or 
by leaving the same at the residence of each of said trus- 
tees, respectively; which notice shall be so served at least 
ten (10) days before the term of court to which application 
shall be made, and shall notify said trustees that, at the then 
next ensuing term of the circuit court of the county of 
Lake, an application will be made to the said court to 
divide the funds and estate of the said townships, respec- 
tively, between said townships, respectively, and the said 
city of Lake Forest ; and the said trustees, respectively, 
and the said city clerk, shall each be required to appear 
before the said court, and give full and true statements, so 
far as they and each of them may be able, of the number 
of persons under the age of twenty- one (21) years residing 
within said city, and the portions of said townships, re- 
spectively, without said city, and the amount of funds and 
estate now belonging to each of said townships, and the 
amount of the same heretofore transferred by either of 
sJhooftoi?*^^ ^^^^ townships to said city; and the said court, giving 
credit and allowance for all that may have been so trans- 
ferred, shall fairly and equitably divide and apportion said 
funds and estate, giving to each its feir and equitable share 
of the same ; and the trustees of each of the said town- 
ships, respectively, shall thereupon convey, transfer and 
deliver unto the said city of Lake Forest such shares or 
portions of said funds and estate as may be so awarded 
by said court ; and said court shall have power to compel 
and enforce its orders in such behalf. 

ARTICLE XI. 

MISCELLANEOUS PKOVISIOXS. 

Sale ofiiqnors, Section 1. It shall not be lawfal for any person to 
to prohibit, etc. j-pa_te or sell, or keep for sale, any spirituous or intoxicating 
liquors, anywhere within the corporate township within 
which the said city of Lake Forest is situated ; and any 
person or persons found violating this section shall be liable, 
for each offense, to a tine in any sum not exceeding one 
hundred dollars, and may be prosecuted for such offense 
before the mayor of said city, or any police or other magis- 
trate in the county of Lake— jurisdiction of such offenses, 
whenever committed in said township, being hereby given 
to the aforesaid officers, who, in addition to the said fine, 
shall have power to commit the offender to the jail of said 
county until the fine and costs of the prosecution are fully 
paid. 
Financial state- § 2. The city councii shall, at least ten (10) days before 
""^"*' the annual election in each year, cause to be published in 

the corporation newspaper, or by posting a correct and full 
statement of the receipts and expenditures from the date 



CITIES — NEW PRIVILEGES. 4i 

of the last annual report, together with the sources from 
whence the former are derived, and the mode of disburse- 
ment, and also a distinct etatemeut of the whole amount 
assessed, received and expended in the respective wards 
and divisions of the city, for making and repairing streets, 
highways and bridges for the same period, together with 
such information as may be necessary to a full understand- 
ing of the financial concerns of the city. 

§ 3. The inhabitants of the city of Lake Forest are citizens ex- 
hereby exempted from working upon any road or highway ^^H nnteile o^ 
beyond the limits of the city, and from pajing the tax in city limits. 
lieu thereof without said limits. 

§ 4. The supervisor shall demand the services of all LhIw 03 ihe 
persons Vvho are required to labor on the streets, alleys and feytf ^ '^^^ '^'' 
highways of the city, at such time and place, and in such 
manner, as the city council may direct, or the supervisor 
shall deem necessary. He shall deliver or cause to be de- 
livered, 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 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, requir- 
ing such person to appear at such time and place as may 
be designated, for the purpose of labpring upon the streets, 
alleys or highways. Upon the neglect of any person to 
appear and labor, as aforesaid, or to pay the sum designated 
by the city council as an equivalent for such labor, the col- 
lector shall collect from such person, in the same manner 
as other taxes, the sum assessed against such person, and 
twenty-five (25) per cent, added thereto, with his commis- 
sion for collecting the same added thereto ; or the same 
may be recovered by suit, with costs, as in other cases. 

§ 5. The city council shall have power to establish, B^^tfs'^ofitrle'ts 
make and declare the boundaries and names of streets, 
alleys and highways, and to change the same at pleasure. 

§ 6. All fines, forfeitures and penalties collected for ^u-eel^et^c.plid'to 
ofienses committed within said city shall be paid into the city treasurer. 
treasury of said city by the ofiicer collecting the same. 
All fines and foi-feitures collected for any conviction in the 
circuit court, for any oft^euse committed in said city, shall 
be paid over in like manner. 

§ 7. All licenses, either county or state, which are or i-sueofiicenses 
may be required to be taken out by state or city law within 
said city, shall be taken from the city clerk of said city, in 
like manner as city licenses, any state law to the contrary 
notwithstanding ; and the fee or charge therefor shall be 
paid into the city treasury. 

§ 8. The city council shall have povv^er to require that Additions to 
that all additions or subdivisions of land within the limits ^^ ^' 
of said city shall be so laid out or plattgd ;is to correspond 
Vol.II-6 



42 CITIES — NEW PRIVILEGES. 

and conform to the regular blocks, streets, alleys and high- 
ways already laid out and established within said city, and 
and shall have the further power to direct in what manner 
lots and blocks shall be numbered or designated in such 
subdivisions hereafter to be made, and to re number the 
lots and blocks in said city, and make a map thereof; and 
such m.ap, certified by the city clerk, shall be admitted to 
record in the county of Lake, and copies thereof, purport- 
ing to be published by authority of said city, shall be re- 
ceived in evidence in all courts and places, as jprinia facie 
correct. 

parrs^'""^^ ^""^ § 9. The Lake Forest cemetery, and public parks be- 
longing to said city, shall be managed under the control 
and direction of the city council ; and said council may, 
for such purpose, appoint one or more superintendents and 
agents to conduct and manage the same. 
L'laMiity of § 10. The supcrvisor, in addition to the penalties rre- 

supervisor. gr-ribed 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 this state. 
Remission of g H. l^eithcr the city council nor mayor shall reuait 
any line 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 anything 
in this act be so construed as to oust any court of jurisdic- 
tion to abate and remove nuisances within its jurisdiction, 
by indictment or otherwise, 
Eeconeidera- § 12. No vote of the city council shall be reconsidered 

tioEofvote. ^j, rescinded at a special meeting, unless the meeting be 
called, in whole or in part, for that purpose, and the alder- 
men so notified, 'and unless, at such special meeting, there 
shall be present as large a number of aldermen as was 
present when such vote was taken. 
Publication of § 13. The publication of ordinances, notices, and other 

or mances. matter in this act required, may be by publishing the same 
in the corporation newspaper, or by posting copies thereof 
in three public places in the city by the city clerk ; and 
the certificate of the city clerk, indorsed in the original, 
setting forth the fact of such publication or posting, shall 
be evidence of the same. 
Ail actions and § 14. All actious brought to recover any penalty or 

corpOTation. ° forfeiture 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. 
First process § 15. In all prosccutions for the violation of any ordi- 

a summons, nance, by-law or other regulation, the first process shall be 



CITIES — NEW TKIVILEGES. 43 

a summons, unless oath or affirmation be made for a war- 
rant, as in other cases. 

§ 16. Execution may issue immediately on rendition . Execution may 
of judgment. If the defendant has no ^oods or chattels 
or real estate within the county of Lake, 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 the 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 recovery 
of any tine, penalty or forfeiture, when collected, shall be 
paid into the city treasury. 

§ 17. 'No person shall be an incompetent judge, justice, incompetent 
witness or juror, by reason of his being an inhabitant qx- •^^'^^^ ^"^ ^"^°^' 
a freeholder in the city of Lake Forest, in any action or 
proceeding in which said city may be a party in interest. 

§ 18. All ordinances, regulations and resolutions now oui ordinances 
in force in the city of Lake Forest, 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 effect; and all said ordinances, regulations 
and resolutions, and all acts, proceedings, matters and 
things, of any and every nam.e and nature whatsoever, 
done or provided to be done throughout the limits of said 
city, as herein and hereby extended by the city council of 
the city of Lake Forest, before their successors shall have 
been elected under this act, are hereby made and declared 
to be valid. 

§ 19. The offices of the aldermen now acting as such Term of office 
in said city shall become vacant at the first annual election ^'^ aifi'=''™en. 
after the passage of this act ; and there shall be elected, at 
said election, six aldermen, two of whom shall be chosen 
from that division of the city east of the railway and north 
of Deerpath avenue, two others from that part east of the 
railway and south of Deerpath avenue, and two others for 
that part west of the railway ; and such aldermen so chosen 
shall constitute the first board of aldermen for said city ; 
and said divisions shall, respectively, comprise the first, 
second and third wards of the city, in the order above 
designated, until changed by the city council. 

§ 20. AH rights, actions, fines, penalties and forfeitures, Rights, actions, 
in suit or otherwise, which have heretofore accrued to the ^^'^- 
city at any time, shall be vested in and prosecuted by the 
corporation hereby created. 

§ 21. All property, real, personal or mixed, belonging -^^^^^^ll^^^f^^ 
to the city of Lake Forest, is hereby vested in the corpora- °^^°^^ ^*'°" 
tion created by this act ; and the officers of said corjporation 
now in office shall, respectively, continue in the same until 
superseded in conformity to the provisions hereof, but shall 



4:4: crriEs — new pkiyileges. 

style of ordi- be governed by this act, which shall take effect from and 
''^'''''- after its passage. 

Evidence aud § 22. The Style of all ordinances shall be : "^e it en- 
proofof. (^icigfj ly if^Q QHy Council of the City of LaJce Forests 

§ 23. All ordinances of the city may be proven by the 

seal of the corporation, and the certificate of the city clerk : 

and when printed and published in a book or pamphlet form, 

and purporting to be printed and published by authority 

Not toiuvaii- of the city, the same shall be received in evidence in all 

acts^. ^"■*'^^^ courts and places without further proof 

§ 24. This act shall not invalidate any legal act done by 

the city council of the city of Lake Forest, or by its officers, 

nor divest their successors, under this act, of any rights of 

property or otherwise, or liability which may have accrued 

Power to arrest to or been Created by said corporation prior to the passage 

"^oce^ ^''^°''* of this act. 

§ 25. All officers of the city created conservators of the 
peace, by this act, or authorized by any ordinance, shall 
have power to arrest, or cause to be arrested, with or with- 
out warrant or process, all persons who 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, detain such persons in custody over night or the 
Sabbath, in the watqh house or other safe place, until they 
can be brought before a magistrate ; and shall have and 
?: Digest of city exercise such other powers as conservators of the peace as 

ordinances. .t •. -i *• -i 

the city council may prescribe. 

§ 26. There shall be a digest of the ordinances of the 
city, which are of a public nature, published within five 
Act repealed. (5) ycars after the passage of this act, and a like digest 
within every period of five years thereafter. 

§ 27. The present act of incorporation of said city, ap- 
proved Feb. 21, 1861, shall be, and the same is hereby re- 
pealed. 

§ 28. This act shall be a public act, and shall take effect 
from and after its passage. 

Appkoved March 11, 1869. 



In force March 
11, 1869. 



AN ACT supplemental to an act to amend an act entitled "An act to in- 
corporate the city of Lake Forest," approved Feb. 21, 1861. 

repealed. Section 1. Be it enacted ly the Feople of the State of 
Illinois^ represented in the General Assembly, That article 
V of this act, to which this is a supplement, be and the same 
is hereby repealed. 

§ 2. This act shall be a public act, and shall take eftect 
from and alter its passage. 

Approved March 11, 1869. 



CITIES — NEW PRIVILEGES. 45 



AX ACT supplemental to an act to amend an act entitled "An act to in- in for e April 
corporate the city of Lake Forest," approved February 21, 1861. 17, 1889. 

Section 1. Be it enacted hy the Perrple of the State of 
Illinois^ represented in the General Assemlly, That there provision add- 
be and is hereby added to section nineteen (19), of article ^' *» act. 
eleven (11), of the act to which this is a supplement, the 
following: '•^ Provided^ that the term of office of one of said al- 
dermen, 60 to be elected in each of said wards, respectively, 
shall expire in one year from said election, and the same 
shall be filled at said time; and, thereafter, the term of of- 
fice of one alderman in each ward shall expire annually ; 
and in all cases when, on account of vacancy or otherwise, 
two aldermen shall be chosen at the same election for the 
same ward, the one who shall receive the highest number 
of votes shall be entitled to the full term." 

§ 2. That the words "second Monday of April," in sec- chEneeoftime, 
tion four (4) and section seven (7), of article (2), of the ^°i«°^°^«°t- 
act to which this is a supplement, shall be and are hereby 
made to read "Monday after the second Tuesday in April." 

§ 3. This act shall be in force and take efi"ect from and 
after its passage. 

Appsoved April 17, 1869. 



AN ACT to amend an act entitled "An act to charter the city of LaSalle," la force Jnne 



and the acts amendatory thereof. 



Section 1, Be it enacted by the People of the State of Additions to 
Illinois, represented in the General Assembly, That the '"^e city, 
city of LaSalle shall hereafter include within its corporate 
limits the following territory, situated in township l^Jo. thirty- 
three (33) north, range one (1) east of the third principal 
meridian, and no more, that is to say, all of section No. fif- 
teen (15), also all of the south half of section No. ten (10), 
also the southeast quarter of the southwest quarter of the 
northeast quarter of section No. ten (10); also, all of the 
south half of section No. eleven (11), and the north half of 
section No. fourteen (14), lying west of the bed of the Little 
Yernfilion river, and also all" of the south half of section 

No. fourteen (14). Part of act re- 

§ 2. Sucn portions of the acts to which this act is an peaied. 
amendment as include additional territory to that above de- 
scribed, within the limits of said city, are hereby repealed. 

Appeoved March 26, 1869. 



ConBolidation 



4G CITIES — NEW PKIVILEGES. 



In force when -^^^ ACT to consolidate the cities of LaSalle and Peru, 

adopted by 

Section 1. Be it enacted by the Peojple of the Slate of 
Illinois, represented in the General Assembly, That the 
cities of LaSalle aad Peru sliali be and they are hereby 

Peruf^''""' ^'^ consolidated, and from and after the passage of this act and 
its adoption by the people of said cities, as hereinafter pro- 
vided for, shall form one city, to be known and designa- 
ted by such name as shall be selected by the councils of 
said cities, in the manner herein set forth ; and by such 
name shall sue and be sued, and have, exercise and enjoy 
all the rights, powers and privileges now accorded by law 
or the charters of said cities or the acts amendatory thereof. 

DiTisioii of. § 2. The city hereby created shall be divided into two 

municipalities, the one to be known as the municipality of 
LaSalle, and shall comprise the same territory as that in- 
cluded in said city of LaSalle at the time of the adoption of 
this act; the other to be known as the municipality of 
Peru, which shall be composed of the territory included, at 
the same time, within the limits of said city of Peru; and 
each municipality may be divided by the city council of 
said city into such number of wards as such city council 
shall deem advisable : Provided, however, that the number 
of wards in each municipality shall not be less than four, 
nor shall the limits and boundaries of such wards, in either 
municipality, be changed without the consent of a majority 
of the aldermen residing in such municipality. 
Boundaries of § 3. The limits and boundaries of the wards in each of 

wards. {-i^Q municipalities, until otherwise ordered by said city 

council, shall be the same as that now prescribed in each of 
said cities of LaSalle and Peru, by the ordinances of said 
cities, respectively. 

aifermS" °^ ' § "^^ There shall be elected two aldermen for each of said 

wards, who shall hold their office for the term of two years and 

until their successors are elected and qualified : Provided, 

however, that under the first election for aldermen, in any 

ward, one of the aldermen to be chosen shall hold his office 

for one year only, the one holding for the short term to be 

determined in such manner as the city council shall direct. 

QuarificatioE § 5. Aldermen shall be residents of the wards from 

ermen. -^yj^jcj^ ^j^gy ^^.g choscn; and if any alderman shall remove 

Kemovai from from the Ward for which he was elected, such removal shall 

create a vacancy in his office, and a special election shall 

be held in such ward to fill the same. Such election to be 

held at such time and place as shall be ordered by the city 

council. 

QnaiificatioiiB § 6. All pcrsons residing in said city, and authorized by 

of voters. ^]^q charter of either of said cities of LaSalle or Peru to vote 
at municipal elections, shall be entitled to vote at all elections 



CITIES NEW PEIVILEGE8. 47 

to be held in eaid city, in the ward wherein he resides, and 
not elsewhere. 

§ T. The city council shall provide for holding the an- Provide joi 
nual city election in each ward of said city at such place as °' ^ ^-^^^-^^^ 
they shall designate, at which- election the electors of each 
ward shall vote for one mayor of said city, one alderman 
for the ward in which he resides, and also to fill any vacancies 
existing in the board of aldermen from such ward, and for 
such officers for said city, or for either of said municipalities, 
as shall be ordered to be elected by said city council. At 
the first election, however, in any ward of said city, two 
aldermen shall be elected, one of whom shall hold his office 
for the term of one year. 

§ 8. There shall be elected, annually, or appointed by officers elected 
the city council, one attorney, one clerk and one marshal, °i" '^pp'^^^'^^- 
for said city; and one assessor, one collector and one trea 
surer, ibr each of said municipalities, and such other officers 
or agents for said city or for either of said municipalities, 
as the city council of said city shall, from time to time, 
deem necessary : Provided^ however^ that the officers and 
agents provided for in this section shall be appointed by 
the city council of said city, until such time as such council 
shall provide, by ordinance, for their election by the electors 
of said city. 

§ 9. Either of said municipalities shall have the right Eight to take 
to subscribe to any stock in any bridge, ferry, railroad, orr^iroad."'^"'' 
horse railroad, or other incorporated company, the same as 
if such consolidation had not been made. Any debt con- 
tracted by reason thereof shall be a lien upon the separate 
property of such municipality, alone ; and any bonds that 
maybe issued on account of such subscription, by virtue of 
any law authorizing the same, instead of being issued by 
either of said cities, shall be issued by the municipality of 
Peru or LaSalle, as the case may be, but shall be signed on 
behalf of such municipality by the mayor of said city and 
attested by the clerk thereof. Such bonds shall be under 
the seal of said city, but shall constitute a lien only upon 
the property of the municipality issuing the same. 

§ 10. The taxable property of the municipality of Peru Liability of the 
shall be liable for the debts of the city of Peru, and the tax- ^'-'■''^''''' ^^'''^■ 
able property of the municipality of LaSalle for the debts 
of the city of LaSalle, whether such debts are now in exist- 
ence or shall be hereafter created ; and in no event shall 
the property of one municipality be liable for the debts of 
the other, contracted prior to the consolidation, nor for any 
separate or local debts contracted after the consolidation, or 
debts contracted for local or municipal purposes. 

§ IL The ordinances of said city of La Salle in force ordinancea to 
at the time that the consolidation of said cities shall be unm^epeaieT^ 
perfected, shall continue in force and apply to the munici- 
pality of La Salle until repealed by the city council of said 



48 CITIES —NEW PEIVILEGES. 

city ; and, in like manner, the ordinances of said city of 
Peru shall continue in force in the municipality of Peru: 
Provided^ however^ that the city council of said city shall 
have the power of extending the operation of such ordi- 
nances over both municipalities, so far as the same are 
applicable, without republishing the same. 

Expensesof the §. 12. It shall be the duty of the aldermen representing 

mimicipanties. Q^ioh. municipality, or a majority of them, to designate what 
sum shall be raised in their respective municipalities, (not 
exceeding the amount provided for in the respective char- 
ters of said cities, and the acts amendatory thereof), for 
municipal purposes of each municipality, and for local 
improvements; and the amount of money thus designated 
shall be levied and collected, as a separate tax upon the tax- 
able property in each of said municipalities, respectively, 
and shall be expended in 'C':i<d manner to be directed by tlie 
aldermen of each municipality, respectively, or, a majority 
of them. 

Aideimeu. § 13. The aldermen of each municipality shall form a 

board, to be known as the Board of Aldermen of the 
Municipality of La Salle or Peru, as the case may be, a 
majority of whom shall constitute a quorum for the trans- 
action of business. The meetings of such boards shall be 
presided over by the mayor of said city, who shall have no 
vote, except a casting vote, and shall hold their meetings 
at such time and place as they may respectively designate. 
Record of pro- The clcrk of Said city shall keep a record of the meetings 

ceedmgs. ^^ ^^^^ boards, in separate books provided for that pur- 

pose; and such records shall have the same force and effect 
and shall be certified to by said clerk, in the same manner, 
and shall be evidence, when so certined, to the same extent 
as the records of said city ; and it is hereby made the duty 
of each of said boards to hold at least one meeting in each 
and every year and as much oftoner as they shall deem 
necessary. 
Duties of the R 14. Xt shall bc the duty of each of said boards, pro- 

Doards of alder- . ?!/••. i t l- ^ • ' l ii_ 

men. vided lor m the preceding section, to examiine into tho 

affairs of their respective municipahties; to guard over and 
look after their respective local interests; to assess and 
levy such taxes, for local purposes, in each municipality, 
as they shall respectively deem necessary, not exceeding 
the amount now allowed by the respective charters of said 
cities and the several acts amendatory thereof; to designate 
what local improvements shall be made, of special interest to 
their respective municipalities ; to have and exercise exclu- 
sive control of the money raised in each municipality for 
local municipal purposes ; and, in a general manner, to do 
such acts, not inconsistent with tho provisions of this act, 
for the benelit of their respective municipalities, that the 
respective councils of said cities of La Salle or Peru might 
or could do if said cities had not been consolidated. 



CITIES — NEW PEIVILEGE8. 4:9 

§ 15. In case of the absence of the mayor from any Absence of the 
meeting of the board of aldermen of either of said munici- ®°^*y°'' 
palities, such board shall elect one of their number mayor 
pro tern. The member thus elected to preside shall not, 
however, by reason thereof, lose his right to vote upon all 
questions arising before such boards. 

§ 10. The taxes that may be levied by either of said i-evy taxes, 
boards, for local purposes, as above provided for, shall be 
extended in a separate column against the taxable property 
of the respective municipalities, and shall constitute no 
lien upon property situated in the other municipality. 

§ 17. The local officers of each municipality, provided Election of the 

,. "^ 1 M • . i.1 ^ 1 -J J X- 1, •! V local officers. 

tor by this act or that may be provided tor by said city 
council, shall be selected by the legal voters of each munici- 
pality, respectively, or by the board of aldermen of such 
municipality, as shall be deemed most advisable by the city 
council of said city. 

§ 18. There shall be one mayor for the city hereby Mayor, 
created, whose duties shall be such as are now prescribed 
by the charters of said cities of La Salle and Peru, and by 
the several acts amendatory thereof, besides such additional 
duties as may be prescribed by the city council of such 
city ; and in case of any conflict in the charters of said 
cities of La Salle and Peru, such council shall determine 
which provisions shall prevail. The mayor shall be the 
general executive officer of said city ; shall preside at all 
meetings of the city council, but shall not be entitled to a 
vote, except in case of a tie ; and he shall be entitled to 
such compensation as may be awarded him by the council 
of said city. He shall hold his office for one year and until 
his successor is elected and qualified. 

§ 19. In case of the absence of the mayor, or of his flj^of^^^'or"^' 
death, resignation or removal, the city council shall elect a 
mayor j9?'C tem.^ from one of their number; but the mem- 
ber thus elected shall not thereby lose his right to vote on 
all questions arising before such council. The mayor jf>rc> 
Um.^ thus elected, shall hold his office until the return of 
the mayor, if absent, or until the next annual city election, 
in case of the death, resignation or removal of the mayor; 
and such mayor pro tern, shall be invested with the same 
power and entitled to the same compensation as if he had 
been regularly elected mayor by the electors of said city. 

§ 20. The style of the ordinances of said city shall be : ^^s^yje of ordi- 



" Be it enacted by the City Council of the City of 
(inserting in the blank the name of said city, to be selected 
and adopted as hereinbefore provided for.) 

§ 21. The first council of said city shall consist of the ^Mayor and city 
mayor and sixteen aldermen — eight aldermen to be selected 
from each of said municipalities, of whom it shall require 
two-thirds to constitute a quorum for the transaction of 
business. A lesser number, however, may meet and ad- 
Yol. II— 7 



60 CITIES — NEW PEIyILEG^E8. 

journ from time to time, and may compel the attendance 
of absent members, in sncli manner as shall seem to them 
most advisable ; may cause such absent members to be ar- 
rested and brought to the meetings of the council, and inflict 
such fines and penalties for non-attendance of members as 
they shall see proper, to be recovered by proceedings be- 
fore either of the police magistrates of said city, and may 
provide that a conviction of any alderman for a willfnl vio- 
lation of any rale, regulation or by-law of said city, concern- 
ing the attendance of members of the city council at the 
meetings thereof, shall work a forfeiture of and create a 
vacancy in his office, to be filled by special election. 

Timeandpiaoe § 22. The city couucil shall hold regular monthly meet- 

of meeting. iu^B, at such time and place as they shall designate; and, 
until otherwise ordered by the council, such monthly meet- 
ings shall be held on the first Tuesday of each and every 
month. The council may, also, hold such adjourned and 
special meetings as they shall see proper. 

Corporate sea!. § 23. The city council of the city hereby created shall 
have power to adopt a corporate seal, and to change* or 
alter the same at pleasure. 

Taxation. § 24. The city council of said city shall have pow- 

er to levy a tax, for general municipal purposes, upon 
the assessed value of the real and personal property of said 
city, not exceeding one-fourth of one per cent., per annum, 
and such assessment for special benefits, arising from any 
proposed or completed improvement, as they shall from 
time to time contemplate making or shall cause to be made. 
Such city council shall also have power to pass such ordi- 
nances, make such rules, regulations and by-laws as are 
now conferred by law or by the charters of said cities, or 
either of them, or the several acts amendatory thereof, upon 
/ either of the councils of said city of La Salle or Peru — it 

being the intention hereby to confer upon said council the 
same rights and powers and to impose upon it the same 
duties as are now conferred or imposed upon the council 
of either said city of La Salle or Peru, except in such par- 
ticulars as are otherwise provided for in this act. 
Pwecords to be § 25. The city council of the said city hereby created 

spectiou of°eii?- ^hall cause a record of its proceedings to be kept, which 

tors. shall be open at all reasonable times for the inspection of 

the electors of said city; and a certificate of the clerk of said 
city or of the city council, under the seal of the city, 
shall be received as prima facie proof of the contents of 
such record, in all courts and places. 
Evidence of § 26. All Ordinances of said city or of either of said 

nSS^°^°'^'' cities of La Salle and Peru, which are or may be published 
in book or pamphlet form, shall be received in evidence in 
all courts and places as the ordinances of said city, without 
further proof. All other ordinances of said city shall be 
proved by a certificate of the clerk, under the corporate 



OrmS — NEW PEIVILEGE8. 6l 

seal of said city. It shall be sufficient proof of such ordi- 
nances and of the publication thereof if the certificate shall 
state that the ordinances therein described are or were in 
force at the time mentioned therein. 

§ 2Y. The annual city election of said city shall be held Eiection.where 
in the various wards of said city on the first Tuesday of '^^'^^^^^ ^*'^- 
November, of each and every year ; and the ofiicers elected 
shall quahfy and enter upon the discharge of their respect- 
ive duties as soon as practicable thereafter. 

§ 28. All the officers and the aldermen of said city shall aiSSs.^""^^ 
take such oaths of office, and all such officers, except the 
aldermen and mayor, shall give such official bonds, for 
the faithful discharge of their respective duties, as the city 
council shall, from time to time, require, and a failure bo to 
do within a reasonable time, to be fixed by the said coun- 
cil, shall create a vacancy. 

§ 29. The question of consolidation of said cities of La- Act submitted 
Salle and Peru, under this act, shall be submitted to a vote of *° ^^^^^ ^°*®"' 
the people of each of said cities, at such time, in each city, as 
the respective city councils shall determine ; which vote 
shall be by ballot, on which shall be written or printed or 
partly written and partly printed, the words, "For Consoli- 
dation " or " Against Consolidation." And if a majority 
of the ballots cast in each of said cities shaU contain the 
words " For Consolidation," then this act shall take efiect 
and be in force ; and said cities shall thereupon become 
consolidated under this act ; and it shall thereupon become 
the duty of the councils of each of said cities to call an 
election for the officers provided for by this act, on the 
first Tuesday of the next ensuing November after such 
adoption. If a majority of the votes cast in either of said 
cities shall contain the words "Against Consolidation," 
then this act shall not be in force until the same shall have 
been again, in like manner, submitted to a vote of the peo- 
ple of said cities, and been by them adopted, as above con- 
templated. 

§ 30. It shall be the duty of said city councils of said Maybe again 
cities of La Salle and Peru to submit this act to a vote of ^""^^ "® * 
the people of their respective cities, from time to time, if 
they shall deem advisable, notwithstanding it has been al- 
ready voted upon and rejected by such people ; and when- 
ever the legal voters of either of said cities, to a number- 
equal to a majority of the votes cast at the last annual city 
election in such city, shall petition either of said city coun- 
cils so to do, it shall become their imperative duty to sub- 
mit this act to a vote of the people of such city for adoption 
or rejection. Such submission to be at as early a day as 
practicable. 

§ 31. "Whenever this act shall be adopted by a majority t^^|^t.^£'?5fJi 
vote of the people of both of said cities, it shall be the duty co^ention 
of the city councils of said cities of LaSalle and Pern to 



52 orriEs — new pkivileqes. 

meet, in joint convention, at such time and place as shall 
be appointed by the judge of the recorder's court of the city 
of Peru. A majority of the members of such council, so 
assembling, shall have power to fix upon a corporate name 
for the city hereby created, and shall cause the name then 
selected to be certified, under the hands of the clerks of said 
cities, or one of them — such certificate to be attested by the 
corporate seal of one or both of said cities ; and by the 
name thus selected the city hereby created shall forever 
thereafter be known and called. 

Eife^Iul have^a ^ ^^' "^^^ mayor of either of said cities, who may be 

castiag vote^^ * present, shall preside at such joint convention, but shall 
have none other than a casting vote. If the mayors of 
both of said cities shall be present, the presiding officer 
shall be selected from the two, by lot. If neither are pres- 
ent, the joint convention shall choose its own presiding 
ofiicer from among its members ; but such choice shall not 
prevent the member chosen from voting. It shall be the 
duty of the clerks of each of said cities to attend such joint 
convention, and keep a record of its meeting ; which shall 
be entered on the respective journals of the city councils. 
If such clerks shall fail to attend, the convention shall ap- 
point clerks for that purpose. A record of each meeting 
shall also be entered upon the journals of the city council 
of the city hereby created, and form a part of the records 
of such city. 
Duties of the § 33. The city councils of said cities shall, respectively, 

city councils, discharge their duties the same as if this act had not been 
adopted, notwithstanding such adoption, until the city coun- 
cil of the city hereby created shall be elected, at an annual 
election, to be held as above provided for, on the first Tues- 
day of the N^ovember next succeeding the adoption of this 
act, at which time their duties shall cease and their respect- 
ive offices become vacant. 
Jurisdiction of § 34. After the adoption of this act, the jurisdiction of 

court extended. ^]^q recorder's court of the city of Peru shall be extended 
over the whole of the limits included, at the time of such 
adoption, within the limits of both of said cities of LaSalle 
and Peru ; and thereafter the name of such court shall be 
changed to that of " The Kecorder's Court of the City of 
" (inserting in the blank the name that may be as- 
sumed for the city hereby created, as contemplated in section 
Compensation number 31 of this act) ; and thereafter the judge of said court 

of judge. gj^g^i ^^ allowed the same compensation (to be paid in the 

same manner), in addition to that allowed him as judge 
of said court, as was allowed him by the act creating 
said court as judge of the recorder's court of the city of 
LaSalle. 
Afpboved March 29, 1869. 



CITIES NEW PRIVILEGES. S3 



AN ACT to amend the city charter of the city of Lincolu, and the several in force March 
acta amendatory thereof. 30, 1869. 

Section 1. Be it enacted by the People of th State of 
Illinois^ represented in the General Assembly^ That the sidewalk?, 
city councii of the city of Lincoln, in Logan county, shall 
have, possess and enjoy all the rights, powers and privi- 
leges, providing for the construction of sidewalks in said 
city of Lincoln, that are now possessed and enjoyed by the 
common council of the city of Chicago, and shall, also, 
have the power to appoint a sealer of weights and meas- 
ures, and to define his rights, powers and duties. 

§ 2. This act shall be a public act, and be in force from 
and after its passage. 

Approved March 30, 1869. 



AN ACT to amend an act entitled "An act to amend the charter of the In force March 
city of Lincoln." 29, 1869. 



Section 1. Be it enacted hy the People of the^tate of 

changed. 



Illinois^ represented in the General Assembly, That the Bonndaries 



boundary line of the city of Lincoln shall be so changed as 
to exclude from the corporate limits of said city of Lincoln 
the following described piece or parcel of land, to-wit : 
The east half of the northeast quarter of section twenty-six 
(26), in township twenty (20) north, range three (3) west of 
the third (3) principal meridian, in Logan county, Illinois. 

§ 2. Kothing in this act shall be so construed as to re- Not to affect 
lease said land from the payment of any city tax that may i^i^paid taxes. 
be now assessed against it and unpaid. 

§ 3. This act shall be in force from and after its pas- 

Approved March 29, 1869. 



AN ACT to reduce the charter of the city of Litchfield and the several acts In force Feb. 27, 
amendatory thereof into one, and to revise the same. 

ARTICLE I. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all the Botmdarieg. 
district of country in the county of Montgomery and state 
of Illinois, consisting of the tracts of land known as the 
east half of section thirty-two (32), all of section thirty-three 



54 CITIES — NEW PEITILEGEB. 

(38), and the southwest quarter and the southeast quarter of 
the northwest quarter of section thirty -four (34), all in town- 
ship nine (9) north, of range five (5) west of the third prin- 
cipal meridian, and the north half and the north quarter of 
the south half of section four (4), and the northeast quarter 
and the north half of the northeast quarter of the southeast 
quarter of section five (5), in township eight (8) north, of 
range five (5) west of the third principal meridian, shall 
comprehend and embrace the city of Litchfield. 
Corporate pow- § 2. The inhabitants of said city shall be a corporation, 
"''• by the name of the " City of Litchfield," and, by that 

name, shall have perpetual succession, sue and be sued and 
complain and defend, in any court ; and may make and 
use a common seal, and alter and change the same at pleas- 
ure ; 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. 
DivisioBofcitj § 3. The city of Litchfield shall be divided into three 
into wards. "wards, the boundaries of which shall be as follows: The 
territory south of the railroad shall be the first ward ; the 
territory north of said railroad and east of the central line 
of State street shall be the second ward ; the territory north 
of said railroad and west of the central line of State street 
shall be the third ward. The boundaries of the said wards 
may be, by the city council, changed from time to time. 
The city council may, as occasion may require, create ad- 
ditional wards, within said limits, and define boundaries 
thereof. 

ARTICLE II. 

OFFICERS — THEIR ELECTION.' AND APPOINTMENT. 

Mavor and SECTioisr 1. The municipal government of the city shall 
men!^ **' ^^^^^' consist of a city council, to be composed of the m.ayor and 
two aldermen from each ward. The other officers of the 
ciiy officors. corporation shall be as follows : A city magistrate, a city 
marshal and collector, a city clerk, a city treasurer, a city 
attorney, a city assessor, a city surveyor and a city street 
commissioner, who, in addition to the duties prescribed by 
this act, shall perform such other duties as may be pre- 
scribed by ordinance. There shall also be such other offi- 
cers, servants and agents of the corporation as may be pro- 
vided by ordinance. All officers to be appointed by the 
city council, unless otherwise provided by ordinance, shall 
perform such duties as may be prescribed by ordinance : 
Provided^ that the city council may consolidate two or 
more offices in one person, as they may deem best for the 
city. 
Term of office. § 2. All officers to be elected or appointed under this 
act, except such as are otherwise provided for hereby, shall 



CITIES — NEW PEIVILEOES. 55 

hold their office one year, and until the election or appoint- 
ment and qualification of their successors, respectively. 
All the officers mentioned in this act, and not otherwise 
especially provided for, shall be appointed by the city coun- 
cil, by ballot, at their first regular meeting al'tcr the regular 
annual election, or as soon Fhereafter as may be ; but the 
city council may authorize the appointment of watchmen and 
policemen, to continue in office during the pleasure of the 
city council : Provided^ the city council may remove them Removal from 
from office for good cause. All officers elected to fill va- ° 
cancies, except when especially provided, shall hold for the 
unexpired term only ; and when appointed to fill vacancies, 
until the next general election, and until the election or 
appointment and qualification of their successors. 

§ 3. The chief executive officer of the city shall be a Election of 
mayor, who shall be elected by the qualified voters of the '^'^y°''- 
city, and hold his office for one year, and until his successor 
shall be elected and qualified. He shall be a hona fide 
freeholder in and resident of the city. 

§ 4. The sevei-al wards of the city shall be represented Representation 
in the city council by two aldermen from each ward, who ° 
shall be hona fide freeholders and residents thereof. The Aldermen, 
aldermen shall hold their office for two years from, and after 
their election, and until the election and qualification of 
their successors. They shall be divided into two classes, 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 end of the 
second year, so that one alderman 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 de- 
clared elected for two years, and the candidate having the 
next highest for one year ; and in case of two successful Tie vote, bow 
candidates having equal number of votes, the term of ser- ® ®™ ® ■ 
vice to which they shall be respectively entitled shall be de- 
termined by the casting of lots in the presence of the city 
council, and the result shall be entered upon their proceed- 
ings. If any alderman shall remove from the ward repre- 
sented by him, or shall engage or continue in any service, 
business or employment causing a continuous absence from 
the city council for more than two months, his office shall 
thereby become vacant, and may be so declared by the city 
council. 

§ 5. If from any cause their shall fail to be a quorum of Quomm 
aldermen, the city clerk shall appoint the time and place of 
holding a special election to fill such vacancies, and shall 
appoint judges of such election if necessary. Any alder- Removal from 
man or other 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 



how filled. 



56 CITIES — NEW PEIVILEGES. 

or officer shall be removed except for good cause, nor unless 
first furnished with the charges against him and heard in 
his defense. The city council shall have power to compel 
the attendance of witnesses and the production of papers 
when necessary for the purpose of such trial, and shall pro- 
ceed within ten days to hear and determine the merits of 
the case ; and if such officer shall neglect to appear and an- 
swer to such charges, then the city council may declare the 
office vacant : Provided, the mayor may suspend such 
alderman or officer until the disposition of the charges. 
^Vacancies, | 6. Whenever any vacancy shall occur in the office of 
mayor, alderman or city magistrate, such vacancy shall be 
filled by a new election within ten days after the happen- 
ing of such vacancy. Any vacancy occurring in any other 
office may be tilled by appointment of the city council ; but 
no special election shall be held to fill any vacancy in the 
office of mayor or alderman or city magistrate : Provided, 
such vacancy occurs within three months of the next an- 
nual election. In such case the vacancy shall be filled at 
the next annual election. 
Qualifications § 7. All citizens of the United States, qualified to vote 

for office. ^^ ^^^ election held under this act, shall be qualified to hold 
any office created by this act, except the mayor and alder- 
men, who shall be bona fide owners of real estate ; but no 
person shall be eligible under this or any other act in rela- 
tion 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 de- 
faulter who has refused or neglected, or who 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 office or place shall thereupon become vacant. 
Tie vote, bow § ^- When two or more candidates for any elective 

decided. ' office shall have an equal number uf 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. 

Election, time SECTION 1. A general election shall be held in each 
and place of. ^^^.^j ^f ^j^g ^^^y q^ ^.j^q ^g^.gj. Tuesday in April next, and on 
each and every first Tuesday in April thereafter, at which 
the following officers shall be chosen : A mayor, one 
alderman from each ward— the alderman to be voted for 
only by the residents of the ward which he is called upon 
to represent. A city marshal and collector, a city treasurer, 
a city assessor, a city surveyor and a street commissioner ; 



CITIES — KEW PRIVILEGES. 57 

and on the first Tuesday in every fourth year, commencing 
on the first Tuesday in April, 1871, there shall be an elec- 
tion for city magistrate for said city, and the city clerk 
shall publish in the newspaper publishing the ordinances of 
the city, an election notice, at least two weeks before the 
annual election, which shall state the time and place of and 
the ofhcers to be elected at such election, and the like no- 
tice shall be given at all special elections. 

§ 2. The manner of conducting and voting at the elec- .Manner of to- 
tions held under this act, and contesting the same, the keep- dn^mg^ decl 
ing of the poll list, canvassing the votes, and contesting the ''°°^- 
returns, shall be the same, or as nearly the same as may 
be, as is now or hereafter may be provided by law at gene- 
ral state elections : Provided, the city council shall have 
power to regulate elections and appointments of judges 
thereof. The voting shall be by ballot, and the judges of . Duties of 
election shall take the same oath and shall have the same uo^.°^ °^ ^^^'^' 
powers 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 re- 
turned, sealed, to the city clerk, within two days after the 
election ; and thereupon the city council shall meet and can- 
vass the same, and declare the result of the election. The 
persons having the highest number of votes for any ofiice 
shall be declared duly^elected. It shall be the duty of the Notice tooffl- 
city clerk to notify all persons elected or appointed to any '^"-^ ^^®^*^®^- 
olnce of their election or appointment; and unless such 
persons shall qualify within ten days thereafter, the office 
shall become vacant, and shall be so declared by the city 
council. 

§ 3. No person shall be entitled to vote at any election QuaMcations 
under this act who is not entitled to vote at state elections, "^^o^®''^- 
and who has not been a resident of the city at least three 
months next preceding said election. He shall have been, 
moreover, an actual resident of the ward in which he pro- 
poses 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 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), 
have been a resident of this city three months, and a resi- 
dent of this state one year, immediately preceding this 
election, am now and, for the last thirty days, have been 
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. 



Vol. II— 8 



68 CITIES — NEW PKn^LEGES. 

ARTICLE IV. 

POWERS AND DUTIES OF OFFICERS. 

Oath of office. SECTION 1. Everj person chosen or appointed to an 

executive, judicial or administrative office under this act 

shall, before he enters upon the duties of his office, take 

the oath prescribed in the constitution of this state. 

Presiding offl- § 2. The major shall preside over the meetings of tlie 

eer of council, ^j^y couucil, and 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 this 
city discharge their respective duties, and he shall cause neg- 
ligence 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. 
Inhabitant? to § 3. He is hereby authorized to call on any and all 

an ordfuances?^ white male inhabitant of the city and county, over the age 
. of eighteen years, to aid in enforcing the laws of the stale 
and the ordinances of this 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 the city a fine of not 
less than five dollars. 

Requirements of § 4. He shall have power, whenever he may deem it 

officers. necessary, to require of any of the officers of the city an 

exhibit of all his books and papers. He shall have power 

to execute all acts that may be required of him by this act 

or any ordinance made in pursuance thereof. 

Ordinances to § 5. All Ordinances and resolutions shall, before thev 

the mayor."^ ^^ fake cffcct, bc placcd 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 which the same was 
passed shall be reconsidered ; and if, after such reconsidera- 
tion, two-thirds of all the members of the city council shall 
agree, (by the ayes and noes, which shall be entered upon 
the journal,) to pass the same, it shall go into effect; and 
if tlie mayor shall neglect to approve or object to any such 
proceedings for a longer period than three days after the 
same shall have been placed in the clerk's office, as afore- 
said, and by him submitted to the mayor, the same shall 
go into effect. 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, acknowledgments of deeds, mort- 
gages, and all other instruments of writing, and certify the 
same, under the seal of the city, which shall be good and 
valid in law. 



CITIES— NEW PKIVILEGES. 59 

§ 6. In case of vacancy in the ofSce of mayor, or of vacancy mof- 
liis being unable to perform the duties of his office, by '"^^ major, 
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 "Acting Mayor ; " and the alderman so appointed 
shall be vested with all the power and perform all the duties 
of the mayor, until the mayor shall assume his office, or the 
vacancy shall be filled by a new election : Provided, that 
such alderman shall not be deprived of his vote as alderman 
while so acting. 

§7. The members of the city council shall be, 6a? (?j^a'(9, conservator of 
fire wardens and conservators of the peace within the city, *^° p®^*^®' 
and shall be exempt from jury duty during their term of 
office. 

§ 8. The clerk shall hold his office for one year. He cierk's duties, 
shall keep the corporate seal, and all papers and books be- 
longing 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 evidence in all courts, in like manner 
as if the originals were produced. He shall likewise draw 
all warrants on the treasury, and countersign the same, and 
keep an accurate account thereof in a book provided for 
that purpose ; and he shall have power to administer any 
oath required to be taken hy this act. 

§ 9. He shall receive such compensation for his servi- compensation. 
ces as shall be fixed by ordinance. 

§ 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. He shall receive such compensation for 
his services as may be provided by ordinance. 

§ 11. The city marshal shall hold his office for one year, Marsha:, 
and shall perform such duties as 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 power and authority of a constable at common 
law under the statutes of the state, and shall receive like 
fees, but shall not serve civil process without first entering 
into a bond as such constable, to be approved by the county 
court, as in other cases, and shall qualify as other con- 
stables. He shall execute and return all process issued by 
any proper officer, under this act, or any ordinance in pur- 
suance thereof. He shall also, as city collector, collect all 
taxes and assessments which may be levied by the city 
council, and all moneys belonging to the city, and keep an 
accurate account of the same, in such manner as the city 



surveyor. 



60 CITIES — NEW PRIVILEGES. 

council may direct ; and shall receive such percentage on 
collections as the city council may, by ordmance, provide. 
Treasurer. § 13, The city treasurer shall receive all moneys belong- 

ing to the city, and keep an accurate account of all re- 
ceipts and disbursements, in such manner as the city coun- 
cil may direct. All moneys shall be drawn from the treas- 
ury, in pursuance of an order by the city council, by a 
treasury warrant, signed by the mayor and countersigned by 
the city clerk. The treasurer shall exhibit to the city coun- 
cil, at least twenty days before the annual election of each 
year, and oftener if required, a full and detailed account of 
receipts and expenditures since the date of the last annual 
report. 

urveTor^ °^ ^^^ ^ ^^' "^^^ ^^^^ survcyor shall have the sole power, un- 
der 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 
prescribe. He shall possess the same power, 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, 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 surveying 
and engineering ordered by the city council ; shall, under 
their direction, establish the' grade and boundaries of streets 
and alleys ; but such plans, estimates, contracts, grades and 
boundaries shall first be reported to the city council, and 
approved by them, or they shall not be valid. 

§ 14. The city assessor shall perform all duties in relation 
to the assessing of property, for the purpose of levying the 
taxes imposed by the city council. In the performance of 
his duties, he shall have the same powers that 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. 

street commis- § 15. The Street commissioner shall superintend all 
local improvements in the city, and carry into effect all 
orders of the city council in relation thereto. It shall 
be his duty to superintend and supervise the opening of 
streets and alleys, and the grading, opening and improv- 
ing thereof, and the construction and repairing of bridges, 
culverts and sewers ; to order the laying, relaying and re- 
pairing of sidewalks ; to give notice to the owners of 
property adjoining such sidewalks, when required, and up- 
on the failure of any person to comply with such notice, to 
cause the same to be laid, relaid or repaired, and apportion 



sioner, duty of. 



CITIES — NEW PRIVILEGES. 61 

the cost thereof among the persons or lots properly charge- 
able therewith, and to deliver the acconnt thereof to the city 
clerk, to be laid before the city council ; to make plans and Plans and esti- 
estimates of any work ordered in relation to streets and"*^*^^' 
alleys, culverts or sewers ; to keep full and accurate ac- 
counts, in appropriate books, of all appropriations made 
for the 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. 

§ 16. The city council shall have power, from time to Furttier duties 
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 specified, and to fix 
their compensation. They may also require of all officers, 
severally, before they enter upon their respective offices, 
to execute a bond to the city of Litchfield, in such sums 
and with such securities as they may approve, conditioned 
that they shall faithfully execute the duties of their re- 
spective 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 for the benefit of any 
person aggrieved by the official act of the officer. 

§ 17. If any person, having been an officer of said city, surrender of 
shall not, within ten days [after] notification and request, ?o°sn«:es'sorf '^^ 
deliver to his successor in office all property, books, papers 
and efiects, of every description, in his possession, belong- 
ing to said city, or appertaining to his said office, he shall 
forfeit and pay, for the use of the city, a sum not exceed- 
ing fifty dollars, besides all damages and costs 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. 

ARTICLE V. 

OF THE LEGISLATIVE ^POWERS OF THE CITY COUNCIL ITS GENERAL POWEES AND 

DUTIES. 

SECTioiq- 1. The mayor and aldermen shall constitute city council, 
the city council. They shall meet and organize the first 
Thursday after their election, and shall meet at such times 
and places, thereafter, as they may determine. The mayor,' 
when present, shall preside at all meetings of the city coun- 
cil, and shall have only a casting vote. In his absence, any 
one of the aldermen may be appointed to preside. A ma- 
jority of the persons elected aldermen shall constitute a 
quorum. 

§ 2. The city council shall hold twelve stated meetings, stated meetings 
one in each month, during the year ; and the mayor or any 



nances. 



62 CITIES— NEW PRIVILEGES. 

two aldermen may call special meetings of the council, by no- 
tice served personally on the aldermen or left at their usual 
places of abode. Petitions and remonstrances may be pre- 
sented to the city council, and they shall determine the rule 
of their own proceedings, and be the judges of the election 
and qualification of their own members, and shall have 
power to compel the attendance of absent members. 
Control of fl- § 3. The city council shall have control of the finances 
and of the property, real, personal and mixed, belonging to 
the corj)oration, and shall, likewise, have power, within 
the jurisdiction of the city, by ordinance — 
May bon-ow Fust. — To borrow money on the credit of the city, and 

ofdty °° "^^^* issue bonds of the city therefor ; but no bond shall be issued 
beariug a greater rate of interest than ten per centum per 
annum. It shall be the duty of the city council to provide, 
either by taxation or the issue of bonds, for the payment 
of all claims against the city as rapidly as such claims fall 
due. All orders on the treasury shall be made payable 

Appropriations, ou demand. No appropiiations shall be made for any pub- 
lic buildings, or other improvement, out of the general fund 
of, the city, except in such cases as when the city council 
shall not have authority to provide for the same by special 
taxation levied on the property benefited thereby, or when 
the city council shall, by resolution, declare that it will be 
unjust and inequitable that the property in the vicinity 
shall bear the expenses of the improvement, and that such 
improvement is required by the general interests of the 

impvovements. City ; and no appropriation shall be made for any public 
improvement until the expenses of such improvement shall 
be estimated by the proper officer, and unless it shall be 
found, by such estimates and a statement of the estimated 
cost of other public works in progress, and other probable 
expenses of tiie city, that all such works can be completed 
in due time by the ordinary surplus revenue of the city 
and the issue of such bonds as the council is, by law, author- 
ized to issue. 
Debts and ex- Secoud. — To appropriate money and provide for the pay- 

penses of the ■^^■^-^ qj- i^^ debts and cxpenscs of the city. 
General pow- Third. — To make regulations to secure the general health 

ers of council. ^^^ comfort of the inhabitants ; to prevent, abate and re- 
move nuisances, [and] punish the authors thereof by penal- 
ties, fines and imprisonment ; to define and [^declare what 
shall be deemed nuisances, and authorize and direct the 
summary abatement thereof. 

Contagious dis- FouHh. — To make regulations to prevent the introduc- 

eases. {-ion of contagious diseases into the city ; to make quaran- 

tine laws for that purpose, and to enforce them within the 
city and within five miles thereof. 

Wells, hydrants Fifth.— jTo provide the city with water ; to make, regn- 

and cisterns. \q^q r^-^^ establish public wclls, pumps and cisterns, by drains, 
hydrants and reservoirs, in the streets, within the city or be- 



CITIES ^NEW PRIVILEGES. 6 3 

yond the limits thereof, for the extinguishment of fires and 
the convenience of the inhabitants, and to prevent the need- 
less waste of water. 

Sixth. — To have the exclusive control over the streets, power to im- 
alleys and highways of the city, and to abate or remove p™^'® 8'''^®^'^- 
any encroachments and 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 to prevent the incumbering thereof 
in any manner, and to protect the same from encroachment 
or injury. 

Seventh. — To establish, erect, construct, regulate and Erect bridges. 
keep in repair bridges, culverts and sewers, sidewalks and 
crossings, 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 to 
wall them up and cover them over, and to prevent, regulate 
and control the filling, altering or changing the channels 
thereof by private persons. 

Eighth. — To provide for lighting the streets and erect- Lighting streets 
ing lamp posts and lamps therein, and regulate the hght- 
ing thereof, and, from time to time, to 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 markets and market houses, and Jiarkets nd 
other public buildings of the city, and provide for the "'"''''' ^°"'''- 
government and regulation thereof, and the erection and 
location thereof, and to authorize their erection in the 
streets and avenues of the city, and the 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 
city ; and to direct and regulate the planting and pre- 
serving of ornamental and shade trees, in the streets and 
public grounds. 

Eleventh. — To erect or establish one or more hospitals or to establish 
dispensaries, and control and regulate the same. hospitals. 

Twelfth. — To prevent the incumbering of streets, alleys, incumbering 
sidewalks or public grounds, with carriages, wagons, carts, ^^'^®^^** 
wheelbarrows, boxes, lumber, timber, firewood, posts, 
awnings, signs, or any other substance 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. 

Thirteenth. — To license, tax and regulate merchants, Licenses and 
commission merchants, and all venders, dealers and traders t^^®^ by council 
in any goods, wares, merchandize, groceries and liquors, 
(alcoholic liquors excepted only as herein after provided,) 
and inn-keepers, brokers, money-brokerB, insurance brokers, 



64 OITIES — lifEW PBIVILEGES. 

and auctioneers, and to impose duties upon -the sale of 
goods at auction ; to license, tax, regulate, suppress and 
prohibit hawkers, peddlers, pawnbrokers, grocery keepers, 
keepers of ordinaries, theatrical or other exhibitions, shows 
and amusemeDts. 
;Hackmen, Fourteenth. — To license, tax, regulate and suppress hack- 

^rie?s!° ^^ 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 for cars, stages and public houses. 
Biiiurd tables Fifteenth. — To prohibit and suppress billiard tables, pin 

and teu pm ai- ^Qj^yg ^^^ j^g^j^ alleys ; to suppress and restrain disor- . 
derly 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 witiiout betting, and to au- 
thorize the deetruction of all instruments and devices used 
for the purpose of gambling. 

Authorize pro- Sixteenth. — To authorize the proper officer of the city to 

grannfcenses.*! grant aod issue licenses, and to direct the manner of issu- 
ing and registering thereof, and the fees and charges to be 
paid therefor. ISlo license shall be granted for more than 
one year; and no license shall be granted for more than 
thirty days, except with power reserved to the city council 
to revoke such license at pleasure. The city council &hall 
have power to regulate, license, tax, prohibit and punish 
the sale of intoxicating, alcoholic or malt liquors, wines, 
cider, beer, soda water, or all and any drinks whatsoever. 

Sale of liquors. Sc'oenteenth. — To regulate the license and tax the keeping 
and sale by druggists, or other persons authorized by the 
cit}' council, of alcoholic liquors for sacramental, mechanical 
or medicinal purposes, but to no other person and for no 
other use or purpose whatever, except as hereafter provided. 
Forestalling Eighteenth. — To prevent, restrain and punish forestalling 
regia mg. ^^^^ regrating ; to regulate the inspecting 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. 

Batchers. Nhiteenth. — To regulate, license and prohibit butchers, 

and to revoke their licenses, for malconduct in the course 
of trade. 
inspectioa of Twentieth. — To regulate and provide for the measuring 

lumber, etc. ,^^^ inspecting 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. 

Forage and fuel. Tioenty -first. — To provide for tlie 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 used or sold within 
the city, and the place and manner of seUing the same. 



CITIES — NEW PE1VILEGE8. 65 

Twenty-second. — To regulate the inspection of beef, pork, 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, guagers and inspectors, 
and prescribe their duties, and regulate their fees : Pro- 
vided^ that nothing herein contained shall be so construed 
as to require the inspection of any articles enumerated herein, 
which are to be shipped beyond the limits of the state, ex- 
cept at the request of the owner thereof or his agents. 

Ttventy -third. — To regulate the weight and quality of Price of bread, 
bread, to be sold or used within the city, and the inspection 
thereof 

Twenty -fourth. — To regulate the size and quality of bricks, size of bricks, 
to be sold or used within the city, and the inspection thereof. 

Twenty -fifth. — To create, establish and regulate the po- Keguiatepo.ice. 
lice of the city ; to appoint watchmen and policemen, and 
prescribe their duties and powers. 

Twenty-sixth. — To prevent and suppress any riot, affray, Riots, affrays, 
noise, disturbance or disorderly assembly, in any public ^°^^^^' ''''^• 
or private place within the city. 

Tvjenty- seventh. — To prohibit, prevent and suppress horse Horse-racmg 

. "^ -, . . T^ 1 • • • ii -i J. and fast dnving. 

racing, immoderate riding or driving m the city, and to au- 
thorize 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. 

Tiaenty-eighth. — To restrain and punish vagrants, mendi- vagrant?, etc, 
cants, street beggars and prostitutes ; and define what act 
shall constitute vagrancy, and who shall be deemed va- 
grants, and provide for the arrest and punishment of per- 
sons found intoxicated in the streets and public places. 

Twtnty-ninih. — To regulate, restrain or prohibit the run- Eunning at 
niug at large of horses, cattle, asses, mules, swine, sheep, !fn3cat°tie!^°^°^^ 
goats and geese, and to authorize tlie distraining, impound- 
ing and sale of the same, for the cost of proceedings, and 
the penalty incurred, and to impose penalties on the own- 
ers thereof, for a violation of any ordinance in relation there- 
to ; to regulate, restrain, and prohibit the running at large 
of dogs, and to authorize their destruction when at large con- 
trary to ordinance, and to impose penalties on the owners or 
keepers thereof 

Thirtieth. — To prohibit and restrain the rolling of hoops, Roiimg of 
Hying of kites, the firing of guns or pistols, or any other °°^^' ^^'^' 
amusements or practices tending 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 or bugles, crying of goods, and all other noises, per- 
formance and practices tending to the collecting of persons 
on the streets or sidewalks, by auctioneers or others, for the 
purpose of business, amusement or otherwise. 
Vol. II— 9 



DO CITIES — NEW PKIVILEGES. 

Abate musancea Thirty -jlrst. — To abate all nuisances which may injure or 
afiect the public morals, health or comfort, in any manner 
they may deem expedient. 
Sanitary regu- Thirty -seconid . — To do all acts and make all regulations 

latioiis. which may be necessary or expedient for the protection and 

promotion of health and the suppression of disease. 
Cleanliness of Thirty-third. — To compel the owner of any grocery, cel- 

the city. jj^j,^ g^^p ^p tallow chandler, or blacksmith shop, tanneries, 

stable, privy, sewer or any other unwholesome or nauseous 
house or place, to cleanse, remove and abate the same, as 
may be necessary for the health, comfort and convenience of 
the inhabitants. 

Breweries, etc. Thirty -fourth. — To direct the location and regulate the 
construction and management of breweries, tanneries, black- 
smith shops, founderies, livery stables and packing houses ; 
to direct the location and regulate the construction and 
management of, and restrain, abate and prohibit, within the 
city and to the distance of one mile from the limits there- 
of, distilleries, slaughtering establishments, establishments 
for steaming or rendering lard, tallow, oUal and such other 
substances as may be rendered, and all other establishments 
or places where any nauseous, offensive or unw^holesome 
business may be carried on. 
Regulate the Thivty-ffth. — To regulate the burial of the dead ; to es- 
tablish 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 upon physi- 
cians, sextons and others for any default in the premises. 
Enumeration Thirty-sixth. — To provido for taking of the census, and 

of inhabitants, enumeration of the inhabitants of the city. 
House of cor- TJiiHyseventh. — To erect and establish a work house or 

rection. houso of Correction, make all necessary regulations therefor, 

and appoint all necessary keepers or assistants. In such 
work house, or house of correction, may be confined all va- 
grants, stragglers, idlers, and disorderly persons, who may 
be committed thereto by any proper officer ; and all persons 
sentenced by any criminal court or magistrate's court in and 
for the city, for any 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, may, instead of 
being committed to the county jail of Montgomery county, 
be kept therein, subject to labor and confinement. 
Destitute chii- Thii'ty- eighth. — To authorize and direct the taking up and 
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 all parental care. 
Clean private Thirty ninth. — To fill up, drain, cleanse, alter, relay, re- 

promises. p^|j. ^^^ regulate any grounds, lots, yards, cellars, private 

drains, sinks and privies ; and to direct and regulate their 



CITIES — NEW TEIVILEGES. 



6f 



construction, and cause the expense thereof to be assessed 
and collected in the same manner as sidewalk assessments. 

Fortieth. — To direct and control the laying out and con- /Railroad tracks 
struction of railroad tracks, bridges, turn-outs and switches, ^^ crossings. 
in the streets and alleys, and the location of depot grounds 
within the city ; to require that railror.d tracks, bridges, 
turn-outs and switches shall be so constructed and laid out 
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 track, for the safe and 
convenient passage of teams and persons ; to require said 
railroad company to keep in repair the streets through which 
their tracks may run, and to construct and keep in repair 
suitable crossings at the intersection of streets and alleys and 
seweis, ditches and culverts, when the city council shall 
deem necessary ; to regulate the speed of locomotive en- 
gines within the inhabited portion of the city. 

Forty --first. — The city council shall have power to pass, , Power to pass 

1 T 1 1 J 111 T 1 J laws for £:overu- 

pubhsh, amend and repeal all ordmances, rules and po- mentoftiiediy 
lice regulations, not inconsistent with the laws of the United 
States or of this state, for the good government, order and 
peace of the city and the trade and commerce thereof, that 
may be proper or necessary to carry into effect the powers 
vested by this act in the corporation, the city government 
or any department or officer thereof; to determine what 
shall be a nuisance, and provide for the punishment, remo- 
val and abatement of the same ; to enact and enforce the 
observance of such rules, ordinances and police regulations, 
and to punish violations of the same, by fines, penalties and 
imprisonment in the county jail, city prison or workhouse, 
or both, in the discretion of the court or magistrate before 
whom conviction may be had ; but no iine or penalty 
shall exceed five hundred dollars, or the imprisonment 
six months, for any offense ; and such fine and penalty may 
be recovered, with costs, in an action for debt, in the name 
and for the use of the city, before any court having jurisdic- 
tion, or by presentment and indictment in the circuit court 
of Montgomery county ; 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, city prison or work house, 
or required to labor on the public streets or public works 
for the city, for such time and in such manner as may be 
provided by ordinance. 

ARTICLE VI. 

OF TAXATIOX. 

Section 1. The city council shall have power, within Levytaxesfor 
the city, by ordinance — First : To levy and collect, annu- fcT'*^ ^"'^°" 
ally, taxes, not exceeding one per centum on all real and 
personal estate and property within the city, and personal 



68 CITIES — NEW PEIVILEGE8. 

property of the inhabitants thereof, made taxable by the 
laws of the state for the purposes of the state, to defray 
the general and contingent of expenses of the city, not 
herein otherwise provided for ; which taxes shall con- 
stitute the general funds, and also on the same property, 
taxes not exceeding one-half of one per cent., which, with 
the poll tax, shall constitute the highway fund ; and all taxes 
and assessments, special or general, levied by the city coun- 
cil, which shall not be paid as fixed by ordinance, shall be 
collected as the council ma}' prescribe by ordinance, not in- 
consistent with the constitution and laws of this state. And 
full power is hereby given, to adopt the mode and manner 
as specified in an act entitled "An act to amend the charter 
of the several towns and cities in this state," passed March 
1, 1854, The city council shall also have power to lay and 
levy a yearly poll tax, not exceeding three dollars per 
capita, on all male inhabitants of said city over twenty-one 
years of age and not over fifty years of sge, to be levied and 
collected as other personal taxes, which poll tax shall be- 
Proviso. long to the highway fund of said city: Provided, the inhab- 

itants of said city are hereby exempted from working on 
any road beyond the limits of the city, and from paying any 
tax "to procure labor upon the same. 

ARTICLE VII. 

OF ASSESSMENTS FOR OPENING STREETS AND ALLEYS. 

Opening Streets SECTION 1. The city council shall have power, upon the 
g ways. p(,{j|-JQ^ Qf Q^Q owners of two-thirds of the property fronting 
thereon, and without such petition, by the unanimous vote 
of the said city council, to open and lay out all public 
grounds or squares, streets, alleys and highways, or sections 
thereof, and to alter, widen, contract, straighten and discon- 
tinue 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. The city council 
shall cause all streets, alleys or highways, or public squares 
or grounds, laid out by them, to be surveyed and 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. 
Condemnation § 2. AVhenevcr any street, alley or highway, public 
grounds or squares is proposed to be laid out, opened, altered, 
widened or straightened, by virtue hereof, and the amount 
of compensation cannot be agreed upon, the city council 
shall give notice of their intention to appropriate and take 
the lands necessary for the same, to the owners thereof, by 
publishing said notice, by two insertions in a weekly paper 
or six insertions in a daily paper, in the newspaper publish- 



of land, 



CITIES — ^NEW PRIVILEGES. b9 

iDg the ordiuances of the city ; at the expiration of which commissioners 
time they shall appoint three disinterested freeholders, re- ^pp^^^*^*^- 
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 
persons will be benefited by such improvement, 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 special benefit re- 
sulting to each, and the balance to be assessed against the 
city. A majority of the councilmen authorized to be elec- 
ted shall be necessary to a choice of commissioners. The commissioners, 
commissioners shall be sworn faithfully and impartially to d»tyof. 
execute their duties to the best of their abilities, before en- 
tering upon their duties. They shall give at least five days' 
personal notice of the time and place of their meetings, for 
the purpose of viewing the premises, and making their as- 
sessments, which shall be given only to the owners that are 
residents thereof, and known. They shall view the prem- 
ises, and in their discretion receive any legal evidence, and 
may, if necessary, adjourn from day to day. 

§ 3. 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 esti 
mate and determine the whole value of such building to the 
owner, and aside from the value of the land, and the actual 
injury to him in having such building taken from him, and 
secondly, the value of such building to him to remove. 

§ 4. At least five days' notice shall be given to the Notice to owner. 
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 allpersons interested shall be given, 
by one publication in a newspaper publishing the ordinan- 
ces 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, not exceeding thirty days, or 
to give notice of the election to the city council either to ac- 
cept the award of the commissioners, and allow such build- 
ing 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 building, he shall have such rea- 
sonable time for that purpose as the city council may direct. 

§ 5. If the owner refuses to take the building at its wiien owner 
appraised value to remove, or fails to give notice of his in- at valuation.^ ^ 
tention 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 five days' 
public notice of the sale. The proceeds of the sale shall 
be paid to the owner, or deposited to his use. 



70 CIT1E8-^NEW PEITILEGES, 

vaination. § 6. Ill making their assessment, the commissioners shall 

ascertain the value of the lands to be taken, all expenses of 
the improvement, and the damages occasioned thereby, 
and then assess upon the property in the neighborhood ben- 
elited, in fair proportions, a sum sufficient to cover an 
amount of damages thereof equal to the special benefit de- 
rived therefrom ; which shall be paid to the owners, respec- 
tively, and be a lien upon the property upon which it may 
be assessed, and collected as other assessments are collected, 
by sale of lands, or otherwise; the balance of damages, over 
and above the special benefits, shall be paid by the city. 
The value of the land taken from any owner shall be a credit 
to him on the assessment against him for his share of the 
improvement, and if more, the difi'erence shall be paid, in 
money, before the land is taken. 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. 
■ Duty of clerk. § 7. The clei'k shall give ten days' notice, by one pub- 
Notice by Hcation in the newspaper publishing the ordinances of the 

pubiuation. ^j|.^^ |.|^g^j. gy,^!^ ^^ assessment has been returned, and on the 
day specified therein, will be acted upon by the city coun- 
cil, unless objections are made to the same by some person 

Parties a?griov- interested. Objections may be heard before the city coun- 

edmaybeheaidcii^ and the hearing maybe adjourned from day to day. 
The council shall have power, in their discretion, to alter, 
confirm or amend the assessment. If annulled, all the pro- 
ceedings shall be void. If altered or confirmed, an order 
shall be entered directing a warrant to issue for the collec- 
tion thereof. 
Kemovai of § 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 una- 
ble, from any cause, to serve. 

Possession auci § 9. The land required to be taken for the making, 

filfd°^"*"°''°^ widening, opening, 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 such owner or his 
agent cannot be found in the city, deposited in some safe 
place of deposit, to their credit, other than the hands of 
the trustees ; and then, and not before, such lands may 
■ bo taken and appropriated for the purposes required in 
making such improvements ; and such streets, alleys or 
other highways, or public grounds, may be made and 
opened. 

Appeals allowed g 10. Any person interested may appeal from any 
final order of the city council for opening, altering or 
straightening any strei^jt, alley, highway or public ground, 



CITIES — NEW PEIVJLEGES. 71 

to the circuit court of Montgomery county. After the pas- 
sage of such final order, said court shall hear and deter- 
mine such appeal, and confirm or annul the proceedings; 
from which appeal no judgment or writ of error shall lie. 
Upon trial of the appeal, all questions involved in said pro- 
ceedings, including the amount of damages, shall be opened 
to investigation by aflidavit 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 pleading, and judgment rendered accord- 
ingly. The court shall not set aside the proceedings or 
final order of the city council for any omission or informali- 
ty, without injury has resulted therefrom. 

§ 11 . When any owner known, or other person h.aviag an m case owner 
interest in any real estate, residing in the city or elsewhere, '^ ^ ™"^°'' 
shall be an infant, and any proceedings be had under this 
act, the judge of the circuit court or any judge of a conrt 
of record, 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 execu- 
tion of such trust; and all notices and summons required by 
this act shall be served on such guardian, and the final de- 
termination of either the city council or court, in the prem- 
ises, shall be conclusive on such infant, and the proceedings 
shall not be opened at any time thereafter. 

ARTICLE VIII. 

PUBLIC IMPROVEilEXTS AND ASSESSMEXTa THEP-EPOP.. 

Section 1. The city council of^said city shall have streets, alleys 

- . . •' % J and higliwavs. 

power, from time to time, to cause any street, avenue or 
highway to befilled, refilled, graded, leveled, paved, planked, improvements, 
graveled, macadamized or repaired, and to alter and to 
change the grade of the same, and cause sidewalks and 
crosswalks to be constructed, reconstructed and repaired, on 
said streets and avenues, and to erect lamp posts and lamps 
thereon, and to assess and to collect the expense and cost 
of the same, together with the expenses 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 
street funds. Said assessment and collection to be made as 
the city council may, by ordinance, direct: Provided^ the 
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 
elected to the city council : And^ also, provided, that the 
owner or owners of any lot fronting or abutting on said 
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 the street or avenue 



72 CITIES — NEW PEIVILEGES. 

or construct or repair the sidewalks in front of his or their 

lot or lots, to the satisfaction of the street committee, and 

May icvyaud reccive appropriate credit therefor. The city council may 

^roTemems ^" causc the improvements in this section authorized to be 
made, and paid for out of any money in the treasury at their 
disposal, and afterward cause the expense thereof, with the 
cost of collection, to be reimbursed by special assessment, 
as in other cases; and where such improvements have been 
already made and paid for, in whole or in part by the city, 
the expense thereof may be reimbursed by similar special 
assessment. 
Improvements § ^- ^o improvement shall be ordered involving an ex- 

madebyconsent penditui'e of money, except by ordinance, the provisions of 
which shall be specified and definite. 

ARTICLE IX. 

COLLECTION OF TAXES AND ASSESSMENTS. 

Ketnm of as- SECTION 1. The annual assessment lists shall be returned 

sessment lists, i^y the asscssor ou or before the first day of July, in each 
year; but the time may be extended by the city council. 
On the return thereof, the city council shall fix a day for 
hearing objections thereto ; and the clerk shall give one 
week's notice of the time and place of such hearing, by one 
publication in the newspaper publishing the ordinances of 
the city; and any person feeling aggrieved by the assessment 
of his property, may appear at the time specified and make 

Omissions. II V-' li is objccious in Writing thereto. The city council shall 
have power to supply omissions in said assessment lists, and, 
for the purpose of egualizing same, 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, 
conftrmation § 2. When the assessment lists have been revised and 

se ments*' ^°" Corrected, they shall be filed, and an order confirming and 
ordering the warrant to be issued for the collection thereof, 
shall be entered by the clerk. The city council shall there- 
upon, by ordinance or resolution, levy such sum or sums of 
money as may be sutncient for the several purposes for 
which taxes are herein authorized to be levied, not exceed- 
ing one per cent, for general purposes, one-half of one per 
cent, for highway purposes, and two per cent, for school 
purposes, and, in their discretion, specifying the purposes 
for which the same are levied; and, if not for general pur- 
poses, the division of the city on which the same are levied. 
Taxes, alien §3. All taxcs and asscssmcnts, general or spccial, levied 

on real estate. ^^ asscssed 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 said first day of 
July, and on personal estate from and after the delivery of 



CITIES —NEW TRIVILEGEB. 73 

the warrant for the collection thereof until paid, and no sale 
or transfer shall affect the lien. Any personal property be- 
longing to the debtor may be taken and sold for the pay. 
ment of taxes on real estate, and the real |estate shall be 
liable for the taxes on personal property, |in case of re- 
moval : Provided, that in case the collection of any assess injimcuoD. 
ment shall be delayed by injunction or other judicial pro- 
ceedings, the same shall continue a lien, unless set aside, 
upon the real estate, for the period of two years from and 
after the disposition of such injunction or other judicial pro- 
ceedings. 

§ 4. The clerk shall issue a warrant or warrants for i'aQ warrants for 
taxes, and rule therein separate columns, in which the taxes''"" 
taxes levied shall be separately 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. All warrants issued for the collection of general <^'i'gi^ne"''^°**^and 
special taxes and assessments, shall be signed by the mayor sealed. 
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 maybe collected, and shall 
be delivered to the collector for collection by the first day 
of July, unless further time be given by the city council, 
of which he shall give notice, by publication in the news- 
paper publishing the ordinances of the city. The collector 
shall thereupon 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 September following, the collector shall have power Non-payment 
to collect such taxes, with interest and cost, by suit, in the °^ *^^^^- 
corporate name of the city, or by distress and sale of per- 
onal property, after a demand and a refusal to pay the same: 
Provided, a notice, published by the collector for ten days, 
in the newspaper publishing the ordinances of the city, or 
posted up in four public places in the city, shall be deemed 
a demand ; and a neglect to pay taxes for twenty days 
thereafter, shall be deemed a refusal. The assessment lists, 
in all cases, shall be evidence on the part of the city. 

§ 6. All taxes and assessments, general or special, sbali Duties of cuy 
be collected by the collector in the same manner and witli <^°"®^'°''- 
the same powers and authority as are given by law to collec- 
tors of county and state taxes, or for the collection of city taxes 
and assessments, under the act entitled "An act to amend 
the charters of the several towns and cities of this state," ai> 
proved March 1st, 1854; and his duty in regard to returning 
warrants and settling with the city, and his liabilities in case 
of default or misconduct, shall bd the same as prescribed 
by law : Provided, the city council shall have power to pre- 
scribe the powers, duties, compensation and liabilities of 
the collector, by ordinance. 
Yol. 11—10 



^^ CITIES — ISTEW PRIVILEGES. 

Delinquent tas § 7. In case of the non-payment of any taxes or assess- 
^''*^'- raents levied or assessed under this act, by the first day of 

September, of each year, the premises may be sold at any 
time thereafter within two days. All sales shall be conducted 
in the manner prescrbed 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 assess- 
ments thereon, with interest and cost of sale. Duplicate 
certificates of sale shall be made and subscribed by the col- 
lector, one of which shall be delivered to the purchaser and 
the other filed in the oflice of the city clerk ; which certificate 
shall contain the name of the purchaser, a description of the 
premises sold, the amount of taxes or assessments thereon, 
with interest and expenses, for which the same was sold, 
Feesofcojiectorand when the time to redeem w^ill expire. The collector 
shall be allowed tlie same fees for selling as are allowed for 
similar services ; or his fees may be regulated by ordinance. 
The city 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. 

demotion"'' ^^' ^ ^' ^^ ^^^*^ ^^ redemption, the money may be paid to 
emp ion. ^|^^ purchaser, or for him to the city 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 or proof 
of its loss, direct a deed to be executed to the purchaser, 
under the corporate seal, signed by the mayor and counter- 
signed by the city clerk, conveymg to such purchaser the 
premises so sold and unredeemed, as aforesaid. An abstract 
of all deeds so made and delivered shall be entered by 
the city clerk in the book wherein tax sales are recorded. 
^ Deeds for tax § 10. The assignee of any tax certificate of any pre- 
mises sold for taxes or assessments under the authority of 
the city, shall be entitled to receive a deed of such preniises 
in his own name, and with the same effect as though he 
had been the original purchaser. 
When no bids. § H. If, at any sale of real estate for taxes or assess- 
be'^s'S^off to "^^^^^5 °^ ^^^*^ ^^^'1 be made for any parcel of land, the 
thVcUy. ° ° same shall be forfeited to the city, and shall be carried for- 
ward by the city clerk, upon the" tax book of the next suc- 
ceeding year, as in case of sales for state and county pur- 
poses. 
TaxdeedsshRii § 12. All deeds made to purchasers of lots sold for 
cvidoncT ^""'^ ^^^^^ ^^' assessments, shall be prima facie evidence, in all 
controversies and suits in relation to the rights of the pur- 
chaser, his heirs and assigns, to Ihe premises hereby con- 
veyed, of the following facts : 



0ITIE8 NEW PRIVILEGES. 7o 

Mrst — That the lot or land conveyed was subject to tax- Advertisement. 
ation or assessment at the time the same was advertised for 
sale, and had been listed and assessed at that time and in ' 
the manner required by law. 

Second — That the taxes or assessments were not paid at Taxes not paid, 
any time before the sale. 

Third — That the land conveyed had not been redeemed Kon-red-mption 
from the sale at the date of the deed. 

And shall be conclusive evidence of the following facts : 

First — That the land or lot was advertised for sale for was advertised, 
the length of time and in the manner required by law. 

Second— Thai the land was sold for taxes or assessments, saieof land, 
as stated in the deed. 

Third— Tlh.2Lt the grantee in the deed was the purchaser. Deed. 

Fourth — That the sale was conducted in the manner re- Title to land. 
quired by law. 

And in all controversies involving the title to land claimed of^cradu^ttn"^^ 
and held under and by virtue of such deedSj the person 
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 taxation 
at tlie date of the sale, that the taxes or assessments had 
been paid, that the same land never been listed or assessed 
for taxation or assessment, or that the same had been re- 
deemed according to the provisions of this act, and that such 
redemption was made for the use and benefit of the person 
having the right of redemption under the laws of the state; 
but no person shall be permitted to question the title ac- Title to land, 
quired by 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 sale, or that the 
title was obtained from the United States or from this 
state after the sale, and that all taxes due upon the lands 
have been paid by such person or persons under whom he 
claims title, as aforesaid. 

§ 13. Appeals may be taken from any assessment made Appeal taken. 
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 the city shall have the right to ap- 
peal to the circuit court, from any final order of the city 
council made, touching or concerning assessments or collec- 
tions of taxes within said city: Provided, said appeal shall 
be prayed and perfected within ten days, as is now required 
by law in cases before justices of the peace. 

ARTICLE X. 

FIRE DEPARTMENT. 

Section 1. The city council, for the purpose of guarding Fire department 
against the calamities of fire, shall have power to prohibit prohibitions, 
the erection, placing or repairing of wooden buildings 



76 



CITIES — NEW PKIVILEOES. 



Fire places, etc. 



within tlie limits preBcribed 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 
material, and to prohibit the rebuilding of wooden build- 
ings; 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 which they may deem danger- 
ous to contiguous buildings, or in causing and promoting 
lires, to be nuisances, and to require and cause the same to 
be abated or removed in such manner as they shall pre- 
scribe. 

§ 2. The city council shall have power — 
Chimneys and First. — To regulate the construction of chimneys and 
^^^' flues so as to admit of chimney-sweeps, or other modes ot 

cleaning, and to compel the sweeping and cleaning of chim 
neys. 

Second. — To prevent and prohibit the dangerous con- 
struction of chimneys, flues, fire-places, stove pipes, ovens, 
or any other apparatus used in or about any building or 
manufactory, and cause the same to be removed or placed 
in a secure and safe condition, when considered dangerous. 

Third. — To prevent the deposit of ashes in unsafe places, 
and to appoint one or more ofiicers 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 
dangerous, 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 fire ; 
and to require all occupants and owners of buildings to 
construct and keep in repair wells or cisterns upon their 
premises. 

Fifth. — To regulate and prevent the carrying on of man- 
ufactories and works dangerous in promoting and causing 
fires. 

Sixth. — To regulate and prevent and prohibit the use of 
fird arms and fire works. 

Seventh. — To prohibit or have the management of houses 
for storing gunpowder, or direct and prohibit other and 
dangerous materials within the city; to regulate the keep 
ing and conveying 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 of partition 
fences. 

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. 

Tenth. — To authorize the mayor, fire wardens, or other 
officers of said city to keep away from the fires all suspicious 



Manufactories. 



Walls, fences. 



Regulate con- 
duct of persons 
at fires. 



CITIES— NEW PRIVILEGES. 7T 

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 there- 
at, and in preventing goods from being stolen. 

Eleventh. — And, generally, to establish such regulations Extm^nithment 
for the prevention and extinguishment of fires as the city °^^^^^- 
council may deem expedient. 

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

First. — To organize tire, hook, hose, ax and ladder com- Hook and lad- 

panieS. der companies. 

'Second. — To appoint, during their pleasure, a competent firemen, 
number of able and respectable inhabitants of the city, 
firemen, to take the care 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 Duty of firemen, 
rales and regiilations for their government, and to impose 
reasonable penalties upon them for violation of the same; 
and for incapability, neglect of duty, or misconduct, to re- 
move them. 

Fourth. — The city council shall have power to appoint a Engmeeis. 
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 imple- 
ments provided and used for the extinguishment of fires ; y 
and their powers and duties shall be prescribed and defined / 
by the city council. 

ARTICLE XI. 

BOARD OF HEALTH. 

Section 1. A board of health, consisting of three or ^o^rd of health. 
more commissioners, may be appointed annually by the 
city council ; {and the mayor or presiding officer of the 
city council, shall be president of the board, and the city 
clerk shall be their clerk and keep minutes of the pro- 
ceedings. 

§ 2. It shall be the duty of the health officers to visit Duty of health 

" - . T ,. 1 -^ , . , , officers. 

every.6ick,,person who may be reported to them as here- 
after^provided, and 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 and places in 
which they may suspect any person to ,be confined with 
any pestilential or infectious diseases, or to contain un- 
sound provisions, or damaged or*putrid vegetable or ani- 
mal matter, or other unwholesome articleSj'and to make 



YS CITIES — ^NEW PRIVILEGES. 

report of the state of the same, with all convenient speed, 
to the clerk of the board. 
Infected and § 3. All pcrsons in the city, not residents thereof, who 

Kfiemofed'?'^ may be infected with any pestilential or infectious disorder, 
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 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 
party 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 
maidug just compensation. 
Penalty for § 4. The city council shall have power to prescribe the 

violations. powers and duties of the board of health, and punish, by 
tine or imprisonment, or both, any refusal or neglect to 
preserve the orders and regulations of the board. 
Powers and § 5. The health officers may be authorized by the city 

boardof^heaith! council, whcii the public interest require, to exercise for the 
time being, such of the powers, and perform such of the 
duties of marshal or street commissioner as the city coun- 
cil 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. 
Dntiesofphy- §6. Evcry pcrsou practicing physic in this city, who 

sicians. shall have a patient laboring under any malignant, infec- 

tious or pestilential disease, shall forthwith make report 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 not exceeding fifty dollars, to be sued for and recovered 
with costs, in an action for debt, in any court having cogni- 
zance thereof, or before justices of the peace, for the use of 
said city. 

ARTICLE XII. 

OF SCHOOLS AND SCHOOL FUNDS. 

Schools. Section 1. All those parts of townships number eight 

(8) and nine (9) north, of range five (5) west of the third (3d) 
principal meridian, lying within the corporate limits 
of the said city of Litchfield, as defined in article one (1) of 
this act, with such other parts of said township as may be 
incorporated and come under the jurisdiction of said city, is 
hereby erected into a common school district, to be known 
as the Litchfield school district. 
Abstract of the § 2. It shall be the duty of the city council to cause an 

niimijer of white abstract of the wholo rmmber of white children, under the 
age of twenty-one (21) years, in the Litchfield school dis- 
trict, to be furnished to the superintendent of public in- 



CITIES — NEW PRIVILEGES. 79 

struction of Montgomery county within ten days after the 
same shall be ascertained, and the said superintendent of 
public instruction shall pay, annually, to the clerk of the city 
of Litchfield the proportion of the school, college and semi- 
nary fund to which the said Litchfield school district may 
be entitled, according to the number of persons under the 
aforesaid age residing in said district, taking his receipt 
therefor, but no abstract shall be required to be returned to 
the Guperintendent of public instruction often er than is re- 
quired by law in other school districts. 

§ 3. The school land, school fund, and other proj^erty school lauda 
of the Litchfield school district, shall be vested in the city '"'^ ^''°^- 
of Litchfield. The city council shall have power, at all 
times, to do all acts and things in relation to said school 
land, school fund, and other property which they may 
think proper for their safe preservation and efiicient man- 
agement, and sell or lease said lands and all o'ther property 
which may have been, or may hereafter be, donated to the 
school fund, on such terms and at such times as they may 
deem most advantageous, and on such sale or lease, to make, 
execute and deliver all proper conveyances, which said 
conveyance shall be signed by the mayor or presiding offi- 
cer and countersigned by the clerk, and sealed with the 
corporate seal, but the proceeds arising from such sale 
shall be added to and constitute a part of the school fund. 

§ 4:. Nothing shall be done to impair the principal of When prind- 
said fund, or to appropriate the interest accruing from the Fs^doSbtfaifhov/ 
saoie, to any other purpose than the payment of teachers in to proceed.' 
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. 

§ 5. The city council shall have pov/er : 

First. — To erect, hire or purchase buildings suitable for Houses. 
school houses, and to keep the same in repair. 

Second. — To buy or lease sites for school houses, with the Grounds, 
necessary grounds. 

Third. — To furnish schools with the necessary fixtures, Libraries, fcr- 
furniture and apparatus, ^^''""^'■■' •^'<=- 

Fourth. — To maintain, support and establish schools, and Expense of the 
supply the inadequacy of the school fund for the payment "^^hoois. 
of the city teachers from school taxes. 

Fifth — To fix the amount of compensation to be allowed compensation 

to teachers. ^"^ teachers. 

Sixth. — To prescribe the school books to be used, and school books. 
the studies to be taught in the difierent schools. 

Seventh. — To lay oft and divide the city into smaller Divide districts, 
school districts, and, from time to time, alter the same and 
create new ones, as circumstances may require. 

Eighth. — The city council shall be, ex officio^ trustees and Es-officio trus- 
directors of schools, but they may appoint six (6) inspectors, ^^^^' 
or two for each ward in the city, to be denominated a 



80 



CITIES — NEW PRIVILEGES. 



To make rules 
andresalations. 



Finances and 
property. 



Duties of the 
school iiMnt. 



Securities, etc. 



Expenses. 
Indebtedneea. 



Suits instituted. 



board of school inspectors, and shall establish and prescribe 
thier powers and duties. 

Ninth^ — And, generally, to have and possess all the 
rights, powers and authority necessary for the proper man- 
agement of the schools, and the school lands, and funds 
belonging to the said school district, with power to enact 
such ordinances as may be necessary to carry their pow 
ers and duties into efiect. 

§ 6. The city council shall have power to appoint a 
school agent, who shall have the custody and management 
of the moneys, securities and property belonging to the 
school fund of the district, subject to the direction of the 
city council. 

§ 7. The school agent, before entering upon his duties, 
shall give bond in such amount, and with such conditions 
and securities, as the city council may require. Ris com- 
pensation shall not be paid out of the school fund, and he 
shall be subject, for misconduct, to the same penalties and 
imprisonment as county superintendents of public instruc- 
tion arejor may be subject to by law. 

§ 8. The school fund shall be kept loaned, at interest, 
at the rate of ten per cent, per annum, payable semi-annu- 
ally in advance. No loan shall be made for a longer period 
than five years, and all loans exceeding one hundred dol- 
lars shall be secured by unincumbered real estate of double 
the value of the sum loaned, exclusive of the value of per- 
ishable improvements thereon. For sums of less than one 
hundred dollars, two securities besides the principal, shall 
be required : Provided^ the city council shall have power 
to increase the rate of interest, by a vote of two-thirds of all 
the aldermen elected. 

§ 9. All notes and securities shall be taken to the city 
of Litchfield for the use of the inhabitants of said city, for 
school purposes, and in that name all suits and actions, 
and every description of legal proceedings, maybe had. 

§ 10. All expenses of preparing or recording securities 
shall be paid exclusively by the borrower. 

§ 11. In the payment of the debts of deceased persons, 
those due the school fund shall be paid in preference to all 
others, except the expense attending the last illness and fu- 
neral of the deceased, not including the physician's bill. 

§ 12. If default be made in the payment of interest, or 
of the principal when due, the same may be recovered by 
suit or otherwise. 

§ 13. All judgments recovered for principal or interest, 
or both, shall'respectively bear interest at the rate specified 
in the note, from the rendition of judgment until paid ; and 
in case of the sale of real estate thereon, the city of Litch- 
field may become the purchaser thereof, for the use of the 
school fund, and shall be entitled to the same rights given 



CITIES — NEW PRIVILEGES. 81 

by law to other purchasers, on redemption, ten per cent, 
interest shall be paid from the day of sale. 

§ 14. No cost made in the course of any judicial pro- coats. 
ceeding, in which the city of Litchfield, for the use of the 
school fund, may be a party, shall be chargeable to the school 
fund. 

§ 15. If the security on any loan should at any time 
before the same is due, become, in the judgment of the 
school agent and city council, insecure, the agent shall no- 
tify the person indebted ; and unless further satisfactory 
security shall 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. 

§ 16. The council shall annually publish, at such times Publication of 
as may be prescribed by ordinance in the newspaper pub- ordinance?, 
lishing the ordinances of the city, a statement of the number 
of pupils instructed in the year preceding, the several 
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. 

§ 17. The school tax shall be paid into the city treasury, Tax, whercpaid 
and be kept a separate fund for the building of school 
houses and the keeping of the same in repair, and supporting 
and maintaining schools, and should there be at any time 
a surplus, the same may be paid over to the school fund 
and form a part of the same. 

§ 18. Any person owning land, or residing around or Annexation to 
adjacent to said city, within two miles thereof, may, with 
his consent and the consent of the trustees of his township, 
be annexed to said Litchfield school district, and school tax 
may be levied and collected upon the land and property of 
such person subject to taxation, by the city collector, in the 
same manner as school taxes within the said district. 

ARTICLE XIII. 

MISCELLANEOUS PROVISIONS. 

Section 1. The city council shall, at least ten days be- Financial state- 
forte the annual election, in such year, cause to be pub- 
lished, in the newspaper publishing the ordinances of the Publication of. 
city, a correct and fnll statement of the receipts and expen- 
ditures 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 several 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 under- 
standing of the financial concerns of the city, 

Yol. 11-11 



ba CITIES — NEW PKIVILEGE8, 

Fees or city at- § 2. The citv council may provide for the payment of 

mikeeper!' '^"^' the city attorney's and prison keeper's fees when they can- 
not be collected from the offender, but said city, or any per- 
son prosecuting on its behalf, shall not, in any case, pay, or 
be compelled to give security for costs before commencing 
suit, nor at any other time, until it is ascertained that it 
cannot be made out of defendant. 
Fines, paid to § 3, All fincB, forfeitures and penalties collected for 

city treasury, offenses committed within the city of Litchfield, shall be 
paid into the treasury of said city by the officers collecting 
the sam^e, and all fines and forfeitures collected of any citi- 
zen of said city for any conviction in the circuit court, shall 
be paid over in like manner. 
EemisEion of § 4. Neither the city council nor mayor shall remit any 

®°^^' fine or penalty imposed for the violation of any of the 

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 anything in this 
act be so construed as to oust any court of jurisdiction to 
abate or remove any nuisance within its jurisdiction, by in- 
dictment or otherwise, 
pabiication of § 5. Every ordinance, regulation and by-law imposing 

ordinances. ^^^^ penalty, fine, imprisonment or forfeiture, for a violation 
ot its provisions, shall, after its passage, be published three 
times, where there is a daily paper published ; otherwise, 
once in a weekly paper : Bromded^ the proof of such pub- 
lication 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 of the coun- 
cil, 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 be conclusive evidence of the legal publication and 
promulgation of such ordinance, regulation or by-law in all 
courts and places. 
All actions aud g 6. All actious brought to recover any forfeiture or 

corp^oratfoQ^ '" penalty, 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 lawliul 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 under it, or the defendant may be tried 
by presentment, in the court of common pleas, or in the 
circuit court. 
First process g 7. In all prosccutions for any violation of any by-law, 

^ ^ ^ ■ ordinance or regulation, the first process shall be a sum- 
mons, unless oath or affirmation be made for warrant, as in 
other cases ; and the council may provide for issuing the war- 
rant in the instance, without oath. 



CITIES — NEW PKiriLEGKS. 



8.^ 



§ 8, Execution may be issued immediately on rendition ^Execu^ramaj 
of jiidgrnent. If the defendant has no goods or chattels, 
nor real estate, within the city of Litchfield, whereof the 
judgment can be collected, the defendant may be confined 
in the city jail, for a term not exceeding six months, in the 
discretion of the court rendering the judgment ; and all per- 
sons who may be committed under this section, shall be 
confined one day for each dollar and a-half of such costs 
and judgment. "All fines, penalties and forfeitures, when 
collected, shall be paid into the city treasury. 

§ 9. The city magistrate shall have concurrent authority juri/>dictioDof 
with justices of the peace, under the laws of this state, magistrate, 
and in the event of his office becoming vacant, or of his 
inability to attend to its duties for a time, the city council 
shall have power to designate any neighboring magistrate, 
who shall attend to the said duties until the vacancy shall 
be filled, or he be able to return to the duties thereof. 

§ 10. All executions, and other civil process, by said Executions, 
city magistrate, shall be governed by the rules as are now 
provided by law for judgements and executions of ordinary 
justices of the peace, 

§ 11. Any person who shall destroy or injure any bridge iDjuringpubiie 
or any public building, or any other property belonging to P-°P®'^y' ®*^- 
the city, or shall cause or procure the same to be injured, 
shall be subject to a penalty not exceeding five hundred 
dollars for such offense, and may be imprisoned not exceed- 
ing six months, in the discretion of the court before whom 
such conviction may be had ; and such person may also be 
liable in a civil action, at the suit of the city or any person 
injured thereby, for the damages occasioned by such injury . 
or destruction. 

§ 12. IS"© person shall be an incompetent iudge, iustice, . incompetent 

•Z • 1- !• I,' I. • ■ ir-i-'^ ^ ' judge or jaror. 

Witness or juror, by reason oi his being an inhabitant or 
freeholder of the said city of Litchfield, in any action or 
proceeding in which the said city may be a party or inter- 
ested. 

§ 13. All ordinances of the city, when printed and pub- gtau^^evu 
lished by authority of the city council, shall he received in dence 
all courts and places without further proof, which shall not 
be required until denied under oath. 

§ 14. The style of all ordinances shall be, ''Be it or- ^,S. °^ °'^^'- 
dained hij the City Council of the City of Litehfield.'''' 

§ 15. The city may appeal in all cases arising under ^^^ppeais, how 
the charter and ordinances of the city, without giving se- " '' ' 
curity ; and the mayor, in case of appeal by the city, shall 
execute bond under the corporate seal, v/ithout surities, 
and a resolution or ordinance authorizing the same shall be 
sufficient authority therefor ; nor shall the city in any case 
be required to file bond or security for costs. 



16. No person shall be ehgible to the office of mayor ^f [f/^''"^ 



of 



or the office of alderman, created by this act, who is not. 



mayor. 



84 CITIES — NEW PEIVILEGEB. 

at the time of his election, a honafide owner of real estate 
in the said city of Litchfield. 
.I'owcrs of the § 17. The city council shall have power to cause the lots 

ci y counci . ^^^^^ blocks of the city to be surveyed, platted, and numbered 
in consecutive numbers, from one upwards, and to designate 
and number all fractional and other lots and blocks, in such 
manner as they may prescribe by ordinance ; and such plat, 
designation and numbers, when made and recorded, shall 
be a good and valid description of such blocks, lots, or frac- 
tional blocks ; to establish, mark and declare the boundaries 
and names of streets and alleys ; to require that all addi- 
tion hereafter made to the city, or all lands adjoining or 
within the same, laid out in blocks or lots, shall Idb so laid 
out and platted to correspond and conform to the regular 
blocks, streets and alleys already laid out and established 
within the city. 

§ 18. The street commissioners, in addition to the pen- 
alties prescribed by ordinance, shall, for willful neglect of 
duty, be liable to indictment and fine. 
Vote of city § 19, No votc of the city council shall be reconsidered 

scinded. *^^^ '^^' OY recindecl at a special meeting unless the meeting be called 
in whole or in part for that purpose, and the aldermen be so 
notified, and unless, at such special meeting, there be present 
as large a number of aldermen as were present when the 
vote was taken. 

Cemetery lots. § 20. The Cemetery lots, which may be laid out and 

sold by the city or private persons for private places of 

burial, shall, with the appurtenances, forever be exempt 

from execution and attachment. 

Compensation S 21. The mavor and each member of the city council 

of ofccers. ^ ^^ • • 1 ,• i- ,1 • • 

shall receive such compensation, tor their services as mayor 
and councilmen, as they may, from time to time, provide for 
by resolution or ordinance, to he paid from the city treasury 
thereof: Provided^ the mayor's compensation shall not ex- 
ceed one hundred dollars per annum, nor the councilmen 
fifty dollars, each, per annum. 

^j^Additions to § 22. Any tracts of land adjoining said city, which are 
now or may hereafter be laid out in lots or blocks of five 
acres or less, and duly platted according to law, and any 
tract of land adjoining the city, with the consent of the 
owners thereof, shall and may be annexed to said city and 
form a part thereof. 

uoid one office. § 23. Neither the mayor nor any member of the city 
council shall be appointed to or be competent to hold any 
office, the emoluments of which are paid from the city treas- 
ury, or by fees directed to be paid by any act or ordinance 
of the city council, or be directly or indirectly interested in 
any contract, the expenses and considerations whereof are 
to be paid under any ordinance of the city council. 
Arre6t8, with § 24. All officcrs of the city created conservators of 

raX*'^""' ^"' the peace by this act, or authorized by any ordinance, shall 
have power to arrest or cause to be arrested, with or without 



CITIES — NEW PEIVILEGES. 85 

process, all persons who shall break the peace or threaten 
to break the peace, or be found violating any ordinance of 
the city, to commit for examination, and, if necessary, de- 
tain such persons in custody or over the Sabbath, in the 
watchhouse 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. 

§ 25. N"o lands used for agricultural purposes, exceed- frSi^taxationf* 
ing (20) acres, within the corporate limits, shall be subject 
to a corporation tax for the ordinary expenses of the city. 

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

§ 27. The fees for publishing ordinances, notices and compensation. 
other matters, required by this act or any ordinance under 
it, shall not exceed ninety (90) cents per folio, for the first, 
nor sixty (60) cents for each subsequent publication. 

§ 28. At least four (-i) weeks before the annual election, Provide for 
the city clerk shall publish, in the newspaper publishing the ° ' ^^" ^ ^'^^ °" 
ordinances of the city, an election notice, which shall state 
the time and place of and the oflicers to be elected at such 
election ; and the like notice shall be given of all special 
elections. 

§ 29. Nothing in this act shall be so construed as to ^construction of 
deprive the city council of any powers or authority conferred 
upon the same by the act incorporating said city, and the 
various acts amendatory thereto, but the city council shall 
possess and enjoy all the powers and authority heretofore 
conferred upon the same, except so far as such powers are 
expressly modified or repealed by this act or the acts here- 
tofore mentioned. 

§ 30. The city magistrate (who shall be elected quad- g,eg§^^^^®"^^'^* 
renually, and hold his office until the election and qual- ^ ^ . " 
ilication of his successor,) shall have original and exclusive 
jurisdiction in all suits under this charter, or any ordinance 
passed in accordance therewith : Provided, that changes 
of venue shall not be allowed in cases arising under the 
charter and ordinances. 

§ 31. All ordinances or resolutions passed or adopted ^om ordinances 
by the city council of said city and now in force, and not 
inconsistent with the provisions of this act, shall continue 
in force until altered or repealed by ordinance or resolu- 
tion ; and nothing in this act shall be so construed as to 
discontinue in otfice any of the ofiicers of said city until 
the expiration of their respective terms of oflice, and until 
the election and qualification of their successors. Evidence of act. 

§ 32. 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 effect from 



S6 CITIES — NEW PBIVILEOES. 

and after its passage, there being sufficient emergency in 
the judgment of the legislature to dispense with the lapse 
of sixty days before this act goes into effect. 
Conflicting § 33. Any acts or part of acts, inconsistent with the 
acta repealed: pj.Qyision of tliis act, are hereby repealed. 
Approved February 27, 1869. 



^ *^A*^iQc^i"^^ ^^ ^<^T to repeal section three, of article 3d, entitled "Elections," of the 
"'"' ^^^- charter of Litchfield. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That sec- 
tion three (3), of article third (3d) of the original charter of 
the city of Litchfield, in the county of Montgomery, and 
state of Illinois, entitled "Elections," be and the same is 
hereby repealed, 
wheu act to This act to be in full force and effect from and after its 
take effect. passage and approval. 

Approved March 30, 1869. 



lu force March AN ACT to amend the citv charter of the citv of Macomb. 

24, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That when 
Non-payment ^^J P^rson Owning lands or town lots in the city of Macomb, 
of taxes. iQ this State, shall fail to pay the taxes or assessments, gene- 

ral or special, levied or assessed thereon under the charter 
• of said city and the amendments thereto, or under the ordi- 
nances of said city, it shall be the duty of the collector of 
said city to publish an advertisement in some newspaper 
published in said city, if any sucli there be ; and if there be 
no such newspaper printed in said city, then in the nearest 
newspaper printed in this state ; which advertisement shall 
be once published at least four weeks previous to the term 
of the county court of McDonough county, at which judg- 
Noticebypuh- ™6°^ ^s P^'^y^*^- -^^^ such advertisement shall contain a 
lication. Hgt of delinquent lands upon which the taxes and assess- 

ments remain due and unpaid, the names of the owners, 
if known, the amount due thereon and years for which the 
same are due, jnd the purpose for which the same were 
assessed, and h' shall give notice that will apply to the 

county court of McDonough county at the term 

thereof (giving the term), for judgment against said lands 
and town lots for said taxes, assessments, interest and costs, 



CITIES — NEW PEIVILEGES. 87 

and for an order to sell said lands and town lots for the sat- 
isfaction thereof, and shall also give notice that on the first 
Monday next succeeding the day of obtaining such judg- 
ment and order for sale, all the lands or town lots for sale 
of which an order shall be made, will be exposed to public 
sale at the place of holding court in said county, for the 
amount of such taxes, assessments, interest and costs due 
thereon. And the advertisement published according to 
the provisions of this section shall be deemed and taken to 
be sufiicient and legal notice, both of the intended applica- 
tion of the collector to the county court for judgment, and 
also for the sale of the lands and town lots under the order 
of said county court : Provided^ that if the publisher of such 
paper shall be unable or unwilling to publish said list and 
and notice accurately and properly, the collector shall select 
some other newspaper, having due regard to the circulation 
of such paper. 

§ 2. All suits or applications for judgment and order Judgments for 
of sale for taxes or assessments on delinquent lands and *^^®^* 
town lots shall be made at regular terms of the county court, 
and shall be placed upon the docket of said court in the 
following form, to wit : 

City of Macomb vs. John Doe, and others. 

And the sale shall be made at the time specified in the Manner of sale. 
notice, whether the court remain in session or not. If, for 
any cause, the court shall not be holden at the term at 
which judgment is prayed, the cause shall stand continued, 
and it shall not be necessary to re-advertise the list or no- 
tice required by law to be advertised before judgment and 
sale, but at the next regular term thereafter the court shall 
hear and determine the matter; and if judgment is rendered, 
the sale shall be made at the same time and in like manner 
as it would have been made if the suit had been commenced 
at that term, 

§ 3. The collector shall obtain a copy of said advertise- ^j^fj^'^^^^ °^ 
ment or advertisements, together with a certificate of due ^^ " 
publication thereof, from the printer or publisher of the 
newspaper in which the same was published, and shall file 
the same with the clerk of said court at the said term. 

§ 4. The collector shall file the list of delinquent lands flSuenuis^.!° 
and town lots, which shall contain all the information neces- 
sary to be recorded, with the clerk of the county court at 
least five days before the commencement of the term at 
which application for judgment is to be made ; and said clerk 
shall receive and record the same in a book to be kept for 
that purpose. The clerk of the county court shall, before 
the day of sale, make a correct record of the lauds and 
town lots against which judgment is rendered in any suit 
for taxes or assessments due thereon, and shall set forth the 
name of the owner, if known, the description of the pro- 
perty, and the amount due on each tract or lot, in the same 



CITIES — NEW PRIVILEGES. 



Report of col- 
lector made im 
der oath 



order as said property may be set forth in the judgment 
book, and shall attach thereto a correct copy of the order 
of the court and his certificate of the truth of such record ; 
which record, so attested, shall hereafter constitute the pro- 
cess on which all real property shall be sold for taxes and 

Redemption of assessments, as well as the sales of such property. When 
any tract of land or town lot shall be sold, it shall be the 
duty of the clerk to enter on the record aforesaid the quan- 
tity sold and the name of the purchaser opposite such tract 
or lot, in the blank columns provided for that purpose ; and 
when any such property shall be redeemed from sale, the 
clerk shall enter the name of the person redeeming, the 
date, and amount of redemption in the proper columns. 
Said book shall be so ruled that there shall be suitable 
blank columns for entering the quantity'- or portion of each 
tract or lot that may be sold, the name of the purchaser, and 
such other columns as may be necessary ; and the collec- 
tor's return on such precept shall be prima facie evidence 
of the facts therein stated. 

6. On the first day of the term at which judgment on 
" deiinfjuent lands and town lots is prayed, it shall be the 
duty of the colloctor to report to the clerk a list of all the 
lands or town lots, as the case may be, upon which taxes and 
assessments have been paid, if any, from the filing of the 
list mentioned in the foregoing section up to that time, and 
the clerk shall note the fact opposite each tract upon which 
taxes or assessments have been paid. The collector, assisted 
by the clerk, shall compare and correct said list, and shall 
make and subscribe an afiidavit, which shall be, as near as 

Affidavit. may be, in the following form : " I, , col- 

lector of the city of Macomb, do solemnly swear (or aflirm, 
as the case may be) that the foregoing is a true and correct 
record of the delinquent lands and town lots within the city 
of Macomb, upon which I have been unable to collect the 
taxes and assessments, as required by law, for the year or 
years therein set forth ; that said taxes and assessments now 
remain due and unpaid, as I verily believe." Said afiidavit 
shall be entered on the record at the bottom of the list, and 
signed by the collector. The oath may be administered by 
the judge, clerk or any justice of the peace, who shall at- 
test the same. 

Duty of court. § 6. The court shall examine said list, and if defense or 
objection be ofi'ered by any person interested in any of 
said lands or lots to the entry of judgment against the same, 
the court shall hear and. determine the matter in a summary 
manner, without pleadings, and shall pronounce judgment 
as the right of the case may be, and shall direct the clerk 
to make out and enter an order for the sale of such real 
property, which shall be substantially in the following 
form : " "Whereas, due notice has been given of the in- 
tended_ application for a judgment against said lands and 



CITIES — NEW PKIVILEGE6. O^ 

town lots, and no owner hath appeared to make defense or 
show cause why judgment should not be entered against the 
said lands and town lots for taxes, assessments, interest 
and costs due and unpaid thereon, for the year or years 
herein set forth ; therefore, it is considered by the court Jucigmeut. 
that judgment be and is hereby entered against the afore- 
said tract or tracts of land, or parts of tracts (as the case 
may be), in favor of the city of Macomb, for the sum an- 
nexed to each tract or parcel of land or town lot, being the 
amount of taxes, assessments, interest and costs due sever- 
ally thereon ; and it is ordered by the court that said seve- 
ral tracts of land and town lots, or so much thereof as shall 
be sufhcient of each of them, to satisfy the amount of taxes, 
assessments, interest and costs, annexed to them, sever- 
ally, be sold as the law directs." 

§ 7. Said order shall be signed by the judge, and shall Appeals may 
have the same effect as judgments and orders made by the '*°^"'^®°- 
circuit court. Persons aggrieved by any decision of the 
county court in such cases shall have the right to appeal to 
the circuit court, by giving bond and security, payable to 
the city of Macomb, as required in cases of appeals. 

§ 8, The city collector of said city shall sell the lands collector's duty. 
and town lots under sach precept, and for such purpose 
may continue such sales from day to day until completed. 
The sale shall be made for the smallest portion of ground, 
to be taken from the east side of the premises, for which 
any person will take the same and pay the taxes or assess- 
ments thereon, with interest and costs of sale ; and shall certificates of 
execute certificates of purchase to the parchasers therefor, p'^'"'^^-^^*'- 
All applications for such judgment shall be made at the 
April term of said court, unless otherwise specially order- 
ed by the city council of said city — the said city council 
being hereby authorized to order such application to be 
made at any term of said court they may see proper. And 
all moneys received on any such sales shall be paid over to 
the treasurer of said city within ten days from such sale. 

§ 9. The right of redemption in all cases for [from] sales Rigijt of re- 
fer taxes or assessments shall exist to the owner, his heirs, laiJdr'soicf for 
creditors or assigns, to the same extent as is allowed by ^^^®^- 
law in cases of sales of real estate for taxes, on the pay- 
ment, in specie, of doable 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, femme 
c§vert or lunatic be sold under this act, the same may be 
redeemed at any time within one year after such disability 
is removed. If not redeemed according to law, a deed may 
be executed to the purchaser, under the corporate seal, 
signed by the mayor or presiding otficer of the city council, 
and countersigned by the clerk, conveying to such purcha- 
ser the premises so sold and unredeemed as aforesaid. An Abstracts 
abstract of all deeds so made and delivered shall be entered 
Vol.11— 12 



90 CITIES — NEW PRIVILEGES. 

hj the county clerk in the book wherein tax sales are re- 
corded. A fee of two dollars may be charged by the city 
clerk for any deed so issued. In case of redemption, the 
money shall be paid to the county clerk, and he shall issue 
a certificate of redemption therefor, and pay such redemp- 
tion money to the holder of such certificate of purchase. 
Like fees shall be allowed for publishing lists of delinquent 
lands and town lots and for the services of the county 
clerk and the city collector, for the duties performed by 
them under the provisions of this act, as are allowed the 
ofiicers performing like duties in making sales of lands and 
town lots for state and county purposes. Such costs shall 
be charged up against each tract of land, town lot or part 
of town lot, in the same manner as is required by law in 
making sales for state and county purposes. Such fees to 
be paid out of the money in the city treasury. 
sectiousofact § 10, Sections 8, 9, 10, 11, and the words " by order of 
repealed. ^|j^, ^^^y couccil," in sectiou 14 of article 9, of an act en- 

titled "An act to consolidate the several acts under which 
the city of Macomb was incorporated, and to amend the 
same," approved February 14th, 1857, are hereby repealed; 
Section twelve and sectiou 12 of article 13, of the same act, is hereby 
amended. amended so as to read as follows: "Every ordinance, 
regulation and by-law, imposing any penalty, fine, impris- 
onment or forfeiture for a violation of its provisions, shall, 
after the passage thereof, be published once in the newspaper 
publishing the ordinances of the city, and shall be in full 
force and take effect in three days after such publication ; 
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 be 
conclusive evidence of the legal publication and promulga- 
tion of such ordinance, regulation or by-law, in all courts 
and places. 

§ 11. This act is hereby declared to be a public act, and 
to take effect and be in force from and after its passage. 
Approved March 24, 1869. 



Iq force June -A.N ACT to amend the charter of the city of Macomb. 

19, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General AssemUy^ That here- 
change offlcsrs. after the offices of city assessor and collector, as established 
by section first of article two of the charter of said city, 
shall not be held by the same person ; but said offices shall 
be separate and distinct. 



CITIES — NEW PKIVILEGE8. 91 

§ 2. That the duties heretofore performed by the city compensaticn 
assessor and collector shall hereafter be severally discharged 
by the officers holding the offices herein created, agreeably 
to the appropriate powers conferred by existing laws and 
ordinances on the present city assessor and collector, in all 
respects; and their compensation, and their several liabili- 
ties, shall be the same as heretofore have attached to the 
said city assessor and collector, in the discharge of their 
several duties. 

§ 3. That section third (3d) of an act entitled "An act Act ameudea. 
to authorize the city of Macomb to elect supervisors and 
other officers," approved February 23d, 1867, be amended 
by adding thereto the following proviso, to wit : '■'•Provided, 
hoioever, that this section shall not be construed to allow 
the said assessor compensation for more additional days 
than the additional labor of this assessment will necessarily 
add to the time of assessment." 

Approved March 30, 1869. 



AN ACT supplementary to an act incorporating the city of Mason City, in In (^'^'^A.q'^P"^ 
Mason county, state of Illinois. ^^' ^''*'^- 

Section 1. Be it enacted hy the People of the State oj 
Illinois, represented in the General Assembly, That the provisions of 
provisions of an act entitled "An act to incorporate the act amended, 
city of Mason City," approved March 4th, 1869, be and 
the same are hereby so amended and altered, that the first 
regular election for the officers of said city, therein provi- 
ded for, may be held upon the (3rd) third Monday in June, 
A.D. 1SG9. That legal notice of said election shall first be 
given, and all the proceedings in regard to the same shall 
be conducted as required by said act and the laws of this 
state in similar cases : Provided, however, that the next 
regular annual election thereafter shall be held on the first 
Monday in April, 1870, and in every year thereafter, in 
accordance with the provisions of the act above named. 

§ 2. That the city council of the city of Mason City o/,g™'. '''^^ 
shall have power to restrain or prohibit the selling or giv- 
ing away of spirituous or malt liquors within the limits of 
said city. 

§ 3. That the city marshal and his deputies are hereby ^^t^'/,"^^"^"^'" 
authorized to execute all process of law, legally directed to 
them by the city judge of said city, anywhere within the 
limits of said Mason county : Provided, however, that said 
city judge shall not have jurisdiction over sums exceeding 
$100, where the cause of action arises outside the limits of 
Mason City. 



92 



CITIES —NEW PEIVILEGE8. 



§ 4. This act shall be deemed a public act, and shall be 
in force from and after its passage. 
Appkoved April 19, 1869. 



In force March AN ACT to amend an act entitled 
31, 1869. +„„ 



'An act to charter the city of Mat- 



Section 
amended. 



Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General AssemUy, That sec- 
13 tion thirteen of article fourth of an act entitled "An act to 
charter the city of Mattoon," approved February 6th, A.D. 
1867, be and the same is hereby amended so as to read as 
trfte'^'^^commis- -^^^-^^^^^ * "^^^^ ^^^J pdice magistrate shall be commissioned 
sioued by gover- by the govcruor of the state of Illinois as a justice of the 
^^^' peace, and, as such, shall give bond, and take and subscribe 

the same oath of office as is now or may hereafter be re- 
quired of justices of the peace by the laws of the state of 
Illinois. He shall possess the same powers, be liable to 
the same penalties, and entitled to. the same fees and com- 
jnrisdiciion. pensation, as other justices of the peace. He shall have 
original jurisdiction of all offenses made punishable by any 
ordinance or resolution of the city of Mattoon, and concur- 
rent jurisdiction, power and authority, in all cases whatso- 
ever, with other justices of the peace under the laws of 
of this state : Promded, that, upon oath being made by any 
defendant or defendants, that said police magistrate is so 
prejudiced against such defendant or defendants that he or 
they cannot have a fair and impartial trial before said police 
magistrate, a change of venue shall be granted in all cases 
to the nearest justice of the peace in said city, who is 
hereby invested, in all such cases, with all the authority of 
said magistrate, and who shall at once proceed to try the 
same : And, provided, also, that appeals sliall be allowed 
in all cases to the circuit court of Coles county, in the 
same manner as is provided by law regulating appeals from 
justices of the peace. 

§ 2. This act shall be a public act, and take effect from 
and after its passage ; and all acts heretofore passed in con- 
flict herewith is [are] hereby rcDcaled. 
Approved March 31, 1869. 



Change 
venue. 



CITIES — NEW PEIVILEQES. 93 



AN ACT to amend the charter of the city of Mendota. In force April 

15, 1809. 

Section 1. Be it enacted by the Feoj>le of the State of 
Illinois, represented in the Qeneral Assembly, That, iu Additions to 
addition to all the territory now contained within the limits ^^^ ^-'y- 
of the city of Mendota, there shall be added to said city, 
and embraced within its limits and subject to its ordinances 
and jurisdiction, all the additional territory embraced within 
the followino; boundary, viz : The west half (^) of section 
thirty-four, (3i,) township thirty- six (36) north, range one, 
(1,) and the north forty (iO) acres of the north-east quarter, 
(^,) and the north forty (40) acres of the north-west quarter, 
(J,) of section four, (4,) in township thirty-five (35) north, 
range one (1) east, third (3rd) principal meridian, all in the 
county of LaSalle. 

§ 2. Section two (2) of article two (2) of the charter of j^'«^^'°°g "^ 
the city of Mendota be so amended that the annual charter " ^° 
election of the city of Mendota of all officers of said cor- 
poration required to be elected by the charter of said city, 
or any ordinance thereof, shall be held on the second Tues- 
day of April in each year ; and upon that day a mayor 
shall be elected by the qualified voters of the city. There 
shall also be elected at the same time, in each ward, by the 
qualified voters thereof, one alderman to represent said 
ward in the city council. All officers elected or appointed 
under said charter, except aldermen, shall hold their office 
for one year, or until the election or appointment of their 
successors, respectively. All other officers mentioned in 
said cliarter, and whose election is not herein specially pro- 
vided for, shall be appointed by the city council, by ballot, 
on the third 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 
the mayor, to continue in office during the pleasure of the 
city council, and subject to removal by the mayor for good 
cause. All other officers elected or appointed to till vacan- 
cies shall hold for the unexpired term only, and until the 
election or appointment and qualification of their succes- 
sors. 

§ 3. In all suits, actions and prosecutions for the recov- suits instituted. 
ery of any fine, penalty or forfeiture incurred under the 
charter or ordinances of the city, process may be issued, 
returnable instanter; and such process shall state, substan- 
tially, the ofienses charged, and the title of the ordinance, 
and the section or sections or clause of the charter or ordi- 
nance, under which the same is claimed. Such process 
may be issued upon the information of the mayor, the 
marshal, or any police officer, in his official capacity, and 
upon information, upon oath, by any other person. 



u 



Jurisdiction of 
police magis- 
trates. 



CITIES — NEW PEIVILEGES. 

§ 4. The police magistrate, or any justice of the peace, 
shall, upon information of any violation of any penal 
clause of the city charter, or of any penal ordinance of the 
city, issue a warrant, directed to the city marshal, or any 
police constable, or any other officer authorized to execnte 
the same, commanding him forthwith [to] apprehend the 
offender, and bring him before him, or any other compe- 
tent court; and if, upon the trial, it shall appear satisfactory 
to the court and jury, alter hearing the evidence and proof 
adduced in the case, that the accused has been guilty of 
tbe violation and offense complained of, such fine, penalty, 
forfeiture or imprisonment may be imposed and adjudged 
against the offender as may be prescribed by the charter 
or ordinance. Ko process shall be necessary when the 
offender is arrested without warrant, and brought before 
the court ; but an entry of the cause, time and place of 
arrest shall be made upon the docket of the court, and trial 
had in the same manner as if process had been issued. 

§ 5. This act shall be deemed a pubhc act, and be in 
force from and after its passage. 

Approved April 15, 1869. 



In force Maich 
29, 1889. 



AN ACT to amend the charter of the city of Morris. 

Section 1. £e it enacted hy the Feo])le of the State of 
Illinois^ represented in the General Assembly, That chap- 
ter four (4) of said charter be amended by adding thereto 
the following : The common council shall have power, by 
ordinance, to cause any and all streets, gutters, alleys, side- 
walks and crosswalks to be graded, paved or planked, and 
constructed, and be kept in repair ; and may assess, or 
cause the costs of the same to be assessed, upon such per- 
sons or property as are benefited thereby, and may compel 
the payment of the same in any manner not inconsistent 
with the constitution of this state. 

§ 2. To cause any part of the city to be drained, and 
all obstructions which have been, or may be placed in any 
drain, ditch, channel, sewer or water course, to be removed, 
and any drain, ditch, channel, sewer or water course to be 
opened and kept open ; and to compel the payment of all 
the costs and expenses of the same, either by assessment 
upon the property, or by fine or imprisonment, or both, 
upon the person or persons who either placed, ordered or 
caused such obstruction to be placed therein, or upon the 
owner or occupant of the premises, in the same manner as 
is provided for the removal of nuisances, in section eleven 
(11) of chapter seven (7), or otherwise, and without ordi- 



CITIES — NEW PEITILEGES. 95 

nance, to appoint and give full power to any person, to re- 
move such obstructions and open any drain, ditch, sewer, 
channel or water course, and to go upon or into any prem- 
ises for that purpose ; and any person who shall resist, 
oppose or interfere with such appointee, or being the owner 
or occupant of the premises, shall neglect or otherwise re- 
fuse to keep open and free from obstructions any drain, 
ditch, sewer, channel or water course, shall be lined in any 
sum, not less than twenty nor more than five hundred dol- 
lars, for each offense. 

§ 3. To regulate, by ordinance, the assessment and col- Levy and col- 
lection of all taxes and assessments, so that the same may ^°'^'*°° °^ ^*"^" 
be assessed and collected by the same officers, and at the 
same time as the state and county taxes now are assessed 
and collected ; and all taxes so assessed and collected shall 
be as valid a lien upon property, and all provision for the 
collection and the sales of property for the non-payment of 
said taxes, shall be as valid and binding as the collection 
and sales of property for state and county taxes now are. 

§ 4. To compel persons upon whom any fine, forfeiture Lai.or on the 

'^ li. • • 1 i. ' I i.1 J i. n streets and al- 

or penalty is imposed, to labor on the streets, alleys or leya. 
elsewhere in the city, for such time and in such manner as 
may be provided by ordinance. 

§ 5. To declare that it shall be unlawful for any hall, Ejn-ess for the 
theatre, opera house, church, school house, or building of Euiidings""^ ^ 
any kind whatsoever, to be used for the assemblage of peo- 
ple, unless the same il jjrovided with ample means for the 
safe and speedy egress of the persons therein assembled, in 
case of alarm. 

§ 6. All laws or parts of laws, conflicting or inconsist- f°"^<^l\°§ 

" . , , ,' , 1 ' 1 "it acts repsaled. 

ant with these amendments, are hereby repealed. 

§ 7. This act shall be a public act, and be in force from 
and after its passage. 

Approved March 29, 1869. 



AN ACT to amend "An act to incorporate the city of Murpbvsboro," ap- In {£F . a.^J^'^^- 
proved March 5, 1867. •^, isoa. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That no ^^ construction 
part of said act, to which this is an amendment, shall be so 
construed as to include the inhabitants or temtory in the 
east and south side of Big Muddy river, as included in or 
forming any part of said city of Murphysboro. 

§ 2. This act shall be deemed and taken as a public act, 
ana shall be in force from and after its passage. 

Approved March 27, 1869. 



96 CITIES — NEW PEIVILEGES. 



In force April AX ACT to amend the charter of the city of Xauvoo, and to reduce the 
1, 18C9. several acts relating thereto, into one act. 

ARTICLE I. 

OP THE BOUXDARIES. 

Section 1. Be it enacted ly the Peojple of the State of 
Illinois, represented in the General Assetmly^ That the 

Corporate pow- inhabitants of the city of J^auvoo, in the county of Hancock^ 

*"• in the state of Illinois, be|and the same are hereby declared 

a body politic and corporate, by the name and style of 

NameandBtyie. "The City of Nauvoo;" and, by that name, shall have per- 
petual succession, and by that name may sue and be sued, 
contract and be contracted with ; may acquire, purchase, 
lease, receive and hold real estate, personal and mixed 
estate ; may sell, bargain, convey, lease or otherwise dis- 
pose of the same; may have and use a common seal, which 
they may alter at pleasure. 

Boondaries. § 2, The boundaries of said city shall include within 

their limits all within the following boundaries: Com- 
mencing at the low water mark on the bank of the Missis- 
sippi river, at the southwestern upper corner of section one 
(1), in township number six north, of range nine (9) west, of 
the fourth principal meridian, in Illinois, and from thence 
■ running east, on the south line of section one (1), in town- 
ship number six north, of range nin^ (9) west, of the fourth 
principal meridian, in Illinois, to the southeast corner of 
Kimball's addition to Nauvoo, and thence running east to 
the southeast corner of Bax'nett's addition toNauvoo ; thence 
north to the northeast corner of said Barnett's addition to 
Nauvoo ; thence north to the township line of township 
number seven (7) north, of range num.ber eight (S) west, of 
the fourth principal meridian, in Illinois ; thence west to 
the southeast corner of the southeast quarter of section 
thirty-six (36), in township number seven (7) north, of range 
number nine (9) west, of the fourth principal meridian, in 
Illinois ; thence running north on the east line of said quar- 
ter section to the northeast corner thereof; thence west on 
the north lino of the southeast and southwest quarters of 
said section thirty-six (36), in said township number seven 
(7) north, of range nine (9) west, of the fourth principal 
meridian, in Illinois, to the northwest corner of the south- 
east quarter of section thirty-six (36), in said township 
number seven (7) north, of range number nine (9) west, of 
the fourth principal meridian, in Illinois ; thence north on 
the west line of the northwest quarter of said section thirty- 
six (36), in said township number seven (7) north, of range 
number nine (9) west, of the fourth principal meridian, in 
Illinois, to the centre of the main or principal channel of 
the Mississippi river ; thence down the centre of the main 



OrriES — NEW PRIVILEGES. ^^ * 

or principal channel of the Mississippi river, to a point duo 
south of the place of beginning, and from thence north, to 
the place of beginning. 

§ 3. That all the territory contained within the boun- Limit i;ound- 
daries specified in the preceding section, are hereby in- *"^^' 
eluded, and constitute a part of the city of Nauvoo, whether 
the same be land or water ; and hereafter it shall be obliga- 
tory on all city oflScers and citizens to regard said lines as 
the boundaries of said city of Nauvoo, as established. 

ARTICLE II. 

OS- THE OITJ- OOU.NCIL. 

Section 1. There shall be a city cauncil, to consist of a city council, 
mayor and board of aldermen. 

§ 2. The board of aldermen shal i consist of two mem- Aldermen. 
bers from each ward, to be chosen ' ^^y the qualified voters, 
for two years. 

§ 3. JN'o person shall be an al^'j^^^^^n unless at the time Qnaimcaticu 
of his election he shall have rr ^{^q^ one year within the °^ 'i^'^^'^"^-"' 
limits of the city, and shall be ^^ ^^q ^i^^q of his election, 
twenty-one years of age, and ^citizen of the United States, 
and be a freeholder in said ' .;j.«. 

§ ri. If any alderman g^'aJ* after his election, remove Removal from 
from the ward for which ^,.^ ^^^^ ^;^ected, or cease to he^^^^^'^^- 
freeholder m said city. ^ ^^^^ ^Uall thereby be vacated. 

§5. The present ^MeLen of said city, elected at the Term or omce. 
ast general electio ^ . for two years, shall hold 

1 § ,?• ^^' 3 city council shall ia. ige of the qualifications, ,S-teaeiec- 
andshal'"-^ retLTof^LeStii I of their own members, 
' o^ a determine all contested e/ections .,:H,tA aonnmm 

^ §7 . A majority of the city co uncil shall constiUe a Quorum. 
}^^ rum to do business, bat a smalh t number niay adjou n 
-om day to day and compel the atte uclance ot absent mem- 
bers, under such penalties as may be prescribed by oiai- 
iiance. . ,, 

§ 8. Tlie city council shall have • power to Jetermmo^^^^^ ju.s^or pr<. 
rules of its proceedings, punif Ai its n ^embers or ^^^l^f^'^^^ 
conduct, and with the concurr enceof- two-thirds ot the mem 
bers elected, expel a member , . , ,. .._ ^,0. joumai of 

§ 0. The city council s) jalUeep a journal ot its pio .^ccedings. 
ceedings, and the yeas and ^Ls, wb ^^n demanded b) any 
member present, shall be r entered out he journa . j.y.cancy. 

§ 10. All vacancies tl T shall occ "ur ^» 1^^^^^;"^^^ 
aldermen shall be filled b /election ; an ^ ^^^.^^Xt^e X, 
be appointed to any offic / under the a\ ithority ot the my 
which has been created, "'r the e^olua> ents ot which shall 

Vol. II— 13 ' r^'^' ,.r 



§8 CITIES NEW PEITILEGE8. 

have been increased during the time for which he shall 
have been elected. 

Oath of office. § H. The major and each alderman, before entering 
upon the discharge of the duties of their office, shall take 
and subscribe an oath that he will support the constitution 
of the United States and of this state, and that he will well 
and truly perform the duties of his office to the best of his 
skill and abilities. 
Tie vote, how § 12. "Whenever there shall be a tie in the election of 

determined. .^^y officer of Said citj, the city council shall determine the 
same, by lot, in such manner as shall be provided by ordi- 
nance. 
Office declared § 13. Whenever any officer elected in said city, shall fail 

vacant. ^^ qualify as herein provided, and as provided for by ordi- 

nance, within twenty days after he shall have been notified 
of his election, his office shall be thereby vacated. 

Duties of clerk. § U^- The clei'k of said city shall keep all the books and 
papers belonging to said city ; shall attend all meetings of 
the city council, and shall keep a full record of their proceed- 
ings upon the journal ; and copies of all papers, duly filed in 
his office, transcripts of the journal of the proceedings of the 
city council, and all ordinances, duly certified by him, under 
the corporate seal, shall be evidence in all courts, in like 
manne':U8 if the originals were produced. He shall draw all 
warrants upon the treasury, and countersign the same, and 
keep an accurate account thereof in a book to be provided 
for that purpose. He shall have power to administer oaths 
and affirmations, and shall have power to take the acknowl- 
edgments of all deeds of conveyance executed by the city 
or any officer of said city, and certify the same under his 
hand and the seal of the city. 

MarehaL § 15, The marshal appointed by the city council shall 

give bond, with good and sufficient security, to the city 
council of the city of Nauvoo, in the penal sum of five hund- 
red dollars, for the use of all persons interested, and con- 
ditioned for the faithful discharge of the duties of his office, 
and for the payment of all moneys collected by him to the 
person or persons entitled to receive the same. He shall 
take the same oath now required to be taken bythe mar- 
shal of the city of Nauvoo, and shall have full power to 
execute all process, in any part of the county of Hancock, 
and shall be subject to all the liabilities of constables. 

compensatioa. § 16. The officers of the city shall receive such fees, sal- 
ary or other compensation as the city council may provide 
by ordinance, and shall be exempt from serving on juries, 
and from road and street labor. 



OITIKS — NEW PBIVILE0E8. 99 

ARTICLE III. 

OF TOE CHIEF EXECOTIVE OFFICER. 

Section 1. The chief executive officer of the city shall ^^^yo^'- 
be a mayor, who shall be elected by the qiialilied voters of 
the city, and shall hold his office for one year, and until 
his successor shall be elected and qualified. 

§ 2. No person shall be eligible to the office of mayor ^^ Qualifications 
who shall not have been a resident of the city for one year °^™"^*"'' 
next preceding his election, or who shall be under the age 
of twenty-one years, or who shall not, at the time of his 
election, be a citizen of the United States, and bo a free- 
holder in said city. 

§ 3. If any mayor shall, during the time for which he shall Vacancy. 
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 Tie. how de- 
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 shall be pro- 
vided by ordinance. 

§ 5. Whenever an election of mayor shall be contested, ^ contested eiec- 
the city council shall determine the same in such manner 
as may be prescribed by ordinance, and shall have power 
to provide by ordinance for the taxing the costs, arising 
from such contest, to the unsuccessful party. 

ARTICLE IV. 

OF ELECTIONS. 

Section 1. On the the third Monday in the month of ^'^^'^^f^ "J?J™^" 
April, A. D. 1869, an election shall be held in each ward 
of sail city of Nauvoo,for one mayor for said city, and one 
alderman for each ward in said city ; and forever thereafter, 
on the third Monday in April of each year, there shall be 
an election held, for one mayor for the city of Nauvoo, and 
one alderman for each ward of said city, and for such other 
officers as are made elective by ordinance of said city. 

§ 2. On the third Monday in the month of April, in the EiecMon of 
year A. D. 1870, and every four years thereafter, on the °*"'=^'^- 
third Monday in the month of April, there shall be elected 
one police magistrate for the said city of Nauvoo. Said police 
magistrates shall be elected by the legal voters of said city 
of Nauvoo, and shall hold their office for four years and 
until their successors shall be duly elected and qualified : 
Provided, that the present police magistrate of the city of 
Nauvoo shall hold his office until his successor shall have 
been duly elected and qualified under this act. 

§ 3. The police magistrates of said city of Nauvoo shall Duties of po- 
be governed by the provisions of an act entitled "An act "*^° magistrate. 



100 CITIES — NEW PEIVILEGES. 

for the better government of towns and cities, and to amend 
the charters thereof," passed by the general assembly of 
the state of Illinois, and approved February 27, 1854, and 
shall have such other jurisdiction as provided for in this 
act. 
Jurisdiction. § 4. The jurisdiction of the police magistrates of said 

city and the jurisdiction of the justices of the peace residing 
within the corporate limits of said city of Nauvoo, be and 
is hereby extended to the amount of three hundred dollars, 
in causes of action arising within said city, or where service 
is had upon the defendants within the city. 
Vacancy filled § 5. All vacancies in the office of police magistrate 
by election. gjjg^j^ j^g gp^ed by election, and the person elected to fill the 
vacancy shall hold his office for the unexpired term, and 
until his successor shall be duly elected and qualified. 
Judges and § 6. All elections in the city of ]N"auvoo for city officers, 
clerks of e ec- ij^giu,(jij-jg ^]^g election for police magistrate, shall be held 
by one judge, assisted by one clerk in each ward of said city, 
who shall each take the oath that they will faithfully dis- 
charge the duties of their office according to law, and that 
they will studiously endeavor to prevent fraud, deceit an d 
abuse in conducting the same. The city council shall ap' 
point the judges and clerks ; but in case no appointment 
is made, or those appointed shall decline, or fail to serve, or 
shall not be present at the time for opening of the polls, 
the electors present may select any of their number to act 
as judge or clerk, as the case may be. 
Time of open- § 7. The poUs shall be opened at eight o'clock in the 
mg polls. morning, and shall be closed at six o'clock in the evening. 

The election shall be conducted according to the general 
election laws of the state of Illinois : Frovided, that no law 
of the state of Illinois, requiring a registry of voters, shall 
apply to elections held under this act. After the polls are 
closed, the judge and clerk of each ward in said city shall 
canvass the ballots, and certify the result to the city coun- 
cil. And all the ballots, poll books, affidavits, and papers 
shall, within three days after the election, be filed in the 
office of the city clerk. 
Qaaiiflcations § 8. All free white male inhabitants, over the age of 
of electors. twenty-one years, who are entitled to vote for state officers, 
and who shall be actual residents of said city ninety days 
next preceding any election, shall be entitled to vote for 
city officers : Provided, that said voters shall vote in the 
wards in which they respectively reside, and in no other : 
And^ 'provided, they shall have resided in the ward in 
which they offer to vote, at least ten days next preceding 
such election. 



CITIES — NEW PRIVILEGES. lOl 



ARTICLE V. 
THE CITY COCXCIL AND ITS LEGISLATIVE POWERS. 



Section 1. The city council sliall have power and au- Levy and coi- 
tliority, annually, to levy and collect taxes upon all property, ^^'^^ ^^' 
real, personal and mixed, within the limits of the city, not 
exceeding ten mills per annum upon the assessed value of 
such property, and may enforce the payment of the same 
in any manner to be prescribed by ordinance, not repug- 
nant to the constitution of the United States, and of this 
State ; which said tax shall constitute the general fund, and 
may be used to defray the general and contingent expenses 
of the city, not herein otherwise provided for. 

§ 2. To annually levy and collect taxes, on all property T^forpnbiic 
subject to taxation within said city, for state and county ^ °^' 
purposes, when necessary, for the erection of, and main- 
tenance of, a city hall, market house, city prison, engine 
house, and for the maintenance of cemetery grounds, and 
for other public improvements : Provided^ that no tax for 
such purposes shall be levied in any one year which shall 
exceed live mills on the dollar of the assessed valuation. 

§ 3. To require and it is hereby made the duty of every inhabitants re- 
male resident of the city, over the age of twenty-one years, on^lfreeV^^d 
and under the age of sixty years, to labor not less than three ^^^^y^- 
days nor more than five days in each year upon the streets, 
alleys and highways of the city ; but any person may at 
his option pay in lieu of such labor, such sum of money as 
may be provided by ordinance, not exceeding the rate of 
two dollars per day : Provided^ the same shall be paid 
within three days after notice by the street supervisor is 
given to perform such street labor. In default of payment, 
as aforesaid, and of the labor assessed, the sum of two dol- 
lars per day, and cost, shall be collected, and no set-off shall 
be allowed in any suit brought by the city to collect the 
same. 

§ 4. The city council may adopt the assessment of gtScasSmcnt 
property for taxation, made by the township assessors of^ 
Nauvoo and Sonora townships, for state and county pur- 
poses. And in that event, they shall cause the city clerk 
to certify to the county clerk of Hancock county, Illinois, 
on or before the second Monday in August, in each and 
every year, the rate of taxes ordered to be levied and col- 
lected, together with a list of the persons in said city liable 
to pay city taxes on personal property, and the county 
clerk shall extend the corporation taxes upon the collector's 
books in the same manner as school taxes are extended, in 
accordance with the rate so certified to him ; and it is hereby 
made the duty of the township collectors and the county 
collector to collect such taxes and enforce the payment 
thereof, at the same time, and in the same manner, as the 



102 CITIES — NEW PET\^ILEGE8. 

Other taxes, and for that purpose, they shall each have 
the same powers and rights that they have to collect the 
other taxes; and the said collectors shall pay the same over 
to the treasurer of the city of Nauvoo, at the same time 
they are required to pay over the other taxes, and they 
shall receive the same compensation therefor as fur the 
state taxes. And the proper court shall render judgment 
for the sale of any lot or other real estate for non-payment 
of the city taxes, the same as for the non-payment of the 
other taxes ; and the judgment may be for the aggregate of 
all the taxes, including the state, county, town and other 
taxes, or for the aggregate of the city taxes, separately from 
the others, and no error in that respect shall invalidate any 
judgment or sale. The several collectors shall be liable on 
their official bonds for the faithful performance of their du- 
ties under this act. 

§ 5. The city council shall have power to appoint a clerk, 
attorney, treasurer, marshal, supervisors of streets, and all 
such other officers as may be necessary. 

^ GiTC bond and § g. The city couucil shall have power to require of all 
officers appointed in pursuance of this charter, or of the 
ordinances of said city, bonds with penalty and security for 
the faithful performance of their respective duties, as may 
be deemed expedient, and also to require of all officers ap- 
pointed as aforesaid, to take an oath of office for the faithful 
performance of their respective duties before entering upon 
the discharge of the same. To establish, support and reg- 
ulate common schools ; to borrow money on the credit of the 
city : JProvided^ that no sum of money shall be borrowed 
at a greater interest than ten per cent, per annum, nor shall 
the interest on the aggregate of all sums borrowed and out- 
standing, ever exceed one-half of the city revenue arising 
from taxes assessed on real estate within the limits of the 
corporation. 

Appropriations, g 7. To appropriate money and provide for the payment 
of the debts and expenses of the city. 

hos^ftaia**^^'^''^ § ^* ^^ establish hospitals and make regulations for the 
government of the same, and to make regulations to pre- 
vent the introduction of contagious diseases into the city ; 
to make quarantine laws for that purpose and enforce the 
same within five miles of the city. 

General health. § 9. To make regulations to secure the general health 
of the inhabitants of the city ; to declare what shall be a 
nuisance, and to prevent and remove the same. 

weii3, cisterns, § 10. To provide the city with water ; to erect hydrants 
and pumps in the streets for the convenience of the inhab- 
itants ; to provide for lighting the streets and erecting lamp- 
posts. 
Improvement 8 n. To opeu, alter, abolish, extend, lay out, establish, 

of street?, lanes ^ -, l-u • • ii • • <. t 

ani Riieys. grade, pave or otherwise improve and keep in repair, streets, 
avenues, lanes and alleys, and to prevent the obstruction 
thereof. 



CITIES — NEW PJilVILEGES. 103 

§ 12. To establish, erect and keep in repair, bridges, Erect bridges, 
culverts, drains, sewers, sidewalks and crossings, and to 
regulate the construction of the same, and 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 control the iilliug up, altering or 
changing the channels thereof by private persons. 

§ 13. To divide the city into wards, alter the bounda- ^^^^ ^^^^ 
ries thereof, and create additional wards as the occasion 
may require. 

§ 14. To create, establish and regulate the police of the Pouce.etc. 
city. To prevent, suppress and punish riots, routs, unlaw- 
ful assemblages, assaults, assaults and batteries, disturban- 
ces of religious or public meetings, breaches of the peace, 
fighting, challenging to fight, quarreling, threatening and 
all other disorderly conduct calculated to provoke a breach 
of the peace or create a disturbance, or which is against 
good morals or public decency, and to restrain and punish 
vagrants, mendicants and prostitutes. 

§ 15. To erect market houses, establish markets and markefhouse's'^ 
market places, and provide for the government and regula- 
tion thereof; and to provide for the erection of all needful Needfnibuiid- 
buildings for the use of the city, and to provide for inclos- °*^^' 
ing, improving, ornamenting and regulating all public 
grounds belonging to the city. 

§ 16. To improve and preserve the navigation of the Erect wharves. 
Mississippi river, within the the limits of the city, and to 
erect, establish, repair and regulate public wharves and 
docks, and condemn private property therefor, and to reg- 
ulate the erection and repairs of private wharves and to 
regulate the rates of wharfage thereat. 

§ 17. To regulate, restrain and prohibit the running at lar^"'^/ '^°r48 
large, within the limits of the city, of horses, mules, cattle, anf cattle. °^^^^ 
swine, dogs, sheep, and other animals, to authorize the dis- 
training, impounding and sale of the same, when found 
running at large contrary to ordinance ; and to authorize 
the destruction of dogs, when found running at large con- 
trary to ordinance, and to impose penalties, fines and forfeit- 
ures upon the owners or keepers of such horses, mules, cat- 
tle, swine, dogs, sheep, and other animals. 

§ 18, To direct and control the laying out and con- Raiiroadtracks 
struction of railroad tracks, crossings, bridges, turnouts and "° "°^^ ^*' 
switches, within the city limits ; to make necessary rules 
and regulations for keeping the same unobstructed ; to reg- 
ulate the speed that railroad engines and trains may run 
within the city limits, and to prevent the obstruction of 
streets, alleys and highways by the standing of cars upon 
the same ; and to require railroad companies to keep their 
bridges, ditches and crossings, within the limits of the city, 
in such condition as shall not endanger the life or the health 
or convenience of any inhabitants of the city. 



104 



OITIES — NEW PEIVILEGES. 



Fines and pen- 
alties. 



Auctioneers, 
peddlers, etc. 



Exhibitions. 



Bawdy houses. 



Extinguishment 
of fires. 



Combustibles. 
Walls, fences. 



Inspection of 
lumber, etc. 



Forage and fuel. 



Beef, pork 
and flour. 



Butter, lard, etc. 



§ 19. The city council shall have power to impose fines, 
forfeitures and penalties for the breach of any ordinance, 
not exeeediDg one hundred dollars for any one offense, and 
to provide for the punishment of offenders by imprison- 
ment in the city prison or in the common jail of Hancock 
county, not exceeding sixty days for any one offense, in 
addition to the fine, forfeiture or penalty ; and they may 
provide, by ordinance, that any person against whom the 
city shall recover any fine or penalty or forfeiture for vio- 
lation of any section of this act, or ordinance of the city, 
shall stand committed to the city prison or to the jail of 
Hancock county until the fine, forfeiture or penalty and 
costs are paid, or until the same are discharged by labor on 
the streets of the city, or otherwise discharged by order of 
the city council. 

§ 20. To license, tax and regulate auctioneers, mer- 
chants, retailers, grocers, taverns, ordinaries, hawkers, ped- 
dlers, brokers, pawnbrokers and money changers ; to license, 
tax and regulate hackney carriages, wagons, carts and drays, 
and fix the rates to be charged for the carriage of persons 
and the wagonage, carriage and drayage of Jproperty ; and 
to license, tax and regulate porters, and fix the rate of por- 
terage, 

§ 21, To license, tax and regulate theatrical performan- 
ces, exhibitions, shows, and other amusements, 

§ 22, To tax, restrain, prohibit and suppress tippling 
houses, dram shops, gambling houses, bawdy houses, and 
other disorderly houses. 

§ 23, To provide for the prevention of and extinguish- 
ment of fires, and to organize and establish fire companies, 
and to regulate the building of wooden buildings in any 
part of the city. To regulate the building of chimneys 
and the flues thereof. 

§ 24. To regulate the storage of gunpowder, tar, pitch, 
rosin, kerosene or coal oil, and other combustible materials. 

§ 25. To regulate and order parapet walls and partition 
fences, within the city ; and to establish standard weights 
and measures, and to regulate the weights and measures to 
be used in the city, in all cases not otherwise provided for 
by law. 

§ 26. To provide for the inspection and measuring of 
lumber and other building materials, and for the measure- 
ment of all kinds of mechanical work. 

§ 27. To provide lor the inspection and weighing of hay 
and stone-coal, the measuring of charcoal, firewood, and 
other fuel to be sold or used in the city. 

§ 28. To provide for and regulate the inspection of to - 
bacco, and of beef, pork, flour, meal and whisky and wino, 
in barrels. 

§ 29. To regulate the inspection of butter, lavdj an^ 
other provisions. 



CITIES — NEW PKIVILEGES. 105 

§ 30. To regulate the weight, quality and price of bread Prfcc of bread. 
to be sold and used and in the city, 

§ 31. To regulate the size of bricks to be sold and used in size of bricks. 
the city. 

§ 32. To provide for the taking of the enumeration of of^^Sntl"" 
the inhabitants of the city, 

^ 33. To regulate the election of city oflBcers, and to Election of 

".,„ o. ^ yv-. '' iij- „ cityoflicers. 

provide for removing from omce any person holding an 
office created by ordinance. 

§ 34. To fix the compensation of all city officers, and compensation. 
to regulate the fees of others, for services rendered under 
this act or any ordinance of the city. 

§ 35. To regulate and establish night watches, and pro- Night-watcUcs. 
vide for the recovery and appropriation of all fines, forfeit- 
ures and penalties for the breach of any ordinance of said 
city or of this charter, and to enforce the same in any man- 
ner not repugnant to the constitution of the United States, 
or of this state. 



36. The city council shall have exclusive jurisdiction, 



To regulate 
ferries. 



by ordinance, and power to license, regulate and restrain 
the keeping of ferries, and to license, suppress and restrain 
billiard tables, Jenny Lind tables, and ten-pin alleys. 

§ 37. The city council shall have power to make all or- , Power to pass 

.«J 1 • 1 1 n 1 -"^i r • laws for govern- 

dmances which shall be necessary and proper lor carrying mentofthecity 
into effect the powers specified in this act, so that such 
ordinances be not repugnant to nor inconsistent with the 
constitution of the United States or of this State. 

§ 38. The style of the ordinances of the city shall be, style of ordi- 
"^e it ordained by the City Council of the City of Nauvoo.'''' °'^°'^*^*' 

§ 39. The city council shall have power and authority when ordinan- 
to direct the time and the manner all ordinances of said city ^^^t^^® ^^®^^- 
shall go into effect. 

§ 40. All the officers of the city (aldermen included) ^^^e^t-^^wuh 
are hereby created conservators of the peace, and shall have ces^ 
power to arrest or cause to be arrested, with or without 
process, all persons who shall be guilty of disorderly con- 
duct, or who shall break w threaten Jo break the peace, 
and, if necessary, detain such persons in custody, over 
night, in the city prison or other safe place ; and shall have 
and exercise such other powers, as conservators of the 
peace, as the city council may prescribe by ordinance. 

§ 41. All ordinances of the city of Nauvoo may bo Evidence of 
proven by a copy thereof, certified by the clerk, under his ^nSl^ 
hand and the corporate seal of the city, and, when printed 
and published in book or pamphlet form, shall be evidence 
in all courts and places without further proof. 

§ 42. It shall be the duty of the cit}'' council to have Publication ^f 
the ordinances of said city revised and published, in book ^^"^^^ 
or pamphlet form, as early as convenient ; and until such 
revision and publication, the ordinances of the city of Nau- 

Vol. 11-14 



106 CITIES — ^NEW PEIVILEGES. 

voo shall be and remain in full force and effect as the or- 
dinances of said city. 
Farther pow- § ^3. The citj council of the city of Nauvoo shall have 

ers of council. ^^^ ^^ j^y excrcise such other and further powers, by ordi- 
nance or otherwise, not inconsistent herewith, as the city 
council of the city of Quincy has, by law. 

Taxation. § 44. The city council shall have power, by ordinance, 

to annually levy and collect, in the manner specified in sec- 
tion one of this article, a tax, not exceeding ten mills on 
the dollar on all property subject to taxation within the 
limits ©f the city, for the purpose of keeping in repair and 
and maintaining the streets, lanes and alleys in said city. 

ARTICLjE VI. 

OS THE MAYOR. 

Mayor to pre- SECTION 1. The mayor shall preside at all meetings of 

jnga/** *^* ™®^'' the city council, and shall have the casting vote in case of 
a tie and in no other. In case of the non-attendance of the 
raayor at any meeting, the board of aldermen shall appoint 
one of their members as chairman, who shall preside at 
the meeting. 
Special meat- § 2. The mayor, or any two aldermen, may call special 

"^^'' meetings of the city council. 

•Aetiveandvigi- § 3. The mayor shall, at all times, be active and vigilant 

ing iaw8.*° °^'^' in enforcing the laws and ordinances for the government 
of the city. He shall inspect the conduct of all subordinate 
of^cers 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 
information and recommend ail 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, and shall sign all orders drawn on the treasury. 
Inhabitants to § 4, The mayor is hereby authorized to call on all male 

faws^ ""^^""^"^^ inhabitants of said city, over the age of eighteen years, to 
aid in enforcing the laws and ordinances of the said city, 
and quelling riots ; and any person who shall not obey such 
call shall forfeit to the said city a fine not exceeding ten 
dollars. 
Exhibit ©f § 5. He shall have power, whenever he may deem it 

pers.* *° ^""necessary, to require of any officer of the city an exhibit 
of his books and papers. 

Execute all acts. § 6. He shall have power to execute all acts that may 
be required of him by any ordinance made in pursuance of 
this act. 

General powers. § 7. He shall have power and authority to administer 
oaths, to take depositions, the acknowledgments of deeds, 
mortgages, and all other instruments of writing, and certify 
the same under the seal of the city, which shall be good 
and valid in law. 



CITIES — NEW PRIVILEGES. 107 

§ 8. He shall receive for his services such salary as shall Mayor g eaiary. 
be fixed by ordinance of the city. 

§ 9. In case the mayor shall at any time be guilty of a when mayor 
palpaple omission of duty, or shall willfully and corruptly Cndact!*^ ™*'' 
be guilty of oppression, malconduct or partiality in the 
discharge of the duties of his ofHce, he shall be liable to be 
indicted in the circuit court of Hancock county, and, on 
conviction, be fined not to exceed two hundred 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 office. 

ARTICLE Vir. 

PR0CBKDIXG3 IN SPECIAL CASES. 

Section 1. "Whenever it shall be necessary to take pri- condemnation 
vate property for opening, widening or altering any public 
street, lane, avenue or alley, the city shall make a just 
compensation therefor to the person whose property is so 
taken ; and if the amount cannot be agreed upon, the maj^or 
shall cause the same to be ascertained by a jury of six dis- 
interested freeholders of the city. 

§ 2. "When the owners of all the property fronting on opening streets 
a street, lane, avenue or alley proposed to be opened, wi- ''^ ° ^^^^' 
dened or altered, shall petition therefor, the city council 
may open, widen or alter such street, lane, avenue or alley 
upon conditions to be prescribed by ordinance ; but no 
compensation shall in such cases be made to those whose 
property shall be taken for the opening, widening or alter- 
ing sucii street, lane, avenue or alley, nor shall there be 
any assessment of benefits or damages that may accrue 
thereby to any of the petitioners. 

§ 3. All persons impannelled to inquire into the amount costs andex- 
of benefits or damages which shall happen to the owners of P^g7»!f. '°^°*'' 
property proposed to be taken for opening, widening or 
altering any street, lane, avenue or alley, shall first be 
sworn to duly assess the damages as well as the benefits 
arising from such opening, widening or altering such street, 
lane, avenue or alley, and shall return to the mayor their 
inquest, in writing, signed by each juror. 

§ 4. In ascertaining the amount of compensation for ^enefl^ts and 
property taken for opening or widening or altering any 
street, lane, avenue or alley, the jury shall take into con- 
sideration the benefits as well as the injury happening by 
such opening, widening or altering such street, lane, ave- 
nue or alley. 

§ 5. The mayor shall have power, for good cause shown. New inquest. 
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. 



108 CITIES — NEW PRIVILEGES. 

Special tax. § 6. The City council shall have power, by ordinance, 

to levy and collect a special tax on the lot or lots fronting 
on any street, lane, avenue or alley, or part of any street, 
lane, avenue or alley, according to their respective fronts 
owned by any person or persons, for the purpose of paving 
and grading the sidewalks, and lighting such streets, lanes, 
avenues or alleys. Said tax, so levied, shall be collected in 
the same manner as other city taxes are collected, or the 
city council may provide, by ordinance, any other mode to 
collect the same, not in conflict with this charter. 

ARTICLE VIII. 

MISCELLANEOUS PROVISIONS, 

Exempt from SECTION 1. The inhabitants of the city of Nauvoo are 

roadiaiDor. hereby exempted from working on any road beyond the 
limits of the city, and from paying any tax to procure labo- 
rers to work upon the same. 

iPunishmentof § 2. The city coupcil shall have power to provide, by 

offendeis. ordinance, for the punishment of ofi'enders, by imprison- 
ment in the county jail or in the city prison, in all cases 
when such offenders shall fail or refuse to pay the fines, 
forfeitures or penalties which may be rendered against 
them. 
Pnbiicatioii of § 3. The city council shall cause to be published annu- 

Sent?^^^ ^^**^" ally a full and complete statement of all moneys received 
and expended by the city during the preceding year, and 
on what account received and expended. 
Eight to take § 4. The city council shall have power to subscribe to 

stock m railroad ^^^ capital stock of any railroad company to or from the 
city of Nauvoo, or which may pass through or near said 
city, on the same terms and conditions imposed upon coun- 
ties, not, however, to exceed twenty five thousand dollars 
to any one railroad company, nor more than fifty thousand 
dollars in all, and to pay the same by issuing and delivering 
the bonds of the city; and, in that pvent, shall have power 
to levy and collect taxes, as in other other cases, a sum suf- 
ficient to pay all the interest accruing on such bonds and 
to pay off the principal when due, or to provide a sinking 
fund for the payment of the same before due. 

Change venue. § 5. In all cases arising under the ordinances of said 
city, changes of venue and appeals shall be allowed, as in 
other cases before justices of the peace. 
Suits vested In § 6. All actions, fines, penalties and forfeitures which 

corpora ion. ^g^yg accrucd to the city of Nauvoo shall be vested in and 

prosecuted and collected by the corporation hereby created. 

Prior ordinan- § 7. This charter shall not invalidate any act done by 

ces in force. ^^xQ city of Nauvoo, nor divest the same of any right which 
may have accrued to the city prior to the passage of this 
act. 



CITIES — NEW PEIVILEGES. 109 

§ 8. In case of vacancy in the office of mayor, on ac- vacancyinof- 
count of death, resignation or removal from the city, or on "^^^ "aajor. 
any other account, the same shall be tilled by election. 

§ 9. This act shall be deemed a public act, and may be Evidence and 
read in evidence without proof, and judicial notice shall be ^^when this act 
taken thereof in all courts and places; and shall take effect *'^''» take effect. 
and be in full force from and after its passage. 

Approved April 1, 1869. 



AN ACT to repeal the latter part of the fourth section of an act entitled In force June 
"An act to incorporate the city of Olney." 13> 1''69. 

Section 1. Be it enacted ly the People of the State of 
Illinois^ represented in the General Assembly^ That so much 1^q^'^'^^^^„°1 
of the fourth section of the seventh article of the act to in - trate. 
corporate the city of Olney, as confers on the police magis- 
trates of said city jurisdiction in all civil cases, to any 
amount not exceeding five hundred dollars, be and the same 
is hereby repealed. 

Approved March 2, 1869. 



AN ACT to amend an act entitled "An act to incorporate the city of In force March 
Oneida, in the county of Knox, and state of Illinois," approved March 31. 1869. 
4, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That section section 2, art. 
two (2) of article two (2) of said act be and the same is 2 amended. 
hereby amended so as to read as follows, to-wit : " The 
board of aldermen shall consist of eight members, to be 
chosen by the qualified voters of said city, as hereafter pro- 
vided." 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Approved March 31, 1869. 



AN ACT to amend an act entitled "[An act] to charter the city of Ottawa," 1" '^9'''^^<j,^^''""<^^ 
approved February 10, 1853. ^^' ^^^^• 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the Geiieral Assembly, That article Act amended. 
five of an act entitled " An act to charter the city of Otta- 



no 



CITIES — NEW PRIVILEGES. 



wards. 
First vrard 



Second ward. 



Third ward. 



wa," approved February 10, A. D. 1853, be amended by 
striking out section eleven of said article. 
Boundarie* of § 2. The first ward of said city shall [be] bounded as 
follows: Commencing at the northeast corner of said city; 
thence south to Fox river; thence down said river to its in- 
tersection with Union street; thence north, along said street, 
to Superior street ; thence west, along Superior street, to 
to Columbus street ; thence north, along Columbus street, 
to the Illinois and Michigan Canal ; thence east, along said 
canal, to Post street ; thence north, along Post street, to 
the north line of said city ; thence east to the place of be- 
ginning. 

§ 3. The second ward of said city shall include all of 
said city east of Fox river and north of the Illinois river. 

§ 4. The third ward of said city shall be bounded as 
follows : Commencing at the point Vv^here Union street 
intersects with Fox river ; thence north, along said street, 
to Superior street; thence west, along Superior street, to 
Columbus street ; thence south, on Columbus street, to 
Washington street ; thence west, along Washington street, 
to the side cut of the Illinois and Michigan Canal ; thence 
south, along the line of said cut produced to the Illinois 
river ; thence, up said Illinois river, to Fox river ; thence, 
up Fox river, to the place of beginning. 

§ 5. The fourth ward of said city shall include all of 
said city which lies east of the first ward, hereinbefore de- 
scribed, and north of the Illinois and Michigan Canal. 

§ 6. The fifth ward of said city shall be bounded as 
follows : Commencing on the west line of said city, at its 
intersection with the llUnois and Michigan Canal ; thence 
east, along said canal, to Columbus street; thence south, 
along Columbus street, to Washington street ; thence west, 
along Washington street, to the side cut of the Illinois and 
Michigan Canal ; thence south, along said side cut, to Jef- 
ferson street ; thence west, along Jefferson street, to Syca- 
more street ; thence south, along Sycamore street, to Madi- 
son street ; thence west, along Madison street, to Bissell 
street ; thence south, along Bissell street, to Main street ; 
thence west, along Main street to the west line of said city; 
thence north to the place of beginning. 

§ 7. The sixth ward of said city shall include all of said 
city which lies south of said fifth ward and west of the line 
of the side cut of the Illinois and Michigan Canal produced 
south to the Illinois river, and lying north of said Illinois 
river. 

§ 8. The seventh ward of said city shall include all of 
said city lying south of the Illinois river. 

§ 9. The present aldermen and directors of the board of 
education of said city shall continue to hold their offices 
until the next annual city election and no longer ; and at 
the next annual city election, and annually thereafter, there 



Seventh ward. 



Term of office. 



CITIES — NEW PRIVILEGES. Ill 

shall be elected, in each of the wards above provided for, 
one director of the board of education, who shall hold office 
for the term of one year. There shall also be elected in 
each of said wards two aldermen, one for the term of two 
years and one for the term of one year, and annaally there- 
after there shall be elected in each of said wards one alder- 
man, who ehall hold office two years. Said aldermen and 
directors of the board of education to be residents of the 
wards for which they are elected. 

§ 10. This act shall be a public act, and take effect and 
be in force from and after its passage. 

Appkoved March 31, 1869. 



AN ACT to amend an act entitled "An act to incorporate the city of In force Feb. 19 
Pana," approved February 13th, A. D. 1867. 18«9. 

Section 1. Be it enacted by the Feojyle of the State of 
Illinois, represented in the General Assemi>ly, That sec- ,gjg^"°° ^^' 
tion fourteen (14) of article ten (10), of an act offthe gene- ^^ 
ral assembly of the state of Illinois, entitled "An act -to 
incorporate the city of Pana," approved February 13th, 
1869, A. D. 1867, be and the same is hereby repealed. 

§ 2. This act shall take effect and be in ferce from and 
after its passage, and is hereby declared to be a public act. 

Approved February 19, 1869. 



AN ACT supplementary to an act entitled "An act to incorporate the citv la force March 
of Pekin, Illinois. ' 31, 1369. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That the gfrVVa^ld*^"'^" 
latter clause of section twenty-one (21) of said act, approved "^"" 
March 4th, 1869, providing^ for the election of three super- 
visors, for the city of Pekin, at the same time and in the 
same manner as elections for township supervisors in the 
county in which said city is situated, be and tlie same is 
hereby repealed. 

§ 2. This act ehall be deemed a public law, and shall 
take effect from and after its passcge. 

Approved March 31, 1869. 



112 CITIES — NEW PEIVILEGES. 



In force March AN ACT to erect and construct water works for the city of Pekin. 

24, 1859, 

Section 1. Be it enacted hy the People of the State of 
Illinois, rejpresented In the General Assembly, That the 
Construction of cominon council of the city of Pekin be and they are here- 
water works. ]^y authorized to erect and construct water works for the 
convenience and accommodation of the inhabitants of said 
city ; to take any springs or water within two miles of the 
limits of said city, and to conduct the same, in iron, lead or 
other pipes or aqueducts, over any lands, lots, lanes, streets, 
avenues or alleys within or without the corporate limits of 
said city of Pekin, paying the owner or owners of such 
spring or springs, or waters, lands or lots over which such 
pipes or aqueducts may pass, a reasonable compensation 
therefor, out of the treasury of said city of Pekin, 
Sell and lease § 2. The ssid common cpuncil of the said city of Pekin 
privileges. qI^dXI have power to sell the water, or to sell or lease the 
privilege ot using the same, to such person or persons and 
on such terms as they may deem most advisable and best 
for the interest of said city of Pekin, and appoint an agent 
or agents or other officers, whose duty it shall be to keep 
the same in repair, and oversee the same, and collect the 
revenues arising therefrom. 
gfProperty re- § 3. For the purposo of enabling the common council of 
wke/how^ot- the city of Pekin to construct said water.- works, they are 
tained. hereby authorized and empowered to issue bonds, not to 

exceed the sum of one hundred thousand dollars, drawing 
interest not to exceed eight percent, per annum, to be paid 
at the office of the treasurer of the city of Pekin, semi-an- 
nually. Said bonds may be issued in such sums and on 
such time, not exceeding twenty years, as the common' 
council shall direct : Provided, that no such bonds shall be 
issued until first being submitted to the legal voters of said 
city of Pekin, and unless a majority of the legal voters, vo- 
ting at said election, shall vote for the same. Said election 
shall be conducted and notice thereof given in the same 
manner as is provided in other elections in said city. 
Taxation. g 4. That for the payment of said bonds, and as the 

principal and interest shall become due, the common coun- 
cil of the city shall levy an annual tax of one mill on ev- 
ery dollar's worth of taxable property in said city. 
Assessor to an- g 5. Whenever any of said bonds shall be issued and 
fax^lilt. ^^^^^^ delivered as herein provided, the city assessor shall annu- 
ally extend on the assessor's and collector's books a tax of 
one mill on every dollar's worth of the assessed value of the 
taxable property in said city, which tax shall be extended 
and collected at the same time, and in the same manuer, as 
the ordinary annual tax of' said city of Pekin ; and for the 
purpose of keeping the same separate and distinct from 
other revenues of the city, the city assessor, for the time be- 



council. 



CITIES — NEW PEIVILEGK8. 113 

ing, shall extend the same in a separate column in said 
book, which shall be headed " one mill water tax," and 
when collected, the same shall be paid into the city treasury, 
and the city treasurer of said city is liereby required to keep 
a separate aud distinct account of said tax, under the head 
of " one mill water tax fund." 

§ 6. That the said common council shall have power to Powers of the 
pass all ordinances that may be necessary and proper for " ' 
the purposes of carrying into effect the provisions of this 
act, and to protect said works from injury, and to punish, l)y 
fine not exceeding one hundred dollars, any person who 
shall willfully and maliciously cause any injury thereto. 

§ 7. That that this act shall take etiect and be in force 
from and after its passage. 

Apfkoved JVIarch 24, 1869. 



AN ACT to reduce the charter of the city of Peoria, and the several acts In force Feb. 20, 
amendatory thereof, into one act, and revise the same. ^^^^' 

CHAPTER I. 

CITY BOUND.VKIKS. 

Section 1. J3e it e?iaoted by the People of the State of 
Illinois, represented in the General Assembly, The inhab- corporate pow- 
itants of ail the district of country in the county of Peoria ers, iiow vested, 
and state of Illinois, contained within the limits and boun- 
daries hereafter prescribed, shall be a body politic and 
corporate, under the name and style of the "City of Peoria," Name and style. 
and, by that name, sue and be sued, complain and defend, 
in any court ; make and use a common seal, and alter it at 
pleasure; and take and hold, purchase, lease and convey 
such real and personal or mixed estate as the purposes of the 
corporation may re(piire, within or without the limits afore- 
said. 

§ 2. The corporate limits and jurisdiction of the ci^y Boundaries, 
of Peoria shall embrace and include, within the same, all of 
fractional section two {•!), all of fractional section three (;^), 
the south halt' of section four (-i), the northeast quarter o^ 
section four (4), the south half of the nortliwest quarter of 
section four (4), the southeast quarter of section five (o), the 
south half of the southwest quarter of section live (5), all 
of section eight (8), fractional section nine (9), fractional 
section ten (10), fractional section sixteen (10), fractional 
section seventeen (17), all in township eight (8) north, range 
eight (8) east, of the fourth principal meridian, and to the 
middle of Lake Peoria and Illinois river, as lies in front of 
the territory aforesaid. 
Vol. 11—15 



114 CITIES — NEW PKIVILEGES. 

CHAPTER II. 

OFFICERS — THEIR ELECTION AND APPOINTMENT, 

Mayor and SeotionI. TIiG municipal government of the citj shall 

board of alder- gQj^gjgt of a citj council, composed of the mayor and two 
aldermen from each ward. The other ofScers of the cor- 

cit.y offlccrs. poration shall be as follows : A clerk, a city attorney, a 
treasurer, a collector, one or more assessors, who shall be 
freeholders of said city, a city engineer and surveyor, one 
or more, not exceeding three, police magistrates, one chief 
and a first and second assistant engineer of the fire depart- 
ment, one harbor master, a sealer of weights and measures, 
and such other officers and agents as may be provided for 
by this act, or the city council may by ordinance direct. 

Ward elections. " g g. Each ward of Said city shall constitute an election 
precinct, and the places for holding elections therein for 
city officers, shall bo selected by the city council. 

Anmiai election. | 3^ The municipal election in said city shall be held 
on the first Tuesday after the first Monday in November of 
each year, at which time there shall be elected by the quali- 
fied voters of said city, all officers to be elected at the 
general municipal election. Ten days' previous notice 
of said election shall be given by the city clerk, by pubhca- 
tion in one or more newspapers published in said city, and 
no special election shall be hereafter held in said city for the 
election of city officers, except as in this act provided. 

Officers. g 4, The municipal officers to be chosen at the annual 

election, shall enter upon the duties of their respective offi- 
ces on the first Tuesday of January succeeding their elec- 
tion. 

Term of office. g5. The mayor, treasurer and collcctor shall be elcctcd 
by the people. The mayor shall hold his office for the 
term of 'two years, and the treasurer and collector for the 
term of one year, and all until their successors shall be 
elected and quaMed. The persons having the highest 
number of votes cast in the whole city, for either of such 
offices, shall be declared elected. 
Election 01 § 0. At the annual municipal election, the electors in 

aidermeji. ^^^^.^ respective wards shall vote for one alderman, and the 
person receiving the highest number of votes cast in the 
ward for said office, shall bo declared elected. 
Kepresentation § 7. The Several wards of the city shall be respectively 

of wards. represented in the city council bv two aldermen, who shall 

be residents thereof, and who shall, except as herein other- 
wise provided, hold their officer, respectively, for two years 
from and after the first Tuesday in January next succeed- 
ing their election, or until the election and qualification of 
Aidermon di- their successois. They shall be divided into two classes, 

vided la classes, ^^^j^ class coiigistiDg ot ouQ alderman from each ward, 



CITIES — NEW PRIVILEGES. 115 

80 that one from each ward may be annually elected. The 
first class shall he elected at the annual municipal election 
in November next, and shall be successors to the aldermen 
of the present city council, who were elected on the lirsfr 
Tuesday in April, 1867. The second class shall be elected 
at the regular municipal election of 1870, and succeed those 
aldermen who are entitled to hold over until the first Tues- 
day in January, 1871. One year after the next municipal 
election, the aldermen of each class hereafter elected shall, 
respectively, continue in ofiice two years. In all cases 
where, by the creation of a new ward, two aldermen are to 
be chosen therein at any annual municipal election, the 
term for which each is elected, whether for one or for two 
years, shall be stated on the ballots. If any alderman re- Removal from 
move from the ward represented by him, or shall engage ^*''^' ^^'^• 
or continue in any service, business or employment causing 
a continued absence from the city for more than three 
months, his office shall thereby become vacant, and when- 
ever any vacancy shall occur in the office of alderman, the 
city council shall, within ten days after the happening of 
such vacancy, order a new election : Provided^ tliat more 
than four months of the term shall then remain unexpired. 

§ 8. Whenever there shall fail to be an election of any ^^^^^^'^^ '^"^ 
officer voted for by the people, in consequence of two or 
more candidates securing an equal number of votes for the 
same office, the election shall be determined by the casting of 
lots in the presence of the city council, and the result shall 
be entered upon the proceedings. 

§ 9. All other officers mentioned in this act, and not Appointment of 
otherwise specially provided for, shall be appointed by the ° 
city council, on the first Tuesday in January, in each year, 
or as soon thereafter as may be, and shall, respectively, con- 
tinue in office one year and until the appointment and 
quahfication of their successors. Officers elected or ap- 
pointed to fill vacancies, shall, respectively, hold for the 
unexpired term only, and until the election or ap])oint- 
ment and qualification of their successors. JN^o appoint- 
ment shall be made by the city council to extend beyond 
the term of the council making it, nor shall any longer con- 
tract be made when such contract is for yearly service. 

§ 10. Every person appointed to any office by the city Removal from 
council, and every person elected to any office by the peo- ^^'^^' 
pie, for whose removal from office no other provision has 
been specially provided by this act, may be removed from 
such office by a vote of two-thirds of all the aldermen au- 
thorized by law to be elected. But no officer shall be re- 
moved, except for cause, nor unless furnished with the 
charges, 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 



116 CITIES — NEW PEITILEGES. 

determine upon the merits of the case, and to continue or 
adjourn the same, if necessary. And if such officer ne- 
glect to appear and answer to such charges, then the city 
council may declare the office vacant, and no appeal or writ 
of ceriiora7'i ehaW lie from said city council, and any officer 
may be suspended until the disposition of charges, when 
preferred. 
Absence of the § H, "When any vacancy shall happen by death, resig- 

the mayor. S ^ "^ ,i • • ,i ^ir- ,• i 

nation, removal or otherwise, in the office ot mayor, such 
vacancy shall be filled by a new election, and the city 
council shall order a new election within ten days after the 
happening of such vacancy : Promded^ more than six 
months of the term shall then remain unexpired. Any 
vacancy occasioned by the death, removal, resignation or 
refusal to serve, of any other city officer elected by the peo- 
ple or appointed by the city council, may be filled by ap- 
pointment by the city council, except in cases where a dif- 
ferent provision is herein specially made for filling such 
vacancy. The city council, with the like exception, may 
fill any vacancy occurring in any office to which, by this 
act, they have the power of election or appointment. 

Ofliciai i)onds. § 12. All city officei'S who are required by the provis- 
ions of this act, or by any ordinance passed by the city 
conncil, to give bonds for the faithful performance of their 
official duty, shall file their bonds with the city clerk. If 
such officers be appointed by the city council the_y shall file 
them within fifteen days after their appointment. When 
such officers are elected by the people, they shall file them 
before the first day of January succeeding the election. 
When approved the bonds >shall be recorded by the clerk 
in a book to be kept for the purpose. When bonds are not 
filed with the city clerk within.the time specified, the per- 
son so in default shall be deemed to have refused said office, 
and the same shall be filled by appointment, as in other 
New bond may cascs. If in aiiv casc any official bond so filed shall not be 

be required. approved, the officcr filing the same shall furnish a irew 
and satisfactory bond within ten da_ys after such disappro- 
val ; and in fase of failure so to do, he shall be deemed to 
have refused said office, and the same shall be filled as 
hereinbefore provided. ]^o alderman or other city officer 
shall be taken upon any bond, note or other obligation 
made to the city. No city officer required to give bond, as 
aforesaid, shall enter upon the discharge of the duties of 
his office until such bond shall have been filed and approved 
as by this act provided. 
^QnaiiftcaUon § ]3. All citizcns of the United States -or of the state 
of Illinois, qualified to vote at any election held under this 
act, shall be qualified to hold any office created by this act, 
except in cases where a different provision has been herein 
especially made ; but no person shall be eligible to any 
office or place under this or any other act in relation to said 



CITIES — NEW PRIVILEGES. 117 

citj, who is now or may hereafter be a defaulter to said city 
or the state of Illiuois, or any county thereof; and any per- 
son shall be considered a defaulter who has refused or ne- 
glected, or may hereafter refuse or neglect, for thirty days 
after demand made, to account for and pay over to the 
party authorized to receivo the same, any public money 
which may have come into his possession. And if any 
person holding any such office or place shall become a de- 
faulter whilst in office, the office or place shall thereupon 
become vacant. 

S 14. The board of registry, now provided by law for Board to make 
the City and township oi x^eoria, shall assemble at the city try of voters, 
hall on the fourth Tuesday preceding each city, township, 
or county and state election, and shall remain in session as 
many days (not exceeding three) as may be necessary to 
make, as far as possible, a fall and complete registry of all 
the qualified voters of said city and township. They shall 
meet at nine o'clock in the morning and adjourn at six in 
the evening, taking a recess of one hour for dinner. They 
shall have authority to employ one or more, but not to ex- 
ceed three, clerks, to assist them in the labors of making 
such registry, and also at their subsequent meetings, for the 
correction of the same. They shall copy from the registry 
lists of the last preceding general city, state or county elec- 
tion, the names of all persons voting at such election, ex- 
cepting such as may have died or removed from the city or 
township. They shall place the names of the voters on the 
lists of the wards or election districts to which they respec- 
tively belong. They shall also add to the lists the names 
of such other persons as they may know to be qualified 
voters; but no name shall be added or removed except witli 
the consent of all the members of the board present and 
acting: Ih'ovided, that any person or pefsons appearing be- 
fore said board and furnishing the necessary proofs, as 
hereinafter provided, shall have his name placed on or taken 
from said list. Any registered voter of the city, if the 
registry be for a city election, and of the township, if it be 
for a township election, shall be entitled to appear before 
the board and object to the registry of any person ; and if 
he shall support his objections by his oatli that he knows 
such person will not be entitled to vote at the election for 
which the registry is being made, the board of registry shall 
place the name of such person on a separate list, to be -en- 
titled "The challenged list," and shall post said list, with a 
proper notice of its character, along with the registry hsts; 
and before such names shall bo. transferred to the registry 
lists, the owners of them shall appear personally before the 
board, at the time they shall sit for the correction of the 
lists, and establish their right to be registered. Any person 
who shall willfully and maliciously so challenge the name 
of any qualified voter from the registry list with the inten- 



118 CITIES — NEW PEIVILEGEB. 

tion of unjustly deprivino- him of his vote, shall be liable to 
prosecution, and be subject to all the penalties prescribed 
Board to cor- by law for willful and corrupt perjury. On the Tuesday, 
ifafa. '^^'^'^'■^ Wednesday and Saturday next preceding each election, the 
board of registry sball sit for the correction of the registry 
lists. They shall bo in session from eight o'clock in the 
morning until nine o'clock in the evening, but may adjourn 
one hour each for dinner and supper. Any person claim- 
ing the right to vote at the election for which the registry is 
being made, may appear before said board, and if they shall 
be satisfied from his statements that he is entitled to vote, 
they shall place his name on the list of the ward or election 
district in which he is entitled to vote. If the right of such 
person to vote be challenged by either of the board, or by 
any registered voter in the city or township, he shall make 
such proof of that right as is now required of challenged 
persons offering their votes at the polls at state and county 
elections; except that any two registered voters in the city 
or township may be competent witnesses in his behalf. 
Whenever the right of any foreign born citizen, who has 
become a resident of this state since the first day of April, 
1848, to vote is challenged, he sliall produce in evidence of 
his citizenship his naturalization papers, or certified copies 
of the same ; or if he became a citizen through the naturali- 
zation of his father, he shall establish that fact by his ov/n 
oath or athrmation. That such persons shall not be put to 
unnecessary trouble, the city council sball provide for the 
boardof registry a record book, in which they shall inscribe 
the names of all parties so producing their naturalization 
papers, the date of their naturalization, the names of the 
witnesses, and the nativity of the person naturalized. Said 
record, when the board of registry is not in session, shall be 
placed in charge of the city clerk, and shall be kept by him 
for the use of each succeeding board. Such record of natur- 
alization so made shall be deemed sufficient evidence of the 
citizenship of the persons recorded therein in cases of all 
future challenge: Provided, nothing herein contained shall 
exempt any such persons from challenge on account of iden- 
tity, or that the record has been fraudulently made. When 
the death of any person so recorded shall be established by 
the oath of two registered voters in the city or township, 
the board of registry shall cause to be written the word 
"dead," conspicuously against the name of such person. 
The penalty for altering, defacing or adding to such record, 
except by authority of the board, in the manner hereinbe- 
fore described, shall be the same as now provided by law 
for the alteration or forgery of public records. All persons 
shall be registered and deemed to reside in the ward in 
which they lodge. No person shall be registered for voting 
in any ward or election district unless he shall have, on elec- 
tion day, resided continuously for thirty days in said ward im- 



CITIES — NEW PRIVILEGES. 119 

mediately preceding such election: Provided, that no quali- 
fied voter removing from one ward or election district to 
another shall be deprived of his vote in the ward or election 
district from which he removes for thirty days after such 
removal. In all cases of registry in the city of Peoria, the 
board shall not only state the street in which the voter re- 
sides, but shall also state between what cross streets. Ab- 
breviation may be used for this purpose, provided such 
abbreviations are explained in a note on the registry lists. 
In case the voter resides at a hotel or boarding house, the 
name of the hotel or boarding house, in addition to the 
street, shall be deemed a sufficient description. The num- 
ber of the house, when there is one, shall be given. The segsions of tho 
board of registry shall be in session from one o'clock until \^! °^ ^^^^^' 
two o'clock P. M.j on each election day, for the purpose of 
correcting clerical errors in the registry lists ; and it shall 
be the duty of the judges of election, in each district, to 
correct such clerical errors when certified to by the board. 
All provisions of law heretofore in force in the city and 
township of Peoria, not specifically stated herein, and not 
inconsistent herewith, shall remain in full force and efiect. 

§ 15. The mode of conducting elections for city officers. Mode of con- 
and the time of opening and closing the polls and voting tions"^ ^^^'^ 
thereat, shall be the same as now provided by law for the 
election of state and county officers. The city council shall 
provide by ordinance for making returns of such elections, 
for oj^ening and declaring the result of the same, for notity- 
ing the officers elected, and for the investigation and decision 
of contested elections: Provided, that in all elections in the 
city and township of Peoria, the judges or inspectors of the 
same shall have the right to count the ballots and the num- 
ber of votes given to each and every person voted for as 
speedily and correctly as possible, and declare the same with 
out resort to tallying them one by one. 

§ 16. All white male citizens of the United States and QuaimcatioaB 
state of Illinois, above the age of twenty-one years, who 
shall have been a resident of the state year, the city six 
months and the ward thirty days, immediately preceding 
any election for city officers of the city of Peoria, shall bo 
entitled to bo registered and vote for such officers : Pi'o- 
vided, that no person shall be entitled to vote at any such 
election unless he bo registered. 

§ 17. The persons entitled to vote at any election held Noarrcsu on 
under this act, shall not be arrested on civil process within *^^"'°° ^*y- 
said city upon the day on which said election is held; and all 
persons illegally voting at any election under this act, shall 
be punished according to the laws of this state. 



120 CITIES — NEW PRIVILEGES. 



CHAPTER III. 

POWERS AND DUTIES OF OFFICERS. 

Oath Of office. Seotion 1. Every person chosen or appointed to an 
executive, judicial or administrative office under this act 
shall, before he enters upon the duties of his office, take 
the oath of office prescribed in the constitution of this state, 
and file the same, duly certified by the person before whom 
it was taken, with the city clerk. 

Mayor. g 2. The mayor shall preside over the meetings of the 

city council, and take care that the laws and ordinances of 
the city are duly enforced, respected and observed, and that 
the 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 tne city council such information and recommend such 

Salary of mayor, mcasurcs as he may deem advantageous to the city. He 
shall receive snch salary as the city council may prescribe, 
for all services devolved upon him by this or any subse- 
quent act, or the ordinances of the city, as the city council 
may, by ordinance, prescribe. He shall likewise have 
power, exojicio, to acknowledge deeds, administer any oath 
authorized to be taken by the laws of this state. 

Vacancies, iiow § 3. In case of a vacancy in the office of mayor, or 

^"^^' his being unable to perform the duties of his ofiice, by 

reason of absence or sickness, the city council shall appoint, 
by ballot, one of their number to preside over their meet- 
ings, 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 filled by a new elec- 
tion, 
ooneervators of ^ 4. The members of the city council shall be fire war- 

i ep«ace. ^^^^^ ^^^ conservators of the peace, and shall be exempt 
from jury duty during their term of office. 

Dxitiei of clerk. § 5. The clcrk shall keep the corporate seal, and 
mal^e 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, and other 
matters of record in his office, certified by him under the 
corporate seal, shall be evidence in all courts of this state, 
in like manner as if the originals were produced. He shall 
also have power to acknowledge deeds and to administer 
any oath authorized by the laws of this state. 

Attorney. | 6. Tho city attorney shall conduct all the law business 

of the corporation and of the departments thereof, and all 
other law business in which the city shall be interested. 
When so ordered by the corporation, and when required, 
shall furnish written opinions upon subjects submitted to 



OITIES— NEW PKIVILEGES. 121 

him by the mayor or city council, or any other department 
of the municipal government, lie shall also keep a docket 
of all cases to which the city may be a party in any couyt of 
record, in which shall be briefly stated all steps taken in 
each cause, and which shall at all times be open to the in- 
spection of the mayor, clerk, or any committee of the city 
council, and to perform such other duties as may be pre- 
scribed by the charter and ordinances of the city, 

§ 7. The city assessor shall perform all duties in relation city aescseor. 
to the assessing of property, for the purpose of levying the 
taxes imposed by the city council. In the performance of 
his duties, he shall have the same powers as are or may be 
given by law to county or town assessors, and be subject 
to the same liabilities. 

§ 8. The city engineer and surveyor shall have the sole Engineer and 
power, under the direction and control of the city council, ''^''^'^y°'"- 
to survey within the city limits, and he shall be governed 
by such rules and ordinances and shall receive such com- , 
pensation for his services as the city council shall direct. 
lie shall possess the same powers in making surveys and ^''wersof. 
plats within the city as is given ])y law to county surveyors, 
and the like etl'ect and validity shall be given to his acts 
and to all ])lat8 made by any such surveyor, as are or may 
be given by law to the acts, plats and surveys of county . 
surveyors. 

§ 9. The city council shall have power, from time to Requiremcnte 
time, to require further and other duties of all ofhcers " ° *^'"^' 
whose duties are herein prescribed, and prescribe the pow- 
ers and duties of all officers appointed or elected to any 
office under this act, whose duties are not herein specified, 
and fix their compensation. They may also require l;ond8 
to be given to the city of Peoria by all officers, for the faith- 
ful performance of. their duties. 

§ 10. All officers receiving or holding any moneys by Bonds, sccuri- 
virtue of this act, or by the ordinances of the city, shall, '^^^'^''^• 
severally, before they enter on the duties of their respective 
offices, execute a bond to the city of I'eoria in such sum, 
and with such sureties, as the city council shall approve, 
coiulitioned that they shall faithfully execute the duties of 
their offices, and acccount for and pay over all moneys and 
otlier property received by them in their official capacity ; 
which bonds, with the approval of the city council certified 
thereon by the clerk, shall be filed with the clerk. 

§ 11. If any person, having been an officer in said city, Dciivcranceof 
shall not, within ten days after notification and request, de- ^'=*=°'^' 
liver to liis successor in office all property, pivpers and ef- 
fects of every description in his possession, belonging to 
said city, or api)ertaining to the office he held, he shall for- 
feit and pay, for the use of the city, one liundred dollars, 
besides all damages caused by his neglect or refusal so to 
deliver. And such successor shall and juay recover posses- 
Vol.11— 16 



122 CITIES — NEW PRIVILBGES. 

eion of the books, papers and property appertaining to his 
office, in the manner prescribed by the laws of the state, 
commissiou of § 12. All porsons elected or appointed to any office un- 

officers. ^Qp j.jjjg g^g|. ^^r^^J Y)Q commissioned by warrant, under the 

corporate seal, signed by the mayor or presiding officer of 
the city council, and clerk. 

compcnsatiou. § VS. The city council may, by ordinance, establish the 
compensation of all officers of said city, and provide for their 
removal from office, in case they receive or retain other or 
greater fees than so paid or iixed by the corporation for 
their services. 
PeKjuisitcs of § li- AH fccs, perquisites and emoluments of office 

oflicG prohibited vvhatsocver, by the way of compensation for the perform- 
ance of any official duty or duties, are hereby expressly 
prohibited to be retained by any officer whose compensa- 
tion is provided to be paid by a salary, to be fixed by the 
city council under this act; and all fees, perquisites and 
emoluments whatsoever, received or paid, orpaj^able to any 
officer, police magistrate, mayor, attorney, collector, treas- 
urer or other person whose compensation is to be eo 
paid by a fixed salary, shall belong to and be paid by such 
pei'son or persons into the treasury of said city, the same as 
the revenues belonging thereto, and any violation of this 
provision shall subject the ofiender to removal from his of- 
fice, and the amount received by him shall be recoverable 
l>y action of debt, or assumpsit, in lavor of the city. 

^^^Ayment of g i5_ ^j} Salaries shall be payable monthly, or quar- 
terly, out of the appropriated funds voted jjy the city 
council to pay the same, upon the warrant (jf the mayor, 
countersigned by the clerk. 

**oK.''^''"'" § 16. "The salaries of all city officers who receive a fixed 
compensation for their services, and whose salaries are not 
definitely prescribed by this act, including all officers and 
employees in the police force and fire department of said 
city, sliall be established by the city council in the annual 
appropriation bill, or by some ordinance passed prior to 
the passage of such annual appropriation bill, and the sala- 
ries and compensation thus established shall neither be in- 
creased or diminished by the said city council after the pas- 
i^ago of said annual approriation bill, during the then cur- 
rent municipal year, and no extra compensation shall ever 
be allowed to any such officer or employee in any depart- 
ment of the city government, over and above that provided 
in the manner aforesaid, except by the unanimous consent 
of the city council. ■ 

CHAPTER IV. 

TUB CITy COUNCIL, ITS GENEHAL POWERS AND DUTIH*. 

Mayor aud City SECTION 1. Tho mayor and aldermen shall constitute 
*^"°'^" the city CQuncil of said city, 'fhe city council shall meet at 



CITIES — NEW PBIVILKOES. 123 

such times and places as thej shall by resolution direct. 
The mayor shall have only a casting vote. A majority of 
the city council shall constitute a quorum. The aldermen 
shall receive such compensation as the city council may by 
ordinance direct. 

§ 2. No member of the city council shall, during the Hold one office, 
period for which lie may bo elected, be appointed to or be 
competent to hold any office, of which the emoluments arc 
paid from the city treasury, or paid by fees directed to be 
paid by any act or ordinance of the city council. 

§ 3. The city council shall hold stated meetings, and j^^g""""^" ™^^'- 
the mayor or two aldermen may call special meetings, by 
notice to each of the members of said council, served per- 
sonally, or left at his usual place of abode. Petitions and 
remonstrances may be presented to the city council, and the 
council shall determine the rules of its own proceedings, and 
be the judge of the election and qualification of its own 
members, and have power to compel the attendance of its 
own members. 

§ 4. All ordinances, petitions and communications to o^^er^of 1'''°- 
the city council shall, unless by a two-thirds vote, be referred ^"^ '"^^* 
to appropriate committees, and only bo acted on by the 
council at a subsequent meeting, on the report of the com- 
mittee having the same in charge. 

§ 5. The city council shall have power to require from Reports in de- 
any officer of said city, at any time, a report in detail of the '"'' 
transactions in his ofHce, or of any matter connected there 
with, by said council deemed necessary. 

§ 6." Upon the passage of all orders, ordinances or v«/«^«^'i pwe 
resolutions appropriating money, imposing taxes, or au- 
thorizing the borrowing of money, the yeas and nays shall 
be entered on the record of the city council, and a majority 
of the votes of all the city council shall be necessary to their 
passage. 

§ 7. The city council shall have, subject to the provis- ^.Q^^^fl^iJj^fg 
ions hereinafter contained, the general management and the '^ " "^ 
control of the finances, except the funds for school purposes, 
and all the property, real, personal and mixed, belonging to 
the corporation, except school property, and shall likewi!=e 
have power within the jurisdiction of said city, by ordi- 
nance — 

J^'irst. — To prevent and i)unish forestalling, and re- Forestalling 
gratmg, and to prevent and restram every kmd of fraudu- 
lent device and practice. 

Second. — To restrain and prohibit all descriptions of ga- <^"-"nji>iing. etc. 
ming and fraudulent devices, and all playing of dice, cards 
and other games of chance, with or without betting. 

Third. — To regulate the selling or giving away of dis- saieor nquors. 
tilled or fermented licpiors. 

Fourth. — To forbid the sellinff or criving away of any dis- Givinfr Uquora 

,.,, 1 ,. i. 1 T ^ ^ ^. ^ .• to minors. 

tilled or fermented liquors, to any mmor, apprentice or eor- 



124 



CITIES — NEW PRIVILEGES. 



vant, without the consent of his or her parents, j^nardian, 
master or mistress. 
Tavern-keep- Fifth. — To Hcense, regulate and restrain tavern keepers, 
crs, e c. sjrocers, and keepers^ of ordinaries or victualing houses, 

or other houses or places, for the selling or giving away of 
wines and other liquids, whether ardent, vinous or fer- 
mented. 
BiUiard tables Sixt/i. — To Hccuse, tax, regulate, suppress or prohibit 
feys. °^ "° " billiard tables, bagatelle tables, pin alleys or tables, nine or 
ten pin allejs and ball alleys. 
Hackmen, Sevejith. — To license, rei^ulate and suppress hackmen, 

draymen and i ^ . ^ -t ^ • '^, i 

carters. draymen, carters, porters, omnibus drivers, cabmen, pacKers, 

carmen and others, who may pursue like occupations, with 
or without vehicles, and prescribe their compensation. 

rao^y'^chaif-era Eighth. — To tax, liceuso and regulate auctioneers, dis- 
tillers, brewers, lumber yards, liv^ery stables, money chan- 
gers, pawnbrokers, gift enterprises of every description, 
and to impose duties upon the sale of goods at auction. 
Hawkers and Ninth. — To liceuse, tax, regulate and suppress hawkers 

^^ "^' and peddlers. 

Exhibitions. Tenth. — To regulate, license, suppress or prohibit all 

exhibitions of common showmen, shows of every kind, con- 
certs or other musical entertainments, by itinerants, persons 
or companies; or exhibitions of natural or artificial curiosi- 
ties, caravans, circuses, theatrical performances, and all 
other exhibitions and amusements. 

untche.8. EUventh. — To regulate and license or prohibit butchers, 

and t') revoke their license for malconduct in the course of 
Ira-le ; and to regulate, license and restrain the sale of fresh 
meats and vegetables in the city, and restrain and punish 
the forestalling of poultry, fruit and eggs, 
^^Porters and Twelfth.- — To licensc, regulate and restrain porters, and 
runners for boats, stages and cars, and public houses, and 
fix the rate of porterage. 

Bue^f^eLe^ ''^' Tldrteenth. — To authorize the mayor and city clerk, 
or either of them, to grant and issue liceiises, and direct the 
manner of issuing and registering thereof, and the fees to 
be paid therefor: Frovided., that no license shall be granted 
for more than one year, and that not more than five 
hundred dollars shall be required to be paid for any license 
under this act; and the fee for issuing the same shall not 
exceed one and a half dollars; but no license for the sale 
of wines or other liquors, ardent, vinous or fermented, at 
wholesale or retail, or by inn-keepers or others, as afore- 
said, shall be less than fifty dollars. Bond shall be ta- 
ken on the granting of such license, for the due observ- 
ance of the ordinances or the regulations of the city council, 
as said city council shall by ordinance direct. 
Prevent riot- Fourteenth. — To prevent any riot or noise, disturbance 

oils conduct. TIT 11 '' 

or disorderly assemblage. 



CITIES — NEW PRIVILEGES. 125 

Fifteenth. — To suppress and restrain disorderly houses, suppress dis- 
gambling houses, and to authorize the destruction and de- "'''leriy house?. 
moHtion of all instruments aud devices for the purpose of 
gaming. 

iSixtoenth. — To suppress, restrain and abate houses or to rcmovi< 
'places of ill fame, bawdy houses, and houses of assignation, ^^^^^ ^^ ''' 
within the limits of said city of Peoria, and v/ithin live 
miles of the water boundaries of said city, and to have 
power to impose fines and penalties upon any person or 
persons, for keeping, remaining at, or frequenting the same, 
and to compel any person to testify in all cases touching 
the same : Provided^ that such witnesses shall not be pun- 
ished for anything disclosed in such testimony. 

Seventeenth. — To compel the owner or occupant of any cicau piivme 
grocery, cellar, tallow chandler shop, soap factory, tannery, I'lcniiscs. 
stable, barn, privy, sewer, or other unwholesome, nauseous 
liouse or place, to cleanse, remove, or abate the same from 
time to time, as often as may be necessary for the health, com- 
fort and convenience of the inhabitants of the city. 

Fighteent/i. — To direct the location and management of. Breweries, tan- 
and regulate and license breweries, tanneries and pack- "®"^'''' ^^'^^ 
ing houses and to direct the location, management and 
construction of, and regulate, license, restrain, abate and 
prohibit, within the city and the distance of five miles 
therefrom, distilleries, slaughtering establishments, estab- 
lishments for steaming and rendering lard, tallow, offal and 
such other substances as can or may be rendered, and all 
establishments or places where any nauseous, offensive or 
any unwholesome business may be carried on. 

Nineteenth. — To erect market houses, establish markets Market;., 
and market places, and provide for the government and 

regulation thereof. Gunpowder, 

Twentieth.— To direct and prohibit the location and ^"'^ "°^ ^*'- 
management of houses for storing and manufacturing of 
gunpowder, coal oil or other combustible and dangerous 
materials, within the city, and to regulate the keeping and 
conveying of gunpowder, coal oil and other combustible and 
dangerous materials, and the use of candles and lights in 
barns, stables and out-houses. norse-racinK 

r/T ' , /. , m i. 1 • • ■• and fast driving. 

Iinnity-jirst. — io prevent horse-racmg, immouerate 
riding or driving in the streets and to authorize persons 
immoderately riding or driving as aforesaid, to be stopped 
by any person, and punish or prohibit the abuse of animals; 
to coni])cl persons to fasten their horses, oxen, or other 
animals, attached to vehicles or otherwise, while standing 
or remaining on the street. , incnmbcrins 

ni A 1 m i .^ • ^ • f i^ Of Ftrects, lanes 

lwc7iUj second. — io prevent the mcumbermg of the and aiicjs. 
streets, sidewalks, lanes, alleys, public grounds, wharves 
and docks with carriages, carts, boxes, lumber, timber, 
firewood, coal, ashes, posts, awnings, signs, or any sub- 
stance or material whateyer. 



126 CITIES — NEW PEIVILEGES. 

Bathing. Ticeidy -third. — To regulate and determine the times 

and places of bathing and swimmiDg in the river and other 
waters in and adjoining said city, and to prevent any inde- 
cent and obscene exhibitions, exposure or conduct. 

Vagrants, etc. Iwenty-fouHh. — To restrain and punish vagrants, men- 
dicants, street-beggars and prostitutes. 

stock at large. Tioeiity-ffth. — To restrain and regulate and prohibit the 
running at large of cattle, horses, mules, swine, sheep, 
goats and geese, and to authorize the distraining, impound- 
ing and sale of the same for the penalty incurred and the 
cost of the proceedings, and also to impose penalties on the 
owners of any such animals for a violation of any ordinance 
in relation thereto. 
Rniuiing at Twe?ity-nxth. — To prevent and regulate the running at 

:arge of dogs, large of dogs, to tax, and to authorize the destruction of the 
same when at large contrary to ordinance. 
Rolling of Tweraty -seventh. — To prevent and regulate the rolling of 

hoops, etc. hoops, playing of ball, flying of kites, or any other amuse- 
ment or practice having a tendency to annoy persons in the 
streets or on the sidewalks, or to frighten teams and horses. 

Ashes. Twenty-eighth.— To prevent the depositing of ashes, pa- 

pers or litter of any kind whatsoever in the streets or alleys 
of the city. 
Prevent con- Tvjenty -ninth. — To make regulations to prevent the in- 

lagioiis diseases ^j,^^^^^!^^ or Spread of contagious diseases into the city, 
to make quarantine laws for that purpose and enforce the 
same. 
Toahatenui- Thirtieth. — To prcvcut any pcrsoii from brinffinff or de- 
positing or having withm the limits ot said city any dead 
carcass or any unwholesome substance, or any putrid or un- 
sound beef, pork, fish, hides or skins of any kind, and to 
cause the removal or destruction thereof, as the said city 
council shall by ordinance direct. 
To have es- Thirty-first. — To control and regulate the streets and 

over $treets°^^^ alleys and to remove and abate any obstructions and en- 
croachments thereon, and to prescribe the manner and reg- 
ulate the erection of buildings. 
To clean side- TJiirty-second. — To compel all persons to keep the snow, 

walks. j(3g and dirt from the sidewalks in front of the 'premises 

owned or occupied by them. 
Ringing bells, Thirty -third. — To prevent the ringing of bells blowing 

noises, etc. ^|' ^Qj-^g ^nd buglcs. Crying of goods, and all other noises, 
performances and devices tending to the collection of per- 
sons on the streets or sidewalks, by auctioneers or others, 
for the purpose of business, amusement or otherwise. 

Nuisances. Thirty -fourth. — To abate and remove nuisances, and 

punish the authors thereof by penalties, fines and imprison- 
ment, and to define and declare what shall be deemed nui- 
sances, and authorize and direct the summary abatement 
thereof; but nothing in this act shall be so construed as to 
oust any court of jurisdiction, to abate and remove nuisan- 



sances. 



CITIES — NEW PEIVILKQES. 127 

ces in the streets or any other parts of said city or within 
its jurisdiction, by indictment or otherwise. 

Thirty-fifth. — To reo-alate the burial of the dead, and Re^^iate the 
registration of births and deaths ; to direct the returning ^'^""°^''*^^^" 
and keeping of bills of mortality, and to in) pose penalties 
on physicians, sextons and others for any default in the 
premises. 

Thirty-sixth. — To regulate and prohibit the keeping of Lnmber yards. 
any lumber yard, and the placing or piling, or selling any 
lumber, timber, wood or other combustible material, within 
the lire limits of said city. 

Thirty-seventh. — To regulate the measuring and inspec- inspection of 
tion of lumber, shingles, timber, posts, staves and heading, 'i^™^'- 
and all building materials, and appoint one or more inspect- 
tors. 

Thirty-eight. — To regulate the size of bricks to be sold Bricks. 
or used in the city. 

Thirty-ninth. — To regulate the weighing and place and storasc of hay. 
manner of selling and storing hay and straw, and the cut- 
and selling of ice, and to restrain the sale of such ice as is 
impure. 

Fortieth. — To regulate the measurement of wood and char- wei-hiniracd 
coal and the weighing and selling iof coal, and the place ^^"^°° ^°"^' 
and manner of selling the same, 

FoHy-first. — To regulate the inspection of tobacco and of Beef, pork and 
flour, meal, beef, pork, and other provisions sold in barrels, '^""^" 
hogsheads and in other packages. 

Forty-second. — To appoint inspectors of brick, jjas and ^.inspectors, 

."^ . , ^^ ,- 1 .1 . .' fi T weighers and 

gas meters, weighers, guagers, and regulate their duties and gaugers. 
fees. 

Forty-third. — To regulate the sale of bread within said Bread, 
city and prescribe the weight of bread in the loaf and the 
quality of the same. 

Forty-fourth. — To regulate public pumps, wells and cis- weiis, cisieme. 
terns, hydrants and reservoirs, and prevent the unnecessary 
waste of water. 

Forty-fifth. — To erect gas works, and provide for tli^ Lightin- streets 
lighting of the streets, and erect lamps and regulate the 
lighting thereof; and from time to time to create, alter and 
extend lamp districts. 

Forty-sixth. — To establish and regulate public pounds. Pounds. 

Forty-seventh. — To provide for the taking enumerations census. 
of the inhabitants of the city. 

Torty-eiyhth. — To regulate and prohibit the use of loco- Re|uiatc the 
motive engines within the city and require railroad cars to rolL ""^ '^^'" 
bo propelled by other power than that of steam ; to direct 
and control the location of railroad tracks, and to require 
railroad companies to construct at their own expense such 
bridges, tunnels, sewers or other conveniences at any public 
railroad crossings, as the city council may deem necessary; 
also to regulate the running of horse railway cars, the laying 



128 CITIES — NEW PRIVILEGES. 

down of tracks for tlic same, tho transportation of passen- 
gers thereon, and the kind of rail to be used. 
Biideweii and Fovty-ninth. — To erect and 'establish, either within or 

nonseofcoriec- ^^.it}^Q^;ij; j-jjg corporate limits of the city, a bridewell or house 
of correction, and. purchase grounds therefor, and ajipoint 
and keep as many assistants as rnay be necessary. In the 
said bridewell or house of correction shall be confined all va- 
grants, stragglers or disorderly persons, who may be com- 
mitted thereto by any court or magistrate in and for the 
city, and all persons sentenced to said bridewell or house 
of correction by any court or magistrate in and for the city, 
for any misdemeanor punishable by imprisonment under 
and by virtue of any ordinance of said city ; and all per- 
sons confined therein ma}' be kept at labor or solitary con- 
finement as the said city council may. by ordinance, direct. 
Honec of cor- Fiftieth. — To Icaso or purchase, improve and maintain 

rection. suitable grounds within or without the corporate limits of 

said city, for a house of refuge and correction or reform 
school, to erect buildings thereon, and adopt such rules and 
regulations for the government thereof, and tliC commitment 
and correction of juvenile offenders therein, as may from 
time to time be deemed expedient. 
Weights and Ff^vfii'^^- — To require ever}'^ merchant, retailer, trader, 

mc£i£iiref. j^.,(] dealer in merchandise or other property of any descrip- 
tion, which is sold by measure or weight, to cause their 
weights or measures to be sealed by the city sealer, and 
to be subject to'liis inspection, and to authorize the col- 
lection of fees therefor. The standard of weights and 
measures shall be conformable to those now established by 
law. The corporation shall have exclusive control of scales 
in the city. 

Improve harbor. Fifty -secoud. — To regulate, preserve and improve the 
harbor; to prevent any use of the same, or any act in re- 
lation thereto, inconsistent with or detrimental to the public 
health, or calculated to render the waters of the same, or 
atiy part thereof, impure or oflensive, or tending in any de- 
gree to fill up or obstruct the same ; to prevent and punish 
^ the casting or depositing therein any earth, ashes, or other 
substance, tilth, logs or floating matter ; to prevent and re- 
move all obstructions therein and punish the authors there- 
of. The harbor of the city shall include all public wharves 
and landing places, and all of Lake Peoria and Illinois river 
as lies within the corporate limits of said city. 

Wharfage. Fifty-third. — To regulate the erection of private wharves, 

docks, slips and landing places in said city, and to fix the 
rates of wharfage thereat, and to compel the owners thereof 
or persons using the same to pay a license therefor. 

Shade trees. I^iftyfouvth. — To direct and rc::(ulate the planting and 

preserving ornamental trees in the streets and public 
grounds. 



CITIES — NEW PRIVILEGES. 129 

Fifty-fifth. — To fill up, drain, cleanse, alter, relay, re- Drams, etc. 
pair and regulate any grounds, barns, yards, slips, cellars, 
private.drains, sinks ancl privies and direct and regulate their 
construction, and cause the expenses to be assessed and col- 
lected in the manner herein provided. 

Fifty-sixth. — To erect and establish within or without Hospitals. 
the limits of said city one or more pest houses, hospitals or 
dispensaries, and purchase grounds therefor, and control 
and regulate the same. 

Fifty-seventh. — To prevent any person from bringing or unwholesome 
depositing any dead carcass, or depositing or having within provisions. 
the limits of said city any dead carcass or any other un- 
wholesome substance, or any putrid or unound beef, pork, 
fish, hides or skins of any kind, and to cause the removal 
or destruction thereof, as said city council shall, by ordi- 
nance, direct. 

Fifty-eighth. — To control, regulate, repair, amend and street im- 
clear the streets and alleys, bridges, side and cross walks, and I'^ovements. 
open, widen, straighten, extend and vacate and name streets 
and alleys, and establish and alter the grade thereof, and 
prevent the incumbering of the streets in any manner, and 
protect the same from any encroachments or injury, 

B^ifty ■ninth. — To appropriate money and provide for tlie Debts and cs- 
payment of the debt and exj'enses of the city. city^^^ 

Sixtieth. — To divide the city into wards and alter the wards. 
boundaries thereof, and to create any number of additional 
wards in said city : Provided., that under this act there 
shall be no increase of wards oftener than once in three 
years, and not lor three months next preceding any municipal 
election. 

Sixty-first. — To authorize the taking up and provide for Desiume chii- 
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, and growing up in mendicancy, 
ignorance, idleness or vice. 

Sixty-second. — To authorize the arrest, fine, and imoris- f^"*'*'?„l°?J"*^°' 
onment m the city bridewell or House ot correction, as va- 
grants, all persons, who, not having visible means to main- 
tain themselves, are without employment, idly loitering or 
rambling about, or lounging in groceries, drinking saloons, 
houses of ill-fame, or houses of bad repute, gambling houses, 
railroad depots or tire engine houses, or who shall be found 
trespassing in the night time upon the private premises of 
others, or begging or placing themselves in the streets or 
other thoroughfares or public places to beg or receive alms; 
also keepers, exhibitors or visitors, at any gambling house, 
gaming table, house for fortune-telling, places for cock fight- 
ing, or other places of fraudulent devise, and ail persons 
who go about for the purpose of gaming or watch etnthng, 
or who shall have in their possession imy article or thiirg 
used for obtaining money on false pretenses, or who shall dis- 
Vol.Il— 17 



130 CITIES — NEW PEIVILEGES. 

turb any place where public or private schools are held on 
week days or Sabbaths, or places where religious worship 
is held. 

Bridges. Sixty-tJih'd. — To establish, erect and keep in repair 

bridges. 
Regulate the Svxty-fourth. — To regulatc the police force of said city, 

pouceofthecity ^^^ prescribe their duties and powers, and to fix the com- 
pensation of all city officers, and regulate the fees of juries, 
witnesses and others, for any services rendered under this 
act or the ordinances of the city. 

^ To regulate Sixty-JiJ-tfi. — To tax, liccuse and regulate second hand 

junk^sto^el '^^ and juuk stores, and to forbid their purchasing or receiv- 
ing from minors, without the written consent of their par- 
ents or guardians, any article whatever. 
Power to make § 8. The City council shall have power to make all ordi- 

ordiuanoes. naiAces which shall be necessary and proper for carrying 
into execution the powers specified in this act, so that such 
ordinances be not repugnant [to] nor inconsistent with the 
constitution of the United States or of this state. 

Cemeteries. g 9. The city couucil is hereby authorized to purchase 

for said city such tracts of land without the city limits, for 
the purpose of establishing cemeteries for the interment of 
the dead therein, as they may think necessary, and to regu- 
late and protect the same. 

Insurance com- g iQ. The city couucil shall have exclusive power to 

pames. license, tax and regulate, within said city, all insurance 

companies and their agencies doing business in said city, 
and to compel such companies, or their agents, to take out 
such license and pay such taxes. 

License feriies. g 11. The city couucil shall bave exclusive power to 
regulate and license ferries. 
Espeuses of § 12. The cxpeuscs of all legislation by the city council 

byinS'^ua^if!'^ of said city, for private individuals and companies, shall be 
paid for by such private individuals and companies. 

CHAPTER V. 

TEE TREASURY DEPARTMENT — DUTIES OP TREASURER, 

Trcafurer. SECTION 1. The City treasurer shall receive all moneys 

belonging to the city, except school moneys, and shall keep 
his books and accounts in such manner as the city council 
may prescribe; and such books and accounts shall be 
always subject to the inspection of any member of the city 
council. 
Mayor to sign § 2. All warrants drawn upon the treasurer must be 

the issue of war- gjgj^Q^-j ]^j ^\^q mayor and countersigned by the clerk, sta- 
ting the particular fund or appropriation to which the same 
is chargeable, and the person to -whom pa3"able ; and no 
money shall be otherwise paid than upon such warrant, as 
drawn, except as hereinafter provided. 
Further duties § 3. lie shall keep a separate account of each fund or 

of city treasurer appropriation, and the debts and credits belonging thereto. 



CITIES — NEW PRIVILEGES. 131 

He shall give every person paying money into the city 
treasury a duplicate receipt therefor, specifying the date of 
payment, and upon what account paid ; and he shall also 
file copies of such receipts with the clerk at the date of his 
monthly reports. 

§ 5. The treasurer shall, at the end of each and every Treasurer to 
month, and oftener if required, render an account to the ^'^^°'^^°^''°^^^^' 
city council, or such officer as the said council may desig- 
nate, under oath, showing the state of the treasury at the 
date of such account, and the balance of money in the 
treasury. He shall also accompany such account with a 
statement of all moneys received into the treasury, and on 
what account, together with all warrants redeemed and 
paid by him ; which said warrants, with any and all vouch- 
ers held by him, shall be delivered to the clerk, and filed, 
with his said account, in the clerk's office, upon every day 
of such settlement. He shall return all warrants paid by 
him, stamped or marked " paid," and shall give a list of 
said warrants, stating the number and amount of each. 

§ 6. The treasurer shall keep all moneys in his hands. Penalty for 
belonging to the city, separate and distinct from his own ^'''°° "^"^ 
moneys ; and he is hereby expressly prohibited from using, 
either directly or indirectly, the corporation money or w^ar- 
rants in his custody and keeping, for his own use and ben- 
efit, or that of any other person or persons whomsoever ; 
and any violation of this provision shall subject him to 
immediate removal from office by the city council, who are 
hereby authorized to declare said office vacant ; and the 
city council shall appoint a successor, who shall hold his 
office for [the] remainder of [the] term unexpired of such 
officer so removed. 

§ 7. The treasurer shall report to the city council. Annual repcrt. 
annually, on the first Tuesday in January, and oftener if 
required, a fall and detailed account of all receipts and 
expenditures during the preceding fiscal year, and the state 
of the treasury. He shall also keep a register of all w^ar- 
rants redeemed and paid during the year, describing sach 
warrants, their rate, amount, number, the fund from whicli 
paid, and persons to whom paid — specifying also the time 
of payment ; and all such warrants shall be examined at 
the time of the making such annual report to the city 
council, by the finance committee. 

§ 8. All moneys received on any special assessment 
shall be held by the treasurer as a special fund, to be applied 
to the payment of the improvement for which the assess- 
ment was made ; and said money shall be used for no other 
purpose whatsoever. 

§ 9. The treasurer shall give bond, with sureties, to Bond aod surety 
the amount of not less than one hundred thousand dollars ; 
and the amount of his bond shall be increased to such sum 
as may be fixed by the city council — said bond to be ap- 



'pecial 
incuts. 



1S2 CITIES — NEW PEIVILEGES. 

proved by the city council, and filed in the clerk's office, 
and entered on record. He shall also be sworn, the same 
as other officers, to the faithful discharge of the duties of 
his office. 

CITY COLLKCTOK. 

DuticD of the § 10. It shall be the duty of the city collector to collect 
city collector, ^^y taxcs and assessments which may be levied by said city, 
and perform such other duties as may be prescribed or 
ordained by the city council. He shall keep his office in 
such place as may be designated and provided by the city 
council, appropriate to the keeping of such office, in the 
treasury department ; and shall keep in said office, besides 
his collection and revenue warrants, sucli other books, 
vouchers, records and accounts as the city council may, by 
regulation of the department, direct and prescribe; which 
books and records, and all other ])aper8, shall remain in 
and pertain to said ofrlce, and be handed over to the suc- 
cessor or successors of said officer, or deposited in the office 
of the clerk. 
Finance com- § 11, All the city collcctor's papers, books, warrants 
^nt?oi °of pa- and vouchers shall be examined by, and the same are 
P^'^- hereby placed under the supervision of, the clerk, or finance 

committee, as the council may direct; and the collector 
shall, weekly, on receipt of the same, pay over all moneys 
collected by him, of any person or persons, to the city 
treasurer, and the treasurer of the board of school inspect- 
ors, taking their receipt therefor, which said collector shall 
immediately file in the clerk's office. 
Collector to re- § 12. The city collector shall make report in writing, 
portinwntmg. ^^^j^j. oatb, to the finance committee or clerk, weekly, or 
oftener if required, of the amount of all moneys collected 
by him, the account upon which collected, and shall file 
with the clerk the vouchers or receipts of the treasurer for 
the amount so collected. He shall, also, on the last Tues- 
" day in December in each year, submit to the city council 

and finance committee a statement of all moneys by him 
collected during the year, and the particular warrant, 
assessment or account upon which collected, and the bal- 
ance of moneys uncollected on the M'arrants in his hands, 
or returned to the clerk; and a copy of such statement 
shall also be filed with the clerk. 
Collector pro- § 13. The city collector is hereby expressly prohibited 
keJpfngthe^dt^ f"om keeping the moneys of tlie city in his hands, or in 
funds. tj^e hands of any person or corporation to his use, beyond 

the time prescribed for the payment of the same to the 
city treasurer ; and any violation of this provision shall 
subject him to immediate removal from office by the city 
council ; and it is hereby declared to be the duty of the 
city council, upon such removal being made, to appoint a 



0ITIE8 — NEW PRIVILEGES. 133 

successor, who shall hold his office for the remainder of the 
unexpired term of such officer so removed. 

§ 14:. The collector shall give bond, with sureties, to ^^coiicctor 
the amount of not less than one hundred thousand dollars ; 
and the amount of his bond may be increased to such sum 
as may be fixed by the city council — said bond to be ap- 
proved by the city council, and filed in the clerk's office, 
and entered on record. He shall also be sworn, the same 
as other officers, to the faithful discharge of the duties of 
his office. 

§ 15. If the collector shall receive any moneys for Malfeasance of 
taxes or assessments, giving a receipt therefor, for any collector, 
lands or parcel of land, and al'terward sell the same at any 
sale for taxes or assessments, for the tax or assessment 
whicli has been so paid and receipted for, by himself or 
assistant, he and his bond shall be liable to the holder of 
the certificate given to the purchaser at the sale, for double 
the amount of the face of the certificate, to be demanded 
within two years from the date of sale, and recorded in any 
court having jurisdiction of the amount ; and the city shall 
in no case be liable to the holder of such certificate. 

GENERAL PKOTISIOXS. 



§ 16. The finance committee and the clerk shall annu- Report of ihc 
ally meet, in the month of December, and compare all such tce*°^'^ commit- 
reports and statements as are made by the clerk, treasurer 



and collector with the clerk, there shall be an appeal to the commmee"''"'^'^ 
finance committee, whose decision in all matters of contro- 
versy arising between said officers in the treasury depart- 
ment shall be binding, unless the city council shall other- 
wise direct and provide. 

§ 18. The said collector and treasurer shall perform such Treasurer and 
other duties and be subject to such other rules and regula- Fur^the'r^dniies. 
tions as the city council may, from time to time, by ordi- 
nance, provide and establish. 

§ 19. The treasurer and city collector, and all receivers ,,'^".Y^°!'^y^J^ 

r -^ -11 . n . ' ,.1 • 1 . the city loaned. 

01 City money, are hereby required to keep sately, without 
loaning or using, all the city or public moneys collected by 
them or otherwise, at any time, placed in their custody or 
disposal, until the same are paid over or directed by the 
proper oflicer, warrant, law or order of the corporation to 
be transferred or paid out, and to make all payments and 
transfers promptly, when thereto required by any law or 
order of said corporation. And if either of said officers, or 
of those connected with them in the collection, safe-keeping 
or disbursing of said city revenues, shall convert to his or 
^heir own use, in any way whatever, or shall use by way of 
investment in any kind of property or merchandise, or shall 



134 CITIES — NEW PRIVILEGES. 

loan, with or without interest, any portion of said city mon- 
eys entrusted to him or them for safe keeping, disburse- 
ment, payment, transfer or for any other purpose, every 
such act shall be deemed and adjudged to be an embezzle- 
ment of so much of the said moneys as shall be thus taken, 
converted, invested, used or loaned, which is hereby de- 
clared a felony ; and any officer or agent of said city, and 
all persons advising or participating in such act, or being a 
party thereto, shall, upon conviction before any court of 
competent jurisdiction in this state, be sentenced to impris- 
onment for a term of not less than six months nor more 
than ten years in the penitentiary of this state, and also be 
fined in a sum equal to the amount of the money embezzled, 
which shall be, when collected, paid into tlie city treasury. 
lAccountsveri- § 20. All retums and accounts made or required to be 
fiedby oath. rendered under this act by any of the officers of said treas- 
ury department shall be verified by the oath of the person 
rendering it; in which said oath it shall be declared that 
said statement, so far as he knows or has reason to believe, 
is a fair, accurate and full statement of the matters to which 
it relates, and of all moneys in his hands, or which any one 
for him has received, since his last official account was ren- 
dered ; and that he has not, directly or indirectly, used, 
loaned, invested or converted to his own use, or suffered 
any one to use, loan, invest or convert to their or his use 
any of the public moneys receivable or received by him, or 
subject to his warrant or control, but that he has acted dili- 
gently and without any collusion or frauds in the collection 
or disbursement of the public moneys of said city, and that 
he has rendered a true and full account thereof in his said 
statement ; which oath shall be attached to and filed with 
said accounts in the ofiice of the city clerk. And in case 
said statements, or any of them, shall be false, the said per- 
son so making suqh statement shall be deemed guilty of 
willful and corrupt perjury, and shall be punished accord- 
ingly. 
Appropriations . § 21. All appropriations shall be based upon the specific 
and detailed statements made by some proper head of a 
department or ofiicer of the city, and shall be made within 
the first quarter of the fiscal year — which fiscal year shall 
be held to commence on the first day of January of every 
year. 
Noadciitionsto § 22. Neither the city council nor any department or 
beyond amount officcr of the city shall add to the city expenditures, in any 
appropriated. ^^^ yenY, anything, over and above the amount provided 
for in the annual appropriation bill of that year, except as 
herein specially provided ; and no expenditure for an im- 
provement to be paid for out of the general fund of said 
city shall exceed, in any one year, the amount for such im? 
provement in the annual appropriation bill : Provided:, 
however^ that nothing herein contained shall prevent the 



CITIES — NEW PRIVILEGES. 1 36 

city council from ordering any improvement, the necessity 
of which is caused by any casualty or accident happening 
after such annual appropriation is made. The city council 
may order the mayor and finance committee to borrow a 
sufldcient amount to provide for the expense necessary to 
be incurred in making any improvement the necessity of 
which has arisen as is last above mentioned, for a space of 
time not exceeding the next municipal year ; which sum 
and the interest shall be added to the amount authorized to 
be raised in the next general tax levy and embraced there- 
in. Should any judgment be obtained against the city, the 
mayor or finance committee, under the sanction of the city 
council, may borrow a sufficient amount to pay the same, 
for a space of time not exceeding the close of the next mu- 
nicipal year ; which sum and interest shall in like manner 
be added to the amount authorized to be raised in the next 
general tax levy of the next year and embraced therein. 

§ 23. Whenever any bonds of the city which may have Kewbondamay 
been heretofore, or may be hereafter lawfully issued, shall ^® ''^"^'^' 
become due, the city council may, by ordinance, authorize 
the mayor and clerk to issue new bonds, to an amount suf- 
ficient to retire and satisfy the same, running not to exceed 
twenty years, bearing interest at a rate not exceeding seven 
per cent, per annum, payable semi-annually, and payable, 
principal and interest, at such place as they may direct. 

§ 24. The clerk shall keep in his office, in a book or , a register of 
books kept separately for this purpose, a correct list of all 
the outstanding bonds of the city, showing the number and 
amount of each, and when and to whom the same were 
issued ; and when any of said bonds are purchased or paid 
and canceled, said book or books shall show the same. In 
his annual report, the clerk shall describe particulary the 
bonds sold during the year, and the terms of the sale, with 
each and every item of expense thereof. He shall also de- 
scribe the bonds paid or purchased in order to be canceled, 
the person of whom purchased and the amount paid, with 
each and every item of expense thereof. 

§ 25. In case of any deficiency in any fund to meet neficieucy in 
any demand upon it, the mayor and clerk may use, to meet 
such demand, any money standing to the credit of any other 
fund, either general or special, except the water fund, the 
school tax fund and special assessment fund : Frovided, the 
consent of the city council shall be first had and obtained 
thereto. A correct account of all moneys so transferred 
shall be ke])t by the clerk ; and said moneys shall be re- 
placed within not to exceed three months, out of the reve- 
nue subsequently received into the treasury, to the credit 
of the fund thus^ supplied. No money shall be so used or 
transferred unless adequate provision has been made which 
will permit tiie reimbursement within said period. 



houds kept. 



136 



CITIES — NEW PEIVILEGES. 



Limit issue of § 26. 
bouds. 



Not to be in- 
terested in con- 
tracts. 



City cltrk, pro 



No bonds or other evidences of debt shall be 
issued by the city except as in this act provided. 

^ 27. No contract shall be hereafter made by the city 
council or any committee or member thereof, and no ex- 
pense shall be incurred by any of the officers or depart- 
ments of said city government, whether the object of the 
expenditure shall have been ordered by the city council or 
not, unless an appropriation shall have been previously 
made concerning such expense ; and no member of the city 
coancil, head of department, clerk, city officer, assistant or 
employee in any department of said city, shall be directly 
or indirectly interested in any contract, the consideration 
of which is paid from the city treasury, under the penalty of 
his removal from office. 

§ 28. In case of the sickness, absence or other tempo- 
rary disability of the clerk of said city to attend to the du- 
ties of his office, the city council shall elect a clerk fvo tern., 
who shall have all the powers of the clerk during his ab- 
sence or disability. 



CHAPTER VI. 



PUBLIC IMPROVEMENTS AKD SPECUL ASSESSMENTS. 



Power of cit« 
coaucil. 



Erect wharves. 



Improvement 
of streets, alleys 
and highways. 



Sidewalk?, etc. 



Public square. 



Expenses for 
improvements. 



Grading, pav- 
ing and macad- 
amizing. 



Section 1. The city council shall have power, from time 
to time — 

First. — To lay out public streets, alleys, lanes, avenues 
and highways in said city, and extend, alter, widen, con- 
tract, straighten and discontinue the same, and to purchase 
and lay out public parks and squares or grounds. 

Second. — To establish, erect, make, regulate and repair 
public wharves, docks, slips and landing places in said city, 
and extend, alter, widen, contract, straighten and discon- 
tinue the same. 

Tkird. — To cause any street, alley, lane, avenue or high- 
way to be filled, graded, leveled, paved, curbed, walled, 
graveled, macadamized or planked, and keep tlie same in 
repair. 

fourth. — To cause cross and sidewalks, main drains and 
sewers, area walls, lamp posts and private drains, to be 
constructed and laid, relaid, erected, cleansed and repaired. 

Fifth — To till, grade, improve, protect and ornament any 
public square now or hereafter to be laid out. 

§ 2. Tlie expenses of any improvement mentioned in 
the foregoing section shall be defrayed, save as is herein 
otherwise provided, by a special assessment upon the real 
estate benefited thereby — to be levied in the manner here- 
inafter prescribed. 

§ 3, All applications or propositions for the establish- 
ing of the grades of streets or for a change of grade, the 
erection of lamp posts, the grading, regrading, paving, re- 
paving, graveling and regraveling, macadamizing, planking 



CITIES — NEW rEIVlLEGElS. 13Y 

and repiankin<y of streets, alleys, lanes, avenues or Ligh- 
wajs, the constructiou and repairs of sidewalks, main drains, 
sewers and private drains, the improvement of public 
grounds or buildings belonging to the city, except school 
bouses or grounds, the opening, closing, straightening, 
widening and repairing of any street, lane, alley, avenue 
or highway, or for any other improvement, the doing of 
which is within the discretion and control of the municipal 
government of said city, shall be made to the city council, 
and by them referred to the proper standing or regular 
committee of said council. Upon receiving any such ap- 
plication or proposition, the said committee shall proceed to 
investigate the same, and if they sha,ll determine that such 
improvement is necessary and proper, they shall report the 
same to the city council, accompanied with a statement of 
the expense thereof, and a proper order or ordinance direct- 
ing the work, and shall, in such estimate, specify how much 
of said expense, in their opinion, may be properly charge- 
able to the real estate especially benefited by such improve- 
ment, and how much may be properly chargeable to and 
paid out of the general fund of said city. If said committee 
does not approve of such application, they shall report their 
reasons for their disapproval to the city council. Having 
reported on such application, and recommending that the 
improvement be made, or disapproving of it, the city coun- 
cil may then, in either case, order the doing of such work 
or the making of such public improvement after having 
tirst obtained from said committee an estimate of the ex- 
pense thereof, and shall, in such order, specify what amount 
of said estimated expense shall be assessed upon the proper- 
ty deemed specially beneiited, and what amount shall be 
chargeable to and paid out of the general fund. The city 
council may, in like manner, order, whenever they think 
proper, any improvement of the nature specified in this sec- 
tion, though no application may have been made therefor. 
And in all cases the city council, after having obtained from 
said committee an estimate of the expense, may make such 
changes in the proposed plan as may be petitioned for by 
any of the owners of the property to be assessed. 

§ 4. "Wheuover the said committee shall recommend phmnnd pro- 
thu opening, straightening, widening or extending of any ^^jj^f '"'i""'®" 
strcet, alley, lane, avenue or highway in said city, they shall 
furnish to the city council a plan or profile of the contem- 
plated improvement, and shall also specially report whether, 
in their opinion, [the] real estate to be benefited to the ex- 
tent of the damages, costs and expenses necessary to be in- 
curred thereby ; and whenever in any case they shall rec- 
ommend to the city council the doing of any work, or the 
making of any public improvement, to be paid for by a 
special assessment, they shall, with such recommendation, 
certify whether the contemplated improvement is asked for 
Vol. 11-18 



138 CITIES — NEW PRIVILEGES , 

by a petition of the owners of a majority of the property to 
be assessed for such improvement. And if the owners of 
a majority of the property so to be assessed, shall have 
failed to petition therefor, the same shall be ordered by 
ordinance, only, by the vote of at least two-thirds of all the 
aldermen present, such vote to be entered, by yeas and 
nays, on the record of the city council. The certiiicate of a 
majority of said committee shall be 'prima facie evidence 
as to the number of said petitioners, and of their interest 
in the property assessed. 

CO^■DEMNATIO^' PROCEEDINGS. 

Damage and § 5. Whenever any order is passed by the city council, 
recompense for ]-,y yirtnft hereof, for the opening, straightening, widening, 
or extending of any street, lane, alley, avenue or highway, 
' in said city, the commissioners, as herein provided, shall 

proceed forthwith to ascej-tain and assess the damages and 
recompense due to the owners of such land, respectively, 
and at the same time to determine what real estate will be 
benefited by such improvement, and assess the damages, 
together with the costs of proceedings, on the real estate by 
them deemed benefited, in proportion, as nearly as may be, 
to the benefits resulting to each separate lot or parcel. 

Appointment § 6. That for the purpose of making all assessments, 
Sliss"onlrs.*'°°'' Under and by virtue of this charter, there is hereby created 
a board of commissioners, who shall be known and desig- 
nated as street commissioners, who shall h^ residents and 
freeholders in said city. Said board shall make all assess- 
ments as herein required, and shall be sworn as other ofii- 
cers of the city. Said board shall consist of three commis- 
sioners, who shall be appointed by the city council, by bal- 
lot, or otherwise, on the first Tuesday in January, 1869, or 
as soon thereafter as may be. Said commissioners, when 
appointed, shall hold their offices for the term following : 
The first so appointed until the first Tuesday in January, 
1872 ; the second until the first Tuesday in January, 1871 ; 
the third until the first Tuesday in January, 1870, and until 
their successors are appointed and qualified, and thereafter 
their successors shall, respectively, continue in office three 
years. The city council shall have power to remove an}" or 
all 01 said commissioners, and appoint others in their places, 
and if either of said commissioners shall be interested in 
any assessment, said council may aj^poiut some person to 
serve in his place, for such assessment only ; and should 
any vacancy occur in said board from any cause, the said 
city council shall fill said vacancy at their first meeting 
thereafter. All commissioners to receive such compensa- 
tion as the city council may direct. 

Pabiication of § 7. The Commissioners shall give six days' notice, by 
notice. publication in the newspaper publishing the ordinances of 



CITIES — NEW PRIVILEGES. 139 

Baid city, of the time and place of their meeting, for the 
purpose of making said assessment, in which notice they 
shall specify what such assessment is to be for, and shall 
describe the land to be condemned, as near as may be done 
by general description. The meeting of said commission- 
ers, when engaged in makiugsuch assessment, shall beheld 
in a public place in said city, to be specified in said notice, 
and all persons interested in any such assessment, shall 
have the right to be present and be heard, either in person 
or by counsel. The commissioners shall view the premises 
to be condemned, and receive any legal evidence that may 
be offered, for the purpose of proving the true value thereof, 
or the damages that will be sustained, or benefit conferred, 
by reason of the contemplated improvement, and the said 
commissioners, for this purpose, are hereby authorized to 
admiuipter oaths to all witnesses produced before them. 
They shall permit the city attorney to appear before them 
at such hearing, to represent the interests of the city, and 
may adjourn from time to time until such assessment is 
completed. 

§ 8. The commissioners, in making said assessments, commissioners 
shall determine and appraise to the owner or owners, the vaiueo?iand. ^ 
value of the real estate appropriated for the improvement, 
and the injury arising to them, respectively, from the con- 
demnation thereof, which shall be awarded to such owners, 
respectively, as damages, after making due allowance 
therefrom for any benefit which such owners may, respect- 
ively, derive from such improvement. 

§ 9. If the damages to any person be greater than the Damages and 
benefit received, or if the benefit be greater than the dam- ''e'^sfl's- 
age, in either case the commissioners shall strike a balance 
and carry the difference forward to another column, so tiiat 
the assessment may show what amount is to be received or 
paid by such owners, respectively, and the difference only 
shall, in any case, be collectable by them or paid to them, 

§ 10. In the assessment of damages and benefits for the commissioners 
opening of any street or alley, it shall be lawfui fur the meuts'^ assess- 
commissioners, in their discretion, in making such assess- 
ments, where part of the land to be laid out into such street 
or alley has been theretofore donated by any person or 
persons for such street or alley, to appraise the value of the 
land so donated, and to apply the value thereof, as far as 
tiie auu)unt so appraised shall go, as an oflset to the bene- 
fits assessed, against the person or ])ersons making such do- 
nation or those claiming under them. l>ut nothing herein 
contained shall authorize any person or persons by whom 
such donaticm is made, to claim from the city the amount 
of such appraisal, except as an ofi'set, as herein ]>rovided ; 
and where the assessment is for the widening of any street 
which have been therefore either in whole or in part do- 
nated to the public by t^e proprietory of the adjoining laud, 



14:0 CITIES — NEW PKIVILEGES. 

it shall also be lawful for said commissioners, in their dis- 
cretion, to make such allowance therefor in their assess- 
ment of benefits as shall, to them^ seem equitable and just. 

Buildings takeD § H- If there should be any building standing in whole 
or in part upon the land to be taken, the commissioners 
shall add to their estimate of damages for the land the 
damage also for the building, or part of building necessary'- 
to be taken, if it be the property of the owner of the land. 
When owned by any other person the damages for the 
building shall be assessed separately. The value of such 
building to the owner to remove or of the part thereof 
necessary to be taken, shall also be determined by the com- 
missioners, and notice of such determination shall be given 
by them to the owner, when known, if a resident of the 
city, or left at his usual place of business or abode. If the 
owner is not known, or is a non-resident, notice to all per- 
sons interested shall be given, by publication for ten days 
in the newspaper publishing the ordinances of said city. 
Such owner may, at any time within ten days after service 
or the first publication of such notice, notify to said com- 
mission, as in writing, his election to take such building or 
part of building at their appraisal, and in such case the 
amount of such appraisal shall be deducted by the commis- 
sioners from the estimated damages for the land and build- 
ing, where they belong to the said owners, and from the 
estimated damages for the building where they belong to 
different owners. And the owner shall have such time for 
the removal of the building after the confirmation of the 
wheu ovmei: asscssmcnt as the city council may allow. If the owner 

at vafnatfon.^^*^ ^-^^^1 refufic to take the building at the appraisal, or fail to 
give notice of his election as aforesaid, within the time pre 
scribed, then no deduction shall be made from the estimated 
damages aforesaid. And the city council shall, after the 
confirmation of the assessment, and after the money is col- 
lected, or otherwise provided, and ready in the hands of the 
treasurer to be paid over to the owner for his damages, pro- 
ceed to sell such building or part of building, at public auc- 
tion, for cash, giving at least five days' public notice of the 
salt!, by publication in the newspaper publishing the ordi- 
nances of said city, and cause such building to be forthwith 
removed. The proceeds of such sale shall be paid into the 
city treasury, to the credit of the special assessment fund, 
raised for said improvement. 
When laud be- § 12. If the lauds and buildings belong to different 

enTpersons!'^"' persous, or if the land be subject to lease, the injury done 
to such persons, respectively, may be awarded to them by 
the conuiiissioners, less the benefits resulting to them, re- 
spectively, from the improvement. 
Proceedings^ g 13. JEaving ascertained the damages, and expenses 

commissioneref of such improvement, as aforesaid, the commissioners shall 
thereupon apportion and assess the same, together with the 



CITIES — NEW PKIVILEGE3. 141 

costs of proceedings, upon the real estate by them deemed 
benefited, in proportion to the benefits resulting; thereto 
from the improvement, r.s nearly as may be, and shall 
briefly describe the real estate upon which their assessment 
may be made, and it shall coMstitute no legal objection to 
said assessment that the amount thereof exceeds or falls 
short of the original estimate of the cost of the improve- 
inent submitted to the city council by the committee herein 
provided. 

§ 14. "When completed, the commissioners shall sign cjommissioners, 
and file the assessment roll in the office of the city clerk. "''^°' ^ 
Notice shall be given by said commissioners, by six days' 
publicaiion in the newspaper publishing the ordinances of 
said city, of the filing of such assessment roll in the clerk's 
office, and that at the next regular meeting of the city coun- 
cil, to be held after such publication, they will apply to the 
city council for cuniirmation of said assessment. Objections 
to said assessment may be heard before the city council, 
but all parties objecting shall file their objections in writing 
in the office of the city clerk, at least one day prior to such 
meeting of the gity council. Should no quorum be present 
at the meeting, the matter shall stand postponed to the 
next regular meeting of the council when there shall be a 
quorum. The council shall have power to adjourn such 
hearing from time to time, and shall have power in their 
discretion to revise and correct the assessment, supply 
omissions, and confirm or amend the same, and direct a new 
assessement to be made. Said assessment, when con- 
firmed by the city council, shall be final and conclusive 
upon all parties interested therein, except as hereinafter 
provided ; and when said assessment is confirmed, and no 
appeal is taken, as herein provided, a warrant shall issue 
for the collection of the same, signed by the mayor and 
city clerk. If said assessment shall be annulled by the 
city council, or set aside by the court, the commissioners, 
or others chosen in their stead, in the manner hereinbefore 
prescribed, shall proceed to make a new assessment, 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 rights, and the city council shall 
perform like duties and shalf have like powers in relation 
to any subsequent determination as are hereby given in 
relation to tiie first. 

§ 15. Any person whose property has been taken, and objections. 
who has filed objections to said assessment, as herein pro- 
vided, shall have the right, at any time within thirty days 
after the confirnuUion of the same by the city council, and 
not after that time, having first given notice of his or her 
intention so to do, to the city attorney or city clerk, speci- 
fying in such notice the court to which the appeal is to be 
taken, to pray an appeal to any court of general jurisdiction 



IJ-^ CITIES — NEW PKIVILEGES. 

in Peoria county from tlie order of the city council confirm- 
ing such assessment, upon tiling a bond to said city, ap- 
proved by the judge or judges of the court to which the ap- 
peal is to be taken, conditioned to save the city harmless 
from all damages caused by taking of such appeal. In 
case of appeal, a copy of the assessment roll as confirmed 
by the city council, and of the objections to the final or- 
der confirming the same, shall be iiied in the office of the 
clerk of the court to which such appeal shall be taken, and 
the cause shall be docketed by such clerk in the name of 
the person taking snch appeal against the city of Peoria, as 
"an appeal from assessment." The said cause shall be 
then at issue, and shall have preference in order of trial 
over all civil cases pending in said court. Such appeal 
shall be tried by the court, and in such trial the only ques- 
tion to be passed upon shall be, whether the city council 
has jurisdiction in the case, and whether the assessment was 
legally made. The judgment of the court shall be either 
to confirm or annul "the assessment, from which judgment 
no appeal or writ of errror shall lie 
Confirmation § iQ^ When auy sucli asscssmcut shalj have been con- 

sessmS. "^" fii med by the city council, and no appeal shall have been 
taken, when judgment to confirm the assessment shall have 
been rendered thereon, the same shall be a lawful and suf- 
ficient condemnation of the land or property ordered to 
be appropriated. The city council shall thereupon cause 
to be paid to the owner of such property, or his agent, the 
amount of damages, over and above all benefits which may 
have been awarded therefor, as soon as a sufficient amount 
of the assessment shall have been collected for that pur- 
pose ; but the claimant shall in all cases furnish an abstract 
of the title, showing himself entitled to such damages?, be- 
fore the same shallbe paid. If, in any case, there shall 
be any doubt as to who is entitled to the damages for 
land taken, the city may require of the claimant a bond, 
with good and sufficient sureties, to hold said city harm- 
less from all loss, costs and expenses, in case any other 
person should claim said damages. In all cases, the title 
to laTid taken and condemned in the manner aforesaid, 
shall be vested absolutely in the city in fee simple. 
Payment for § IT. As soou as moncy is collected and ready, in the 

landtakfin. hauds of the treasurer, to be paid over to parties entitled to 
damages for property condemned, ten days notice thereof 
shall be given bj the mayor in the newspaper publishing 
the ordinances of said city; and the city may then, and not 
before, enter upon, take possession of, and appropriate the 
property condemned. 
Effect of con- § 18." When the whole of any lot or parcel of land, or 

demuiugiand. Qj-'^g^, 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 agreements, and engagements 



CITIES — NEW PfilVILEGES. 143 

respecting the same, or any part thereof, shall, upon pub- 
lication of the notices required in the preceding section, re- 
spectively, cease, and be absolutely discharged. 

§ 19. Where part, only, of any lot or parcel of land, or where only a 
other premises so under lease, or other contract, shall be Fs^'^keDf ^ ^""^^ 
taken for any of the purposes aforesaid, by virtue of this 
act, all covenants, contracts and agreements, and engage- 
ments respecting the same, upon publication of the afore- 
said notice, shall be absolutely discharged as to the part 
thereof so taken, but shall remain valid as to the residue 
thereof; and the rents, considerations and payments re- 
reserved, payable and to be paid for 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 recoverable for the same. 

§20. All proceedings taken by said commissioners in Proceedings to 
relation to the laying out of any street, alley, lane, avenue ^'^ ^'"^'''^^'^^ 
or highway, or the widening, extending, contracting, 
straightning or discontinuing the same, eball be recorded 
by the city clerk, in a book or books kept for that purpose, 
describing particularly the said improvements, and the real 
estate required to be taken. If, in any case, not sufficient 
beneht sball have been found to balance the damages, ex- 
penses and costs of proceedings for the opening, straight- 
ning, widening or extending of any street, lane, alley, ave- 
nue or highway in said city, the city council may, never- 
theless, order the work to be done, and the amount of the 
excess of damages, expenses and costs, over the benefits, 
shall be charged to and defrayed out of the general fund ; 
and nothing in this act shall prevent the city council, when- 
ever, in the opinion of the same, it shall be necessary to 
take private property for opening, altering, widening," ex- 
tending, straightning or establishing any public square or 
grounds, streets alleys, avenues, highways, public wharves, 
docks, slips, or lauding places, within the hmitsof said city, 
to make just compensation therefor, to the person or per- 
sons whose property is proposed to be taken, if the com- 
pensation can be agreed upon between the city council and 
said ])erson or persons, and said city council is authorized 
and empowered to pay said compensation, and the costs of 
the making of the aforesaid mentioned improvements, out 
of the general fund. 

IMPUOVEME.VT OP STREETS. 

§ 21. Whenever any order shall be passed by the city improvement 
council of said city, by virtue hereof, for the filliug, level- °^"'^^'^- 
ling, grading, paving, curbing walling, graveling, macada- 
mizing, planking, or repairing of any street, lane, avenue, 
alley or highway in said city, or for the construction, re- 
construction, laying or relaying of any sidewalk or private 



144 CITIES — NEW PEIVILEGES. 

drain, or for the making of any public improvement, on 
account of which authority is given by this chapter to levy 
special assessments, the street commissioners shall proceed 
to assess the amount directed by the city council to be as- 
sessed for that purpose, with the costs of the proceedings 
therein, upon the real estate by them deemed specially ben- 
efited by any such improvement, in proportion, as nearly as 
may be, to the benefit resulting thereto. 
Eaiiway com- § 22. Where, in any case, any portion of the expense of 

ass°essld?^^ ^^ making any improvement, mentioned in the foregoing sec- 
tion, shall, by virtue of any valid law or ordinance of the 
corporation, or by virtue of any valid contract, be chargea- 
ble upon any railway company, the amount so chargeable 
may be assessed upon said railway company, and the bal- 
ance only upon the real estate benefited thereby; and the 
city may collect the amount so assessed upon said railway 
company by distress and sale of property, as in other cases, 
or by suit brought for that purpose : Frovided, that any 
such real estate belonging to such railway company, and 
deemed benefited by the said improvement, shall be as- 
sessed as in other cases. 
Assessment no- § 23. Before proceeding to make an assessment for any 

*^^°' improvement mentioned in the two preceding sections, said 

commissioners shall be sworn as in other cases, and shall 
give six days' notice, by publication in the newspaper pub- 
lishing the ordinances of said city, of the time and place of 
their meeting for the purpose of making said assessment, 
in which notice they shall specify what such assessment is 
for, and the amount to be assessed. All persons interested 
in any such assessments shall have the right to be present and 
be heard, either in person or by counsel; and the said com- 
missioners may, in their discretion, receive any legal evi- 
dence, and are hereby authorized to administer oaths to 
such witnesses, and adjourn from time to time. 
Return of as- §24. When the Commissioners shall have Completed their 

sessment lists, rjgggggj^gjjl;^ they shall sigu and return the same in like 
manner, and give like notice of the application to the city 
council for confirmation, as herein required in relation to 
assessments for the condemnation of real estate; and all 
parties in interest shall have like rights, and the city council 
shall perform like duties, and have like powers, so far as the 
same are applicable in relation to such assessments, as 
herein given in relation to assessments for the condemna- 
tion of real estate. When confirmed by the city council, 
said assessment shall be final and conclusive upon all parties 
interested therein, and shall be collected as in other cases, 
and no appeal shall be taken from the order of confirma- 
tion. If any assessment be annulled or set aside, the said 
commissioners shall proceed to make a new assessment, and 
shall return the same in like manner, and give like notices, 
as herein required in relation to the first. 



CITIES — NEW PEIVILEGES. 145 

§ 25. When, in any case, it shall be deeircd necescai'j General pow- 
by the city conncil to cause any sidewalk to be raised, low- era of conncii. 
ered, repaired or relaid, or any private drain to be raised, 
lowered, repaired or cleansed, it shall be lawful for said 
council to instruct the committee on streets, alleys and 
bridges, or other appropriate committee of said council*, to 
rerpire tlio owner of the premises in front of, adjacent to 
or upon which said improvement is to be made, to make 
the same forthwith, or within such reasonable time as the 
said city conncil may prescribe, by written notice to that 
effect, or the city council may instruct said committee to 
have the work done and paid for out of any moneys in the 
general fund, not otherwise appropriated. Said committee 
shall then report to the city council the amount of said ex- 
penditure, giving a description of the lots or premises liable 
therefor, and the amount for which each is chargeable. 
The city council shall thereupon assess the said expenses 
by an order, ordinance or resolution, upon such lots or 
premises, respectively, and the same may be collected by 
warrant and sale, as in other cases. In like manner, when 
the city council shall have ordered the construction or recon- 
struction or repairing of any sidewalk or private drain, it 
shall be lawful for said committee to cause the work to be 
done and paid for as above, or by agreement with a con- 
tractor, payment to be made out of the special assessment 
to be levied for the same, and shall then report to the city 
council the cost and expense of said work, with all proceed- 
ings relative thereto, giving a description of the lots and 
premises to which said expense is chargeable; and the city 
council shall thereupon assess the said expenses upon such 
lots, respectively, and the same may be collected by warrant 
and sale of the premises, 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 city council may 
also, by ordinance, impose such penalties upon the owners 
aforesaid, for any neglect or refusal to comply with the 
aforesaid requirements, not exceeding twenty dollars for 
each day's neglect, as to the said city council shall seem most 
proper. All assessments authorized under this section shall 
be collected by said city, with damages, at the rate of one 
per cent, a month 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 
collector that the warrant for such assessment has been re- 
ceived by him for collection. 

§ 20. Nothing in the preceding section contained shall , ^wewaiks to 

■, '^ ^ J ^ , ,r , *= „ lie kept in a safe 

be so construed as to relieve the owners or occupants ot comiiuon. 
real estate from the duty of keeping the sidewalk in front 
of or adjacent to their respective premises at all times in a 
safe condition, and in a good and thorough state of repair: 
Vol. 11-19 



140 CITIES— NEW PEIVTLEQES. 

but such duty is hereby expressly enjoined and imposed 
upon all such owners and occupants; and if, at anytime, any 
injury shall be sustained by any individual, or the city shall 
be subjected to any damages in consequence of any defect 
in the sidewalk, or its being out of repair, the owner and 
occupant of the adjacent premises, whose duty it is to make 
repairs, shall be jointly and severally liable therefor; and 
the same may be recovered by suit in any court of general 
jurisdiction. If the owner be a non-resident, proceedings 
may be commenced against the property by attachment, as 
in other cases of attachment under the laws of this state. 
Upon the passage of any order, referred to in section (21) 
twenty-one of this chapter, the city council may, in their 
discretion, cause said improvement to be made and paid for 
out of any moneys in the treasury not otherwise appropri- 
ated, and afterward cause the expense thereof, together 
with all costs, to be reimbursed by special assessment, to 
be levied and collected as in other cases. In case it shall 
be hereafter determined by judicial decision that any of 
the improvements, authorized by law or by this act to be 
done or made by the city, cannot be paid for in whole or 
in part by special assessment for benefit, then it shall be 
lawful for the city council, and they are hereby authorized, 
to levy and collect taxes for such purposes on all the 
property assessed in said city for general revenue purposes. 

REMOVAL OF NOTSANCES, 

Expenses for g 27. In all cases where expense may be incurred 
mfiJnccr^' °^ in the removal of any nuisance, or where it shall have been 
necessary to provide for the expense of or the removal of 
any nuisances, the city council may cause the same to be 
assessed against the real estate chargeable therewith, in 
the manner prescribed in the twenty-fifth section of this chap- 
ter. Such expenses shall be likewise collectable of the owner 
or occupant of such premises, in a suit for money expended 
to his or their use. Suit may in like manner be brought for 
such expenses against the author of such nuisance, when 
known, or any person whose duty it may be to remove or 
abate tlie same. ' 



Sewerage and | 28. That, for the purposc of establishing a system 
rainage. ^^. drainage and sewerage in said city, the city council 

may have power to cause the city to be laid off into dis- 
tricts, to be drained by principal, lateral or tributar}' 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. 
Ppociai tax. § 29. AYhenever the city coimcil shall deem it neces- 

sary, and order the construction of such drains and sewers 



CITIES — NEW PRIVILEGES, 1*? 

within any district bo laid ofl", the said council shall have 
power to levy and collect a special tax on the real estate 
within the district so drained, and not to exceed seven mills 
on the dollar, per annum, on the assessed value thereof, for 
the purpose of constructino^ 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 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, princi- 
pal and interest, from the special tax collected in such dis- 
tricts, 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. 

GENERAL PROVISIONS. 

§ 30. In all cases, where there is no agreement to Landlords aud 
the contrary, the owner or landlord, and not the occupant 
or tenant, shall be deemed the person who ought to bear 
and pay every charge or assessment made for the expense 
of any public improvement. Where any such charge or 
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 person or 
persons so paying to sue for, and recover of the person 
bound to pay the same, the amount so paid, with interest, 
or ho may retain or deduct the same from any rent due or 
to become due to said person. Nothing herein conditioned 
shall impair or in any way affect any agreement between 
any landlord and tenant, or other persons, respecting the 
payment of such assessments. 

§ 31. When any known owner, residing in said city or owccra minor 
elsewhere, shall be an infant, and any proceedings had 
under this act shall render it necessary, the circuit court of the 
county of Peoria, the judge thereof or any judge of any court 
of general jurisdiction in said city, or the judge of the 
county court, may, upon the application of the city council, 
or such iutant or his next friend, appoint a guardian for euch 
infant, taking security from such guardian lor the faitlifui ex- 
ecution of such trust ; and all personal notices and summons 
required by this act may be served upon such guardian. 

§ 32. No writ oi certiorari shall be allowed in the case nj2feSc"on8 
of any special assessment proceedings, commenced under So lu?t"'can°bo 
the provisions of this act, unless applied for within thirty ^°*''*"^^'*' 



148 



CITIES — NEW PRIVILEGES. 



days after the confirmation of the assessment, and not then 
at the suit of any party who has neglected to file his objec- 
tion to such confirmation, as hereinbefore provided, unless 
the party applying for the writ shall satisfy the co\irt, by 
legal and satisfactory evidence other than his own oath, 
that he has a sufiicient legal excuse for such omission or 
neglect. 
Possession and §33. Whenever the damages awarded to the owner, for 

tadb''/cfty!"°^any property condemned by said city for public use, shall 
have been paid to such owner or his agent, or when sufii- 
cient money for that purpose shall be in the hands of the 
city treasurer, ready to be paid to such owner, and ten days 
notice thereof shall have been given in the corporate news- 
paper, the city may enter upon and appropriate such prop- 
erty to the use for which the same was condemned. 

whams' etc "'^° § 34. The cost and expense of constructing or repairing 
public wharves, and wharves or slips at the end of streets, 
o! clc^aniug sawers and main drains, of the cleaning of 
streets, alleys, lanes and highways and of ordinary repairs 
upon the same, of purchasing public squares and parks and 
improving the same, of the repairs of public buildings be- 
longing to the city, of the construction of cross walks, and 
of all bridges, and other improvements not enumerated in 
the first section of this chapter, shall be chargeable upon 
and paid out of the general fund or of the appropriate fund 
of said city, not raised by special assessment, 
improvemenf. § 35. The cost and expensc of making all public im- 

iencraifiind. ° provements mentioned in the first section of this chapter, 
for which no provision for special assessment or condemna- 
tion proceedings has been herein made, shall be chargeable 
on and paid out of the general fund or other appropriate 
fund of said city, not raised by special assessment. 
Former assess- §36. All provisious of former acts and ordinances, re- 

mcnts repealed, luting to the levying of special assessment in the city of 
Peoria, are hereby repealed : Provided^ hoivever^ that the 
city shall have the right to continue and complete all pro- 
ceedings commenced under any former law or ordinance, 
and shall have and enjoy all the rights, accrued or to accrue 
thereunder, the same as if said provisions remained in full 
force and olibct. 

CHAPTER YII. 

OP TAXATION. 

Section 1. The city council shall have power, within 
the corporate limits of said city, by ordinance — 



Levy aud col- 
le:;t taxes 



Fir^t. — To annually levy and collect taxes, not exceeding 
sevc-'ii and a-half mills on the dollar, on the assessed value 
of all the real and personal estate in the city, made taxable 
by the laws of this state, to defray the contingent expens- 
es of the city not herein otherwise specially provided for; 
which taxes shall constitute the general fund. 



CITIES — NEW PKIVILEQES. 149 

Seooiid. — To annually levy and collect a tax, not exceed- Taxforrepaii- 
\\i^ six mills on the dollar, on all taxable real and personal ief/'^^"*^' 
estate in township eight (8) north, range eight (8) east, in 
Peoria county, made taxable by the laws of this state, to 
meet the expense of repairing school houses and supporting 
and maintaining schools. 
• Third. — To annually levy and collect a tax. not exceeding interest on city 
six mills on the dollar, on all real and personal estate in ''°°^^' 
the city of Peoria, made taxable by the laws of this state, 
to pay the interest accruing on the bonds issued for railroad 
purposes, and provide a sinking fund for the retirement oi' 
ifaid bonds. 

Fourth. — To annually levy and collect a tax, not exceed- Additional 
ing two mills on the dollar, on all real and personal estate ^' 
in said city made taxable by the laws of this state, for the 
purpose of paying the interest on bonds now or hereafter 
to be issued for the purpose of enabling the board of school 
inspectors to provide additional school houses and grounds, 
and provide a sinking fund for the retirement of said bonds. 

Fifth. — To annually levy and collect a tax, not exceed- smkingfund. 
ing seven mills on the dollar, on all real and personal estate 
in township eight (8) north, range eight (8) east, in Peoria 
county, made taxable by the laws of this state, for the pur- 
pose of paying the interest on bonds issued for the purpose 
uf encouraging enlistments in said township, and to provide 
a sinking fund for the retirement of said bonds. 

Sixth. — To annually levy and collect a tax, not exceeding interest ou wa- 
ll ve mills on the dollar, on the assessed value of all real '"''^°'''''''°°'^' 
and personal estate in the city of Peoria, made taxable by 
the laws of this state, to pay the interest on bonds issued 
for the construction of waterworks in said city, and provide 
a sinking fund for the liquidation of said bonds. 

§ 2. The provision heretofore in force empowering the luhaiiitauts re- 
city council to require every male inhabitant in said^city, on^lfrJeV^and 
over twenty-one years of age, to labor on the streets, lanes, ""'"ys- 
avenues and alleys, not exceeding three days in each year, 
or upon failure to perform such labor, when notified, to for- 
feit and pay the sum of one dollar per day for each day so 
neglected or refused, is hereby abolished. 

§ 3. All improvements on any school lands or lots in timprovemonts 
said city, together with the interest of the lessees or occu- ^o^beSd.*"^^ 
pants in tlie_ premises, whether by lease, covenant or deed, 
shall be subject to taxation as real estate, and the personal 
property of the owner of such improvements shall be lia- 
ble for such taxes ; and upon a failure to pay the same, the 
collector may levy upon and sell the goods and chattels of 
such occupant or lessee, for the payment thereof and costs ; 
and in case such lessee or occupant shall have no personal 
estate, and neglect to pay the taxes, the interest of such 
lessee or occupant in such premises, together with the im- 
provements, may be sold as real estate: Frovided, the pur- 



150 CITIES — NEW PEIYILEGE8. 

chaser shall acquire no greater^ rights in the land than the 
the tenant or occupant thereof had, but shall take the same 
subject to all the covenants and agreements in relation there- 
to. 
Money loaned R 4, Where moncv is loaned within the citv, owned by 

to be taxed. " . • t • ^i -^ n ^ i 

any person or persons not residing m the city, all taxes lev- 
ied by authority of this act may be assessed to and collected 
of the agent or agents of the person or persons for whom 
the money was loaned. 

CUAPTER VIII. 

COLLECTION OF TAXES AND ASSESSMENTS. 

City divided in- SECTION 1. The city coucll may divide the city into as 
totrictr''^'^^'^' many and such convenient assessment districts, not exceed- 
ing three, as they may deem expedient, which shall be 
known and designated numerically. 
Assessor. § 2. The asscssor or assessors shall, immediately after 

Duties of. his or their appointment, in each year, proceed to examine 

and determine the valuation of the taxable real estate and 
personal property in the city and township of Peoria. A 
list or lists of all the real estate in said city and township 
shall bo furnished by the city clerk, to aid him or them in 
the performance of his or their duties, upon which he or 
they shall enter their valuations. Said appraisal, together 
with his or their appraisal of all the personal estate taxable 
in said city and township, shall be completed and filed in 
the office of the citj'- clerk on or before the first day of May, 
in each year, unless further time shall be granted by the 
city council ; and when so completed and filed, the board 
of equalization, hereinafter provided, shall fix a day for 
hearing objections thereto ; and the city clerk shall give 
notice of the time and place of such hearing, by six days' 
publication in the newspaper publishing the ordinances of 
said city. Any person feeling aggrieved by the assessment 
of his or her property, may appear at the time and place 
specified and make his or her objections. 
Appointment of § 3. The city couucil, at its first meeting after the filing 

iKiUon ^ '^'^"""' ^^ ^^^^^ ^'^^^ ^^' ^^®^^' ^^^^^^ appoint a committee of one alder- 
man from each ward of said city, who, together with the 
assessor or assessors, and city clerk, shall constitute a board 
of equalization ; and said board shall meet at the time and 
place designated, to revise and correct said assessment. 
They shall hear and consider all objections which may be 
made, and shall have power to supply omissions in said 
assessment, and, for the purpose of equalizing the same, to 
alter, add to, take from, and otherwise revise and correct 
the same. Said board may adjourn from day to day, until 
their revision shall have been completed : Provided, said 
revision shall not occupy a longer period than fifteen days 
from the day fixed in the notice given by the city clerk for 



CITIES — NEW PEIVILEOES. 151 

the meeting of said board. A majority of said board shall 
constitute a quorum. 

§ 4:. Whenever said board shall have completed their Ketura of as- 
revision of said list or lists, they shall returnthe same to seBsmcnt iiste. 
tiic city clerk; and the city council shall, at their first meet- 
ing after such revision and return, approve said list or lists, 
and thereafter no change, amendment, abatement or altera- 
tion shall be made to said list or lists, nor shall any tax, or 
portion thereof, be refunded. 

§ 5. When the city council shall have approved said ,JPc^o™nci °' "^^ 
list or lists, the city clerk shall enter, in a book to be pre- 
pared for that purpose, a complete list of all the taxable real 
estate in said city and township, according to the assessment 
list or lists, as returned by said assessor or assessors, and 
revised by the board of equalization, and approved by the 
city council, showing, in a proper column, to be ruled for 
that purpose, the names of the different owners, so far as 
known to said assessor or assessors, and in another column 
the amount of valuation made in each case. Said book 
shall also have ruled therein an appropriate column for 
extending or inserting the amount of taxes which may be 
levied upon said property. Said book shall constitute the 
tax list of real estate for such year. The city clerk shall 
also enter in the same, or another book to be prepared for 
that purpose, a complete list of the taxable personal estate, 
as returned by said assessor or assessors, and revised by 
said board of equalization, and approved by the city coun- 
cil, showing, in the proper column, the names of the dif- 
i'erent persons whose property has been assessed, and in 
another column the valuations made by the assessor or 
assessors. Said book shall also have ruled therein ap- 
propriate columns for extending or inserting the amount 
of the taxes which may be levied thereon. Said book 
shall also constitute the personal tax list for such year. 
The clerk shall add up the valuation in each list, and the 
aggregate amount thereof shall be entered by him at the 
foot of the appropriate column, in the last page. When 
the said tax lists shall have been so completed, they shall 
be signed by the said assessor or assessors, and left in cus- 
tody of the city clerk, and shall constitute the only record 
to be referred to in any case in whicli his or tlieir assess- 
ment may be drawn in question. 

§ G. The city council shall thereupon, by an ordinance ^^p^*^'*' '^'°"' 
or resolution, levy such sum or sums of money as may be 
sufficient for the several puri»08es for which taxes are herein 
authorized to be levied, (not exceeding the authorized per 
ccntage,) particularly specifying the purpose for which the 
same are levied. 

§ 7. It shall be the duty of the city clerk to estimate Daiyof cie.k. 
the several taxes levied by the city council, computing 
tiiem together as one tax, and to insert the total amount of 



assessment rolls 



162 CITIES NEW PRIVILEGES. 

such taxes in the appropriate cohimn of the several tax 
lists, opposite to the person or property chargeable there- 
with. When completed, the city clerk shall attach to each 
of said tax lists a warrant, under the corporate seal, to be 
signed by the mayor and city clerk, directed to the col- 
lector, commanding him to make, levy and collect, as the 
taxes for such year, the several sums of money set opposite 
to the real and personal estate or persons in said tax lists 
mentioned or described, of the goods and chattels of the 
respective owners of such real or personal estate ; which 
warrant shall also designate the names and rates of the 
several taxes included therein. 
Collector. § 8. Said tax lists, with the warrants attached, shall be 

Dntiee of. delivered to the collector by the clerk, on or before the fif- 
teenth day of July in each year, and shall constitute the 
only process necessary to be issued for the collection of 
annual taxes. The clerk shall take a receipt from the col- 
lector for the said tax lists, specifying the amount of taxes 
levied in each list, 
conflrmationof § 9. "When any special assessment shall have been con- 
'"°""'°"' ''""° firmed by the city council, (and no right of appeal there- 
from is given by this act,) it shall be the duty of the city 
clerk to issue a warrant for the collection thereof, which 
shall be under the corporate seal, and signed by the mayor 
and city clerk, and shall contain a copy of the assessment 
roll, as confirmed by the city council, or so much thereof 
as describes the real estate assessed, and the amount of the 
assessment in each case. If the right of appeal from the 
order of confirmation should exist in any case, said warrant 
shall not be issued until the expiration of the time limited 
for the taking of such appeal : and if, in any case, an appeal 
should be actually taken, the issuing of the warrant shall 
be delayed until after the determination of such appeal. 
§ 10. All warrants issued for the collection of special 
°^ assessments shall be delivered by the clerk to the collector, 
taking his receipt therefor, in the manner prescribed in the 
case of warrants for the collection of the annual taxes, 
of § 11. Upon the receipt of any warrant for the collec- 
tion of the annual taxes, or any special assessments, the 
collector shall ibrlhwith give notice, by ten days' publica- 
tion in the newspaper publishing the ordinances of said 
city, that such warrant is in his hands for collection, briefly 
describing its nature, and requesting all persons interested 
to make immediate payment at his office ; and that, in 
default thereof, the same will be collected at the cost and 
expense of the persons liable for the payment of such taxes 
or assessments. Immediately after receiving the personal 
property tax list, he shall notify all persons, through the 
postoffice, of the amount of their personal property tax. 
In the notice to be published in said newspaper, he shall 
notify all parties interested that, ■ after the expiration of 



Warrants for 
collection 
taxes. 



CITIES — NEW PKIVILEGES. 153 

sixty days from the date of receiving said list, he will levy Personal pro- 

upoD the personal property of all who shall have failed to '='"^^ ^^^'^^' 

pay ; and at the end of the sixty days, or as soon thereafter 

as may be, he shall so levy, if property belonging to such 

deUnquent person can be found ; and he shall be liable for 

their tax, in case of neglecting to do so. If no property 

can be found, this tax shall be a lien upon any property 

they may thereafter acquire, until paid; and the collector, 

and his successor in office, may at any time thereafter levy 

for the same. But nothing in this section contained shall 

be so construed as to prevent the collector from levying at 

any time after the publication of the ten days' notice above 

required. 

§ 12. All taxes levied by the city council under this act Taxes due auen 
shall be a lien upon the real estate on which the same may 
be imposed, and said lien shall continue until such taxes 
are paid. Every person owning real property on the lirst 
day of May, including all such property purchased on that 
day, shall be liable for the taxes thereon for that year. 
The city taxes shall also be a lien on the personal property 
of all persons owing taxes from and after the first day of 
May in each year, and no sale or transfer of said property 
shall afi'ect the lien ; but the said property may be seized 
by the collector wherever found, and removed if necessary, 
and sold to discharge the taxes of the person owing the 
same ; and the same proceedings may be resorted to by the 
collector upon any warrant issued for the collection of a 
special assessment. 

§ 13. If from any cause the taxes charged in the real q^^°^'^^^^^^ 
estate tax list shall not bo collected or paid on the lands or 
lots described therein, on or before the lirst day of October 
ensuing the date of the warrant, it shall be the duty of the 
collector to demand and collect, for the use of said city, in 
addition to the taxes remaining unpaid, hve per cent, dam- 
ages thereon in every case. And if the assessments charged 
in any special assessment warrant shall not be paid in 
thirty days after the first publication of notice by the collector 
that he has secured such warrant for collection, the assess- 
ments then remaining unpaid shall be collected, with dam- 
ages at the rate of one per cent, thereon for each and every 
month thereiifter, until the same shall be paid. 

§ 14. It shall be the duty of the collector, between the collector to 
fifteenth day of October and the last day of November in '"'''* '^p"'*' 
each year, to make a report to the county court of Peoria 
county, or any court of general jurisdiction held in said 
city, at any special or general term thereof, of all the taxes 
and assessments then remaining unpaid upon the real estate 
tax list, and all special assessment warrants which were 
delivered to hiin on or before the first day of the preceding 
August, asking for judgment against the several lots and 
parcels of land or other property described in such list or 
^ Vol. 11-20 "^ ^ ' 



15i 



CITIES — NEW PRlVILEaEB. 



publication. 



warrants, for the amount of taxes, assessments, damages 
and costs, respectively, due thereon. The collector shall 
give notice, b}' six days' publication thereof — the first day's 
publication of which shall be at least thirty days before the 
day upon which judgment is prayed ibr — in the newspaper 
publishing the ordinances of said city, of his intended ap- 
plication for judgment; which shall briefly specify the 
nature of the respective warrants upon which such applica- 
tion is to be made, and request all persons interested to 
attend at such term. The advertisement so published shall 
be deemed and taken to be sufficient and legal notice of 
the aforesaid intended application by the collector to such 
court for judgment, and shall be held a sufficient demand 
and refusal to pay s'.id taxes and assessments. 
Certificate of §15. The collcctor shall obtain a copv of the advertise- 
ment or advertisements, referred to in the preceding sec- 
tion, together with a certificate of the due publication 
thereof, from the printer or publisher of the newspaper in 
which the same was published, and shall file the same with 
the clerk of such court at the said term with the said reports. 
The clerk of said court, upon the filing of such reports by 
the collector, shall receive and preserve the same, and shall 
record thereon all judgments, orders and other proceedings 
of said court in relation thereto. Each of said reports shall 
constitute a separate suit, and shall be docketed by the 
clerk in the following form, as nearly as may be, to-wit: 

" City of Peoria vs. , and others. Suit for taxes." 

Or, if it be an assessment for some specified improvement, 
in manner following : " City of Peoria, vs. , and oth- 
ers. Suit for assessment on warrant for ." Or in such 

other manner as will sufficiently indicate the nature of the 
improvement for v/hich the assessment is due. 

§ 16. It shall be the duty of the court, upon the filing 
of said reports, to proceed imm.ediately to the hearing of the 
same, and they shall have priority over all other causes 
pending in said court. The said court shall pronounce 
judgment against the several lots and parcels of land or 
other property described in said reports, for which no objec- 
tion shall be filed, for the amount of the tax or assessment, 
damages and costs, due severally thereon. The owner of any 
property described in said reports, or any person beneficially 
interested therein, may appear at said court, at the time 
designated in the collector's notice, and file objections, in 
writing, to the recovery of judgment against such property ; 
but no objection shall be sustaiiied founded on any mere 
forma] irregularity or defect. The court shall hear and de- 
termine all objections in a summary way, without plead- 
ings, and shall dispose of the same with as little delay as 
possible, consistently with the demands of public justice; 
but should justice require that, for any cause, the suit as to 
one or more owners should be delayed fpr juore than twenty 



Form of writ. 



Judgments 



CITIES — NEW PEIVILEGES. 



155 



daj8, judgment shall then be rendered as to the other 
property and lands, and process shall issue for the sale 
thereof as in all other cases. 

§ 17. In all cases where jud;^ment shall be rendered by court may 
default, apjainst the property described in said reports, the reafestafe^ °^ 
court ehall thereupon direct said clerk to make out and en- 
ter an order for the sale of the same ; which said order 
shall be substanlially in the following form : "Whereas, ^onn of order. 
due notice has been given of the intended application for a 
judgment against said lands and other property, and no 
owner hath appeared to make defense or show cause why 
judgment should not be rendered against the said lands 
and other property, for the taxes (or assessments as the case 
may be), damages and costs due and unpaid thereon : there- 
fore, it is considered by the court that judgment be and is 
hereby entered against the aforesaid lots and parcels of land 
and other property, in favor of the city of Peoria, for the 
sum annexed to each lot and parcel of land or other prop- 
erty, being the amount of taxes (or assessment), damages 
and costs due severally thereon. And it is ordered by the 
court that the several lots and parcels of land or other 
property, or so much thereof as shall be sufficient, of each 
of them, to satisfy the amount of the taxes (or assessment), 
damages and costs annexed to them, severally, be sold as 
the law directs." In all cases where a defense shall be in- Defense made, 
terposed and judgment shall be rendered against the prop- 
erty, a similar order, adapted to the circumstances of the 
case, shall be inade out and entered of record. The clerk 
of the court in which judgment is rendered, for entering 
the report of the collector on the record of said court and 
famishing tlie copy of the report after judgment ; the col- 
lector, for making out report of delinquent property to the 
court, and selling ; the city clerk, for attending sale and issu- 
ing certificates ; and the printer, for publishing notices and 
publishing delinquent list for sale — shall be allowed such 
compensation or fees, per lot, as the city council may, by or- 
dinance, allow — to be taxed as costs and included in the 
judgm.ent entered up by the court against each lot, part of 
lot, and tract of land : Provided^ that such costs shall not 
exceed, in the aggregate, sixty cents against each lot, part 
of lot or tract of land. 

§ 18. It shall be the duty of the clerk of such court, ^jfrk*jfj.%°f,r\''® 
within ten days after such order is granted, as aforesaid, to ^^' 
make out, under the seal of said court, a copy of so much 
of said collector's report in such case as gives a description 
of the land or other property against which judgment shall 
have been rendered, and the amount of such judgment, to- 
gether with the order of the court therein ; wliich shall con- 
stitute the process on which all lands, lots, sub-lots, pieces 
and parcels of land or other property shall be sold for the 
amount of any taxes, assessments, damages and costs so 



156 cirrES— NEW priyileges. 

levied, assessed or charged upon them ; and the said city 
collector is hereby expressly authorized and empowered 
to make sale of such laud, lots, pieces or parcels of land or 
other property, upon ten days' notice, to be published at 
least three times in some newspaper printed in said city. 
Delinquent list 8 19, The Said advertisement, so to be published, in 

of real estate. . j? • i . • i i ii 

eacn case of a judgment upon any special or general collec- 
tion warrant and report, as aforesaid, shall contain a list of 
the delinquent lots and parcels of land or other property to 
be sold, the names of the owners, if known, the amount of 
the judgments rendered thereon, respectively, and the war- 
rant upon which the same was rendered, the court which 
pronounced the judgment, and a notice that the same will 
be exposed to public sale at a time and place to be named 
in said advertisement by said collector. The omission of 
the name of any owner, or any mistake respecting the same, 
shall not invahdate the sale, if the property be otherwise 
described with sufficient certainty. The proceedings may 
be stopped at any time, upon payment of said judgment to 
the collector. 
Describing pro- § 20. In all proceedings and advertisements for the 
party. coUcctiou of such taxcs and assessments, and the sale of 

lands therefor, letters and figures may be used to denote 
lots, sub-lots, lands and blocks, sections, townships, ranges 
and parts thereof, the year and the amounts. 
Manner of sak. § 21. The salc shall be made for the Smallest portiou of 
ground (to be taken from the right-hand side of the premi- 
ses, standing facing the same in front thereof — and the nar- 
rowest portion of said premises fronting on any street or 
alley, when it is m the rear of a street, shall be considered 
the front thereof) for which any person will take the 
same and pay the amount of judgment thereon. The city 
clerk shall attend all sales for taxes, in pursuance hereof, 
and keep a correct list upon the record or precept fur- 
nished the collector by the clerk of the court, as provided 
in section 18 of this chapter, of the lots, fractional lots, sub- 
divisionss of lots and tracts of land sold for taxes, with the 
name of the purchaser thereof and quantity sold. Certifi- 
cates of sale shall be made and subscribed by the clerk, and 
countersigned by the collector, which shall be delivered to 
the purchaser; which certificates shall contain the name of 
the purchaser, a description of the premises sold, the 
amount of tax or assessment, with the amount of the judg- 
ment, for which the sam.e was sold, and the time when the 
' right to redeem will expire. The collector shall continue 
such sale from day to day until all the lots or parcels of 
land, or other property contained in his precept on which 
judgment remains unpaid, shall be sold or offered for sale, 
lo^^'^'t^^''^'^^ k *^ ^ '^^' ^^^^ person purchasing any lot or parcel of land, 
promptpa^"eut Or Other property, shall forthwith ]jay to the collector the 
amount of the judgment due thereon, and on failure so to 



CITIES — NEW PRIVILEGES. 15^ 

do tlie said property shall be again oiFered for sale, in the 
same manner as if no such sale had been made ; and in no 
case shall the sale be closed until the payment shall have 
been made. If no bid shall be made for any parcel of land 
or other property, the same shall be struck off to the city ; 
and thereupon the city shall receive, in its corporate name, 
a certificate of the sale thereof, and shall be vested with the 
same rights as other purchasers at such sales. 

§ 23. The collector shall make return of his precept to ^EeMrci_of sales 
the court from which the same was issued. A record of cilrk. ^^ ^' ^ 
all sales made by the collector shall be filed, by him, in the 
office of the city clerk, to be there kept by him ; which 
record shall be open to the public inspection at all reason- 
able times; and said record, or copies thereof certified by 
said clerk, shall be deemed a sufficient evidence to prove the 
sale of any land or other property for taxes or assessments, 
or any other fact authorized to be recorded therein. 

§ 24. The right of redemption, in all cases, for taxes or ^ig^^t^oj re- 
assessments, shall exist to the owner, his heirs, creditors or iS^'soid fo? 
assigns, to the same extent as is allowed by law in the case *^^^®- 
of sales of real estate for taxes, on the payment, in lawful 
money of the United States, of double the amount lor 
whicli the same was sold, and all taxes accruing subsequent 
to the sale, with interest at the rate of ten per cent, per an- 
num thereon. If the real estate of any infant, femme covert owner a minor 
or lunatic be sold, under this act, the same may be redeemed <'''^"'^^*i<=- 
at any time within one year after such disability may be re- 
moved. Redemption shall be made by the payment of the 
amount of redemption money to the treasurer and taking 
his receipt therefor and filing the same in the office of said 
clerk, who shall, thereupon, note the fact of said redemption 
upon his record of sales, and issue to such person so re- 
deeming a certificate of such redemption, under the seal of 
said city; or, if any person holding a certificate of sale 
may surrender the same to the clerk to be canceled, the 
fact shall, in like manner, be noted upon said record. Upon if not redeemed 
the return of the certificate, or proof of its loss, and the 
filing with the clerk of the affidavit required by the consti- 
tution of this state, if the property shall not have been re- 
deemed according to law, a deed shall be executed to the 
purchaser or his assignee, under the corporate seal, signed 
by the mayor and clerk, conveying to such purchaser or as- 
signee the premises so sold and unredeemed, as aforesaid. 
A memorandum of all deeds so made and delivered shall Tax deeds. 
be entered by the clerk in the book wherein tax sales are 
recorded, and a fee of one dollar may be charged by the 
clerk for every deed so issued. 

§«.25. Such certificates of purchase shall be assignable certificate of 
by indorsement, and an assignment thereof shall vest in ^^^^'^ ^^^' 
the assignee or his legal representatives all the right and 
title of the original purchaser. 



158 



CITIES— NEW PRIVILEGiiSi 



When property 
no' siibjcL't to 
taxation. 



Deeds prima 
facie evidence. 



Advertij?enient. 



Taxes not paid. 
Not redeemed. 



Advertised. 
bale of laud. 



Deed. 



Sale, how con- 
ducted. 



§ 26. Whenever it shall appear to the satisfaction of the 
clerk, before the execution of a deed for any property sold 
for taxes, that such property was not subject to taxation, or 
that the taxes had been paid previous to the sale, he shall 
make an entry opposite to such property, on his record of 
sales, that the same was sold in error ; and such entry shall 
be evidence of the fact therein stated; and the provision 
shall apply, so far as the same is applicable, to all sales for 
special assessments. 

§ 27. All deeds made to purchasers of lots, lands or 
other property sold for taxes or assessments, shall be jpri- 
ma facie evidence, in all controversies and suits in relation 
to the right of the purchaser, his or her heirs or assigns, to 
the premises thereby conveyed, of the following facts : 

First — That the land or lot conveyed 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 lot or land conveyed had not been re- 
deemed from the sale at the date of the deed. 

And shall be conclusive evidence of the following facts : 

First — That the land or lot was advertised for sale in 
the manner and for the length of time required by law. 

Second— Tlhdit the land or lot was sold for taxes or assess- 
ments, as stated in the deed. 

Third^-Th.2kt the grantee in the deed was the purchaser. 

Fourth — That the sale was conducted as is required by 
law. 

And in all controversies and suits involving the title to 
the lot or 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 sale, that the 
taxes or assessments had been paid, that the land or lot 
had never heen listed and assessed for taxation or assess- 
ment, 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 of this 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 they claim title, had 
title to the land or lot 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 lot or land 
have been paid by such persons or the person under whom 
he claims title, as aforesaid. And no deed of land or other 
property sold for the non-payment of taxes or assessments 



OrriES —NEW PRIVILEGES. 159 

shall be questioned in auy suit or controversy, unless the 
person wishing to contest the same shall have tendered or 
deposited the araoiint of the redemption money and interest, 
as now provided by the laws of this state in case of sale of 
real estate for taxes. 

§ 28. Any change made in the incumbent of the of&ce change of m- 
of the collector, during the pendency of any such proceed- 5flvS^''proceV£ 
ings, shall not operate to affect or delay the same, but the ^°°^- 
successor or successors in oflSce of such collector shall be 
authorized to do all acts necessary to complete such pro- 
ceedings, the same as it his predecessors had continued in 
office. 

§29. All sales of property for the non-payment of taxes Proceedings in 
or assessments for any improvement, of what kind soever, taxe?*^^™' ° 
shall be held at the same time with the general sale of 
property for non-payment of city taxes, in each year, unless, 
in particular cases, said sale is stayed or delayed by exami- 
nation or processof law— 'the intent hereof being that there 
shall be but one general collection, by sale, of all taxes and 
assessments whatsoever, in each and every year — which 
sale shall take place in the manner hereintofore provided, 
and at the same time in each and every year: Provided^ 
that in all cases where judgment shall be delayed in conse-, 
quence of any appeal or the delay of any court in rendering 
its decision, such sales may be made at any time after final 
judgment shall have been rendered, upon notice given as in 
other cases. 

§ 30. Any assessor, collector or other officer who shall, „f^^''W°7°^- 
in any case, refuse or knowingly neglect to perform any "'^'^ ^ "^'^' 
duty enjoined npon him by this chapter, or who shall con- 
sent to or connive at any evasion of its provisions, whereby 
any proceeding required by this chapter shall be prevented 
or hindered, shall, for every such negkct or refusal, be 
liable to said city, individually and upon his official bond, 
for double the amount of loss or damage caused by such 
neglect or refusal, to be recovered in an action of debt, in 
any court having jurisdiction of the amount thereof, 

§ 31. No assessment of property or charge for taxes or when tax lists 
assessments thereon shall be considered illegal on account *^^'"^=*'' 
of any irregularity or informality in the tax lists or assess- 
ment rolls, or on account of the assessment roils or tax list 
not being made, completed or returned within the time re- 
quired by law, or on account of the property having been 
charged or listed in the assessment or tax list without name, 
or in any other name than that of the rightful owner ; and 
no error or informality in the proceedings of any of the 
officers intrusted with the levying and collection of taxes or 
special assessments, not affecting the substantial justice of 
the tax or assessment itself, shall vitiate or in any way affect 
the tax or assessment. 



160 CITIES — NEW PRIVILEGES. 

Allien purcha- § 32. If any purchaser of lands, lots or other property 
toVeed.*^"'^''^'^'^ sold for citj taxes or assessments shall suffer the same to 
be again sold, for like taxes or assessments, before the expi- 
ration, of two years from the date of his or her purchase, 
such purchaser shall not be entitled to a deed for the pro- 
perty until the expiration of two years from the date of the 
second sale, during which time the land, lot or other pro- 
perty shall be subject to redemption ; and the person re- 
deeming shall only be required to pay, for the use of the 
purchaser at the first sale, the amount paid for the property, 
and double the amount paid by the second purchaser, for 
his use, as in other cases. 
Tax tor muni- g 33. AH personal property, of every nature and kind, 
cipai purposes. j^^^,-j^g -j-g actual sites within the city, shall be assessed for 
municipal purposes, whether the owner resides in the city 
or not." This provision to extend to and include the pro- 
portion of the rolling stock of all railroad or railway com- 
panies as run cars or trains into the city, whether the road- 
bed or track be owned by them or not ; such proportion to 
be ascertained and appordoned in accordance with the 
statute regulating the assessment of the rolling stock of 
railroad companies. 
state law to § 3^. The State laws for the assessment of all taxable 
menis.° "*^^®^^" real and personal property, now in force or that may here- 
after be adopted, unless in conflict with this chapter, shall 
apply and govern in making municipal assessments. Per- 
sonal property shall be listed for municipal purposes with 
reference to the quantity on hand and owned on the first 
day of May in the year for which the property is required 
to be listed, including the property purchased on that day. 
Capital invest- § 35. When any person shall commcuce merchandizing 
to be ixtumid in said city af!er the first day of May h\ any year, the ave- 
by owner. rage value of whose personal property emploj^ed in mer- 
chandizing shall not have been previously entered on the 
assessors list for taxation in said city, it shall be the dut;y 
of such person to make out a sworn statement of the prob- 
able average value of the personal property by him intended 
to be employed in such business until the first day of Jan- 
uary thereafter, and deliver the same to the city clerk, who 
shall enter the same on the tax list; and such person or 
persons shall ])ay to the collector of said city a sum which 
shall bear the satne proportion to the levy for all purposes, 
on the average value so employed, as the time from the 
day on which he shall commence merchandizing, aforesaid, 
to the first day of January next succeeding, shall bear to 
one year. 
Insurance and § 36. When any person, firm cr corporation shall commence 
I^^L^?. ll^l or cnsra^e in the business of insurance, banking;, dealing in 

nesB, lo maKe o" ,. , , ' n- ^ • ^ / 

estimate of cap- gt' cks ol any description, or m buying and telling any kind oi 
bills of exchange, checks, drafts, bank notes, promissory notes 
or other kind of writing obligatory, or in any other business 



CITIES — ^NEW PEIVILEGES. 161 

whatever, after the first day of May in any year, the ave- 
rage value of whose personal property so employed in such 
bnsiness shall not have been so entered on the assessor's list 
for taxation in said city, it shall be the 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 city clerk, giving fully the probable 
average value of the property, by him, them or it, intended 
to be employed in such business until the first day of Janu- 
ary thereafter; which- amount shall be entered on the tax 
list and the tax collected as in other cases. 

§ 37. Should any person, firm or corporation fail or Neglect to re- 
neglect to make out sworn statements of their property, as '^°^''. 
required by the two preceding sections, and report the 
same to the city clerk or assessor, it shall be the duty of 
the assessor to assess them as therein required, as nearly as 
may be, adding thereto ten per cent, in addition to the 
existing provision of law. 

CHAPTER IX. 

POLICE DEPARTMENT. 

Section 1. The police force of said city shall consist of ^ Appomtment 
one superintendent of police, and such other number of day ^ ^°^'^^' 
and night police officers and men, special or otherwise, as 
the said city council shall, from time to time, direct. 

§ 2. The mayor of the city, by and with the advice and ^ff'^l^f^e!^''^^''' 
consent of the city council, shall have power and authority 
and it is hereby made his duty to appoint the superinten- 
dent of police officers and men mentioned in the foregoing 
section, with powers to remove the same from ofiice when- 
ever, in his opinion, the interests of said city require such 
removal, and appoint others in their places, who shall hold 
until the next regular meeting of the council, when, if 
their appointment be not confirmed, other appointments 
shall be made, subject to the approval of the city council, 
as aforesaid. All ofiicers appointed under this section shall 
hold their respective offices at the pleasure of the mayor ; 
but no new appointments shall be made except as hereinaf- 
ter provided. 

§ 3. The duties of the police force shall be executed c^ty of police. 
under the direction and control of the mayor, and accord- 
ing to the rules and regulations which the city council may, 
from time to time, pass fur the proper government and dis- 
cipline of said police force of said city. 

§ 4. The members of the police" force of said city of ^^j^'J^'^^*^"""^ 
Peoria shall possess in every part of the city of Peoria all ^^ '^^' 
the common law and statutory powers of constables, except 
by service of civil process, and make arrests without war- 
rant for violation of the ordinances of said city; and any 
warrant, for search or arrest, by any magistrate of the state 
Yol. 11—21 



162 CITIES — NEW PRIVILEGES. 

of Illinois, may be executed in any part of the city of Peoria 
by any member of the police force of the said city of Peo- 
ria, without any backing or indorsement of said warrant, 
and according to the terms thereof. The members of said 
police force may also serve or execute any criminal process 
issued by the police court of said city, or either of the jus- 
tices thereof, in the county of Peoria and state of Illinois. 

compeusation. § 5. The city council of said city shall have power, by 
ordinance, to establish, provide for and regulate the com- 
pensation, as also the duties and obligations, of the said po- 
lice force of said city, and each and every member thereof. 
Remission of § 6. Neither the mayor or city council shall remit any 

^°*"'* tine or penalty imposed upon any person for violating the 

laws or ordinances of said city, unless two-thirds of all the 
aldermen authorized to be elected shall vote for such release 
or remission; but the mayor shall be authorized, in his dis- 
cretion, to release from imprisonment any person commit- 
ted to the bridewell or house of correction, or other city 
jirison, for a violation of the ordinances of said city, by vir- 
tue of the judgment of said police court. 

CHAPTER X. 

FIRE DEPARTMENT. 

Provide for SECTION 1. The city council, for the purposc of guarding 

offe".^^^'"^"* against the calamities of fire, shall have power to prescribe 
the limits within which wooden buildings shall not be erected 
or placed or repaired, without permisison, and to direct that 
all and any buildings within the limits prescribed, shall be 
made or constructed of fire-proof materials, and to prohibit 
the 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. 
§ 2. The city council shall have power — 
ciiiiiineys and Fivst. — To prevent the dangerous construction and con- 

^"^^^^ dition of chimneys, fire-places, hearths, stoves, stove pipes, 

ovens, boilers, and apparatus used in and about any build- 
ing and raanuiactory, and to cause the same to be removed 
or placed in a safe condition, when considered dangerous. 

Ashes. Second. — To prevent the deposit of ashes in unsafe places, 

and to cause all such buildings and inclosures as may be in 
a dangerous state, to be put in a safe condition. 

Mamifactoiics, Third. — To regulate and prevent the carrying on of man- 
ufactories dangerous in causing and promoting fires. 

Fire works, FouHli. — To rcgulatc and prevent the use of fire works 

and fire arms. 

scatties, etc. Fifth. — To compel the owners or occupants of houses 

and olher buildings to have scuttles in the roofs, and stairs 
or ladders leading to the same. 



CITIES — NEW PRIVILEGES. 163 

Sixth. — To regulate and order the construction of parap;.4, Waiis, lences. 
party or division walls and fences. 

Seventh. — To authorize the mayor, aldermen, police or Resuiate con- 
other officers of said city to keep away from the vicinity of at'flres. "^^^^^^ 
any fire all idle and suspicious persons; to aid in the extin- 
guishment of fires, and in the preservation of property ex- 
posed to danger thereat. 

Eighth. — And, generally, to establish such regulations ^^f ^^1"'-'^°^®°'^ 
for the prevention and extinguishment of fires as the city 
council may deem expedient. 

§ 3. The city council may procure fire engines and other En£incs. 
apparatus used for the extinguishment of fires, and have the 
charge and control of the same, and provide fit and secure 
engine houses and other places for keeping and preserving 
the same; and shall have power — 

First. — To organize fire, hose, hook and ladder and ax Hook and laa- 

COmpanieS. ^ ^ der companies. 

Second. — To provide for the appointment of a competent Firemen, 
number of able and reputable inhabitants of said city, 
firemen, to take the care 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 their com- Duty of firemen, 
pensation, and to make rules and regulations for their gov- 
ernment, and to impose reasonable fines and forfeitures on 
them for a violation of the same ; and for incapacity, neg- 
lect of duty, or misconduct, to remove them. 

§ 4. The city council shall have power, in its discretion, Fire-marshai. 
to appoint a fire marshal, and define his duties and powers. 
The city council may devolve the duties and powers of said 
marshal upon the chief engineer. 

§ 5. The members of the city council and firemen shall, . Exempt from 
during their term of service as such, be exempt from serv- ^'^"^"^ "^ 
ing on juries in all courts of this state and in the militia. 
The name of each fireman shall be registered with the city 
clerk, and the evidence to entitle him to the exemption pro- 
vided in this section, shall be the certificate of the clerk, 
countersigned by the mayor, made within the year in which 
the exemption is claimed. 

§ 6. Every fireman who shall have faithfully served as ^^^^^11'^°^^ ''^ 
such in said city for the term of seven years, shall be ex- 
empt thereafter from serving on juries in the courts of this 
state, or in the militia, except in time of war, invasion or 
insurrection, and the evidence to entitle such person to such 
exemption shall be a diploma, under the corporate seal, 
signed by the mayor and clerk. 



164 CITIES — NEW PEIVILEQES. 



CHAPTER XI. 

BOARD OF HEALTH. 

Board Of health. SECTION 1. The board of health shall consist of three 
or more commissioners, to be appointed annually by the 
city council ; and the mayor, or presiding officer of the 
city council, shall be president of the board, and the city 
clerk shall be their clerk and keep minutes of its pro- 
ceedings. 
Duty of health § 2. It shall be the duty of health officers 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 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, 
and the clerk shall, upon receiving said report, forthwith 
call a meeting of the board. 
Infected and § 3. AH persous in the city, not residents thereof, who 

to^bfremoved"^ 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 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 jjerson 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. 
Quarantine re- § 4. In case any boat or other vessel shall come or be 

guiations. ^yithin the harbor or jurisdiction of the city, and said board 
shall believe that such boat or other vessel or water craft is 
dangerous to the inhabitants of said city, in consequence of 
her bringing and spreading any pestilential or infectious dis- 
ease among said inhabitants, or have just cause to suspect 
or believe that if said boat or other vessel or water craft 
whatever is sufi'ered to remain within the harbor or juris- 
diction aforesaid, it will be the cause of spreading among 
the said inhabitants any pestilential or infectious disease, it 
shall and may be lawful for the said board of health, by an 
order, in writing, signed by the president for the time be- 
ing, to order such boat or oiher vessel or water craft to be 
forthwith removed to any distance, not exceeding five miles 
beyond the bounds of said city. After the delivery of such 
order to the owner, consignee, or any other person in 
charge of said boat or other vessel or water craft, to quar- 



CITIES — NEW PKIVILEGES. 165 

antine, under such regulations and for such time as the city 
council may prescribe, and if the master, owner, consignee, 
or the person to whom such order shall be delivered, shall 
neglect or refuse to comply therewith, or if, after such re- 
moval, such master, owner, consignee, or other person, shall 
neglect or refuse to obey the regulations which may be pre- 
scribed, the said president may enforce such removal or 
other regulations in such manner as the city council may, 
by ordinance, direct; and such master, owner, consignee, 
or other person, shall be considered guilty of a misdemean- 
or, and, on conviction, shall be fined a sum not exceeding 
two hundred and fifty dollars, and imprisoned not ex- 
ceeding six months in the jail of Peoria county, or in the 
city bridewell or house of confinement, by any court having 
cognizance thereof. The said fine shall be paid into the 
city treasury. 

§ 5. The city council shall have power to prescribe the Powers and 
powers and duties of the board of health, except as herein board of health^ 
provided, and punish, by fine and imprisonment, or both, 
any refusal or neglect to obey the orders and regulations of 
the board. 

§ 6. The health ofiicers may be authorized by the city cieanUuess of 
council, when the public interest may require, to enter all ^'^^"'y- 
houses and other places, private and public, at all times, in 
the discharge of any duty under this act or by ordinance. 

§ 7. Every person practicing physic in the city, who Duties of phy- 
shall 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 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 re- 
covered, with costs, in action of debt, in any court having 
cognizance thereof, or before a justice of the peace, for the 
use of the city. 

§ 8. The city council shall have power, by ordinance, ^Ji^rjsd'ction of 

i • iu v J x'l i^T- i.*^- • J- :• '^1 .^1 ' board of health. 

to give the board oi health concurrent jurisdiction with the 
said city council to define and declare what shall be deemed 
nuisances, detrimental to the public health, and to authorize 
and direct the summary abatement thereof. 

CHAPTER XII. 

WATER WORKS. 

Section 1. The city council of said city shall have 
power— 

First. — To erect and construct water works, either with- construction or 
in or without the corporate limits of said city, for the pur- ^^^^^"^ ^°''^^' 
pose of supplying the city of Peoria with a sufiicient 
quantity of pure and wholesome water, to be taken from 
Lake Peoria or elsewhere, for the use of its inhabitants. 



166 CITIES — NEW PRIVILEGES. 

Hydrants. Second. — To coDstruct reservoirs, jets, and public and 

private hydrants, and to lay pipes in and through all the 
streets, lanes, avenues, and highways of said city, and to 
construct fountains in the pubhc squares or such other pub- 
lic grounds of said city as they shall deem expedient. 
May purchase, Third. — To purchase, hold and convey any personal and 

hold and convey real estate which may be necessary and proper to carry out 
the intention and object of this chapter. 

Superintendent. Fowth. — To appoint a Superintendent of water works, and 
such other officers, agents or employers, as they may deem 
necessary, define their duties and fix their compensation. 

Rules, etc. Fifth. — To make all needful rules and regulations, con- 

cerning the use of water supplied by the water works of 
said city, and to do all acts and make such rules and regu- 
lations, for the construction, completion, management and 
control of the water works of said city, as the said council 
may deem necessary and expedient. 

Make surveys. § 2. The said city council are hereby authorized to 
enter upon any land or water, within or without the corpo- 
rate limits of said city, for the purpose of making surveys 
or constructing any of the works authorized by this chap- 
ter, and to agree with the owners of any property which 
may be required for the purposes of this chapter, as to the 
amount of compensation to be paid to such ownerc 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 such works hereby authorized. 
Property re- § 3. In case of disagreement between the city council 

woriks, how%> and the owners of property which may, in the judgment 

tained. ^f g^j^j (,j|.y 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 specified and provided in the act 
entitled "An act to amend the law condemning right of way 
for purposes of internal improvement," approved June 22, 
1852, and the act or acts of which the same is an amendment. 

Aqueducts. § i- The city of Peoria shall have the power to con- 

struct such aqueducts along the shore of Lake Peoria, or 
elsewhere, or on the highways, or elsewhere, in said Peoria 
county, and to construct such pumping works, break waters, 
subsiding basins, filter beds, and reservoirs, and to lay such 
water mains and to make all other constructions, in said 



CITIES — NEW PEIVILEGES. 1 67 

county, as shall be necessary in obtaining from Lake 
Peoria, or elsewhere, a sufficient and abundant supply of 
pure water for said city. 

§ 5. Said city shall have power to extend aqueducts or power to ex- 
inlet pipes into Lake Peoria, so far as may be deemed *^°^ ^°^^^- 
necessary to insure a supply of pure water, and to erect a 
pier or piers on said lake, for the making, preserving and 
working of said pipes or aqueducts: Provided, that such 
piers shall not interfere with the navigation of said lake, 
and be furnished with a beacon light, which shall be lighted 
at all proper seasons and hours. 

§ 6. For such expenditures, pertaining to the supply of Expenditures. 
water to the said city, as are hereby authorized, the city 
council shall have power to borrow, from time to time, as 
they shall deem expedient, a sum of money not exceeding, 
five hundred thousand dollars, in all, and issue bonds of 
the city therefor, pledging the faith and 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 pertaining to the 
water supply of said city, herein specified, nor shall the 
same, or any part thereof, be used by the said city for any 
other purpose. 

§ 7. The said bonds shall bear interest at a rate not issue of bcuds. 
exceeding seven per cent, per annum — principal and inter- 
est payable in New York, and shall not be sold at a rate 
which will net less than their par value, unless the 
said city council of said city shall, by a vote of a majority 
of all the aldermen elected, authorize the same to be sold 
at a lower rate, and then only at such rate as shall be fixed 
by said council: Provided, hoioever, that reasonable com- 
missions to brokers or agents employed in procuring the 
sale or negotiation of said bonds may be paid. 

§ 8. It shall be the duty of the clerk of said city to Record of bouds 
keep such a record of all bonds hereafter to be issued, for 
the water supply of said city, as shall, at all times, exhibit 
the number and amount of such bonds outstanding, the 
rate of interest, and when and where the principal and 
interest are payable. 

§ 9. The said city council shall have power, from time Power to coi- 
to time, by ordinance, to provide for and assess and collect, '^'^'^^'^'■'■«°^- 
as water rents or assessments, such amounts as they shall 
deem equitable, on any lots of land which shall abut or 
adjoin any street, 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 build- 
ing or buildings thereon, which can be conveniently sup- 
plied with water from said pipes. The said assessment 
shall be on the said lots and on the building or buildings 
thereon, whether the water from the water works of said 



168 CITIES — NEW PEIVILEaES. 

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 thereon. 
Separate ac § 10. All accounts pertaining to the water works of 

counts kept. g^j^ ^^^y e,hal\ be kept separate and distinct from the ac- 
counts pertaining to the other funds"*of said city ; and all 
moneys deposited with the city treasurer, on account of the 
waterworks, shall be by him kept separate and distinct 
from all other moneys, as the water fund, and shall only be 
apphed for the uses and purposes for which the same were 
received ; and such money shall be held by the treasurer 
of the city as a special fund, separate and distinct from all 
other funds, and he shall be deemed guilty of embezzle- 
ment if he shall pay out such money for any account other 
than that belonging to such water fund, and shall be liable 
to indictment for so doing. 
Penalty for In- § H. If any persou shall willfully do, or cause to be 

jury to works, ^q^q^ ^^j ^(>(- -vjrliereby any work, meteriai or property 
whatever, constructed, provided or used within the city of 
Peoria, or elsewhere, for the purpose of procuring or keep- 
ing a supply of water, shall in any manner be injured, or if 
any person shall willfully pollute the water, such person 
shall be subject to indictment, and, upon conviction thereof, 
shall be punished by line not exceeding one thousand dol- 
lars or imprisonment not exceeding six months, or both, in 
the discretion of the court; said fine to be paid into the 
city treasury, to the credit of the water fund. 

CHAPTER XIII. 

rCBLIC SCHOOLS, BOARD OF SCHOOL INSPECTOHS. 

Schools. Section 1. There is hereby created a body politic and 

corporate, by thejiame and style of "The Board of School 
Inspectors of the City of Peoria," who shall have perpetual 
existence ; and by said name shall sue and be sued, plead 
and be impleaded, in all courts and places where judicial 
proceedings are had ; and may purchase, receive and hold 
real, personal and mixed estate, and may sell, lease and 
dispose of the same. 
School iBBpec- § 2. The said board of school inspectors shall consist of 

'"'^^' the mayor of the city of Peoria and two members from 

each ward, (the election districts in the township of Peoria 
to be deemed, for school purposes, portions of the wards at 
which the voting for said districts is now or may hereafter 
be done,) who shall be residents of their respective wards, 
and who shall hold their offices, respectively, for two years, 
or untilj|the election and qualification of their successors. 
They shall be divided into two classes, so that one-half 
shall be elected annually. The first class shall be elected 
on the first Tuesday after the first Monday of Nevember, 



CITIES — NEW PRIVILEGES. 169 

1869, and every two years thereafter. The second class 
shall be elected on the first Tuesday after the first Monday 
of ISTovember, 1870, and every two years thereafter. The Term of office 
members of the board of school inspectors now in oflice 
shall hold over until the first Monday of January following 
the term for which they were elected, except those who 
were last elected, who shall go out of ofiice as hereafter pro- 
vided All members of the board hereafter to be elected 
shall enter upon the duties of their office on the first Mon- 
day of January following their election, except those then 
elected in 1870 in the wards casting the lowest number of 
votes, who shall not enter upon the duties of their oflice 
until the first Monday in June, A. D. 1871. 

§ 3, All following elections for school inspectors shall Election of 
be held on the first Tuesday after the first Monday of 'No- ^°"^™' 
vember, each successive year, and shall be notified and 
called, and the poll-books opened and kept, the votes can- 
vassed and the returns made along with and as part of the 
election for city officers of said city and county and state 
elections ; and the same registry lists shall be used as in 
the municipal and state and county elections. The person 
receiving the highest number of votes for said oflices, at 
said elections, shall be declared elected, and the city clerk, 
^immediately upon the election and canvassing of the votes, 
shall notify the several persons so elected of their election; 
and a majority of the board shall constitute a quorum. 

§ 4. The legal voters of the town of Peoria shall be Time and place 
entitled to vote at all elections for said inspectors held in ° ^° '^"' 
pursuance of this chapter ; and the votes of the legal voters 
residing out of the city of Peoria, but within the town of 
Peoria, shall be received at the places of voting in said city 
of Peoria as at present provided ; and all vacancies occur- 
ring in said board, by death, removal from the wards, or 
otherwise, shall be filled by the legal voters aforesaid ; and 
if the annual election provided for as aforesaid shall not 
be notified and held at the time specified in this chap- 
ter, it shall be, by the proper officer or oflicers, notified, 
called, held, canvassed and returned at some other time 
thereafter ; and the persons so elected shall hold their re- 
spective otfices for the term which tliey would have held 
if they had been elected at the regular election held at the 
usual time for that year. 

§ 5. At the first regular meeting, in January of each Election of 
year, or as soon thereafter as may be, the said board of p''^^'^^''*- 
school inspectors shall choose one of their own number as 
president of said board, and shall also appoint a secretary 
and treasurer, who may or may not be members of the 
board. The said secretary and treasurer shall hold their 
offices for one year and until their successors shall be re- 
spectively appointed and qualified. The secretary and 
treasurer shall be subject to rerao^^l, bv a maiority of all 
Vol 11-22 ' - 



1 70 CITIES — NEW PEIVILEGES, 



or where a vacancy may occur in said offices by death, res- 
ignation, removal from the city, or otherwise, the board 
shall appoint a competent person to till the vacancy. 
Record of pro- g 6. The Secretary shall keep a record of the proceed- 
ng8. .^^^ ^^, ^^^ board, in a book to be provided for that pnr- 

:pose, and shall do and perform such other duties, in rela- 
tion to the schools and education in said city, as shall be 
required of him by the rules and regulations of the board, 
and shall be sworn to the faithful performance of his 
duties, and shall receive such compensation as the board 
may prescribe. 
Duiies of the § j. The treasurer shall receive all the moneys belong- 
treasurer. .^^ ^^ ^j^^ school fund of the city of PeoHa and other 

moneys under the control of said board, and shall keep a 
true and accurate account of all moneys received and paid 
out by him, for what purpose, and upon what and whose 
account, but he shall pay out no money, except upon the 
order of the board. For all moneys paid out he shall take 
and tile with the papers of his office proper vouchers ; he 
shall settle his accounts with the board once in each year, 
and ofrener, if the board shall so require ; he shall perform 
. such other duties as the board may, by any rule or regula- 
tion, prescribe ; he shall be sworn to the iaithful discharge 
of his duties, and shall give a bond to the city of Peoria, 
with good and sufficient sureties, to be approved by the 
board of school inspectors, in such sum as said board shall 
determine, but to be, as nearly as can be ascertained, in 
double the amount of all moneys that may be in his hands 
at any one time during any one year, and conditioned for 
the faithful performance of his duties as such treasurer, 
and, especially, faithfully to keep, and, from time to time, 
pay over all moneys that he shall receive as such treasurer, 
as 'he shall be directed by the board or required by law; 
and for any breach of the conditions of said bond a suit 
shall be prosecuted for such breach or breaches against the 
treasurer and his securities, in the name of the city of 
Peoria, under the direction and supervision of said board 
of inspectors; and when any money shall be collected 
thereon, it shall be paid over as the board shall direct, to be 
used and appropriated as other money in the treasury ; 
but if the default was for the non-payment or on account 
of the principal of the township school fund, it shall again 
become part of the principal of said fund. 
Slated meetings § 8. The lioard of iuspectors shall hold Stated meetings, 
and the president or any two members of said board may 
call special meetings, by notice to each of the members of 
said buard, served personally or left at his usual place of 
abode ; and shall have power — 
School houses'^ 5 I^irsi. — To ercct, hire or purchase buildings, suitable for 
school houses, and keep the same in repair. 



CITIES — NEW PRIVILEGES. 171 

Second. — To buy or lease sites for school houses, with t])C School Bites. 
necessary grounds. 

Third. — To furnish schools with what they shall deem Necessary far- 
necessary fixtures, furniture and apparatus. mture, etc. 

Fourth. — To establish, support and maintain public Rate of taxation 
schools for all the children of the city, and determine the 
rate of taxation for school purposes in the manner herein- 
after provided. 
. Fifth. — To fix the compensation of teachers, and estab- compensation 
lish rules respecting the oualitications and how the same *° ^^^•=^^''^- 
shall be determined. 

Sixth. — To prescribe school books to be used, and the school books, 
studies to be taught in the different schools. 

Seventh. — To lay oft and divide the city into school dis- Divide districts. 
tricts, and from time to time alter the same, or create new 
ones, as circumstances may require. 

Eighth. — To establish schools of different grades, and Persons who 
such rules and regulations for the admission of pupils into ted\o echoor' ' 
the same, having regard to the ages and qualifications of 
such pupils. 

Ninth. — To appoint such other ofiicers, committees or Appointment 
agents as they shall deem best and most conducive to the °^'^®^^'^^- 
well being of the schools, and of education in said city. 

Tenth. — And generally to have and possess all the rights, schools and 
powers and authority necessary for the proper management ^'^'**- 
of the schools and the fund belonging to the city for school 
purposes, with power to make all such rules and ordinances 
as may be necessary to carry their powers and duties into 
efiect, and perfect a good system of public instruction and 
schools in said city. 

§ 9. On the sale of any real estate made by said board, purchase, hold 
they may, by resolution to be entered on the minutes of estlt'e!"^^^ '^^^^ 
their proceedings, by the secretary of the board, authorize 
and empower the president of the board to convey such 
real estate, by a good and sufiicient deed, under his hand 
and private seal, to the purchaser or purchasers thereof, 
and such deed duly acknowledged by the president of the 
board making the same, as other deeds of real estate are 
required to be, by the laws of this state, then in force, con- 
cerning conveyances by individuals, shall convey real estate 
to and vest all the title and interest of said board of school 
inspectors therein in the grantee or grantees in such deed 
mentioned, their heirs and assigns forever, and the deeds of 
conveyance executed by the president of said board and 
duly acknowledged by him, shall be^;>r^m(^ facie evidence 
of his having been duly empowered by the said board to 
make such conveyance. 

§ 10. It shall be the duty of the board of inspectors to Annual reports, 
make annual reports at the close of each school year, set- 
ting forth therein the number of public schools in the city, 
the number of scholars in each school, the several branches 



172 CITIES — NEW PRIVILEGES. 

of education pursued in each, the expenditure for each 
school, the compensation paid to teachers, the condition of 
the school houses, from what source funds have been re- 
ceived for school purposes, and what the condition of such 
funds, what are the accommodations furnished for the 
pupils, and making any other statement and suggestion 
that they shall deem proper to aid the cause of public 
schools and of education in the city. Said report shall be 
made to the city council, and the board shall also cause the 
said report or such parts thereof as they shall judge best, to 
be published in pamphlet form, or in some one or more 
newspapers published in said city. 

No compensa- § H. Ko member of the board of inspectors shall re- 
ceive any compensation for his attendance of the meetings 
of the board, nor for the performance of their ordinary du- 
ties, but for extraordinary services reasonable compensation 
may be allowed. The treasurer shall receive such compen- 
sation for receiving and disbursing money, as the board of 
inspectors shall prescribe. 

City council to § 12. On or before the first Tuesday in August of each 
c7rrent year. ^^ year^ the board of inspectors shall determine the amount of 

•* money, which, in their opinion, will be required to be 

raised by taxation for the support of the public schools of 
the city the ensuing year, and notify the city council of the 
rate of tax to be levied and collected for that purpose, as 
provided by the second clause of chapter YII of this act, 
not exceeding the per centago authorized by said clause, 
and the amount so reported to the city council shall be 
levied and collected in the same manner and at the same 
time as other city taxes, and when collected shall be paid 
over to the treasurer of the board. 

Expense of the § 13. Koschool in Said city, or the teacher or pupils 
thereof, shall receive any part of any school fund belonging 
to the state or township, or any money raised by taxation, 
that is not a jDublic school, as provided by this act, and es- 
tablished and maintained under the authority and direction 
of the board of inspectors. 

Teachers keep § 14. The several teachers of said public schools shall 
keep schedules of the pupils attending the schools, and of 
their attendance, etc., as is now required or may hereafter 
be required of teachers of public schools by law, and the 
said board of inspectors sliall make returns and report to 
the state superintendent of public schools, on all such mat- 
ters and things as is or shall be required by law, and the 
direction of such superintendent of any county or township 
ofiicers, and shall make such other reports as township offi- 
cers are or may be required to make by virtue of any law 
of this state. 

School for col § 15. The board of school inspectors may establish a 
school or schools for the people of color in said city, on 
Sdch a basis and under such rules and regulations and re- 



BChedules. 



ored children. 



CITIES — NEW PEIVILEGES. 173 

Btrlctions as they shall deem just aud proper, the espeudi- 
tures for such schools to be, in no case, less than the amount 
of taxes paid by the colored population. 

§ 16. The office of trustees of schools of township eight office of trcs- 
(8) north, range eight (S) east, in Peoria county, is hereby *^^''*'° ^^^^• 
abolished, and the board of school inspectors of the city of 
Peoria shall succeed to all rights, powers and duties of said 
trustees ; and the title to all real, personal and mixed prop- 
erty, heretofore vested in said trustees, shall vest in said 
board of school inspectors, with power to sell, lease and 
dispose of the same. The power to cause to be extended, 
levied and collected, taxes for the support of free schools, 
which is now or hereafter may be, by the general school 
laws of the state, vested in the trustees of schools, shall be 
and is hereby vested in said board of school inspectors. 

§ 17. For the purpose of enabling the said board of ^.J^^^y erect ad- 
school inspectors to provide additional school buildings in iags."^ 
the city of Peoria, the city council of the city of Peoria are 
authorized to issue the bonds of said city, from time to 
time, signed by the mayor and countersigned by the clerk 
of said city, in such sums and payable at such times, not 
exceeding twenty years from their date, and at such place 
or places, with semi-annual interest coupons attached, as the 
said city council may deem proper : Frovided^ that the 
aggregate amount of such bonds to be issued, together with 
those heretofore issued and outstanding, for the purposes 
herein mentioned, shall not exceed, at any one time, one 
hundred and twenty-five thousand dollars. All of said 
bonds may be made payable in the city of Peoria, shall 
bear interest at a rate not exceeding eight per cent, per 
annum, and those payable in the city of l!»\"ew York, or else- 
where out of the city of Peoria, not exceeding seven per 
cent, per annum, payable semi-annually. The city council 
of the city of Peoria shall provide, by ordinance, for the 
issuing of said bonds, and the delivering of them to the presi- 
dent of the board of school inspectors of said city, and the 
proceeds thereof shall be, by said board, applied exclusively 
to the purpose of building, repairing, enlarging and furnish- 
ing school houses, and purchasing sites therefor in said city. 

§ 18. The tax which the city council is empowered to Pay intereet 
levy and collect in pursuance of clause fourth of chapter 7 and principal. 
of this act for the purpose of paying the interest and prin- 
cipal of bonds issued in pursuance of any previous acts, and 
now outstanding or which may hereafter be issued in pur- 
suance of the foregoing section, shall, when collected, be 
paid into the city treasury and constitute a separate and dis- 
tinct fund, specially pledged to the payment of the princi- 
pal and interest of the aforesaid bonds. If there should be 
a surplus at any time, after paying the interest of said bonds 
or redemption of any bonds issued by virtue hereof, the 
city council may, in their discretion, order the purchase of 



174: CITIES — NEW PEIVILEGES, 

any of said bonds, if they can be purchased upon satisfac- 
tory terms, or if no such bonds can be purchased, invest 
said surplus in United States securities, 
constrnction § 19. Any act of the general assembly now in force or 

raiassembfy"^' hereafter to be enacted, for creating and enacting a state 
system of public schools, shall not be construed in any man- 
ner to repeal, alter or change any of the provisions of this 
act, unless such act shall specifically provide for such re 
peal, alteration or change. 

Vested property. § 20. All property, real, personal and mixed, belonging 
to or vested in the trustees of schools of township eight (8) 
north, range eight (8) east, and board cf school inspectors 
of the city of Peoria, heretofore established by law, and all 
rights and claims, legal and equitable, existing in them, are 
hereby vested in the board of school inspectors of the city 
of Peoria, created by this act, to be had, held and enjoyed 
in as full and ample a manner as they were by the former 
corporation ; and all rules, regulations and appointments 
now in force, made by the former corporation, and not in- 
consistent with this act, shall continue in force until changed, 
amended or annulled by the corporation hereby created, the 
latter corporation being, in all respects, the successor to the 
rights and duties of the former corporation. 

An act repealed § 21. That an act entitled "An act to provide for schools 
in township eight (8) north, range eight (8) east, in Peoria 
county," approved March 6, 1867, be and the same is here- 
by repealed. 

CHAPTER XIV. 

MISCELLANEOUS PROVISIONS. 

Publication Of SECTION 1. All ordinances passed by, the city council 
ordinance?. ghall, within thirty days after the passage thereof, be pub- 
lished at least once in some newspaper or newspapers pub- 
lisned in said city ; and proof of such publication, by the 
affidavit of the printer or publisher of said newspaper, 
taken before any officer authorized to administer oaths, 
and tiled with the city clerk, or any other competent proof 
of such publication, shall be conclusive evidence of the 
publication and promulgation of such ordinance, in all 
courts and places ; and all ordinances, when published as 
aforesaid, shall be deemed and taken as public acts, and 
shall be received in evidence in all courts of law and equity 
in this state without proof, 
style of ordi- § 2. The Style of the ordinances of the city shall be, 
nances. j^^^ ^-^ ordained hy the City Council of the City of Peoriay 

Evidence of § 3. All Ordinances, when printed or published in book 
nan^s^ °^ °'^^'" or pamphlet form, and purporting to be printed and pub- 
lished, by authority of the city council, shall be received in 
evidence in all courts and places without further proof ; 
and when ordinances are printed and published in book or 
pamphlet form, as herein provided, it shall not be neces- 



CITIES — NEW PKIVILKGES. 175 

sary to publish the same as provided in section one of this 
chapter. 

§ 4. All ordinances, regulations and resolutions now in Prior ordman- 
force in the city of Peoria, and not inconsistent with this ^^^*° °'^^"' 
act, shall remain in force under this act until altered, modi- 
fied or repealed by the city council, after this act shall take 
effect. 

§ 5. All actions, rights, fines, penalties and forfeitures, Former rights 
in suit or otherwise^ which have accraed under the several in^onforatioaf 
acts consolidated herein, shall be vested in and prosecuted 
by the corporation or corporations hereby created. 

§ 6. All property, real, personal and mixed, belonging au property 
to the city of Peoria, is hereby vested in the corporation JaUoa/" ^"'^°" 
or corporations created by this act ; and the officers of said 
corporation or corporations now in office shall, respectively, 
continue in the same until superceded in conformity to the 
provisions hereof, but shall be governed, by this act, which 
shall take effect from and after its passage. 

• § 7. This act shall not invalidate any legal act done by Actvaud. 
the city council of the city of Peoria or by its officers, nor 
divest their successors under this act of any rights of prop- 
erty, or otherwise, or liability which may have occurred to 
or been created by said corporation prior to the passage of 
this act. 

§ 8. ]^o person shall be an incompetent judge, justice, incompetent 
witness or juror, by reason of his being an inhabitant or J"^^™®^' ^^*^- 
freeholder of the city of Peoria, in any action or proceed- 
ing in which said city shall be a party in interest. 

§ 9. All officers of the city created conservators of' the Arrests, with 
peace by this act shall have power to arrest, or cause to be ranT."'^"''' ^^"' 
arrested, with or without process, all persons who shall 
break or threaten to break the peace, and, if necessary, 
detain such persons in custody over night, in the work- 
house, bridewell or other safe place, and shall have and 
exercise such other powers, as conservators of the peace, as 
the city council may prescribe. 

§ 10. The cemetery lots which have been or may here- cemetery iota 
after be laid out and sold by said city, for private places of auaThment!'"™ 
burial, shall, with the appurtenances, forever be exempt 
from execution and attachment. 

§ 11. In all cases where lands in said city are hereafter subdivision of 
subdivided and laid out into blocks or lots, sub-lots, streets i^dby wuncii°" 
and alleys, or new streets or public grounds are donated or 
granted to the public by any proprietor, in order to secure 
a uniform plan in the laying out of such streets and alleys, 
the map or plat thereof shall be submitted to the city 
council tor their approval. If they approve, the city clerk 
shall certify upon it their approval ; and no such map or 
plat shall be entitled to record or have any validity until 
so approved by said council. 



176 CITIES — NEW PER^ILEGES. 

Powers of the § 12. The cit}' council shall have power to cause the lots 
vev"aD!i number and blocks of the citj to be surveyed, platted, and numbered 
city lots. f ii consecutive numbers, from one upwards, and to designate 

and number all fractional and other lots or blocks, in such 
manner as they may prescribe by ordinance ; and such plat, 
designation and numbers, when made and duly recorded, 
shallbe a good and valid description of said blocks and lots or 
fractional blocks and lots ; to establish, mark and declare the 
boun daries and names of streets and alleys ; and any tract 
of lands adjoining said city which may be laid off into blocks 
and 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. 
City not requi- § 13. "Whcn in auy suit the city of Peoria prays and 
p^etibond!^ '^^' appeals from the judgment of any court of this state to a 
higher court, it shall not be required to furnish an appeal 
bond, nor shall any affidavit of merits be required of said 
city in any suit to which it is a party defendant, to entitle 
it to defend the same. No suit shall be brought against 
the city, except in a court of record, nor shall any writ of 
• execution be issued for the collection of any judgment re- 
covered against said city. 
Vote of city § 14. No vote of the city council shall be reconsidered 
sci^ded.^"^^^' or rescinded at a special meeting, unless at such special meet- 
ing there be present as large a number of aldermen as were 
present when such vote was taken. 
coDstrnctionof §J15. Nothing in this act shall be so construed as to 
^'^^' deprive t^e city council of said city of any powers or au- 

thority conferred upon the same by the act incorporating 
said city and the various acts amendatory thereto, but the 
said city council shall possess and enjoy all the powers and 
authority heretofore conferred upon the same, except so far 
as such powers and authority have been expressly modified 
or repealed by this act or the acts heretofore mentioned. 
Pubiicatiou cf § 16. The city council, at their regular meeting in the 
ordinances. month of January, in each year, or within not to exceed 
thirty days thereafter, shall designate one public newspaper, 
printed in said city, in which shall be ptiblished all ordi- 
nances and other proceedings and matters required in any 
case by this act, or by the by-laws and ordinances of the 
city .council, to be published in a newspaper ; and if the 
proprietors of the newspaper so designated shall at any 
time during the year suspend the publication thereof or 
decline longer to publish said procedings, another newspa- 
per shall be designated in its stead. The city council may, 
also, in its discretion, provide for the publication of said 
ordinances and other ])roceedings, or such portion of the 
same as it may think proper, in some newspaper published 
in the German language. 



Designation of 
paper. 



CITIES — NEW PRIVILEGES. 



177 



§ 17. All acts, resolutions and ordinances heretofore concerniEg eu- 
passed by the city council of said city, appropriating 
money for the purpose of encouraging enlistments in said 
city, are hereby ratified and confirmed, and shall be and 
remain in force until altered, modified or repealed. 

§ 18. This act shall not operate or be construed to ex- Railroad*. 
tend to any railroad company any rights, privileges or 
benefits which they do not now possess under their respec- 
tive acts of incorporation or existing laws. 

§ 19. Whenever any railroad or railway company. Railroad track?, 
which has been heretofore or may hereafter be authorized 
to extend its railway tracks along the streets, alleys or 
other highways, controlled by the city, within the limits of 
said city, shall desire to use the track or tracks of any 
other railroad or railway company, in any streets, allej's or 
other highways, within said limits, for the passage of their 
cars and engines and the transaction of their business, or 
either, it shall ba lawful for such company to apply, by pe- 
tition, to the judge of the circuit court of Peoria county 
for such leave ; and the owner or owners of such track or 
tracks, so desired to be used, having been first notified to 
appear and answer to such petition, it shall be the duty of commissioners. 
said court to appoint three commissioners to determine the 
time or times, mode, manner, extent and rates, at which 
such track or tracks may be used, as aforesaid; and the 
said commissioners shall grant a certificate to the party or 
parties so applying, setting forth in such certificate their 
decisions; and the party applying, as aforesaid, acting in 
pursuance of said certificate, shall be authorized to use 
such track or tracks, in compliance with such certificate. 
An appeal may be taken by either party to the circuit 
court of Peoria county from such decision. All proceed- 
ings in said court and before said commissioners, when so 
appointed, shall be conducted in the manner provided for 
the condemnation of rights of way in an act entitled "An 
act to amend the law condemning the right of way for 
the purpose of internal improvement," approved June 22, 
A. D. 1853, and the acts amendatory thereto. The pro- 
visions of this section shall not authorize the use of the 
railway tracks of any party for the running of the regular 
trains of another party, or in such manner as in any way 
to interfere with the running of the regular trains or, ma- 
terially, with the general business of the party owning such 
railway track; and such use of such railway track and the 
cars and engines passing over the same shall be uudc^r the 
exclusive direction and control of the superintendent of 
the railway the track of which is so used, and shall be 
limited to the railway tracks down, in, along and over the 
streets, alleys or other highways of said city, as heriube- 
fore stated. Whenever, by the use of any such track, un- 
der the decision made as above specified, either party shall 
Yol. 11-23 ^ ' ■ *- 



178 



Term of office. 
City offlcors. 



Act repealed. 



Annual election 
of 



Floating debt. 



Funding debt. 



Council may 
boirow money. 



CITIES — NEW PRIVILEGES. 

deem the terms of said use unjust or inequitable or to 
require revision, lie or they may have a re-adjustment of 
the same, upon the application and hearing in the manner 
as above prescribed. 

§ 20. All persons now holding office in the city of Peo- 
ria, by virtue of an election of the people, except as herein 
otherwise provided, and for whose re-election by the people 
this charter provides, shall be continued in office until the 
first Tuesday in January, 1870, or until their successors are 
elected and qualified. All persons, now holding office by 
an election from the people, and whose re-election by the 
same is not provided* for, shall go out of office on the first 
day of May, 1869, except the city clerk and attorney, who 
shall hold over until the first Tuesday in January, 1870. 

§ 21. So much of an act entitled "An act to regulate 
the holding of elections in the city andjtown of Peoria," 
approved March 7, 1867, as relates to an assessor for the 
city of Peoria, is hereby repealed, and the city council 
shall have power, immediately upon the passage of this 
act, to appoint one or more assessors for said city. 

§ -22. After the next annual election for township offi- 
cers, in the town of Peoria, to be held in April, 186!), the 
next election for such officers shall be held on the first 
Tuesday after the first Monday in JSTovember, of the same 
year, and annually on the same day of the month of I^ovem- 
bor thereafter : Provided^ that the officers so elected in the 
month of JSTovember shall not enter upon their duties until 
the town officers of the other townships of Peoria county, 
elected at the annual town elections, in the April following, 
shall be entitled to enter upon their duties. 

§ 23. Upon the passage of this act, the city council 
shall provide for the immediate payment of the floating 
debt of said city, by the issue and sale of city bonds — said 
bonds to bear interest at a rate not to exceed ten per cent, 
per annum, payable annually or semi-annually — the prin- 
cipal to be' payable in equal installments, so as to be ex- 
tinguished at the end of four years ; and it shall be obliga- 
tory on the city council, annually in each year, to include 
in its appropriation bill the sum necessary to redeem such 
bonds as may fall due within said year. 

§ 24. Upon the funding of the floating debt by the 
city, as provided in the foregoing section, the city council 
shall provide and keep in the city treasury, constantly, cur- 
rent funds suflicient to redeem all warrants drawn by its 
authority ; and no warrant shall be draWn on the city 
treasury unless there are sufficient moneys in the same to 
redeem said warrants. 

§ 25. [n order to provide the necessary funds for the 
redemption of the warrants drawn on the treasury before 
the collection of the annual revenue of the city, the city 
council shall 1 iftve authority to borrow money, in anticipa- 



CITIES — NEW PEIVILEGES. 179 

tion of the taxes, or they may provide for the issue of 
bonds of the city, equal in amount to the amount of the 
tax levy on behalf of the general fund for the year 1869. 
Said bonds may run for a term not to exceed thirty years, 
and bear interest not to exceed seven per cent, per annum, 
payable semi-annually at such place as the city council may 
direct, out of moneys belonging to the general fund. 

§ 26. This act shall be deemed and taken as a public 
act, and shall be in force from and after its passage. 

Approved February 20, 1869. 



AN ACT supplemental to an act entitled "An act to reduce the charter of in rforce April 
the city of Peoria, and the several acts amendatory thereof, into one act, "iT, 1869. 
and revise the same," approved February 20, 1869. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the G-eneral Assembly, That sections Act amended, 
six (6) and seven, (7,) of chapter twelve, (12,) of an act 
entitled "An act to reduce the charter of the city of JPeo- 
ria, and the several acts amendatory thereof, into one act, 
and revise the same," approved February 20, 1869, be and 
the same are hereby so altered and amended that one hun- 
dred and fifty thousand (150,000) dollars of the bonds 
authorized to be issued by said sections shall bear interest 
at a rate not exceeding ten per centum per annum. 

§ 2, This act shall be deemed a public act, and shall be 
in force from and after its passage. 

Appeoved April 17, 1869. 



, AN ACT to amend the charter of the city of Peru ^" force June 

19, lSu9« 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That section Act amended. 
one (1) of the fifth (5) article of the charter of the city of 
Peru, approved February 13th, 1857, be and the same is 
hereby amended so that the city council of said city shall 
have power and authority — 

IHrst. — To levy and collect taxes upon all ^^roperty, real 
and [personal,] within the limits of the city, not exceeding 
three-fourths of one (1) per cent, per annum upon the 
assessed value thereof; which taxes shall constitute the 
general fund. 

Second. — To levy and collect taxes, not exceeding one Tax to repair 
(1) half of one (1) per cent, per annum on all property 8'<iew(iik8. 



CITIES — NEW PEIVILEGES. 



subject to taxation, for the purpose of building and repairing 
sidewalks and other public similar improvements : Provided^ 
that the taxes so raised be expended for such public im- 
provements within the ward in which the same are raised. 
Appkoved March 29, 1869. 



la force when ^j^ ^CT to reduce the lawincoiporating tke city of Quiacy, and the seve- 
fegal voters.^ ^^"^ ^^^^ amendatory ttereof, into one act, and to amend the same. 

CHATTER I. 

OP BOUNDARIES, TVARDS, AXD GINEP..\X POWERS. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
Boundaries. district of countrj, in the county of Adams, and state of 
Illinois, known and described as follows, to wit: Begin- 
ning in the middle of the main channel of the Mississippi 
river, at a point due west from the north-west corner of 
section thirty-five, in township one south of the base line, 
of range nine v.^est of the fourth principal meridian ; run- 
ning thence east, through said north-west corner of section 
thirty-live, and along the north line of sections thirty-five 
and thirty six, to the north-east corner of section thirty-six, 
in aforesaid township and range; thence east two rods, 
along the north hue of section thirty-one, in township one 
south, range eight west; thence south, at the distance of 
two rods from the east line of section thirty six, to a point 
two rods east and two rods north of the south-east corner 
of said section thirty-six; thence running due east to the 
north-east corner of the north-west quarter of section six, 
in township two south of the base line, range eight west of 
the fourth principal meridian ; thence due north to a point 
due east of the sbuth-west corner of the old Quincy ceme- 
tery ; thence due west to a point two rods east of the east 
line of section one, in township two south, range nine 
west; thence south, at two rods' distance from the east line 
of Sections one and twelve, in said township two south, 
range nine west, to a point two rods east of the south-east 
corner of the north half of said section twelve; thence 
west, through said south-east corner and along the south 
line of the said north half of section twelve, and along the 
south line of the north half of section eleven, in same 
township and range, to the south-west corner of same; 
thence due west to the middle of the main channel of the 
Mississippi river; thence up said river, along the middle 
of the main channel thereof, to the place of beginning; 
is hereby created into a city, by the name of " The City of 
Quincy." 



OrriES—- NEW PKIVILEGES. 1 61 

§ 2. The inhabitants of said city shall be a corporation, Name and style- 
by the name of "City of Quiucy," and, by that name, may 
sue and be sued, complain and defend, in any court ; make 
and use a common seal, and alter it at pleasure ; and take 
and hold, and purchase, lease and convey, such real, per- 
sonal and mixed estate as the purposes of the corporation 
may require, or the city may have interest in, within or 
without the limits aforesaid. 

§ 3. The city of Quincy shall be divided into six wards. Division of city 
1st. All that part of the city which lies north of Yermont ^^° '^"^^■ 
street, and west of Seventh street, shall be denominated 
the first ward. 2nd. All that part of the city which lies second ward. 
between Yermont and York streets, and west of Seventh 
street, shall be denominated the second ward. 3rd. All TMrd ward, 
that part of the city which lies south of York and west of 
Seventh street shall be denominated the third ward. 4th. Fourth ward. 
All that part of the city which lies east of Seventh street, 
and south of York street, or York street extended, shall be 
denominated the fourth ward. oth. All that part of the city Fifth ward, 
which lies between York and Yermont streets, and York and 
Yermont streets extended, and eastof Seventh street, shall be 
denominated the fifth ward. 6th. All that part of the city sixth ward. 
which lies east of Seventh street and north of Yermont street, 
and Yermont street, extended, shall be denominated the sixth 
ward : Provided, that the city council may, by ordinance, 
change, from time to time, said ward boundaries, or increase 
the number of wards, having regard to preserving an 
equality of population in the several wards, and, if need 
be, may divide the wards into two or more election dis- 
tricts — a majority of all the aldermen elected being required 
for any of the above-named changes; and may, by such 
majority, in any way change said wards, or increase the 
number thereof. 

CHAPTER II. 

SLECTION AND APPOINTMEXT OP OFFICERS. 

Section 1. The municipal government of the city shall city council, 
consist of a city council, to be composed of the mayor, and 
two aldermen from each ward. 

§ 2. The other officers of the city shall be, a city clerk, fic?ir*°°'''^°^" 
city treasurer, city collector and city marshal, to be elected 
at the annual charter election ; a city assessor, city engi- 
neer, city attorney, city physician, city supervisor, a com- 
missioner of public works, a city sexton, a chief of police, 
a clerk of the market, a harbor master, an overseer of the 
poor, and such other officers and agents as may be pre- 
scribed by ordinance, to be appointed by the city council, 
who shall hold their offices for one year: Frovided, that all 
said officers or agents provided for by this section shall be 
subject to removal for cause, to be entered of record, by a 



182 CITIES — NEW PRIVILEGES. 

two-thirds vote of all members of the city council ; and in 
case of removal, the council may, by appointment, fill the 
vacancy occasioned thereby. Their duties not otherwise 
defined may be prescribed by ordinance ; and where not 
so defined or prescribed, or where any duty shall seem to 
the mayor omitted to be defined or prescribed, they shall 
be subject to his discretion, and until their successors are 
appointed and qualified. 

Ward elections. § 3. An election shall be held in each of the wards of 
said city, at such place or places as the city council may 
designate, on the third Monday in April in each year, and 
of which notice shall be given by publishing the same in a 
daily newspaper published in said city, and by posting 
printed notices in three public places in each ward, giving 
at least ten days' notice thereof, as may be prescribed by 
ordinance. 
Election of § 4. At the aunuai election, there shall be elected, by 

mayor and clerk ^1^^ qualified voters of the city, a mayor, city clerk, city 
treasurer, city collector and city marshal ; and by the quali- 
fied voters in each ward, an alderman ; and the person 
receiving the highest number of votes for the respective 
ofiices shall be declared duly elected thereto. 
Tie vote, how § 5. Whenever there shall be a tie in the elections of 

determined. niayor or aldermen, or other ofiicers elected under this act, 

the judges of the election shall immediately certify the 

same to the city council, who shall detei'mine the same by 

lot, in such manner as may be provided by ordinance. 

Term of office § 6. The mayor shall hold his ofiice for one year, and 

mayoi. until his succcssor is elected and cjualified. 

Eepresentation § 7. Each ward in the city shall be represented in the 

of wards. ^-^^ couucil by two aldermen, who shall be residents thereof, 

and hold their offices for two years, respectively, and until 
the election and qualification of their successors. 
Eiigibiuty of § 8. jNo pcrsou shall be eligible to the office of mayor 

mayor. ^^ alderman, unless he is over the age of twenty-one years, 

is a citizen of the United States, and has resided in the city 
for one year immmediately preceding his election. 
Removal from § 9. If the mayor, or other officers, should remove from 

the city. |.j^g ^- j.y^ ^„ ^^ alderman from the ward for which he is 

elected, during his term of office, the same shall thereby be 
vacated. 
Vacancy in of: § 10. Whenever any vacancies shall happen by the 

flee of mayor. i .i • .• "^ ■, .■, • -? V, 

death, resignation, removal, or otherwise, of the mayor or 
any alderman, such vacancy shall be filled by a new elec- 
tion, unless said vacancy occurs within ninety days prece- 
ding the regular city election ; and such new election shall 
be ordered by the city council, within ten days after the 
happening of said vacancy, in such manner as may be pro- 
vided by ordinance; and in case of such vacancy in any 
other office, the council may fill the same by appointment. 



CITIES — NEW PEIVILEGES. 183 

§ 11. The mayor or any alderman may be removed, for Removal from 
cause entered of record, by a vote of two-thirds of all the ^^'^^' 
aldermen authorized by law to be elected. 

§ 12. All citizens of the United States qualified to vote Qualifications 
at any election held under this act, except as herein other- ^^^'ers. 
wise provided, shall be qualified to hold any oifice created 
by this act ; but no person shall be eligible to hold any of- 
fice in relation to this city who is or may be a defaulter to 
the city or state, or any county thereof ; and any person 
shall be considered a defaulter who shall refuse or neglect, 
for thirty days after demand is made, to pay over or ac- 
count for public moneys in his possession, to the parties au- 
thorized to receive the same ; and any person so becoming 
a defaulter, while holding an office under the city, the of- 
fice shall thereby become vacant. 

§ 13, The manner of conducting and voting at elections, ..-',^"°J®f °^™- 
to be held under this act, the keeping of the poll lists, can- ductin|°'^ eiecl 
vassing the votes and certifying the returns, shall be as ''°'^^' 
nearly as possible in conformity with the general election 
law of the state. The voting shall be by ballot. Eegistra- 
tion shall be required, as under the general election law, but 
any special election ordered, may be conducted on the reg- 
istration of the regular election last preceding. On the 
closing of the polls, the ballots shall be counted in the man- 
ner prescribed by law, and the returns shall be delivered, 
sealed, to the city clerk, within twenty-four hours after the 
closing of the polls of said election, and thereupon the 
city council shall meet, within three days after the election, 
and declare the result thereof. The city clerk shall at once 
notify all persons elected to office, of their election, and on 
the fifth day after said election, the city council shall meet 
to qualify the members elect, and all such as fail to qualify, 
within ten days after their election, shall be considered as 
declining, and the offices to which they were elected be- 
come vacant, and shall be filled as hereinbefore prescribed. 
^ § 14. Xo ]->erson shall be entitled to a vote at any elee- Qualifications 
tion, under this act, who is not entitled to a vote at state of voters, 
elections, and has not been a resident of said city at least 
thirty days next preceding the election. He shall, more- 
over, have been an actual resident of the voting precinct, 
in which he votes, for thirty days previous to the election; 
and, if required by any person qualified to vote thereat, 
and who has already voted at said precinct, shall take the fol- 
lowing 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 of the United States, (or was a resident ot this state 
at the time of the adoption of the present constitution), and 
have been a resident of this state one year, and a resident 
of this city thirty days immediately preceding this election, 
and am now, and have been for thirty days past, a lesident 
of this voting precinct, and have not voted at this election." 



lS4r CITIES — NEW PETVILEGES. 

And, if required by any legal voter, who has voted in the 
same voting precinct, such voter shall swear or affirm to his 
place of residence, stating where and in what house he has 
resided for the last thirty days, and the same shall be veri- 
fied by the oath or athrmation of some known citizen of the 
voting precinct who has already voted at said election : 
Frovided, that the voter shall be deemed a resident of the 
precinct in which he is accustomed to lodge. 

CHAPTER III. 

POWERS AXO DUTIES OF OFFICERS, 

oatii oi office. Seotion 1. Everv person chosen or appointed to an ex- 
ecutive, judicial or administrative oflice, under this act, shall, 
before he enters upon the duties of his office, take and sub- 
scibe the oath of office prescribed in the constitution of the 
state, and file the same, duly certified by the officer before 
whom it was taken, with the city clerk. 
Presiding offl- § 2. The mayor shall preside over the meetings of the 
cer of council, gitj council and have a casting vote, and no other. He 
shall take care that the laws of the state and ordinances of 
the city are duly enforced, respected and observed within 
tills city, and that all the other executive officers of the city 
Powers andja- discharge their respective duties. He shall have the right, 
mayor.'°° °^'^* ^t any time, to examine the books and papers of any of the 
officers of the city, and require from them an exhibit of 
their accounts ; and shall have the power to require further, 
other, or additional bond. He shall communicate, from 
time to time, to the counci), such information as he may 
deem advantageous to the city. He may give bond and 
qualify as a justice of the peace, and when qualified, shall 
possess the same power and jurisdiction as the police mag- 
istrate, and be entitled to like fees. He shall, also, have 
such jurisdiction as may be vested in him by ordinance of 
the city, in and over all places within five miles of the city, 
for the health and quarantine regulation and ordinances 
thereof. He may, at any time, call a special meeting of 
EnrorcQ ordi- the city council. He is authorized to call on any and all 
nances. j^^]q inhabitants of the city, over the age of eighteen years, 

to aid in enforcing the laws and ordinances ; and, in case of 
a riot, to call out the militia to aid in suppressing the same 
and enforcing any law or ordinance ; and any person who 
shall refuse to obey such call, shall forfeit to the city not 
less than five nor more than one hundred dollars. He shall 
have power to execute all acts that may be required of him 
by any law or ordinance made in pursuance of this act. He 
shall have power to administer, ex officio, any oath author- 
Mayor's salary, ized to be taken by the laws of this state. He shall receive 
for his services such salary as may be fixed by ordinance, 
as hereinafter provided, not to exceed fifteen hundred dol- 
lars per annum. He shall be liable to indictment in the 



OITIES — ^NEW PRIVILEGES. 185 

circuit court of Adams county, for palpable and willful mis- 
conduct and oppression in the discharge of the duties of his 
office, and, on conviction, shall be fined not to exceed two 
hundred dollars ; and the court shall have power, on the / 

recommendation of the jury, to add to the judgment, that 
he be removed from office. 

§ 3. In case of a vacancy occurring in the office ^^ ^Z^of^lj^^'' 
mayor, or his inability to perform the duties of his office, by 
reason of continued absence or sickness, the city council 
shall, by ballot, appoint one of their number to preside 
over their meetings, whose official designation shall be 
"Acting Mayor;" and who shall be vested with all the 
powers and perform all the duties of mayor, except in quali- 
fying as a justice of the peace, until the mayor shall resume 
his office or the vacancy be filled by a new election — the said 
acting mayor still retaining the right, as an alderman, to vote 
on all questions presented to the city council. 

§ 4. The members of the city council shall be fire war- Exempt from 
dens and conservators of the peace, and shall be exempt ^^^'^^''^' 
from jury duty during their term of office. They shall be 
ineligible to fill any office, under the authority of the city, 
which has been created, or whose emoluments have been 
increased during the term for which they have been elected ; 
and they shall be subject to indictment, like the mayor, for 
malfeasance in office, as heretofore provided. 

§ 6. The city clerk shall keep the corporate seal, and Dntiesofcierfe. 
all papers and books belongirrg to the city, 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 common council, certified 
by hira 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, to be 
countersigned by the mayor, and keep an accurate account 
thereof in a book provided for that purpose. He shall, also, 
keep an accurate account of all receipts and expenditures, in 
such manner as the city council or mayor shall direct ; and 
he shall have power to administer any oath required to be 
taken by the laws of this state. 

§ 6. It shall be the duty of the city attorney to per- Attorney. 
form all services incidental to his office, and when required, 
to furnish written opinions upon questions and subjects sub- 
mitted to him by the mayor or the city council, or its com- 
mitttees, or any other department of the municipal gov- 
ernment. 

§ 7. The city treasurer shall receive all moneys belong- Treasurer, 
ing to the city, when not otherwise provided, 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 from the treasury in pursuance of an order of the 
Vol.11— 24 



186 CITIES— NEW PRIVILEGES. 

city council, by a treasuiy warrant, countersigned by the 
major or presiding officer of the city council, and signed by 
the clerk. Such warrant shall specify on what account 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 
clerk. 

Marshal. § 8. The city marshal shall perform such duties as 

shall be prescribed by ordinance of the city council or di- 
rection of the mayor, for the preservation of the public 
peace, the collection of license moneys, tines or otherwise. 
He shall possess the powers and authority of a constable 
at common law and under the statutes of the state, and re- 
ceive 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 — consent of the coun- 
cil being first obtained, and the council being empowered 
to withdraw such consent, if they see fit. He shall execute 
and return all process issued by any proper officer, under 
this act, or any ordinance in pursuance thereof. 
Duties of the § 9. The city engineer shall do and perform, within 

city engineer. ^^^-^ ^-^.^^ ^^ engineering and surveying, and such other du- 
ties pertaining to his office as may be, from time to time, pre- 
scribed to him by ordinance, order or resolution of the city 
council or direction of the mayor, or cause the same to be 
done by some competent person. He shall, when requested 
so to do, survey any private lot in said city into so many 
parts or divisions as may be desired, and put down the 
necessary stakes designated, when requested by any per- 
son about to build a house or fence ; or grade or make a 
sidewalk, the line of a street, lane, avenue or alley on which 
said house or fence is to be erected or sidewalk made, and 
also the grade of such street, lane avenue or alley, and make 
out and deliver to individuals, certificates of all surveys 
made at their request ; and shall receive for these and all 
other special services such fees as may be prescribed by 
ordinance. 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 and plats and 
surveys of the county surveyor. He shall be, ex oficio, one 
of the commissioners of public works, and shall, when re- 
quired, superintend the construction of all public works or- 
dered by the city, make out the plans and estimates thereof, 
and superintend the execution of the same, under the di- 
rection of the council. 



OrriES — NEW PRIVILEGES. 



187 



§10. The city assessor shall perform all duties in rela- Assessor. 
tion to the assessing of property, for the purpose of levying 
the taxes imposed by the city council, except where other- 
wise provided. 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 liabil- 
ities. On completing the assessment lists, and having re- 
vised and corrected the same, he shall sign and return them 
to the city council. 

§ 11. The city collector shall collect all taxes and as- collector's duty 
sessments which may be levied by the city council, ex- 
cept where otherwise provided, and perform such other du- 
ties as may be herein prescribed or ordained by the city 
council. 

§ 12. The city supervisor shall superintend all local im- ^j^^^^^^^^p^'" 
provements in the city, under the orders of tlie city coun- 
cil, except where otherwise ordered by the counciL 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, except as aforesaid ; to or- 
der the laying and repairing of sidewalks, to give notice to 
owners of property adjoining such sidewalks, when re- 
quired, and upon the failure of any person to comply with 
such notice, to cause the same, on order of the council, to 
be laid, relaid, or repaired, and deliver the account there- 
of to the city clerk, to be laid before the city council ; to 
make plans and estimates or any work ordered in relation 
to the streets and alleys, bridges, culverts, or sewers, except 
as aforesaid ; to keep full and accurate accounts,|in appro- 
priate books, of all appropriations made for work pertain- 
ing to his office, and of all disbursements thereof, specify- 
ing to whom made and on what account ; and he shall ren- 
der monthly accounts thereof to the city council, and shall 
be, ex officio^ one of the commissioners of public works. 

§ 13. The city council shall have power, from time to ofofflSs^"*'^^ 
time, to require further and other duties of all officers 
whose duties are herein prescribed : Provided^ such addi- 
tional duties shall not release securities on said officer's 
bond from their liability on said bond ; and prescribe the 
powers and duties of all officers elected or appointed to any 
office under this act, or by the council, and hx their com- 
pensation ; and no change shall be made in the sal- 
ary or fees of any officer of the corporation during his term 
of service, without the concurrence of two-thirds of all the 
council elected. The city council may, also, require all offi- 
cers, severally, before they enter upon the duties of their 
respective offices, to execute a bond to the city of Quincy, 
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 



property, etc 
to successor, 



18S ■ CITIES — NEW PEIVILEGEg. 

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. 
Surrender of § 14. 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, pa- 
pers and effects of every description in his possession, be- 
longing to said city, or appertaining to his said office, he 
shall forfeit and pay to said city not less than fifty dollars, 
and, besides, shall pay all damages caused by his refusal or 
neglect so to deliver ; and such successor may obtain pos- 
session of the books, papers and effects belonging to his of- 
fice, in the manner prescribed by the laws of the state. 
Officers com- § 15. All officers elected or ajDpointed, under this act, 
miPsione by g|^^u j^^ commissioned by warrant, under the corporate 
seal, signed by the mayor, or presiding officer of the city 
council, and clerk. 

CHAPTER IV. 

POWERS AND DUTIES OP THE CITY COUNCIL.. 

Stated meetings SECTION 1 . The city council shall hold stated meetings, at 
such times and places as they, by ordinance, may direct. 
Special meetings may be called by the mayor or two alder- 
men. A majority of the city council shall constitute a quo- 
rum ; but a smaller number may adjourn from day to day. 
In the absence of the mayor, an alderman may be cliosen 
to preside. 
Rule of3 pro- § 2. The city council shall determine the rules of its 

ceedjngs. ^^^ proceedings, judge of the qualification and election of 

its own members, punish its members for disorderly con- 
duet, decide all contested elections, compel the attendance 
of absent members, and, for cause, with the concurrence of 
two-thirds of its members, expel a member. 
Reports in de- § 3. The city ccuucil shall have power to require from 
any officer of said city, at any time, a report, in detail, of 
the transactions of his office, or of any other matter they may 
deem necessary, and shall have power, with the concur- 
rence of two-thirds of all its members, to remove, for cause, 
any appointed or elective officer. 
Eeconsidera- § 4. Is^o vote of the city council shall be reconsidered 

tionoivou!. or rescinded at a special meeting, unless at such special 
meeting there be present as large a number of aldermen as 
were present when such vote was taken. 
Control of fi. § 5. The city council shall have control of the finances 

nances, etc. g^^j qj- ^y[ the property, real, personal and mixed, belonging 
to the corporation ; and shall likewise have power, within 
the jurisdiction of the city, by ordinance — 

2<irst. — 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 eight per 



tail 



CITIES — ^NEW PEIVILEGES. 189 

cent, per annum ; nor shall a greater sum or sums be in fu- 
ture borrowed, or of the same, at any time, be outstanding, 
the interest on the aggregate of which shall exceed one-half 
of the city revenue arising from the ordinary taxes within the 
city for the year immediately preceding. The appropria- 
tions of the city council, for payment of interest for im- 
provements and for city expenses during any one (iscal 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 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. 

Second. — To appropriate money and provide for the pay- Appropiiationa. 
ment of the debts and expenses of the city. 

Third. — To make regulations to prevent the introduction contagious ais- 
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. 

Fourth. — To erect and establish hospitals, dispensaries or Hospitals. 
pest houses, and to control and regulate the same. 

.Fifth. — To make regulations to secure the general health Genmi health. 
and comfort of the inhabitants ; to prevent, abate and re- 
move nuisances and punish the authors thereof, by penal- 
ties, fine and imprisonment ; to define and declare, by res- 
olution or ordinance, what shall- -be deemed nuisances, and 
to authorize and direct the summary abatement thereof. 

Sixth. — To provide the city with water ; to make, regulate wciis, hydrants 
and establish public wells, pumps and cisterns, by hydrants ^^ ciatems. 
and reservoirs in the streets within the city, or beyond the 
limits thereof, for the extinguishment of fires and conveni- 
ence of the inhabitants ; and to prevent the unnecessary 
waste of water. 

Seventh. — To have the exclusive control and power over control over 
the streets, alleys ahd highways of the city, and to abate or etc!^'^*'' ^"^^^' 
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 incumbering 
thereof in any manner, and protect the same from encroach- 
ment or injury. 

Eighth.— "io lay out, open, establish, enlarge, extend, al- of Slets?'^'"'* 
ter, change, abolish, improve, regulate and keep in repair 
public landings, whenever they may deem proper, within 
the limits of said city. 

N^inth.—Ho establish, erect, construct, regulate and keep Bridges and 

. , . , 1 ' V -1 11 1 60wer6, etc, 

in repair bridges, culverts and sewers, sidewalks and cross- 
Wciys, and regulate the construction and use of the same, and 
to abate any obstructions or encroachments thereon ; to es- 
tablish, alter, change and straighten the channels of water 



190 CITIES — NEW PBIVILEQES. 

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 persons or corporations. 

Lii'btmg EUecta Tenth. — To provide for lighting the streets and erecting 
lamp posts and lamps therein, and to regulate the lighting 
thereof, and, from time to time, create or extend lamp dis- 
tricts ; to exclusively regulate, direct and control the laying 
and repairing of gas pipes and gas fixtures in the streets, 
all<^s and sidewalks. 
Markets and EUventh. — To establish and regulate markets and mar- 

market boasee. ^^^ houses and Other public buildings, and provide for their 
erection<ind determine their location, and to authorize their 
erection in the streets and avenues of the city, and contin- 
uation of such as are already erected within the same. 

PubUc grounds. Twelfth. — To lay out, establish, open, inclose, improve 
and keep in repair public squares, or grounds and cemeteries 
belonging to the city, and to direct and regulate the plant- 
ing and pruning of ornamental and shade trees in the 
public grounds. 
Incumbering Thirteenth. — To prevent the incumbering of streets, al- 

streets. Jeys, sidewalks or public grounds with carriages, wagons, 

carts, sleighs, wheelbarrows, boxes, lumber, timber, fire- 
wood, posts, awnings, signs or any other substance or mate- 
rials 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 owned or occupied by them. 
Levy and col- TouHeenth. — To have exclusive power to levy and col- 
lect wbarfage. j^^j^ wharfage from any and all boats, rafts or crafts of any 
kind, landing at any point within the limits of said city. 
Merchants and Fifteenth. — To licensc, tax and regulate merchants and 

retailers. retailers, commission merchants, inn-keepers, brokers, mon- 

ey brokers, insurance brokers, street brokers and auction- 
eers, or others exercising any calling in said city, and ^to 
impose duties upon the sales of goods or property at auc- 
tion ; to license, tax, regulate, suppress and prohibit hawk- 
ers, peddlers, pawnbrokers, grocery keepers and keepers of 
ordinaries, theatrical or other exhibitions, shows or amuse- 
ments, and to revoke such license at pleasure. 
Hackmen and Sixteenth. — To license, tax, regulate and suppress hack- 

draymen. mcn, draymen, omnibus drivers, carters, cabmen, 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, or 
for other things or persons. 
BiUiard tables Seventeenth. — To license, tax, regulate, prohibit and sup- 

bfyl**^" ^^^ °^' pj'ess billiard tables, pin alleys and ball alleys ; to tax, re- 
strain, prohibit and suppress tippling houses, dramshops, 
disorderly houses, bawdy houses, gaming and gambling 
houses, lotteries and all fraudulent devices and practices 



CITIES — ^NEW PEIVILEGES. 191 

and games of chance ; and to authorize the destruction of 
all instruments and devices used for the purpose of gaming, 
Eiqhteenth. — To authorize the proper oihcer of the city ^ Licenses and 

■', , . 1. li^j-.ii V • taxes by council 

to grant and issue licenses, and to direct the manner or is- 
suing and registering thereof, and the fees and charges to 
be paid therefor. S"o license shall be granted for more 
than one year, and the city council shall have power to lix 
the amount of license ; 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 oth- 
ers, shall be issued for less than fifty dollars. 

Nineteenth. — To regulate, license and restrain the keep- Ferries, 
ing of ferries. 

Tvmitieth. — To improve and preserve the navigation of improve river, 
the Mississippi river within the limits of the city. 

Twenty-first. — To restrain, regulate and prohibit the sell- License eoie of 
ing of any intoxicating or malt liquors by any person with- "^^°'^^- 
in the city, except by persons duly licensed ; to forbid and 
punish the selling or giving away of any intoxicating or malt 
liquors to any minor, apprentice or servant, without the con- 
sent of the parent, guardian, master or mistress. 

Twenty-second. — To prevent, restrain and punish fore- Fcrestaiiin?. 
stalling and regrating ; to regulate the inspection and sale 
of fresh meats, poultry and vegetables, of butter, lard and 
other provisions in the city ; and the place and manner of 
selling fish and inspecting the same. 

Twenty-third. — To regulate, license and prohibit butchers, Butchers. 
and to revoke their license for malconduct in the course of 
trade. 

Twenty-fourth. — To establish standard weights and meas- .standard 

^ ^ . .^ • ^ ^ i 2. r. 3 • weights and 

ures, and regulate the weights and measures to be used m meftsures. 
the city ; to require all traders or dealers in merchandise, 
or property of any description which is sold by weight or 
measure, to cause their weights or measures 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 conform- 
able to those established by law or ordinance. 

Twenty-fifth. — To provide for the inspection and meas- inspection of 
urement of lumber and other building materials, and for the ^^^°^^'®^* 
measurement of all kinds of mechanical work. 

Twenty-sixth. — To provide for the inspection and weigh- i^a^^Xi^et'ono 
ing of hay, grain, lime, stonecoal, and the place and man- coai. ^^'' 
ner of selling the same ; to regulate the measurement of 
firewood, charcoal and other fuel, to be sold or used in the 
city, and the place and manner of selling the same. 

Twenty-seventh, — To regulate the inspection of kerosene Kerosene. 
or coal oil, beef, pork, flour, meal and other provisions, 
salt, whisky and other liquors, to be sold in barrels, hogs- 
heads and other vessels and packages ; to appoint weighers, 
guagers and inspectors, and prescribe their duties and reg- 
ulate their fees: Provided^ that nothing herein shall be 
so construed as to require the inspection of any articles, 



192 CITIES — NEW PRIVILEGES. 

enumerated herein, which are to be shipped beyond the 
limits of the state, except at the request of the owner 
thereof, or his agent. 

Price of bfead. Twenty -eighth, — To regulate the weight, quality and 
price of bread, to be sold or used within the city. 

size of bricks. Twenty-ninth. — To regulate the size and quality of bricks, 
to be sold or used within the city, and the inspection 
thereof. 
Cutting and Thirtieth. — To regulate the cutting and sale of ice, and to 

sale of ice. i-estrain the sale of such ice as is impure. 
Parapet walls Thirty-Jwst. — To regulate and order parapet walls and 

and fences. partition fences. 
Needful buUd- Thivtysecond. — To provide for the erection of all needful 

^ss. buildings for the use of the city. 

Combustibles. Thirty-third — To regulate the storage arid conveying of 

gunpowder, tar, pitch, rosin, coal oil, and other combustible 

and dangerous materials, and the use of candles and lights 

in barns, stables and outhouses. 

Enumeration Thirty -fouvth. — To Dro Vide for taking enumeration of the 

of inhabitants, inhabitants of the city.' 

Regulate poiice. Thirty-fifth. — To Create, establish and regulate the po- 
lice of the city ; to appoint watchmen and policemen, and 
prescribe their duties and powers. 
Punishment of Thirty -sixth. — To impose tines, forfeitures and penalties 
for the breach of any ordinance, and provide for the recov- 
ery and appropriation of such fines and forfeitures, and the 
enforcement of such penalties. 

Fees of jurors. Thirty-seve7ith. — To regulate the fees of jurors, witnesses 
and others, for services rendered under this act or any or- 
dinance. 
Election of Thirty-eighth. — To regulate the election of city officers, 

city officers. and provide for removing from office any person holding 

an office created by ordinance, or under this act. 

Riots, afi&ays, Thirty-ninth, — To prevent and suppress any riot, rout, 

noises, etc. aifray, noise, disturbance or disorderly assembly, in any 
public or private place v;ithin the city. 

FastdriYins. Fortieth. — To prohibit, prevent and suppress horse ra- 
cing, 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, and to compel persons to fasten their 
horses or other animals, attached to vehicles or otherwise, 
while standing or remaining in the streets of the city. 
Running at Forty-first. — To regulate, restrain or prohibit the run- 

anicattie!^'^'^^^^ ^^°g ^^ ^^^g^ of horses, mules, cattle, swine, sheep, goats 
and geese, and to authorize the distraining, impounding 
and sale of the same for the cost of the proceedings and the 
penalties incurred, 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 con- 



CITIES— NEW PKIVILEGES. 193 

trary to ordinance, and to impose penalties on the owners 
or keepers thereof, and to impose and collect taxes upon 
dogs, to be collected from the owners or keepers thereof. 

Forty-second. — To restrain and punish vagrants, mendi- vagrants, etc. 
cants, street beggars and prostitutes. 

Forty -third. — To prevent and regulate the rolling of Ro^Ung hoops, 
hoops, playing of ball, flying of kites, firing of guns, rock- 
ets, fire crackers or other explosive materials, or any other 
amusements or practices tending to annoy persons passing 
on the streets or sidewalks, or to frighten horses or teams ; 
to prevent and regulate the ringing of bells, blowing of 
horns and bugles, crying of goods, and all other noises, per- 
formances and practices tending to the collection of persons 
on the street or sidewalk, by auctioneers or others, for the 
purpose of business, amusement or otherwise. 

Forty-fourth. — To abate all nuisances which may injure Nuisances. 
or affect the public health, comfort or safety, in any man- 
ner tbey may deem expedient. 

For'ty-jifih. — To do all acts and make all regulations General health, 
which may be necessary or expedient, for the promotion of 
health or the 6up]>ression of disease. 

Forty-sixth. — To compel the owner or occupant of any cleanliness of 
grocery, cellar, tallow-chandler shop, soap factory, tannery, '^'^^*^" 
stable, 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. 

Forty-seventh. — To direct the location and regulate the Breweries, etc. 
management and construction of breweries, tanneries, black- 
smith shops, foundries, 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 houses, establishments for strining 
or rendering lard, tallow, offal and snch other substances 
as may be rendered, and all other establishments or places 
where any nauseous, offensive or unwholesome business may 
be carried on. 

Forty-eight. — To regulate the burial of the dead, and reg- cemeteries, 
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 prem- 
ises ; to establish and regulate one or more cemeteries. 

Forty-ninth. — To establish and regulate public pounds. Pounds. 

Fiftieth. — To fill up any place whereon standing water General powers 
may be found, which may have been declared a nuisance sancc^^^ °'^*° 
by the said council ; to fill up, drain, cleanse, alter, relay, 
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- 

Vol. 11-25 



19^ 0ITIE3 NEW PEIVILEGES. 

lected in the same manner as side walks assessments or oth- 
erwise. 
Destitute cwi- Fifty-first. — To authorize the taking np and to provide 
for the safe keeping and education, for such periods of time 
as may be deemed expedient, of all children, who are des- 
_ titute of proper parental or guardian care, wandering about 
the streets committing mischief, and growing up in mendi- 
cancy, ignorance, idleness and vice. 
Bridewell and Fifty-second. — To erect and establish a bridewell or house 
ho^ueeofcoriec- of correction, make all necessary regulations therefor, and 
appoint all necessary keepers or assistants. In the said 
bridewell or house of correction, where not otherwise pro- 
vided, may be confined all vagrants, stragglers, idle or dis- 
orderly persons or violators of any ordinance, who may be 
committed thereto by any conservator of the peace, and 
shall remain therein until the fine or penalty imposed upon 
them shall be served out, at the rate of one dollar per day : 
Provided^ that no person shall be sentenced to said bride- 
well or house of correction for a longer time than six 
months, for any one ofiense; and all persons sentenced by 
any criminal court or magistrate in and for the city, for any 
assault and battery, petit larceny, or other misdemeanor 
punisliable by imprisonment in any county jail, may be 
kept therein, subject to labor or solitary confinoment: Pro- 
vided.^ that all persons so committed may be confined in 
the common jail of Adams county or the calaboose of the 
city until such time as said city shall erect or establish a 
bridewell or house of correction. 
Ke|uiate the Fifiy-third. — To regulate and prohibit the use of loco- 
motive engines within the city and regulate their speed, 
and to require the cars to be used thereon to be drawn or 
propelled by other [power] than that of steam; to direct 
and control the location and construction of railroad tracks, 
bridges, turnouts and switches, in the streets and alleys, 
and "the location of depot grounds in the city, and to pro- 
hibit railroad companies from doing storage and warehouse 
business or collecting pay for storage ; to require railroad 
companies to keep in repair the streets throngh which their 
track may run, and to construct and keep in repair suitable 
crossings at the intersections of streets, and alleys, and 
ditches, sewers and culverts, as the city council may deem 
necessary ; to regulate the running of horse railway cars 
and the laying down of rrack for the same, the transporta- 
tion of passengers thereon, and the kind of rail to be used. 
Further pow- § 6. The city council shall have such other powers, for 
the establishment, maintenance and regulation of pubHc 
order, health and general police of the city, and for the 
execution of the powers by this act conferred, as appertain 
or shall appertain to any other city of this state, though not 
herein mentioned or enumerated ; and ehall have power to 
license, tax and regulate the, exercise, within the city, of 



el of rail- 



erg of council. 



OITIBS — NEW PEIVILEGES. 195 

any powers or business of any foreign corporation or com- 
pany, and establish rules for the exercise of the same, and 
to enforce this provision by ordinance and penalties. 

CHAPTER V. 



Section 1. The city council shall have power to annu- Levytaxeafor 
ally levy and collect taxes on the assessed value of all real f^^^ ^^^^°' 
property in the city, and on all other property of residents 
thereof made taxable by the laws of the state of Illinois, 
as follows : 

Mrst. — For general and contingent expenses, not herein General fund. 
otherwise provided for, not exceeding ten mills on the dol- 
lar. 

/Second. — For ordinary school purposes, not to exceed sciiooitases. 
two and one-half mills on the dollar. 

Third. — For lighting the streets, not exceeding two mills Lighting steets 
on the dollar — to be on the real and personal property 
within the lamp districts. 

Fourth. — For the purchase and improvement of school school houses 
grounds, the erection of school houses and other public*"^ ^°™ 
buildings, the purchase of grounds, the making of such • 
improvements as may be required, and to provide for the 
interest accruing upon the public improvement bonds, in 
case the revenue from said improvjemeuts are insufficient to 
pay the same, such amount as may be required, not to ex- 
ceed in one year five mills on the dollar: Provided.^ that no 
tax shall be levied under this clause unless two-thirds of 
all the aldermen shall vote in favor of the same. 

Fifth. — To provide for the payment of the interest on interest on debt 
such loans as the city may make. 

8ixth. — To provide a sinking fund for the liquidation of sinking fund, 
the general or special indebtedness of said city. 

§ 2. The city clerk shall keep separate accounts of the Donations to 
moneys received as above provided for ; and all rates col- fi^e department. 
lected for fire premiums shall be donated to the benefit of 
the tire department of the city. All rates collected on ma- -vvTurves and 
rine insurance shall be ap])lied to the improvement of the dock*, 
wharf and harbor; and the life insurance rates, to such sanitary regu- 
sanitary measures as may be deemed necessary for the pro-^*'^°°^' 
motion of the public health. 

§ 3. The city council shall have power to annually levy strwt labor, 
and collect, from every male resident of the city (not spec- 
ially exempted), over the age of twenty-one and under the 
age of sixty years, a tax of one dollar and fifty cents : 
Provided., that every person liable therefore may, at his 
option, work under the direction of the street supervisor, 
on the streets or alleys, one day, in lieu thereof. In default 
of payment thereof within five days after notice having 



196 CITIES — NEW PEIVILEGE8. 

been served upon him, the sum of three dollars may be 
collected, and no offset shall be allowed in any suit brought 
to collect the same; and said tax shall be extended on the 
collector's books and collected like other taxes, and no pro- 
l)erty shall be exempt from seizure and sale to pay the 
same. 
Assessment roll, g 4^ The city council shall have power, by ordinance, 
to prescribe the form of assessment rolls and revise, alter 
and add to the same, as they may deem proper. They may 
also prescribe the duties and define the powers of the as- 
sessors and collector : JProvided, that they shall have the 
same powers as assessors and collectors, under the general 
law of the state, for the assessment and collection of state 
and county taxes, not inconsistent with this act or the ordi- 
nances of the city. 
Deiinqnenttax- § 5. In case the collector does uot collcct the tax upon 
payeis. ^^. against any premises, he shall, so soon as practicable, or 

Eetuinof. when ordered by the city council, make return of a delin- 
quent list of the same to the city clerk, which shall describe 
the premises as to which the tax is unpaid and the amount 
thereof, and give the owner's name when known, and the 
total amount of delinquent taxes of such list. The city 
clerk shall file the same, and upon order of the city coun- 
cil, so soon as practicable, make and deliver to the collector 
a copy thereof, certified to be such copy under his hand 
and the corporate seal of the city, which shall constitute 
sufiicient process and warrant authorizing the collector to 
enforce collection of such tax, by sale of the premises. 
The assessment rolls shall be returned by the assessor on 
such day as the city council may, by ordinance, provide ; 
but the time may be extended by resolution of the city 
council. On the return of said roll the city council shall 
appoint a committee of three to hear and report on all ob- 
jections to said assessment. Notice of the appointment of 
such committee shall bo given by the clerk, at once, by 
publication in two daily papers, stating when and where 
the committee will meet. This committee shall meet at 
least twice each week, for two successive weeks, and at 
the end of that time report to the city council such altera- 
tions and corrections in the assessment roll as they deem 
proper. The city council having acted on the report of the 
committee, shall then make an order confirming the assess- 
ment roll and directing a warrant to be issued for the col- 
lection thereof. 
cityderk °^ "^"^ ^ ^' ^^^^ ^^^^ clerk shall issue a warrant or warrants to 
the collector for the collection of all taxes, and lule therein 
separate columns, in which the taxes shall be respectively 
set down opposite the name of the person or real estate sub- 
ject thereto. Each column shall be headed with the name 
of the tax therein set down. The warrant shall be deliv- 
ered to the collector within thirty days after the confirma- 



OltlES — NEW PEIVILEGEB. 197 

tion of the rolls, unless further time shall be allowed by the 
city council. And the said collector shall have power to 
distrain and sell personal property for the satisfaction of 
any tax, as may be provided by ordinance. 

I 7. All sales shall be conducted in the manner pre- Manner of con- 
scribed by law ; but the city council shall have power to ^'^^^"'=^^'®- 
prescribe the manner of conducting the same. Notice shall 
be given by advertisement, not less than ten consecutive 
days, in a daily newspaper published in said city ; said no- 
tice shall describe the real estate to be sold, the name of the 
owner, when known, the amount of taxes and costs, and 
the time and place of sale of all lands on which- taxes are 
due and unpaid. The sale shall be made for the smallest 
portion of ground, to be taken oif the east side of the lots, 
if the lots have a northerly or southerly front, and off the 
north side of the lots if the lots have an easterly or wester- 
ly front. The city clerk shall keep a record of such sales 
for public inspection. 

§ 8. The same rights of redemption from all sales for j^^^jj^ ^^ j.g_ 
taxes, whether general or special, made under this act, shall demption. 
exist to the same extent as under the general laws of the 
state now in force or that may hereafter be passed. The 
redemption money shall be paid to the clerk and by him be 
accounted for as may be provided by ordinance. 

§ 9. No purchaser of real estate at a sale for taxes under Deeds, how 
this act shall be entitled to a deed until he shall have filed Procured. 
with the city clerk the same evidences as are required to 
procure a tax title deed from sheriffs for sales made for 
state taxes. Upon the tihng of said evidences with the city 
clerk, he shall execute to said purchaser, or his assigns, a 
deed conveying the premises so sold and unredeemed, the 
period of redemption having expired. 

§ 10. Should no bid be made at any sale of property When no bid, 
under this act, the same shall be struck off to the city, and K4ck off to 
thereupon the city shall receive, in its corporate name, a^^^^iiy. 
certificate of the sale thereof, and shall be vested with the 
same rights as other purchasers at such sales. 

§ 11. All deeds made to purchasers of lots, or lands Tax deeds shaii 
sold for taxes or assessm.ents by order of the council, shall e^d^ncT ^^'^'^ 
be prima foxie evidence, in all controversies and suits in 
relation to the right of the purchaser, his or her heirs or 
assigns, to the premises thereby conveyed, of the following 
facts : 

First — That the land or lot conveyed was subject to tax- Advertisement. 
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 Taxes not paid. 
any time before sale. 

Third — That the land conveyed had not been redeemed NoE-redmption 
from the sale at the date of the deed. 



198 oiTiaa— NBw ?EmLE&H». 

And shall be conclusive evidence of the following facta : 
wsi advertised. First — That the land or lot was advertised for sale in 

the manner and for the length of time required by law. 
Sale of land. Secoud^—UhdX the land was sold for taxes or assessments, 

as stated in the deed. 
Deed. Third!— T]idX the grantee in the deed was the purchaser 

or assignee. 
Sales, manner Fourth — That the Sale was conducted in the manner re- 

or conducting. ^^.^^^ ^^ j^^^ 

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 sub- 
ject to taxation at the date of sale, that the taxes or as- 
sessments had been paid, that the land had never been 
listed and assessed for taxation and assessment, or that the 
same had been redeemed according^ to the provisions of 
this chapter, and that such redemption was made for the 
use and benefit of the persons having th»|right of redemp- 

Titietoiand. tion uiider the laws of this state; but no person shall be 
permitted to question the title acquired by the said deed, 
without lifst 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, jand 
that all taxes due upon the lauds have been paid by such 
persona or the person under whom he claims title, as afore- 
said. In all actions where a party claims premises under 
any tax sale for any city tax, the court shall bear no objec- 
tions thereto until the adverse party shall bring into court, 
for the benefit of the party so claiming, a sum of money 
equal to double the amount of the said taxes and costs 
thereon, with annual interest thereon after the sale, and to 
all taxes paid thereon by the party so claiming after the 
sale, with like interest thereon, unless he shall prove to the 
court that the premises were not subject to taxation, or that 
the tax was paid, or that the sale was redeemed from. 
ProTide for de- § 12. The city couucil may, if deemed advisable, by 

uxm'"' "^'^ ^^ ordinance, provide for the return of the delinquent list of 
taxes on real estate by the collector to the county court of 
Adams county, for proceedings to judgment thereon, as in 
case of state and county taxes under the revenue laws of 
tliis state ; and in such case the collector shall make return 
of such delinquent list to said court, and thereupon such 
proceedings shall be had thoreon as, in case of state and 
county taxes, is or iuay bo provided by law. The city col- 
lecto/shall perform the duties in relation thereto appertain- 
ing: to collectors of state and county revenue from the 
making of such return to the vesting of title in purchasers 
at sales. The court, due notice thereof being given, may, 



CITIES — NEW PEIVILEGES. 199 

Rt any term, render judgment, order process for sale and 
may, from time to time, render further judgment, upon any 
such due notice given, until judgment shall be rendered 
against all real estate -so delinquent, and may make any 
order for such purpose occasion may require. The county 
clerk shall make and issue process for sales, as in case of 
state and county taxes, which shall be delivered to the city 
collector, who shall execute the same by the aid of the city 
clerk, and make return to said city clerk, who shall keep 
due record thereof, recei7e all redemptions and issue all 
certificates of purchase. 

CHAPTER VI. 

THE riR2 DEPARTSIEXT. 

Section 1. The mayor, two aldermen, to be chosen by General powers 
the city council at their first regular meeting in May of each 
year, the chief engineer and the two assistant engineers of 
the fire department, and their successors, are hereby con- 
stituted a body politic and corporate, under the name and 
style of " The Board of Fire Engineers of the City of 
Quincy ;" and by that name may contract and be contract- 
ed with, sue and be sued, plead and be impleaded, in any 
court in this state ; have a common seal, and alter the same 
at pleasure; and acquire, hold, transfer property, real 
and personal, in the same way that natural persons by law 
may do; may borrow money an'd mortgage real estate ; and 
all property which may in any manner become vested in 
said board shall be held and disposed of by said board only 
for the maintenance and support of the Quincy fire depart- 
ment. 

§ 2. On the second Tuesday in April, annually, an ^jsiection^time 
election shall be held at such engine house in the city of*'^ pacao. 
Quincy as the board may designate, for a chief engineer and 
two assistant engineers of the fire department ; which said 
election shall be held subject to such regulations as the 
board of engineers may adopt, not inconsistent with the 
provision of this act. The manner of conducting elections, 
the keeping of the poll list, the canyaseing of the votes and 
certifying the returns shall be the same, as nearly as may 
be, as is now or may hereafter be provided at general state 
elections : Provided^ that no person shall be entitled to 
vote at any election held under tt^e provisions of this act 
who shall not have been a member of some volunteer com- 
pany of the fire department at least sixty days previous to 
such election. The officers thus elected shall hold their 
office for one year, and until their successors are elected 
and qualified. 

§ 3. The board of engineers shall have power to adopt Br-iawii. rai«s 
such by-laws, for their own government, an^ such rules and S? fl"^°aepart- 
regulations for the government of the fire department as ™"**" 



200 CITIES — NEW PBIVILEQES. 

they may deem necessary, and alter and amend the same 
at pleasure ; and shall also establish the amount of salary 
to be paid to the chief engineer, the assistant engineers and 
the clerk of the board. 

Duty of mayor. § 4. The mayor shall be chairman of the board, and 
shall, with the chief engineer and one other, constitute the 
finance committee, by whom all claims shall be audited, 
and, if allowed, warrants therefor may be drawn on the 
funds of the board in favor of the person entitled to the 
same. Said warrants being signed by the chairman and 
clerk. 
Montuy meet- § 5. The board of lire engineers shall hold regular 

^°^' monthly meetings, at such place within the corporate limits 

of said city as they, by vote or by law, may determine ; 
and at their first regular meeting they shall elect, from 
among their own number, a secretary, whose duty it shall 
be to keep a correct record of the proceedings and all the 
accounts of the board — which record shall be open to the 

Qaorura. inspection of all persons interested. Four members shall 

constitute a quorum -to do business, but a smaller number 
may adjourn from day to day, and shall have power to com- 
pel the presence of the absentees. 

Propertyvested § 6. All and singular the powers and duties, and rights 

engineeJ."^ ^^ of property in the grounds, buildings and apparatus occu- 
1)16*^ ^°<^ ^^sed by the fire department, are vested in the said 
iDoard of fire engineers, who are declared to be the legal 
successors of the city council in relation to the powers, du- 
ties and rights of property aforesaid, subject to provisions 
herein. And all property belonging to the board of engi- 
neers shall be exempt from taxation for city, county or 
state purposes. 
Powers of th« § 7. The board of fire engineers of the city of Quincy 

compai^ir ^° are hereby vested with the exclusive management, charge 
and control of all fire companies, engine companies, hose 
and hook and ladder companies, hose and other apparatus 
used in the extinguishment of fires ; and are hereby author- 
ized and required to establish and maintain an efficient fire 
department and to defray tne expenses thereof, and for this 
purpose they may have power to procure fire engines, hose, 
hose carriages, and such other apparatus used for the ex- 
tinguishment of fires as may be necessary, and have charge 
and control of the same ; and shall provide fit and secure 
engine houses for keeping and preserving said fire appara- 
tus, and shall keep said engine houses in thorough repair ; 
and shall also have power to organize fire, hook, hose, bag, 
ladder and ax companies, to prescribe the duties of fire- 
men and to make all necessary rules and regulations for 
tlieir government. 

^^^ppr«priation § 8. The city couucil of the city of Quincy shall, at its 
first regular meeting in May of each year, appropriate a 
sum not less than six thousand dollars, which sum shall be 



CITIES — NEW PRIVILEGES. 201 

held by the city treasurer subject to the order of the board 
of engineers, and shall only be applied to the maintenance 
of the fire department, and the payment of the salaries of 
the officials thereof. At the last monthly meeting of the 
board of engineers in each fiscal year there shall be ascer- 
tained the amount of money appropriated for the current 
year unexpended, or deficiency, if there be any, and an esti- 
mate made of the requirements of the board for the ensuing 
year, which shall be reported to the city council on or be- 
fore their first meeting in May following. 

S 9, The members of the fire department shall, during . Exempt from 

-1 • i. r -v. i. £■ ' • • '^ jury duty. 

their term of service, be exempt from serving on juries 
and in the militia, and from paying or working out any road 
or poll tax ; and every fireman who shall have faithfully 
served as such in the city of Quincy for seven years, shall 
be forever thereafter exempt from [serving] on juries or in 
the militia, except in case of insurrection and invasion. 
Honorary members of any of the fire companies of Quincy, 
who contribute annually a sum of not less than" three dol- 
lars to the support of the fire department, shall also be ex- 
empt from paying road tax or serving on juries, during the 
period of their membership, as above ; and all above ex- 
emptions shall be evidenced by the certificate of the secre- 
tary of the board : Frovided, that the fireman who has served 
as such for seven years, shall receive a diploma, under the 
corporate seal, and signed by the president and secretary, 
and countersigned by the chief engineer. 

§ 10. The city council shall have power to prescribe the . wooden busie- 
limitB within which wooden buildings shall not be erected "'°^' 
or placed or repaired, without the special permission of the 
city, and to direct that any or all of the buildings therein 
erected shall be constructed of fire-proof material. They 
shall have power to regulate the construction of chimneys, 
fire places, hearths, stoves, stove pipes, ovens, boilers and 
apparatus used in about any building or manufactory, and 
to cause the same to be removed or made safe, when con- 
sidered dangerous. To prevent the deposit of ashes in un- 
safe places; to regulate and prevent the carrying on of 
manufactories dangerous in causing and promoting tire; to 
regulate and prevent the use of fire works and fire arms; to ^'F^°j'j?^|°t 
vest, by ordinance, all such authority in the board of fire of flils j" 
engineers as may be requisite for the prevention and extin- 
guishment of fires, and the most efiective working of said 
department. 

§ 11. All ordinances of the city of Quincy, existing at coSefn^rce 
the date of the passage of this act, and not inconsistent with untu repealed- 
its provisions, are hereby declared to remain in force until 
repealed or modified by the city council, and the present 
existing board of fire engineers shall continue as such, 
clothed with all the powers herein granted, until their suc- 
cessors are chosen and qualified, under the authority of this 
Vol. 11-26 



:S02 CITIES — NE"W PErVlLEGES. 

act: Provided^ that whenever the city shall deem it expe- 
dient to organize a paid fire department, all of the pro- 
visions in this act conflicting with the system of said paid 
fire department maybe repealed by ordinance, specially spec- 
ifying what is repealed ; and the city council may pass such 
other ordinances for the organization of said paid fire de- 
partment, not inconsistent with the spirit and privileges of 
this charter, as they may deem needful, which ordinances 
shall have all the validity and legality of the original char- 
ter provisions. 

CHAPTER VII. 

PUBLIC SCHOOLS. 

Powers Of the SECTION 1. The Superintendent of public schools and 

Bchooi board. ^^ present members of the board of education of the city 
of Quincy, as said board now exists, under an act of the 
legislature entitled " An act to establish a board of educa- 
tion in the city of Quincy," approved February 20, 1861, 
and an act supplemental thereto, approved February 22, 
1861, and their successors, are hereby declared and consti- 
tuted a body politic and corporate, under the name and style 

Name and style, of "The Board of Education of the city of Quincy," and by 
that name may contract and be contracted with, sue and be 
sued, plead and be impleaded, in any court of this state; 
have a common seal, and alter the same at pleasure, and 
acquire and hold and transfer property, real and personal, 
and Gnoses in action in the same manner that natural per- 
sons, by law, may do; and all property, which may in any 
manner become vested in said board, shall be held and dis- 
posed of by said board only for the maintenance and sup- 
port of public schools in said city: Ftovided^ that no 
property shall be sold by said board without the consent of 
a majority of the city council. 

Superintendent. § 2. The City council shali at its first regular meeting 
in August, in each year, appoint, by and with the consent 
of a majority of all the aldermen elected, a school superin- 
tendent, who shall hold his otfice for one year, and also 
three members of said board of education, who shall hold 
their appoititment for two years, and until their successors 
are appointed and qualified : Provided^ that the present 
members of said board of education shall hold their posi- 
tions tor the time they were appointed under the act here- 
tofore referred to: And^ 'provided^ further^ that each ward 
in the city of Quincy shall be entitled to one member in said 
board. 
Removal from § 3. The city council of the city of Quincy shall have 

°^^®" power to remove from oflice, by and with the consent of all 

the aldermen elected, any niember of said board of educa- 
tion, and to fill all vacancies in said board, arising from any 



CITIES — NEW PEIYILEGE8. 203 

cause, as provided in section two of this chapter for their 
appointment. 

§ 4. The said board of education shall organize annually organization of 
by the appointment of one of their members president, and ^°"'^- 
one clerk. The board shall have power to adopt such reg- 
ulations for their own government as may be necessary, and 
define the duties of their officers. They shall hold regular 
meetings, at such times and places as they may determine, 
and may hold special meetings in such manner as they may 
provide by standing rules. A majority of all the members 
shall constitute a quorum, but a smaller number may ad- 
journ from day to day. Should there be more than six 
wards created under the city charter, or other law, each 
ward shall have one member in said board. 

§ 5. The superintendent of public schools shall be, ex Sapemitendenn 
officio^ treasurer of said board, and keep and disburse the larer.*^^° "^^'" 
funds, and receive such commission thereon as is paid to 
the city treasurer. No funds shall be paid into his hands 
until he has given bond, with security, to be approved by 
the city council, in such sum as the city council may direct, 
payable to the board of education, conditioned for the faith- 
ful discbarge of his duties as superintendent of public 
schools and as treasurer of the board of education. He 
shall keep accurate accounts of all moneys received and ex- 
pended by him as treasurer, and shall report the same to 
said board of education, at least once in six months, and as 
often as required by the board; and his accounts shall be 
open at all times to the inspection of any member of the 
board or of the city council. 

§ 6. All claims payable out of the treasury of the board ^^warxants^for 
shall be audited by the board, and, if allowed, a warrant for money!™^'^ 
the amount in favor of the person entitled thereto, signed 
by the president and clerk, shall be drawn on the treasurer; 
and no money shall be paid out of the treasury except upon 
warrants, as herein provided. 

§ 7. The board of education are hereby vested with the esd°ifSi° col- 
management, charge and control of all public schools, pub- troi of schools, 
lie school property and public school funds in said city, and 
are hereby authorized and required to establish and main- 
tain an efficient system of public schools in said city, and 
to defray the expenses thereof; and for the purposes afore- 
said, shall have power — 

First.— To establish, change and discontinue schools and Je'^s!^'^^" ^''" 
school districts in said city. 

Second. — To erect school houses, purchase sites for the Houses, 
same, and to supply the public schools with all necessary 
libraries, furniture and apparatus. 

Third.— To prescribe text books and studies to be pur- studies. 
sued in said public schools. 

Fourth.— To employ school teachers and discharge the Teachers. 
same at pleasure, and to iix their compensation. 



204 CITIES — NEW PRIVILEGES. 

Rep^s. Fifth. — To make necessary improvements and repairs in 

and about the public school property. 

To make rules Sixth. — To make proper rules and regulations concerning 

foi^Bch§ois.'^°'^^ the management and government of said public schools; 
and also to make reasonable by-laws concerning the con- 
duct of the business of said board. 

Tocarryoiitan Seventh. — To do all other acts and things not inconsistent 

sSoorsystem"^ with the laws of this state or the ordinances of said city, 
which may be necessary for the establishment and mainte- 
nance of an efficient public school system in said city. 
All moneys to § 8. All moucys Collected by taxation in said city, un- 

fo tfeSe^"^ der the provisions of section 1, of chapter 5, for school pur- 
poses, in charter of said city, shall be paid by the collector 
of the revenue of said city directly to the treasurer of the 
board of eduoation, and no person shall, at the same time, 
be treasurer of said city and of said board. 
Compensation § 9. The compensation of the several members of the 

of board, board of education shall be fixed by ordinance of the city 

council, except the salary of the superintendent, which 

shall be fixed by said board, which salaries shall be paid 

out of the treasury of the board. 

11 property of § 10. All property of said board of education shall be 

irom taxauon.^ free and exempt from taxation for state, county or city pur- 
poses. 
Council may § 11. The city couucil shall have power, at any time, to 

Sode of lection '^^^^er, by ordinance, the time and mode of election and term 
of office of the members of said board. 

Vested property § 12, All and singular the powers and duties and rights 
of property now vested in the present board of education, 
by the laws creating the same, except as hereinbefore pro- 
vided, are hereby invested in the board hereby created as 
their legal successors ; and said board are hereby required 
to make annual statements, on the first Monda}"- in August, 
in each year, to the city council of the city of Quincy, show- 
ing receipts and expenditures — and oftener if required by 
ordinance ; and all moneys due the city of Quincy on di- 
vision of the state school fund, by the superintendent of 
public schools for the county of Adams, shall be paid to the 
treasurer of said board ; and it shall be the duty Of said 
board to report biennially, to the superintendent of public 
schools of Adams county, the number of children within 
said city of Quincy, as now prescribed by law. 

CHAPTER VIII. 

PUBLIC IMPKOVEMENTS. 

Commissioners Seotion 1. The city engineer, the city supervisor, and 

of public worlds. ^^^ ^jj^y^. person, to^ be appointed by the city council, shall 

constitute the commissioners of public works", to whom shall 

be referred all questions of damage to or assessment on 

any property condemned, or afiected in any way by an 



CITIES — NEW PRIVILEGES. 205 

order of the city council taking the same for public nses, 
except as hereinafter provided. 

§ 2. Said commissioners of public works shall perform puty of com- 
such duties and exercise such powers as are hereinafter pre- ^^ssiouera. 
scribed, and such as may be defined by ordinance, not in- 
consistent with the provisions of this act. 

§ 3. The city council shall have power to cause, from impi-ove streets. 
time to time, any street, alley or avenue or any sidewalk 
thereof to be graded, filled, paved, planked or macadamized, 
whenever in their judgment they may deem it expedient, 
or any lot or grounds to be filled or graded. 

§ 4. The expense of any such improvement or work Expenses of 
shall be paid by the property or owner of the property to be improvement, 
specially benefited thereby, to the extent of the special 
benefits to be derived to such property or owner therefrom ; 
and for that purpose the city council shall cause an estimate 
of the cost thereof to be made and reported, by the city en- 
gineer, to be entered of record by the city clerk. Said coun- 
cil shall then declare of record whether or not the same shall 
be made ; and if they determine that the same be made, 
shall declare of record the character and extent of the same ; 
and shall appoint three competent resident property-holders 
of the city as commissioners, or direct the commissioners 
of public works to examine and determine upon the 
property specially benefited by such improvement or work. 
The city clerk shall then make out a copy of the record of 
said report of ^the city engineer, and of the a~Ction of the 
city council thereon, together w4th a notification to said 
persons or commissioners of their appointment, under 
his hand and the corporate seal, and the same deliver 
to one of them and read to the others. Said commis- 
sioners shall thereupon, within ten days thereafter, meet 
and personally inspect the place of the proposed improve 
ment and the lots, parts of lots and ground at and about 
the same, and shall assess the value of said lots, parts of 
lots and grounds severally, and shall assess and estimate 
the special benefits, if any, to each, resulting or arising 
from sucb improvement or work, based upon such valuation, 
and all the same shall, in writing, report, describing the 
place and several lots, parts of lots and grounds aforesaid, 
with sufficient certainty for identification, to the city coun- 
cil, to be entered of record by the city clerk. Before en- oath of com- 
tering upon their duties, said commissioners or commission- ^'^^''°'''''^- 
ers of public works shall take and subscribe an oath to im- 
partially discharge tbeir duties. Upon the making of said 
report the city council shall, in a reasonable time thereafter, 
fix on a time and place when and where tliey will hear ob- 
jections to said report, and the clerk shall give notice there- 
of in some newspaper published in said city, for ten days, 
notifying all persons of the time and place and the object of 
said meeting. At said time and place the council shall 



CITIES — NEW PEIVILEGE8. 

hear any such objections, and may alter, change, amend, 
approve or annul said report ; and if annulled may appoint 
other commissioners, who shall have the same notice and 
■whose duties shall be the same as said original commission- 
ers. If said report be approved, changed or amended, the 
city clerk shall make an estimate of the just proportion of 
the special benefits so found and reported', and based upon 
the whole estimated benefits aforesaid, and not exceeding 
the whole estimated cost aforesaid, to be paid by each lot, 
part of lot or ground, or the owners thereof, and the same, 
certified under the corporate seal and delivered to the city 
collector, shall constitute a sufiicient warrant and process 
Tas;e8, a Hen for collection of the Same ; and the said special benefits shall 
be collected as city taxes may be, and shall be a lien on 
such lots, parts of lots and grounds severally. All expense 
of such improvement or work exceeding such estimated 
benefits shall be paid out of the ordinary revenue. Should 
said oost exceed said estimated cost, the same proceed- 
ings may be had to pay the excess out of said benefits until 
said benefits are fully paid. ]n case of grading or filling 
streets, no benefits shall be estimated or collected except 
upon a vote of three-fourths of the aldermen present, or up- 
on a petition of a majority of the property owners in front 
feet [?] at the place of the proposed grading or filling. 

§ 5. In case of vacancy occurring in the commissioners 
of public works, the council may fill the same by temporary 
appointment for the above or any special duty. 

§ 6. The manner of collecting said assessment, and such 
other details as may be requisite for carrying out the pow- 
ers above given, may be prescribed by further ordinance, if 
deemed necessary. 

§ 1. The city council adiall have power and authority to 
lay out, establish, improve and keep in repair public 
grounds ; to open, vacate, widen, establish grade and re- 
pair streets, avenues and alleys ; to establish, extend, im- 
prove, change and repair public landings, within the limits 
of the city ; and shall have power and authority to purchase 
any lands that may be required for the above purposes, and 
appropriate and apply the same to the purposes aforesaid. 
All lands so purchased shall be conveyed to the city by 
deed or deeds, and all of the right, title and interest of the 
vendors thereof shall vest, from the time of such convey- 
ance, in the city, absolutely ; and all other lands within the 
city required by the city, for any of the purposes above named, 
may be taken and appropriated to such required use by the 
city council, in the manner and form hereinafter specified ; 
and property so taken or acquired, if at any time not re- 
quired for such public use, may be conveyed'by the city. 
Taking private § 8. "When the city council shall determine to take any 
pubRse. '"^ lands for any of the aforesaid purposes, without purchase, 
they shall enter an order or resolution of record to that 



orrtEs — NEW PEIV1LEGE8. 207 

effect, particularly describing the land to be taken and the 
use to which it is to be applied ; which resolution shall be 
referred to the commissioners of public works. The com- 
missioners of public works shall, on receipt of a certified 
transcript of such order or resolution, under the corporate 
seal, give notice, by publication for seven successive days in 
a daily newspaper published in said city, to all persons in- 
terested, of the land or lands to be appropriated, the purpose 
for which the same is to be appropriated, and the time and 
place when and where they will meet for the purpose here- 
in required — such time being not less than fifteen nor more 
than twenty days after the passage of the order under which 
they act. 

§ 9. Said commissioner. shall inquire into and ascertain, ^]^^^f^^ ^^ 
as nearly as possible, the benefits or damage that may be ^^ ° ^" 
received by the owner or owners of all lands taken or af- 
fected by the proposed appropriation ; they shall base their 
estimate upon the cash value of the land as the same would 
be, provided no such appropriation and use had been con- 
templated; and they shall make a report, in writing, giving a 
transcript of the order under which they have acted, a copy 
of the notice of publication, a statement of their action, a 
description of the land or lands, by them condemned, in 
legal form, the names of the owner or owners thereof if 
known, and shall assess the amount of damage and benefit, 
severally, suffered or received by the owners of all proper- 
ty affected by the proposed appropriation ; which report 
they shall, as soon as made, file in the oflice of the city 
clerk. Said commissioners shall be required to personally 
inspect the lands to be taken, to hear all statements and 
evidence relating to the same, and shall have power to 
Bwear or afiirm all witnesses who may be brought before 
them to testify ; to issue summons and compel the attend- 
ance of witnesses, and shall have power to adjourn from 
day to day. The city clerk shall, upon the filing of said commissioners 

•' ^ c- .1 • • • /• • 1-1 to give nouce. 

report of the commissioners, give notice m a daily newspa- 
per of said city, for seven consecutive days, to all persons 
interested, that such report is made and on file in his office, 
and that at the first regular meeting of the city council not 
less than ten days after the first publication of said notice 
(the date and day to be given), the city council will consider 
the report of the commissioners ; at which time all persons 
interested may appear, personally or by attornej', and offer 
up such objections to or change in said report as they may 
deem proper. Said report shall be open to inspection, in 
the clerk's ofiice, to all interested, and the clerk shall deliv- 
er a copy of the same to all parties so demanding, as soon 
after demanded as practicable, at the expense of the person 
applying therefor. 

g 11. The city council shall have power to annul, con- couflrmation 
firm or remand said report for revieion ; and if returned for report!^'""" ° 



208 CITIES— NEW PRIVILEGES. 

revision, the commissioners sliall proceed anew as pre- 
scribed in section eiglit of this chapter. If, after hearing 
objections thereto, the city council do not annul or remand 
said report, they shall, by resolution, confirm the same ; and 
said order of confirmation shall be indorsed on the report 
by the city clerk. 
Appeal taken § 12. An appeal may be taken, to tho circuit court of 

o ciicui cour . ^jjg^j^g county, from any assessment of commissioners as 
above, by any person or by the lethal representatives of any 
person who may be interested in land thus appropriated, or 
who may be aggrieved by the said assessment ; but no 
such appeal shall be allowed unless the party entitled there- 
to shall, within twenty days after the date of confirmation 
of said report and assessment, give formal notice thereof to 
the city clerk, and file in the office of the circuit clerk of 
said county a good and sufiicient bond of some resident of 
said count}^, paj^-able to said city, in the penal sum of five 
hundred dollars, conditioned, in substance, that the party 
appealing shall prosecute said appeal without delay, and 
pay all costs which may be adjudged against such party 
upon dismissal or trial of such appeal. 
Appeals, how § 13. All appeals herein provided for shall be placed 

ispoeed o . ^^pgn the law docket of said court, the same as in other 
cases in law ; and the city of Quincy shall be considered as 
in court for all purposes, at the first term thereof, after the 
expiration of five days from the time of filing the appeal 
bonds. 

Report filed. § 14. When an appeal shall be taken as above provi- 

ded, the circuit clerk of said county of Adams shall, within 
twenty-four hours after the filing of the appeal bond, notify 
the clerk of the city of Quincy, and the said city clerk shall 
immediately file a complete transcript, certified to by him 
under the corporate seal, of the report of tho commission- 
ers and all proceedings of the council connected therewith. 
On faiinre to § 15. When any person or persons shall fail or neglect 

prosecute ap- ^^^ prosccute an appeal taken in said circuit court, as herein- 
before provided, the same shall be dismissed, and judgment 
rendered against the party or parties who had taken such 
appeal for the costs of said city expended in such appeal ; 
and when the city of Quincy shall tail or neglect to appear, 
by counsel, in such court, and defend, judgment shall be 
taken against tho city for all costs of such appeal. 

Trial by jury. § 16. The trial of appeal to said court shall he by jury, 
unless the parties otherwise agree. The question to be 
presented for trial shall be, as to each and every appellant in 
the case, whether such appellant is entitled to any compen- 
sation for land appropriated by the city, and if so, how 
much ;, and the court shall cause to be expressed, either in 
the verdict of the jury or the finding of the court, the several 
and especial right and claim of every appellant in the case. 



CITIES — NEW PEIVILEGES. 209 

§17. The judgment of the court shall be, upon verdict Judgment of 
of jury or finding of court, in substance that all the interest incu/.'^'*" ^^^^ 
of the appellants and all persons in the property appro- 
priated shall vest absolutely in the city of Quincy, upon the 
payment, tender or deposit, by the city, of such assessment 
or assessments as are in the verdict or findings aforemen- 
tioned. 

§ 18. The proceedings in court under the provisions of Proceedings of 
this act shall be the same as in appeals from justices of the ^^^^ "^ *^°'""'" 
peace, so far as applicable, except as varied by the provis- 
ions hereof. 

§ 19. N'o person shall be benefited or affected by the Must he a party 
verdict on any appeal, unless he, she or they were a record °^ ^^'^°^^- 
party to the same. 

§ 20. If no appeal be taken from the report of the com- couucii, make 
missioners, or if an appeal be taken and dismissed, or if the *^°°^p®°^^*^°°' 
court sustain the report of the commissioners or adjudge 
against any appellant, the city council shall proceed to make 
compensation accordingly and collections of the amounts 
assessed in such manner as maybe prescribed by ordinance. 

§ 21. Eeports of commissioners shall be conclusive evi- Report of com- 
dence that they performed all the duties required by them, missioners con- 

-r •' ^ , . , 1 , T 1 . . y . . „ ciusive evidence 

In case any compensation cannot be tendered m said city ot 
Quincy, or the same be refused, the same shall be deposited 
with the city treasurer, or in such manner as the city coun- 
cil shall direct, for the benefit of such parties as ^'hall be 
entitled to the same, of which the city clerk shall give 
notice for seven days, in some newspaper published in said 
city ; and such deposit and notice shall be equivalent to '*' 
actual payment for the purposes of investiture of title in 
said city. 

§ 22. In determining upon the compensation to be paid nSd^^of^deler- 
for the appropriation of any property to public use, under mining. 
this act, the benefits to the owner or owners by reason of 
such appropriation and public use, to accrue or arise, in the 
judgment of the persons or officers making the assessment, 
and not common to property generally in the locality of the 
property so to be appropriated, shall be considered and de- 
ducted from such estimated value of the property so to be 
appropriated. 

CHAPTER IX. 

WATER WORKS. 

Section 1. The city of Quincy is hereby authorized, water works, 

. -i 1,1 .•IT,.*', *^ . . .to coi.struct. 

through the agency of a board ot water commissioners, to 
be established as hereinafter provided — 

Mrst. — To erect and construct water works, either within ProTide water 
or without the corporate fimits of said city, for the purpose 
of supplying the inhabitants thereof with a sufficient 

Vol. 11—27 



210 CITIES — NEW PRIVILEGES. 

quantity of good and wholesome water — to be taken from 
any point in the Mississippi river or elsewhere. 

uydiante. Sccond. — To construct reservoirs, jets, public and private 

hydrants, and lay pipes in and through ail the streets, lanes, 
alleys, avenues and highways of said city, and, with the 
consent of the city council, to construct fountains in the 
public squares or parks, or other public grounds of said 
city. 
Purchaso real Third. — To purchase, hold and convey any real or per- 
sonal estate which may bo necessary and proper to carry 
out the object and intention of this charter. 
Appoiutmont Fourth. — To appoint and remove such officers, agents 

of officers. ^^^ employees as they may deem necessary ; to lill all 
vacancies which may occur among said officers, agents and 
employees, and fix their compensation. 
Rules and rcg- Fifth. — To make all needful rules and regulations, con- 

uiations. cerning the use of water supplied by the water works of 

said city, and do all acts and make such rules and regula- 
tions for the construction, completion, management and 
control of the said water works, as may be deemed expedi- 
ent for the purpose of carrying this chapter into effect. 

Pay interest on Sixth. — To Icvy and collcct a tax, not exceeding four mills 

bonds. Qj^ ^Q dollar, on the total assessed valuation of the real 

.estate in the city of Quincy, and personal property of the 
residents thereof ; which tax is to constitute a fund to pro- 
vide for the interest on the bonds hereinafter mentioned, 
and for any deficiencies in the expenses of maintaining and 
repairing or extending said water works. 
Bona?, wbore jSeveuth. — To issue bonds of the city of Quincy, bearing 

payable. interest at a rate of not more than eight per centum per an- 

num, principal and interest payable in the city of JN"ew York 
or elsewhere, and for a sum not more than six hundred and 
fifty thousand dollars, and to negotiate said bonds for cash 
as hereinafter provided—the fund established by the sale of 
said bonds to be applied to the construction of water works, 
and for expenditures connected therewith, and for no other 
purpose whatever. 

Issue additional Eighth. — To issuc, ffom timo to time, additional bonds, 

bonds. JQ \]^Q aggregate not more than two hundred thousand dol- 

lars; which bonds shall stand on the same footing and be 
subject to the same restrictions as is provided in the fore- 
going clauses, and which shall be disposed of in the same 
manner as is hereinafter prescribed concerning the bonds to 
be issued for the construction of said water works — the pro- 
ceeds arising from the sale of said additional bonds to be 
applied to the extension and enlargement of the said water 
works, as the grov/th and increase in extent of the said city 
of Quincy may require. 
Aqneductaand Ninth. — To construct such aquediicts, aloDg the shore of 

reservoire. tho Mississippi river, or in the highways or elsewhere in 
the county of Adams, and to construct such pumping works, 



CITIES — NEW PEIVILEGE6. 



211 



break-waters, subsiding basins, filter beds and reservoirs, 
and to lay such water mains, and to make all other con- 
structions in said county, as shall bo necessary in obtaining 
from the Mississippi river, or elsewhere, a sufficient and 
abundant supply of pure water for said city of Quincy. 

Tenth. — To extend aqueducts, in lead pipes or other Erect piers, 
coustracfcions, into said Mississippi river, as far as may be 
required to insure a supply of pure water, and to erect a 
pier or piers in the navigable waters of said river, for the 
making, preserving or working of said pipes or aqueducts : 
Provided, that such piers shall not interfere with the navi- 
gation of said river. 

Eleventh. — To purchase such books, charts and other siuvoys, etc. 
works as may bo found necessary or useful, and cause such 
surveys to be made within the said city, and outside of its 
limits, as may be required for the objects of this chapter, 

§ 2. Within thirty days after the passage of this act it ^^ tommS- 
shall be the duty of the mayor of said city of Quincy to ers. 
appoint, by and with the advice and consent of the ma- 
jority of all the aldermen elected, three competent peasons, 
who shall have been residents of said city of Quincy for a 
period of at least five years, and are voters therein, to servo 
ag a board of water commissioners of the city of Quincy, 
who shall immediately qualify and enter upon the duties of 
their office, and be subject to all the provisions of this 
chapter. The said commissioners shall hold their offices, 
respectively, for the terms of two (2), four (4) and six (6) 
years and until their successors are duly appointed and 
qualified, and shall, within ten days after their qualifica- 
tion, as provided in section three of this chapter, proceed 
to determine, by lot, their respective terms, in the presence 
of the city council, and the result shall be recorded in the 
proceedings of the city council. 

§ 3. ^ach member of the board of water commission- comm^eioners 
ers, appointed as heretofore prescribed, shall, within ten °^^^ 
days after his appointment, become bound to the city of 
Quincy, with two or more sureties, resident freeholders of 
the city, in the penal sum of fifty thousand dollars, condi- 
tioned for the faithful performance of all the duties required 
of him as a member of said board, the sufficiency of 
which sureties shall be certified by the mayor and city 
clerk of the city of Quincy ; and the said commissioners 
shall at any time give any further security which may be 
required by the city council. Each member of said board 
shall, before entering upon his duties, in addition to the oath 
required by the constitution of the state, take and sub- 
scribe, and file in the office of the city clerk of the city of 
Quincy, an oath, or affirmation, that he will not become 
interested in the sale of any land necessary for the con- 
struction of said water works, nor in the sale or negotiation 
of the securities of the city issued for the purpose of build- 



212 CITIES — NEW PEIVILEGES. 

ing said works, nor in any benefit or profit whatsoever on 
account of the deposit of any of the funds of the board, 
and that he will neither be concerned or interested, pecu- 
niarily, in any contract or work or materials for or about 
the construction, erection or repairs of said water works, 
while a member of said board. 

Organization. § 4. The said board of water commissioners shall or- 
ganize by selecting one of their number to preside over 
their deliberations, and by appointing a secretary, who 
may also be a member of said board, and whose daty it 
shall be to preserve a faithful record of all the proceedings 
of said board. This record shall at all times be subject to 
the inspection of the^city |council, and on the first oV May 
and the first of November, in each year, and at such other 
times as may be directed by the city council, the secretary 
shall make out and lay before said council a particular re- 
port of all the acts and proceedings of the board, and the 
condition and progress of the work under their charge. 

Vacancies, how § 5. At the next regular meeting of the city council 

^^^^^^' previous to the time of expiration of the term of any mem- 

ber of the said board of water commissioners, it shall be 
the duty of the mayor of said city, by and with the con- 
sent and approval of a majority of all the aldermen elected, 
to appoint a competent person to fill the vacancy about to 
occur in said board ; who shall hold his ofiice for the term 
of six years, and shall, as soon as said vacancy occurs, 
qualify and give bond as aforesaid, and enter upon his du- 
ties as herein prescribed. 
Appointments, § 6. In casc of a vacancy or vacancies occurring in said 

how made. ' board by reason of the death, disability or resignation of a 
member or members of said board, or from any other 
cause, the appointment to fill such vacancy or vacancies 
shall be made for the unexpired term of the member or 
members vacating, at the next regular meeting of the city 
council, in the manner and with all the requirements here- 
inbefore provided ; and the new member or members shall 
quality and enter upon the duties of the office as heretofore 
prescribed: Provided, that no appointment shall be re- 
quired to be made to fill one vacancy in said board which 
occurs within two months of the expiration of the term of 
ofiice of the member vacating. 
Salaries of the § 7. Tlic Said board of water commissioners shall be 

commiEBioners. paid, for their services from the time of their appointment 
until the expiration of their term of ofiice, as provided in 
this chapter, yearly salaries, as follows, viz : To each, the 
sum of two thousand (2000) dollars, payable quarterly ; 
and the members of said board shall devote their entire time 
and attention to the duties of their said ofiice, and shall 
not hold any other ofiice of profit or attend to any other 
business, as an occupation, which may interfere with the 
duties of the ofiico. 



CITIES — NEW PRIVILEGES. 213 

§ 8. The said board shall, with all dispatch, prepare pian for con- 
and resolve a plan for the permanent water works best tSorks"^"^^" 
suited to the circumstances of the city of Quincy, capable 
of aflbrding a sufficient daily supply of good and whole- 
some water, and admitting of future extensions ; and, for 
the purpose of procuring and determining said plan, the 
said board shall have authority to have such surveys, plans, 
charts, drawings and statements prepared, and employ such 
engineers and surveyors, and such other assistants, as they 
may deem necessary or expedient, and to enter upon any 
land or water, within or without the corporate limits of 
said city, for the purpose of making surveys or construct- 
ing any of the works authorized by this chapter, and to 
agree with the owner or owners of any real estate which 
may be required for the purposes of this chapter, as to the 
amount of compensation to such owner or owners for the 
real estate 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 ; but the title to all 
real estate purchased for use of said water works shall be 
taken in the name of the city of Quincy, and no such pur- 
chase shall be made without the approval of the city coun- 
cil of said city, 

§ 9. In case of disagreement between the board of wa- compeBsatiou 
ter commissioners and the owner or owners of any party ^^^ ^^'^ '^'^^"' 
interested in property which may, in the judgment of said 
board, be required for any of the purposes specified in this 
chapter, as to the amount of compensation to be paid to 
such owner or owners or party .in interest, or in case such infant or fem- 
owner or party interested shall be an infant, a married ™0 '■■"^"rt. 
woman, or insane, or absent from the state, or in case of 
disagreement between the said board and any owner or 
owners of or party interested in such property, touching 
the amount of damages arising from the construction of 
any part of the work hereby authorized, the said board 
shall have the ri^ht 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 
near as may be, to those specified and provided in chapter 
eight of this act. 

§ 10. The city council of the city of Quincy shall have Removal from 
power to remove from office any member of said board of *'^'^' 
water works commissioners, by and with the consent of a 
majority of all the aldermen elected, and fill his place by 
other appointment. 

§ 11. The said board of water commissioners shall, water rents, 
from time to time assess, as water rents or assessments, 
such amounts as they shall deem equitable, upon the valua- 
tion of any lots of land which shall abut or adjoin any 
street, avenue or alley in said city, through which the dis- 



214 CITIES — NEW PRIVILEGES. 

tributing pipes of the water works of said city may here- 
after be laid, which shall have a building or buildings 
thereon which can be supplied with water from the said 
pipes. The said assessment 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, and the building or buildings situated 
thereon, as in the case of assessments otherwise made, and 
shall be collected in the same manner as herein provided 
for other water assessments. 
Erect metres. § 12. The Said board shall have power to attach metres 
to any premises using water, to enable them to determine 
the amount to be assessed against such premises therefor, 
and to make assessments on account thereof, from time to 
time, on persons and property therefor ; which shall be a 
charge and lien on the lot and building or buildings, and 
may be collected as hereinbefore provided. 
Inspection of § 13. An accurate record of all water rents or assess- 

record of rents. ^^^^^^ gj^^^j ^^ j^^pj. ^^^ ^^.^ |^^^^,^|^ ^^^^^^ ^^^^^^ ^^ SUbjCCt 

to inspection, 
coiieetion of § 14. Ten davs prior to the day designated by the 

water rents. board for the scmi-annual or Other periodical payment of 
the water assessments, they shall advertise, in some news- 
paper published in said city of Qiiincy, that the said water 
assessments will at such time become due and payable; 
and if such assessments are not paid within thirty days 
from the day fixed, as above, for their payment, then the 
said board shall have power to add to such assessment an 
amount not exceeding ten per cent, thereof; and on pre- 
mises assessed, but not supplied with water, the said board 
may make a discount on the assessment, if the same be 
paid within periods to bo fixed by the board. 

When to collect. § 15. Commencing at a period to be fixed by the said 
board of water commissioners, and annually thereafter, on 
or before the last day in May, the said board shall issue a 
warrant or warrants, directed to the city collector, (charging 
him with the amount collectable thereon, and taking his 
receipt therefor,) commanding him to make the amounts 
set against the several lots or parcels of land described in 
said warrant — being the amount of water rents or assess- 
ments which shall remain unpaid on said lots for the year 
ending January first, next preceding the time of the issue 
of said warrants — out of the goods and chattels of the 
Penalty for respective owners of said lots of land, or, in default thereof, 

non-payment, by salc of the lot or lots upon which tlie assessments, lien 
or levy is made or exists; and the same proceedings shall 
thereupon be taken with reference to said warrants issued 
by said city for the collection of assessments for the improve- 
ment of streets, and they shall have the same force and eifect, 



CITIES — NEW PEIVILEGES. 215 

excepting that the said collector shall pay over the amoiints 
collected by him to the said board of water comissioners ; and 
if any lots of land be struck off to the said city at the sale of 
such water rents or assessmentSj as is provided in the case 
of other taxes or assessments, the ccrtilicatG of the sale 
thereof shall be issued to the said water commissioners, 
and shall be held by them for the use and benefit of the 
water works of said city. Said board shall have the same 
rights under such certificate as other purchasers at tax or 
assessment sales; and said certificate shall be assignable 
by the indorsement of the president of said board. Said 
warrants for the collection of water assessments, when 
issued to the said city collector, shall have the same force 
and effect as warrants issued to the said collector by said 
city for the assessments for improving streets — like powers, 
rights and duties being hereby conferred and imposed upon 
the said city collector, and on all parties interested, except 
as provided in this section : Provided^ however, that no- 
thing in this section shall be so construed as to prevent 
said board from resorting to any other method for the col- 
lection of water rents and assessments which may be au- 
thorized in this chapter. 

§ 16. If, in the issue of the said warrants to the said DatyoicoUector 
city collector for any one year, the assessment against any 
lot or lots should be omitted therefrom, or if, from any 
cause, the assessments on any lots should not be collected 
under such warrants, the said board may, in their warrants 
to be issued the next year to the city collector, include such 
back assessments ; or the amounts with which such lots 
are chargeable may be collected out of the personal pro- 
perty of the owners of the lots or of the buildings, by the 
issue of the warrants of the board, under the corporate 
seal, and attested by the city clerk, directed to the city 
marshal, or any constable of said city, commanding him to 
make the amount specified in such warrant, together with 
the costs, and such fees as constables are entitled to by the 
laws of this state, out of said personal property ; and the 
constable, in such case, shall levy upon any personal pro- 
perty of the person or persons against whom the same is 
issued, and shall sell the same at public auction, after giv- 
ing ten days' notice of the time and place of sale, in some 
newspaper published in said city. 

§ 17. The said board shall cause to be printed on each Board to make 
water permit issued to any person using the water, a copy 
of all rules and restrictions, regulating the use of the water, 
which shall be adopted by them ; and they shall farther 
report a copy thereof to the city council, who shall there- 
upon pass an ordinance establishing such rules and regula- 
tions, and providing penalties for their violation ; which 
penalties may be enforced in any court having jurisdiction 
of any offense against any of the ordinances of the said 



rules for use of 
water. 



216 OITIES^irBW PE1V1LEGE9. 

Stop supply of city. In all cases where said water rents or assessments 

water. ^^.^ j^^f. pg^^^^ ^^ required by this chapter, and the rules, 

regulations and ordinances passed in pursuance thereof, 
and in all cases where the rules and restrictions caused to 
be printed on said permit by said board are not complied 
with, the said board shall have the right to stop or cut off 
the supply of water from any premises where payment or 
compliance with such rules or regulations is refused or 
neglected ; and the shutting off of the water from such 
premises shall not make void the assessments thereon, but 
they shall be held for the assessment, as in case of lots 
which are not supplied with water, but which abut upon a 
street or alley where the pipe is laid. 

Construction of § 18. It shall be the duty of said board to construct 

tms'uisi^g&es hydrants of sufficient size and capacity, and in such locali- 
ties, as they shall deem desirable, for the purpose of extin- 
guishing iires. 

Accounts kept. § 19. The Said board of water commissioners shall 
keep, or cause to be kept, a full and true account, in suita- 
ble books, of all licenses issued for the use of water, and 
all moneys received on account of the use of water, (accord- 
ing to the provisions of any ordinance of the city of 
Quincy;) and the whole of the net income and revenue so 
arising, together with the fund produced by general taxa- 
tion for water purposes, is hereby solemnly and irrevocably 
pledged — 

Pay Interest on First. — To the payment of the interest on the bonds to 

bonds issued. \^^ issued uudcr this chapter, and any residue to the liqui- 
dation of the principal ot the same. 

Repairs. Secojid. — To the support and maintenance of the water 

works herein authorized, and the costs and expenses of any 
necessary repairs or extensions thereof; and, 

Indebtedness. Third. — To the purchase of any bonded indebtedness of 
the city of Quincy, whenever a surplus in the water fund 
may exist over and above the requirements firstly and sec- 
ondly stated above. 
Compensation § 20. The Said board of water commissioners shall, at 

of employees, ["jj-gj discretion, appoint, employ and discharge all officers, 
agents and servants necessary for the management and 
service of the said water works, and shall determine the 
compensation to be paid to each one so employed: Provi- 
ded^ that in no case there shall be paid to the engineer and 
superintendent of said water works more than three thou- 
sand (3,000) dollars per annum, nor to any other officer, 
agent or servant, employed by said board, more than two 
thousand (2,0o0) dollars per annum. 
General pow- § 21. The Said board of water commissioners shall 

8ionefs.'^''°'°"'^" have the control of all matters relating to water supply in 
the city of Quincy ; shall make all needful rules and regu- 
lations to govern its own dehberations, and tor the observ- 
ance of the officers, agents and servants by it employed ; 



CITIES — NEW PEIVILEOES. 217 

shall determine the penalty and conditions of the bond, if 
required of any such officer, agent or servant ; and shall 
have full power and authority to make such by-laws, rules 
and regulations concerning the water supply, and the rates 
and charges to be paid therefor, as shall by said board be 
deemed exjDodient and proper. 

§ 22, The said board of water commissioners, as soon Eeport to city 
as the plans and specifications for said water works have '=''^^'^' 
been prepared and adopted, shall make a report to the city 
council, setting forth the nature and amount of the work 
proposed to be executed, and the amount which will be 
required for such purpose, within a period to be stated in 
said report; which report shall be accompanied by an esti- 
mate of the cost of the cost of the things required to be 
purchased, and of the work to be done ; and the city coun- 
cil may thereupon approve the issue of the whole amount 
of bonds called for by such report, or such part thereof as 
the said council may deem expedient. The said board of 
water commissioners shall proceed immediately to nego- 
tiate said bonds for cash, in the manner they may deem 
most advantageous to the interests of said city ot Quincy : 
Provided, the terms of sale shall be approved by the city 
council. Eeasonable commissions to agents or brokers 
employed in procuring the sale or negotiation of said bonds 
may be paid by said board ; and no contract or agreement 
for the purchase of real estate, or for any expenditure in 
the construction of said water works, shall be made, unless 
the money necessary therefor shall have been previously 
obtained and deposited, as hereinafter provided, subject to 
the order of said board. 

§ 23. The doing of all work, and the furnishing of all g^ec'tion'^o^'-ks'' 
materials and supplies, for the water works contemplated ^"^^'^'^"'^ ^''■ 
by this chapter, shall be let out by the said board of water 
commissioners to the lowest and best bidder, except in 
cases where it is not practicable to do such work or furnish 
such materials and snppiies by contract ; and should the 
said board have special cause to reject the lowest bid for 
any of said work, they may accept a higher bid, with the 
consent and approval of the city council. 

§ 24:. The performance of all contracts let out as afore- contractors to 
said, shall be secured by at least two securities, resident offelurity.^ 
the city of Quincy or county of Adams, to be approved by 
said board, and said board shall fix the amount of said 
security, provide the forms of all contracts to be submitted 
to and approved by competent legal authority, and shall 
take such steps as may bo required to secure the interests 
of the city of Quincy, in all contracts and agreements for 
the construction, establishment and maintenance of the wa- 
ter works authorized by this chapter. 

§ 25. The proceeds of the sale of all bonds authorized ^^^["^^^jjjf 
by this chapter, and also the revenue derived from the 
Vol. 11—28 



21S CITIES— NEW PSIVILEGES. 

rent8 and charges for the use of water, and from the special 
tax heretofore authorized for water purposes, shall be placed 
on deposit by said board of water commissioners in such 
bank or banking institution, in the city of Quincy, as will 
receive the same on the most advantageous terms to the 
city of Quincy : Fromdecl, that satisfactory security be given 
for the safe keeping thereof, which security must be ap- 
proved by the board of water commissioners and the city 
council of said city; and all money to be disbursed out of 
said deposited fund shall be drawn upon warrant, signed 
by the secretary of the board of water commissioners. 
Commissioners § 26. It shall be the duty of said board of water com- 
more 'fuiidr aro missiouers, on or before the first Monday in January, in 
needed. ^r^^r^ year, to report to the city council of the city of Quincy 

what, if ^any, sum will be needful by said board, over and 
above the revenue of said water works, to meet the payment 
of interest or principal of the bonds authorized by this chap- 
ter, or to furnish funds for the maintenance, repairs or ex- 
tension of said works, specifying the amount required for 
each ; and the said city council shall, thereupon, levy a suf- 
ficient tax to meet the interest on said bonds, as specified in 
said report, but may approve or reject the recommendation 
in said report, for the levy of a tax for other purposes be- 
sides the payment of said interest. The tax so levied shall 
be collected by the city collector in the manner provided by 
law for the collection of other taxes in said city, and the 
timount thereupon received by said collector shall be ap- 
plied only as directed herein, and for no other purpose 
whatever, and and shall be paid over to the said board of 
water commissioners without hindrance or delay. In the 
collection of all taxes, water rents and assessments for the 
purpose mentioned herein, the city collector shall be re- 
quired by the said board to give ample and satisfactory 
security for the faithful performance of the duties required 
of him in this chapter. 
Record of wiitor § 27. It shall be the duty of the board of water com- 
hondsjssuea. mlssioners to keep an accurate record of all water bonds ; 
which record shall at all times exhibit the number, date 
and amount of each bond and coupon, the rate of interest, 
to whom issued or sold, when and where payable, and the 
particular bonds at any time outstanding ; and the said 
board shall provide for the payment of the interest on said 
bonds, and also the principal, as the bonds become due, 
and apply all net revenue and taxes, collected for such pur- 
pose, to such payment. 
Board to audit § 28. The board of water commissioners shall carefully 
all accounts. examine and audit all accounts presented to it for work 
done or materials and supplies furnished under contract or 
otherwise, and for all inland or other property purchased 
or services rendered, and when p^tisfied of their correct- 



CITIES — NEW PRIVILEGES. 219 

ness, shall cause the same to be paid, keeping an exact and 
complete record of all accounts so paid. 

§ 29. All field and memorandum books and drawings Proflieandmap 
used and made for and during the construction of any part p^^^^"^^®"^- 
of the water works, shall be carefully filed and preserved 
in the oflice of said board. A correct map of the whole 
work shall be made and preserved in said office, on which 
shall appear the location and size of the several reservoirs, 
engine houses, conduit and distributing' pipes, stops, valves 
and fire plugs, together with the location and dimen- 
sion of all lands held for the water works, and such other 
information relating thereto, as may be useful and conveni- 
ent to retain. 

§ 30. In case of default in payment of the interest on Dnties of the 
any of the lands provided for in this chapter, for the space "^'li'orof state, 
of one year, the holder or holders of the same may present 
the same with affidavit or protest of due presentation for 
payment and refusal of payment, to the auditor of public 
accounts of this state, who shall thereupon register the 
same, according to the provisions of an act entitled "An 
act relating to county and city debts, and to provide for the 
payment thereof by taxation in such counties and cities," 
approved February 13, 1865, and from such registration, 
thefprovisions of said act shall apply to said lands the same 
as if originally issued under it, and from thence they shall 
be paid in manner in said act provided, without regard to 
any rate of interest or special provisions of the same; and 
in case of any such default, and evidence thereof presen- 
ted to said auditor as aforesaid, the holders of any and all 
the bonds, issued under this chapter, shall be entitled, with- 
out further proof, to due registration as aforesaid, of their 
like bonds and payment thereof, according to the provisions 
of said act. 

§ 31. The city council of the city of Quincy is fur- Powers of the 
thermore authorized and empowered, should said council uansfe™ water 
deem it not expedient for the interests of said city to or- '^™'^^- 
ganize the construction and management of the waterworks 
on the plan as hereinbefore provided, to confer on any in- 
dividual or associated company all the rights and privi- 
leges granted said city council in this chapter, with such 
restriction^ and qualifications in relation thereto as said 
council may, by ordinance or contract, prescribe ; and in so 
doing, may retain and reserve any rights and powers ap- 
pertaining thereto, and may provide for the future resump- 
tion, by the city, of the powers of this chapter, and the 
acquisition by the city of any such water works constructed 
by such individual or associated company : Provided, no 
such transfer shall be made without providing for revenue 
to the city of Quincy, in lieu of city taxation on the property 
thereof, of not less than five per cent, of the gross income 
on receipts of the same. 



220 CITIES — NEW PRIVILEGES. 



CHAPTER X. 

MISCKLLANEOUS PROVISIONS. 

vouciierH. Seotion 1. The city council shall have power to issue 

vouchers or warrants on the treasury for such amounts as 
may have been ^duly audited and allowed, in such sums 
as may be deemed proper and right : Eromded^ that such 
warrants or vouchers shall not be made so as to draw inter- 
est on the same. 
Annual flnan- § 2. The city council shall cause to be published, annu- 

ciai statement. ^^^ ^ |-^q ^^^ Complete Statement of all moneys received 
and expended by the corporation during the preceding year, 
and on what account received and expended. 
Exemption § 3. All property, real and personal, in the city of 

froHi taxation. Quincy shall be exempt from taxation for county purposes, 
except as provided in an act entitled "An act relating to the 
county of Adams and city of Quincy," approved March 8, 
1867, and, also, except as provided in an act now pending 
before the general assembly, entitled "An act to enable the 
county of Adams to provide for and purchase or condemn 
grounds for and erect a new court house and jail, and for 
other purposes," should the same become a law : Provided^ 
the last named act becomes a law, that the act approved 
March 8, 1867, be and the same is hereby repealed. 
County exempt § 4. The county of Adams shall be exempt from the 

pm5"ef'^°'^ "^^ support of paupers within the limits of the city of Quincy, 

but the city council shall provide such means and pass such 

ordinances as they shall deem proper for the support of their 

own paupers. 

Incompetent § 5. No person shall be an incompetent judge, justice, 

nesae^s!!"^'^ ^"' witucss or jui'or by reason of his being an inhabitant or 
freeholder in the city of Quincy, in an}^ action or pro- 
ceeding in which the said city shall be a party in interest. 
Fines.'paidto § 6. All fines, penalties and forfeitures inflicted by or 

city treasury, recovered before the police magistrate of said city of Quin- 
cy, whether for violation of the city ordinances or the laws 
of the state of Illinois, shall be paid into the treasury of 
said city ; and it shall be the duty of said magistrates, and 
all other officers, to account for and pay over all such fines, 
penalties and forfeitures as may be collected by them, to the 
treasurer of said city, on the first Mondays of March, June, 
September and December of each year. 

Aiiactionsand §'^- All actious, rights, fiucs, penalties and forfeitures, 

snita ▼eeted In in Buit or otherwise, which have accrued under the several 

corporation. ^^^^ consolidated herein shall be vested in and prosecuted 
by the corporation hereby created. 

Vested property § ^' ^^^ property, real, personal or mixed, belonging to 
the city of Quincy, is hereby vested in the corporation cre- 
ated by this act, and the officers of said corporation now in 
office shallj respectively, continue in the same until super- 



CITIES — NEW PRIVILEGES. 221 

ceded in conformity to the provisions hereof, bnt shall be 
governed by this act, which shall take effect from and after 
its passage. 

§ 9. This act shall be deemed a public act, and may be sviaanco of *ct. 
read in evidence, without proof, and judicial notice shall be 
taken thereof in all courts and places. 

§ 10. This act shall not invalidate any legal act done by ActraUd. 
the city council of the city of Quincy, or by its officers, nor 
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. 

§ 11. All officers of the city created conservators of the Arrest, -rrith 
peace by this act, shall have power to ai*rest or cause to cess^*^^"^* ^^'^ 
be arrested, with or without process, all persons who shall 
break or threaten to break the peace, commit for exami- 
nation, and, if necessary, detain such persons in custody 
over night, in the watch house, or other safe place, and shall 
have and exercise such other powers as conservators of the 
peace as the council may prescribe ; and the members of the 
police force shall be conservators of the peace. 

§ 12. The city of Qnincy shall not be liable in any case city not uaWe 
for the board or jail fees of any person who may be com- f<"" ^"^^ f®®^- 
mitted by any officer of the city, or any magistrate, to the 
jail of Adams county, for any offense punishable under the 
laws of this state. 

§ 13. The city council shall have power to pass ail or- Power to pass 

t" I'll J r • ordinances. 

dmances which may be necessary and proper, for carrymg 
into execution the powers specified in this act, so that such 
ordinances be not repugnant to nor inconsistent with the 
constitution of the United States, or of this state : J^rovided, 
that any ordinance may be suspended by a majority vote of 
all the aldermen elected. 

§ 14. The style of the ordinances shall be, ^^Be it or- style of ordi- 
dainedhythe City Council of the City of Quincy ;'''' and °*''*^^'' 
the same, when printed and published by the authority of 
the city council, shall be received in all courts and without 
further proof. 

§ 15. All ordinances passed by the city council shall, ordinSa^""*^ 
within ten days after they shall have been passed, be pub- 
lished in some newspaper pubhshed in the city of Quincy, 
and until thus published, or in book form, shall not bo in 
force. 

§ 16. There shall be a revision and publication of the Revision of. 
city ordinances every five years or oftener, if required. 

§ 17. All ordinances, regulations and resolutions now Conflicting 
in force in the city of Quincy, and not inconsistent with *^*' repealed. 
this act, shall remain in force under this act until altered, 
modified or repealed by the city council after this act shall 
take effect. 



222 orriES— NEW privileges. 

citynotreqni- § 18. The citj of Quincj shall not be required to give 

curity°fo?costsr Becuritj for costs in any prosecution or suits arising under 
tlie charter or ordinances of said city. 
Powers of the § 19. Nothing in this act contained shall be so con- 

coiiDcii. strued as to deprive the city council of said city of any 

power or authority conferred upon the same by the act in- 
corporating said city and the various acts amendatory 
thereto, but the city council shall possess and enjoy all the 
powers heretofore conferred upon the same, except so far 
as such powers and authority have been expressly modified 
or repealed by this act, or the acts heretofore mentioned. 

constrnctionof § 20. No fine, penalty or liability incurred, nor any act 
done or proceeding unfinished at the taking effect of this 
act, shall be hei^eby affected or discharged ; and all ordi- 
nances of the city council shall remain in full force, not 
contrary to the provisions of this act. Where " person" is 
named it shall include persons and corporations, and where 
the singular number is used it shall include the plural, and 
where " he" is named it shall include they, she or it, ac- 
cording to the general object and subject. 
Act to be sub- § 21. This act shall be submitted to a vote of the legal 

mitted to voters ^^^^^^ ^^ ^^^ ^-^^ ^f Quiucy, at an election to be held in 
said city at the usual places of holding elections therein, on 
the first Tuesday of April, A. D. 1869 ; and such election 
shall be conducted in the manner now provided by law for 
other elections in said city. The ballots used at such elec- 
tion shall be jDrinted or written " For Charter" or "Against 
Charter ;" and if a majority of the votes cast on the sub- 
ject shall be for charter, then this act shall be and remain 
in force ; otherwise it shall be null and void. The votes 
shall be canvassed and the returns made thereof in the 
manner now provided by law for the election of city officers 
in said city of Quincy. The city clerk of the city of Quincy 
shall post the number of notices of this election required for 
ordinary elections in said city, and cause this act to be pub- 
lished in full in the Quincy Herald, Quincy Whig and 
Quincy Tribune, newspapers printed in said city, at least 
ten days before said election ; and the result of said elec- 
tion shall be certified by the city clerk of said city of Quin- 
cy, under the seal of said city, to the secretary of state 
within ten days after said election. 
fConflictinR § 22. All acts or parts of acts inconsistent with the 

acts repeaiea. p^.o^jgiong ^f this act are hereby repealed. 

§ 23. This act shall take effect and be in force from and 
after its adoption by vote of the people, as provided in this 
act. 
In foece April 15, 1869. 

I, Edwabd Rttmmet., Secretary of State, do hereliv certify that the foreffomcf act of 
the Twenty-sixth General Assembly of the State of Illinois was filed in the office of the 
Secretary of State, April 15, 1809, without the signature of the Governor, but, by virtue 
of Section 21, Article IV, of the Constitution of this State, the same is now declared a 
law, having been retained over tea days by the Governor after its reception. 

EDWAKD RUMMBL, Sec'y of State. 



CITIES— NEW PRIVILEGES. 223 



AN ACT supplemental to an act entitled "An act to reduce the law incor- in force when 
porating the city of Quincy, and the several acts amendatory thereof, adopted by 
into one act, and to amend the same." ^^^al voters 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General AssemUy, That all Application of 
the provisions of the said bill or act to which this is a sup- '^^'^f- 
plement, and mentioned in the title hereof, relating to the 
exercise of any judicial authority by the mayor of the city 
of Quincy, also, all of chapter six of said bill or act relating 
to the fire department of said city, also, ail the provisions 
of chapter nine of said bill or act relating to the issue of 
two hundred thousand dollars of additional water works' 
bonds, also, the proviso of section thirty-one of said chapter 
nine, also, all the provisions of said bill or act relating to 
the publication of the same in newspapers and to the sub- 
mission of the same to a vote of the voters of said city, shall 
be of no force nor deemed a part of said bill or act ; and 
all the provisions of chapter eight of said bill or act relating 
to the levy and collection of special taxes on the property 
specially benefited by the grading of streets, to pay the 
expense of the same, shall apply only to territory hereafter 
to he added to said, city, but the same shall apply to all por- 
tions of all streets used or intended for sidewalks. 

§ 2. The said bill or act to which this is a supplement, sabmittcd to 
when approved by the executive, shall, by order of the city legai voters, 
council of said city of Quincy, be submitted to a vote of the 
legal voters of said city, as follows : Ail of the same, ex- 
cept chapter nine, relating to water works, shall be voted 
on separately, and the ballots shall be " For Charter" and 
"Against Charter ;" and said chapter nine relating to water 
works shall be voted on separately, and the ballots shall be 
" For Water Works" and "Against Water Works." Said 
election shall be held, returned and canvassed in the same 
manner and with the same notice as in case of annual city 
elections, but no new registration of voters shall be neces- 
sary, and the last registration shall be adopted and used at 
said election. And if a majority of the votes cast at said 
election, on the question of for charter and against char- 
ter, shall be for charter, then all said bill or act shall take 
effect, except said chapter nine relating to water works, 
and not otherwise ; and if a majority of the votes cast at 
said election on the question of for water works and against 
water works, be for water works, then said chapter nine 
relating to water works shall take effect, and not otherwise. 

§ 3. The city council of the city of Quincy shall, more Acttobepub- 
than ten days prior to the holding of said election, cause to "^e^fo^.^*™' 
be published in pamphlet form, both in the English and 
German languages, the bill or act to which this is a supple- 
ment and this act, or so much of said bill or act as shall be 
or remain part of the same under the provisions of this sup- 



224 OITIES--NEW PKIVILEGES. 

plemental act, and have not lees than one thousand copies 
of the same ready for public distribution, at the oflBce of the 
city clerk, at least ten days prior to said election ; and the 
record statement of the result of said election shall be suffi- 
cient proof of such reeuit. 
constniction of § 4. Scctious twenty-ouc, twenty-two and twenty-three, 
^^^' of chapter ten of the act to which this is a supplement, 

shall have no force nor be deemed a part of the same ; and 
neither said act nor this supplement shall operate to repeal 
any law or part of a law not inconsistent with said act and 
this supplement. This supplement shall take effect from 
its passage, and the act to which this is a suppement when, 
and to the extent, the same shall be adopted at the election 
herein provided for. 

Approved April 17, 1869. 



lu force March AN ACT to amend article seyen, and sections 5 and 6 of article eight, of 
IT, 1SG9. ^Q j^pj. entitled "An an act to reduce the charter of the city of Rock 

Island, and the several acts amendatory thereof, into one act, and to 
amend the same," approved February 16th, 1857. 

Section 1. Be it enacted hy the People of the State of 

Illinois, represented in the General Assembly, That the 

Improvement city council of the city of Eock Island shall have power, 

anf htghw ' ^i'0°\ time to time— 

First — To cause any street, alley or other highway to be 
graded, regraded, paved, leveled, macadamized or planked 
and keep the same in repair, and alter and change the same. 
Second — To cause crosswalks, main drains and sewers to 
be constructed and laid, re-laid, cleansed and repaired, and 
regulate the same. 

Third — To grade, improve, protect and ornament any 
public square, or other public ground. 

Expenses to be § 2. The cxpenses for the foregoing improvements shall 

eraffond.'^'^^'^^' be paid by the city, out of the general improvement fund ; 
and for the purpose of establishing a system of sewerage and 
drainage, the city council shall have power to cause the city 
to be laid oflf' into districts, to be drained by principal and 
lateral sewers or drains, or tubular sewers or drains, having 
reference to a general plan of draining by sewers and drains, 
for the whole city, and number and record the same. 

Nnicances. § 3. All owners or occupants of lots or lands whose 

premises the city council shall declare to be nuisances, and 
order the same to be graded, filled up, drained or otherwise 
improved, if they shall not fill up, drain or otherwise im- 
prove their lots or lands within the time and in the man- 
ner as may be prescribed by ordinance, or otherwise, the 
city council may order the said lots or lands to be graded, 



CITIES — NEW PEIVILEGES. 225 

filled up, drained, or otherwise improved, and assess the 
expenses thereof, by an order to be entered in their pro- 
ceedings, upon the lots and lands, respectively, and collect 
the same in the same manner as the general taxes levied by 
the city council are collected, and sell the said lots and 
lands, if such assessment is not paid, in the same manner 
as lots or lands are sold for delinquent city taxes. 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 at his or her request. 

§ 4. At the annual election of city officers, by the city Election of 
council, the city council shall choose, by ballut, three of the superYieors, etc. 
street supervisors elected, to act as sidewalk commissioners 
for the current year, who shall, within ten days after their 
election, make oath, in writing, before the city clerk, that 
they will, to the best of their skill and ability, perform all 
the duties enjoined on them by law as such commissioners. 
The city council may, at any meeting, by a majority vote 
of aldermen present at such meeting, remove any or all of 
such commissioners and elect any person or persons in their 
stead, who shall take a like oath of office. 

§ 5. When the city council shall order that a sidewalk sidewalks, etc. 
be constructed, widened or repaired, the city clerk shall give cierk's duties. 
notice to the owner of the lot fronting the place where the 
sidewalk is ordered to be constructed, widened or repaired, 
of such order. The notice may be served by any officer of 
the city, by leaving a copy with the owner, or any person 
over the age of twelve years, residing on the premises; but 
if the lot be vacant, a copy of the notice shall be posted on 
said premises, or as near as may be convenient thereto. 
The officer serving such notice shall indorse, on the back of 
the original, the time and manner of service, and file the 
original with the city clerk, with his indorsement. Said 
notice may be in the following form : 

Notice. — The city council of the city of Rock Island, at Foimof notice 

a meeting held ordered that a sidewalk be in 

front of the following lot, in said city, to-wit : 

That in case said walk is not in ten days from the date 

of the service of this notice, the same will be done by said 
city according to law. Witness my hand, and the seal of 
said city, this 



City Clerk. 

§ 6. If, for ten days after the service of said notice, the city may lay 
owner of the lot shall neglect to construct, widen or repair foS^st. ^''^ 
the sidewalk, as ordered, it shall be the duty of the street 
supervisor of the ward where said lot is situated to construct, 
widen or repair the same; and when completed, tile a report 
of the cost thereof with the city clerk ; which may be in 
form as follows : 

Vol.II~29 



226 CITIES — NEW PEIVILEGES. 

Form of report. To the City CouncU of the City of Boch Island : 

The undersigned, street supervisor of ward, re- 
ports that he has the sidewalk in front of lot , 

at a cost of 

Supervisor .... Ward. 

^Rate ofass^ess- § 7. Upon the filing of such report, the city clerk shall 
men on prop- j^^^jfy ^.j^g sidewalk Commissioners, who shall, within one 
week after such filing, proceed to the premises where such 
sidewalk has been constructed, widened or repaired, and 
assess upon any lot or lots in the city the cost of such side- 
walk, or any part thereof, as they, in their judgment, may 
determine such lot or lots are benefited thereby ; and with- 
in three days after their assessment they shall file their re- 
port and assessment with the city clerk ; which may be in 
form as follows : 

.?ri'i°'l°5^°"'- To the City Council of the City of Boch Island : 
Form of. i-he Undersigned, sidewalk commissioners of said city, 
would report that on the day of we proceed- 
ed to lot where a sidewalk has been by said 

city,^ under the direction of the street supervisor of 

ward, having first ascertained, from said supervisor's report 

filed, that the cost of said sidewalk amounts to 

; and to the best of our judgment we determine that 

lot is benefited by such improvement 

We therefore assess upon said lot the amount of said 

benefit of 

Kespectfully submitted. 



Sidewalk. Commisstonc-rs. 

toowne?^ derfe § 8. On the filing of such report the city clerk shall 
owner. forthwith give notice, to the owner of the property assessed, 
of the filing of said assessment, and that at the next regu- 
lar meeting of the city council he or she must appear and 
show cause, if any they have, why said assessment should 
not be confirmed ; but if ten days shall not intervene be- 
tween the service of the notice and such meeting, then said 
report shall be laid over for the action of said council at the 
next succeeding regular meeting, when the report may bo 
confirmed or referred back to the commissioners for further 
action. Said notice shall be served, returned, indorsed and 
filed in like manner as the notice referred to in section five 
of this act. Said notice may be in form as follows : 
Formofuotico. NoTicE. — The sidewalk commissioners of the city of 
Eock Island have filed with mo their report, to the city 

council of said city, that lot is benefited to the value 

of by the ... of a sidewalk fronting lot , and 

have assessed said amount on said first named lot. That 
on the day of ...,.,,. . said cify council will meet to 



CITIES — NEW PEIVILEGES. 227 

examine and confirm said report, when and where you will 
appear, if you see fit, and show cause why said report and 
assessment should not be confirmed. "Witness my hand and 
the seal of said city, this day of 

City'aerk. 

§ 9. Any person who may object to said report and assess- objections. 
ment, or any of the prior or subsequent proceedings, shall file 
his objections with the city clerk, in writing, and the city 
council shall hear any evidence relating to said objections, 
and confirm, alter, set aside or refer back said assessment. 
The cost of constructing, widening or repairing the side- 
walks, by the city, shall be paid out of the general improve- 
ment fund ; and all moneys collected as sidewalk assess- 
ments shall be paid back to said fund. 

§ 10. If the owner or owners of any lot or lots assessed aSeSmente^*^ 
shall neglect or refuse to pay said assessment, it shall be 
the duty of the city clerk, in making up the annual assess- 
ment list for the collection of city taxes, to charge, in an 
appropriate column, against the lot or lots assessed, the 
amount of the assessment — which amount shall be collected 
by the city collector as other taxes ; and the warrant issued 
to him for the collection of city taxes shall be the authority 
to him to collect such sidewalk assessment ; and in case 
said sidewalk assessments are not paid to the collector, the 
lot or lots assessed may be sold for such assessments, in the 
same manner and with like effect as lots are sold by the city 
for delinquent taxes. 

§ 11. Any person interested may appeal from the order Appeal taken, 
of the city council, confirming any report and assessment 
of the sidewalk commissioners, to the circuit court of Rock 
Island county, by filing with the clerk of said court a copy 
of all the proceedings of record in such assessment, and a 
bond to the city in double the amount of the assessment, 
secured and conditioned as in appeals from justices of the 
peace in civil cases. Upon the filing of said copy and 
bond, the clerk of the circuit court shall issue a summons 
against the city to show cause why an assessment for a 

sidewalk in said city, appealed by , should not be 

set aside. On the trial of the cause in the circuit court, Trial in circuit 
the party appealing shall be limited, on trial or otherwise, ^°^'^'' 
to the written objections to the sidewalk assessment, to be 
filed by him as provided in section nine of this act ; and 
if, on trial or otherwise, such assessment shall be sustained, 
the court shall enter judgment against the party appealing 
for the amount of the assessment appealed from, and inter- 
est thereon from day of appeal, with cost of suit ; and no 
person or persons shall be allowed, in any subsequent suit, 
action or other proceeding, to object to or question said as- 
sessment, or any of the prior or subsequent proceedings 
thereto, unless he shall bring his action against said city 



228 CITIES — NEW PEIVILEGES. 

by appeal, as aforesaid, to set aside the assessment, witliiii 
twenty days from the time the assessment was confirmed 
by the city council. 

Salt instituted. § 12. The city council may, at any time within five 
years from the date of the confirmation of the sidewalk 
commissioners' report and assessment, bring an action of 
debt against the owner or owners of the lot or lots assessed, 
before any justice of the peace or circuit court, for the 
amount assessed, with interest from twenty days alter the 
confirmation by the city council of said assessment. 

cierk'efees. § 13. The city council shall have power to prescribe, by 

ordinance, such fees or compensation, to the city clerk and 
sidewalk commissioners, as they may deem just and equit- 
able ; which shall be added to and made part of the assess- 
ment and collected therewith. 
Powers of the § li. The city council shall have power to construct, 

council. -j^y^ relay, repair and cleanse any private drain and regulate 

the same; and all the proceedings herein provided for the 
construction, widening and repairing of sidewalks, and as- 
sessment and collection of the costs thereof, shall be equally 
applicable to the construction, laying, relaying and repair- 
ing and cleansing and regulating of private drains, and 
assessment and collection of costs thereof. 

ARTICLE VIII. 

Act amended. Be it further eiiacted^ that sections five and six, of article 
(8) eight, of the act to which this act is an amendment, be 
amended as follows: 
Daties of city " BectioTi 5. The clerk shall issue a warrant or warrants 

^^^^^' for the taxes, and set down in a column or columns ruled 

for that purpose, the amount of taxes levied, opposite the 
name of the person or real estate subject thereto. He may 
set the diflerent taxes down in separate columns, or com- 
pute together, as one tax, any two or more of the taxes 
levied by the city council, and include the total amount of 
the taxes, so computed together, as one tax in such warrant 
or warrants, and in all warrants, order of sale, or other 
proceedings in relation to the collection of taxes under the 
provisions of this act ; and it shall be the duty of the clerk, 
in making np or issuing said warrant or warrants, to set 
down for collection, in a column ruled for that purpose, 
opposite the lot, lots or real estate assessed by the commis- 
sioners named in article six, section two, of the act to 
which this is an amendment, the amount assessed by said 
commissioners against such lot, lots or real estate, as bene- 
fits, by reason of the opening, altering, widening or straight- 
ening of any street, alley or highway in said city ; and this 
act shall apply to all such assessments of benefits made by 
nnties of the Said commissioners since the first day of January, A. D. 

citj collector, j^ggg^ And the usual warrant issued to the city collector 



CITIES — NEW PRIVILEGES. 



229 



for the collection of the annual city taxes, signed by the 
mayor and clerk, with the corporate seal thereto attached, 
shall be the authority to said collector to collect the amount 
of such assessment of benefits, in like manner and with 
like effect as other taxes ; and if such assessments of bene- 
fi.t8 are not paid, the lot or lots, or real estate assessed may 
be sold for such assessment in like manner and with like effect 
as lot, lots or other real estate are sold for delinquent taxes. 

''''Section 6. All warrants, issued for the collection of ^^warrants for 
general or special taxes and assessments, shall be signed taxes. 
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 
issued. They shall be delivered to the collector for collec- 
tion 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 suits iDsututed. 
have power to collect said taxes, with interest and costs, by 
suit in the corporate name, or by distress and sale of per- 
sonal property, as aforesaid,|after a demand and refusal to 
pay the same : Provided, a notice, published by the col- 
lector for ten days, in the newspaper printing the ordi- 
nances of the city, shall be deemed a demand, and neglect 
to pay taxes for twenty days thereafter shall be deemed a 
refusal. And the said city or corporation shall have power, 
at any time within two years after the city collector shall, 
in any year, have returned the warrant or warrants issued 
to him for the collection of the annual city taxes, to bring 
on action of debt in the corporate name, before any justice 
of the peace or police magistrate in said city, against any 
person or persons who have not paid their personal tax or 
taxes; and the production of the collector's delinquent 
list, sworn to by the collector, shall be iwima facie evi- 
dence that the personal tax of all persons, returned thereon 
as delinquent, are due and unpaid; and no property, real 
or personal, of any person or persons against whom said 
city shall recover a judgment for personal taxes shall be 
exempt from levy and sale on any execution issued on said 
judgment. All laws or parts of laws, heretofore passed, in jj'g^a^'^^*^-' 
conflict with this act are hereby repealed. 

'•^Section 7. This act shall be a public act, and take 
effect from and after its passage." 

Appeoved March 27, 1869. 



230 CITIES — NEW PRIVILEGES. 



In force March AN ACT to amend an act entitled "An act to reduce the charter of the 
4, 1S(J9. city of Rockford and the several acts amendatory thereof into one act, 

and to revise and amend the same,", approved February 15, 1865. 

PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. 

Section 1. Be it enacted hy the People of the Slate of 

Illinois, represented in the General Assembly, That the 

Improvement common council of the city of Rockford shall have power, 

audhfghways!^^ ^^ Ordinance or resolution, to establish the grade of all 
streets, lanes, alleys, avenues, sidewalks and other high- 
ways in the said city, and to alter and change the same, 
when they shall deem it necessary. 

Sidewalks, etc. § 2. They shall have power, from time to time, by or- 
dinance, order, resolution or otherwise, to cause any street, 
lane, alley, avenue, sidewalk, crosswalk or other highway, 
or any part of the same, in said city to be graded, filled, lev- 
eled, walled, curbed, graveled, paved, macadamized, planked 
or otherwise improved, and to keep the same in repair. 

Brains, etc. § 3. They shall have power, from time to time, by ordi- 

nance, order, resolution or otherwise, to cause gutters, 
drains and sewers to be constructed, laid, relaid, repaired 
and cleansed. 

Repair etreete. § 4. They shall have power, from time to time, by or- 
dinance, order, resolution or otherwise, to cause sidewalks 
and crosswalks to be built and constructed, rebuilt and re- 
paired in or along any street or alley, or part of street or 
alley or other highway, within the said city, of flag stone, 
plank or other materials, as they may think proper. 

street iamps,etc § 6. The common council shall have power, by ordi- 
nance, order, resolution or otherwise, to erect, or cause to be 
erected, street lamps, lamp posts, and to regulate the light- 
ing thereof, and, from time to time, to create, alter, extend 
and regulate lamp districts, 
street im- § 6. They shall have power, by ordinance, order, reso- 

provements. ^ition or Otherwise, whenever any street, part of street, 
alley or other highway in said city shall be graded down or 
filled up, to cause embankm.ents or retaining walls to be 
built and constructed and kept in repair along such street, 
part of street, alley or other highway. 

Nuisances. § '7. They shall have power, by ordinance, order, reso- 

lution or otherwise, to declare any lot or parcel of land in 
said city a nuisance, and to require the same to be graded 
down, filled up, drained or otherwise improved. 
Expenses for § 8. Whenever the common council of said city shall 

Improvements, (determine upon the construction or making of any improve- 
ments mentioned in the foregoing sections of this act, or any 
other public improvement, the making or construction of 
which is in the discretion of the common council, they may 
make or cause to be made a careful estimate of the proba- 



CITIES — NEW PRIVILEGES. 231 

ble cost and expenses of sucli proposed work or improve- 
ment, and may then proceed to assess or cause to be as- 
sessed upon each and all lot, lots or real estate deemed 
specially benefited by such work or improvement, such 
amount or part of the cost and expense, or estimated cost 
and expense, of such work or improvement, together with 
the cost of such assessment, as such lot, lots or real estate 
shall be deemed specially benefited, respectively, by such 
work or improvement. 

§ 9. Whenever the common council shall determine special assesB- 
upon the construction or making of any of the improve- "^'''^*'" 
ments mentioned in the foregoing sections of this act, or 
any other public improvement the making and construction 
of which is in the discretion of the common council, they 
may proceed and make and construct such improvement, 
and may then assess or cause to be assessed upon each and 
all lots and real estate deemed specially benefited by such 
improvement such amount, part or portion of the cost and 
expense of such improvement, together with the costs of 
such assessment, as such lot, lots or real estate respectively, 
shall be deemed specially benefited by the making of and 
construction of such improvement. 

§ 10. When any such special assessment shall be made and Unties of the 
completed, as provided for in the preceding sections of this *'^®*' 
act, and the same shall be approved by the common council, 
the clerk of said city shall make out a true copy of such 
special assessment roll, list or book, and a warrant for the 
collection of such special assessment shall be made, issued 
and attached thereto by the clerk and mayor in the same 
manner and in the same form, as near as may be, as in case 
of the collection of taxes for general city purposes ; and 
the said warrant shall be of the same force, effect and virtue 
as warrants for the collection of the taxes for general pur- 
poses. The common council shall fix the return day of 
such warrant, but the same shall not be less than thirty 
days from the date thereof; and said warrant shall be in 
force as well after as before such return day. 

§ 11. After such special assessment list or roll shall coUector. 
have been made out, and the warrant for the collection Duties of. 
thereof made, issued and attached thereto, the clerk shall 
deliver the same to the city collector for collection, and the 
collector shall proceed to collect such assessment in the 
same manner as the taxes for general purposes are collected, 
and make return of said special assessment roll, list or 
book, and the said warrant in the same manner, and such 
assessment list and warrant shall have the same force and 
effect, and be a lien in the same manner for the same time 
and to the same extent as taxes, assessments and warrants 
for general city purposes are. 

§ 12. When any such special assessments shall be made General pow- 
as provided for in the foregoing sections, the common coun- «" «^ '='*^'=^'- 



232 CITIES — NEW PEIVILEGES. 

cil may, in their discretion, defer the making and issuing 
of any warrant for the collection thereof until the making 
out of the annual or general assessment or tax list roll or 
book for the collection of the taxes for general purposes; 
and the city clerk shall enter such special assessment upon 
such annual list, in a column for that purpose, opposite to 
the lot, land or real estate so assessed, as a special assessment 
upon such lot, land or real estate, and the same shall be col- 
lected in the same manner as the taxes upon such lot, land 
or real estate for general city purposes are collected, and, if 
returned delinquent, judgment may be taken, and sales had 
therefor in like manner and with like effect as judgments 
and sales for other delinquent taxes. 

o?SkTe"tatJ'^' § ■^^' ^^ ^^^^ ^^y ^^ ^^^ ^^^^ ^^ ^'^^^ estate embraced or 
contained in any special assessment list and warrant shall 
be returned by the collector as delinquent, the same pro- 
ceedings shall be taken and had as provided in article thir- 
teen (13) of the act to which this act is amendatory, and 
the same proceedings shall be had and taken by the county 
treasurer and collector, and with like force and effect, as in 
said article provided in case of other delinquent taxes; and 
judgment shall be taken and sales had in the same manner 
and with like force and effect as therein provided. 

Assessment lists § 14. N^o Special asscssment shall be deemed invalid or 

''^^^^ illegal in consequence of any informality in making the as- 

sessment, or in the assessment list or warrant. 

Non-residents. § 16. When the Collector shall return any lot or real 
estate, included in any special assessment as delinquent, the 
said city may sue for and maintain an action at law against 
the owner of such lot or real estate for the amount of the as- 
sessment against such lot or real estate as for money paid, laid 
out and expended for the use of such owner at his request; 
and in case the owner of said lot or real estate shall be a 
non-resident of this state, proceedings may be commenced, 
had and maintained against such property, by attachment, 
as in other cases of attachment under the laws of this state. 
Damages and § 16. The common council may, if they can agree with 

benefits. ^|jp owners of property deemed specially benefited by any 

improvement mentioned in this act, stipulate and agree 
with such owners and each of them upon the amount to be 
paid by each of said owners toward defraying the costs and 
expenses of such improvement, in which case no assessment 
shall be necessary, but such amounts, so agreed upon or 
stipulated, shall be a lien npon the lot or real estate 
chargeable therewith, and, if not paid when due, may be 
entered upon the annual tax list, and collected in the same 
manner as provided for the collection of other special assess- 
ments or taxes, or the said city may sue for and collect the 
same of such owner, as provided in the last preceding sec- 
tion, and if the owner be a non-resident, then by attach- 
ment, as in said section provided. 



OrriES — ^NEW PEIVILEQES. ^33 

§ 17. In the case of repairs to any of the improvements nntiesi of the 

" .. 1.1. , ,1 ^ "^ -1 ii street commis- 

mentioned m this act, the common council may cause the sioner. 
same to be made by the proper street commissioner, and 
authorize and empower him to make and return the special 
assessment provided for in this act upon the property 
deemed specially benefited thereby. 

§ 18. In all cases where the common council shall cause improvements 
special assessments to be made and collected, as provided to^eneSr^S 
in this act, and such assessments shall not be sufficient to count. 
defray all the expenses and costs of any improvement for 
which the same was made, the common council shall cause 
the balance of such cost and expense to be paid out of funds 
raised by general assessments and taxation, and in case 
any such special assessment, or any part thereof, shall nc>t 
be collected in consequence of any mistake, error or other 
cause, the council may cause such deficiency to be paid out 
of such fund raised by general taxation, and they may also 
cause such special assessment to be remade and collected in 
the same manner as if such first assessment had not been 
made. 

§ 19. The word person and the word owner, as used in 
this act, shall be deemed and understood to include, extend 
to and mean all corporations, incorporated companies or so- 
cieties of every kind. 

§ 20. The common council of the city of Rockford shall 
have power to make, pass, ordain, publish, amend and re- 
peal all such ordinances, by-laws, rules, orders, resolutions 
and regulations as they may deem proper and necessary for 
carrying into execution and efli'ect the powers and authori- 
ties granted by this act, so that the same be not repugnant 
to or inconsistent with the constitution of the United States 
and of this state, and to enforce the observance of all such 
ordinances, by-laws, rules, orders, resolutions and regula- 
tions by forfeitures, fines, penalties and imprisonment: Pro- 
vided^ no such fine, penalty or forfeiture shall exceed one 
hundred dollars, and no such imprisonment shall exceed six 
months. 

§ 21. Section seven (7) of article fifteen (15) of the act, ^s^clout re- 
to which this act is amendatory, is hereby repealed. ^"^^ ^ ' 

GENERAL PROTISIO^'S. 

§ 22. The common council shall have power, by ordi- streets and ai- 
nance, to annually levy and collect taxes, not to exceed five ^^^®' 
mills on the dollar on the assessed value of all taxable real 
and personal estate, for the purpose of improving and keep- 
ing in repair the streets, lanes, alleys, and other highways, 
which taxes shall constitute the street fund. 

§ 23. The common council shall have power to regulate, ^nl'^^QOT^ ^'^^^ 
tax, license, restrain, prohibit, suppress ♦and punish within ° ^'i'^°'^^- 
said city the dealing in, sale or giving away of wine, rum, 
" Yol.n— 30 



234 CITIES — NEW PRIVILEGES. 

gin, brandy, whisky, ale, beer, and all other ardent spirits 
or intoxicating liquors, whether distilled, fermented, brewed 
or compounded. 
Billiard tables § 24. The common council shall have power to regulate, 

and bowimg ai- ^^^^ license, restrain, prohibit, suppress and punish billiard 

halls, biUiard tables, pin alleys, ball alleys, bowling saloons, 

concerts, games, feats and performances within said city, 

had or kept for gain or public patronage. 

Election of § 25. The election of supervisors for the several wards 

S?'"'' °* of said city shall be notihed, held and conducted at the same 
time and place, and in the same manner as the elections for 
aldermen in said wards; and vacancies in the office of 
supervisor shall be filled in the same manner as vacancies in 
the office of alderman. 

§ 26. This act shall be held and deemed a public act, 
and shall be in force and take effect from and after its 



Appkoved March 4, 1S69. 



In force March AN ACT to amend the charter of the city of Shelbyville. 

25, 1869. -^ 

Section 1. £e it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
Purchase land, city of Shelbyville shall have power, and is hereby author- 
ized, to levy and collect a tax, not exceeding one-half of 
one per centum, upon all the property, both real and per- 
sonal, within said city, at such time as may be thought 
best, for the purpose of buying and paying for a tract of 
land to be used only for burial purposes. 

§ 2. This act shall be a public act, and shall be in force 
from and after its passage. 

" " ' 1869. 



^° ^^1809''^^"^ ■^'^ ^^'^ entitled "An act to amend the charter of the city of Shelbyville," 
' ' ■ approved February 16, 1863, and amendatory acts thereto. 

Section 1. Be it enacted hy the People of the State of 

Illinois, represented in the General Assembly, That section 

Sec. 8 of art. eight, of article third, of said charter, be so amended as to 

3 amended. ^^^^ . u ^j^.^^ ^j,g ^^r^y^y ^f ^r^[(^ ^^^y e|j,^l] Jj^^^^q power tO hold 

an inferior local court within said city, and shall, as such 
court, have exclusive jurisdiction in all cases arising 
under the charter and ordinances of said city, with power 
to impose tines and forfeitures arising under the charter and 



CITIES — NEW PRIVILEGES. 235 

ordinances of said city, and to adjudge and determine upon 
all questions of nuisance or nuisances within the city limits, 
and to abate such nuisance or nuisances; and to have ju- 
risdiction, within the county of Shelby, in all actions of 
debt, assumpsit and trespass to property, both real and per- 
sonal, when the amount claimed does not exceed one hun- 
dred dollars ; and said court shall at all times be open for 
the transaction of business. Said mayor shall have power Duty of mayor, 
to issue process and the same shall be returned as in ac- 
tion brought before justices of the peace, and appeals may 
be taken from the judgments of said court the same as from 
the judgments of justices of the peace; and all transcripts 
taken from the records of said court, and duly certified by 
the mayor, upon being filed in the office of the clerk of the 
circuit court of Shelby county, Illinois, shall be entered of 
record in the ofhce of said clerk, and, from the time of filing, 
the same shall be a lien on all real estate of the judgment 
debtor the same as judgments rendered in the circuit court ; 
and said clerk shall have power and authority to issue exe- 
cution thereon the same as on judgments of the circuit court, 
and the fees of said mayor shall be the same as those of the 
clerk of the circuit court for similar services." 

§ 2. That the first section of the second article of said 2 amended^ *'*' 
charter be amended, so as to read, "There shall be a city 
council, to consist of a mayor and four councilmen — the 
ma^^or to be elected by the legal voters of said city on 
the first Monday in April, in the year 1869, and on the first 
Monday in April ever}"- four years thereafter, and the board 
of councilmen shall be elected by the qualified voters of 
said city at the same time and place; and two of said coun- 
cilmen, so elected, shall hold their offices for two years and 
two for one year, and until their successors are duly elected 
and qualified. At each succeeding election, there shall be 
two councilmen elected, who shall hold their offices for the 
term of two years and until their successors are duly elected 
and qualified. Said election to be held annually on the 
first Monday in April. At the first election, to be holden 
on the day and year aforesaid, the two councilmen receiv- 
ing the greatest number of legal votes cast at such election 
shall be declared duly elected for the term of two years, 
and the two councilmen receiving the next largest number 
of legal votes shall be declared duly elected for one year. 
And there shall also be elected, by the qualified voters of 
said city, on the day first mentioned in this section, and on 
the first Monday of April, in each year thereafter, a super- 
visor of streets, who shall hold his office for the term of one 
year from the time of his qualification, as provided by or- 
dinance -of said city, and until his succcessor is duly elected 
and qualified — subject to removal by the city council for 
gross and willful neglect of duty : J^rovided^ that before any 
such removal notice shall b^ given to such officer of the 



236 CITIES — NEW PBIVILEGE3. 

causes of his removal: And, provided^ fuHher^ that in 
case of the removal of Buch officer, the city council shall 
have authority to appoint a suitable person to serve for the 
unexpired term." 
Section 5, srt. § 3. That section fifth, of article fourth, of said charter, 
4, ameuded. i^q and the same is hereby amended, so as to read, " To 
make all necessary regulations to secure the health of the 
inhabitants ; to declare what shall be a nuisance, and to 
prevent and remove the same; and shall be required to 
make provision for the support and assistance of all poor 
persons who have resided in the city for six months next 
before the time of making application for such support and 
assistance : Provided, that said city shall not be taxed for 
the support of the poor outside of the city limits. And said 
city council shall have full power and authority to declare, 
by ordinance, all persons of idle and dissolute habits, and 
who have no visible means of support, found within'said 
city, vagrants, and to provide for punishing them as such 
by compelling them to labor upon the streets and sidewalks 
of said city, or by inprisonment in the county jail or city 
prison." 
Fines and pen- § 4. That all fiues and forfeitures levied and collected, 
either before the mayor, justices of the peace or in the cir- 
cuit court, for offenses commited or charged to have been 
committed within the city limits of the city of Shelbyville, 
shall be paid into the city treasury ; and this section of this 
act shall apply to cases that are now pending or offenses 
that have been committed, where the fines and costs have 
not been paid, as well as those that may hereafter arise un- 
der the charter and ordinances of said city or the general 
laws of the state. 
fo/^puWicTm! § ^* That the city council of said city shall have power, 
provements. for the purpose of enabling said city to keep up and main- 
tain said city government, and to improve the streets, alleys, 
sidewalks, public grounds, and for other purposes, to issue 
the bonds of said city, not to exceed in any one year the sum 
of five thousand dollars, and to levy and collect such taxes, 
annually, as will be sufficient to pay off' and discharge 
such bonds so issued under this act, as aforesaid : Provided^ 
hov^ever, that no such bonds shall be issued, nor a tax ex- 
ceeding five mills on the dollar levied, in any one year, 
for the purposes contemplated under this section, without 
the question of such indebtedness and tax first having been 
submitted to the legal voters of said city of Shelby ville, and 
adopted by a majority thereof. 
iic?MSmu! § ^- T"^^^ ^^ ®^^^^ annual election, held on the first 
ted to voters. Monday of April, for the election of councilmen, as afore- 
said, within and for said city, the following question shall 
be submitted to the legal voters of said city, to be voted on 
at said election: "For license," "Against license;" and it* 
at any such election, a majority of the legal voters voting 
at Buch election shall vote la favor of license, then the city 



OITlES — ^NBW PRIVILEGES. 237 

council of said city sliall license the sale of vinous, malt and 
spirituous liquors in said city, for the year ending on the first 
Monday of May, or as soon thereafter as the new board of 
councilmen elected on the first Monday of April, previously, 
shall be qualified. 

§ T. And if there is not a majority of the legal voters, when majority 
voting at such election, for license, then the city council y^g°'®'^^^*^*'*"^" 
shall have no power to grant license, for one year, for the 
sale of vinous, malt or spirituous liquors ; and the selling 
of vinous, malt or spirituous liquors, without a legal license, 
in any quantity or quantities less than one gallon, at any 
one sale, within the city limits or within one mile of the 
centre of said city (except in the town of Moulton), is here- 
by prohibited, and any person or persons who shall, by him, 
her or themselves, or their servant or agent, sell or give 
away any vinous, malt or spirituous liquors, or cause the 
same to be sold or given away, within said limits, in less 
quantities than one gallon at a time, as aforesaid, shall, 
on conviction thereof, for each offense, forfeit and pay to 
said city not less than fifty nor more than three hundred 
dollars; and two or .more offenses may be included un- 
der one prosecution, and the mayor shall have power to 
commit the person or persons, so convicted of the oftense 
aforesaid, to the jail of the county or to the city prison, 
until such fine and costs are paid : Provided, that any 
druggist or druggists keeping drugs for sale may sell 
vinous, malt or spirituous liquors in less quantities than one 
gallon, at a time, for medicinal or mechanical purposes — 
such liquors not to be drunk on the premises where sold — 
upon such druggist or druggists executing to said city a 
bond in the penal sum of one thousand dollars, conditioned 
that he or they will not sell the same except for medicinal 
or mechanical purposes, with security to be approved by 
the mayor of said city, and by taking and subscribing an 
oath, to be indorsed on said bond, that he or they will not 
suffer to be sold, by his servant or agent, any vinous, malt 
or spirituous liquors, knowing, or having reason to believe, 
at the time of such sale, that the same is purchased by the 
party receiving the same of such druggist to be used for other 
and difierent purposes than those enumerated as aforesaid 
in this act: And ^])romded, further, that if such druggist 
or druggists, after taking the oalh aforesaid, shall know- 
ingly and willfuly violate the same, he or they shall be 
deemed guilty of perjury and, on conviction thereof, pun- 
ished accordingly. 

§ 8. If any person or persons shall represent to any Penalties for 
druggist or druggists that he or she is desirous of pur- ^g^^^^epreBenta- 
chasing aay vinous, malt or spirituous liquors for medici- 
nal or mechanical purposes, and upon such represen- 
tation shall obtain from such druggist or druggists the 
same, and such representation shall be falsely made, then 



23 8 CITIES — NEW PETVILEGES. 

such person or persons, so making such false representa- 
tions, shall, on conviction thereof, be fined in any sum not 
less than twenty nor more than one hundred dollars — said 
tine to be collected by the mayor in the name of said city. 

Divide city into § 9. The present or any future city council of said city 

wards. shall have power, by ordinance or ordinances, to divide the 

city into four wards, and shall provide for the election of 
one councilman for each ward ; and said wards, when so laid 
off as aforesaid, shall be as nearly equal as practicable, so that 
every part of said city shall be equally represented in said 
council. Said city council shall, by ordinance, have power 
to prescribe the time and manner of holding elections in 
each ward, when said city shall be laid off into wards as 
aforesaid. 

vasrants, etc. g iQ, The city council shall have power, by ordinance, 
to punish vagrants, and street beggars, and to restrain, pun- 
ish and prohibit the running at large of horses, mules, cat- 
■ tie, sheep, hogs and goats, and to authorize the impounding 
and sale of the same for the costs of the proceedings and 
the penalties incurred ; and to provide for the punishment 
of otfenders in the county or city jail or by requiring them 
to work on the streets, alleys and sidewalks of said city, in 
cases where such ofiender or offenders shall fail or refuse to 
pay any tine or forfeiture recovered or adjudged against him 
or thein; and to tax, restrain and prohibit the runniLig at 
large or the keeping within said city of dogs, and to author- 
ize 'their destruction when at large in said city contrary to 
ordinance or ordinances. 

re°eaied^°" "^^ § ^^- -^^^ Other acts or parts of acts inconsistent with 

the provisions of this, be and the same are hereby repealed ; 

When act to and this act shall be taken and deemed a public act, and 

vake effest. ^^ .^ forcc from and after its passage. 
Approved April 9, 1869. 



1" ^'■ce March ^^ ACT to amend an act entitled "An act to amend an act entitled 'an 
' ' act to incorporate the city of Sparta, in Kandolph county.' " 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois, represented in the General Assembly, That section 
se:. 4 repealed, four of "An act to amend an act entitled 'an act to incorpo- 
rate the city of Sparta, in Randolph county,' " be and the 
same is hereby repealed ; and hereafter, any person shall 
be eligible to the ofiice of city recorder, in said city of 
Sparta, who, at the time of his election, shall be a citizen of 
the United States, above the age of twenty-tive years, and 
have resided in said city one year next preceding said 
election. 



CITIES — NEW PEIVILEGE8. 239 

§ 2. Section Beven of said act shall be, and is hereby see. t amended, 
amended, by adding to said section, after the word "amend- 
ment," the following words : "'and shall receive a salary of 
one thousand dollars per annum, and the said recorder shall 
quarterly make faithful report to the city treasurer of all 
costs and fines collected in said recorder's court, and after 
deducting from the gross amount of said fines and costs 
the amount of his salary due and unpaid, and rent of court 
room, not exceeding fifteen dollars per quarter, shall pay 
the remainder of all of said fines and costs to the city- 
treasurer, taking his receipt for the same, which receipt shall 
be filed with the city clerk." 

§ 3. This act shall take effect and be in force from and 
after its passage, and shall be deemed a public act. 

Approved March 29, 1869. 



AN ACT to amend the charter of the city of Springfield. In force March 

27, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That all the Fnndaof ethooi 
rights, powers and privileges, in relation to schools, school of educitio'^n."'^ 
property, real or personal, or school funds, now vested in 
the city council of the city of Springfield, be and the same 
are hereby vested in the board of education of the city of 
Springfield, to be chosen and organized as hereinafter pro- 
vided. The said board of education shall not purchase, 
lease or sell lands, or sell or build additional school houses, 
or lease or rent the same, without the consent and approval 
of the city council of the city of Springfield. 

§ 2. The said board of education of the city of Spring- Election of the 
field shall consist of nine members, and it shall be the duty ^°^^^' 
of the city council, on the first Monday of May, A. D. 1869, 
to elect, by ballot, three members of said board, each one 
of whom shall be from a different ward, who shall serve one 
year, three members of said board, each one of whom shall 
be from a different ward, who shall serve two years, and the 
three remaining members of said board, each one of whom 
shall be from a difierent ward, who shall serve three years; 
to be taken, as near as practicable, equally from the several 
school districts of the city ; and the members so chosen 
shall compose said board until their successors are duly- 
elected and qualified. Before entering upon their duties, 
the members of the board of education shall take au oath 
to support the constitution of the United States and of the 
state of Illinois, and to properly and faithfully perform the 
duties of said office to the best interests and efficiency of 
the schools. 



240 CITIES — NEW PEITILEGES. 

Annnai election § 3. The city council of the city of SpringjBeld ehali, 

ofmembers. ^^ ^^^ ^^.g^ Monday of May, A. D. 1870, and on the first 
Monday of May, annually, thereafter, elect successors to 
those members whose terms of office are then expiring, and 
> the persons so elected shall hold their offices for three years 
and until their successors are elected and qualified. The 
said board of education, or the remaining members thereof, 
shall have power to fill, until the ensuing annual election, 
all vacancies in said board occasioned by death, resigna- 
tion, disqualification, failure to elect, or removal from said 
district : Provided^ no member of the city council, or any 
person holding office under the city, whether elected or ap- 
pointed, shall be a member of the board of education. 

Board to report § 4. It shall be the duty of said board of education to 

to council. report to the city council of the city of Springfield, at their 
regular meeting in the month of June, 1869, and annually 
thereafter, the amount of money needed and required for 
public school purposes in said city of Springfield, for the 
fiscal year, commencing the first Monday of September 
succeeding such report. 
Levy and col- § 5. The city couDcil of Said city of Springfield shall 

lection of taxes, thereupon levy and cause the same to be collected, the said 
amount of money so reported by the board of education, on 
all the real and personal property of said city according to 
the assessment and valuation thereof, and the same shall be 
collected by the collector of said city the same as other city 
taxes are collected. The collector shall keep a separate ac- 
count of the same, and shall pay said taxes to the city treas- 
urer, to be nsed and applied for public school purposes. 
Dishnrsement § 6. All school funds paid mto said treasurer, or com- 

of funds. jj^g ^j^tQ ]^jg hands, shall be paid out only on the order of the 

board of education, signed by the president and attested by 
the signature of the secretary of said board of education ; 
and for the payments made, receipts shall be taken and filed 
by said secretary and treasurer, and said orders and receipts 
shall show the purposes for which, and on what account 
said orders were drawn. 

Organization. - § 7. It shall be the duty of the said board of education, 
immediately after each annual election, to meet and organ- 
ize by electing one of their number president, and the super- 
intendent of schools shall be, ex officio, secretary of said 
board, and a majority of said board shall constitute a quo- 
rum for the transaction of all business. 
Conflicting § 8. All prior acts or parts of acts inconsistent with the 

acts repealed, proyjgions of this act, are hereby repealed ; and this act is 
When act to hereby declared a public act, and shall take efi"ect and be 

take effect. ^j^ force from and after its passage. 
Approved March 27, 1869. 



CITIES — NEW PRIVILEGES. 



^41 



AN ACT to amend the charter of the city of Springfield. In force March 

29, 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the streets and 
city council of the city of Springfield be and the same is ^^'^'^^^I'^s- 
hereby vested with power to cause the paving of the streets, 
and the construction of sidewalks within the corporate lim- 
its of said city ; and in the exercise of such power said coun- 
cil shall, by ordinance or order, provide when and where 
any such improvement shall be made, the character and ex- 
tent thereof, and appoint three disinterested persons living 
in said city, as commissioners, to ascertain, fix and assess 
the value of any such proposed improvements to any lots, 
blocks, or parts of lots or blocks, and tracts of land specially 
benefited thereby. 

§ 2. Such commissioners shall take such oaths as said tJ?^^ o£^^^ 
council shall prescribe, and shall go to the locality of such 
proposed improvement, and ascertain and determine what 
lots, blocks or parts of lots, blocks, and tracts of land will 
be specially benefited by such proposed improvement, and 
assess the value of such benefits to all real estate so found 
to be specially benefited by suCh improvement, and report 
the same in an assessment roll to the said council, giving 
description of the lots, blocks or parts of lots, blocks and 
tracts of land, and if known the names of the respective 
owners thereof. 

§ 3. Upon such return of said assessment roll all parties Ketum of as- 
afl^ected thereby shall be notified, by publication in some ^^^^^^"^ 
newspaper, of the time when said assessment roll will be 
considered by said council, and at such time they may ap- 
pear before said council, and make objections to the con- 
firmation thereof ; and should said council allow any such 
objections, said assessments shall be charged accordingly, 
but should no such objection be allowed, said council shall 
confirm the same, whereupon said assessment shall become 
a lien upon all property against which the same shall be 
assessed; and should the assessments so made be insuQicient 
to pay the costs of such improvement, the deficiency shall 
be paid out of the city treasury, and in no case shall such 
assessments exceed the costs of any such improvement. 

§ 4. Said city council shall provide, by ordinance.- alike conection of 
applicable to all such cases, for the collection of such assess- °®^®^^°^ 
ment, and for sale and conveyance of the property against 
which the same are assessed, should payment thereof be 
neglected or refused. 

§ 5. This act shall take effect and be in force from and 
after its passage, and shall be deemed a public law. 

Appkoved March 29, 1869. 



Vol.11— 31 



242 CITIES —NEW PEIVILEGES. 



In force Feb. 19, AN ACT to amend an act entitled "An act to charter the city of Sterling," 
1809. and the several acts amendatory thereof, 'and^to reduce|the same into 

one act. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Act reflaced. act entitled "An act to charter the city of Sterling," ap- 
proved February 16th, 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 GKNERAL POWERS. 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That the 

Corporate pow- inhabitants of that part of the town of Sterling hereinafter 

^"* described, in the county of Whiteside, in the state of Illi- 

nois, be and they are hereby constituted a body politic and 

Name and style, corporate, by the name and style of '' The City of Ster- 
ling;" and, by that name, shall have perpetual succession, 
and may have and use a common seal, which they may 
change and alter at pleasure. 

Boundar-es. § 2. All that district of country embraced in the platted 

town of Sterling, in said county, including the several 
additions thereto, as now platted and recorded in the 
office of the recorder of said county, and also all of that 
part of the south-west quarter of section twenty-two, in 
said town, which lies north of Eock river, and also all that 
part of the said town of Sterling lying between the said 
platted town and the central line of Rock river, and 
bounded on the east by the section line running between 
sections twenty-two and twenty-three, in said town, and on 
the west by the line of G street, in Wallace's addition to 
the said city of Sterling, extended southerly to the middle 
of Rock river, are hereby declared to be within the corpo- 
rate boundaries and jurisdiction of the said city of Ster- 
ling. 
Additions to § 3. Whenever any tract of land adjoining the said 
the city. ^^^y. ^^ Sterling shall be laid off into town lots, and duly 

recorded, the same shall be annexed to and form a part of 
the said city of Sterling. 
Diyieionofcity § ^- Tho city of Sterling shall be divided into three 
into wards. wards, as follows: All that" part of said city lying east of 
the central line of Broadway, extended to the north and 
south boundaries, of said city, shall constitute the first 
ward. All that part of said city lying west of the said 
first ward, and east of the center line of Locust street, ex- 
tended to the north and south boundaries of eaid city, shall 
constitute the second ward ; and all that part of said city 



CITIES — NEW PRIVILEGES. 243 

lying west of tlie said center line of Locust street sliall 
constitute the third ward. 

§ 5. The inhabitants of said city, by the name and Powers, 
style aforesaid, shall have power to sue and be sued, plead 
and be impleaded, defend and be defended, in all courts of 
law or equity, and in all actions whatsoever; to purchase, 
receive and hold property, both real and personal, in said 
city ; to purchase, receive and hold property, both real and 
personal, 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 pro- 
tect such property ; and to do all other things in relation 
thereto as natural persons can. , 

ARTICLE II. 

OP tHB CITY OOCKOIL. 

Section 1. There shall be a city council, to consist of a city couucii. 
mayor and board of aldermen. 

§ 2. The board of aldermen shall consist of two mem- Qualifications 
bers from each ward, to be chosen by the qualified voters ^°'^ ^ e'^^^- 
thereof, for two years, and until others shall be duly elected 
and qualified : Provided, that each ward shall be entitled 
to one additional alderman to each two hundred legal voters 
residing therein, who shall be elected and hold office as 
above provided. 

§ 3. ISTo person shall be alderman, unless, at the time Removal from 
of his election, he shall have resided six months within °^'^^' 
the city limits, and shall be, at the time of his election, a 
a resident of the ward for which he is 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 office shall 
thereby be vacated. 

§ 5. The city council shall [be the] judge of the qualifi- |Retnrnsofeiec. 
cations and elections and returns of their own members, 
and shall determine all contested elections. 

§ 6. "Whenever there shall be a tie in the election of Tie vote, how 
mayor, alderman, or other elective officer, the city council ^'^'"'^'^ • 
shall determine such election by lot. 

§ 7. A majority of the board of aldermen shall consti- Quorum. 
tute a quorum to do business, but a smaller number may 
adjourn from day to day, and compel the attendance of 
absent members. 

§ 8. The city council shall have power to determine the Rnies or pro- 
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- ^j.^^'J^^J^'^J °^ 
ceedings, and, from time to time, publish the same in ^'^°'^'^^ ^^^' 



24:4: 



CITIES — NEW PEIVILEGES. 



some newspaper published in said city, to be designated by 
resolution of the city council as the corporation newspaper. 
And the yeas and nays, when demanded by any member 
present, shall be entered on the journal of proceedings. 

ap^omte?™ § ^^- ^^ alderman shall be appointed to any office 

fite 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 elected. 

flTiedf" ^''"'^"'^ § 11. All vacancies that shall occur in the board of 
aldermen shall be filled by election. 

Oath oi office. § 12. The mayor and each alderman, before entering 
upon the duties of their respective offices, shall take an 
oath or make affirmation, and subscribe to the same, 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 offices, to the best of their skill and ability. 

Meetings. § 13. There shall be twelve stated meetings of the city 

council in each year, at such times and places as may be 
prescribed by resolution of the board. 

ARTICLE III. 

OF THE MAYORALTY. 

of'^Sr'o?"^^^ Section 1. The chief executive officer of the city shall 
be a 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 qualified. 

offic?'^'^''^ to § 2. Wo person 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, or who shall be under twenty- 
one years of age, or who shall not, at the time of his elec- 
tion, be a citizen of the United States. 

Office vacated. § 3. If any mayor shall, during the time for which he 
shall have been elected, remove from the city, or be absent 
from the city for the space of three months, his office shall 
be vacated. 

vacftncies filled § 4. Whenever any vacancy shall happen in the office 

by election. ^f ^^^^^^^ -j. ^^,^^^ ^^ ^'j,^^ ^^ election. 

Presiding officer ^ g 5. The mayor shall preside at all meetings of the 
city council, and shall have a casting vote, and no other. 
In case of non-attendance of the mayor at any meeting of 
the board of aldermen, they shall appoint one of their own 
members chairman, who shall preside at such meeting. 
Special meet^ § G. The mayor, or any two aldermen, may call special 

^^^^' meetings of the city council. 

Execute all acts. § 7. The mayor shall at all times be vigilant in enforc- 
ing the laws and ordinances for the government of the 
city; and he is hereby authorized 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 
rioty to call out the ipilitia to aid in Buppressing the same, 



CITIES — ^NEW PEIVILEGES. 245 

or carrying into effect any law or ordinance ; and any per- 
son who shall not obey such call shall forfeit to the said city 
a fine not exceeding fifty dollars. 

§ 8. He shall have power, whenever he may deem it ^Requirements 

"^ ^ . ,,- '^ f. , T . 1 -^ of officeholders. 

necessary, to require of any oincer ot the said city an ex- 
hibit of his books and papers. 

§ 9. He shall have power to execute all acts that may Duty of mayor, 
be required of him by any ordinance made in pursuance 
of this act. 

§ 10. He shall be commissioned by the governor as b^th^^ovemor^- 
mayor of the city, and, as such, shall be a conservator of 
the peace in said city, and shall have power and authority 
to administer oaths, to perform the marriage ceremony, to 
take depositions, the acknowledgment of deeds, mortgages 
on realty, and all other instruments of writing, and certify 
the same under the seal of the city, which shall be good 
and valid in law ; and he shall receive the same fees for 
such services as are allowed the county clerk for similar 
services. 

§ 11. He shall also have such jurisdiction as may bo jurisdiction of. 
vested in him by ordinance of the city, in and over all 
places within three miles of the boundaries of the city, for 
the purpose of enforcing the health ordinance, and the 
regulation thereof. 

§ 12. He may also, upon any emergency or riot, pesti- ^ '^Pif°emen^'^* 
lence, or during any day of public election or celebration, ° ^° cemen. 
appoint as many special policemen from among the citizens 
of Sterling as he may deem advisable, and for a specified 
time; and during such term of service they shall possess 
all the powers and privileges and perform all the duties of 
policemen. 

ARTICLE IV. 



Section . On the first Monday of March, 1869, an fijjf*^°°'°^°^- 
election sha.. oe held in each ward in said city for a mayor 
of said city, one city treasurer, one police justice of said 
city, and one alderman for each ward, tofiUtheplaceof the 
alderman whose term of: office expires next after that date, 
and also to fill any vacancy in the number of aldermen to 
which such ward may be entitled. And forever thereafter, 
on the first Monday of March in each year, there shall be 
an election held in each ward of said city, for a mayor of 
said city, one city treasurer of said city, and for so many 
aldermen in each ward as shall be necessary to fill the 
places of those whose terms of office then expire, and to till 
any vacancy that may then exist. And on the first Mon- 
day of March of every fourth year there shall be an election 
for one police justice for said city. And the several per- 



tion, 



246 CITIES — ^NEW PEIVILEGES. 

SOUS 60 elected shall hold their several offices until their 
successors are elected and qualified, as herein provided. 
Judges of eiec- § 2. The citj council shall designate the places at which 
all city elections shall be held, and shall appoint the judges 
or inspectors and clerks of such elections, and provide for 
giving notice for the same, and shall designate the time of 
holding all special elections. 
Quaiiflcatious § 3. All male inhabitants over the age of twenty-one 
of 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 : Frovided, that said voters shall give their 
votes, in all city 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. 
Manner of vo- § 4. The time, manner of opening, conducting and 
durtinl^*^ eiec- closiug said clcctions, and the several privileges and liabili- 
tions. ties appertaining to the 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 applica- 
ble, subject to the provisions of this act. 
Keturuofpou g 5, As soon 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 city council shall pro- 
ceed to canvass said votes, and certify the election of the 
several persons receiving the highest number of votes for 
the respective offices hereinbefore named and provided for. 
The clerk of said city shall, immediately thereafter, certify 
to the county clerk of the said county of Whiteside the 
election 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 the 
state, in the same manner as now directed to be done for 
justices of the peace elected for the county. 
May declare 8 6. If any person elected at any election shall not 
quality, by taking the oath ot omce and giving bond, as re- 
quired, within twenty days after said election, the office to 
which he was elected shall be declared vacant and a new 
election ordeTred : Frovided, that those officers who are to 
be commissioned by the governor shall have ten days with- 
in which to qualify after the notice of the issuing of such 
commission. 
Vacancy, how § 7. In casc of vacaiicics occurring in any of the elective 
offices of said city, thereby rendering it necessary to call a 
special meeting or election to till the same, it shall be law- 
ful, at such meeting or election, to use the registry books 
made for the last regular election in and for said city, and 



office vacant. 



filled. 



CITIES — NEW PRIVILEGES. 247 

it shall not be necessary to make a new registry for any 
such special meeting or election. 

ARTICLE V. 

APPOINTMENTS, 

Section 1. The city council of the city of Sterling shall of ^mff ""^"^ 
have the power, by resolution, to appoint a city marshal, a 
city collector, a city clerk, a city attorney, a city assessor, 
a city street commissioner, policemen and such other city 
officers as they may deem expedient, and regulate their sal- 
aries and fix the same as they may think best, and in ac- 
cordance with the services performed by said officers ; and 
the city council may remove any of said officers at their 
pleasure. 

§ 2. To require of all officers appointed in pursuance of ^^^^^^^ J^ 
this charter to give bonds, with penalty and security, for sbcurity. 
the faithful performance of their respective duties, in such 
sums as may be deemed expedient ; and, also, to require 
all officers of said city to take an oath or make affirmation 
for the faithful performance of the duties of their respective 
offices, before entering upon the discharge of the same. 

ARTICLE VI. 

POWERS AND DUTIES OF CEP.TAIN OFFICERS. 

Section 1. The city marshal shall perform such duties city marshal, 
as shall be prescribed by the city council for the preserva- 
tion of the public peace. He shall have authority and 
power to execute, anywhere within the county of White- 
side, all processes issued by said police justice of said city, 
or other magistrates within said city. He shall possess the 
powers and authority of a constable at common law under 
the statutes of this state, and receive like fees, and shall 
give bond, as constables are required by law to give— which 
bond shall be filed in the office of the county clerk. 

§ 2. It shall be the duty of the city collector to collect ^^f^^}l^l°^ "'' 
all taxes and assessments which may be levied by said city, 
and perform such other duties as may be herein prescribed 
or ordained by the city council. The said collector shall, 
on receipt of the same, pay over all moneys collected by 
him of any person or persons to the city treasurer, taking 
his receipt therefor. 

§ 3. The said city collector shall make report, in wri- J^^^^^^^il^l":' 
ting, under oath, to the city council or to the finance com- 
mittee, whenever required and notified so to do, of the 
amount of all moneys collected by him, and the particular 
warrant, assessment or account upon which collected, and 
the balance of moneys uncollected on the warrants in his 
hands. 



248 CITIES — NEW PRIVILEGES. 

Collector to § 4, TiiG collector shall give bonds, with sureties, in an 

give bond. amount to be fixed by the city council — which bonds shall 
be approved by them and filed in the clerk's office and en- 
tered on record. 

Duties of clerk. § 5. The city clcrk shall keep the corporate seal, make 
a record of the proceedings of the city council, at whose 
meetings it shall be his duty to attend. He shall also re- 
cord all ordinances, resolutions and orders passed by the 
said city council, and in force, in a record book provided 
for such purpose, with complete indexes. 

City attorney. § 6. The city attorney shall conduct all the law busi- 
ness of the corporation or in which the city shall be inte- 
rested, when so ordered by the council. He shall furnish 
written opinions upon subjects submitted to him by the 
council, when required to do so, and perform such other 
duties pertaining to his office as may be prescribed by ordi- 
nance or resolution. 

Assessor. § 7. The city assessor shall perform all the duties in 

relation to the assessing of property for the purpose of levy- 
ing the taxes imposed by the city council. In the perform- 
ance 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. 
Duties of the § 8. The city treasurer shall receive all moneys belong- 

treasnrer. j^g ^^ ^^^ ^j^^^ ^^^ gj^^^l j^^^p ^^ accuratc 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 treas- 
ury warrant, signed by the mayor, or by 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 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 accounts shall be filed in the office of the 
clerk. 
street commis § 9. The Street commissioner shall superintend all local 
Bioner.dutyof. JQ^pi-ovements in the city, and carry into effect all orders of 
the city council in relation thereto. It shall be his duty to 
superintend and supervise the oj)ening of all streets and 
alleys and the grading and improving thereof; the con- 
struction and repairing of bridges, culverts and sewers; 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 appropria- 
tions made for work pertaining to his office, and all dis- 
bursements thereof, specifying to whom made- and on 
what account — and he shall render monthly accounts there- 
, of to the city council. 



CITIES — NEW PEITILEGES. 



2iQ 



§ 10, The policemen of said city of StorliR^ shall pos- Powers of city 
sess, within said citj, all the common law and statutory ^° ^^™^°- 
powers of constables, except for the service of civil process 
where the city is not a party. They shall also have power 
to perform all such duties appertaining to the office of po- 
liceman as shall be imposed upon them by the city council. 

§ 11. The police justice elected in pursuance of the pro- co^°^fgVoned^° 
visions of this act shall be commissioned by the governor by governor, 
as a justice of the peace for said city, and as such shall 
have power and authority to administer oaths, issue writs 
and processes, take depositions, acknowledgments of deeds, 
mortgages and other instruments of writing. He shall 
have jurisdiction in all cases arising under ordinances, by- 
laws and police regulations of the city, and concurrent 
jurisdiction with all other justices of the peace in all civil 
and criminal cases within the county of AVhiteside, arising 
under the laws of the state, and shall receive the same fees 
and compensation for his services as other justices of the 
peace of the county. 

§ 12. The city council shall have power, from time to t^™{.^J?.J^'^^' 
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 specified. 

ARTICLE VII. 

op THE LEGISLATIVE POWERS OF THE CITY COUXCIL. 



lect taxes. 



Section 1. The city council shall have power and Levy ana coi- 
authority to leyj and collect taxes tor city purposes upon 
all property, real and personal, within the limits of the city, 
not exceeding one-half of one per cent, per annum upon 
the assessed value thereof, and may enforce the payment of 
the same in any manner, to be prescribed by ordinance, not 
repugnant to the constitution of the United States or of this 
state. Said city council may, however, levy and collect a 
tax, for city purposes, greater than one-half of one percent.: 
Provided^ that the same be done with the consent of a ma- Kateoftasdtion 
jority of the legal voters of said city voting at a general 
election, or a special election ordered for such purpose. 

§ 2. The city council shall have power to borrow money May borrow 
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 ; and the 
aggregate of all the sums borrowed, both principal and 
interest, shall at no time exceed the sum of three thousand 
dollars, unless otherwise ordered by a majority of the legal 
voters of the city voting at a general election, or at a special 
election called for that purpose. 



Vol, 11—32 



250 CITIES — NEW PRIVILEGES. 

Appropriations. § 3. To appropriate money for improvements, or to 

provide for the payment of the debts and expenses of the 

city. 
Contagions die- § 4. To make regulations to prevent the introduction 
eases. ^f contagious discascs into the city, to make quarantine 

laws for that purpose, and enforce the same within three 

miles of the city. 
Hospitals. § 5. To establish hospitals and make regulations for the 

government of the same. 
General health. | 6. To make regulations to secure the general health 

of the inhabitants ; to declare what shall be a nuisance, and 

to prevent and remove the same. 
Wells, hydrants §7. To provide the city witli Water *, to erect hydrants 
and cisierns. ^^^ pumps ; to build cisterns and dig wells in the streets 

for the supply ot fire engines and buckets. 
Improvement § 8. To Open, alter, widen, extend, establish, grade, fill, 
of streets. pavc, macadauiizc, plank, or otherwise improve and keep 

in repair, streets, avenues, lanes and alleys, sidewalks, 

drains and sewers. 
Bridges. § 9- To establish, erect and keep in repair bridges. 

Lighting streets § 10. To provide for lighting the Streets and erecting 

lamp posts. 
Night watches. §11. To establish, support and regulate night watches. 
Markets and § 12. To erect market hoiises ; to establish markets and 
maiket houses, jj^arket places, and to provide for the government thereof. 

Needfuibniid- § 13. To provide for all needful buildings for the use of 
^°s«- the city. 

Improving § 14. To provide for inclosing, improving, ornamenting 
public grounds. ^^^ regulating all public grounds belonging to the city. 

Merchantsand § 15, To license, tax and regulate auctioneers, mer- 
retaiiers. chants, pcddlcrs, retailers, grocers, taverns, ordinaries, 

hawkers, brokers, pawnbrokers and money changers. 
Hackmenand § 16. To license, tax and regulate hacks, carriages, 
draymen. wagons, carts and drays, and fix the rates to be charged for 

the carriage of persons, and for the wagonage, cartage and 

drayage of property. 
Porterage. § 17. To liccnsG and regulate porters and the rates of 

porterage. 
Exhibitions. § IS. To license, tax and regulate all theatrical and 

other exhibitions, shows and amusements. 
Bawdy houses. § 19. To restrain, prohibit and suppress tippling houscs, 

dram shops, gambling houses, bawdy houses and other dis- 
orderly houses. 
Extinguishment § 20. To provide for the prevention and extinguish- 
of tires. ment of fires, and to organize and establish fire compa- 

nies. 
Chimneys, etc. § 21. To regulate the fixing of chimneys, and to fix the 

flues thereof. 
Unsafe build- § 22. To regulate or prohibit tlie erection of wooden 
^^"' buildings in any part of the city. 



CITIES — NEW PRIVILEGES. 251 

§ 23. To regulate the storage of gunpowder, tar, pitch, combuBtibies. 
rosin, oils and other combustible materials. 

§ 24. To regulate and order parapet walls and partition ^U^^r^Pl^a'^^"^ 
fences. 

§ 25. To establish standard weights and measures to be .standard 
used in the city in all cases not otherwise provided for by measures. 
law, and to order all laws upon the subject to be enfor9ed, 
and to fix and enforce payment of fines for non-compliance 
with any such order. 

§ 26. To provide for the inspection and measuring of inspection of 
lumber and other building materials, and for the measur- °'^^^'^- 
ing of all kinds of mechanical works. 

§ 27. To provide for the inspection and weighing of iia^°®Pf^*^°? °* 
stone-coal, the measurement of charcoal, fire wood and coai. ^^ 
other fuel to be used in said city. 

§ 28. To provide for and regulate the inspection of to- Beef, porkand 
bacco, beef, pork, flour, meal, and whiskey in barrels. °'^^' 

§ 29. To provide for and regulate the inspection of but- Bntter.iard.etc. 
ter, lard, and other provisions. 

§ 30. To regulate the weight and quality of bread to be P^ce of bread, 
sold in the city. 

§ 31. To regulate the size of bricks to be sold and used siz;e of bricks.i 
in the city. 

S 32, To provide for enumeratino; the inhabitants of the Enumeration 

.." ^ o of mtiabitants. 

City. 

§ 33. To regulate the police of the city; to impose Keguiatepoiice. 
fines, forfeitures and penalties for the breach of any ordi- 
nance, and provide for the recovery and appropriation of 
such fines and forfeitures, and the enforcement of such 
penalties. 

§ 34. The city council shall have exclusive power with- BiUiard taWea 
in the city, by ordinance, to license, regulate, restrain and iTys.*^^ ^^'^ ^'^ 
prohibit the keeping of billiards, billiard tables and bowl- 
ing alleys, and all other instruments and devices for other 
games of skill or chance. 

§ 35. The city council, by ordinance, shall have exclu- ^i<i^o". 
sive power to license, prohibit or reg;ulate, in any manner 
they see fit, the selling, bartering or trafficking of any wine, 
rum, gin, brandy, whiskey, malt liquor, strong beer, ale, 
porter, mixed liquorp, or any intoxicating liquors whatso- 
ever, within said city and within one mile of the city lim- 
its, north of said Rock river. 

§ 36. To regulate the running at large of dogs, and au- iJ^^S'aoH 
thorize the destruction of the same if at large, contrary to 
ordinance. 

§ 37. To prevent horse-racing or immoderate 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 or otherwise, 
whenever standing in the streets of said city. 



dren. 



252 CITIES — NEW PEIVILEGES. 

Kunning at § 38. To regulate, restrain or prohibit the running at 
Lnd cattie!'^^^^^ large of horses, cattle, asses, mules, swine, sheep, goats and 
fowls, and to authorize the distraining, impounding and sale 
of the same for the penalty incurred, and to impose penal- 
ties on the owners thereof for a violation of any ordinance 
in relation thereto. 

^ Destitute cMi- § 39. To authorize and direct the taking up of all chil- 
dren, destitute of proper parental care, and to provide for 
the safe-keeping and education of the same for such time 
as may be deem expedient. 

Breweries, etc. § 40. To direct the location and regulate the manage- 
ment and construction of distilleries, breweries, tanneries, 
blacksmith shops, founderies, livery stables and packing- 
houses not already built ; to direct the location and regu- 
late the management and construction of, and to restrain, 
abate r.nd prohibit slaughtering establishments, establish- 
ments for rendering or straining 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 within the city, 
and to the distance of one mile from the limits of the city 
on the north side of Rock river. 

Railroad tracks g 4-1. To require railroad companies to keep in repair 

and crossings. ^^^ 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 
])rohibit 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 por- 
tions of the city. 

y incnmberiug § 42. To prcvcut the incumbering of streets, sidewalks, 
lanes, alleys and public grounds, with carriages, carts, 
sleighs, sleds, wheelbarrows, boxes, lumber, timber, fire- 
wood, posts, awnings, signs, or any substance or material 
whatsoever. 
Ice and dirt § 43. To compcl all pcrsous to keep the snow, ice and 

fromeidewaiiis. j-^.,. ^^.^^^ ^^^ sidcwalks in front of the premises owned or 
occupied by them. 

fityjaii. § 44. To provide and maintain a city jail or lock-up 

for the use of said city, and to provide, by ordinance, for 
the punishment of offenders by imprisonment therein. 
Riots, affrays, § 45. To prevent any riot, noise, disturbance, disorderly 

noises, etc. assemblages, disorderly conduct, breach of the peace or 
malicious mischief within the city, and to restrain and pun- 
ish vagrants, mendicants, street beggars and prostitutes. 
General pow- § 40. The city council shall have power to pass, pub- 

ersoicouncu. j^^j^^ amend and repeal all ordinances, rules and police 
regulations, not contrary to the constitution of this state or 
of the United States, for the good government, peace and 
order of the city, and the trade and commerce thereof, or 



CITIES — NEW PRIVILEGES. 253 

that may be necessary or proper to carry into efiect the 
powers vested by this act in the corporation, the city gov- 
ernment, 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, pen- 
alties and imprisonment in the city lock-up, in the dis- 
cretion of the court or magistrate before whom conviction 
may be had. But no fine or penalty shall exceed one hun- 
dred dollars, or the imprisonment four months, for any 
offense. 

§ 47. The city council shall have power to provide, by ^ndSSuuz 
ordinance, that all taxes levied, assessed and collected un- 
der and by virtue of the provisions of this act, shall be 
assessed and collected by the same assessor 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 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 in- 
form 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 of said county clerk 
to carry out 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 resident or non-resi- 
dent, 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 bo paid over by the collector to 
the treasurer of said city at the same time that the county 
revenues is required to be paid over to the county. Any 
court which shall render judgment in said Whiteside coun- 
ty against lands and lots in said city, for non-payment of 
taxes due the state and county, shall, at the same time, in- 
clude in the same judgment any and all taxes which may 
be due said city on any such property. 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 of land, and one-half cent on each per- 
son's name assessed for personal property, to be paid out 
of said city tax when collected. The collector shall receive Fees of collector 
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 being paid out of 
the taxes when collected. 



264: CITIES — NEW PKIVILEGES. 



ARTICLE VIII. 

PUBLIC IMPEOTEMENTS. 

Private proper- SECTION 1. "When it sliall be necessary to take private 

ty for public use pj,Qpgj.|-y f^j, opening, Widening, or altering any public 
street, lane, avenue or alley, or for making any other im- 
provement in said city which the city council of said city 
are by this act authorized to make, the city shall make a 
just compensation therefor to the person whose property is 
taken ; and if the amount of said compensation cannot be 
agreed upon by the parties, the city council shall appoint 
three disinterested freeholders of the city to ascertain and 
report the same to the city council. 
Duties of com- § 2. The Commissioners so appointed, before proceed- 

missioners. .^^ ^^ asscss such Compensation, shall be sworn to assess 
the same fairly and impartially, and in ascertaining the 
amount of such compensation, they shall take into consid- 
eration the benefits, as well as the injuries, which such 
owner will receive by the making of such improvement. 
The amount of compensation agreed upon and reported by 
the said commissioners, or any two of them, shall be 
deemed and taken as the just compensation to be made to 
such owners: jP/'ovided, that the city council may revoke 
the amount agreed upon and reported by said commission- 
ers within ten days from the time such report is made, and 
appoint three other commissioners, who shall proceed to 
assess and report such compensation, as above provided, 
and whose report shall be deemed and taken as the just 
compensation to be made to such owner. Whenever the city 
council shall determine to make any of the improvements 
mentioned in section 8 of article 7, hereof, they shall have 
power to assess each lot, or parcel of land, to be benefited 
by such improvement, the amount of the special benefit 
each will derive from such imorovement, charging the same 
upon such lot or parcel of land ; and such amount may 
be collected at the same time and in the same manner as 
other city taxes, or ,the said city council may, by ordi- 
nance, provide for the collection, and may enforce the pay- 
ment of the same in any manner not repugnant to the 
constitution and laws of the United States, or to the consti- 
tution of this state. 

Damages.' § 3, If any party interested in the assessment of dama- 

ges or benefits provided for in this article shall be dissatis- 
fied with the same, such ])arty may appeal the same to the 
circuit court of Whiteside county, by executing and filing 
with the clerk of court, within ten days after being notified 
of such assessment, an appeal bond with responsible secu- 
rities, to be approved by said clerk and payable to the peo- 
ple of the state, for the use of all parties interested in the 
condition ; in which bond the action or the proceeding 



CITIES — NEW PRIVILEGES. 255 

appealed from shall be recited, with conditions for the due 
and speedy prosecution of the appeal, and that the party 
appealing will pay whatevor may be required by the final 
judgment on the appeal. And in case the assessment shall 
be either lessened or increased in favor of the party appeal- 
ing, such party shall have judgment for costs ; otherwise, 
the costs shall be adjudged against such party. Notice of 
any assessment hereinbefore mentioned in this article shall 
be served in writing on the owner of the premises to 
which such assessment relates : Provided^ that in case the 
owner is an infant, the notice shall be served on the guar- 
dian, or if there is no guardian, on the infant and the per- ^ 
son or persons having it in charge ; and that in case the 
owner is of unsound mind, the notice shall be served on 
the conservator ol^such person, or if there is no conserva- 
tor, on the person or persons having such owner in charge ; 
and that in case the owner is a non-resident of the city, un- 
known, or cannot be found, such notice may be served by 
publishing the same in the corporation newspaper. 

§ 4:. The city council shall have power, for the purpose Manner of re 
of keeping the streets, lanes, avenues, and alleys in repair, ^omhf/°^oad 
to require every male inhabitant in said city, over twenty- labor ° 
one years of age and not exceeding fifty, to labor on said 
streets, lanes, avenues and alleys, not exceeding three days 
of eight hours each, in each year. And any person fail- 
ing to perform such labor when duly notified by the street 
commissioner, shall forfeit and pay a sum not to exceed one 
dollar for each day so neglected and refused, as said city 
council may provide ; and all such labor and commutation 
in money for said labor, shall be expended and laid out for 
such repairs within the respective wards ^wherein the same 
shall be assessed and collected. 

§ 5. The inhabitants of said city of Sterling are hereby Exempt from 
exempted from working on any road beyond the limits of s°d^cUy .""^ °'^'" 
the city, and from paying any tax to procure laborers to 
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. 

MISCELLANEOUS PROTISIOXS. 

Section 1. The style of the city ordinances shall be : style of ordi- 
"j&(3 it ordained ly the citij counoil of the city of Sterling y '^^'^''^^• 

§ 2. All ordinances passed by the city council shall, PabUcation of. 
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. 

§ 3. All ordinances of the city may be proved by the Proof, 
seal of the corporation ; and when printed or pubhshed in 



256 CITIES — NEW PRIVILEGES. 

book or pamphlet form, and purporting to be printed and 
published by authority of the corporation, the same shall 
be received in evidence in ali courts and places, without 
further proof. 
Books, etc., § ^- Copies of all books and papers herein required to 

evidence. ' ]je kept or filed by the city clerk, or transcripts of the same, 

duly certified by the clerk, under the seal of the city, shall 

be received in evidence in all courts and places, the same as 

if the originals were produced, and without further proof. 

jtuisdictionof § 5. The city council of said city shall have power to 

justices of peace (designate, by resolution, one or more of the justices of the 
peace of the said town of Sterling, who shall have concur- 
rent jurisdiction with the police justice of said city in any 
action or proceeding for the recovery of any fine or penalty, 
or for imposing any punishment under this act or under 
any ordinance, by-law or police regulation made in pursu- 
ance thereof. 

Summons to be § 6- In all proceedings for the violation of any ordi- 

first process. j^r^Q^e, by-law or other regulation of said city, the first pro- 
cess shall be by summons, unless oath or afiirmation be 
made for a warrant, as herein provided. 
Fines, forfeit- § V. In any action to be brought for the recovery of any 

nres.etc. penalty incurred under this act, or any ordinance, by-law 

or police regulation made in pursuance thereof, when the 
act complained of is a crime or misdemeanor, by the laws 
in force in this state, if oath or affirmation be made and 
filed with the justice having jurisdiction of such oflense, the 
justice shall issue a warrant for the arrest of such ofl:ender, 
and in such case the magistrate before whom such person 
is brought, shall have power forthwith to try the person so 
ofiending, without process, and render judgment as in 
other cases. 

Bail allowed. § 8. Every person arrested and charged with the viola- 
tion of any ordinance, shall be entitled to give bail for his 
appearance to answer such charge at any future time to 
which his case may be continued. 
Suits vested § 9. All actions brought to recover any penalty or for- 

in corporation, fgiti^i-e^ under this act, or any ordinance, by-law or police 
regulation made in pursuance thereof, shall be brought in 
the corporate name of said city, and it shall be lawful to 
declare generally in debt for such penalty, fine or forfeiture, 
stating the clause of this act, by-law, ordinance or police 
regulation under which the penalty or forfeiture is claimed, 
and to give the special matter in evidence under it. 
Proceedings § 10. In any action to be brought for the recovery of 

ma°istrate'.'°^^'^^ ^^.Y penalty incurred under this act, or any ordinance, by- 
law or police regulation made in pursuance of such act, if 
oath or affirmation shall be made and filed with the justice 
having' jurisdiction of such offense, that said defendant is a 
non-resident of the county of Whiteside, or that whatever 
judgment may be obtained against such offender will be in 



CITIES — NEW PEIVILEQES. 257 

danger of b.eiug 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 of such 
offender, which warrant may be in the same form, and the 
proceeding 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 provide 
for in sections twenty-two and twenty-three of chapter fifty- 
nine of the Revised Statutes, entitled "Justices of the Peace 
and Constables." 

§ 11. In any action commenced by said city for the re- Execution to 
covery of any penalty as aforesaid, execution may issue Ifonofjud^e^nt 
immediately on rendition of judgment against the defend- 
ant, which execution may require the said defendant to be 
imprisoned in close custody in the city jail or lock-up, one 
day for each fifty cents of such judgment and costs, in case 
property cannot be found and the said defendant do not pay 
or turn out property to secure 6uch-,judgment, and in such 
case the officer having such executi!: A shall forthwith arrest 
and imprison such offender, according to the mandate of 
such writ or execution. 

§ 12. All constables elected in the said town of Ster- 
ling, are hereby authorized and empowered to execute all 
processes by the police justice, or other magistrate of said 
city, anywhere within the said county of "Whiteside. 

§ 13. No person shall be an incompetent judge, justice, competent wit- 
witness or juror, in any action or proceeding in which the '^^^^^''• 
said city may be a party, by reason of his being an inhabit- 
ant or property holder in said city of Sterling. 

§ 14. All lines, forfeitures and penalties collected for city*?/e^a=uS^° 
offenses committed within the city, shall be paid into the 
treasury of the city, by the officers collecting the same. 

§ 15. The city marshal, policemen, and such other offi- ^e^^^enf ™"^ 
cers of said city as may be authorized by any ordinance, 
shall have power to arrest, with or without process, all per- 
sons who shall break the peace or threaten to break the 
peace, or be found violating any ordinance of the city re- 
lating to the peace and quiet of said city, commit for exami- 
nation, and if necessary, to detain such person in custody 
over night, or the Sabbath, or until he or she can be brought 
before a magistrate ; and in such case the magistrate before 
whom such person is brought, shall have power forthwith 
to try the person so offending, without process, and render 
judgment as in other cases. 

§ 16. Appeals shall be allowed in all cases arising under 
the provisions of this act, or any ordinance passed in pursu- 
ance thereof, 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 appeals are taken from and 
granted by justices of the peace to the circuit court under 
the laws of this state. 
Yol.II— 33 



258 CITIES NEW PKIVILEGES. 

§ 17. The affidavit of the printer or publisher of any 
newspaper in which any ordinance, as reqiiired by this act, 
shall be published, taken before any officer authorized to 
administer an oath, and filed with the city clerk, shall be 
conclusive ^ evidence of the legal publication of the said 
ordinance, in all courts and places. 

§ 18. This act shall be in force from and after its pas- 
sage, and is hereby declared to be a public act, and may be 
read in evidence in all courts of law or equity, without proof. 

Approved February 19, 1869. 



In force April AN ACT supplementary to an act entitled "An act to incorporate the city 
19, 1869. of Tuscola, in Douglas county, and for other purposes," passed by the 

26th general assembly. 

Section 1. Be it enacted hy the Peoinle of the State of 
Illinois, represented in the General Assembly, That all sec- 

am/pia°e°of™° ^^^^^ ^"*^ parts of sections of "An act entitled an act to in- 
corporate the city of Tuscola, in Douglas county, and for 
other purposes," passed by the twenty-sixth general assem- 
bly, and to which this is a supplement, which provides for 
the election of justices of the peace or police magistrates in 
the said city of Tuscola, for any term of office less than four 
years, be and the same are hereby so amended as to make 
the term of office of said justices of the peace and police 
magistrates four years, instead of the time limited in said 
act to which this is a supplement. 

Bounciariea. § 2. The townshij) line between township numbered 

fifteen (15) and sixteen (16) north, of range number eight (8) 
east, of the third principal meridian, shall be the southern 
boundary of the said city of Tuscola, instead of the southern 
boundary line fixed in the act to which this is a supplement. 
^ § 3, This act and the act to which this is a supplement, 
shall be deemed pubHc acts ; and this act shall take effect 
and be in force from and after its passage. 
Appkoved April 19, 1869. 



CITIES — NEW PRIVILEGES. 259 



AN ACT to reduce ftn act to charter the city of Urbana and the several In force April 
acts amendatory thereof into one act, and to amend the same. ^> 1869. 

ARTICLE I. 

or BOUNDARIES, GENERAL POWERS AND WARDS. 

Section 1. Be it enacted hy the People of the State of 
Illinois, refpresented in the General Assembly, That the dis- Boundaries, 
trict of laud in Champaign county and state of Illinois, 
embraced within the following described limits, to-wit: 
Commencing at the north-east corner of the west half of the 
south-west quarter of section nine (0), town nineteen (19) 
north, range nine (9) east of third principal meridian, and 
running thence west three-fourths (f) of a mile, thence 
north one-fourth (J) of a mile, thence west one (1) mile, 
thence south one (1) and one-half {^) miles, thence east one- • 
half (^) mile, thence north one-fourth (^) of a mile, thence 
east one (1) and one-fourth (^) miles, thence north one 
(1) mile to the place of beginning, with such other addi- 
tions of land as may be incorporated with and come under 
the jurisdiction of said city as hereinafter provided, is here- 
by created into a city, by the name of "The City of 
Uurbana." 

§ 2. The inhabitants of said city shall be a corporation corporate name 
by the name of " The City of Urbana," and by that name "°^p°^^"- 
shall have perpetual succession, to 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 and 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 boundaries of the wards as they now exist. Boundaries of 
may be, by the city council, changed,' from time to time, and 
the fity council may create additional wards, as occasion 
may require, and fix the boundaries of the same. 

§ 4, "Whenever any tf act of land adjoining the city of TJr- tjj^^^"°"^ '" 
bana shall be laid off into town lots and recorded according 
to law, the same shall be annexed to and form a part of the 
city of Urbana; which said plat, so recorded as aforesaid, 
shall be declared to be an addition to the said city, by an 
ordinance of the city council, passed for that purpose. 

ARTICLE II. 

§ 5. The municipal government of the city shall con- ^^l^^l^ ^^l^^. 
sist of a city council, to be composed of the mayor, and two men. 
aldermen from each ward. The aldermen shall be elected 
for a term of two years, but when two aldermen are elected 
from the same ward, at the same time, but one of them 
shall serve for two years, the other for one year, to be de- 



260 



CITIES — NEW PEIVILEGES. 



Eleclion 
officers. 



Term of office. 



termined by lot. The appointed officers of the corpora- 
tion shall be as follows : A city clerk, a city marshal, a city 
treasurer, a city attorney, a city street commissioner, and 
a city civil engineer, who, in addition to the duties pre- 
scribed by this act, shall perform such other duties as may 
be prescribed by ordinance, 
of § 6. All officers to be elected or appointed, under this 
act, except such as are otherwise provided, shall hold their 
offices one year, and until the election or appointment and 
qualifications of their successors respectfully, [respectively] 
and the aj^pointed officers shall be commissioned, which 
commission shall be signed by the mayor and attested by 
the clerk of the city council and the seal of the corpora- 
tion. All other officers mentioned in this act, and not oth- 
erwise specially provided for, shall be appointed by the 
city council, by ballot, on the first regular or special meet- 
ing after the election in each year, or as soon thereafter as 
may be ; but the council may specially authorize the ap- 
pointment of watchmen and policemen by the mayor, to 
continue in office during the pleasure of the city council. 
All officers elected to fill vacancies, except where specially 
provided for, shall hold for the unexpired term only, and 
when appointed to fill vacancies, until the next general 
election, or until the election or appointment and qualifica- 
tion of their successors. 

§ 7. No person shall be an alderman unless, at the time 
of his election, he shall have resided in the limit of the 
city six months, and of the ward from which he is elected, 
ten days, and shall be, at the time of his election, twenty- 
one years of age and a citizen of the United States. 

§ 8. 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 
Removal from appoint judgcs thereof, if necessary. If any alderman ifcali 

ward, eic. removc ffom the ward represented by him, his office shall, 

thereby, become vacant. If theret should be a failure of 

the people to elect any officer herein required to be elected, 

the city council shall forthwith order a new election. 

Removal from § 9. Any officcr elected or appointed to any office may 

office. i^g removed from such office by a vote of two-thirds of the 

aldermen ; but no officer, elected b}' the people, shall be re- 
moved, except for good cause, nor unless first furnished 
with the charges against him and heard in his defense. 
Vacancy filled § 10. Whenever any vacancy shall occur in the office of 
mayor or alderman, such vacancy shall be filled by a new 
election, and the city council shall order such special elec- 
tion within ten da3'8 after the happening of such vacancy, 
unless the city council shall deem it inexpedient. Any va- 
canc}'^ occurring in any other office may be filled by ap- 
pointment by the city council. 



Aldermen. 



Special election. 



by election. 



oi'riES — NEW pRiviLt;&i;g. 2G1 

I It. All citizens of the United States, qualified to vot^ , Qualifications 
at any election held under this act, shall be qualified to '*'* °®'^^" 
hold any office created by this act. 

ARTICLE III. 

§ 12. A general election shall be held in each ward of Aunuai election. 
the city on the first Saturday in June, in each and every 
year. The time in said day and place of said election, in 
each ward, shall be determined by the city council of the 
city of Urbana, and shall give twenty days' notice thereof, 
posted in two public places in each and every ward, and 
they shall also appoint three (3) judges of election for each 
ward. At such election, shall be chosen one mayor, by the 
city at large, and as many aldermen as there are vacancies 
in each ward — the aldermen to be voted for only by the 
residents of the ward which he is elected to represent. 

§ 13. The manner of conducting and voting at the elec- Mode of con- 
tions held under this act and contesting the same, the keep- f^^^l^^ ^'®'^" 
ing of the poll lists, canvassing the votes and certifying the 
returns, shall be the same, as nearly as may be, as it is now, 
or may be hereafter provided by law for state elections : 
Provided^ the city council shall have power to appoint the 
judges thereof. The voting shall be by ballot, and the 
judges of election shall take the same oath, and shall have 
the same power and authority as the judges of state elec- 
tions. After the closing of the polls, the ballots shall be 
counted, as provided by law, and the returns shall be made, 
sealed, to the city clerk within two days after the election, 
and, thereupon, the city council shall meet and canvass the 
same and declare the result of said election. 

§ 14. When two or more persons shall have an equal Tie. iiow cie- 
number of votes for the same office, the judges of election 
shall certify the same to the city council, who shall pro- 
ceed to determine the same by lot, in such manner as may 
be provided by ordinance. 

§ 15. The city council shall judge of the qualification, couiested eiec- 
election and returns of their own members, and shall de- 
termine all contested elections. 

§ 16. It shall be the duty of the city clerk to notify all ^^^^^^^ fj^^^- 
persons elected or appointed to office, of their election or elected, 
appointment, and unless such person shall qualify within 
ten days after such notice, the office shall be declared va- 
cant. 

§ 17. No person shall be entitled to vote at any elec- ^^QuaMcations 
tion 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 (3) three months next preceding said election, and he 
shall have been, moreover, an actual resident of the ward 
in which he votes, for ten days previous to such election ; 



CITIES — NEW PKIVILEGES. 

and the voter shall be deemed a resident of the ward in 
which he is accustomed to lodge. 

ARTICEB IV. 

POWERS AND DUTIES OF OFFICERS. 

§ 18. Every person chosen or appointed under this act 
shall, before he enters upon the duties of his office, take 
and subscribe the oath of office prescribed in the constitu- 
tion of the state, and tile the same, duly certified by the of- 
ficer before whom it was taken, with the city clerk. 

§ 19. 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 preserved in 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. 

§ 20. 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. 

§ 21. He shall have the 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 power 
to execute all acts that may be required of him by this act 
or any ordinance made in pursuance thereof. 

§ 22. He shall receive such salary as may be fixed by 
ordinance. 
Publication of § 23. All ordinances and resolutions shall, before they 
on mances. iq]^q effect, be placed in the office of the city clerk and no- 
tice thereof given to the mayor, 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- 
tions thereto. Upon the return of any ordinance or reso- 
lution to the city council by the mayor, the vote by which 
it was passed shall be reconsidered, and if after such recon- 
sideration, three-fourths majority of all the members pre- 
sent shall agree, by the ayes and noes, which shall be en- 
tered upon the journal, to pass the same, it shall go into ef- 
fect ; and if the mayor shall neglect to approve or object to 
any such proceedings for a longer period than three days 
after the same has been placed in the clerk's office, and no- 
tice as aforesaid, the same shall go into effect : Provded, 
that a vote, passing a resolution or ordinance over the veto 
of the m.ayor, shall not be taken within one week after the 
first passage of the resolution or ordinance. He shall, ex 
officio, have power to administer any oath required to be ta- 
ken by tliis act and certify the same under the seal of the 
city. 



CITIES — NEW PKIVILEGES. 263 

§ 24. Incase of absence of mayor or of his being una- Absenceofthe 
ble to perform the duties of his office, the city council shall ^^^°^' 
appoint one of its members 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. 

§ 25. The members of the city council shall be, ex officio, conservators of 
fire wardens and conservators of the peace during their ^^^ ^'^*'^^' 
term of office. 

§ 26. The clerk shall hold his office for one year. He Duties of derk. 
shall keep the corporate seal and all papers and books be- 
longing to the city. He shall attend all meetings of the 
city council, keep a full record of their proceedings on the 
journal, and safely keep all papers duly tiled in his office ; 
and transcripts from the journals of the proceedings of the 
city council and copies of documents, certified by him un- 
der 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 an accurate account thereof 
in a book provided for the purpose. He shall also keep an 
accurate account of all receipts and expenditures, in such a 
manner as the city council shall direct; and he shall have 
power to administer any oath required to be taken by this act. Attorney. 

§ 27. It shall be the duty of the city attorney to per- 
form all professional duties incident to his office, and when 
required, to furnish written opinions upon questions and sub- 
jects submitted to him by the mayor or the city council, or 
its committees. 

§ 28, The city treasurer shall receive all moneys belong- Treasurer. 
ing to the city, and shall keep an accurate account of all re- 
ceipts and expenditures in such manner as the city council 
shall direct ; and no moneys shall be drawn from the treas- 
ury, except in pursuance of an order by the city council, 
and be drawn by a treasury warrant, signed by the mayor 
or presiding officer of the city council, and countersigned by 
the city clerk. The treasurer shall exhibit to the city coun- 
cil, at least thirty 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 city clerk, and 
published in some newspaper of said city at least (10) ten 
days before the election. 

§ 29. The city marshal shall hold his office for one city marshal's 
year and shall perform such duties as shall be prescribed ^"'^^^' 
by the city council, for the preservation of the public 
peace, the collection of license money, tines, or otherwise. 
He shall possess the powers and authority of constable 
at common law and under the statutes of the state, and re- 



264: CITIES — NEW PRIVILEGES. 

ceive the same fees ; but shall not serve civil process, with- 
out 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 ofiicer, under this act, or any ordinance in pur- 
suance thereof, 
street commis- § ^^- The Street commissioner shall attend to all local 
Bioner, improvements in the city and carry into efi'ect 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 improvement thereof, and 
the construction and repairing of bridges, culverts and sew- 
ers ; to order the laying and relaying and repairing of side- 
walks ; 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, 
relaid or repaired, subject to the provisions hereinafter 
made ; to make plans and estimates of any work ordered, 
in relation to any streets and alleys, culverts or sewers ; to 
keep full any 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. 
Further duties § 31. The city council shall have power, subject to the 
- )fficers. expressed provisions of this act, from time to time, to re- 
quire 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 this 
act, whose duties are not herein specified, and fix the com- 
pensation of all officers. They may also require all offi- 
cers, severally, before they enter upon the duties of their 
respective offices, to execute a bond to the city of Urbana, in 
such sum and with such securities as they may approve, 
conditioned that they will 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 hy the clerk, shall be filed in his office, and remain 
for the benefit of any person aggrieved by the official acts 
of the officer. 
Appointment § 32. The city council shall also have power to appoint 
officers. r^ gjj.y attorney, city marshal, city clerk, city treasurer, city 
street commissioner, cit}'- engineer or surveyor, pound mas- 
ter and the necessary number of policemen, and regulate 
the duties and fix the pay of each. 



of 



CITIES — NEW PEIVILEGES, 265 



ARTICLE V. 

OF THE LEGISLATIVE POWEUS OF THE CITY COUNCIL — ITS GENERAL POWERS AND 
DUTIES. 

§ 33. The mayor and aldermen shall constitute the city city council. 
council. They shall meet and organize the lirst Monday 
after their election. The mayor, when present, shall pre- 
side at all meetings of the city council, and shall only have 
a casting vote. In liis absence, any one of the aldermen 
may be appointed to preside. A majority of the persons 
elected aldermen shall constitute a quorum. 

§ 34. The city council shall hold twelve (12) stated Meetings, 
raeeetlngs, one in each month during the year, and the 
mayoj' or any two aldermen may call special meetings of 
the council, notice to be served personally, or left at their 
usual place of abode. Petitions and remonstrances may 
be presented to the city council, and tliey shall determine 
the rule of their own proceedings, and shall liave power to 
compel tlie attendance of absent members. 

§ 35. The city council shall have control of the iinan- council snaii 
ces, and of the property, real, personal and mixed, belong- ^^^^^^ ^^^^^* 
ing to the corporation, and si^all likewise have powers 
within the jurisdiction of the city, by ordinance — 

M?'sL — To borrow money on a credit of the city, and 
issue bonds of the city therefor; but no bonds shall be 
issued having more than ten (10) years to run, and there 
shall never be outstanding bonds to a greater amount than 
ten (10) 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 
held for that purpose, at such time and conducted as the 
city council may direct : Provided, that there shall not be 
issued bonds in any one year, to exceed two (2) per cent, 
of the last assessed value of real and personal property 
within said city, unless a majority of the qualified voters 
authorize them so to do, at an election held for that pur- 
pose, at such time and conducted as the city council may 
direct. It shall be the duty of the city council to provide, 
either by taxation or by the issue of bonds, for the pay- 
ment of all claims against the city, as rapidly as such 
claims fall due. All orders on the treasury shall be made 
payable on demand, and shall draw no interest, l^o ap- 
propriations shall be made for any public building, or other 
improvements out of the general fund of the city, except 
in such cases as where the city council shall not have 
authority to provide for the same by special taxation levied 
on the property benefited thereby, or where the city coun- 
cil shall, by resolution, declare that it will be unjust and 
unequitable that the property in the vicinity shall bear the 
expense of such improvements, and that such improvement 
Vol. 11-34 



266 oriTEs — NEW privileges. 

is required by the general interest of the city ; and no 
appropriation shall be made for any public improvements 
until the expense of such improvement shall be estimated 
by the proper officers, and unless it shall be found by such 
estimated cost of all public works in progress, and other 
probable expense of the city, that such works can be com- 
pleted within due time, by the ordinary surplus revenue of 
the city, and the issue of such bonds as the council is by 
law authorized to issue. 

Appropriations. Second. — To appropriate monejs, and to provide for the 

payment of the debts and expenses of the city. 

Prevent con- Third. — To make regulations to prevent the introduction 

tagious diseases Qf ^,^^^^g-Q^^g diseases into the city, to make quarentine 
laws for that purpose, and to enforce them within the city, 
and within live miles thereof. 

General health. Fouvth. — 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 pen- 
alties, fines and imprisonment; to donne and declare what 
shall be deemed nuisances, and aivcaorize and direct the 
summary abatement thereof. 

Wells, cisterns, Fifth. — To provido 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- 
yond the limits thereof, for the extinguishment of fires and 
the convenience of the inhabitants, and manufacturing in- 
terests, and to prevent the unnecessary waste of water. 
To have es- iSixih. — To havc the exclusive control and power over 

ovef stree?s°^^'" ^^^® Streets, alleys and highways, and to abate and remove 
any encroachments or obstructions thereon ; to open, alter, 
abolish, widen, extend, straighten, establish, regulate, grade, 
pave, plank, clean or otherwise improve any street or alley 
anywhere within the city limits, and to put drains or sewers 
therein, and to prevent the incumbering thereof, in any 
manner, and to protect the same from any encroachments 
or injury. 

Erect bridges. Seventh. — To establish, erect, construct, regulate and 

Sewers, drains, keep in repair bridges, culverts and sewere, sidewalks and 
crosswaye, and regulate the construction and use of the same, 
and to abate any obstructions or encroachments thereof ; to 
establish, alter, change and straighten the channel of 
water courses and natural drains ; to sewer the same or to 
wall them up and cover them over, and to prevent, regulate 
and control the filling, altering or changing the channels 
thereof by private parties. 

Lighting streets Eighth. — To provide for the lighting of the streets and 
providing lamp posts and lamps therein, and regulate the 
lighting thereof, and, from time to time, to 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. 



CITIES — NEW PEIVILEGE3. 



267 



Ninth. — To establish markets and market houses, and Markets and 
other public buildings of the city, and provide for tj^g i^^^^ -et houses, 
government and regulation thereof, and their erection and 
location. 

Tenth. — To provide for the inclosing, regulating and im- puijuc grounds 
proving of 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 pub- 
lic grounds. 

Elemnth. — To erect or establish one or more hospitals or to estabiiBh 
dispensaries, and control or regulate the same. hospitals. 

Twelfth. — To prevent the incumbering of the streets, EincamDering 
alleys, sidewalks or public grounds with carriages, wa- and^aiieys.'*^^^ 
gons, carts, wheelbarrows, boxes, lumber, timber, fire- 
wood, posts, awnings, signs, or any other substance or ma- 
terial whatever; to compel all persons to keep snow and 
ice, dirt and other rubbish from the sidewalk aad street 
gutters, in front of the premises occupied by them. 

Thirteenth. — To license, tax and regulate merchants, Merchants, 
commission merchants, runners, and all venders, dealers ^®'^*^^"^' ^''^" 
and traders in any goods, wares, merchandize, groceries, bil- 
liard tables, and inn-keepers, iDankers, brokers, pawn-bro- 
kers, money-changers, insurance brokers, insurance agents, 
lawyers, physicians and auctioneere, and to impose duties 
upon the sale of goods at auction ; to license, tax, regulate 
and prohibit hawkers, peddlers, venders of goods by sam- 
ple, grocery-keepers and keepers of ordinaries, theatricals 
or other exhibitions, shows or amusements. 

Jbourteenth. — To license, tax, restrain or prohibit stal- staiiions, etc. 
lions, jacks, bulls and boars kept within the city for hire. 

Fifteenth. — To license, tax, regulate and suppress hack- Hackmen, 
men, draymen, omnibus drivers, porters, and all others cSte^s!" 
pursuing like occupations with or without vehicles, and pre- 
scribe their compensation, and to regulate and restrain run- 
ners for cars, stages and public houses. 

Sixteenth. — To prohibit and suppress disorderly houses, oi.^eri'^'-''']^on«ir 
gaming and gambling houses, lotteries and all fraudnlent 
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. 

Seventeenth. — To authorize the proper officer of the city ^^"^^^'■^IfaP't"; 
to grant and issue license, and to direct the manner of grant licenses, 
issuing and registering the same, and the fees and the 
charges to be paid therefor. JSTo license shall be granted 
for more than one year, and no license shall be granted 
except with power reserved to the city council to revoke 
such license at pleasure. The city council shall have pow- Prohibit sale 
er to prohibit and punish the sale"^of intoxicating, alcoholic °^^*i^<'''- 
or spirituous liquors and wines, and to regulate, license, 
tax, prohibit and punish the sale of cider, beer, sodawater, 



268 CITIES — NEW PRIVILEGES. 

and all drinks not intoxicating ; but not to license any 
house or place for the sale of intoxicating drinks of any 
kind. 
Forestaiung Eighteenth. — To prevent, restrain and punish forestall- 
regra mg. .^^^^ rograting ; 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. 

ijiitciiers. Nineteenth. — To regulate, license and prohibit butchers, 

and to revoke their license for malcondnct in the course of 
trade. 

^ Weights and Twentieth. — To establish standard weights and measures, 

ucasiireg. ^^^j j.Qg^]r^^g i^^ wcights and measures to be used within 
the city, in all cases not otherwise provided for 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 weights and measures 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 the laws of this state. 
Inspection of Iwentjj -first. — To regulate and provide for the inspection 
and measuring of lumber, shingles, timber, posts, staves, 
heading and all kinds of building material, and for the 
measuring of all kinds of mechanical work, and to appoint 
one or more inspectors or measurers. 

Forage and fuel. 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 in the city, 
and the place and manner of selling the same. 
Beef, pork Tioenty -third. — To regulate the inspection of beef, pork, 

and flour. flour, meal and other provisions, whisky and other liquors, 
to be sold m barrels, hogsheads and other vessels or pack- 
ages ; to appoint weighers, guagers and inspectors, and pre- 
scribe their duties and regulate their fees: Provided, that 
nothing contained 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 owners thereof, or his agent. 

Bread. Twenty fourth. — To regulate the quality and weight of 

bread to be sold or used within the city, and inspection 
thereof. 

Bricks. Tioenty-fifih. — To regulate the size and quality of bricks 

to be sold or used within the city, and the inspection thereof. 

Prevent riot- Twenty-sixth. — To prevent and suppress any riot, afi'ray, 

ous conduct, jjoige^ disturbance, or disordoi-ly conduct or assembly, in 
any public or private place in the city. 
Horse-racing Tweiitv-seventh. — To prohibit, iDrevent and suppress 

and fast drivintr. 1 ^- • i ,^ .,.'■!■,.. • xi -i. 

^ horse racing, mnnocicrate ndmg or drivmg m the city, 
and to compel the stopping thereof, by any person author- 



CITIES — ^NEW PBIVILEQES. 269 

and to compel persons to fasten and well secure their horses, 
or other animals, attached to vehicles or otherwise, while 
standing or remaining in the streets or any vacant lot in 
the city. 

Twenty-eighth. — To restrain and punish vagrants, men- vagrants, etc. 
dicants, street beggars and prostitutes, and provide lor the 
arrest and punishment of persons found intoxicated in the 
streets or public places in the city. 

Tioenty -ninth. — To regulate, restrain or prohibit the stock at large, 
running at large of horses, cattle, asses, mules, swine, 
sheep, goats and geese, and to authorize the distraining, 
impounding and sale of the same for the cost of the proceed- 
ings and the penalty incurred, and to impose penalties on 
the owners thereof for a violation of any ordinance in rela- 
tion thereto ; 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. 

Thirtieth. — To prohibit and restrain the rolling of hoops, . Roiiins of 
flying of kites, or any other amusements or practices tend- ^°^^^' ^^*^* 
iug 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 or bugles, crying of goods, 
and all other noises, performances and practices tending to 
the collection of persons on the streets or sidewalks by auc- 
tioneers and others for the pnrpose of business, amusement 
or otherwise. 

Tldrty-first. — To abate all nuisances which may injure or Toatate 
affect the public morals, health or comfort in any manner '^'^'^°^- 
they may deem expedient. 

TJdrty-second. — To do all acts and make all regulations sanitary regir- 
which may be necessary or expedient for the protection or ^^'^^^^ 
promotion of health and the prevention and suppression of 
disease. 

Thirty-third. — To direct the location and regulate the Breweries, tan- 
management of, and construction of breweries, tanneries, ^^'''^^'®^- 
blacksmith shops, founderies, livery stables and packing 
houses and common horse or cow stables, pig styes, privies, 
and heneries ; to direct the location and regulate the man- 
agement and construction of and restrain, abate and pro- 
hibit within the city and to the distance of one mile from 
the litnits thereof, distilleries, slaughtering establishments, 
establishments for steaming or rendering lard, tallow, offal, 
and such other substances as may be rendered, and remove 
cattle or 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 car- 
ried on. 

Tldrty-fourth. — To compel the owners of any grocery, preSs*''^^^*^ 
cellar, soap or tallow chandler or blacksmith shop, tannery. 



2 YO CITIES — NEW PBIVILEGE8. 

stable, privy, Bewer or any other unwholesome nuisance, 
house or place, to cleanse, remove or abate the same as may 
be necessary for the health, comfort and convenience of the 
inhabitants. 
Re^'jiate the Thirty -fiifth. — To reguktc and provide for the burial of 

burial of dead. ^\xq dead ; to establish and keep in repair one or more cem- 
eteries ; to regulate the registration of births and deaths, tD 
direct the keeping and returning of bills of mortality, and 
impose penalties on physicians and sextons, and all other 
persons for any default in the premises. 

Census. TliiHy-sixth. — To provide for the taking an enumeration 

of the inhabitants of the city. 

work-houEe. ThiHy-seventh. — To erect and establish a work house, or 

house of correction ; make all necessary regulations there- 
for, and appoint all necessary keepers, assistants in such 
work house |or house of correction — in which may be con- 
fined all vagrants, stragglers, idle or disorderly persons who 
may be committed there by any proper officer, and all per- 
sons sentencedjby any criminal court, or magistrate's court in 
and for the city, for any assault, routs, riots, afi'raye, assault 
and battery, petit larceny or other misdemeanors, or breach 
of any ordinance of the city, punishable by imprisonment 
in any county jail ; and any person who shall fail or neg- 
lect to pay any fine, penalty or costs imposed by an ordi- 
nance of the city for any misdemeanor or breach of any or- 
dinance of the city, may instead of being committed to the 
county jail of Champaign county, be kept therein subject to 
labor and confinement as the city council may by ordinance 
direct. 

Preserve clean- TliiHy-eighth.—To fill up, drain, cleanse, alter, relay, repair 

imessintheclty and regulate any grounds, lots, yards, cellars, private drains, 
sinks and privies, direct and regulate their construction 
and cause the expense thereof to be assessed and collected 
in the same manner as sidewalk assessments. 

Kauroad tracks, Thirty -ninth. — To direct and control the laying and con- 

bridgeg.etc. gtmction of railroad tracks, bridges, turnouts and switches 
in the streets and allej'S within the city ; to require the rail- 
road tracks, bridges, turnouts and switches to be so con- 
structed and laid out as to interfere as little as possible with 
the ordinary travel and use of the streets and alleys ; to di- 
rect and prohibit the use and regulate the speed of locomo- 
tive engines within the inhabited portion of the city. 
Further pow- Fortieth. — The city council shall have power to pass, pub- 

ers of conncii. jjgjj^ amend and repeal all ordinances, rules and police reg- 
ulations not contrary to the constitution or laws of the Uni- 
ted States or of this state, for the good governnient, peace 
and order of the city and the trade and commerce thereof, 
that may be necessary or proper to carry into efi'ect the 
powers vested by this act in the corporation ; to determine 
what shall be a nuisance and provide for the punishment, 
removal and abatement of the same ; to enact and enforce 



CITTES — NEW PEIVILEGES. 2Y1 

the observance of all such rules, ordinances and police reg- 
ulations and to punish violations of the same by lines, pen- 
alties and imprisonment in the county jail, city prison or 
workhouse, or both, in the discretion of the court or maoj- 
istrate before whom conviction may be had ; but no penal- 
ty or fine shall exceed five hundred dollars, nor the impris- 
onment six months for any offence ; and such fine or penal- 
ty 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 payment of the 
same and costs, and in a default thereof may be imprisoned 
in the county jail, city prison, work house, or required to 
labor on the streets or other public works of the city, for 
such time and in such manner as may be provided by ordi- 
nance. 

Forty-first. — To regulate the election of city officers, and Election?. 
provide for removing from office any person holding an of- 
fice created by ordinance. 

Forty -second. — To fix the compensation of all city officers, of^^Pfs"^^'^*'^ 
and regulate the fees of jurors and witnesses and others for 
services rendered under this act or any ordinance. 

JEorty -third. — The city council shall have power to make Power to pass 
all ordinances which shall be necessary and proper for car- mrntofthecUy 
rying into execution the powers specified in this act, so that 
such ordinances be not repugnant to nor inconsistent with 
the laws and constitution of the United States, or of this 
state. 

Forty-fourth. — There shall be one or more police magis- Police magis- 
trates in said city, elected as is now provided for by law, ^^'''*^^- 
and their jurisdiction shall extend to all causes of action at .rndsciiction. 
common law, or by statute, when the plaintiff''s demand 
shall not exceed one hundred (100) dollars, and to all cau- 
ses of violation of any ordinance of this city, and all misde- 
meanors committed where indictment is not necessary to a 
conviction ; and the city council may have power to desig- 
nate by ordinance one or more justices of the peace, in said 
city, who shall have concurrent jurisdiction with the police 
magistrates in any action 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. Changes of venue shall be allowed 
from any police magistrate to any other police magistrate 
or to a justice of the peace having concurrent jurisdiction 
as aforesaid, and from a justice of the peace having concur- 
rent jurisdiction to any other justice having concurrent ju- 
risdiction or police magistrate. 



CITIES — NEW iPEIVILEGES. 



ARTICLE VI. 

OP ASSESSMENTS FOR OPEXLXO STEEET3 AND ALLEYS. 



openmg stiecta § 36. The City coiincil sliall have power, upon the 
* °^^' petition of the owners of two-thirds of the property front- 
ing thereon, (and without such petition, by the unanimous 
vote of the city council,) to open and lay out public grounds 
or squares, streets, alleys and highways, or sections thereof, 
and to alter, widen and 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 ad- 
joining said street, alley or highway, and the unanimous 
vote of the city council. The city council shall cause all 
streets, alleys and highways, or public squares or grounds, 
laid out by them, to be surveyed, described, and recorded 
in a book to be kept by the clerk, showing accurately and 
particularly the proposed improvement, and the real estate 
required to be taken ; and the same, when opened and 
made, shall be public highways and public squares. 
Proceedings in § 37. Whenever any street, alley or highway, public 
pfreetf, ^^a\\e^^ grounds or squares, is [are] proposed to be laid out, opened, 
ard highways. ' altered, widened or straightened, by virtue hereof, and 
when the amount of compensation cannot be agreed upon, 
the city council shall give notice of their intention to appro- 
priate and take the land necessary for the same, to the 
owner thereof, by publishing said notice by one insertion 
in a weekly paper, or three insertions in a daily paper, in 
the newspaper publishing the ordinances of the city; at 
the expiration of which time they shall appoint three dis- 
interested freeholders, residing in the city, as commission- 
ers 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 improvement, and assess the damages and expenses 
thereof on the real estate in the neighborhood of the im- 
provement, benefited thereby, in proportion, as nearly as 
may be, to the benefit resulting to each. A majority of 
the councilman shall be necessary to a choice of commis- 
sioners. 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' personal notice of the time and place of 
their meeting for the purpose of viewing the premises and 
making their assessments; which notice shall be given to 
the owners who. are residents thereof, and known. They 
shall view the premises, and, in their discretion, receive 
any legal evidence;, and may, if necessary, adjourn from 
day to day. 



CITIES — NEW PEIVILEGES. 273 

§ 38. If there should be any buildings standing, in Buildings taken 
whole or in part, upon the land to be taken, the commis- 
sioners, before proceeding to make their assessments, shall 
first estimate and determine the whole value of such build- 
ings to the owner, aside from the value of the land, and 
the actual injury to the owner in having such building 
taken from him or her; and, secondly, the value of such 
building to him or her to remove. 

§ 39. At least five days' notice shall be given to the Notice to owner. 
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 be given 
by one publication in the newspaper publishing the ordi- 
nances of the city. Such notice shall specify the buildings 
and the award of the commissioners. It shnll 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, as allow such buildings to be taken 
with the land condemned or appropriated, or of their in- 
tention to receive such building at the value set thereon by 
the commissioners to remove. 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 40. If the owner refuses to take the building at its when owner 

2 . , , , r •^ , • .- /< 1 • • refuses to take 

appraised value to remove, or tails to give notice ot nis m- atraiuation. 
tention, 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 live days' 
public notice of the sale. The proceeds of the sale shall 
be paid to the owner, or deposited to his use. 

§ 41. In making the assessment, the said commission- commissioners 
ers shall ascertain the value of the land taken, and all value onlnd?^ 
expenses of the improvement and damages occasioned 
thereby, and then assess upon the property in the neigh- 
borhood benefited, in fair proportion, a sum sufiicient to 
cover the whole amount thereof: Provided^ that the assess- 
ment upon any such property shall not exceed the benefit 
derived to the owner of said property ; which shall be paid 
by the owners, respectively, and be a first lien upon the 
property, on which it may be assessed and collected as 
assessments for pubhc improvements are collected, by sale 
of the laud, 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 of the improvement; and if 
more, the difference shall be paid him in money out of the 
city treasury, before the land is taken ; and the commis- 
sioners shall particularly describe the lands and parcels on 
which either assessment may be made, and make a return 

Yol. II~35 



2^4 



CITIES — NEW PRIVILEGES. 



Publication of 
notice. 



Removal of 
commissiouers. 



Payment 
land taken. 



Appeals taken , 



In case owner 
is a minor. 



of their proceedings and assessments to the city council, 
within ten days after its completion. 

§ i2. The clerk shall give ten days' notice, by one pub- 
lication in the newspaper publishing the ordinances of the 
city, that such assessment has been returned, and, on the 
day to be specified 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 shall have power, in their discretion, to 
alter, confirm or annul the assessment. If annulled, all 
the proceedings shall be void. If altered or confirmed, an 
order shall be entered directing a warrant to issue for the 
collection thereof, 

§ 43. 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 to serve. 

§ 44, The land required to be taken for the making, 
opening, widening, straightening or altering any street, 
alley or other highway, or public grounds or square, shall 
not be appropriated until the damages awarded therefor 
to any owner thereof, under this act, shall be paid or ten- 
dered to such owner or his agent, or, in case such owner 
or agent cannot be found in the city, deposited to his or 
their credit in some safe place of deposit, other than the 
hands of the treasurer; aud then, and not before, such 
lands may be taken and appropriated for the purpose re- 
quired in making such improvements, and such streets, 
alleys or other higliways or public grounds may be made 
and opened, 

§ 45, 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 public 
ground, to the circuit court. Upon trial of the appeal, all 
questions involved in said proceedings, including the amount 
of damages, shall be open to investigation, by affidavit or 
oral testimony adduced to the court, or upon application by 
the city or any party. The amount of damages may be 
assessed by a jury in said court, without formal pleadings, 
and judgment rendered accordingly. The court shall not 
set aside the proceedings or final order of the council for 
any omission or informalitj', without injury has resulted 
therefrom. 

§ 46. When any person known, or other person having 
an interest in any real estate, residing in the city, or else- 



proceedings shall be had under this act, any court of record 
may, upon the application of the city council, or such in- 
fant or his next frienr], appoint a guardian for such infant, 
taking security from, such guardian for the faithful execu- 



CITIES — IfEW PEIVILEGES. 



275 



tion of such trust ; and all notices and summons required 
by this act shall be served on such guardian ; and the final 
determination of either the city council or court in the 
premises shall be conclusive on such infant, and tlie pro- 
ceedings shall not be opened at any time thereafter. 

§ 47. When the owners of two-thirds of the property w^en ow/iers 
on a street, lane, avenue or alley proposed to be opened, opening streets^ 
widened or altered, shall petition therefor, the city council 
may open, widen or alter such street, avenue, lane or alley, 
upon conditions 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 alter- 
ing such street, lane, avenue or alley, nor shall there be 
any assessment of benefits or damages that may accrue 
thereby to any of the petitioners. 

§ 48. When the whole of any lot or parcel of land or ^ Effect^ of^on- 
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 land- 
lord 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. 

§ 49. When part only of any lot, parcel of land or where only a 
other premises, so under lease or contract, shall be taken Fg"[akeE* ® 
for any of the purposes aforesaid, by virtue of this act, all 
the covenants, contracts, agreements and engagements re- 
specting 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 
reserved, 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, and no more, shall 
be paid or recoverable in any respect of the same. 

§ 50. But no property shall, by virtue of any act of Homesteads, 
this state exempting homesteads, be exempt from sale for 
non-payment of an assessment of a special benefit for estab- 
lishing, opening, altering, extending or widening any 
street, avenue, lane or alley, of the city of Urbana. 

ARTICLE YII. 

PUBLIC IMPROVEMENTS AND ASSESSMENTS THKRIFOR. 

§ 51. The city council shall have power, from time to ^""^^I^^^p^^; 
time, upon the petition of the owners of two-thirds (|) of mizhig."''^*^^ ' 
the property fronting thereon, or without such petition, by 
three-fourths vote of the city council, to cause any street, 
avenue, alley or highway, or section thereof, to be graded, 
regraded, leveled, paved, planked, blocked, stoned, graveled, 
curbed or macadamized, and keep the same in repair, and 



276 CITIES — NEW PEITILEGES. 

to alter and change the same ; to cause side and cross walks, 
main drains and sewers and private drains or sections there- 
of to be constructed and laid, relaid, cleaned and repaired ; 
to cause lamp posts to be erected and lamps placed thereon ; 
and to cause gas pipes and gas fixtures to be laid and re- 

PubUcbuiidiQgs paired ; to grade improve, protect and ornament any pub- 
lic square or other public ground now or hereafter laid out, 
and build any school or other public building necessary for 
the use of the city, and to make the necessary appropriation 
therefor; and the city council shall have power to assess 
and collect of the owners of lots or real estate in the city of 
Urbana, specially benefited, an amount equal to the special 
benefit to said lot or real estate, by reason of said public im- 
provement, in any manner not inconsistent with the law and 
constitution of the United States or of this state, as pre- 
scribed by ordinance. 

for hlneit^^^^^ § ^^' '^^^^ ^^ ^^^ ^^^^^ where assessment for special ben- 
efits may hereafter be made by the corporate authorities of 
Urbana, on any lot or real estate in such city for the purpose 
of improving any street, sidewalk or alley in front of or adja- 
cent to such lot or real estate, or for any purpose or pur- 
poses whatever, either by ordinance, resolution or other 
proceedings, and such assessments for special benefit if not 
paid within the time fixed by the order or ordinance or- 
dering such improvement upon which said assessment for 
for special benefits were made, the city may apply to the 
county court of Champaign county for a judgment against 
said lot or real estate for the amount of said assessment for 

Notice by pui> benefits on said lot or parcel of land, and all costs that 
may accrue in obtaining said judgment. Kotice shall be 
given of such application by publication once in the news- 
paper publishing the ordinances of the city, or personally to 
the owners of said lots or real^eetate ; and the coimty court, 
on such application being made, shall render -judgment 
against said lot or parcel of land for the amount of said as- 
sessment for special benefits and costs, and shall issue its 
precept to the sherifi" of Champaign county, commanding 
him to sell said lot or real estate, or so much thereof as 
may be necessary to pay said judgment and costs, in the 
same manner and with like eflect as if sold upon execution 
at law ; and the city council shall have full power to provide 
by resolution or ordinance for the making or levying such 
assessment of special benefits, and they shall have full pow- 
er to fix the time of paj^ment and kind and manner of serv- 
ing the notice of such assessment for special benefits, attach 
a penalty, fine- or forfeiture for the failure of payment of 
such assessment, and to collect from the owner of such lot 
or parcel of land prior to the application to the county court 
for judgment, which penalty or fine shall not exceed fifty 
dollars per day for each day he, she or they may be in de- 
fault. The city coimcil shall have full authority and power 



CITIES — NEW PRIVILEGES. 



277 



to adopt, by ordinanco, any and all rules and regulations Enforcement of 
which they may deem necessary for the full and efficient 
carrying out of this act, and full power is hereby invested 
in the county court of Champaign county to have, maintain 
and exercise jurisdiction in all as directed, and may accrue 
under this act; a suit may also be maintained in the name 
of the city of Urbana against the owner of the premises 
chargeable therewith, in any court of competent jurisdic- 
tion, as for money paid or laid out for his or her use at his 
or her request ; and if said suit shall be commenced before 
the police magistrate or any justice of the peace, the common 
statutory form of summons shall be a sufhcient summons. 

§ 53. 'No property shall, by virtue of any act of this 
state, exempting homesteads, be exempt from sale for the 
non-payment of any assessment of special benefits for public 
improvements as contemplated by this act. 

ARTICLE VIII. 



f § 54. The city council shall have power within the city, 
by ordinance — 

First. — To levy and collect annually, taxes not exceeding Power to levy 
two cents on the dollar, on the assessed value of all real and taxes. *^°"^*^* 
personal estate and property within the city, and all per- 
sonal property of the inhabitants thereof, made taxable by 
the laws of this state for state and county purposes, to de- 
fray the general and contingent expenses of the city not 
herein otherwise provided for ; which taxes shall constitute 
the general fund. 

Second. — To annually levy and collect a school tax, not i„'^*f(.i°o'of ^ou' 
exceeding two (2) cents on the dollar, on all property tax- set/ 
able for state .ind county pnrposes, for purchasing fground 
for school house?-, building and repairing school houses and 
supporting ar«d maintaining schools. 

Third. — To JevjT- and collect taxes, not exceeding two (2) interest on city 
cents on the dollar per annum, on all property subject to 
taxation, to meet the interest accruing on the debt of the 
city ; and the city shall pass no ordinance or resolution 
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 pay- 
able. 

Fourth. — To annually levy and collect taxes on all prop- bSings.^"''"*' 
ertyjsubject 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 
other public improvement : Provided the estimated cost of 
a city hall, workhouse, hospital or market house may be 
apportioned by the city council and collected by a series of 
annual assessments ; but the cost of market grounds, mar- 



27S CITIES — NEW PBIVILEGES. 

•kets, public squares or other improvements may be levied 
and coliected upon all 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 one (1) cent on 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 the deficiency. 

Lighting streets F'ifth.—To levy and collect upon all property in such 
district as the city council shall from time to time create, a 
tax sufiicient to defray one half of the expense of erecting 
lamp posts and lamps, and flighting the streets in such dis- 
trict, and the tax thus collected shall be exclusively expend- 
ed for such purposes in the district paying the same. The 
city council shall, on or before the first day of October, in 
each year, make and file with the clerk of Champaign coun- 
ty, a certificate stating the amount and percentage to be 
assessed and collected upon all taxable property within the 
' city for the year therein specified ; and upon the filing of 
such certificate as aforesaid, it shall be the duty of the said 
county clerk to extend said taxes. 
May adopt the Sixth. — It shall be the duty of the collector of taxes for 

stateassesgment |;]^q ^to^Q and county, to coUect the taxes for said city of 
Urbana, upon the assessment of the value of all property 
within the limits of said corporation, as ascertained by the 
assessment for state and county purposes, and enforce the 
payment thereof in the same manner and with all the rights, 
power and authority as he has to collect state and county 
taxes, and shall pay the same over to the city treasurer of 
the city of Urbana, at the same time he is required to pay 
over the county revenue; and the county court of Cham- 
paign county shall render judgment and order sale of any 
lot or tract of land for the non-payment of the tax and costs 
due the city, as is or may be provided for state or county 
taxes, and judgment and sale shall be rendered for the 
aggregate amount due for county, state and city taxes. 
The collector shall receive the same compensation for col- 
lecting the taxes for the city as is allowed for the collection 
of the state and county revenue, to be paid out of the funds 
of the corporation ; and he shall be liable on his bond for 
the faithful performance of the duties required under this 
act. 
Lahor on tho § 55. To require every male resident of the city over 

Btreeta and ai- ^^^^ ^^^ of twcntv-one (21) ycars and under the age of fifty 
(50) years to labor three (3) days in each year upon the 
streets and alleys of the city ; but any person may, at his 
option, pay in lieu thereof one (1) dollar for each day lie is 



CITIES — NEW PKIVILEGES. 279 

required to labor: Provided \kQ eame shall be paid within 
five (5) days after notification by the street commissioner. 
In default of payment as aforesaid, the sum of four (4) dol- 
lars and costs may be collected, and no set off shall be al- 
lowed in any suit brought to collect the same. 

§ 56. The valuation of any property, real or personal, 
by the assessor shall not exceed the actual cash value of the 
same. 

ARTICLE IX. 

FIRE DEPARTMENT. 

§ 57. The city council, for the purpose of guarding provide for 
against the calamities of fire, shall have power to prohibit o? Arf^"^^™^'''^ 
the erection, placing or repairing of wooden buildings with- 
in the limits prescribed by tliem 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 prohibit the re-building of wooden buildings ; to de- 
clare 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 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 tbey shall prescribe. 

§ 58. The city council sliall have power — 

First. — To regulate the construction of chimneys and cMmneysand 
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- Fire places, etc. 
struction 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 and safe condition, when considered dangerous. 

Third. — To prevent the deposit of ashes in unsafe places, Asiies. 
and to appoint one or more ofiicers to enter into all build- 
ings and inclosures to examine and discover whether the 
same are in a dangerous state, and lo cause such as are dan- 
gerous to be put in a safe condition. 

Fourth. — To require the inhabitants to provide as many y\xq buckets. 
fire buckets, and in such manner and time as they shall 
prescribe, and to regulate the use thereof in time 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- iiamifactories. 
ufactories and works dangerous in promoting and causing 
fires. 



250 



CITIES — NEW PEIVILEGES. 



Fire works. 
Gunpowder,etc. 



Walls, fences. 



Scuttles, etc. 



Eegnlate con- 
duct of persons 
at flies. 



Extinguishment 
of fires. 



Hook and lad- 
der companies. 



Sixth. — To regulate, prevent and prohibit the use of fire 
works and fire arms. 

Seventh. — To prohibit or have the management of houses 
for storing of gunpowder, or direct and prohibit other dan- 
gerous 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 or- 
der the building of parapet and partition walls, and of parti- 
tion 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, fire wardens, or other 
officers of said city, to keep away from the fire all and any 
suspicious persons, and to compel all ofiicers of the city, 
and all others persons, to aid in the extinguishment of fires, 
and in the preservation of property exposed to damage or 
dang:er 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. 

Tvjclfth. — The city may procure fire engines and all other 
apparatus used for the extinguishment of fires, and have the 
charge and control of the same, and provide secure and fit 
houses and other places for keeping and preserving the 
same; and shall have power to organize fire, hook, hose, ax 
and ladder companies. 

Thirteenth. — The city council shall have power to appoint 
a chief and assistant engineer of the fire department upon 
a recommendation of a majority of the memijers 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 X. 



A SYSTEM OF GRADED SCHOOLS. 



School district. § 59. All the territory within the limits of the city 
of Urbana, in said county of Champaign, according to the 
present or future boundaries, is hereby created into a com- 
mon school district. 

School fund, § ^0- The collector of Urbana township, the treasurer 

of Champaign county, the superintendent of schools of 
Champaign county, or any other person or persons having 
control or handling any portion of the school fund, are 
hereby authorized and required to pay to the treasurer of 
the board of education of Urbana school district, any and 
all moneys due, owing or belonging to said Urbana school 
district, that by law she is entitled to have. 



CITIES — NEW PRIVILEGES. 



281 



§ 61. The trustees of schoolp, or other person or persons iMviEionoftiie 
having cu4ody or control of said fund, shall pay over and 
deliver to the board of education of Urbaua school district 
the portion of funds to which said school district may be 
entitled. The public schools of said district shall be under 
the exclusive management and control of a board of educa- 
tion, to consist of the mayor of the city, who shall be presi- 
dent of the board, and one from each ward of the. city, to be 
known as the ''Board of Education of Urbana School Dis- 
trict," each of whom, with the treasurer and clerk of said 
board, shall be sworn to discharge their duties with fidelity, 

§ 61. Said board shall have the exclusive control over General powers 
the school lands, funds and other means of said district for °^ '^"'^'^' 
school purposes, and shall have fall pi)wer to do all acts and 
all thinos in relation thereto, to promote the end herein 
designated; may sell or lease said lands or other lands or 
property which may have been or may hereafter be dona- 
ted, purchased or designated 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 land, and all conveyances by the board shall be 
signed by the president and secretary of said bo^rd, and 
acknowledged by some competent officer : Provided , how- 
ever^ that no sale or lease of land fur more ihan one year 
shall be made without the concurrence of said board of ed- 
ucation. A majority of the board of education, with or 
without the president, shall constitute a quorum for the 
transaction of business, and in the absence of the president, Presideni, pro 
they may appoint one of their own body president, pro tern- ™* 
pore. The president shall only vote in case of a tie, when 
he shall have the casting vote. 

§ 63. Said board shall have full power to buy or lease Powers onhe 
sites for school houses, with the necessary grounds therefor; is^ "graded 
to erect, hire or purchase buildings for school houses, and ^<^'^°°-^- 
to keep them in repair; to furnish schools with necessary 
books, fixtures, apparatus and library or libraries ; to estab- 
lish, 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 teach- 
ers, and other school purposes and expenses, by school 
taxes, to be levied and collected as hereinafter provided ; to 
determine the number, make the appointment and fix the 
amount of compensation of teachers within said district, 
and to appoint a general superintendent of schools, pre- 
scribe his duties and fix his salary, and to appoint all other 
agents and servants and fix their pay : Provided, that the 
said board of education shall in no case receive any com- 
pensation except such as may be determined and fixed by 
the city council; to prescribe the studies to be taught and 
books to he used, including maps, books, charts, globes, etc.; 
Vol. 11-36 ^ 



aoa CITIES — NEW PRIVILEGES. 

to lay off and divide said district into smaller districts, and 
to alter the same and erect new ones at pleasure ; to pass 
by-laws, rules and regulations to carry their powers into 
complete effect and execution, and for the government of 
their own body, their officers, agents and servants, and pro- 
viding for their meetings and adjournments, and generally 
to have and possess all power and authority necessary for 
the proper establishment and control of an effective system 
of graded schools within said district, and they shall visit 
each and all the schools therein as often as may be neces- 
sary. 
Duties of board § 64. It shall be the duty of said board of education, 
ofediicatiou. ^^^| ^j^^^ ^-^^^^ ^^^^ ^^^^^ power to determine the amount of 

money needed and to be raised for school purposes, over 
and a'oove the amount of the school funds hereinbefore enu- 
merated, or from other sources : Provided', said board shall 
not for any one year require to be raised more than two (2) 
percentum, 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 an 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 whatever for 
school purposes without a previous authority by sach vote, 
but with the concurrence of a majority of such voters it 
shall be lawful to raise such sum, either by taxation or loan, 
Shall estimate as such board may see proper; and before the first day of 

cno^schooSr August, of each year, they shall determine the amount re- 
quired to be collected by taxation for expenditure for one 
year, from the said first day of August, for the next ensu- 
ing year, for school purposes generally, and certify the 
amount to the city council of Urbana. 

School taxes. § 65. It shall thereupon be the duty of the city coun- 
cil 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 other city taxes are collected. A 
special column shall be prepared in the city duplicate 
headed '"School Purposes," in which shall appear the 
amount of tax for school purposes chargeable against such 
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 applied and 
used for school purposes only, and shall be paid only on the 
order of said board. 
Abstractofthe § 66. It shall be the duty of the board to cause an ab- 
stract of the whole number of children, under the age of 
twenty-one (21), within said district, to be made, and furn- 
ish the same with such further information as is required in 
sections 36 and 79 of "An act to establish and maintain a 



children. 



OITIES — ^KEW PErriLEGES. 283 

system of free schools," approved Feb. 16, 1847, to the 
school superintendent of Champaign county, Illinois, within 
ten days after the same shall have been ascertained, and the 
county superintendent of schools 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 hauds 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 charter had been conferred upon the schools 
of the city [of] Urbana. 

§ 67. The city council of the city of Urbana are hereby cotmcu may 
vested with full power to borrow such sums of money, °"^°^™°°^y- 
being subject to the restrictions contained in the seventh 
section of this act, as they may deem necessary for school pur- 
poses in said district, at a rate of interest not exceeding ten 
(10) per centum, which may be made payable semi- annually, 
at such place as maybe agreed upon, and the money when 
so borrowed, shall be placed under the control of the board 
of education. 

§ 68. The treasurer and clerk of Urbana City shall be Treasm-er and 
the treasurer and clerk of the board of education, and the 
board shall determine their duties, compensation, and 
amount of security to be given. 

§ 69. Said board shall cause all funds not needed for Fund loaned, 
immediate use, to be loaned at the rate often per cent, per 
annum, interest payable semi-annually in advance. jS"o 
loan shall be made for a longer period than five years, and 
if exceeding one hundred dollars, shall be secured by unin- 
cumbered real estate of at least double the value of the loan, 
without estimating perishable improvements. For any sum 
of one hundred dollars and under, good and satisfactory 
personal security may be taken. 

§ 70. Ail notes and securities shall be to the treasurer secnrWes, etc. 
of the city of Urbana, for school purposes, and the bor- 
rower shall be at all expense for examining titles and pre- 
paring and recording papers. 

§ 71. In settling the estates of deceased persons, debts indebtedness, 
for school purposes shall be preferred to all others, except 
those attending the last illness of the deceased and his 
funeral expenses, including the physician's bill. 

g 72. If default be made in the payment of interest or suUs institiued. 
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 recovered by suit. Suit may be 
brought 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. If suit be brought for the 
collection of any money made payable to the treasurer of 



284 CITIES — NEW PRIYILEGES. 

the board of education under this act, a reasonable attorney- 
fee may be collected from the maker of the note. 
Judsment. § 73. All judgments ll)r principal and interest, or both, 

shall draw interest at the rate of ten per cent, from the ren- 
dition of judgment, and said board may purchase in prop- 
erty sold on execution or decrees, in their own favor, as in 
other cases. ]^o judgment for costs shall be rendered 
against said board to be paid from the school funds. 
When princi- § 74. If the security for any loan or other debt due the 
Ifdoubtfaifhow school district, in the judgment of the board becomes 
to proceed. doubtful or insGcure, they shall cause the debtor to be noti- 
tied thereof, and if he shall not immediately secure the 
same to the satisfaction of the board, the principal and inter- 
est shall thereby become due immediately, and suit may be 
brought against all the makers of the notes, although sucb 
condition or stipulation be not inserted in the note. 
Board to beap- § 75. The board of education shall be appointed, one in 
io°t^^^^ ^^ ^^'" each ward of said city, by the city council, by a majority 
vote on ballot, and no person shall be appointed, unless a 
householder and a resident of said ward for which he is ap- 
pointed, and each shall serve and hold his office for the term 
of one year from the date of their ^aid appointment. 
Vacancies, how § 76. All officers under this act shall hold their office 
^ ^® ■ until their successors are appointed and qualilied. Removal 

from his ward, by any member of the board of education, 
shall vacate his office, and whenever any vacancy shall oc- 
cur in the board of education, the city council of Urbana 
shall supply the same, upon notice thereof by the clerk of 
saiu city ; which appointment shall be for the unexpired 
term only. 
Annual state- § 77. Said board of education shall publish annually the 
^^^^' statement of the number of pupils instructed the preceding 

year, the sevei'al branches of education pursued, the receipts 
and expenditures of each school, specifying the sources of 
such receipts and the object uf s«uch expenditure. 
Powers of the § 78. Said bo-trd t-liail liave the power to admit persous 
boa d to admit ^[jy (\^y jj^{; reside withiij Said district, into said school, upon 

pupils. , 1 1 1 1 ■'■ 

such terius as may be agreed upon by the board. 

White children § 78. All free wliite persotis over the age of six years, 

tobeadmitte . ^^jj under the age of twenty-one years, residing within said 
district, shuU be admitted to .said school free, or upon the 
payment of such tuition as the boaid shall prescribe; but 
nothing herein cmitained shall prevent persons from being 
sui^pended, exjjelied or kept out of said school altogether 
for iaipro])er conduct. 

Colored school. § &0. There may be maintained at least one school for 
cohjied children, to be under the control of the board as the 
board may direct. 
Purchasing or § 81. In purchasing or leasing grounds or buildings for 

easnggroun s g^^^^^j purposes. Said board of edueatitm may do so on cred- 
it, and when the price and conditions of the purchase or 



CITIES —NEW PEITILEGES. 285 

lease is agreed upon, the board may certify the same to the 
city council of Urbana, and the city coancil shall make or 
cause to be made to the proper party, the bonds or obliga- 
tions of said city, for the payment of the purchase money, 
according to said terms ; said contract shall be signed by 
the mayor and attested by the city clerk under the corpor- 
ate seal, and they shall be binding upon said city : Prod- 
ded a majority of 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 Urbana. 

§ 82. The fiscal school year shall commence on the first of School year. 
July of each year, and no board or member thereof shall 
contract with or hire any teacber for any other year than 
that for which he was elected to serve as a member of the 
board. 

§ 83. Any and all fines or forfeitures of recognizance Fines and for- 
in the circuit court of Champaign county against inhabit- ipph'Id.' ^°^ 
ants of the city of Urbana, shall be paid to the school fund 
or Urbana school district. 

ARTICLE XI. 

jnSCELLA>-EOUS PROVISIOXS. 

§ 81. The city council shall have power to cause the survey andpiat. 
lo^s and blocks of the city to be surveyed, platted and num- 
bered in consecutive numbers from one (1) 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 v 
recorded, shall be a good and valid description of said lots, 
blocks or fractional lots or blocks; 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 correspond and con- 
form to the regular blocks, streets or alleys already laid out 
or as they may be hereafter changed and established within 
the city. 

§ 85. The street commissioner, in addition to thepenalty Liabuity of 
prescribed by ordinance, shall for willful neglect of duty be L'oner. *^°°^^*' 
liable to indictment and fine. 

§ 86. Neither the city council or mayor shall remit any Kemission of 
fine or penalty imposed for any violation of any of the laws 
or ordinances of said city, or release from confinement, un- 
til 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 any nuisance within its jurisdiction by indictment 
or otherwise. 



286 CITIES — NEW PEIVILEQES. 

Vote of city § 87. No vote of the city council shall be reconsidered 
Eciiided. ^°^ ^^" 01" rescinded at a special meeting unless the meetine: be 
called in whole or in part for that purpose, and the alder- 
men be 80 notified, and unless at such special meeting there 
be present as large a number of aldermen as was present 
when the vote was taken, 
cemeteriee. | 88. The Cemetery lots which may be laid out and 

sold by the city or private persons for private places of 
burial shall, with the appurtenances, forever be exempt 
from execution, attachment and taxation. 



Publication of 
ordinaacej. 



§ 89. Every ordinance, regulation and by-law imposing 
any penalty, tine, imprisonment or forfeiture for a violation 
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; but if no pa- 
per be published in said corporation, then by posting up 
copies of said ordinance, regulation or by-law in four public 
places in said city : Provided^ the proof of such publication 
shall not be necessary unless it be denied under oath, and 
such publication may be dispensed with entirely, in cases of 
emergency, by the unanimous vote of the council ; and 
proof of such publication by the affidavit of the printer or 
publisher of such newspaper, taken before any officer au- 
thorized to administer oaths,;aud tiled with the clerk, 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. 
Suits vPBted In § 90. All actions brought to recover any line, penalty 
corpora on. ^^ forfeiture incurred under this act or any ordinance, by- 
law or police regulation made in pursuance thereof, may be 
brought in the corporate name. It shall be lawful to de- 
clare generally in debt for such penalty, line 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, or the defendant 
may be tried by preseatment in the circuit or magistrate's 
court. 
liTBt process ^ 91. In all prosecutions for any violation of any ordi- 

aBimmons. <J , , ^ , . ^-i /j / u ii t, 

nance, by-law or regulation .the first process shall be a sum- 
mons, unless oath or affirmation be made for warrant as 
prescribed by ordinance. 

ma3SS°^°^ § 92. The police magistrate or any justice of the peace 
in said city shall have jurisdiction for the recovery of any 
tine, 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 magistrate or 
justice shall have power to impose hues and penalties not 
exfeeding five hundred dollars. 
Executionmay §93. Exccution may issuc, immediately, upoD rendition 

tiouofjudgment of judgment, and the same execution shall require that if 



CITIES — NEW PRIVILEGES. 287 

the defendant has no goods, chattels or real estate within 
the county of Champaign, whereof the judgment can be 
collected, that the defendant be arrested and confined in 
the county jail, work-house or city prison, for a term not 
exceeding six months, as the council by ordinance may de- 
termine. And all persons who shall be comtnitted under 
this section shall be confined one day for each one dollar of 
such judgment, costs, and all expenses incurred in the 
prosecution, for the recovery of any fine, penalty or forfeit- 
ure ; and when any such fine, penalty or forfeiture is col- 
lected, it shall be paid into the city treasury. 

§ 94. ISTo person shall be rendered incompetent as a . incompetent 
judge, justice or juror, by reason of his being an inhabitant ll^esses. i^^*^ ^^"' 
or freeholder in said city of IJj'bana, in any action or pro- 
ceeding in which said city may be a party in interest. 

§ 95. All ordinances, regulations and resolutions now oid ordmauces 
in force in the city of Urbana, and not inconsistent with '^^'^''• 
this act, sh ill remain in force under this act until altered, 
modified or repealed by the city council, after this act shall 
take effect. 

§ 96. All rights, actions, fines, penalties and'forfeitures, Actions vested 
in suit or otherwise, which have accrued, shall be vested in i° ^°'^p°''^'i°°- 
and prosecuted by the corporation hereby created. 

§ 97. All property, real or personal or mixed, belonging ah property 
to the city of Urbana, is hereby vested in the corporation Jatfon'! ''"^°'^°' 
created by this act; and the officers of said corporation 
now in office shall, respectively, continue in the same until 
superceded in conformity to the provisions hereof, but shall 
be governed by this act from and after its passage. 

§ 98. All ordinances of the city may be proved by the ordinances to 
seal of the corporation, and when printed and published in ^®^' ^^°^' 
pamphlet or book 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. 

§ 99. The style of all ordinances shall be, "^e it or- ^^^H °^ "i'^^' 
dained hy the City Council of the City of Urbana. ''"' 

§ 10(>. Any tract of land ;adjoining said city, which Additions to 
may be laid out into blocks or lots and duly platted accord- tiiecity. 
ing to law, and any tract of land adjoining said city, with 
the consent of the owner thereof, shall and may be an- 
nexed to said city and form a part thers^of. 

§ 101. This act shall not invalidate any legal act done Former acts 
by the mayor and city council 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. 

§ 102. All officers of the city created conservators of Arrests, with 
the peace by this act, or authorized by any ordinance, shall ranT.^^^°"^* ^"" 
have power to arrest, or cause to bo arrested, with or with- 



288 CITIEB— NEW PEIVILEGES. 

out process, all persons who shall break the peace or threat- 
en to break the peace, or be found violating any ordinance 
of this city, commit for examination, and, if necessary, 
detain such person in custody over night, or the Sabbath, 
in the county ja'l, city jail or prison, watch-house or other 
safe place, or until they can be brought before a magistrate ; 
and shall have and exercise such other powers, as conserva- 
tors of the peace, as the city council may prescribe. 
Publication of § 103. There shall be a digest of the ordinances of the 
a digest of the ^ity, which are of a general nature, published within one 

ordmances. •' ' ,. , ^ ,^ , i • , ^ ■\•^ i- i. -.i • 

year atter the passage ot this act, and a like digest within 
every period of five years thereafter. 

Evidence of act. § 104. 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. 

citypound. § 105. The city council shall have power to construct 

or lease an inclosure, or buy or lease a lot or tract of land 
to be used as a city pound, which may be established, al- 
tered or removed to any place within the limits of the cor- 
poration, by resolution of the city council. 

§ 106. This act shall take effect and be in force from 
and after its passasre. 

Appkoved April 1, 1869. 



In force March AN ACT to amend an aet to incorporate the city of Vandalia. 

9, 1S69. 

Section 1 . Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly^ That an 
act entitled "An act for the better government of towns 
and cities, and to amend the charters thereof," approved 
February 27th, 1854, shall apply to and be in full force in 
the city of Yandalia. 
Conflicting acts § 2. All parts or provisions of an act to incorporate the 
repealed. ^jj.^ ^^ Yandalia, to which this is supplemental, which are 

inconsistent with the provisions of this act, or of the act 
referred to in the first section of this act, be and the same 
are hereby repealed. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Appeovkd March 9, 1869. 



CITIES — NEW PEIViLEGES. 289 



AN ACT to provide for an additional police magistrate in the city of War- in force March 
saw. 10, 1S69. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That at the 
next charter election of the city of "Warsaw, in the county 
of Hancock, and state of Illinois, one additional police 
magistrate may be elected, who shall hold his office for the 
same term, shall have the same powers and be subject to 
the same duties as other police magistrates in this state. 

§ 2. The police magistrates of said city of Warsaw shall JuriedicUono 
have the same jurisdiction, within said city of "Warsaw, and frat^ '"^""' 
throughout said county of Hancock, and shall receive the 
same fees, as is now provided by law for the police magis- 
trates of the city of Galesburg, in this state. 

§ 3. This act shall be deemed a public act, and shall be 
in force from and after its passage. 

Approved March 10, 1869. 



AN ACT to amend an act entitled "An aot to incorporate the city of Wau- in force Feb. 24, 
kegan." 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, repreiented in the General Assenibly, That the Levy and coi- 
city council of said city of Waukegan shall have power to '^^ttas:. 
levy and collect taxes, annually, on the assessed valuation 
of all real and personal property within said city, as fol- 
lows : 

Pii'st. — For general purposes, not exceeding one dollar For genorai 
and fifty cents on each one hundred dollars' of valuation. p'^''p°*<^^- 

Second. — For the purpose of supporting a system of free Free schools, 
schools in said city, not exceeding one dollar and fifty cents 
on each one hundred dollars' of valuation. 

§ 2, That whenever said city shall be unable to meet Draw warrants, 
its liabilities at maturity, said city 'council shall have power 
to issue warrants on the treasury of said city, in such 
amounts as said city council shall deem proper, drawing in- 
terest at a rate not exceeding ten per cent, per annum, tor 
the amount of such liarilities ; and all warrants heretofore 
drawn on the city treasury, bearing interest, are hereby 
legalized. 

§ 3. The act to which this act is an amendment is here- Act aaiended. 
by amended by inserting, after the word " mayor," in sec- 
tion six (6) thereof, the words, "two (2) supervisors." 
Also, by striking out section sixty-eight (6$) of said act and 
inserting, in lieu theref, as follows: "The supervisors superviBors. 
elected under the provision^ of this agt shall be members 
Yol. 11-37 



290 CITIES — NEW PRIVILEGES. 

of the board of supervisors of Lake county, possessing all 
the authority, rights, powers and privileges of members of 
the board of supervisors of said county, for all purposes 
whatsoever. 
• Conflicting § 4. That all acts in conflict with this act, except section 
acts repealed, gixty-sevcu (67) of the act to which this is an amendment, 
are hereby repealed. 

§ 5. That that this act shall be in force from and after 
its passage. 

Approved February 24, 1869. 



In force March AK ACT supplemental to an act entitled "An act to amend an act entitled 
30, 1869. c^jj ^gj. ^Q incorporate the citv of "Waukegan,' approved February 24, 

1869." 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
Construction of act to which this is supplementary shall not be so construed 
^^'^' as to repeal or affect that part of section thirty-five (35), of 

the act entitled ''An act to incorporate the city of Wauke- 
gan," which provides for the levying of a special tax for 
the purpose of erecting the necessary houses for school 
purposes in said town, and submitting the question in rela- 
sec. 2 repealed, tiou thereto to a voto of the peoole. That all of section 2 
of the act to which this act is supplementary i3 hereby re- 
pealed, except the words " and all warrants heretofore 
drawn on the city treasury, bearing interest, are hereby le- 
galized." 

§ 2. This act shall be a public act, and be in force and 
take effect from and after its passage. 



In force third AN ACT to amend an act entitled "An act to amend the charter of the 
Tuesday in city of Wilmington, countv of Will, and state of Illinois. 

March. • o > . > 

Section 1. J3e it enacted hy the People of the State of 

Illinois, represented in the General Assembly, That all 

School fund, buildings, lots and property belonging to school district 

how vested. number one (1), in town thirty-three (o3), range nine (9) 

east, in Will county, Illinois, are hereby vested in the city 

of Wilmington,. AVill county, Illinois, for school purposes. 

Powers of the § 2- The commou council of said city shall have 

councu. power — 



CITIES — NEW PEIVILEGES. 291 

First. — To build, erect, repair, purchase, hire or lease bum school 
buildings for school houses and other school purposes. iionses. 

Second. — To buy, condemn, appropriate and lease sites school sites. 
and lots for school houses, and the necessary grounds. 

Third. — To furnish schools and school houses with the -.Necessary far- 
necessary library, furniture, apparatus, fixtures, appurte- °^'"^' ^'^' 
nances and conveniences. 

Fourth. — To establish and maintain schools ; to levy and Payment of 
collect taxes for the payment of teachers, and all other ex- 
penses necessary for the proper support of such schools. 

Fifth. — To fix the amount of compensation to be allowed compensation, 
to teachers. 

Sixth. — To prescribe the school books to be used, and the school books, 
studies to be taught in the different schools. 

Seventh. — To prescribe the duties of the board of school inspectors, 
inspectors. 

Eighth. — And, generally, to have and possess all the Management. 
rights, powers and authority necessary for the proper regu- 
lation and management of schools in said city, and to enact 
and to enforce such ordinances, by-laws and regulations as 
may be necessary to carry these powers and duties into 
efi'ect. 

§ 3. There shall be elected, at the first annual charter Election of 
election for city ofiicers, held in the city of Wilmington, ^^p^*^'"'^- 
after the passage of this act, three school inspectors, to hold 
their otiices one for one year, one for two years, and one 
for three years — to be determined by lot — so that one in- 
spector shall be elected each year, at the regular charter 
election of the city, thereafter, to hold his olfice for three 
years. 

§ 4. It shall be the duty of the board of school inspec- Report of. 
tors, on or before the last Tuesday in each school year, to 
publish in the corporation newspaper a full report of the 
number of pupils instructed in the year preceding, the 
several branches of education taught, the amount paid to 
each teacher, the incidental expenses of each school, and 
the receipts and expenditures of the respective schools — 
specifying the sources of such receipts and the object of such 
expenditures. 

§ 5. That all territory, outside of the city limits of said ^J^c?^^^^^^®^ 
city, contained in school district number one, to-wit : Sec- 
tion thirteen (13), east half of section fourteen (east ^ sec. 
14), section twenty-four (24), section twenty-three (23), west 
half of section twenty-six (w. ^ sec. 26), west half of section 
thirty five (w. ^ sec. 35), all that portion of section twenty- 
two (22) lying east of the Kankakee river, of township 
thirty-three (33), range nine (9), and the southwest quarter 
of the southwest quarter of section thirty (s. w. J of s, w. ^ 
sec. 30), in township thirty-three (33), range number ten 
(10), be added to the territory within the limits of said city 
for school purposes and no other ; and the said city is here- 



292 CITIES — NEW PRIVILEGES. 

by fullj'autho'rized and empowered to levy and collect taxes 
on all the property, of all kinds, in said territory hereby an- 
nexed, the same as in other parts of said city, fur erecting, 
building, leasing and repairing school houses, and furnish- 
ing the same, purchasing libraries and necessary apparatus 
therefor, the support and maintenance of schools, and for 
all other school purposes, and no other purposes : Provi- 
ded^ that no tax for school purposes shall be levied and 
collected on or from any property, real or personal, con- 
tained in the territory above described as lying outside of 
the city limits, without the consent of the school inspectors. 
All moneys collected for school purposes shall be kept as a 
separate fund, and expended for school purposes only ; and 
the said city is further authorized and empowered to have 
and to exercise all necessary jurisdiction over said territorj^, 
and the property and the rights of property therein, to fully 
carry out and into effect the provisions of this section ; and 
the legal voters of said territory hereby attached are hereby 
authorized to vote for school inspectors of said city, at any 
place in said city where such electi' sj may be held, and are 
hereby declared eligible to the office of school inspector. 
A separate ballot-box shall be provided, in which the in- 
spectors of election shall receive all votes cast for school 
inspectors, the names of which shall be on a separate ticket. 

Apportionment ■ § 6. The common council shall have power to demand 
of school fnn . ^^^ rcceive, from the trustees of schools in township thirty- 
three north, range nine, in the county of Will, and from 
the treasurer of the school fund of said township, semi-annu- 
ally, such portion of the interest of said school fund and 
such other funds as the school district of said city or the 
schools therein are now or hereafter may be, by law, enti- 
tled to receive. 

Office of direc- § 7. The common council shall possess the same powers 
and be subject to the same obligations and liabilities of the 
directors ot school district number one, in township thirty- 
three (33) north, range nine, in the county of Will, and 
state of Illinois ; and the office of school directors in said 
district is hereby vacated. 

§ 8. This act is hereby declared to be a public act, and 
shall be in force from and after the third Tuesday in March 
next. 

Approved April 9, 1869. 



tor vacated. 



CITIES — 0BLI<>ATI0N8. 293 



AN" ACT lupplcmentary to an act entitled "An act to amend an act en- in force March 
titled ' an act to amend the charter of the city of Wilmington, county 15, 1869. 
of Will, and state of Illinois,' and approved April 9, 1869." 

"Whereas, a board of school inspectors was elected in said Preamble, 
city, of Wilmington on the 16th day of March, 1869, under 
the provisions of section 3 of the act to which this act is 
supplementary, under the supposition that said act was 
then in force, while, in fact, said act was not approved till 
the 9th day of April, 1869 ; therefore, 

Section 1. Be it enacted ly the People of the State of 
Illinois^ represented iii the General Assembly^ That the said Election legai. 
election of school inspectors in said city of Wilmington is 
hereby legalized and declared valid, to all intents and pur- 
poses whatsoever — the official term of said inspectors to 
commence April 9, 1869. 

§ 2. Section 8 of the act to which this act is supplemen- Act amended, 
tary is hereby amended, so as to read as follows: "This when act to 
act is hereby declared to be a public act, and shall be in ^-^^^ «^'**='- 
force from and after the date of its approval." 

Approved April 15, 1869. 



CITIES— OBLIGATIONS. 



AN ACT to legalize certain bonds issued by the city of Alton, and to pro- for March 
Tide for their payment. '^' ^^'^^• 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the iegalkod^^°^*^* 
bonds of the city of Alton, issued by virtue of an ordinance 
passed by the common council of said city December seventh ' 

(7), 1868, be and the same are hereby delareii legal ; and 
for the payment of the principal of said bonds, the common 
council of said city is hereby authorized and required to 
levy, for the years 1875 and 1876, so much of the special 
tax authorized by an act entitled "An act to amend the 
charter of the city of Alton," approved February 16th, 
1865, as will pay such principal, and to collect the same in 
money, and pay the same over to the treasurer of said 
city, who shall keep the same a distinct fund for the pay- 
ment of the said bonds ; and if, after paying all such bonds, 
a surplus should remain in his hands, he shall apply it as 
directed by the common council of said city. 

§ 2. This act shall be in force from and after its passage. 

Approved March 29, 1869. 



294 



CITIES — OBLIGATIONS. 



In force March AN ACT to confirm an act entitled "An act to legalize the proceedings of 
3, 1869. ^jjg town of Aurora, in the county of Kane, and state of Illinois, at the 

annual town meeting held the second day of April, A. D. 1867, in said 
town, in relation to appropriating money to secure the permanent loca- 
tion of the shops of tlie Chicago, Burlington and Quincy Railroad Com- 
pany at Aurora, and for other purposes therein mentioned," approved 
June 13th, A. D. 1867. 

Preamble. "Whereas, under the act above mentioned and for the 

purposes therein specified, the city of Aurora have issued 
twelve thousand dollars, in the bonds of said city, to Isaac 
M. Howell and Edward R. Allen; and, whereas, doubt has 
arisen as to the validity of said act, on the grounds of the 
governor's want of authority to embrace the subject matter 
thereof in this call for said special session — therefore, 

Section 1. Be it enacted by the Peojjle of the State of 
Illinois, represented in the General Assembly, That the 
ActiegaUzed. above mentioned act, so as aforesaid, passed at the general 
assembly, in June, eighteen hundred and sixty-seven, and 
approved the thirteenth day of that month, be and the 
same is hereby, in all things, legalized and confirmed, and 
the aforesaid act of the said city in issuing the aforesaid 
bonds is also legalized and confirmed ; and the said city is 
hereby authorized and empowered, and it is hereby made 
the duty of its common council to impose, levy and collect 
the taxes necessary to pay the principal and interest of said 
bonds, according to their tenor and effect, as in said act is 
provided, or otherwise, as the said common council may 
deem proper. 

§ 2, This act shall take effect and be in force from and 
after its passage. 

In fokce March 3, 1869. 

I, Edwaed RtTMuEL, Secretary of State, do hereby certify that the foregoing act of 
the Twenty-sixth Generul Assembly of the State of Illinois was filed iu the office of the 
Secretttry of State, March 8, 18«9, without the signature of the Governor, but, by virtue 
of Section 21. Article IV, of the Constitution ot this State, the same is now declared 3 
law, having been retained over ten days by the Governor after its reception. 

EDWAKD HUMMEL, Sec'y of State. 



^^ ^30*^1869^^^'^ ^^ ^^'^ *° amend an act entitled "An act to authorize the city of Belle- 
' ' ville and the town of Mascoutah to issue bonds," approved March 6, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That in sec- 
tion number one (1) of said act, that after the word "bear- 
ing," the words "not exceeding" be inserted. 

§ 2. This act shall take effect and be in force from and 
alter its passage. 

Appkoved March 30, 1869. 



Act amended. 



CITIES — OBLIGATIONS. 



295 



AN ACT to enable the city of Bloomingtoo to issue bonds and levy a tax in force March 
for the purpose of paying for the grounds recently purchased in said city 3. 1869. 
by the Chicago and Alton Railroad Company, for their machine shops. 

Whereas, The citizens of the city of Bloomington, in Preamble. 
order to induce the Chicago and Alton Railroad Company 
to erect in said city large and permanent shops, for the 
purpose of doing the manufacturing and repairing of the 
machinery for the operation of the said Chicago and Alton 
railroad, did guarantee to said railroad company that, if 
said company should purchase within said city the neces- 
sary grounds fjr said purpose, and pay for the same, and 
erect in said city permanent shops for said purpose, that 
the said city would repay to said company the entire cost 
of said grounds, together with interest on the same at the 
rate of ten per cent, per annum, from and after its expendi- 
ture, within the period of two years from and after the hrst 
day of April, 1868; and 

"Whekeas, The said company did purchase and pay for, 
within said city, grounds for said purpose, at a cost to said 
company of about $50,000, and have partly erected and 
have in the course of erection large, elegant and substan- 
tial buildings, for the purpose of said shops : therefore. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Asse7nbly, That the -^^"^ ''^°°^^- 
mayor and council of the city of Bloomington, in the 
county of McLean, in the state of Illinois, be and they are 
hereby empowered and directed to either issue the bonds 
of said city, in five equal installments, due in one, two, 
three, four and five years from and after the first day of 
April, 1869, with interest coupons — bonds and coupons 
payable at the office of the treasurer of said city, beaiing 
interest at the rate of ten per cent, per annum, and one- . 
fifth of said bonds to fall due annually — to an amount suf- 
ficient to reimburse said company the entire cost of said 
ground, together with ten per cent, interest thereon, from 
and after the same was expended by said company and to '^^'''^^^• 
levy a tax upon all the taxable property in said city, sufii- 
cient to pay the principal and interest of said bonds, as 
they severally fall due; or, in their discretion, they may 
levy a tax at once upon the taxable property of said city, 
sufficient to reimburse said company for the money ex- 
pended in the purchase of said ground, and interest on the 
same at the rate of ten per cent, per annum, from and afrer 
the time it was so expended by said company; and they 
shall either issue said bonds, and commence the levy of a 
tax for the payment of the principal and interest on them, 
as above, or levy the tax for the payment of the entire sum, 
as above, within six months after the passage of this act. 



296 



CITIES — OBLIGATIONS. 



§ 2. This act shall be in force from and after its pass- 
age, and shall be deemed and taken in all courts and else- 
where as a public act. 

This bill having been returned by the governor with objections thereto, and after 
reconsideration having passed both houses by a constitutional majority, it has become 
a law this third day of March, A. D. 1869. EDWARD RUMMEL, 

Secretary of State. 



In force Jnaa AN ACT to authorize the city of Bloomineton to issue bonds for sewerage. 
19, 1S69. 



Sewerage. 



Section 1. Be it enacted hy the Peojple of the State of 
Illinois, represented in the General Assetnbly, That the 
city of Bloomington is hereby authorized to issue bonds, 
not exceeding in amount the sum of $50,000, and not ex- 
ceeding in any one year the sum of $10,000, of such de- 
nominations as the city council of said city shall determine, 
to draw interest at a rate not to exceed ten per cent, per 
annum, payable annually at the treasury of said city. Said 
bonds shall be made redeemable from time to time, as said 
city council shall direct, at its treasury in Bloomington : 
Provided, that the redemption of said bonds shall not be 
extended longer tlian twenty years. ]^o bond shall be 
issued except by special order of the council of said city, 
at a regular meeting thereof, to be entered on the records 
of said council. Each bond shall be numbered, signed by 
the mayor and clerk of said city, and have the seal of said 
city affixed, and be countersigned by the treasurer of said 
city. The clerk and treasurer shall both keep a particular 
record of the number, denomination, date, and the time 
when each bond so issued shall be redeemable. 

§ 2. Said bonds shall be sold or negotiated to defray 
the expenses of a general system of sewerage, which may 
be adopted and carried out in said city, and for no other 
purpose ; and no bond or bonds shall be issued till the pro- 
ceeds thereof shall be needed to pay for materials or labor, 
or both, then contracted for such sewerage. The proceeds 
arising from the sale of any of said bonds shall be kept 
and accounted for by the treasurer of said cit}'-, separate 
and independent from all otber funds. 

Appeoved March 31, 1869. 



CITIES — STEEET8 AND ALLEYS. 297 



AN ACT to authorize the city of Centralia to issue bonds. In force April 

19, 1869. 

Section 1, Be it enacted ly the People of the State of 
Illinois, represented in the G-eneral Asseinbly, That the issue of i)onds. 
city council of the city of Centralia be and they are hereby Authority to 
authorized to submit to the legal voters of said city, at ?he^peoplJ/'°°' 
such time and iu such manner as said council shall order 
and direct, the question of issuing the bonds of said city, 
to an amount not exceeding fifty thousand dollars, to be 
offered and given in aid to the Southern Illinois N^ormal 
University, if the same is located at said city of Centralia. 

§ 2. That if the majority of those voting at an election saieof bonds 
held under authority of the first section of this act shall Normafuniver- 
vote in favor of the issue of bonds by the city council for ^ity. 
the purposes named in said section, then the city council 
of Centralia shall be authorized to offer any amount of said 
bonds, not to exceed fifty thousand dollars, to said Southern 
Illinois Normal University, to secure its location at Cen- 
tralia, and, if said school is located at Centralia, shall be 
authorized to issue bonds in amounts of one hundred, five 
hundred and one thousand dollars each, payable at such 
times and places as said city council shall designate, and 
bearing interest at the rate of five per cent. p6r annum. 
Sdid bonds shall be signed by the mayor of said city of 
Centralia, and countersigned by the clerk of said city, with 
the seal attached. 

§ 3. That the city council are hereby authorized to levy special taxes. 
and collect a special tax, not exceeding one per cent, per 
annum, on the real and personal property of said city of 
Centralia, to provide for the payment of bonds issued un- 
der the provisions of this act. 

§ 4. This act to take effect and be in force from and 
after its passage. 

Appkoved April 19, 1869. 



CITIES— STREETS AND ALLEYS. 



AN ACT to vacate certain blocks in Hoxsey and Edwards' addition to the in force March 
town (now city) of Carlinville, on the south. 30i 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That blocks vacate streets, 
number twenty-one, (21,) twenty- two, (22,) twenty-three 
(23) and twenty-four, (24,) in Hoxsey and Edwards' addi- 
tion to the town (now city) of Carlinyille, ou the south, be 
Yol.II— 38 



298 CITIES — STREETS AND ALLEYS. 

and they are hereby vacated, and the land on which the 
streets and alleys are laid out between said blocks, and on 
the east and the west sides and south end thereof, shall 
inure to the owner or owners of said blocks, half and half, 
and on the south end the whole thereof. 

§ 2. This act to be a public act, and to be in force from 
and after its passage. 

Approved March 30, 1869. 



In force April AN ACT to remove certain out-lots therein mentioned from within the ju-' 
], 1869. risdiction of the town (now city) of Chester, in Randolph county, and 

to vacate parts of certain alleys therein mentioned. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ 7'epresented in the General Assembly^ That out- 
Lots excluded lots in Opdyke's addition to said city of Chester, numbered 
t[on'ofcity! ^' IVom Sixteen to thirty-three, both inclusive, and from one 
hundred and forty-seven (14:7) to one hundred and fifty-three, 
(153,) both inclusive, be and they are hereby excluded from 
within the jurisdiction of the said city of Chester, in Ran- 
dolph county, and, from and after the passage of this act, 
shall not in any way be subject to the control or jurisdic- 
tion of said city of Chester, in any manner or for any pur- 
pose whatever. 
Alleys vacated. § 2, So uiucli of [the] alleys of Said town of Chester 
as are between the said out-lots mentioned in [the] first 
section of this act, be and the same are hereby vacated. 

§ 3. This act shall be deemed and taken as a public act, 
and shall be in force and take effect from and after its pas- 
sage. 

Approved April 1, 1869. 



In force March AN ACT to vacate certain lots, streets and alleys therein named, and for 
^''' l^*^^- other purposes. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the G-eneral Assembly, That blocks 
Blocks vacated, numbered 2, 10 and 22, and the streets and alleys within 
and between the same, and lots numbered 1 to 12, and 20 
to 32, both inclusive, in block numbered 4 and block num- 
bered IT, and the streets and alleys within and between 
the same, and blocks 6, 7, 14, 15, 26 and 27, and the streets 
and alleys within and between the same, and all that part 
of Fourth street lying between OJiristy avenue and the de- 



CITIES — STREETS AND ALLEYS. 

pot grounds of the Chicago and Alton Eailroad Company, 
all in the Ferry Division of East St. Louis, in St. Clair 
county, shall be and the same are hereby vacated for depot 
and other purposes, for the respective railroad and railway 
companies owning said lots and blocks : Provided^ that 
this vacation shall not affect the rights of other owners (if 
?.ny) of lots in said blocks, or either of them, to the streets 
or alleys bordering on such lots, respectively : Provided^ 
that no street or alley, lot or block, shall be deemed vacated 
under this act, until the city council of the city of East St. 
Louis shall pass an ordinance consenting to such vacation, 
in whole or part. 

§ 2. This act shall be deemed a pubhc act, and shall be 
in force from and after its passage. 

Approved March 30, 1869. 



AN ACT to vacate certain alleys in the city of Kankakee. In force March 

29, 1869. 

Section 1. Be it enacted hy the Peojjle of the State of 
Illinois, represented in the General Assembly, That the AUeys vacated, 
alley running through block number fifty-one, (61,) in the 
town of Kankakee City, and also the alley running along 
tne north side of lot seven, (7,) in block number twenty- 
seven, in said town, be and the same are hereby vacated. 

§ 2. This act shall be deemed a public act, and shall be 
in force and effect from and after its passage. 

Appkoved March 29, 1869. 



AN ACT to vacate a certain alley therein named. In force March 

25, 18;;9. 

Section 1. Beit enacted hy the Feojjle of the State of 
Illinois, represented in the General Assembly, That the al- Aiiey vacated. 
ley running north and south from River street south 
through block number fifty-two (52), of the original plat of 
the city of Kankakee, in the county of Kankakee, state of 
Illinois, be and the same is hereby declared vacated. 

§ 2. This act is hereby declared to be a public act. 

§ 3. This act shall take effect and be in force from 
and after its passage. 

Approved March 25, 1869. 



300 ootnimES — assessments. 



In forc9 March AN ACT to vacate a portion of a street -;; Shelby ville, Shelby countv. 
15,1869. J . J - 

Section 1. Be it enacted ly the People of the State of 
Illinois, rej)resented iii the General Assembly , That so much 
streets vacated, of Charles Street as lies south of Buck street, and bet\7eeii 
blocks thirty-six and thirty-seven, of Crane & Stevens' ad- 
dition to Shelbyville, in Shelby county, be and the same is 
hereby vacated and discontinued. 

§ 2. This act is hereby declared to be a public act, and 
shall take effect and be in force from and after its passage. 

Approved March 15, 1869. 



In force March AN ACT to vacate certain streets and alleys in the seminary addition to 
10. 1869. tjie city of Urbana. 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois, rejyresented in the General Assembly, That so 
streets vacated, much of East Stoughton and East White streets as lay be- 
tween Wright street and Eomine street, in the seminary 
addition to the city of Urbana, together vs^ith the alleys run- 
ning through blocks fifty-two (52) and fifty-three (53) of said 
addition, and the alleys running between lots twenty-seven 
(27) and twenty eight (28), in James S. Busey's addition to 
Urbana, be and the same are hereby declared vacated ; and 
the title to the streets and alleys so vacated, vested in the 
owners of the contiguous lots. 

§ 2. This act is hereby declared a public act, and shall 
be in force from and after its passage. 

Appeoved March 10, 



COUNTIES— ASSESSMENTS. 

In force^March ^^ _^CT in relation to assessments and assessors in certain towns in Cook 



county. 



Section 1. Be it enacted by the People of the State of 

Illinois, represented in the General Assembly, That when 

pfeuon o^f'T" the assessors of the towns of l^orth, West and South Chi- 

eessment iiats. cago, in Cook county, shall, in each year, have completed 

the assessment of the property in said towns, they shall, re- 



COTTNTIES — OBLIGATIONS. 301 

spectively, give notice, by three days' publication in one of 
the daily papers of the city of Chicago, that the same is 
completed and will be open at some public place, to be 
named in said notice, for inspection, correction and revi- 
sion, for ten days from the first publication of said notice. 
The present town assessors of said towns shall remain in 
office until !N"ovember, 1870, and shall, thereafter, be elected 
biennially. 

§ 2. This act shall be a public act, and shall be in force 
from and after its passage. 

Appkoted March 11, 1869. 



COUNTIES— OBLIGATIONS. 



AN ACT to enable the county of Adams to provide for and purchase or con- lu force Jime 



demn grounds for, and erect a new court-house and jail, and for other 
purposes. 



19, 1869. 



Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General AssemUy, That the New court house 
board of supervisors of the county of Adams and state of 
Illinois is hereby authorized to erect a new court house 
and jail for said county, to be located in the city of Quincy, 
and to acquire, as hereinafter provided, grounds whereon to 
erect the same, not exceeding in extent ten acres — the 
cost of said court-house, jail and grounds for the same not 
to exceed the sum of four hundred thousand dollars. 

§ 2. For the purpose of raising money to defray, in issue bonds, 
whole or in part, the expense of constructing said com-t- 
hoQse and jail and acquiring grounds for the site or sites 
thereof, the said board of supervisors is hereby authorized, 
from time to time, to issue bonds of said county in such 
form and for such amounts, bearing such interest and paya- 
ble at such times and places as said board may determine, 
and dispose of the same in payment of the expenses of the 
erection of said court-house and jail, and of the acquisition 
of grounds therefor, or to negotiate and dispose of the 
same to raise money for said purposes ; and said bonds may, 
if deemed advisable by said -board of supervisors, be issued 
under the provisions of an act of the general assembly of 
this state, entitled "An act relating to county and city debts, 
and to provide for the payment thereof, by taxation, in 
such counties and cities," approved February 13th, 1865. 

§ 3. Said board of supervisors is hereby authorized to Levy and coi- 
levy and collect on all the taxable property within said lect taxes. 



302 COUNTIES — OBLIGATlOKS, 

county, Including the city of Quincy, a special annual tax 
sufficient to provide for the regular payment of the princi- 
pal and interest of said bonds as fast as the same become 
due and payable — such tax, however, not to exceed five 
mills on the dollar of such, taxable property in any one 
year ; and said board shall also be authorized to levy a 
special tax upon the taxable property aforesaid, annually, 
not to exceed five mills on the dollar of such taxable pro- 
perty in any one year, and to apply the proceeds of such 
last mentioned tax directly towards the payment of such 
expenses of constructing such court-house and jail and of 
the acquisition of grounds therefor, as are not defrayed by 
means of the issue of bonds hereinbefore authorized, or out 
of other funds applicable to the purpose aforesaid : Pro- 
vided, hoivever, the said board of supervisors shall in no 
event have any power or right under the provisions of this 
act to levy a tax for, or expend any more in the purchase 
of the necessary grounds and construction of said court- 
house and jail than the said sum of four hundred thousand 
dollars, and any interest that may accrue thereon, including 
the proceeds of any money arising from the sale of the old 
court-house and jail and the ground on which they are situ- 
ated, which shall be sold for that purpose. 

Levy speciai tax §4. All Special taxcs riiiscd for the purposGS specified 
in this act shall be separately entered upon the tax books 
of said county, and shall be kept as special taxes, to be used 
only for the specific purposes for which the same, respect- 
ively, shall be levied, and the clerk of the board of supervi- 
sors of said county shall, annually, in making the general 
abstract of taxes to be furnished the county treasurer, spe- 
cially set forth the amount of special taxes so levied in any 
one year, and the specific amount belonging to each, wheth- 
er for the acquisition of grounds and erecting a court-house 
and jail, or for payment of principal and interest of bonds 
which may be issued under this act ; which special taxes 
shall be entered in a book kept for that purpose, by the 
county treasurer of said county, and shall be paid out only 
on orders properly drawn, and specially stating the particu- 
lar fund upon which the same are drawn. 
Acquire land § 5, The Said board of supervisors shall have power to 

coudcmuauon!'' ^cquirc by donation, purchase or condemnation, for the 
site or sites on which to erect said court-house and jail, any 
tract or tracts of land, whatever, not exceeding ten acres, 
in the city of Quincy, by whatsoever person or persons, or 
corporation or corporations, municipal or private, the title 
to the same may be held, and to whatsoever use or uses, 
public or private, -the same maybe appropriated or dedi- 
cated ; and any property in said city, the title whereof is in 
the county of Adams, may be appropriated for the site or 
sites of such court-house and jail, without compensation, 
excepting and reserving from the operation of this act, the 



COUNTIES — OBLIGATIONS. 303 

block of ground known as "Washington Square," and 
now used as a public park; and, also, excepting the block 
of ground known as " Jefferson Square," and now occupied 
by the board of education, for school purposes; which last 
exception is not to take effect or be of any force whatever, 
unless the said Jefferson Square shall be, previous to any 
preceedings under this act to appropriate the same, dedi- 
cated by the owners thereof to the inhabitants of the city of 
Quincy, to be held and used by thera, exclusively, as a 
public park. 

§ 6. If said board of supervisors shall desire to take, for May purchase 
the purpose aforesaid, any real estate, the title whereof is ^^^^ "^ '^"^* 
in the city of Quincy, the said board of supervisors may 
purchase the same of said city, or cause the same to be 
condemned, as hereinafter provided, and the compensation 
therefor shall be paid to said city of Quincy, and said city 
shall have power to convey the same to said board of su- 
pervisors. 

§ 7. If the said board of supervisors shall desire to take, May purchase 
for the purposes aforesaid, any real estate, the title whereof cauon ^^"" 
is in the board of education of the city of Quincy, the said 
board of supervisors may purchase the same from the said 
board of education, or cause the same to be condemned, as 
hereinafter provided, and said board of education shall have 
full power to convey any ground now owned and controlled 
by them, to which they hold the title, to said board of su- 
pervisors, and, in either case, the compensation therefor 
shall be paid to the board of education;" which said board 
of education shall hold the same as a part of the school fund 
of said city, and shall apply the same to the erection of 
school houses and the purchase of sites therefor ; to the pay- 
ment of the indebtedness of said board of education, or tlie 
maintenance and support of the public schools of said city ; 
and until the same shall be needed for such purposes as 
aforesaid, shall loan the same upon good real estate secu- 
rity, at any rate of interest of not less than eight per cent. 
per annum ; and said board of education shall have power 
to sell and convey to said board of supervisors, for the pur- 
poses mentioned in this act, any real estate, not exceeding, 
in the aggregate, ten acres, the title whereof is in the said 
board of education. 

§ 8. Proceedings for the condemnation of land for the condemn land, 
site or sites, for said court house and jail, may be taken 
by and in the name of said board of supervisors under the 
provisions of chapter ninety-two, of the ilevised Statutes of 
the state of Illinois, for 1845, or under the provisions of the 
act of the general assembly of this state, entitled "An act 
to amend the law condemning right of way for purposes of 
internal improvement," approved June 22, 1852. 

§ 9. If several persons or corporations, municipal or pri- conflicting 
vate, have conflicting claims to the whole or any part of the par™! '°^^°" 



30 i COUNTIES — OBLIGATIONS. 

property to be condemned for the site of said court house 
and jail, or either said court house or jail, said board of su- 
pervisors may, if it elects so do, in its petition for the con- 
Desijnation of demnatiou of the property so in dispute, make all the claim- 

them in petition ants thereto parties to such petition, designating them in the 
petition and other'proceedings as claimants of such property; 
and the entire compensation and damages to be paid by the 
board of supervisors, for such property in dispute, shall be 
assessed in one sum and shall be paid by said board of su- 
pervisors into the treasury of this state within sixty days after 
the amount thereof shall have been finally determined by 
report of commissioners, duly filed and not appealed from, 
or by judgment of the circuit court not appealed from, or by 
judgment of the supreme court; and upon the payment of 
such compensation and damages into the state treasury, as 
aforesaid (of which the certificate of the treasurer of this state 
shall be legal and sufiicieut evidence), the title to such pro- 
perty shall become vested iu the said board of supervisors ; 
and in assessing compensation and damages under this sec- 
tion of this act, the amount assessed shall be the highest to 
which any of the claimants would be entitled, if the undis- 
puted owner of the same. 

compeneation. § 10. When -the compensation and damages shall have 
been paid into the state treasury, as hereinbefore provided, 
any of the claimants who shall have been parties to the pro- 
ceedings for condemnation, on which such compensation 
and damages were assessed, may file his bill in chancery in 
the circuit court of Adams county, making the state treas- 
urer and the other claimants parties to such bill, and set- 
ting up his claim to snch'compensation and damages, and in 
such suit the rights of the several parties shall be deter- 
mined, and the court shall by decree direct the said treas- 
urer to which of said parties, and in what proportions, the 
said compensation and damages shall be paid ; and the said 
treasurer shall pay out or distribute the same in the man- 
ner prescribed by the decree in such suit in chancery, as 
aforesaid. Any issue of fact arising between an}- of the par- 
ties which, by the constitution of this state, ought to be tried 
by jury, shall be so tried, if demanded by any party to such 
issue. Xo writ of error shall be taken to any decree ren- 
dered in such suit, but an appeal therefrom may be taken 
as now prescribed by law : Provided, the appeal bond shall 
be filed within thirty days from the rendition of the decree 
appealed from. 
Present court § 11. Said board of supervisors is hereby authorized to 

mT/be^eom.^^" Sell and convey, whenever in its discretion it shall think 
proper so to do, the present court house and jail of said 
county, and the grounds on which the same are located, 
and to apply the proceeds thereof to the expenses of build- 
ing said new court house and jail, and of acquiring grounds 
therefor, or to the payment of bonds issued or indebtedness 



COtTNTIES — OBLIGATIONS. oOS 

contracted for the same, or of interest on Buch bonds or in- 
debtedness : Provided^ posession of such present coart 
bouse and jail and the site thereof Ghall be retained by said 
board until the new court house and jail are ready to be 
used. 

§ 12. The city of Quincy shall be represented in the Board of aup«i- 
board of supervisors of Adams county by two members from "^'^'"" 
each of the wards of said city, in all matters pcrcaining to 
the purchase of grounds for and the erecting of a court 
house and jail, and levying taxes for the same, and also for 
levying taxes to defray the expense of maintaining the county 
and the circuit courts of said county, and furnishing records 
and blanks for all county offices, and the necessary repairs 
in and about the court house and jail, and also for levying 
special taxes for paying the interest on bonds, and also the 
principal of such bonds as may be issued by virtue of this 
act; which taxes herein enumerated shall be the only things 
for which the city of Quincy shall be taxed in relation to 
any matter pertaining to the county. of Adams. The county 
of A lams shall maintain and support all paupers, streets 
and highways outside of the city of Quincy, in said county; 
and the city of Quincy shall maintain and support her own 
paupers and streets each in the same manner as they now 
do under the present laws regulating the same. 

§ 13. The city of Quincy shall annually, at the charter Election ot 
election, on the third Monday in April, elect from each ward ^°^^^ 
in said city two supervisors, who shall hold their office for 
one year and until their successors are duly elected ; which 
supervisors so elected shall represent the city of Quincy in 
the board of supervisors of Adams county in all matters 
specified in this act: Provided^ that the present aldermen 
of the difierent wards in said city shall be, ex officio^ super- 
visors in said board until the annual charter election of said 
city in April, 1869. 

§ 14. The board of supervisors of said Adams county shaii e«timat« 
shall, at the annual meeting in September, in each year, ofneedfui'funda 
make an estimate of the amount required for the current 
year for each specific purpose set forth in this act, which 
amounts shall be levied upon all the property in said coun- 
ty, including said city of Quincy, by a uniform rate per cent. 
Said taxes, when collected, shall be paid into the county 
treasury and kept separate and distinct, and be paid out 
only as hereinbefore provided. 

§ 15. At said city elections there shall be elected an as- Assessor asd 
sessor and collector for said city, who shall have the power «°"*<='^*^''- 
to perform the duties and be subject to the obligations of 
town collectors and assessors. Said assessor and collector 
shall be assessor and collector of state and county taxes in 
said city, the same as in the towns of said county; and all 
laws applying to such offices in such towns, as also coun- 
ty clerks, relating to state and county taxes, shall apply to 
Vol. 11—39 



306 COUNTIES — OBLIGATIONS. 

this act ; and for collecting the .special county taxes, provi- 
ded for in this act, there shall be paid a commission of one 
per cent only. 
Committee of § 16. The board of supervisors of Adams county, in the 
cwzeus to select j^^tter of Selecting a site or sites on which to erect a court 
house and jail, and other matters pertaining thereto, shall 
appoint a committee of seven citizens of said county, four 
of whomsliall reside outside of the city of Quincy, and three 
"within said city, which commttee, when appointed, shall 
possess such powers only as may be delegated to them by 
said board of supervisors, and be subject at all times to such 
rules and regulations as may be specified by the board of 
supervisors, trom time to time, and receive such compensa- 
tion as said board of supervisois may deem advisable to 
allow. 
Judges of eiec- § 17. In all matters pertaining to state and county elec- 
tions, tions in the city of Quincy, the city conncil of said city 
Appointment of. sball appoint all judges of elections, and furnish suitable 
places for holding elections, and control all matters pertain- 
ing thereto in the same manner as city elections: Provided^ 
that returns of state and county elections in said city shall 
be made to the county clerk in the manner as now provi- 
ded by the general laws of this state. The city council shall 
fix the am.ountto be paid judges and clerks of election with- 
in said city, and audit and paj the bills for the same. 
Conflicting ads § 18. This act shall repeal all laws inconsistent here- 
repeae . with, and the taxation provided for in said city of Quincy, 
under the provisions of this act, shall be and the same are 
hereby deemed and held to be in lieu of any payment of 
money by said city to said county heretofore provided by law. 
§ 19. This act shall be submited to a vote of the quali- 
Acttobesub- fied votcrs of the county of Adams, including said city of 
mitted to vote. Q^^jp^gy^ ^^^^ ^^w election special so far as the same relates to 
said city, to be held on the first Tuesday in the month of 
April next, and, if a majority of the votes in said county, 
including said city, cast at said election, shall be in favor of 
this act, then the same shall immediately become a public 
act, and be in full force and effect; but if a majority of the 
votes cast at said election shall be against said act, then the 
sanie shall be null and void. The votes cast at said elec- 
tion shall have written or printed thereon, "For new court 
house and jail," or "Against new court house and jail ;" and 
under the election provided for herein the registry of 
the legal voters of said county and city, used at the last 
preceding election, shall, as far as practicable, be used 
at the eiection herein provided for in place of making 
a new registry of voters, as now required by law. The 
clerk of said city shall give such notice of this election 
as is now required in cases of election for city oflicers, 
and the clerk of said county shall also give such notice 
of the said election as is now required to be given in 



COUNTIES — OBLIGATIONS. 307 

cases of elections for county officers, and they shall each of 
them also cause publication tlsereof and of this act, in full, 
to be made at least twenty days before said election in the 
''Quincy Herald'' and "Qaincy Wiiioj" and ''Quiricy Tri- 
bune," newspapers published in said city of Quincy. Said 
elections shall [be] in other respects, as near as can be, held 
and conducted and the vote canvassed and returns thereof 
made in the same manner as is now provided by law for 
general elections. 

Approved February 20, 1869. 



AN ACT to facilitate drainacre in Bureau county. force March 

26, lb69. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented, in the General Assembly^ That the change course 
board of supervisors of Bureau county ma}' channel Green °* "^®^* 
river, for the purpose of draining the swamp and oveiilowed 
lands adjacent to said river, in said county ; and they may * 
borrow money for the purpose of channeling said river : 
Provided^ they shall not borrow an amount of money, for 
said purpose, exceeding the estimated value of the lands 
belonging to said county. 

S 2. The board of supervisors may appoint three citi- commissioners 

r? T> . • • L .1 1 1^, assess benefits. 

zens 01 Uureau county, commissioners to assess the benehts 
done to any lands by the channeling of Green river, said 
commissioners to be the judges as to what lands are bene- 
fited, and the amount of the benefit. Said assessment shall 
be certified and sworn to by said commissioners, before 
some ofiicer in said county who is authorized to administer 
oaths, and returned in writing, so certified and sworn to, 
one copy to the drainage commissioners of said county, 
and one copy to the county clerk of said county ; said copies 
shall be filed and preserved by said officers in their respec- 
tive offices. Said assessments shall be a lien upon the 
lands assessed, from and after the time they are returned 
to the drainage commissioners and county clerk, until they 
are paid. Said commissioners shall take an oath to faith- 
fully and impartially discharge their duties, before they 
enter upon their office. 

§ 3. The board of supervisors of said county shall have collection of 
power to direct how any and all moneys assessed under this ^'^^'™^°^^- 
act shall be collected, and also power to carry into lull 
force and efi'ect any and all of the provisions of this act. 

§ 4. This act shall take effect and be in force from 
and after its p'issage. 

Approved March 26, 1869, 



308 



COUNTIES— OBLIGATIONS. 



I fofce Marc AN ACT to authorize the board of supervisors of Christian county to bor 
' • row money and issue bonds for certain purposes therein named. 

Section 1. Be it enacted ly the People of the State of 

Illinois^ reyresented in the General Assembly, That the 

isane bonds for board of supervisors of Christian county, state of Illi- 

fire-proofTauit. j^^jg^ ^^ ^^^ ^j^^^ ^^^ hereby authorized to borrow 

money and issue bonds of said county, in the aggregate 
sum not exceeding fifteeen thousand dollars (^15,000),^ for 
the purpose of building a fire proof vault to protect the 
records of said county, and to purchase land for a poor 
farm, in said county. 
Amount. | 2. The number and size of said bonds, and the time 

and place of the payment thereof, and the form and man- 
ner of issuing the same, to be determined by the board of 
supervisors of said county : Frovided, said bonds shall not 
not bear interest at a greater rate than ten per cent, per 
annum. 

§ 3. This act shall be a public act, and take efi'ect 
and be in force from and after its passage. 
Appboved Marcli 25, 1869. 



In force March 
29, 1889. 



Indebtednees. 



IsSne bonds. 



AN ACT to enable the county of Clark to fund certain indebtedness. 

Section 1. Be it enacted "by the People of the State of 
Illinois, rejyresented in the Oeneral Assembly, That the 
board of supervisors of the county of Clark be and they 
hereby are authorized and empowered, in their discretion, 
to fund the indebtedness of the county of Clark, for boun- 
ties to persons who volunteered and were enlisted into the 
military service of the United States, and credited to the 
several towns of said county, and who are entitled lawfully 
to bounty of four hundred dollars each, under the provi- 
sions of an act entitled "An act to authorize the levy and 
collection of taxes in the counties of Jasper, Cumberland, 
Crawford and Clark, for the payment of bounties to per- 
sons who enlist and are mustered into the military service 
of the United States," approved February T, 1805, and of 
certain resolutions of said board of supervisors, within the 
authority of said act, offering a bounty of four hundred 
dollars, etc., upon the terms hereinafter set fjrth. 

§ 2. In the event that the said board of supervisors 
shall determine to fund said indebtedness, it shall be law- 
ful for them, at any of their regular or special sessions or 
terms, to cause to be issued county bonds or orders, for the 
amount thereof, payable at any time, in the option of the 



COUNTIES — OBLIGATIONS. 309 

board of supervisors, within ten years, and bearing such 
rate of interest as they shall prescribe, not less than six 
nor more than ten per cent, per annum, payable annually. 
Said bonds or orders may be of any denomination or size 
desired by the person or persons*to.Vbom they shall be 
issued, and they shall be issued and delivered to the per- 
son or persons respectively, their'^^agents or assigns, who 
shall, at the time of their issue, be lawfully entitled to re- 
ceive the said bounty of four hundred dollars. Said bonds 
or orders shall be countersigned by the county treasurer, 
and by him delivered and paid over to such persons as 
shall be entitled to receive the same. 

§ 3. In all cases where'':persons who were entitled to Bonds canceled. 
such bounty have received county orders therefor, they shall 
surrender the same to the treasurer of Clark county, and 
he shall cancel and destroy the same before such person 
shall be entitled to receive any bonds or orders under the 
provisions of this act. 

§ 4. The said board of supervisors shall also cause like Powers of the 
bonds or orders to be issued and delivered to all persons «^p^^^^^°^^- 
who have paid county taxes, levied by virtue of the reso- 
lutions of said board of supervisors, adopted on the 15th 
day of March, A. D. 1865, for the amount of such taxes 
paid by them respectively. 

§ 5. The county treasurer of Clark county shall keep Duties of the 
a true and perfect registry of all orders paid out by him *^°"° ^ ^^easurer 
under the provisions of this act, and also of all outstanding 
bounty orders, which shall be returned to him to he can- 
celed, and he shall report the same to the board of super- 
visors, from time to time, and as often as they shall require. 

§ 6. After the said board of supervisors shall determine Levy and coi- 
to fund said indebtedness, they shall annually assess and ^®^* **^®~" 
cause to bo collected a tax upon all the taxable property, 
real and personal, in Clark county, suiiicient to pay the 
interest accruing on said bonds or orders; and they may, 
also, at the same time, assess and cause to be coilecced, 
such additional sum as they may deem expedient for the 
payment of the principal of said bonds or orders. Said 
tax shall, in all respects, be levied and collected in the 
same nianner, at the same time and by the same ofBcers 
as other county taxes, and when collected, it shall be set 
apart and kept as a fund exclusivel}^ for the payment of the 
principal and interest of said bonds or orders. 

§ 7. The county treasurer and collector and the several ^J^^^^"^"^^^® 
town collectors of the county of Clark, in giving their offi- 
cial bonds, shall be required to give the same for a sum 
sufficiently large to cover, in addition to the other!^ revenue 
which may come into their hands, all moneys which may 
come into their hands under the- provisions of this act, and 
they shall be liable to be prosecuted upon such bonds, lor 
any delinquency in collecting or paying over said tax. 



310 COUNTIES — OBLIGATIONS. 

Fees of office. § 8. The sauie fees shall be allowed to the several 
officers, for extending, collecting and paying out such tax, 
as is allowed by law in other cases, for like services. 
Signify inten- § 9. The board of supervisors of the county of Clark 

d i)f '^^ fi^^'ii'-'s shall, within nine months from the passage of this act, sig- 
nify their intention to fund said debt by a resolution to that 
efiect, to be adopted by them and spread upon their records; 
and in default thereof, from and after the expiration of the 
said nine months, this act and the several provisions 
thereof shall cease to be of any force or effect whatever. 

§ 10. This act is hereby declared to be a public act, 
and shall take effect and be in force from and after its 



ment, etc. 



Appeoved March 29, 1869. 



In force Mr.rch AN ACT to authorize the board of supervisors of Cook county to issue 
2a, 1869. bonds to aid said county in the erection of public buildings. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
Issue bonds. board of Supervisors of Cook county be and are hereby au- 
thorized to issue bonds to an amount not exceeding two 
hundred and fifty thousand dollars, to aid said county in the 
erection of public buildings. 

Timeof'pay- § 2. Said bonds shall be of such denomination and shall 
be payable at such times and places as said board of super- 
visors may deem expedient, and shall bear interest at the 
rate of seven per cent, per annum, payable semi-annually. 
§ 3. Said bonds shall be signed by the chairman of the 
board of supervisors and the clerk of the county court, and 
countersigned by the treasurer of said county. 

Portion of re- § 4. And be it further enacted, that the iDoard of super- 

"^ "' ^ visors of said county be and are hereby authorized to take 
the necessary amount, not exceeding fifteen thousand dol- 
lars, out of said bonds, to defray the expense of improving, 
by graveling or macadamizing, the road leading from the 
northwestern plank road, on the south line of sections six- 
teen and seventeen, township forty, range thirteen, east of 
the third principal meridian, to the Cook county poor house, 
in the town of Jefferson, in said county, said road being 
known as the west branch of the northwestern plank road. 

Compensation § 5. And the county treasurer of Cook county shall per- 
form all the services required of him by this act, and shall 
receive, as full compensation for such services and in re- 
ceiving and disbursing the funds, a commission of one quar- 
ter of one per cent., and no more; and for every service 
which may be rendered under this act, he and his securities 



served for grad^ 
ing roads. 



of treasurer. 



COUNTIES — OBLIGATIONS. 311 

shall be liable for a proper discharge of the same, as now 
provided by law in regard to the duties of said treasurer. 

§ 6. This act shall be deemed a public act, and shall take 
effect from and after its passage. 

Appkoved March 25, 1869. 



AN ACT to amend an act entitled "An act to authorize the county court In force March 
of Franklin county to issue county bonds." 29, 18ti9. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented i7i the General Assembly, That sec- issue bonds. 
tion one of the act entitled "An act to authorize the county 
court of Franklin county to issue county bonds," approved 
January 13, 1863, be and the same is hereby amended so 
as to read "sixty thousand dollars," instead of "twenty 
thousand dollars;" said bonds to be issued by the county 
court of Franklin county, Illinois, for the same purposes 
and at the same rate of interest as specified in said act. 

§ 2. That the act entitled "An act to authorize the Act repealed, 
county court of Franklin county, Illinois, to issue county 
bonds," approved February 10, 1863, be and the same is 
hereby repealed. 

§ 3. This act to take effect and be in force from and 
after its passage. 

Approved March 29, 1869. 



AN ACT to authorize Iroquois county to issue bonds and to provide for the In force March 
payment of the principal and inturest thereon. '-^i ISS^- 

Whereas, by the action of the board of supervisors of Preamble. 
Iroquois county, at various times since the year A. D. 1861, 
certain county orders or ceitificates were issued for the 
purpose of paying military bounties, and the same, with the 
interest thereon, will within the next two years become due 
and payable; therefore 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the (xeneral Assembly, That the issue bonds, 
board of supervisors of Iroquois county may issue bonds of said 
county, from time to time, as they may be required, not ex- 
ceeding the sum of fifty 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 shall authorize the said bonds to be sold at a rate of 



312 oomrxiES — obligatioks. 

not less than ninety cents on 
ner as said board may direct, and the proceeds thereof shall 
be paid iuto the county treasury, and shall be applied to 
the payment of said military bounty orders, together with 
the interest thereon. 
How executed. § 2. The Said bonds shall be signed by the chairman 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 
countersigned and registered by the treasurer of said coun- 
ty, and said bonds shall be regularly numbered, and be in 
denominations of not less than five hundred dollars nor 
more than one thousand each, and may or may not, as said 
board shall direct, have interest coupons attached; but in 
. case that interest coupons be attached, each of said coupons 
shall be signed, countersigned, registered and numbered in 
the same manner as said bonds. 

Levy and col- | 3. The said board of supervisors are hereby directed 
and required to levy a tax, from time to time, as they shall 
be required, for the prompt payment of the principal and 
interest upon said bonds, as the same shall become due and 
payable, which said tax shall be collected as other county 
taxes, and the same, when collected, shall be set apart and 
applied to the principal and interest of said bonds, as afore- 
said. 

Duiics of the § 4:. The county treasurer shall, immediately after the 
treasurer. proceeds of the sale of said bonds are paid into the trea- 
sury, give notice in some newspaper published in the city 
[of] Chicago, in this state, and also in some newspaper 
published in said Iroquois county, that he is prepared to 
pay said military bounty orders or certificates, together with 
the interest accrued thereon; and the interest on all of said 
militarj^ bounty orders, which may not be presented for pay- 
ment within sixty days thereafter, shall cease. Upon all 
moneys paid into the treasury from the proceeds of the sale 
of said bonds, or from taxation to pay the principal and in- 
terest upon said bonds, the treasurer of said county shall be 
entitled to receive a commission of one-half of one per 
cent., and a like commission of one-half of one per cent, for 
paying out the same, and no more. 

Compeusation ^ 5. Said board of supervisors may allow such reason- 
bonde^^°'^'^""^ able Compensation for negotiating said bonds as to said 
board may seem just. 

Secretary state § 6. Immediately upon the passage of this act, the sec- 

togiveiiotice. j-Qtarj of gtate shall transmit a certified copy thereof to the 

clerk of the county court of said Iroquois county. 

§ 7. This shall be deemed a public act, and be in force 
from and after its passage. 
Approved March 24, 1869. 



COUNTIES — OBLIGATIONS. 313 



AN ACT t enable Jefferson county to build a court house and jail. Ir force March 

^ "* 4, 1869. 

Section 1. £e it enacted hy the People of the State of 
Illinois^ represented in the General Asseinbly, That the issue oonds. 
county court of Jefferson county, and state of Illinois, are 
[is] hereby authorized and vested with full power and au- 
thority to issue, not exceeding one hundred thousand dol- 
larSj'in county bonds, bearing interest at such per cent, per 
annum, and payable in such time as the said county court 
may deem proper, for the purpose of enabling the said 
county court to construct a court house and jail in said 
county. 

§ 2. The said county court, upon the issuing of said special tax. 
bonds, are hereby authorized and required to cause to be 
levied and collected a special tax sufficient to pay the inter- 
est accruing, either semi-annually or annually, on said 
bonds, and also to provide for the payment of the princi- 
pal of said bonds on or before the maturity of the same, 
as said county may contract or deem expedient. 

§ 3. The said county court are hereby authorized and construction of 
vested with full power and authority to purchase and hold 
all such real estate as may be necessary to construct said 
court house and jail upon; and also to make and execute 
all such contracts as may be necessary to carry out the pro- 
visions and true intent of this act. 

§ 4. This act shall Is deemed and taken as a public 
act, and shall be in force :rom and after its passage. 

Appkoved March 4, i8fi9. 



new court 1 



AN ACT to authorze the board of supervisors of Macon county to pur- In force March 
chase grounds therein described, and to release the same.' 2, 1869. 

Section 1. Be it enacted hy the People of the State of 
niinoiSj represented in the General Asse^nbly, That the PnrciiasG fair 
board of supervisors of Macon county be and the same s™""^*^^- 
are hereby authorized to purchase, of the Macon County 
Agricultural Society, the land now owned and used by said 
society as a fair ground ; and that said board are hereby 
authorized to lease the said grounds to said agricultural 
society, for such time and upon such terms as said board 
may determine. 

§ 2. This act shall take effect and be in force from and 
after its passage, and shall be taken and deemed a public 
act. 



Yol.II— 40 



314 



COUNTIES— OBLIGATIONS. 



In force March AN ACT .to legalize certain acts of tho]'couiity court of Macoupin county, 
9' 1869. and to enable it to complete a court house in said county. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ Thit all 
issne or bonds bonds Or Other evidences of indebtedness heretofore issued, 
egahzed. in^^ood faith, by the county court of Macoupin county, to 

raise money or discharge contracts^ iu''|reference to the 
building of the court house in said county, are hereby le- 
galized ; and said county court is hereby authorized to bor- 
row money and issue bonds therefor — bearing not exceed- 
ing ten per cent., principal and interest payable at such 
time and place as may be indicated in said bonds — to raise 
whatever sum may be necessary to complete said court 
house and improvements connected therewith. 
Levy tax to § 2. It shall be the duty of the county court, or other 
pay eres . proper authorities of said county,^to|levy|a|sufficient tax, 
from year to year, not exceeding one per cent, in addition 
to the taxes now authorized by law, to pay the interest on 
said bonds and other evidences of indebtedness heretofore 
issued or hereafter to be issued, in good faith, and the prin- 
cipal when due, 
■ § S. This act to be in force and take effect from and 
after its passage. 

Approved March 9, 1859. 



^° aTlS^^'^^^ ^'^ '^^^ to authorize the county court of MariongCounty^to issue bonds and 
' ■ levy tax for the purpose of building a jail in said coanty. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That the 
iflsue bonds. county court of Marion county are [is] hereby' authorized 
and empowered to issue county bonds, of not less than 
fifty nor more than one hundred thousand dollars each, 
with interest coupons thereto attached, and not to exceed 
in the aggregate the sum of fifty thousand j'dollars. Said 
bonds shall be made payable in not less than one nor more 
than five years from the time they are issued, bearing an 
annual interest not to exceed two per cent. Said bonds 
shall not be sold below the par value thereof, and shall 
always be receivable for taxes and other dues to said coun- 
ty of Marion. Said bonds shall be sealed and signed by 
the judge of the county court, and ^countersigned by the 
clerk of said court ; • and the interest of the said bonds shall 
be paid punctually, each and *every year, in the town of 
Saline, in said county, to the owners thereof. 



OOXTNTIES^BLIGATIONS. 315 

§ 2. The faith and credit of the county of Marion, to Levy special tax 
gether with all the property of said county, are hereby 
pledged and made accountable for the payment of said 
bonds and interest ; and said county court of Marion coun- 
ty are [is] hereby authorized to levy and collect a special 
tax on all taxable property of said county — [the] same to 
be levied and collected as other taxes for county purposes 
— for the purpose of paying the interest, annually, on said 
bonds, and the principal of said bonds as they may fall 
due. 

§ 3. The county court of Marion county are [is] hereby Purchase Bite 
authorized and empowered to purchase suitable grounds, '°^'^^'^*''*^'' 
and to erect and build thereon a suitable jail, in the town 
of Saline, in said county, for the said county of Marion ; 
and the amount of money necessary to purchase grounds 
and erect said jail shall be paid out of the proceeds of the 
sale of said lands. 

§ 4. The question of issuing said bonds shall be sub- issaa of bonds, 
mitted to a vote of the legal voters of Marion county, on submitted to 
the first Tuesday after the first Monday of November, A. '^s^i voters, 
D. 18G9, and the tickets then voted shall be either " For 
the loan " or "Against the loan." If a majority of the 
votes cast be for the loan, then the county court shall pro- 
ceed to carry out the provisions of this act ; and if a ma- 
jority of the votes cast be against the loan, then this act 
shall be null and void, and nothing shall be done towards 
carrying out the provisions of this act until after the 
the election mentioned in this act. 

§ 6. This act shall take effect and be in force from and 
after its passage. 

Appkoved March 31, 1869. 



AN ACT to authorize the board of supervisors of MoHenry countj to pur- In force wheu 
chase lands, and erect buildingsjthereon for the support of paupers, and adopted by 
to repeal an act therein named. ^^ ^°^^''^- 

Section 1. Be it enacted hy the People of the State of 
Illinois^ repesentedin the General Assembly, That it shall Q*IJ^^ P^'^^^iase 
be lawful for the board of supervisors of McHenry county, ^°'^^ *'™' 
from time to time, to raise by tax on the taxable property 
of said county, as much money as may be deemed neces- 
sary to purchase a farm, and to make improvements and 
erect buildings thereon, suitable for the support and main- 
tenance of the paupers of said county, and also for the pur- 
chase of teams, farming implements, furniture, and what- 
ever else said board may deem necessary for successfully 
carrying on said farm, for the uses and purposes herein 



316 COUNTIES — OBLIGATIONS. 

specified or designed : Provided, that said tax shall not 

exceed five mills on the dollar, for any one year. 

Agents to con- g 2. Said board of supervisors are hereby authorized to 

uct arm. employ such agents and other persons as may be necessary 

to establish, put in operation and carry on such farm or 

poor house. 

Title to vest in §3. The title to the property authorized to be acquired 

s^^ervisorB. ^^ ^|^-g ^^^^ ^j^^^l j^^ made to the board of supervisors of 
McHenry county and their successors in office, and shall, 
together with all the personal property necessary for suc- 
cessfully carrying on the business of said premises, be held 
for the use of said county, free and exempt from all taxes 
for any purpose whatever. 
compieiion of § 4. Whenever the board of supervisors shall have 

make recorder Completed the poor house here contemplated, and shall have 
such fact entered upon its records, and that said house is 

Act repealed, ready for the reception of the poor of the county, then the 
act entitled "An act to provide for the support of paupers in 
Burean and McHenry counties," approved February 10th, 
1853, so far as the same applies to the county of McHenry, 
shall be repealed and no longer in force in said McHenry 
county ; and all laws which were thereby repealed, and all 
general and public laws since passed, which do not conflict 
with this act, shall lake efiect and be in force as fully and 
com])letely in McHenry county, as if said act of February 
10,1853, had never passed. 
Submitted to § 5. On the Tuesday after the first Monday in Novem- 

legai voters. \^Qy^ j-^g^t after the passage of this act, the legal voters of 
said county of McHenry shall vote at their several places 
of holding election, with written or printed ballots, or both, 
on which shall be written or printed " For poor law" or 
"Against poor law." The voting, canvassing of vot-es and 
making returns thereof, shall be conducted in all respects 
in accordance with the general election laws of this state for 
county officers. If, on counting c canvassing said votes, it 
shall appear that a majority of all La 3 votes cast at said elec- 
tion were " For poor law," then rhis act shall take efiect 
and be in full force. But if it shall appear that a majority 
of said votes were " Against poor law," then this act shall 
be of no force or efiect whatever. 

§ 6. This act shall be a public act, and recognized in all 
courts without special pleading ; and shall take efiect and 
be in force from and after its ratification as aforesaid. 
Approvep March 29, 1869. 



COUNTIES — OBLIGATIONS. ' 317" 

AN ACT to amend an aoi entitled "An act authorizing the county of Me- in force Feb. 11, 
Lean to issue bonds fcr the purpose of building a court house," approved i8C9. 

February, 18, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illnois, rejpTesentedin the General Asseinbly, That an act en- Levy taxes. 
titled " An act authorizing the county of McLean to issue pubuc buildings 
bonds for the purpose of building a court house," approved 
February 18, 1867, be and the same is hereby amended 
as follows : "That for the purpose of erecting a suitable 
court-house, jail and other 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 
purposes, for the term of ten years, upon all the taxable pro- 
perty of said county, to be levied and collected as other 
county taxes are levied and collected." 

§ 2. Said board of supervisors are hereby further au- issue bonds, 
thorized to issue bonds for said purposes, for a sum not to 
exceed five hundred thousand dollars, in sums not less than 
five hundred dollars, payable out of the revenue arising from 
said special tax, with interest at a rate not to exceed ten 
per cent, per annum : Provided, that no fees or per cent- 
ages on said bonds or on the moneys arising from the sale 
or disposition of the same, shall bo paid to or retained by 
any officer of said county, or any|other person, for issuing 
or negotiating said bonds, or for receiving, holding or dis- 
bursing the moneys arising therefrom, except such as shall 
be fixed by the board of supervisors of said county of Mc- 
Lean. 

§ 3. This act to be in force and take efiect from and af- 
ter its passage. 
Approved February 11, 18G9. 



AN ACT to continue in force the act of the 25th February, 1867, entitled jq force June 
" An act to authorize the county court of Montgomery county to in- 19, 18!J9. 
crease the coiyity revenue." 

Section 1. Beit enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the act Act continued. 
entitled " An act to authorize the county court of Montgom- 
ery county to increase the county revenue," approved Feb- 
ruary 25, 1867, be and the same is hereby continued in full 
force and efiect till the last day of July, A. D. 1871, and 
the levy of said SOcentson thehundred dollars, or 8 mills on 



318 OOUNTIES — OBLIGATIONS. 

the dollar may be on the equalized value of the taxable 
* property, real and personal, assessed in said county for the 
years 1869 and 1870. 

Approved :^arch 2, 1869. 



In force March AN ACT in relation to the poor in Ogle county, Illinois. 

31, 18G9. 

Section .1 Be it enacted ly the People of the State of 

Illinois, rejpresentedin the General Assembly^ That the board 

Purchase poor of supcrvisors of the said county of Ogle have the power, 

honee farm. ^^^ ^^^^^ are hereby authorized to purchase a farm for the 
benefit of the poor of said county, and to keep the same in 
necessary repair, and make such improvements and addi- 
tions from time to time as may be reqmred, at the expense 
of the county treasury ; and the said board of supervisors 
shall, under such rules, regulations and contracts as Ihey 
may deem necessary, provide that the said poor farm shall 
be open to the reception and use of such poor as the sev- 
eral town authorities of said county may offer. 
Expense of § 2. Each towu in the said county, after said poor farm 

paupers. Q\yQ{\ be ready for the reception of paupers, shall respect ■ 

ively pay the expenses of the support of the paupers resi- 
ding in such town, out of the treasury thereof, in the same 
manner and form as other town expenses. 
Revised Stat- § 3. That the provisions of sections fourteen (14), fif- 

utesto apply. ^^^^ (^g^^ ^^^ sixteen (16), of the Revised Statutes, entitled 
" Paupers," shall apply and operate between the several 
townships of said county in the same manner as they do 
between the several counties of the state; and if any per- 
son shall become chargeable in any organized township in 
said county, who has not resided in said county a sufficient 
time to become legally a charge upon the said town, the over- 
seer of the poor having such pauper in charge shall give 
notice thereof to the county clerk of the said county, whose 
duty it shall be to give notice thereof to the authorities of 
the prope? county, as in other cases, and the expenses of 
taking care of such paupers, when received from such for- 
eign county, shall be paid into the treasury of the proper 
township. 
Provisions § 4. That the provisions of sections twelve (12) and 
mended. thirteen (IS) of chapter eighty (SO), of the Revised Stat- 
utes are hereby so amended, in their application to and be- 
tween the several organized townships of said county, as to 
require a residence of six months within the town, to en- 
title any person to become a charge upon the same. 

§ 5. This act shall take effect from and after its pas- 
sage. 
Appeoted March 31, 1869. 



COUNTIES — OBLIGATIONS. 319 

AN AOT to authorize the board of supervisors of Peoria county to build an in force March 
alms house and to issue bonds to pay for the same. 26, 18G9. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the Erect an aims- 
board of supervisors of Peoria county are hereby author- ^°^^^' 
ized and empowered to build an alms house in said county, 
for the use of said county, and that they be further author- 
ized and empowered to issue the bonds of said county to the 
amount of sixty thousand dollars, to pay for the erection of 
said alms house. 

§ 3. That no bond issued by authority of this act shall Bonds issued, 
be for a longer time than fifteen years, nor for a higher rate 
of interest than eight per cent., to be paid semi-annually at 
such time and place as the board of supervisors may di- 
rect. 

§ 3. Whenever the board of supervisors shall, by order Execate bouds. 
or resolution, direct the^'issuing of bonds for the purpose 
heretofore mentioned, it shall be and is hereby made the 
duty of the chairman of the board of supervisors to sign 
said bonds — which bonds shall be countersigned by the 
county clerk, who shall attach thereto the county seal. 

§ 4. The board of supervisors may and they are here- Levy speciaitax 
by authorized to levy a special tax upon the personal and 
real property^of said county, to be collected as now provided 
by law, not exceeding one mill upon the dollar in any one 
year, for the purpose of paying the principal and interest 
on the bonds issued under this act. 

§ 5. All moneys arising from the sale of bonds issued Aims-house 
under this act, together with any taxes that may be levied ^™'^^- 
to pay either principal or interest accruing upon said bonds, 
shall be denominated the alms house fund and shall only 
be used for the payment of said bonds and the interest 
thereon. 

§ 6. This act to be in force and take effect from and af- 
ter its passage. 

Approved March 26, 1869. 



AN ACT to authorize the county court of Perry county to issue bonds to In force March 
build a poor house. -^' 1^^^- 

Section 1. Be it enacted hy the Feople of the State of 
Illinois, represented in the Qeneral Assembly, That the issue bonds, 
county court of Perry county are [is] hereby authorized to 
issue bonds, bearing no more than ten per cent, per annum 
interest, and payable within ten years of the date of their 
issue, to the amount of ten thousand dollars, (•$10,000,) the 



320 OOTJNTIES — OBLIGATIONS. 

proceeds of which are to be applied in the erection of 
buildings, and making other improvements on the county 
poor farm of said county. 

§ 2. This act to be a public act, and in force from and 
after its passage. 

Approved March 27, 1869. 



In force March AN ACT authorizing the county court of Randolph county to issue bonds. 
27, 1869. 

Section 1. Be it enacted hy the People of the State of 
Iilhiois, represented in the General Assembly^ That the 

Issue bonds, county court of Eandolph county, state of Illinois, be and 
ihe same is hereby authorized to issue bonds, to the amount 
of thirteen thousand dollars — said bonds to be for one hun- 
dred dollars each, payable in fifteen years from date, and 
bearing interest at the rate cf ten per cent, per annum, 
payable in currency. 

§aie of bonds. | 2. Said bonds shall not be sold for less than their 
face, and the proceeds shall be applied to the redeeming of 
interest-bearing orders. 

§ 3. This act shall be in force from and after its pas- 
sage. 



Id force March ^N ACT to authorize the board of supervisors of Stephenson county to 
appropriate money for the erection of a monument to the deceased sol- 
diers of said county. 



30, 1SG9 



Section 1. Beit enacted hy the Feoj>le of the State of 

Illinois^ represented in the General Assembly, That the 

Appropriation board of Supervisors of the county of Stephenson be and 



A.. . 

monnmmt.'^" they are hereby authorized and empowered to appropriate 
a sum of money, not exceeding ten thousand dollars, for 
the purpose of aiding and assisting the Stephenson County 
Soldiers' Monument Association in building and erecting a 
monument to the memory of the deceased soldiers of said 
county. 

Tax. g 2. Said board of supervisors are hereby further au- 

thorized and empowered to levy a tax sufficient to meet 
such appropriation; which tax maybe additional to the 
tax which said supervisors are now authorized to levy; and 
said board of supervisors may, in their discretion, levy the 
whole of said tax in one year, or distribute the same over 
several years. 



COUNTIES — OBLiaATIONS. 321 

§ 3. This act shall be a public act, and shall be in force 
from and after its passage. 



AN ACT to authorize the board of supervisors of Stephenson county to In force March 
levy a tax to build a court house. ■*! 1869. 

Section 1. Be it enacted hy the People of the State of 
lllinoisy represented in the General AsseniUy^ That the court house tax 
board of supervisors of the county of Stephenson are au- 
thorized, at their annual meeting, by a majority vote of the 
full ])oard, to levy a tax, not to exceed one per cent, per 
annum on the dollar, upon all taxable property in said 
county, for the purpose of building a court house. 

§ 2. This act shall be in force from and after its pas- 
sage. 

Approved March 4, 1869, 



AN ACT to authorize the county of Vermilion to issue bonds to build a lu force Feb. 19, 
court house in said county. 1869. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assemhly, That the ,i^.^5?^°^^^f°r 

1 , ]. -^ . „ -IT- .,. , , ^J . 1 1 IJHildiug court 

board of supervisors of Vermilion county be and is hereby house, 
authorized and empowered to issue bonds, for a sum not 
exceeding one hundred and twenty-five thousand dollars, 
in sums not less than one hundred dollars, payable not 
later than on or before the expiration ot thirty years from 
the date of issue, as said board may determine, with inte- 
rest at a rate not to exceed ten per cent, per annum, paya- 
ble annually, for the purpose of building, or aiding in the 
building, of a court house in the city of Danville, county 
aforesaid. 

§ 2. Said bonds shall be signed by the clerk of the Bonds, howex- 
board of supervisors, sealed with the seal of said county, ^'^'^^^^' 
and countersigned by the county treasurer, and, when 
issued, shall be binding on said county of Yermilion. 

§ 3. The clerk of said board of supervisors shall keep Record of bonds 
a record of the bonds issued, the numbers thereof, to whom 
payable, for what amount, when payable, for what rate ot 
interest, when paid and when burned ; and on the payment 
of each bond, or as soon thereafter as settlement may be 
made with the county treasurer, and the bonds be received 
from him as vouchers, the same shall be burned in the 
Vol. n-41 



322 COUNTIES — ROADS AND BEIDGES. 

presence of the board of supervisors ; -and the clerk of said 
board, and the chairman thereof, shall, under their hands, 
certify on said record the burning of said bonds, the num- 
bers thereof, and the amounts, and the date of destruction. 
Sale of bonds. § 4, gpjd bouds shall not be sold or disposed of for leas 
than their par value ; and said board of supervisors shall 
levy and cause to be collected, annually, a special tax on 
all real and personal estate situated in said county, not to 
exceed three mills ou the dollar, to be collected in the same 
manner as other county taxes ; and the taxes so collected 
shall be applied to the payment of the interest accruing on 
said bonds, and the excess (if any) shall constitute a sink- 
ing fund, to be applied from time to time in extinguishing 
the principal of said bonds, as said board may direct: 
Provided^ that no taxes shall be levied or collected for the 
purpose of raising a sinking fund, as above provided, until 
after the issue of said bonds : And, provided, J^urther, 
that said bonds, and no part thereof, shall be issued by the 
said board of supervisors, until a majority of said board of 
supervisors shall decide to build a court house in said city 
of Danville. 

§ 5. This act shall take effect and be in force from and 
after its passage. 

Approved February 19, 1869. 



COUNTIES— ROADS AND BRIDGES. 



1° force March AN ACT to change and re-locate a part of a county road leading from the 

' • town of Cumberland to the town of Westfield, in Cla-.k county, Illinois; 

alsi, to change and re locate a part of the state road leading from York, in 

Clark couatv, Illinois, to the town of Charleston, in Coles county, Illinois. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented iii the General Assembly, That the 
changeroad. county road leading from the town of Cumberland to the 
town of AYestheld be changed and re-located as follows : 
To commence on said county road fifty rods south of the 
center of the cross roads in the Round Grove, in section 
twenty-nine, (29.) township number eleven (11) north, 
of range fourteen west; thence in a north-east direction 
until it intersects the state road at a point fifty rods east of 
the center of the said Round Grove; thence in a north- 
west direction to a point on said county road fifty rods 
north of said center of said Round Grove. 



OOTJNTIEB — BOADS AJSTD BEIDaES. 823 

§ 2. Also, to change and reloca*:e a part of the state He-iocation of 
road leading from the town of York, in Clark county, Illi- 
nois, to the town of Charleston, in Coles county, Illinois — 
eaid change to be made in the same section, township and 
range as in the first section of this act — said change and 
re-location to commence fifty rods east of said center of 
said Kound Grove ; thence in a north-west direction to a 
point on the above-named county road fifty rods north of 
said center of said Eouud Grove ; thence in a south-west 
direction to a point on said state road fifty rods west of 
said center of said cross roads in Kound Grove. 

§ 3. The commissioners of highways of Parker town- Sarvoy. 
ship, Clark county, Illinois, shall immediately, or as soon 
as practicable after the passage of this act, procure a com- 
petent surveyor, and proceed to survey and re-locate said 
roads, as set forth in the preceding sections. The owners 
of the lands through which said roads will pass, when re- 
located, to incur and pay all expenses of re-locating said 
roads. 

§ 4. This act to be deemed a public act, and take effect 
from and after its passage. 

Approved March 27,1869. 



AN ACT to legalizo public highways in Fayette county. In force April 

Section 1. Be it enacted hy the People of the State of 
Illinois^ Tepresented in the General Assembly^ That ail survey icgai. 
•roads or parts of roads which have heretofore been laid out 
as public highways by the commissioners of highways in 
the several townships in the county of Fayette, or which 
have been laid out by other competent and proper author- 
ity, are hereby declared legal roads ; and it shall not be 
lawful for any persons to question, in any court, any of the 
proceedings by which such roads were laid out as public 
highways: Provided, such roads can be vacated, changed 
or altered hereafter, as is now or may be hereafter provided 
by law. 

§ 2. This act shall only include such roads as have been Application of 
worked upon or used as public highways. this act. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Appko%t;d April 6, 1869. 



324 COUNTIES — ROADS AND BRIDGES. 



In force March AN ACT to amend an act entitled "An act to authorize tbe county court 
SO, 1869. of Henderson county to levy a special tax for road and bridge purposes," 

approved June 13, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Time extended, powcrs therein granted to the county court, in the act re- 
ferred to, be and the same are hereby extended for a period 
of three years more, in addition to the time therein speci- 
fied. 

§ 2. This act to take effect and be in force from and 
after its passage. 

Appkoved March 30, 1869. 



In foree April AN ACT to repeal an act entitled "An act to authorize the board of su- 
15, 18C9. pervisors of Knox county to fix the rates of commutation of road labor, 

and to determine what shall be a lawful fence in said county," approved 
February 28, ISBT. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Actrepeaied. act entitled "An act to authorize the board of supervisors 
of Knox county to fix the rates of commutation of road 
hibor, and to determine what shall be a lawful fence in said 
county," approved February 28th, 1867," be and hereby is 
repealed. 

§ 2. This act shall take effect and be in force from and 
after its passage. 

Appkoved April 15, 1869. 



In force Feb.—, AN ACT to authorize the board of supervisors of Lawrence county, Illinois, 
^^*'''" to fix toll on east and north Embarrass bridges. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Collect tolls, board of supervisors of Lawrence county, Illinois, be and 
they are hereby authorized to collect tolls on the east and 
north Embarrass bridges, at Lawrenceville, in said county, 
from all persons not residents or citizens of said county, 
at such rates as in the opinion of said board may seem advi- 
sable. 

§ 2. This act shall be in force from and after its pas- 
sage. 

Apkoved February, 1869, 



OOUNTIBS — EOADS AND BRIDGES. 325 



AN ACT in relation to the state and county roads of Madison county, in force March 

25, 1869. 

"Wheeeas, there are in the county of Madison, state and preamwe. 
county roads which have never been surveyed, platted and 
recorded in the proper olhce, and others that have been so 
platted have been lost or destroyed, and the plats of other 
roads, by constant use and the defect of material used in 
their construction, have become torn, ragged and illegible ; 
and, whereas, some of said plats have no courses or distances 
given or other means of identification, and it has become 
necessary to have said plats transcribed and put in proper 
shape, and plats made of roads where no plats now exist ; 
and, whereas, the county court of said Madison county has, 
heretofore, emplowed Don Alonzo Spaulding (a competent 
surveyor) to re-survey said roads, ascertain where the same 
now are, as platted, used and traveled by the public and 
worked by the county authorities, and said Spaulding is 
now engaged in said work and in making acciirate plats of 
the same, conforming as near as possible to the plats, and 
showing where said roads are actually located ; therefore, 

Section 1. Be it enacted ly the Peojple of the State cf 
Illinois, represented in the General Assemtly, That the compel com- 
county court of said Madison county be and they are here- pietionofpiats. 
by authorized to complete the work so commenced by the 
said Spaulding and now carried on by him, either by em- 
ploying said Spaulding or such other person or persons as 
they may deem competent for the purpose, and cause such 
plats to be bound in suitable books, to be by them provided ; 
and when said work is completed, as contemplated herein, 
the said county court shall enter on their records, that 
they have examined said plats and have approved the 
same ; and when such entry shall be made of record, it 
shall be presumed in all courts and places that the require- 
ments of this act have been complied with, and the said plats, 
60 made, under the direction of the county court aforesaid, 
shall be held and esteemed in all courts and places as j^m/ia 
facie evidence of the legal location of the roads represented 
thereon, at the time of the entry of said order of approval. 

§ 2. Said plats shall be kept and preserved by the Duties of the 
clerk of the county court, in his ofiice, and whenever, there- ^°""'y ^'"^• 
after, a change or re-location of a state or county road shall 
be made, or a new road established, as provided by law, 
said clerk shall cause said change, re-location or establish- 
ment of a new road to be carefully and accurately noted 
and drawn on said plats, and when done, the same to have 
the same force and efi'ect as the original platting, and for 
which he shall receive such compensation as the county 
court may think right in each case. 

§ 3. All payments made by said county court, out of Payments. 
the county treasury, for the work already performed, is 



326 OOTTNTIBS — E0AD3 A2JD tiEIDGBS. 

hereby approved and ratified, and the county court is 
hereby authorized to pay out of the county treasury such 
further sums as may be necessary, in their discretion, for 
the completion of eaid work. 

§ 4. This act to be in force from and after its passage. 

Appeoted March 25, 1869. 



In force th'rty AN ACT entitled "An act to provide for keeping in repair and the building 
days after pub- of bridges, roads and highways in St. Glair county." 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That in lieu 

Levy special tax of the road labor and tax system, as now provided by law, 
the county court of St. Clair county shall have power, 
whenever they may decide to do so, and shall enter an or- 
der to that etiect upon their record, to levy a special tax 
on all property taxable for county and state purposes in 
said county, outside of incorporated cities and towns in 
said county, not exceeding live mills on the dollar, for the 
purpose of building county roads, bridges and highways, 
and to keep the same in good repair. Said road tax to be 
collected and assessed as the county and state taxes are now 
assessed and collected by law. 
constrnction § 2. The county ccurt of said county, at the December 

of roadB, etc. ^^^yi\ thereof, in each year, are hereby empowered to let 
out by contract the building of all roads, bridges and high- 
ways, or the keeping of the same in good repair, or build 
and keep the same in repair by day labor. If let by con- 
tract, it shall be let in such divisions as said county court 
may deem proper, to the lowest responsible bidder, who 
shall give bond and good security in double the amount of 
his contract ; which bond shall be made payable to the 
county court of said county, for the use of the people thereof, 
conditioned for the faithful performance of his contract, as 
agreed upon by said county court. 
Appointment § 3. The Said county court shall have power to appoint 

°er?i^ebuirdfn' suitable pcrsou or persons to supervise the building and 

of roads.^' ^"^ keeping in repair all the county roads, bridges and high- 
ways in said county, under the control and direction of 
said county court, and shall receive such compensation 
therefor as said county court shall deem right and proper, 
not to exceed, however, five dollars per day for his or their 
time actually employed in the performance of his or their 
duties, to be paid out of the county treasury, 
obstructionof § 4. The Said supervisor or supervisors shall have the 

roads. same power as conferred upon supervisors in section 16 in 

laws of 1856, appertaining to roads, and is (or are) hereby 



COUNTIES — SUPERVISORS. 827 

aatliorized to bring suit before any justice of the peace of 
the county, to recover fines for the obstructions and con- 
tinuance of obstructing of public roads, bridges and ^ high- 
ways, suing in the name of the county court in their ofii- 
cial capacity. 

§ 5. The said county court shall specify the time, in each contract, 
contract, for the completion of the roads, bridges, and 
highways so let; and all laws and parts of laws in conflict 
with the provision of this act, are hereby repealed. 

S 6. The said county court shall have power and are Re-enactment 

" , , . -1 . ,. 1 •' 1 • . T i T 1 or present law. 

hereby authorized, it they deem it expedient and proper and 
for the interest of the county, to re-enact the present road 
law as now established by law, by entering an order to that 
effect upon the record of the county court and by giving 
at least 30 days' notice in some newspaper published at the 
county seat of said county. 

§ 7. This act shall not take effect nutil it shall have 
been published at least 30 days in some newspaper or news- 
papers published in said county. 



COUNTIES— SUPERVISORS. 



AN ACT to reduce the number of supervisors in Clay county. ^^ ^'^i%^^^^^ 

Section 1. £e it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That from Election of 
and after the first Thursday in April, 'A. D. 1869, the ^"'^®^^^^°'^^* 
board of supervisors of the county of Clay shall be com- 
posed of one supervisor from the town (township) of Clay 
city, one supervisor from the town of Stanford, one super- 
visor from the town of Harter, one supervisor from the 
town of Louisville, one supervisor from the town of Xenia, 
as by this act formed, one from the towns of Hosier and Pise- 
ley, one supervisor from the towns of Bible Grove and Plair, 
and one supervisor from the towns of Larkiusburg and Osca- 
loosa, and no others : Provided^ that whenever any of said 
towns or districts shall have attained a voting population 
of eight hundred, as shown by the actual number of votes 
cast at any regular election," then such town or districts 
shall be entitled to be represented in said board by one 
additional member, for each ei£-ht hundred voters, to be 
chosen as other members thereof, at any annual or special 
election. 



Consolidation 
of to^vns. 



Manner of elec- 
tion of supervi- 
sors. 



32S COUNTIES — StTPEEVISORS. 

^ 2. The towns of Xenia and Souger, in said county, 
shall be and are hereby united and consolidated into one 
town, under the name of the town of Xenia ; and the an- 
nual town election for the year A. D. eig*hteen hundred 
and sixty-nine, for the town hereby created, shall be held 
and conducted by the officers of the present town of Xenia, 
at the usual place of voting therein : Provided, that all 
acting constables and justices of the peace in said towns of 
Xenia and Songer, shall hold their respective offices until 
the expiration of the terms to which they were elected. 

§ 3. The supervisors of the district composed of the 
towns of Hosier and Piseley, the district composed of the 
towns of Bible Grove and Blair, and the districts composed 
of the towns of Larkinsburg and Oscaloosa, shall be chosen 
as other town officers, and the town clerk of said towns 
shall each make returns to the county clerk of said county, 
within ten days after each annual town election, of the 
number of votes cast for each and every person voted for, 
for supervisor. The supervisors of each of said districts 
shall perform all the duties of supervisors of each town in 
such districts, except the duties pertaining to the ^registry 
of voters, and elections and auditing claims in the town in 
which he shall not reside, which duties shall be performed 
by a justice of the peace in such town, to be designated by 
the town clerk, and each of said supervisors shall give to 
each town a bond with surety as now required by law. 

§ 5. Each member of the board of supervisors of said 
county shall receive, for his services, while attending the 
meeting of the board or for attending to other business, for 
the benefit of the county or as a member of the board, not 
exceeding two dollars per day. 

. - ^- " " 

repealed. inconsistent with the provisions of this act, are hereby re- 

when this act pealed. This act shall be deemed a public act, and take 
shall take effect, effect from and after its passage. 
Approved March 8, 1869. 



Compensation. 



Conflicting acts 



lu force March AN ACT t'^ provide for the election of additional supervisors in the county 
2^1 IS'j''- therein named. 



Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
Annual dection legal votcrs in the first and second wards of the city of 
Lincoln, in the county of Logan, shall be entitled to elect, 
annually, one supervisor; and the legal voters in the third 
and fourth wards of said city of Lincoln shall also be en- 
titled to elect, annually, one supervisor, in addition to the 



of supervisors. 



COUNTIES— SUPERVISORS. 329 

township supervisors, to which the townships of East and 
West Lincoln are now entitled, under the general township 
organization law; and said supervisors shall he elected in 
the same manner, and under the same rules and regulations, 
and at the same time that other city officers are elected ; 
and the clerk of elections, held under the provisions hereof, 
in the first and second wards of said city shall, within six 
days after any such election, make out and deliver to the 
town clerk of the township of East Lincoln, an abstract of 
the votes cast for supervisor in said first and second wards ; 
and the clerks of elections held under the provision hereof, 
in the third and fourth wards of the city of Lincoln, shall 
also, within six days afrer ariy such election, make out and 
deliver to the town clerk of the township of West Lincoln, 
an abstract of the votes cast for supervisor in said third and Abstract of 
fourth wards; and it shall be the duty of the town clerks "^°*^^- 
of the townships of East and West Lincoln, immediately 
after the receipt of such abstract, to make out and deliver 
to the person entitled, a certificate of such election ; and 
such persons, so elected, shall thereupon be m.embers of the 
board of supervisors of Logan county, and shall have pow- 
ers and enjoy all the rights, powers and privileges that are 
enjoyed by assistant supervisors, or such as may hereafter 
be enjoyed by assistant supervisors under the general town- 
ship organization law. 

§ 2. This act shall be deemed a public act, and be in 
force from and after its passage. 

Appkoved March 29, 1869. 



AN ACT supplementary to an act entitled "An act to provide for the in force March 
election of additional supervisors in tlio county therein named." ^^^ 1S69. 

Section 1. Be it enacted hj the People of the State of 
Illinois, represented in the General Assembly, That the Ejection of 
first election of supervisors under the ace to which this act ^"p^"'"'""" 
is a supplement, shall bo held on the first Monday in May, 
A. D. 1869, and thereafter at the general city elections, for 
the election of city officers. The registry of voters used at 
the election held on the 8th day of March, A. D. 18{;9, for 
the election of city oflicers, shall be used as the registrj^ for 
said first election, and no other registry of votes shall be 
required. 

§ 2. The city clerk of the city of Lincoln shall give ^^ Notice by city 
the same notice of elections, held under the provisions "' 
hereof and the act to which this is a supplement, as are 
now required for the election of city officers ; and all ex- 
penses incurred, of what kind or nature soever, in the elec- 

Yol. 11—42 



330 ; COUNTIES — SUPEEVIS0E8. 

tion of supervisors under the provisions of this act, and the 
act to which this act is a supplement, shall be paid by the 
city of Lincoln, and not by the county of Logan or the 
townships of |]ast and West Lincoln. 

§ 3. This act shall take effect and ^be in force from and 
after its passage. 

Appkoyed March 30, 1869. 



In force Fet), 20, ^^ j^Q-p ^.q confer certain authority on the board of supervisors of Macon 
^^6®- county, Illinois. 

Preamble. Whekeas, the qualified voters of the county of Macon, 

in the state of Illinois, did on the £'5tli day of July, A. D. 
1S6S, at a special election in said county, vote to subscribe 
twenty-live thousand dollars to the capital stock of the 
Monticello Railroad Company, in pursuance of an act of 
the general assembly of the state, supplemental to an act 
entitled "An act to provide for a general system of rail- 
road incorporations," approved l^Toveniber 6th, 1849 ; and 
whereas some irregularities are supposed to exist in rela- 
tion to said election, but that a large majority of the quali- 
fied voters at said election voted for said subscription, 
showing a decided expression of the voters of said county, 
in favor of subscribing said amount of stock in said com- 
pany ; therefore, 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the Ge^iefral Assembly^ That the 
8up«rTiforB to board of supervisors of the county of Macon, in the state 
raii?oaa!°^^ ^° of Illinois, be and are hereby authorized to subscribe for 
shares of the capital stock of the Monticello Railroad Com- 
pany, for and on behalf of the said county of Macon, to 
the amount of twenty-five thousand dollars, and to issue 
the bonds of said county to said company, to the amount of 
said stock so subscribed, signed by the chairman of said 
board of supervisors and attested by the clerk of said 
county. Said bonds to run for the space of twenty years 
from the date of the issue, with the privilege, upon six 
months' notice, of paying any time after five years ; said 
bonds to bear interest at the rate of eight per cent, per 
annum, payable annually at such banking house, in the 
city of ISew York, as said board of supervisors may desig- 
nate. That said board of supervisors may make said sub- 
scription of stock at any meeting of said board, but said 
subscription ehall.be made upon the express condition that 
said bonds shall not be issued to said company, until said 
company's road shall be completed, in a good and substan- 
tial manner, from the city pf Ohampaign, in Champaign 



COTINTY TAXES. 831 

county, Illinois, to the city of Decatur, in Macon county, 
Illinois, and a train of cars run into the city of Decatur 
over said road. 

§ 2. That in case said board of supervisors shall make stock controlled 
said subscription, as hereby authorized, the stock so sub- t»y supervisors. 
scribed shall be under the control of said board of super- 
visors, in all respects, as stock owned by individuals ; and 
the chairman of said board of supervisors and the clerk of 
said county shall, upon the completion of said road, and 
the running of a train of cars into the city of Decatur over 
said road as aforesaid, issue and deliver to said company 
the bonds of said county, to the amount of stock so sub- 
scribed, and the faith of said company shall be pledged 
for the annual payment of the interest and the redemption 
of the principal of said bonds according to their tenor and 
effect, and the said county shall levy and collect a sufficient 
tax for that purpose. 

§ 3. This act shall be deemed a public act, and shall be 
in force from and after its passage. 

APPROVED February 20, 1869. 



COUNTY TAXES. 



AN ACT to authorize the board of supervisors of Fulton county to ap- In force March 
propriate certain county taxes in certain towns therein named, to the '^t ^S''^- 
payment of certain bonds issued by said towns. 

Section 1. Be it enacUd hy the People of the State of 



Illinois^ represented in the General Assembly, That the 

board of supervisors of the countv of Fulton be and they °^'?^ ^°'" '■^^^- 

,,^,,-,, " - .J road purposes. 

are hereby authorized and empowered to appropriate so 
much of the county tax^ of said county, as shall hereafter 
be assessed and collected on that part of the branch of the 
Chicago, Burlington and Quiucy railroad, as is situated in 
the towns of Pleasant and Vermont, in said county of Ful- 
ton, to the payment of certain bonds issued by said towns, 
to aid the Chicago, Burlington and Quincy Eailroad Com- 
pany in the construction of said road ; which amounts, when 
collected, shall be divided, pro rata, between said towns 
of Pleasant and Yermont, according to the amount of bonds 
of each, and until said railroad bonds are paid, or until 
otherwise ordered by the said board of supervisors. 

§ 2. Nothing herein contained shall be so construed Constmction of 
as to make it obligatory upon the said board of supervisors ^'^^' 
to make any such appropriation's is authorized in the first 



332 COUNTT TAXES. 

section of this act, the power herein conferred being dis- 
cretionary only. 

§ 3. This act shall take effect and be in force from and 
after its passage. 

Appeoved March 4, 1869. 



In force Feb. 5, AN ACT to authorize the board of supervisors of McLean county and the 
1869. corporate authorities of the several townships therein to refund certain 

taxes to certain persons therein named, 

Section 1. JBe it enacted hy the Peoj)le of the State of 
Illinois^ represented in the General A&seinUy, That the 
Tax refunded board of Supervisors of McLean county and the corporate 
to soldiers. authorities of the several townships therein be and they 
are hereby authorized to refund to any and all soldiers who 
enlisted and was mustered into the United States' service 
for one year or more, and who was honorably discharged 
therefrom, and their widows and orphans, ail taxes collected 
from them by said county of McLean, or any township 
therein, for war purposes. 
Levy aiici col- § 2. The board of supervisors of Bald county of McLean 
lect taxes. ^^^ ^t^q Corporate authorities of each township therein are 
hereby authorized toissue the bonds of said county or town- 
ship, payable in one, two, three, four and five years, with 
interest, annually, at ten per cent., and to levy a tax for 
the payment of the same.; not exceeding one mill on the 
dollar of taxable property, or they may levy said tax and 
refund the amounts collected without the issuing of bonds. 
§ 3. This act shall be in force and take eiiect from and 
after its passage. 

Approved February 5, 1869. 



In force March AN ACT to authorize the several towns of the county of Vermilion to dis- 



1869. 



pose of certain funds therein named. 



Preamble. Whekeas, by virtuc of an act entitled "An act to author- 

ize the levy and collection of taxes in the counties therein 
named, for the payment of bounties to persons mustered 
into the service of tlie Uuited States, and to support the 
families of such persons," approved February 2, 1865, the 
citizens of the several towns of the county of Yermilion, 
in the state of Illinois, collected a greater sum of money 
than was expended by them for the purposes contemplated 



DRAINAGE COMPANIES. 333 

by said act, and have now a surplus of such fund on hand 
and unappropriated ; therefore, 

Section 1. Be it enacted hy the People of the State of 
Elinois, represented in the General Assembly^ That the surplus fund, 
legal voters of the several towns in said county be and they 
are hereby authorized and empowered, at their next town 
meeting, or at a town meeting to be called for such purpose, 
determine how and for what purpose such surplus fund 
shall be disposed of, 

§ 2. This act shall take effect and be in force from and 
after its passage. 



DRAINAGE COMPANIES. 



AN ACT to authorize the drainage of lands and construction of levees, J^ foj-ce March 
embankments, locks, roads, fences and hedges in Greene county, Illinois, 4, 1SG9. 

and the creation of a company for that purpose. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That Joseph corporate pow- 
Brovv'n, John R. Keach, Samuel T. Mayo, Walter Mayo «r8- 
and John "W. Woodson, their associates and successors, be 
and are hereby created a oody politic and corporate, by the 
name and style of "The Illinois Bottom Levee Company," Nameandeiyie 
with power to contract and be contracted with, sue and be 
sued ; to own real estate, either by gift or purchase, and to 
sell and convey the same. Said company may have a 
common sea!, which they may alter or renew at pleasure. 
Said company shall have power to make by-laws, rules aud 
regulations, not inconsistent with the laws of the land, 
which shall be binding upon said company and all persons 
having business with or an interest in the business of said 
company. 

§ 2. The said Joseph Brown, John R. Keach, Samuel open books for 
T. Mayo, Walter Mayo, and John W. Woodson, or a ma- ^^^^^'Ption. 
jority of them, shall meet, on or before the tirst day of June 
next, at the town of Carrollton, county of Greene, state of 
Illinois, and shall proceed to open books of subscription to 
the capital stock of said company ; and whenever the sum 
of twenty-five thousand dollars ($25,000) shall have been 
subscribed and five per cent, paid in, or secured to be paid 
in, upon said stock, the said stockholders shall, after ten 
days' notice in some public newspaper printed iu the coun- 
ty of Greene, and state of Illinois, meet and elect five di- , Appointment 

•' ' ' of directors. 



334 DRAINAGE COMPANIES. 

rectors for the management of the affairs of said company, 
from whom shall be chosen, bv election, a pre3:dent and a 
treasurer, vrho shaJl be the acting officers of said company. 
After the election of said directors, the corporators shall 
hand over to them all books and papers, money and pro- 
perty belonging to said company. AH future elections of 
directors shall be held at such times and places as may be 
provided for by the by-laws of said company; and at all 
such elections each share of the capital stock of said com- 
pany shall be entitled to one vote, and said share may be 
represented by proxy. 
Powers of the § 3. Said Company is hereby authorized and empow- 

directors. ^„^^ ^^ ^^.^ upon,take possession of, survey, locate, construct 

aud complete dykes, ditches, levees, embankments, culverts, 
roads, bridges, guard locks and dams ; to change [or] clear 
out obstructions in or widen the channel or bed of any creek, 
lake or slough, and to keep the same in repair over, through 
or across any lands in the county of Greene, state of Illinois, 
in townships numbered eight (8), nine (9), ten (10), eleven. 
(11) and twelve (12) north, of ranges numbered thirteen 
(13) and fourteen (14) west of the third principal meridian, 
lying and being between the bluffs skirting the Illinois 
river bottom on the east and the east bank of the Illinois 
river — the boundaries of the territories or lands intended to 
be included in the grant herein being as follows, to-wit : 
On the north by the northern line of said county of Greene ; 
on the south by the southern line of said county of Greene, 
or the north bank of Macoupin creek ; on the east by the 
blufTs skirting the Illinois river bottom on the east, and on 
the west by the east bank of the Illinois river. And shall 
have power to locate and construct their works over, under 
or across any public road, railroad, turnpike or plank road 
which now is or may hereafter be laid out aud constructed 
in said territory ; and, for such purpose, shall have the 
right of way upon and may appropriate to the use and pur- 
poses contemplated therein all the lands, stone, timber 
and materials of every kind necessary for the location, con- 
struction and alteration of said dykes, ditches, levees, em- 
bankments, culverts, roads, bridges, guard locks and dams, 
and for the maintenance and repairs of the same. 
Posfessionand § 'i. Said Company shall have power to take possession 

inciosureofiand of and incloBC, either by hedges, pickets, ditches, embank- 
ments or otherwise, all or any part of the uniuclosed or 
unimproved lands embraced in the territory mentioned in 
section three of this act. And when such lands, or any 
part thereof, may be inclosed as provided in this section, 
the said company, together with such others as may own or 
purchase lands within such inclosure, and who shall pay a 
ratable proportion of the expense of inclosing such lands or 
parts thereof, shall have the solo and esclusive right and 
control in and to the said lands therein, and shall have the 



DfiAINAGE COMPANIES. 335 

right to protect and defend the same by any and all actions, 
suits and remedies by the laws of this state provided for 
the protection of private lands, fences and inclosures ; and 
may recover, for trespass and damage done the same, to- 
gether with the timber, grasses and other appurtenances, 
the same penalties as are recoverable for eimilar offenses 
against like property of natural persons by the laws of this 
state. 

§ 5. Said company shall have power to condemn land condemn land. 
and materials for the purpose of the construction of any of 
the said works mentioned in this act, and for the purpose 
of keeping the same in repair; and for such purposes, shall 
have and may exercise all the pov/ers conferred by any of 
the laws of this state for acquiring right of way for railroads, 
public roads or other public uses, and in the same mode 
and manner as may be provided in any such laws : Provi- 
ded, tliat an appeal from such condemnation shall not hin- 
der the use and occupancy of the said land or materials so 
condemned, upon the said fompany giving security, to be 
approved by tiie clerk of the court to which said appeal is 
taken, to abide by and pay such damages as may be 
assessed against said company. 

§ 6. The capital stock of said company e-hall be two Amount capi- 
huiidred thousand dollars ($200,000), and be divided into *^^ ''°'^- 
shares of fifty dollars each ; and it may be increased, from 
time to time, as a majority of the stockholders may direct.' 
And said shares shall be deemed personal property, and 
shall be issued and transferred in such manner and under 
such conditions as the directors of the said company shall, 
by the by-laws thereof, prescribe. 

§ 7. The said corporation may borrow money and issue Eorrov? money, 
its bonds or other evidences of indebtedness, bearing such j . . 
rates of interest and payable at such time or times and at 
such place or places as its directors may think proper, and 
may secure such bonds or other indebtedness by mortgage 
or deed of trust upon their property, works and franchises, 
in such manner as said directors may think fit ; and may 
sell such bonds or other evidences of indeb!:edne3s at any 
rate of discount agreed upon by said directors. And such 
bonds or other evidences of indebtedness may be converted 
into stock by the holders thereof. 

§ 8. That, for the purpose of meeting any interest upon psy interest on 
the capital invested and the expenses incurred in the con- i^oads issued, 
struction of the embankments, levees, drainage and other 
works mentioned in this act, and all interest accruing upon 
the bonds or other indebtedness issued by the said company, 
for such purposes there shall be annually levied and col- 
lected, in the mode hereinafter provided, a tax upon said 
lands so embraced within said embankments, levees and 
other works, and all other lands in the county of Greene, 
and state of Illinois, directly benefited by said drainage, 



336 DRAINAGE COMPANIES. 

leveeing or embankment ; which said tax shall not be 
greateAhan will meet an amount sufficient to pay ten per 
cent, upon the capital so invested and bonds issued, and 
other expenses incurred, the expense of management and 
the annual necessary repairs of the work, when completed, 
after the application of any profits arising from said work, 
if any such there be; and the proceeds of said taxation shall 
be applied to no other purpose, and any balance remaining 
over from any one year shall be carried forward as a credit 
to the next. 

Report cost and § 9. Said Company shall make out and deliver to the 

expenditures. q\qy]:^ pf thg county court of the county of Greene and state 
of Illinois, annually, a list of all persons and lands within 
said embankments, levees or other works of the said com- 
pany and benefited by said drainage, leveeage, embank- 
ments or other works, together with a statement, made un- 
der 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 
said clerk of the countj'- court of Greene county to place 
upon the state and county assessments, in addition thereto, 
sach sum per cent, as will pay the expenses and interest 
hereinbefore reserved, and shall carry out the same on the 
collector's book, and he shall receive therefor such fees as 
are allowed by law for similar services in extending state 
and county tax. The company shall assess all lands within 
the county of Greene for taxation, in proportion to the ben- 
efit said land shall derive from the work done under this 
act, and which said taxation shall be collected at the same 
time and places as said state and county taxes are collected ; 
Collection of and in the event of non-payment, the same rights and privi- 

tases. leges, liens and remedies that are now in force, or shall be 

made obligatory by law for the collection of state and coun- 
ty taxes, shall be applicable to the collection of said special 
tax, 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 executed by the sheriff 
or other officer on a sale of such lands for taxes under the 
provisions of this law, shall be received in all courts of jus- 
tice and elsewhere as evidence of the same facts now evi- 
denced by the sheriff's deeds under the revenue laws of this 
state. 

Payment of i:en § 10. Whenever a majority of the land holders within 
the boundaries of said embankment shall determine, by a 
vote of the same, to pay off said lien, or any part thereof, 
upon the lands, and shall so decide, then it sliali be the duty 
of the directors of said company to place on the list for tax- 
ation such per cent, as may be voted to be collected by the 



DRAINAGE COMPANIES. 



337 



state and county collector, in addition to such sum as is 
before reserved. 

5 11. Upon repayment by taxation, as hereinbefore pro- ^ Land to revert 

• r 1 /. 1 ■'■ ■ • •; . '' T 111'- , ii i to owner on pay- 

vided, of the principal so invested, and all interest that may mem principal, 
be due for the drainage or leveeing or embankment of 
lands, the said works, and all the property of said corpora- 
tion, shall become the property of the owners of lands so 
taxed for the purchase, subject to all existing contracts and 
liabilities, and shall thereupon be managed and controlled 
by the county courts of Greene count}-, who shall thence- 
forth, by the revenues thereof and such additional taxation 
upon the lands benefited and improved, as may be neces- 
sary for the purpose, keep the same in good repair and 
preservation. 

§ 12. The collector of Greene county shall make and collector, bond. 
execute to said company a good and sufficient bond for the 
faithful collection and payment over of said tax to said com- 
pany, and it shall be his duty to pay over to said company 
the taxes so collected, from time to time, as the same may 
come into his hands, and be shall be allowed the same com- 
pensation as he is now allowed for the collection of school 
tax. 

§ 13. That, for the purpose of paying the expenses that Tas,hownsed. 
may be incurred under this act in building, improving and 
repairing the levees, embankments, ditches, drains and 
other works necessary to reclaim the overflowed lands men- 
tioned in this act, and to prevent the same from being over- 
flowed by the high waters of the Illinois river and its tribu- 
taries, the state tax on all the lands situated, lying and be- 
ing in townships numbered eight (8), nine (()), ten (10), 
eleven (11) and twelve (12) north, of ranges numbered thir- 
teen (13) and fourteen (14) west, of the third principal 
meridian, and within the county of Greene, and state of 
Illinois, be and the same is hereby appropriated for the 
term of ten (10) years, beginning with and including the 
year in which the works contemplated herein shall be actu- 
ally commenced and prosecuted in good faith. 

§ 14. Upon written notice by the secretary of the ll!i- Dnties of the 
nois Bottom Levee Company of the actual commencement '^""^'^^^^ 
of the works contemplated by this act, to the clerk of the 
county court of Greene county, and state of Illinois, it 
shall be the duty of the said clerk, as soon as practicable 
after the return of the tax books to him by the assessor, 
each year, beginning with and including the year in which 
said works arc begun, as aforesaid, and the nine years fol- 
lowing thereafter, to give to the treasurer of the Illinois 
Bottom Levee Company a duplicate of the amount of state 
tax to be collected from the lands in the townships men- 
tioned in section thirteen (13) of this act, and also to trans- 
mit to the auditor of public accounts a similar certificate, in 
each year ; and, when said tax shall be collected each year, 
Vol. 11—43 



338 



DEAIKAQE COMPANIES. 



including the tax for the year in which the said works shall 
. be begun, as aforesaid, the county collector, on presentation 
of the certificate to him, shall, after the deduction of legal 
abatements and commissions, and upon the fihng of the 
bonds hereinafter required, pay over to the treasurer of said 
Illinois Bottom Levee Company the balance of the amount 
so certified, and the auditor of public accounts is hereby 
directed and authorized to give said collector credit for the 
amount of said certificate, upon, a settlement with him for 
taxes due the state. 

rreasurer. § 15. It shall be the duty of said treasurer of said com- 

pany to pay out the said money so received by him from 
said collector for the purpose of paying the expenses which 
may be incurred in building the levees and other works 
provided for