.,. A .A UNIVERSITY OF CALIFORNIA AT LOS ANGELES ] EXL1BRJS y ' ORDINANCES OF THE CITY OF BLOOMINGTON, A. D. 1876, COMPRISING THE GENERAL ORDINANCES, ACTS OF INCORPORATION, AND OTHER LAW3 AFFECTING THE CITY, TOGETHER WITH AN APPENDIX, SHOWING THE COMPOSITION OF THE CITY GOVERNMENT FROM 1850 TO 1876. REVISED, COMPILED AND ARRANGED BY ISAAC N. PHILLIPS, ATTORNEY AT LAW. PUBLISHED BY AUTHORITY OF THE CITY COUNCIL. BLOOMINGTON : I.KAJJKR STEAM PRINTING AND PUBLISHING HOl'SK. 1876. PREFACE. The City Council, during the time occupied in consider- . OFFENCES AGAINST OFFICIAL AUTHORITY. " 7. GENERAL PROVISIONS. " 8. PROCEEDINGS TO RECOVER FINES AND PENALTIES. DIVISION 1. Offences against the Public Peace and Quiet. SKCTION 1. Assault assault and battery, etc. 2. Disorderly conduct breach of the peace. 3. Disturbing peace of city or family. 4. Traducing challenging fighting, etc. 5. Collecting in crowds, etc. 6. Disturbing congregation or assembly. 7. Disturbing funeral. 8. Sunday labor or amusement. 9. Carrying weapons. 10. Judgment entry. ' 11. False alarm, etc. SECTION 1. ASSAULT ASSAULT AND BATTERY, ETC.] Any person who shall commit an assault, or an assault and battery upon the person of another, or who shall be guilty of an affray within the limits of the city of Bloomington, shall, on convic- tion, be fined not less than three dollars nor more than one hundred dollars. 2. DISORDERLY CONDUCT RREACH OF THE PEACE.] Any person who shall be guilty of disorderly conduct, or of making a disturbance, or a breach of the peace within said city, shall, on conviction, be fined not less than one dollar nor more than fifty dollars. 54 ORDINANCES. 3. DISTURBING PEACE OF CITY OR FAMILY.] Any person who shall disturb the peace and quiet of the city, or of any private family or person, by loud and unusual noise, or by tumultuous or offensive carriage, or by cursing, shouting, hallooing, threatening, or other boisterous or unseemingly conduct, shall, on conviction, be fined not less than three dol- lars nor more than twenty-five dollars. 4. TRADUCING CHALLENGING FIGHTING, ETC." If any per- son shall threaten, or traduce another, or shall use any lan- guage or indulge in any conduct toward another tending to produce a disturbance of the peace, or shall challenge another to fight, or if any two persons shall agree to fight, or shall, by agreement, actually fight, each person so offending shall, on conviction, be fined not less than two dollars nor more than fifty dollars. 5 COLLECTING IN CROWDS, ETC.] All persons who shall collect in crowds within said city, for unlawful purposes, or for any purpose to the annoyance or disturbance of citizens or travelers, shall be severally subject to a fine of not less than two dollars nor more than twenty dollars, and to a further fine of not less than ten dollars nor more than fifty dollars, upon refusal to disperse after being requested so to do by any city officer. 6. DISTURBING CONGREGATION OR ASSEMBLY.] Any person who shall disturb or disquiet any congregation or assembly met for religious worship, or for any other lawful purpose, by making any noise, or by rude or indecent behavior, or by profane, obscene or improper discourse or conduct within the sight or hearing of such congregation or assembly, shall, on conviction, be fined not less than five dollars nor more than fifty dollars. 7. DISTURBING FUNERAL.] Whoever wilfully interrupts or disturbs a funeral assembly or procession, shall be fined not less than ten dollars nor more than one hundred dollars. 8. SUNDAY LABOR OR AMUSEMENT.] Whoever shall within the limits of said city, disturb the peace and good order of society by labor or amusement on Sunday, (works of necessity and charity excepted,) shall, on conviction, be fined not less than three dollars nor more than twenty-five dollars. 9. CARRYING WEAPONS.] Whoever shall, within said city, carry or wear under his clothes, or concealed about his person, any weapon, shall be finad not less than one dollar nor more than twenty dollars for each offense, and shall, in addition, forfeit to the city of Bloomington the weapon so carried. This section shall not apply to officers carrying weapons in the discharge of their official duties. MISDEMEANORS. 55 10. JUDGMENT ENTRY.] Whenever any person shall be convicted of carrying any weapon in violation of the preced- ing section, it shall be the duty of the magistrate before whom such conviction is had, to enter upon his docket as a part of the judgment in such cause, the forfeiture of the weapon so carried, which entry may be substantially as follows: " And it is further considered by the court, that the said defendant do forfeit and deliver to the city of Bloomington the said weapon, to-wit: (here describe weapon :)" and there- rponthe City Marshal shall take possession of such weapon and keep the same, subject to the direction of the City Council. 11. FALSE ALARM, ETC.] Whoever shall make a false alarm of fire, or any false cry for assistance ; or whoever shall, without permission of the Mayor, use or employ any device, noise or performance, tending to cause the collection of per- sons on any street, sidewalk, or other public place, shall be fined not less than ten dollars nor more than fifty dollars. DIVISION 2. Offences against Public Morals and Decency. SECTION 1. Exhibiting jack or stud, etc. ' 2. Indecent exposure, etc. 3. Sale of obscene books, etc. 4. Having obscene books, etc., in possession. 5. Obscene play 6. Obscene writing or figures. 7. Disorderly house. 8. House of ill-fame. 9. Inmate of bawdy-house, etc. 10. Gaming house. 11. Inmate of gaming house betting. 12. Lotteries prohibited, 13. Cruelty to animals. 14. Drunkenness. SECTION 1. EXHIBITING JACK OR STUD, ETC.] Whoever shall indecently exhibit any jack or stud,' in any street or public place within said city, or shall let any such jack or stud to any mare, except in some inclosed place out of the public view, shall be fined not less than five dollars nor more than fifty dollars. 2. INDECENT EXPOSURE, ETC.] Whoever shall appear in any public place, or in any place exposed to the public view, within said city, in a state of nudity, or in a dress not belong- ing to his or her sex, or in an indecent or lewd dress, or shall make any indecent exposure of his or her person, or be guilty of any lewd or indecent act or behavior, shall, on conviction, be fined not less than five dollars nor more than fifty dollars. 56 ORDINANCES. 3. SALE OF OBSCENE BOOKS, ETC.] "Whoever shall bring within the limits of said city for the purpose of sale, or shall sell or offer to sell, or shall give away or offer to give away, or shall make, draw, print or publish, within said city, any ob- scene, indecent, or scandalous book, pamphlet, newspaper, journal, print, publication, slip, paper or writing, of any kind or character, or any obscene, indecent, or scandalous picture, drawing, engraving, card, photograph, model, cast or instru- ment, or any article of indecent or immoral use, shall, on con- viction, be fined not less than fifty dollars nor more than one hundred dollars for each offeiise. 4. HAVING OBSCENE BOOKS, ETC., IN POSSESSION.] Whoever shall keep or have in his possession, within said city, any of the obscene or indecent articles or things mentioned in the last preceding section, with or without intent to sell or dispose of the same, shall, on conviction, be fined not less than five dollars nor more than fifty dollars. 5. OBSCENE PLAY.] Whoever shall exhibit or perform, or shall assist in exhibiting or performing any indecent, obscene, or lewd play, exhibition or other representation, or shall per- mit the same to be performed in any building or premises owned or controlled by him, shall be fined not less than fifty dollars nor more than one hundred dollars for each offense. 6. OBSCENE WRITING OR FIGURE.] Whoever shall in any- place open to public view, write, mark, draw, cut, or make any obscene or indecent word, sentence, design or figure, shall be subject to a penal ty of not less than five dollars nor more than fifty dollars. 7. DISORDERLY HOUSE.] Whoever shall keep a common ill-governed, or disorderly house, shall be fined not less than ten dollars nor more than one hundred dollars. 8. HOUSE OF ILL-FAME.] Whoever shall keep or main- tain within said city any bawdy house, house of ill-fame, or any place for the practice of fornication, or shall knowingly permit any building or place owned by him or under his con- trol to be used for that purpose, shall be fined not less than twenty-five dollars nor more than one hundred dollars, and be subject to a further penalty of -twenty-five dollars per day for each day such house shall be continued after the first con- viction. 9. INMATE OF BAWDY-HOUSE, ETC.] Whoever shall be an inmate of any bawdy-house, house of ill-fame, or of anyplace for the practice of fornication, or shall in any way contribute to the support thereof, or be connected therewith, or whoever MISDEMEANORS. 57 shall be found therein, shall, for each offense, be fined not less than five dollars nor more than fifty dollars. 10. GAMING HOUSE.] Whoever shall keep or maintain any gaming house or room, or any place where betting is done, within said city, or' shall knowingly permit any such house, room, or place to be so kept in or upon any building or premises owned or controlled by him, or whoever shall procure or permit any persons to come together in any house or place occupied or owned by him or under his control, for the purpose of playing for money or other valuable thing at any game, or whoever shall keep or permit to be used in any building or place used, occupied, controlled or owned by such person, any keno table, faro bank, shuffle board, cards, or any other instrument, device, or thing commonly used for the purpose of gaming, shall be fined not less than twenty-five dollars nor more than one hundred dollars for each offense. 11. INMATE OF GAMING HOUSE BETTING.] Whoever shall be an inmate of any gaming house or room, within said city, or shall be in any way connected therewith, or shall frequent the same, or shall be found therein, or whoever shall, 'within said city, play for money or other valuable thing at any game with cards, dice, checks, billiards, or any other article, instru- ment, device, or thing whatsoever, or whoever shall bet on any such game when played, or to be played by others, or whosoever shall be guilty of selling pools within said city, shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars for each offense. 12. LOTTERIES PROHIBITED.] Whoever shall maintain, or run, or be in any way connected with, any lottery, or any establishment, enterprise or business, by whatever name the same may be known, wherein any property is sold or disposed of by chance, or whoever shall permit any such lottery, estab- lishment, enterprise or business in any building or premises owned or controlled by him, or whoever shall, within said city, sell or dispose of any lottery ticket or share, or any chance, or any article or thing entitling or purporting to en- title the purchaser thereof to any chance, or whoever shall within said city sell or dispose of any package or article pur- porting to contain a prize, or where, as an inducement to pur- chase, it is held out that such article or package may contain a prize, or may entitle the purchaser to some article or thing of value not directly contemplated and known in the pur- chase, shall, on conviction, be fined not less than twenty dol- lars nor more than one hundred dollars for each offense, 8 58 ORDINANCES. 13. CRUELTY TO ANIMALS.] "Whoever shall in any man- ner or by any means be guilty of cruelty to any dumb animal, or shall be guilty of turning out and abandoning any old, decrepit, or worthless animal upon the public streets or com- mons, shall be fined not less than five dollars nor more than one hundred dollars. 14. DRUNKENNESS.] Whoever shall be drunk, or shall be in a state of intoxication in any public place within said city, or in any private house or place to the annoyance of any person, shall be fined not exceeding twenty-five dollars. DIVISION 3. Offenses Against Public Safety, Convenience and Health. SECTION 1. Firing guns, fire -crackers, etc. 2. Immoderate driving. 3. Poison failing to mark. 4. Dangerous sports kite-flying. 5. Scaring horses, etc. 6. Leaving animals unfastened. 7. Runaway horses, etc. ?. Vehicles to pass to the right penalty. , Weighing of gunpowder kerosene. 10. Vicious animals at large 11. Placing or occupying chairs in aisles. 12. Wilfully turning stream of water upon any person. 13. Unwholesome provisions. " 14. Bringing smallpox, etc., into city. " 15. Nurse not to go upon streets, etc. " 16. Attending physician. " 17. Removal or patients duty of health officer or Marshal placards, etc. SECTION 1. FIRING CANNON, GUNS, FIRE-CRACKERS, ETC.] Who- ever shall fire or discharge any cannon, gun, pistol, revolver, or any firearm of any description, or shall fire, explode or set off any squib, fire-cracker, torpedo, or other thing con- taining powder, or other explosive material, without permission from the Mayor or City Council so to do, shall be fined not less than two dollars nor more than twenty dollars. Such permission, when given, shall -definitely limit the time of such firing, and may at any time be revoked. 2. IMMODERATE DRIVING.] Whoever shall immoderately ride or drive any horse, mule or other animal, in any avenue, street or alley of said city, or whoever shall wilfully or heed- lessly drive any such animal, so that such animal or any vehicle attached thereto shall come in collision with any other vehicle, or shall strike against any person, shall be fined not less than ten dollars nor more than one hundred dollars. 3. POISON FAILING TO MARK.] Whoever shall knowingly deliver to another any deadly poison without legibly marking the same with the word "poison," shall be fined not less than five dollars nor more than fifty dollars, MISDEMEANORS. 59 4. DANGEROUS SPORTS KITE-FLYING.] Whoever shall, within the streets of said city, engage in any sport, amuse- ment or exercise likely to scare horses or embarrass the passage of vehicles, or whoever shall raise or fly any kite in any part of said city devoted to business, shall be fined not less than one dollar nor more than twenty dollars. 5. SCARING HORSES, ETC.] Whoever shall by any means, either wilfully or for want of reasonable care frighten any horse, mule or other animal, being at the time attached to any vehicle, or in charge of any person, shall be fined not less than five dollars nor mWe than fifty dollars. 6. LEAVING ANIMALS UNFASTENED.] Whoever shall leave any horse, mule or other animal, attached to any vehicle or conveyance, in any uninclosed place without being securely fastened or guarded, shall be fined not less than three dollars nor more than twenty dollars. 7. RUNAWAY HORSES, ETC.] No person shall take or have upon any street of said city any horse, mule or team attached to any vehicle, the same being unmanageable or having a known propensity to run away, or being in the habit of run- ning away, under a penalty of not less than ten dollars nor more than fifty dollars. 8. VEHICLES TO PASS TO THE RIGHT PENALTY.] Any person driving any vehicle upon any street or thoroughfare of said city shall, upon meeting any other vehicle, turn oft' and pass to the right, and for each violation hereof the person offending shall be fined not less than five dollars nor more than one hundred dollars ; Provided, that where any street railway track is, or may be laid in any street, each side thereof shall be considered a street within the meaning of this section. 9. WEIGHING OF GUNPOWDER KEROSENE.] No person shall by gas-light, lamp-light, or any artificial light, weiirh any gunpowder or gun-cotton, or draw any kerosene oil or burning fluid from any cask or barrel, under a penalty of not exceeding twenty-five dollars for each oftense. 10. Vicious ANIMAL AT LARGE.] Whoever being the owner of, or having in his charge any vicious animal, shall permit the same to go at large in any public street or place within said city, shall be fined twenty-five dollars, and each day or part day of running at large shall constitute a separate oftense. It shall be no defense to an action under this section, that the defendant did not know the vicious character of the animal, or did not mean or intend such animal to go at large ; but proof of viciousness and of running at large, shall be suffi- cient to warrant a conviction. 60 ORDINANCES. 11. PLACING OR OCCUPYING CHAIRS IN AISLES.] Whoever shall place or occupy any chair or seat in any aisle or passage way of any church, hall or other' public building, during the time of any meeting or assembly of persons therein, shall be fined not less than three dollars nor more than twenty dollars, for each chair or seat so placed or occupied. 12. WILFULLY TURNING STREAM OF WATER UPON ANY PER- SON.] Whoever shall wilfully turn a stream of water from any fire hose upon any person, or upon a,ny private premises, on the occasion of any exhibition or tournament, shall be fined not less than five dollars nor more than twenty dollars. 13. UNWHOLESOME PROVISIONS.] Whoever shall sell, or ex- pose for sale, within the city, any article of provision or food whatever, other than fresh meat, which from any cause may be unwholesome, or unfit for food, shall be fined not less than ten dollars nor more than one hundred dollars. 14. BRINGING SMALLPOX, ETC., INTO THE CITY.] Whoever shall bring into said city any person having the smallpox, or other infectious or contagious disease, or any garment, article of apparel, or other thing infected with smallpox, or other infectious or contagious disease, shall be fined not less than tw r enty dollars nor more than one hundred dollars. 15. NURSE NOT TO GO UPON THE STREET, ETC.] No person attending on any person having the smallpox, or other deadly, contagious disease, as nurse, or otherwise, (excepting as at- tending physician) shall, while in such attendance, go upon any street, or other public place in said city, under a penalty of not less than ten dollars nor more than fifty dollars for each oifense. 16. ATTENDING PHYSICIAN.] No physician, who may be attending upon any patient having the smallpox, or other deadly, contagious disease, shall leave the house, or go upon the street after a visit to such patient's bedside, without chang- ing his clothing, under a penalty of not less than five dollars nor more than fifty dollars for each offense. 17. REMOVAL OF PATIENTS DUTY OF HEALTH OFFICER OR MARSHAL PLACARDS, ETC.] When any case of smallpox, or other fatal contagious disease shall occur within said city, it shall be the duty of the person at whose house the same may occur, to notify the Health Officer thereof, or if there be no Health Officer on duty, then the City Marshal ; and if the patient be at any hotel, railroad depot, or other public house or place, it shall be the duty of the Health Officer or Marshal to remove such patient to some place to be designated by the Mayor or Board of Health, where danger from contagion MISDEMEANORS. 61 will be avoided, and there provide for the custody, medical treatment, and nursing of such patient ; and it shall be the further duty of said Marshal to cause a placard to be posted at or near the front door of every private house within said city during the prevalence of smallpox, or other fatal contagious disease therein. Any person violating any provision of this section, or failing to perform any duty herein imposed, shall be fined not less than ten dollars nor more than one hundred dollars, DIVISION 4. Offenses concerning Property. SKOTION 1. Injury to pavement, etc. obstructing public improvement. 2. Injury to bridges, buildings, etc. 3. Driving upon sidewalk or lawn. 4. Placing rubbish on sidewalk or street. 5. Suffering snow to remain on sidewalk or footway. 6. Suffering ice or dirt to remain on sidewalk or footway. 7. Feeding animals within fire limits or on paved street turning same into public inclosure. 8. Hitching animal to tree, lamp-post, etc. injury to same. 9. Throwing stones, etc. 10. Trespass to private premises. 11. Lighting or extinguishing street lamps, etc. 12. Taking water from city cisterns or wells. 13. Vehicles standing on streets. 14. Getting upon cars while in motion. 15. Ball playing upon public grounds. 16. Obstructing streets, sidewalks, etc. 17. Driving vehicle over flre hose. 18. Digging and removing earth from street, etc. 19. Market place for hay, straw, wood, etc. 20. Excavations in streets and alleys. SECTION 1. INJURY TO PAVEMENT, ETC. OBSTRUCTING PUBLIC IMPROVEMENT.] Whoever shall tear up or injure any pave- ment, sidewalk, crosswalk, drain or sewer, or shall hinder or obstruct the making or repairing of the same, or of any other public work or improvement being done under city authority, shall be fined not less than twenty-five dollars nor more than one hundred dollars for each offense. 2. INJURY TO BRIDGES, BUILDINGS, ETC.] Whoever shall wantonly destroy, injure, mark or write upon, or otherwise deface any bridge or its appurtenaces, or any engine house, building, hitching-post, awning, fence, railing, or other prop- erty, public or private, not being his own, within said city, shall be fined not less than one dollar nor exceeding one hun- dred dollars. 3. DRIVING UPON SIDEWALK OR LAWN.] Whoever shall lead, drive or ride any horse, mule, or other like animal, upon or over any lawn or sidewalk in said city, except at the en- 62 ORDINANCES. trance to some building or premises, or shall suffer any such animal or any vehicle thereto attached, to be or remain upon any such sidewalk or any crossing, to the obstruction of travel thereon, shall be fined not exceeding ten dollars. 4. PLACING RUBBISH ON SIDEWALK OR STREET.] Whoever shall place upon any sidewalk, paved street, or any gutter of any street within said city, any straw, dirt, filth, ashes, chips, shells, paper, or other rubbish, or whoever shall place upon any unpaved street any article of rubbish aforesaid, excepting ashes, shall be fined not less than one dollar nor more than ten dollars, and be subject to a like penalty for every twelve hours such rubbish shall be suffered to remain after notice from any city officer to remove the same. 5. SUFFERING SNOW TO REMAIN ON SIDEWALK OR FOOTWAY.] Whoever being the occupant of any occupied premises, or the owner of any vacant premises, shall suffer any snow to remain on any sidewalk or footway adjacent thereto, longer than six hours from the time the same ceases falling, or, if the cessa- tion be in the night time, then longer than six hours after sunrise on the next morning, shall be fined five dollars, and be subject to a like penalty for each day such snow so remains after the first penalty has been incurred. 6. SUFFERING ICE OR DIRT TO REMAIN ON SIDEWALK OR FOOT- WAY.] Whoever shall suffer any ice or dirt to remain upon any sidewalk or footway owned or occupied \)y him, longer than six hours after the same has frozen or been placed there, shall be fined five dollars, and be subject to a further penalty of five dollars per day for each day the same remains after the first penalty has been incurred. 7. FEEDING ANIMALS WITHIN FIRE LIMITS OR ON PAVED STREET TURNING SAME INTO PUBLIC INCLOSURE.] Whoever shall feed any horse, mule, or other animal, upon any street of the city within the fire limits, as the same are now or may here- after be defined, or upon any paved street, or shall turn any such animal into any public park,' square, or inclosure, shall be fined not exceeding ten dollars. 8. HITCHING ANIMAL TO TREE, LAMP-POST, ETC. INJURY TO SAME.] Whoever shall hitch or fasten any horse or other animal to any ornamental or shade tree or shrub, or to any lamp-post, fence or railing, or shall by any other means wil- fully injure the same, shall be fined not less than three dollars nor more than fifty dollars. 9. THROWING STONES, ETC.] Whoever shall throw or cast any stone, brick, club, snow-ball, or other missile, at, against, MISDEMEANORS. 63 or upon, any tree, building, or other property, shall be fined not exceeding twenty-five dollars. 10. TRESPASS TO PRIVATE PREMISES.] Whoever shall be found trespassing upon the premises of another within said city, shall be fined not exceeding twenty-five dollars. 11. LIGHTING OR EXTINGUISHING STREET LAMPS, ETC.] Whoever, without authority, shall light or extinguish any public or street lamp, or shall turn the gas on or oft' in the same, or in any manner interfere therewith, shall be fined not less than five dollars nor exceeding twenty-five dollars. 12. TAKING WATER FROM CITY CISTERNS OR WELLS.] Who- ever not being a member of the fire department, shall take water from any city cistern or well, except for the purpose of extinguishing fire, shall be fined ten dollars for each offense. 13. VEHICLES STANDING ON STREETS.] Whoever shall leave any sled, wagon, cart, dray, or "other vehicle not in use, standing in or upon any street or alley of said city, to the ob- struction of travel thereon, shall, for each offense, be fined not exceeding ten dollars. 14. GETTING UPON CARS WHILE IN MOTION.] Whoever not being an employe or passenger on any railroad car, engine, or tender, shall get upon, or hold on to the same while in motion, shall be fined five dollars. 15. BALL PLAYING UPON PUBLIC GROUNDS.] Whoever shall play at ball, cricket, or any other game, or play in any street, alley or other public ground or place within said city, shall be fined not exceeding fifteen dollars : Provided, That pupils in actual attendance on any city school may play at games upon grounds owned or occupied by the city for school pur- poses, subject, however, to the discipline and regulations of the school which they attend. 16. OBSTRUCTING STREET, SIDEWALK, ETC.] Whoever shall in any manner or by any means not specifically named in any other section of the ordinances of said city, obstruct any street, highway, avenue, alley, crossing, sidewalk, or other public passage-way of said city, shall be fined not less than two dollars nor more than fifty dollars, and be subject to a further penalty of three dollars per day for each day such ob- struction is suffered to continue after a conviction, or after notice to remove the same given by any officer of said city. 17. DRIVING VEHICLE OVER FIRE HOSE.] Whoever shall drive any vehicle over any hose of the fire department laid for use upon any street or alley, except at a point where such hose is protected by wooden railings laid along side thereof, or otherwise, shall be fined not less than five dollars nor more than fifty dollars. 64 ORDINANCES. 18. DIGGING AND REMOVING EARTH FROM STREETS, ETC.] Whoever shall, without a written permission from the Mayor, Street Commissioner, or City Council, dig, remove, or carry away, or cause or procure the same to be clone, any sod, stone, earth, sand or gravel, from any street, alley, or public ground in this city, shall be fined not less than five dollars nor more than fifty dollars for each load or parcel so removed. No per- mission shall protect any person arraigned for violation here- of, unless the particular locality from whi^h the material is to be removed is specified therein, and it appears that the person arraigned has strictly followed the terms of his permission. Provided, however, That work done under authority of the city shall in no case be construed as a violation of this section. 19. MARKET PLACE FOR HAT, STRAW, WOOD, ETC.] The market place for hay, straw, sheaf oats and like articles, shall hereafter be upon East street, between North and Market streets, and the market place for wood shall be upon East street, between North and Washington streets. Any person who shall have or keep any vehicle loaded with hay, straw, sheaf oats, or other like articles, or with wood standing upon any street other than the place set apart in this section, as the proper market place therefor, shall be fined five dollars for each offense. 20. EXCAVATIONS IN STREETS AND ALLEYS.] No person shall make any excavation in any public street or alley of the city of Bloomington, except upon permission obtained there- for, as herein provided; that is to say: The person desiring to make such excavation shall tile with the City Clerk a state- ment in writing showing where and for what purpose such excavation is to be made, and thereby stipulating and agree- ing to keep the said excavation properly guarded and pro- tected, so as to prevent accidents, and also to repair such street or alley as soon as practicable, and to leave the same in as good condition as it was found ; and thereupon said Clerk shall issue a permit to such applicant in accordance with the terms of such statement. Any person who shall make any excavation in any street or alley of said city, with- out first obtaining permission as required in this section, or who shall fail or refuse to perform any agreement or stipula- tion filed with the City Clerk, as herein required, shall be fined not less than five dollars nor more than one hundred dollars : Provided, That persons desiring to make frequent excavations may obtain a permit in accordance with the fore- going provisions for the term of one year. MISDEMEANORS. 65 DIVISION 5. Vagrants. SECTION 1. Vagrant defined. " 2. Penalty for vagrancy. " 3. Second offense penalty. SECTION 1. VAGRANT DEFINED.] A vagrant is hereby de- fined to be : First Any person found within said city idly loitering or rambling about without visible means of support. Second Any person not having a fixed business or employ- ment, who habitually stays in or frequents groceries, dram- shops, drinking saloons, houses of ill-fame, gambling houses, houses of bad repute, railroad depots, post-office and street corners, or fire engine houses. Third Any person found trespassing in the night-time upon the premises of another. Fourth Any person being the keeper, exhibitor of, or visitor at, any gaming table, gambling-house, house for fortune-tell- ing, place for cock-fighting, or other place of device. Fifth Any person who goes about for the purpose of gam- ing or watch-stuffing. Sixth Any person who shall have in his possession any article or thing used for obtaining money under false pre- tenses. Seventh Any one belonging to that class of persons who habitually go about from one place to another without per- manent residence or business, depending for subsistence upon begging and pilfering, and who are commonly known as " tramps" and " dead-beats." 2. PENALTY FOR VAGRANCY.] Whoever shall be convicted of being a vagrant as above defined, shall be fined not less than five dollars nor more than fifty dollars, and be imprisoned until the fine and costs be paid, and in default of prompt pay- ment of any fine assessed for vagrancy, the person convicted shall be compelled to labor upon the streets of said city, for which work he shall receive credit upon such fine and costs at the rate of one dollar per day, until such fine and costs shall be worked out. 3. SECOND OFFENSE PENALTY.] Whoever shall be con- victed of vagrancy two or more times, within the city of Bloomington, shall, for each conviction after the first, be fined fifty dollars, and be subject to all the further provisions de- 9 66 ORDINANCES. nounced against vagrants in the preceding sections of this division, and before releasing any person in custody for va- grancy, it shall be the duty of the City Marshal to acquaint such person with the provisions of this section. DIVISION 6. Offenses Against Official Authority. SECTION 1. Falsely personating officer, etc. " 2. Resisting or delaying officer. " 3. Assisting prisoner to escape. " 4. Refusing to assist policeman. SECTION 1. FALSELY PERSONATING OFFICER, ETC.] "Whoever shall falsely represent himself to be an officer of the city of Bloomington, or shall, without authority, exercise or attempt to exercise any of the powers, duties, or functions of any such officer, or whoever not being a member of the police force of said city shall wear, or have in his possession, any policeman's star, or badge, with intent thereby to pass himself as a police- man, or any policeman's whistle, unless obtained from the City Marshal, shall be fined not less than twenty dollars nor more than one hundred dollars. 2. RESISTING OR DELAYING OFFICER.] Whoever shall wilfully resist, hinder or delay, any city officer in the discharge of any official act or duty, or shall neglect or refuse to obey any lawful order or direction of any such officer, where no penalty is fixed for such offense, shall be fined not less than twenty dollars nor more than one hundred dollars. 3. ASSISTING PRISONER TO ESCAPE.] Whoever shall rescue or attempt to rescue any person from the custody of any city officer, or other person legally having him in charge, or shall aid, or attempt to aid, in any escape of any person from any such custody, or from any city prison, or shall advise or en- courage any such escape, or whoever shall supply any such person, so being in such custody, or prison, with any weapon, or with any implement or means of escape, or with any intox- icating liquor, shall be fined not less than fifty dollars nor more than one hundred dollars. 4. REFUSING TO ASSIST POLICEMAN.] It shall be the duty of every male person within said city, when requested or called upon by any member of the police department, to render prompt aid to such member in making any arrest, or in the execution of any official duty, and whoever shall refuse or neglect to give such aid, when so called upon, shall be fined not less than ten dollars nor more than one hundred dollars. MISDEMEANORS. 67 / DIVISION 7. General Provisions. SECTION 1. Attempt to commit offense. ' 2. Accessories, etc. ' 3. Penalty for offenses not otherwise provided for. ' 4. Policemen to arrest stragglers at night. ' 5. Boys abroad at night. ' 6. Marshal to enter gaming house or house of ill-fame. SECTION 1. ATTEMPT TO COMMIT OFFENSE.] Whoever attempts to commit any offense prohibited by ordinance, and does any act towards it but fails, or is intercepted, or prevented in its execution, where no express provision is made by ordinance for the punishment of such attempt, shall, on conviction, be fined not less than five dollars nor exceeding one hundred dollars. 2. ACCESSORIES, ETC.] Whoever aids, abets, assists, ad- vises, or encourages the commission of any act prohibited by ordinance, or by any indirect means procures any such offense to be committed, or whoever commits an offense through the intervention of an agent, or servant, or person under his con- trol, shall be deemed guilty to the same extent, and may be proceeded against in the same manner as though such offense had been committed by him directly, arid with his own hand; and any such agent, servant or other person, doing any pro- hibited act for, and on behalf of another, shall be deemed guilty of such act, equally with his employer or principal. 3. PENALTY FOR OFFENSES NOT OTHERWISE PROVIDED FOR.] Where the doing of any act is prohibited by. any ordinance of said city, or where any act or thing is by any such ordinance enjoined on any person as a duty, and no penalty for the violation of such ordinance is imposed, every such violation is hereby declared to be a misdemeanor, and shall be punished by a fine not exceeding one hundred dollars. 4. POLICEMEN TO ARREST STRAGGLERS AT NIGHT.] Mem- bers of the police department shall have a right to demand of every person found abroad in said city after eleven o'clock at night, the reason why, and the business on which such person is abroad, and if such person shall fail or refuse to give a good account of himself, and satisfactorily answer for being so abroad, he shall be subject to a penalty not exceeding one hun- dred dollars, and if such officer shall be satisfied that the public good requires it, he shall (first having explained his 68 ORDINANCES. official character) arrest and detain such person for further ex- amination ; the object of this section being to protect the city from house-breakers, robbers, and other disorderly persons. 5. BOYS ABROAD AT NIGHT.] It shall be unlawful for any boy under the age of sixteen years, to be abroad in said city between the first day of April and the first day of October, in any year, after the hour of ten o'clock at night, or during the rest of any year, after nine o'clock at night, unless ac- companied by some grown person having him in charge, or unless by permission or command of his parent or guardian ; and any such boy so found abroad, shall be fined not exceed- ing ten dollars, and it shall be the duty of any policeman, seeing any such boy so at large, to demand his authority therefor, and on failure to receive a satisfactory answer, he shall im- mediately arrest such boy, and confine him in the city calaboose until the next morning, for examination. 6. MARSHAL TO ENTER GAMING HOUSE OR HOUSE OF ILL- FAME.] It shall be lawful for the City Marshal or Captain of Night Police, at any hour of the day or night, to enter, by necessary force, and without warrant, into any premises, house or room, kept as a common gaming house, house of ill-fame', or other unlawful house, or into any house or room which he may have good reason to believe is so kept, taking with him such- policemen or persons as he may think necessary, and there seize upon and destroy all instruments for gaming found therein ; and it shall be his duty to arrest all the inmates of such house, room or place, and take them forthwith, or as soon as may be, before the proper tribunal of said city, for trial. DIVISION 8. Proceedings to Recover Fines and Penalties. SECTION 1. Actions to be in name of city security for costs. 2. Fines recovered by action of debt. 3. When warrant shall be issued. 4. Form of affidavit. *J 5. Continuance recognizance. 6. Name of defendant magistrate to place true name upon docket. 7. Defective process amendments. 8. When process unnecessary bill of particulars, 9. Trial by jury, 10. Duties of officer making arrest. 11. Defendant failing to appear. 12. Defendant kept in custody till fine Is paid. " 18. Execution form. etc. 14. Duty of officer in charge of prisoner. 15. Prisoner escaping fine not worked out. 16. Appeals. SECTION 1. ACTIONS TO BE IN NAME OF CITY SECURITY FOR COSTS.] In every action brought for the recovery of any fine, MISDEMEANORS. 69 forfeiture or penalty incurred by the violation of any ordi- nance of the city, the city of Bloomington shall be plaintiff, and the suit shall be instituted and conducted in the name and for the benefit of said city ; and in no such case shall security for costs be required to be given ; nor shall any cost in any proceeding be taxed against said city. 2. FINES RECOVERED BY ACTION OF DEBT.] Whenever any fine, forfeiture, or penalty, shall be incurred by any person by reason of the violation of any ordinance of said city, the same may be sued for and recovered by said city in a proceeding in the nature of an action of debt before any police magis- trate of said city or other competent tribunal, which action may be commenced (except as hereinafter provided) by the issuing of a summons like the summons required by the Statutes of Illinois, to be issued by justices of the peace in actions of debt, and such cause shall be conducted when not herein otherwise provided, in like manner as civil causes be- fore justices. 3. WHEN WARRANT SHALL BE ISSUED.] Whenever an affi- davit shall be made before any police magistrate or a proper justice of the peace, showing that any person has been guilty of violating any penal ordinance of the city of Bloomington, and specifying the offense, the magistrate or justice before whom the same is made shall forthwith issue a warrant for the arrest of the party accused, directed to the City Marshal or any policeman of the city to execute, which warrant shall be executed by such officer by taking the body of the defen- dant and bringing him forthwith before such magistrate or justice, or in case of his absence or inability to act before any other magistrate or justice within said city having jurisdiction over the offense, and upon the return of said warrant executed, such magistrate shall proceed to try the cause, unless the same shall, for good cause, be continued. 4. FORM OF AFFIDAVIT.] The affidavit provided for in the preceding section may be substantially in the following form : STATE OF ILLINOIS,^ COUNTY OF MCLEAN, Vss. City of Bloomington. ) makes complaint upon oath, and says that at said city, on or about the day of- , A. D. 18 , and on divers other days and times, within eighteen months prior to the commencement of this suit, one did (here insert offence.) Contrary to the ordinances of said city, in such case made and provided. Subscribed and sworn to before me, this day of , 18-. Police Magistrate. 70 ORDINANCES. 5. CONTINUANCE RECOGNIZANCE.] When from the ab- sence of material witnesses or other good cause, it is not prac- ticable to try any defendant arrested upon warrant forthwith, the magistrate shall adjourn the hearing to some suitable time, not exceeding five days, unless by consent of the defen- dant; and in the event of such adjournment, the defendant shall give satisfactory bail for his appearance at the time and place to which such cause may be adjourned, and in default thereof, shall be committed to the city prison or the county jail for safe keeping, until the time fixed for his trial. 6. NAME OF DEFENDANT MAGISTRATE TO PLACE TRUE NAME UPON DOCKET.] If the name of any defendant is unknown, he may be designated by any description or circumstance by which he can, with reasonable certainty, be identified ; and if upon arrest he refuses to disclose his true name, he may be tried and convicted by the designation used in the warrant ; but where the true name of any defendant is known to the magistrate, or can be ascertained by him, it shall be the duty of such magistrate to place the same upon his docket, and for every failure so to do, he shall be fined ten dollars. 7. DEFECTIVE PROCESS AMENDMENTS.] No suit commenced by the city shall be dismissed or continued, or any prisoner discharged on account of any defect or informality in the pro- cess by which the defendant is brought into court, or by rea- son of any insufficiency of the affidavit on which any warrant is issued; but the court may, on .motion, allow an amendment of any such process or affidavit, at any time pending the pro- ceedings. 8. WHEN PROCESS UNNECESSARY BILL OF PARTICULARS.] No process shall be necessary when any defendant is legally arrested without warrant and brought before the court ; but in all cases of trials for breaches of ordinances, in which no written affidavit is filed as ubove provided, it shall be the duty of the attorney, or other officer or person prosecuting, on de- mand of the defendant, to file a written statement in the nature of a bill of particulars, setting forth the amount claimed and the nature of the violation for which the penalty is claimed. 9. TRIAL BY JURY.] In any prosecution under the city ordinances, the defendant may have the cause tried by a jury if he shall so demand before the trial is entered upon, and will first pay the fees of the jurors. The number impannel- ling, and qualifications of jurors, shall be governed by the Statutes of Illinois appertaining to like proceedings before justices of the peace. MISDEMEANORS. 71 10. DUTIES OF OFFICER MAKING ARREST.] All officers making arrests, shall attend as witnesses at the trial of offend- ers when required, and shall procure all the evidence in their power, and furnish a list of the witnesses in each cause to the court or City Attorney. 11. DEFENDANTS FAILING TO APPEAR.] When any de- fendant duly summoned or who may have given bail for his appearance as provided in section four of this division, shall fail to appear at the time the suit is set for trial, the magis- trate shall hear the testimony and shall render such judgment as the facts in the case will warrant. 12. DEFENDANT KEPT IN CUSTODY UNIL FINE is PAID.] Upon rendering judgment for any fine, forfeiture or penalty for the violation of any ordinance of the city of Bloomington, the magistrate or justice before whom conviction is had shall re- quire immediate payment of such judgment, and shall make an order that the defendant stand committed until the fine and costs are paid, which order shall be entered upon the docket of such magistrate or justice as a part of the judg- ment in the cause, and the defendant, if present, shall not be permitted to depart from custody ^except upon payment of such judgment or upon filing an appeal bond with good secur- ity, to be approved by the court, as provided in the statutes of the State of Illinois, for the taking of appeals from jus- tices of the peace. 13, EXECUTION FORM, ETC.] If such judgment be not forthwith paid, or an appeal taken, the court rendering the same shall issue an execution, under his hand and seal, which may be substantially in the following form, to-wit: STATE OF ILLINOIS,] COUNTY OF McLEAN, V ss. The People of the State of Illinois. City of Bloomington. ) To the Marshal or any Policeman of the city of Bloomington, Greeting : WHEREAS, The city of Bloomington did, on the day of , 18 , obtain a judgment before the under- signed, a police magistrate of said city, (or a justice of the peace of said county, as the case may be) against (here insert name of defendant) for the violation of an ordinance of said city, for the sum of (here insert the amount of fine) debt, and (here insert amount of costs) costs, in this behalf. These are therefore to command you to levy the said debt and costs, of the goods arid chattels of the said (here insert name of defend- ant) within the city of Bloomington, arid expose the same to 72 ORDINANCES. sale, agreeably to law ; and for want of sufficient property wherewith to levy and satisfy the said debt and costs to be forthwith turned out to you, you are hereby commanded to take the body of the said (here insert name of defendant) and commit him to the prison of said city, or the jail of said county, there to remain twenty-four hours for every dollar contained in the amount of said fine and costs : Or you may arrest the said (here insert name of defendant) and require him to labor upon the streets of said city, at the rate of one dollar per day, until the whole amount of said fine and costs is worked out ; and you are also hereby commanded to make return of this writ within twenty days from the date hereof, with your re- turn thereon, showing how you have executed the same. Given under my hand and seal, this day of A. D., 18 . , [L. S.] Police Magistrate. The officer receiving such writ, shall execute the same by doing as therein directed. 14. DUTY OF OFFICER IN CHARGE OF PRISONER.] In all cases, where the same is practicable, prisoners failing to pay fines, shall be compelled to work them out, as above provided, and the officer or person having charge of any such prisoner, shall cause him to labor diligently and faithfully, and shall only give him credit for the time actually worked. Such prisoner shall be returned to the city prison at noon and night, until discharged, when the person having him in charge, shall five him a statement of the time labored on the streets, and e shall also make a return of the same to the court assessing the fine. 15. PRISONER ESCAPING FINE NOT WORKED OUT.] If any prisoner shall escape before his fine is worked out, or without having remained in prison the length of time above required, he may be re-arrested and caused to work or serve out the re- mainder of his fine ; and where any prisoner is discharged without having paid* or worked out his fine, as herein required, although he may have remained in prison the time specified in section thirteen hereof, such fine shall still stand unsatisfied against him, to be made on execution, if possible. 16. APPEALS.] Appeals may be^taken from judgments rendered under this chapter, in like manner, and upon like conditions, as may be done under the statutes of the State of Illinois, from judgments of justices of the peace. NUISANCES. 73 CHAPTER XIL NUISANCES. DIVISION 1. ENUMERATION AND PUNISHMENT OF NUISANCES. " 2 ABATEMENT OF NUISANCES. DIVISION 1. Enumeration and Punishment of Nuisances. SECTION 1. Hog and cattle stables and pens when nuisance. 2. Suffering manure to accumulate placing same on street. " 3. Gunpowder and gun-cotton when nuisance. " 4. Storage of tar, pitch, etc. when nuisance. " 5. Bills and placards. 6. Dairies prohibited. 7. Suffering premises to become foul. 8. Streams, gutters, ravines, etc. obstruction of. 9. Green or salted hides when nuisance. 10. Foul liquids discharged upon streets or premises. 11. Slops, filth, dead animals, etc. 12. Throwing tilth in well or cistern. ." 13. Bill-boardswhen nuisance. " 14. Gates opening over street or sidewalk. " 15. Slack and refuse coal nuisance. " 16. Soap factories and other offensive establishments. " 17. Slaughtering establishments, etc. when nuisance. " 18. Curbing when nuisance. 19. Trap-doors, gratings, etc, dangerous sidewalks. 20. Failure to refill ditches, etc., or to guard same. 21. Erecting unsafe scaffold. 22. Unsafe signs, awnings, etc. '' 23. Wooden awnings and awnings with supports. 24. Obstructions, excavations, etc. nuisance, 25. Coal vaults and other excavations when nuisance. 26. Unsafe buildings, etc. nuisance, " 27. Council may notify persons building to stop. SECTION 1. HOG AND CATTLE STABLES AND PENS WHEN NUI- SANCE.] Whoever shall keep, use or maintain, within the city of Bloomington, any pen, stable, lot, place, or premises, in which any hogs, cattle, or fowls, may be confined or kept in such manner as to be nauseous, foul, or offensive, or as from any cause to be an annoyance to any community, family or person, shall be deemed guilty of a nuisance, and on conviction, be fined not less than five dollars, nor more than fifty dollars. 2. SUFFERING MANURE TO ACCUMULATE PLACING SAME ON STREET.] Whoever shall suffer to accumulate on any premi- ses owned or controlled by him, any heap or stack of manure, in such manner as to emit noxious, disagreeable or offensive smells, to the annoyance or detriment of any person or family, or whoever shall place any such manure, or the contents of 10 74 ORDINANCES. any privy-vault in, or upon any public street, alley, or com- mon, shall be deemed guilty of a nuisance, and on conviction, shall be fined not less than five dollars, nor more than fifty dollars. 3. GUN-POWDER AND GUN-COTTON WHEN NUISANCE.] The keeping, having, or storing within said city of any gun- powder or gun-cotton, in larger quantity than fifty pounds, at one time and place, or in any other manner than in tin canis- ters or cases, containing, not exceeding thirteen pounds each, or in any position contiguous to any fire, or lighted lamp, or gas jet, or in any situation not readily accessible for the re- moval of such gun-powder or gun-cotton, in case of fire, is hereby declared to be a nuisance, and whoever shall be guilty thereof, shall be fined not less than ten dollars nor more than one hundred dollars. 4. STORAGE OF TAR, PITCH, ETC WHEN A NUISANCE.] Who- ever shall have, or keep in store, within said city, any quan- tity of tar, pitch, rosin, petroleum, or its products, or other combustible materials, or substances, in such manner that the same shall be in danger of taking and communicating fire, shall be deemed guilty of a nuisance, and shall be fined not less than ten dollars, nor more than one hundred dollars. 5. BILLS AND PLACARDS.] The pasting, sticking or plac- ing of any advertisement, handbill, placard, or of any printed, pictured, or written matter, or thing, whatsoever, upon any house, wall, building, fence, railing, sidewalk, or other prop- erty, public or private, without permission of the owner or person in charge thereof is hereby declared a nuisance, and any person found guilty of so doing, shall be fined, not less than five dollars nor more than twenty dollars. 6. DAIRIES PROHIBITED.] Whoever shall erect, keep, or maintain any dairy or any cow stable, or other appurtenance or convenience connected with any dairy within said city, shall be deemed guilty of a nuisance, and shall be fined not not less than ten dollars, nor more than one hundred dollars. Any establishment or place where three or more cows are kept for the purpose of making butter or cheese, or of pro- ducing milk for sale, shall be deemed a dairy within the meaning of this section. 7. SUFFERING PREMISES TO BECOME FOUL.] Whoever shall suffer or permit any cellar, vault, drain, pool, privy, sewer, 3 r ard, grounds or premises, belonging to or controlled by him, to become from any cause, nauseous, foul, offensive, or injuri- ous to the public health, or unpleasant and disagreeable to adjacent residents or persons, shall be deemed guilty of a NUISANCES. 75 nuisance, and on conviction, be fined not less than ten dol- lars, nor more than fifty dollars. 8. STREAMS, GUTTERS, RAVINES, ETC. OBSTRUCTION OF.] Whoever shall place, erect or maintain any obstruction in or across any water course, stream, brook or ravine, so as to cause water to stand and to stagnate therein or shall place or deposit therein any noxious or offensive matter or any stone, earth, straw, hay, manure, dead animal, or other article or substance, or whoever shall by any means dam up or ob- struct any sewer, drain, or gutter shall be deemed guilty of a nuisance and on conviction shall be fined not less than fifty dollars. 9. GREEN AND SALTED HIDES WHEN A NUISANCE.] Who- ever shall keep in store, in any building, cellar or place within said city any green or salted hides, pelts or skins for such length of time or in such manner that the same shall become or be nauseous, foul or offensive by reason of their bad or unwholesome smell or odor shall be deemed guilty of a nui- sance and on conviction shall be fined not less than five dollars nor more than fifty dollars. 10. FOUL LIQUIDS DISCHARGED UPON STREETS OR PREMISES.] Whoever shall cause or permit any nauseous, foul, or putrid liquor or substance, or any liquid or substance likely to be- come nauseous, foul, offensive or putrid to be discharged, placed or thrown or to flow from or out of any premises into or upon any adjacent premises or any public street or alley shall be deemed guilty of a nuisance and shall be fined not less than ten dollars nor more than one hundred dollars. 11. SLOPS, FILTH, DEAD ANIMALS, ETC.] WTioever shall deposit or place in or upon any premises, public or piivate, enclosed or common within said city any vegetable or animal matter or slops, or any filth of a character likely to affect the public health, or to produce offensive smells, or the carcass of any dead animal ; or whoever shall suffer the carcass of any dead animal, which at its death belonged to him, to be or remain in or upon any such place more than six hours after its death, shall be deemed guilty of a nuisance, and on con- viction shall be fined not less than five dollars nor more than fifty dollars. 12. THROWING FILTH IN WELL OR CISTERN.] Whoever shall throw, cast or deposit any filth, substance or thing in any public or private well or cistern shall be deemed guilty of a nuisance, and on conviction shall be fined not less than twenty dollars nor more than one hundred dollars. 76 ORDINANCES. 13. BILL-BOARDS WHEN NUISANCE.] Whoever shall erect, keep or maintain any bill-board or board for advertising upon any public ground or place, or upon any private premises ad- jacent to any sidewalk, street or footway, the same being so erected as to occasion danger or inconvenience to the public, shall be deemed guilty of a nuisance and be fined not less than five dollars nor more than twenty dollars. 14. GATES OPENING OVER STREET OR SIDEWALK.] All gates opening upon any public street shall be so constructed as that no part of such gate shall swing over or above the street or sidewalk upon which it opens, unless such gate be so con- structed or hung as to be self-shutting; and whoever shall erect, keep or maintain any gate, in violation of this section shall be deemed guilty of a nuisance, and be fined not exceed- ing ten dollars. 15. SLACK AND REFUSE COAL NUISANCE.] It is hereby declared to be a nuisance for any person, company or corpo- ration to place, keep, deposit or maintain within said city any pile or piles of slack coal, or refuse material from any coal mine, in such manner that the same shall burn and emit smoke or offensive or disagreeable smells, odors or vapors, whereby the health or comfort of any person or family is af- fected, and any such person, company or corporation on con- viction of such nuisance shall be fined fifty dollars. 16. SOAP FACTORIES AND OTHER OFFENSIVE ESTABLISHMENTS WHEN NUISANCES.] Whoever shall hereafter erect within said city any soap factory, tallow chandlery, tannery, distil- lery or brewery, without permission of the City Council, or whoever with such permission shall conduct any establish- ment of the character aforesaid in such manner that the same shall become foul or offensive, or shall emit or give out bad, offensive or unwholesome smells or odors to the annoyance or detriment of any community, family or person, shall be deemed guilty of a nuisance, and on conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars. 17. SLAUGHTERING ESTABLISHMENTS, ETC. WHEN NUI- SANCES.] Whoever shall hereafter erect or set in operation within said city, or within one mile of the limits thereof, any slaughtering establishment, or establishment for steaming or rendering lard, tallow, offal or other substances without per- mission of the City Council ; or whoever, within the limits aforesaid, shall with or without such permission so conduct or carry on such establishment, that the same shall become foul or offensive, or shall emit unwholesome or disagreeable odors to the annoyance or detriment of any community, family or NUISANCES. 77 person, shall be deemed guilty of a nuisance, and on convic- tion shall be fined not less than ten dollars nor more than one hundred dollars. 18. CURBING WHEN NUISANCE.] No curbing shall be placed nearer than twenty-four feet of the center of any street eighty feet wide or more, nor nearer than sixteen feet of the centre of any street over sixty feet and under eighty feet wide; nor nearer than fifteen feet of the centre of any street fifty feet wide or less. Any person placing curbing in any str* et in violation of this section shall be fined not less than five dollars nor more than fifty dollars on failing to remove the same after ten days' notice from any city officer; and all curb- ing constructed contrary to the provisions of this section, and not removed after ten days' nqtice, as herein provided, is here- by declared to be a nuisance. 19. TRAPDOORS, GRATINGS, ETC. DANGEROUS SIDEWALK.] Whoever shall keep or leave open, or shall allow or suffer to to be left or kept open, any cellar door or trap-door, or the grating of any vault in or upon any side-walk, street, thor- oughfare or passage-way ; or whoever shall make, keep, or maintain any uncovered opening in any sidewalk or passage- way, or whoever shall suffer or allow any sidewalk or foot- way, which it is his duty to maintain or repair, to become or continue so broken, uneven or out of repair as to endanger life or limb, shall be deemed guilty of a nuisance, and on convic- tion shall be fined not less than five dollars nor more than one hundred dollars. 20. FAILURE TO REFILL DITCHES, ETC., OR TO GUARD THE SAME.] Whoever under lawful permission shall for any pur- pose dig or make any ditch, drain, excavation or hole in, across or under any street, alley, sidewalk or other public place within said city, and shall not with all reasonable dis- patch refill the same and fix such street, alley, sidewalk, or place in as good condition as the same was found ; or whoev- er shall, during the lawful existence or continuance of any such ditch, drain, excavation, or hole, fail to have the same so watched, guarded and protected, as to insure the safety of all persons who may or might pass by or near the same, shall be deemed guilty of a nuisance, and on conviction shall be fined not less than twenty dollars nor more than one hundred dol- lars. 21. ERECTING UNSAFE SCAFFOLD.] Whoever shall erect or use, or shall cause or suffer to be erected or used within said city any insecure or unsafe scaffold, whereby the safety of persons working thereon or passing thereunder may be in 78 ORDINANCES. any manner endangered, shall be deemed guilty of a nuisance, and on conviction shall be fined not less than five dollars nor more than fifty dollars. 22. UNSAFE SIGNS, AWNINGS, ETC. CLOTHING AND GOODS. TREES.] Whoever shall erect, suspend, keep or maintain any sign, awning, goods, clothing or other structure or thing over or across any street or sidewalk of the city, or any tree or shrub with branches overhanging the same in such manner as to obstruct such sidewalk or street, or render travel thereon inconvenient or unsafe ; or whoever shall suffer any awning, sign or structure over any street or sidewalk, to be out of re- pair or in an insecure or unsafe condition shall be deemed guilty of a nuisance, and on conviction shall be fined not less than five dollars nor more than fifty dollars. 23. WOODEN AWNINGS AND AWNINGS WITH SUPPORTS.] Whoever shall construct, repair, keep or maintain within said city any wooden awning or shed over any sidewalk or foot-way with supports reaching down to such sidewalk or to the ground, shall be deemed guilty of a nuisance, and on con- viction shall be fined not less than ten dollars nor more than one hundred dollars. 24. OBSTRUCTIONS, EXCAVATIONS, ETC., NUISANCES.] All obstructions to streets, alleys, crossings, or sidewalks of the city, and all excavations in or under the same, which are by ordinance prohibited, or which may be made without lawful permission, are hereby declared to be nuisances, and the per- son erecting, keeping or maintaining any such shall in addi- tion to any penalty specifically denounced against the samt, be subject to the further provisions of this ordinance in rela- lation to the continuance and abatement of nuisances. 25. COAL VAULTS AND OTHER EXCAVATIONS WHEN NUI- SANCES.] Every coal vault or other excavation beneath any sidewalk or street of said city, which is so constructed or so insufficiently covered as to be unsafe and insecure or to en- danger the lives or limbs of persons passing over or by the same, is hereby declared to be a nuisance, and the person keeping or maintaining the same shall be fined therefor not less than ten dollars nor more than one hundred dollars. 26. UNSAFE BUILDINGS, ETE., NUISANCES.] No person shall within said city erect or maintain any insecure or unsafe build- ing, stack, wall, chimney or other structure, or any building, stack, wall, chimney or other structure which from situation, mode of construction or other cause may be dangerous to per- sons or to property : Any person violating this section shall be deemed guilty of a nuisance, and shall on conviction be NUISANCES. 79 fined not less than twenty-five dollars nor more than one hun- dred dollars. 27, COUNCIL MAY NOTIFY PERSONS BUILDING TO STOP.] "Whenever in the judgment of the City Council any building, stack, wall, chimney, or other structure then in process of construction, is being erected or built, upon such plans or in such manner that the same will when completed be insecure, unsafe, or dangerous to persons or property, said Council may cause notice to be served upon the owner of the same or his agent or upon the contractor, or person having charge of the building thereof, to stop work thoreon until the plans of such building shall be so changed as to render the same secure and safe and to meet the approval of said Council ; any person who shall violate the terms of any notice served on him in pursuance of this section shall be fined fifty dollars, and a like sum for each day he shall persist in such violation. DIVISION 2. Abatement of Nuisances. SECTION 1. Court on conviction to order abatement. " 2. Continuing nuisance penalty. " 3. Summary abatement of nuisance when proper. " 4. Authority of marshal manner of abatement. " 5. Costs of abatement, paid by person creating, etc. SECTION 1. COURT ON CONVICTION TO ORDER ABATEMENT.] When judgment shall be rendered against any person for cre- ating, keeping, or maintaining any nuisance, it shall be the duty of the court before whom such conviction is had to order the defendant in such suit to forthwith abate and remove such nuisance, and if the same is not done, by such defendant, within twenty-four hours, that the same shall be abated and removed by the City Marshal. Said order shall be entered upon the docket of the court and be made a part of the judg- ment in the cause. 2. CONTINUING NUISANCE PENALTY.] Any person having been found guilty of creating, keeping or maintaining any nuisance, who shall neglect, or fail to abate and remove such nuisance within twenty-four hours next after his conviction thereof, shall, for each twenty-four hours thereafter which such nuisance is continued, be subject to a like penalty as that originally incurred for keeping, creating, or maintain- ing the same. 3. SUMMARY ABATEMENT OF NUISANCE WHEN PROPER.] When any nuisance is of such a nature or character, and i so 80 ORDINANCES. situated that the same can be abated without the invasion or destruction of private proverty, and the further continuance thereof is likely to result in expense to the city, or injury to any person, it shall be the duty of the City Marshal to abate and remove the same summarily without waiting for the conviction of the author thereof. 4. AUTHORITY OF MARSHAL MANNER OF ABATEMENT.] In any case where a nuisance is to be abated by the City Marshal , or any officer, it shall be the duty of such Marshal or officer to proceed with due care, and without any unnecessary de- struction of property ; and he shall in all cases be author- ized to employ such assistance, and adopt such means as may be necessary to effect the entire abatement of the evil in question. 5. COSTS OF ABATEMENT PAID BY PERSON CP EATING, ETC.] Every person creating, keeping, or maintaining any nuisance, shall be liable for all costs and expenses of abating the same, when done by the city or under its authority ; and in all cases where the City Marshal, or other officer shall abate any such nuisance, he shall keep an account of all expenses attending such abatement, and shall forthwith bring suit for the same in spme competent court in the name of the City of Blooming- ton against the person creating, keeping, or maintaining the nuisance so abated. OFFICERS. 81 CHAPTER XIII. OFFICERS. DIVISION 1. GENERAL PROVISIONS. " 2. CITY ASSESSOR. 14 3. CITY ATTORNEY. " 4. CITY CLERK. " 5. CITY COLLECTOR. " 6. CITY ENGINEER. " 7. CITY WEIGHER. " 8. HEALTH OFFICER. " 9. INSPECTOR OF WEIGHTS AND MEASURES. " 10. MEASURER. " 11. OIL INSPECTOR. " 12. STREET COMMISSIONER. " 13. TREASURER. DIVISION 1. General Provisions. SECTION 1. Appointment of officers term of office. " 2. Qualifications of officers. " 3. Officers to give bond. " 4. Officers to take and subscribe oath. " 5. Officers to be commissioned form. SECTION 1. APPOINTMENT OF OFFICERS.] All officers of the city of Bloomington not by law elective, shall be appointed annually, as provided by statute, which appointment shall be made at the first regular meeting of the City Council held after the newly elected Mayor shall have taken his seat, or as soon thereafter as may be practicable ; and each officer so ap- pointed shall, unless sooner removed, hold his office until his successor is appointed and qualified. 2. QUALIFICATIONS OF OFFICERS.] Every person appoint- ed to any office under this city shall be a citizen of the United States, over twenty-one years of age, and shall have resided in this city at least one year next preceding his appointmenk- 11 82 ORDINANCES. 3. OFFICERS TO GIVE BONDS.] Every officer of said city, except members of the City Council, shall, before entering up- on the duties of his office, give bond to the city of Blooming- ton in such sum as the City Council may designate, or as may be specially provided by ordinance, with two or more good and sufficient securities, residents of this city, to be approved by the City Council ; which bond, when not otherwise pro- vided by law or ordinance, shall be conditioned for the prompt and faithful performance by such officer of all acts and duties required of him as such officer by any law of the State of Illi- nois or ordinance of the City of Bloomington then in force or that may be subsequently passed, and for the prompt ac- counting for, and payment to the city or its proper officers of, all moneys that may come into his hands by virtue of his office. 4. OFFICERS TO TAKE AND SUBSCRIBE OATH.] 'Every officer of said city shall, before entering upon the duties of his office, take and subscribe an oath before some officer authorized by law to administer oaths, that he will support the Constitution of the United States and of the State of Illinois, and will faithfully, promptly and to the best of his ability discharge and perform the duties of his office ; which oath shall be filed, together with his official bond, if one is required, in the office of the City Clerk. 5. OFFICERS TO BE COMMISSIONED FORM.] Upon the filing of the oath and bond mentioned in the last section, the City Clerk shall, except in case of members of the City Council, issue to the officer filing the same a commission in the name of the Mayor and under the seal of the city? which may be substantially as follows : To all to whom these presents shall come, Greeting : Know ye, that , having been duly elected (or ap- pointed, as the case may be,) and qualified to the office of of the city of Bloomington ; Therefor, I, , Mayor (or acting Mayor, as the case may be,) of said city, for and in behalf of the people thereof do hereby commission the said as such in and for said city ; to have and possess the said office with all the rights, powers and emolu- ments incident thereto, with authority to execute all the duties thereof according to law until his successor shall be duly chosen and qualified. In testimony whereof, I have hereunto set my hand [ SEAL. ] and caused the corporate seal of said city to be af- fixed this day of in the year 18 . ATTEST : (Signed) , MAYOR. CLERK. OFFICERS. 83 DIVISION 2. City Assessor. SECTION 1. Appointment and bond of Assessor. 2. Assessor to be governed by statutes, etc. " 3. Township assessors appointed. SECTION 1. APPOINTMENT AND BOND OF ASSESSOR.] There shall be appointed in and for the city of Blooraington, as pro- vided by law, one City Assessor, who shall, before entering upon the duties of his office, execute to the city a bond in the penal sum of one thousand dollars conditioned for the prompt and faithful'performance of the duties of City Assessor, as defined by the'ordinances of said city and the statutes of the State of Illinois. 2. ASSESSOR TO BE GOVERNED BY STATUTES, ETC.] The City Assessor, upon receiving the books of assessment, shall proceed promptly to assess all real and personal property with- in the city subject to taxation. The time and manner of as- sessment shall be the same as that prescribed by the statutes of the State of Illinois for the government of township as- sessors. 3. TOWNSHIP ASSESSORS APPOINTED.] Whenever the Mayor and City Council of said city may think fit to appoint the reg- ular Township Assessors of Bloomington and Normal town- ships as the assessors of said city, the provisions of this or- dinance shall apply to each of such assessors the same as though but one had been appointed, as contemplated in its terms. DIVISION 3. City Attorney. SECTION 1. Qualifications and bond of Attorney. " 2. Duties of City Attorney. SECTION 1. QUALIFICATIONS AND BOND OF ATTORNEY.] The City Attorney shall, in addition to the qualifications required in section two, division one, of this chapter, be licensed to practice in all courts of the State of Illinois; and before en- tering upon the duties of his office he shall give bond to the city in the penal sum of one thousand dollars, conditioned for the faithful performance of the duties of his office. 2. DUTIES OF CITY ATTORNEY.] It shall be the duty of the City Attorney : 84 ORDINANCES. ffirst To prosecute all suits for the recovery of fines and penalties before any court for the violation of any of the ordinances or laws of said city. Second To institute or defend any suit which may be brought in any court by or against said city, or which may be brought by or against any of its officers on account of any of their official acts. Third To collect promptly all judgments recovered by said city, and to see that all persons failing to pay fines are im- prisoned as required by ordinance. Fourth To pay into the city treasury all money which may be received by him on account of said city, and take receipts therefor. Fifth To report monthly to the City Council the number of suits brought in behalf of the city, the manner in which they have been disposed of, the aggregate amount of judgments recovered by said city, the amount collected by him upon said judgments, and the amount paid by him to the City Treasurer, together with the Treasurer's receipts therefor. Sixth To draft all ordinances, bonds, contracts, leases, con- veyances, and such other instruments of writing pertaining to the business of an attorney, as may be required by the busi- ness of said city. Seventh To inspect and examine all tax and assessment rolls, and to institute and conduct all proceedings in refer- ence to the assessment and collection of city taxes. Eighth To furnish his written opinion upon any legal ques- tion submitted to him for such opinion by the City Council, and to regularly attend all meetings of said Council. Ninth To perform in behalf of the city such other services incident to the office of an attorney, as may, from time to time, be required by the City Council, or by any of its com- mittees or officers. DIVISION 4. City Clerk. SECTION 1. Bond of City Clerk. 2. Duties of City Clerk. SECTION 1. BOND OF CITY CLERK.] The City Clerk of the city of Bloomington, shall give bond in the penal sum of one thousand dollars, with security, to be approved by the City Council, conditioned for the faithful performance of the duties of his office, and that he will, at the expiration of his term of OFFICERS. 85 office, turn over to his successor or to the City Council, all books, records, and other property coming to his hands as such clerk. 2. DUTIES OF CITY CLERK.] It shall be the duty of the City Clerk, First To attend all meetings of the City Council, and keep a full and correct journal of Us proceedings, and to record at length in such proceedings all ordinances passed by said Coun- cil, and not published in book form, and also all contracts to which the city may be a party. Second To carefully preserve in his office all books, records, and papers belonging to the city, which may come to his hands as clerk. Third To keep full and complete accounts and exhibits of all financial transactions of the city, to be entered upon such books as are provided for that purpose, in form of double entry, including in such account all claims against the city, as the same may be allowed ; and all orders for the payment of money granted and on what account. Fourth To preserve in his office all bills on which any money may be paid out by the city. Fifth To issue all licenses, the granting of which may be provided for by ordinance, and to keep a record in a suitable book of each license granted, to whom granted, for what pur- pose, the period of time covered thereby, and the location of the place of business of the person obtaining the license. Sixth To do and perform such other duties pertaining to his office as may be necessary, or as the City Council may, from time to time, require. Seventh Said clerk shall keep his office at such place as the City Council may direct, and his office hours shall be from eight o'clock a. m. to twelve m., and from one o'clock p. m. until five o'clock p. m. of each day. DIVISION 5. City Collector. SECTION 1. Bond of City Collector. " 2. Collector to proceed as provided by statute settlement. " 3. Collector to report delinquent taxes. " 4. Appointment of town collectors as collectors for city. SECTION 1. BOND OF CITY COLLECTOR.] The amount of the bond of the City Collector shall be double the amount of taxes to be by him collected for the city during the year for which such bond is given, and shall be conditioned similarly to the 86 ORDINANCES. bond required by the Statutes of Illinois to be given by town collectors. 3. COLLECTOR TO PROCEED AS PROVIDED BY STATUTE SET- TLEMENT.] Tbe City Collector upon receiving the tax book or books shall proceed to the collection of the city taxes in like manner as is by the Statutes of Illinois provided for the collection of State, county and town taxes. He shall use a high degree of diligence to collect all city taxes extended upon the books, making levies when necessary for that purpose, and he shall make return of his books, accounts and vouchers, and make a final settlement with the Finance Committee and the City Treasurer, on or before the first day of April in each year. 3. COLLECTOR TO REPORT DELINQUENT TAXES.] The City Collector shall, upon concluding his collection of taxes, make out a written statement of all delinquent taxes and assess- ments for such year, comprising names of persons by whom owing, whether amount due in each case is real estate or per- sonal tax, with remarks as to whether collectible, and submit the same to the City Council in session. 4. APPOINTMENT OF TOWN COLLECTORS AS COLLECTORS FOR CITY.] Whenever the regular town collectors of Bloomington and Normal townships may be appointed as the collectors of said city, in and for the districts or parts of said city, com- prised within their respective townships, the provisions of this division shall apply to each of such collectors the same as though the two had been expressly mentioned in its terms. DIVISION 6. City Engineer. SECTION 1. Appointment and bond, " 2. Stipulation in Engineer's bond. " 3. Duties of City Engineer. " 4. Books and materials to be procured by and belong to the city. " 5. Engineer not to do outside work without consent of Council nor be interested in any contract with city. " 6. Engineer 'to be ex-offlcio commissioner of sidewalks and special as- sessments duties as such. SECTION I. APPOINTMENT AND BOND.] There shall be ap- pointed in and for the City of Bloomington, as provided by law, one City Engineer, who shall, before entering upon the duties of his office, execute to said city a bond in the peual sum of one thousand dollars, with two or more good and sufficient securities, to be approved by the City Council, con- ditioned that he will faithfully perform his duties as such En- gineer, and that he will at the expiration of his term of office OFFICERS. 87 turn over to his successor, or to the city of Blooraington, all books, records, surveys, plats, papers, notes, and writings com- ing to his hands as such Engineer, or made by him as such Engineer while employed by the city. 2. STIPULATION IN ENGINEER'S BOND.] The bond of the City Engineer shall in addition to the condition provided for in section one hereof contain a stipulation in the following words, to-wit : "It is expressly stipulated and agreed by the parties hereto that in case the said (here insert name of engineer) shall fail to make all records and writings upon the books of the city, which are, or may be, by ordinance required to be made by him, or shall fail to turn over to his successor, or to the city of Bloomington, or its authorized officer or officers, any book, map, survey, memorandum, or any field notes, or other result or product of his labor as such Engineer, as the same is or may be by ordinance required to be turned over by him, then the damages for such default on the part of the said (here in- sert name of engineer) shall be one thousand dollars to be taken as liquidated assessed and agreed upon by the parties and may be sued for and recovered without any other or further proof of damages than the default aforesaid." 3. DUTIES OF CITY ENGINEER.] It shall be the duty of the City Engineer ; First To make the requisite maps, plans, specifications and estimates for all work constructed by the city or under its authority. Second To keep a systematic record on the books of the city of all transactions within his department, and carefully preserve in his office all maps, plans, and surveys of the city, and all records, books, papers and writings made by him, or coming to or being in his hands as such City Engineer. Third To report monthly to the City Council a general abstract of all the operations of his department; the amount of work executed, and the amount on hand unexecuted, and such other information as may be deemed of importance, or as the City Council may require. Fourth To keep in a suitable book, to be provided by the city, all grades established by the City Council. Said grade book shall be kept in the office of said City Engineer, and shall be the exclusive property of the city, and all entries therein shall be made with ink. Fifth To give grades of streets or alleys to persons de- siring to build or to construct sidewalks, and street lines to persons desiring to construct curbing, when instructed so to 88 ORDINANCES. do by the City Council or its authorized committee ; Provided, that no grade shall be given unless the same is established by ordinance. Sixth To turn over to his successor, or some other person authorized to receive the same for the city, at the expiration of his term of office all records, books, plats, maps, surveys, plans, writings, papers, and instruments received or in his custody, together with all field notes and other results and products of his labor while acting as such Engineer. Seventh To do and perform such other duties pertaining to the business of his department as may from time to time be necessary, or as the City Council or any authorized com- mittee thereof may require of him. 4. BOOKS AND MATERIALS TO BE PROCURED BY, AND BELONG TO, THE CITY.] The Engineer shall advise the City Council of all books, stationery, instruments and material required in his department, and upon the order of said C ouncil, shall procure the same at the expense of the city, and he shall keep all records, maps, charts, surveys, grades and plans, and likewise make all memorandums of his work, and all field notes of surveys upon the books of the city so procured, or in his hands, and all such records, maps, charts, surveys, grades, plans, memorandums and field notes, together with all pro- ducts and results of his labors as such Engineer, shall be the property of the city and constitute a part of the records to be turned over by him to his successors, or to the city, as is here- in above provided. 5. ENGINEER NOT TO DO OUTSIDE WORK WITHOUT CONSENT OF COUNCIL, OR BE INTERESTED IN ANY CONTRACT WITH THE CITY.] The City Engineer shall devote his entire time and energies to the performances of his duties, and in no case shall he, while employed by the city, do for hire any engineering, sur- veying, or other work pertaining to the business of an Engin- eer for any person, company or corporation, other than said city, without the consent of the City Council, and all earnings received for any such outside work shall be paid over by him to the City Treasurer ; nor shall he, during his term of ofiice, be either directly, or indirectly concerned or interested in any contract with the city for any public work. 6. ENGINEER TO BE EX-OFFICIO COMMISSIONER OF SIDEWALKS AND SPECIAL ASSESSMENTS DUTIES AS SUCH.] The City Engin- eer shall be ex-ojficio commissioner of sidewalks and special assessments, and as such shall keep a full record in a conven- ient and legible form, of all special assessments for the build- ing of sidewalks and other purposes, including all made since OFFICERS. 89 the first day of July, 1872. He shall prepare all descriptions of property to be assessed with owner's names ; prepare and cause to be served, published or posted, as the case may be, all notices required by law to be given in the case of special as- sessments, and also all notices required to be given where property has been purchased by, or on behalf of the city, for unpaid special assessments ; and perform such other duties in relation to sidewalks and special assessments as the Council may from time to time direct. DIVISION 7. Ctiy Weigher. SECTION 1. City Weigher appointment and bond deputies. " 2. Duties of Weigher. " 3. Weigher to keep book. " 4 False certificate, etc., penalty. SECTION 1. CITY WEIGHER APPOINTMENT AND BOND DEPUTIES.] There shall be annually appointed, in and for the city of Bloom- ington, one City Weigher, who shall, before entering upon the duties of his office, execute to said city a bond, with security, to be approved by the City Council, in the penal sum of five hundred dollars, conditioned for the faithful performance of the duties of his office. Said Weigher may appoint deputies, if deemed necessary, for whose acts said Weigher and his se- curities shall be responsible, 2. DUTIES OF WEIGHER.] The City Weigher shall have charge of all public scales of said city, and shall, by himself or deputies, attend at said scales from sunrise till sunset of each day, (Sundays and legal holidays excepted) and there weigh every load of grain, hay, stone-coal, or other thing pre- sented to be weighed, and give to the person presenting the same a dated certificate of gross tare and net weight thereof. Where contract is made in advance with said Weigher, for the weighing of an entire car-load of any article, he may in- clude the whole of said car-load in one certificate. 3 WEIGHER TO KEEP BOOK.] Said Weigher shall enter in a suitable book, to be furnished him by the city, every load of grain, hay, stone-coal, or other thing weighed by him. desig- nating the kind and weight of each, for whom weighed, and the amount of fees received therefor. 4. FALSE CERTIFICATE, ETC. PENALTY.] Any City Weigher who shall neglect or refuse to weigh any load of hay, stone- coal, or other thing presented to be weighed, upon request and tender of fees, or who shall give any false certificate of 12 90 ORDINANCES. weight to any person, or whoever shall seek to make any certificate of the City Weigher apply to any other or different matter or thing than that for which the such certificate was given shall, on conviction, be fined not less than twenty dollars nor more than one hundred dollars. DIVISION 8. Health Officer. SECTION 1. Health officer appointment and bond. 2. Duties of Health Officer. 3. Disobeying orders of Health Officer penalty. 4. To make complaint against the authors of nuisances. 5. Marshal and policeman to assist Health Officer. 6. City Council may retire from pay. SECTION 1. HEALTH OFFICER APPOINTMENT AND BOND.] There shall be appointed in and for the city of Bloomington one Health Officer who shall give bond to the city in the sum of five hundred dollars, with security, conditioned for the faithful performance of the duties of his office. 2. DUTIES OF HEALTH OFFICER.] It shall be the duty of the Health Officer from time to time and as often as the health of the city may require it, or as he shall be requested by the Mayor of said city, to go into or upon any premises in said city and make a careful examination of the same with refer- ence to their sanitary condition and arrangement, and to give such orders and directions in relation to their ventilation, cleanliness and sanitary condition in general as he may deem necessary to secure, protect, preserve or restore the general health and to prevent the introduction of contagious or other diseases into the city. 3. DISOBEYING ORDERS OF HEALTH OFFICER PENALTY.] Whoever shall refuse or neglect to obey or carry out the di- rections or orders of the Health Officer, given in pursuance the preceding section, shall be fined not less than three dol- lars nor more than ten dollars for each day of such neglect or refusal. 4. TO MAKE COMPLAINTS AGAINST THE AUTHORS OF NUI- SANCES.] It shall also be the duty of said Health Officer to make complaint against any person whom he may know to be the author of any nuisance within said city, and cause such person to be prosecuted and euch nuisance to be abated, as provided by the ordinances of said city. 5. MARSHAL AND POLICEMEN TO ASSIST HEALTH OFFICER.] The Marshal and policemen of the city shall render such as- OFFICERS. 91 sistance to the Health Officer in the discharge of his duties as he shall from time to time require of them. 6. CITY COUNCIL MAY RETIRE FROM PAY.] The City Coun- cil may by resolution retire the Health Officer from active service and from pay as a city officer during any portion of the year when they may deem his services unnecessary. DIVISION 9. Inspector of Weights and Measures. SECTION 1. Appointment and bond. 2. City Clerk to procure standards. 3. Inspector's office to inspect and stamp scales, etc. 4. To inspect on request complaint, etc. 5. lucorrect scales, etc., to be condemned penalty. 6. Report of Inspector. 7. Using uninspected weights or measures. 8. False weights, etc. giving too little of article penalty. 9. Hindering or delaying inspector penalty. SECTION 1. APPOINTMENT AND BOND.] There shall be an- nually appointed, in and for the city of Bloomington, as pro- vided by law, one Inspector of Weights and Measures, who shall give bond to the city in the penal sum of five hundred dollars, with two or more securities, to be approved by the City Council, conditioned for the faithful performance of the duties of his office. 2. CITY CLERK TO PROCURE STANDARDS.] The City Clerk shall, at the expense of the city, procure correct and approved standards of weights and measures, comprising a full set of weights, measures, scales and beams, as adopted by the statutes of the State of Illinois, as the standard of weights and measures for said State, and he shall cause each of the weights, measures, scales and beams, procured as aforesaid, to be tested and sealed by the State Sealer, and the same shall be used by the said Inspector of Weights and Measures as the standards for testing the weights and measures of said city, and shall be kept by said Inspector in his office as city prop- erty, and be by him turned over to his successor, or to the city, at the expiration of his term of office. 3. INSPECTOR'S OFFICE TO INSPECT AND STAMP SCALES, ETC.] It shall be the duty of the Inspector of Weights and Measures, to keep an office within the city, and to designate by card or otherwise, the hour or hours of each day when he may be found in his office. He shall once in each year between the first day of May and the first day of October, inspect where situate, and test the accuracy of, all weights, measures, bal- ances, scales, beams, and all other instruments or things used 92 ORDINANCES. for measuring or weighing any article for sale within the city and stamp with a suitable stamp or seal, all scales, weights and measures found to be correct, and deliver to the owners thereof certificates of their accuracy. The stamp or seal used shall indicate the date of inspection, and that the weight, measure or scale on which it is placed is correct. Said in- spector shall, on request, inspect all city scales free of charge. 4. TO INSPECT ON REQUEST COMPLAINT, ETC. FEES.] It shall be the duty of said inspector whenever complaint is made to him by any person interested, or whenever he may have reason to believe that any weight, measure, scale, balance, or other instrument used for weighing or measuring in said city is incorrect, or whenever thereto requested by the owner of, or person using any such, to inspect and test the same, with- out regard to the date of any previous inspection : Provided, That said inspector shall not be entitled to charge for any ex- cept the regular yearly inspection, except in cases where re- quested to inspect by the owner or user, or when the weight, measure, scale, balance or instrument inspected is found to be inaccurate and untrue, when the regular fees may be charged. 5. INCORRECT SCALES, ETC., TO BE CONDEMNED PENALTY.] If upon examination said inspector shall find any weight, measure, balance, scale, beam, or other instrument or thing to be incorrect or untrue, he shall condemn the same, and forthwith notify the owner or user thereof of such condem- nation, and the use of any weight, measure, balance, scale or other instrument or thing so condemned, is hereby prohibited until the same shall have been corrected and sealed by the in- spector, under a penalty of not less than ten dollars nor more than fifty dollars for each offense. 6. REPORT OF INSPECTOR.] Within ten days after the completion of each annual inspection of weights and measures, said inspector shall make a report to the City Council, setting forth all weights and measures inspected by him for the year with the owners names respectively, and noting what weights and measures were found correct and what incorrect; which said report shall be filed away and preserved by the City Clerk. 7. USING UNINSPECTED WEIGHTS OR MEASURES.] After the first day of October, in the year eighteen hundred and seventy- six, no person shall, within said city, use for weighing or measuring articles for sale, any weight, measure, scale, beam, balance, or other instrument or thing, unless the same shall have been inspected, tested and stamped by the Inspector of OFFICERS. 93 Weights and Measures, under a penalty of not less than ten dollars nor more than one hundred dollars for each offense. 8. FALSE WEIGHTS, ETC. GIVING TOO LITTLE OF ARTICLE PENALTY.] Whoever shall use in weighing or measuring any article for sale, within said city, any weight, measure, scale, beam, balance, or other instrument or thing, which does not conform to the standard prescribed by the statutes of the State of Illinois; or whoever shall give a less quantity of any article or thing sold than is contracted or paid for by the buyer, computing by the standard and mode of measuring or weighing adopted and prescribed in the statutes aforesaid, for the article so sold, shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars for each offense. 9. HINDERING OR DELAYING INSPECTOR PENALTY.] Said inspector shall, during ordinary business hours, have access to all rooms or places where any scales, weights, or measures used for weighing or measuring are kept ; and any person re- fusing, upon demand, to exhibit to said inspector, for inspec- tion, any and all weights, measures, scales, beams, balances, or other instruments or things used or owned by him, or who shall in any manner hinder or delay said inspector in the per- formance of any of his duties as herein prescribed, shall be fined not less than ten dollars nor more than one hundred dollars. DIVISION 10. Measurer. i SECTION 1. Appointment and bond. " 2. Lumber, etc. when to be measured. " 3. Fraudulent certificate, etc. penalty. " 4. Failing to measure penalty. SECTION 1. APPOINTMENT AND BOND.] There shall be ap- pointed in and for the city of Bloomington, as provided by law, one City Measurer, who shall, before entering upon the duties of his office, give bond to the city in the penal sum of five hundred dollars, with two or more securities, to be ap- proved by the City Council, conditioned for the faithful and prompt performance of the duties of his office. 2. LUMBER, ETC. WHEN TO BE MEASURED CERTIFICATE.] All lumber or other building material, sold or purchased, to be used within said city, and likewise all mechanical work done or performed within said city, shall, if any party con- cerned requires it, be measured by the City Measurer, and on request such Measurer shall promptly make any such measure- 94 ORDINANCES. ments and give a certificate of the results thereof to each party interested. He shall use standard measures, which the City Inspector of Weights and Measures shall test correct, and seal for him, free of charge. 3. FRAUDULENT CERTIFICATES, ETC. PENALTY.] Whoever shall, with intent to cheat or defraud another, exhibit any false or forged certificate of measurement, or shall fraudulently en- deavor to make any genuine certificate of the City Measurer applicable to any greater or less quantity of lumber, material, or work, or to any other or different lumber, material or work, than that for which the same was given, shall be fined not less than ten dollars Lor more than one hundred dollars, for each offense. 4. FAILING TO MEASURE PENALTY.] Any City Measurer, who shall tail, on request of any interested party, to promptly repair to, and measure any lumber, building material, or mechanical work, unless he is at the time officially engaged, shall be fined, on conviction, not exceeding twenty dollars. DIVISION 11. Oil Inspector. SECTION 1 Appointment and Bond. " 2. Duties of oil inspectors. SECTION 1. APPOINTMENT AND BOND.] There shall be ap- pointed in and for the city of Bloomingtou, as provided by law, one inspector of coal oil and burning fluid, and such additional number as the City Council may from time to time by resolution provide. Such inspectors shall, before entering upon their duties, severally give bond with one or more good and sufficient securities, to be approved by the City Council, conditioned for the faithful performance of their respective duties as such inspectors. 2. DUTIES OF OIL INSPECTORS.] It shall be the duty of such inspectors to inspect and test oils and burning fluids, as provided by statute ; and to make monthly reports to the City Council of the amount, kind and quality of all oil and burn- ing fluid inspected by them, and the names of the owners of each parcel, together with such other information as the City Council mav direct. OFFICERS. 95 DIVISION 12. Street Commissioner. SECTION 1. 'Htreet Commissioner's bond. " 2- Duties of Street Commissioner. SECTION 1. STREET COMMISSIONER'S BOND.] The Street Commissioner of the city of Bloomington shall, before enter- ing upon the duties of his office, give bond to the city in the penal sum of five hundred dollars, with security, to be approved by the City Council, conditioned for the faithful performance of the duties of his office. 2. DUTIES OF STREET COMMISSIONER.] The duties of the Street Commissioner shall be as follows : First To forthwith mend all breaks or places requiring re- pairs, in any public street or crossing, and also in any sidewalk, where the repairs needed are slight, and do not require the construction of a new walk. Second To annually cause all streets and alleys of the city to be thoroughly cleansed, beginning in the spring of each year, and to keep them clean and free from weeds, so far as practicable, during the year, in which work he shall be under the direction of the Mayor, when not specially instructed by resolution of the City Council. Third To cause all ordinances of the city respecting streets, alleys, public grounds, sidewalks, drains and sewers, to be obeyed and enforced. Fourth To perform ex-officio the duties of Health Officer of said city, at all times, when no Health Officer is on active duty. Fifth To report monthly to the City Council all work done during the month, and all expenses incurred in his depart- ment, and upon what account and to whom each item is in- curred. Sixth To obey such orders, general or special, as may from time to time be given him by the City Council, executing all special directions of said Council, in the order in which the same are given, unless otherwise specially directed. 96 ORDINANCES. DIVISION 13. Treasurer. SECTION 1. Bond of City Treasurer. " 2. Duties of City Treasurer. " 3. Treasurer to keep account of indebtedness, assets, etc. SECTION 1. BOND OF CITY TREASURER.] The amount of the bond to be given by the City Treasurer shall be fixed each year by the City Council at the time of his appointment, or as soon thereafter as practicable. The amount of such bond shall be determined as nearly as may be according to the prob- able amount of funds to be handled by such treasurer during his term of office ; and the Council may at any time require a new or additional bond when in their judgment the one given is for any reason insufficient. 2. DUTIES OF CITY TREASURER.] The Treasurer of said city shall keep a full record of all the financial operations of the city ; receive all moneys belonging to the city, and be re- sponsible for the same ; keep a regular and fair account of all moneys received and disbursed, of whom received and to whom paid; and noting particularly in his accounts on what account moneys are received and paid out. He shall at the end of each month exhibit to the Council an abstract of his accounts of moneys received and paid out. He shall in no case pay out any money, except upon the order of the Mayor, attested by the Clerk : and every such order shall be stamped upon its face denoting the time of payment. At the end of his official term he shall make out and file with the Clerk a full and complete statement of all moneys received and disbursed by the City during the year. 3. TREASURER TO KEEP ACCOUNT OF INDEBTEDNESS, ASSETS, ETC.] The City Treasurer shall keep an accurate and full ac- count under the head of "bills payable" and "bills receivable" of the entire indebtedness of the city, floating and bonded, and likewise of all assets of the city and amounts due the same, and of all property bought in for taxes by the city under special assessments. ORDINANCES. 97 CHAPTER XIV. ORDINANCES. SECTION 1. Printing of ordinances certificate, etc. " 2. When to take effect. " 3. Two offenses election of prosecutor. 4. Singular and plural words corporations. 5. Construction of certain words. 6. Application of rules. 7. Repeals, construction of. 8. Repeal exception saving clause. SECTION 1. PRINTING OF ORDINANCES, CERTIFICATE, ETC.] It shall be the duty of the City Clerk of the city of Blooming- ton, to cause prompt publication to be made in the newspaper doing the city printing, of all ordinances passed by the City Council, and he shall procure the certificate of the printer to such publication, and attach it to the record of the ordinance so published, or write and attest it upon the face of such record as required by section three of an act of the legis- lature of the state of Illinois, entitled "An act to amend the charter of the city of Bloomington," approved March 8, 1869. Said Clerk shall procure printed slips of any ordinance for the convenience of members, when directed so to do by the City Council ; and the originals of all ordinances shall be filed away and preserved by said Clerk in his office : Provided, that nothing in this section contained shall be applicable to, or in any manner affect any ordinance included in any compilation or revision of ordinances, which at any time may be collect- ively published in book or pamphlet form, by authority of the City Council. 2. WHEN TO TAKE EFFECT.] All ordinances passed by the City Council shall take effect from and after the due publica- tion thereof in any newspaper published within said city, unless therein otherwise expressly provided. 3. Two OFFENSES ELECTION OF PROSECUTOR.] In all cases where the same offense may be punishable, or shall be created by different clauses or sections of the ordinances of the city, the prosecuting officer may elect under which to proceed ; but not more than one recovery shall be had against the same per- son for the same offense. 4. SINGULAR AND PLURAL WORDS CORPORATIONS.] When- ever any word in any ordinance importing the plural number shall be used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed 9$ ORDINANCES. to be included, although distributive words may not be used. And when any subject matter, party or person shall be referred to in any ordinance by words importing the singular number only, or the masculine gender, several matters, parties or per- sons, and females as well as males, shall be deemed to be included ; and all ordinances shall be taken and construed to include within their meaning and terms, and to operate upon all incorporated companies acting through agents, servants or employes, within the city, the same as though such companies were expressly mentioned and included. 5. CONSTRUCTION OF CERTAIN WORDS.] The word "court," when used in any ordinance of said city, shall he construed to mean any court of competent jurisdiction, and the word "month," when used in any ordinance, shall be construed to mean a calendar month, and the word "sworn" to mean sworn or affirmed. 6. APPLICATION OF RULES.] The rules of construction prescribed in this chapter, shall govern in all cases, unless it shall be otherwise specially provided in the ordinance to be construed, or unless there be something in the subject matter or context thereof repugnant to such construction ; and all general terms, provisions, phrases or expressions used in any ordinance, shall be liberally construed, in order that the true meaning and intent of the City Council may be carried out. 7. REPEALS, CONSTRUCTION OF.] Unless otherwise express- ly provided, no suit, prosecution, proceeding, right, fine or penalty, instituted, created, given, secured, or accrued under any provision of any ordinance, previous to its repeal, shall in anywise be affected, released, or discharged by the repeal of such provision, but may be prosecuted, enjoyed and recovered as fully as if such ordinance had continued in force; and when any ordinance repealing any former ordinance, clause, or pro- vision, shall itself be repealed, such repeal shall not be con- strued to revive such former ordinance, unless it be expressly so provided. 8. REPEAL EXCEPTION SAVING CLAUSE.] All general ordinances of the city of Bloomington heretofore passed in relation to the subject matter of, or inconsistent with, any of the provisions of any chapter of the ordinances of said r-ity as revised, compiled, and arranged by Isaac N. Phillips, and ordered to be published in book form by authority of the City Council of said city, of which said revision this chapter forms a part, are hereby severally repealed: Provided., That no spe- cial ordinance, nor any ordinance for the making of any pub- lic improvement, nor any ordinance herein republished with- POLICE DEPARTMENT. 99 out material change, shall be deemed to be repealed by this section : And Provided further, That such repeal shall not effect any act done, or any right accruing, or accrued, or established, or any suit, action, or proceeding had or commenced in any case, before the time when said repeal shall take effect, or any offense committed, or any penalty or forfeiture incurred, or any suit or prosecution pending at the time of such repeal for any offense committed, or for the recovery of any penalty or forfeiture incurred under any provision of any ordinance so repealed. CHAPTER XV. POLICE DEPARTMENT. SECTION l. Police Department how composed. 2 Mayor to be head of department. 3. Powers of members. 4. Duties of City Marshal. 5. Marshal to be custodian of property special policemen's stars. 6. Marshal to make monthly report. 7. Duties of subordinates. 8- Appointment of special policemen. 9. Rank of policemen. 10. Causes for removal. 11. Rules and regulations. 12. Police uniforms. SECTION 1. POLICE DEPARTMENT now COMPOSED.] The police department of the city of Bloomington, shall consist of the Mayor, Aldermen and Health Officer of said city who shall be ex-qfficio members of the police department one City Marshal, one Captain of Night Police, and such other subordi- nate officers, policemen and watchmen, as the Mayor and City Council may from time to time appoint. 2. MAYOR TO BE HEAD or THE DEPARTMENT.] The Mayor shall be the head of the police department, and shall superin- tend and direct the police force generally. He shall see that the several members of the department are prompt and faithful in the discharge of their duties, and from time to time take such measures and adopt such regulations as he may deem necessary for the preservation of the peace and good order of the city, and the due enforcement of all the laws and ordi- nances thereof. 3. POWERS OF MEMBERS.] Every member of the police department shall have power to arrest, with or without pro- cess, and bring before some proper tribunal in said city, all persons who may break, or threaten to break, the peace, or 100 ORDINANCES. who may be found in the act of violating, or who maj reason- ably be suspected of having violated, any ordinances of said city, and to detain any such person in custody until such time as an examiuation may be had in pursuance of law. They shall also have power to serve all process issued by virtue of the laws and ordinances of the city of Bloomirigton. 4. DUTIES OF CITY MARSHAL.] The City Marshal shall be the commanding officer of the entire police force of the city, subject only to the Mayor, or the Council in session. He shall devote his whole time and energy to the discharge of his du- ties, and shall see that the laws and ordinances are enforced as far as possible by the force under his command, and that all oifenders are reported to some proper tribunal for punishment. He shall assign to all policemen or patrolmen under him their different beats or districts, and their respective hours of ser- vice, and shall see that they are on duty during the whole time of their watch, and in case of his necessary absence from the city, his duties shall devolve upon the officer of the force next in rank : Provided, That said Marshal shall in no case ab^ sent himself from the city without notifying the Mayor of his intended absence, where the same is practicable. 5. MARSHAL TO BE CUSTODIAN OF PROPERTY SPECIAL PO- LICEMEN'S STARS.] The City Marshal shall be the custodian of all property provided by the city for the use of the police de- partment and shall issue and receive the same as the City Council may direct. He shall also be the custodian of all stolen goods or other property received and retained under po- lice authority. He shall provide stars for all special police- men similar to those worn by the regular members of the force, each of which shall be numbered and shall have en- graved thereon the words "Special Police, Bloomington ;" and each such special policeman shall on receiving his star pay to said Marshal five dollars, which shall be refunded to him by the Marshal upon return of the star when such policeman quits the service. Any special policeman failing or refusing to procure and wear a star as herein provided shall be fined ten dollars. 6. MARSHAL TO MAKE MONTHLY REPORT.] The City Mar- shal shall during the first week of each month make out and file with the City Clerk a report in writing of the doings of his department during the preceding month. Said report shall set forth all prosecutions for the recovery of fines, all arrests made and by whom each is made, the nature of the charge in each prosecution, before what magistrate brought, POLICE DEPARTMENT. 101 and how disposed of, and a statement of all property received by him during the month by virtue of his office. 7. DUTIES OF SUBORDINATES.] All subordinate officers and policemen shall be regular and prompt in the discharge of their duties and shall obey the orders of their superiors. They shall, to the best of their abilities, preserve order, quiet and peace throughout the city, and enforce all ordinances of the city. Every policeman shall report to his commanding officer all persons known or suspected to be gamblers, re- ceivers of stolen property, thieves, burgldrs, or disorderly per- sons, and also all unlawful or disorderly houses or places within said city coming to his knowledge, as well as all vio- lations of tbe laws of the State or the ordinances of the city reported to him, or of which he may be cognizant; and when it shall come to the knowledge of any member of the police force that any city ordinance has been violated such member shall forthwith cause a proper complaint to be made before a police magistrate or justice of the peace within said city, and the proper witnesses to be summoned and evidence procured for the successful prosecution of the offender. It shall also be the duty of policemen to serve promptly all warrants or other process issued in any cause pending under any law or ordi- nance of said city before any magistrate thereof. 8. APPOINTMENTS OF SPECIAL POLICEMEN.] The Mayor and City Council may on application being made to them, appoint any suitable person in the employ of any corporation, asso- ciation, individual or firm, a special policemen in, and for said city ; or they may, if deemed proper, appoint any person em- ployed in any other branch of the city service to be such special policeman. Special policemen shall have all the qual- ifications required in the case of regular policemen ; they shall take and subscribe the same oath, give like bond, exercise the same powers, and be subject to the rules and regulations of the police department, so far as the same are applicable to them ; Provided, however, that such special policemen shall not be paid anything by the city for their services as policemen. 9. RANK OF POLICEMEN.] The Mayor shall, at the time of ap- pointing policemen assign each a number ; and members shall rank according to number, one being highest, two next, and so on. The policeman present highest in rank shall in any case have command and be obeyed by subordinates in the ab- sence of orders from any member of the force still higher in rank. 10. CAUSES FOR REMOVAL.! The following offenses shall be deemed sufficient cause for removal of any member of the police force : 102 ORDINANCES. First Disobedience of orders. Second Drunkenness. Third HoHding familiar conversation on the streets with prostitutes, or Association with rowdies or gamblers. Fourth ViolWt, coarse, insolent, or abusive language to a superior officer, d^ to any citizen, resident, or stranger. Fifth- Using tha power vested in him, for the satisfaction of personal ill-wilier hatred against any other person. 11. RULES AND REGULATIONS.] The following rules and regulations for the general government of the police depart- ment of the city of Blo\niington are hereby adopted : First Every member Connected with the department shall devote his whole time and attention to the business of the de- partment, and shall not folljow any other calling. Second Although certain hours are allotted to each mem- ber for duty, yet all the numbers must be prepared to act at a moment's notice, whenever their services may be required, either on call by a superior officer, or on view of a violation, or threatened violation of any law of the State, or ordinance of the city. Third Punctual attendance and prompt obedience of orders will be required of every officer and policeman. Fourth No member of the department shall, while on duty, drink any intoxicating liquor, wine, or beer, or enter any dram-shop, billiard hall, gambling house, or house of ill-fame, except in discharge of his duty ; and intoxication at any time shall be sufficient cause for removal. Fifth Members of the department shall not accept from any person, while in Custody, or after he shall have been dis- charged, nor from any of his friends, any gratuity, gift or re- ward ; nor (without written permission from the Mayor) from any person, any compensation for damages sustained in the discharge of their duty. Sixth Members shall be civil and respectful to the public, and upon all occasions perform their duty with good temper and discretion, and shall not at any time, while on duty, make use of violent, intemperate or abusive language. Seventh No member shall be permitted to apply for a war- rant for an assault upon himself, without first reporting the case to the Mayor, and obtaining from him permission in writing to make such application. Eighth No member shall communicate to any person any information which may lead to the escape from arrest or pun- ishment of persons accused of crime, or enable them to dis- pose of, or secrete goods stolen or embezzled. POLICE DEPARTMENT. 103 Ninth No member shall communicate any information re- specting orders he may have received, or any regulation that may be made for the government of the department, except to such. persons as ordered by a superior in office. Tenth Each member shall always have with him a memo- randum book, in \vhichhe shall enter the names and residences of persons by him taken in charge, and also, all matters which will be important on the trial of any cause. Eleventh All officers and members of the department shall at all times, and on all occasions, when on duty, display their star, or emblem of office, so that the entire surface thereof may be easily and distinctly seen. Twelfth No member of the department shall leave the city without permission, in writing, from his superior officer, un- less in pursuit of offenders, fleeing from justice. Thirteenth All persons who shall be arrested during the time the police magistrates' courts shall be open, shall imme- ' diately be taken to such court, unless otherwise directed by either the Mayor or chief of the day or night police, and all persons who shall be arrested at any other time shall be immediately conveyed to the city calaboose. Fourteenth Any property stolen or embezzled, which shall be found in the possession of any person who may be arrested, shall be taken to one of the police magistrates' courts, or the city prison, as the case may be, with the person, unless other- wise ordered by the Mayor or chief of the day or night police. Fifteenth Any member who shall charge or receive any fee or compensation, other than his legal salary, or shall receive and accept any present or reward for services rendered, or to be rendered, unless with the knowledge and approbation of the Mayor, in writing expressed, shall be deemed guilty of a misdemeanor. thirteenth Policemen must report to their respective chiefs all suspicious persons and places, all bawdy houses and second- hand dealers, receiving shops, gaining houses, and all unli- censed dram-shops or tippling houses, and all houses where idlers, tipplers, gamblers, prostitutes, aiid other disorderly or suspicious persons may be in the habit of congregating. Sereiiff.e/ifli Policemen shall caution strangers and others, against going into places where idlers, tipplers, gamblers, and other disorderly or suspicious persons congregate, and against pickpockets, watch- stutters, and all other vicious persons. They shall also direct strangers, and others who may need such directions, the nearest and safest way to their places of 104 ORDINANCES. destination, and, if necessary, cause them to be accompanied to their destination by one of the police, but shall not, in any case, leave their beats for that purpose, but shall pass such person from, one beat to another. Eighteenth One member of the police shall at all times be at police headquarters, and whenever any person shall be ar- rested, it shall be the duty of the person making such arrest to cause the prisoner to be immediately taken to police head- quarters, and the officer on duty there, shall set down in a book to be kept for that purpose the name of the prisoner, the nature of the offense charged against him, the name of the complaining witness, together with the names of all the wit- nesses on behalf of the city, and their residence, if known; and take necessary measures to secure the attendance of such witnesses at the time of trial. If any police magistrate be at his office, the said prisoner shall at once be taken before *him, and if both parties be ready, a trial may at once be had; but either party may have a continuance for a reasonable time to procure the attendance of witness, without being required to make affidavit therefor ; and the prisoner shall enter into a recognizance, with security, to be approved by the magis- trate, for his appearance at the time of trial; and in defaul- of such recognizance, he shall be confined in the city calat boose until the time fixed for trial. Nineteenth All persons arrested in the night-time, or at other times when no police magistrates' courts shall be open, shall be taken to police headquarters, and a like record made as before provided ; and the prisoner shall be confined in the city calaboose until the next morning; or, if arrested on Sat- urday night, until Monday morning, when the prisoner may be taken before a police magistrate and a trial had, or the case continued, as above provided, in case of prisoners taken before a magistrate when arrested : Provided, That members of the police force on night duty, who have made the arrest, or are necessary witnesses, shall not be required to be in at- tendance at the police court before three o'clock p. m. Twentieth Every member of the day police force shall re- port at police headquarters for roll call and to receive orders at seven o'clock a. m., or at such time as the City Marshal shall direct; and those of the night force shall report for a like purpose at seven o'clock p. m., or at such other time as the City Marshal shall direct 12. POLICE UNIFORMS.] The following regulations for police officers' uniforms, are hereby adopted : POLICE DEPARTMENT. 105 First The full dress uniform for all members of the Bloom- ington city police for winter wear shall be of navy blue cloth, pure indigo dyed, and all wool. Second Dress coat for the Marshal and Captain of Mght Police shall be a double-breasted frock, buttoning close up un- der the chin, waist to extend to the top of the hip, and the skirt to within one inch of the bend of the knee, two rows of gold gilt police buttons on the breast, seven in each row, placed at equal distances apart ; distance between the rows to be five and one-half inches at the top and three and one-half inches at the bottom, rolling collar of blue black silk velvet, cuffs three and one-half inches deep, with three small gold gilt police buttons at the under seam ; one pocket on each inside breast, and one pocket in each skirt behind, one button at the hip ranging with the lowest breast button and one at the end of each pocket, making four on the back and skirt ; the body to be well wadded, and the body and skirt to be lined with black Italian cloth, and the sleeves with best light colored silesia. Third Coats for all other members of the force shall be the same, except that they shall be single breasted with one row of buttons on the breast, the collar of the same material as the coat, and the sleeves made without cuffs, and buttons on the under seam. Fourth The pantaloons shall be made for all members of the force alike, and plain, with one hip pocket in addition to the ordinary pockets. Fifth The vests shall be made alike for all members of the force, single breasted, buttoning high in the neck, with stand- ing collar and eight small buttons placed at equal distances. Sixth The overcoats for policemen shall be double breasted, buttoning close up under the chin, with turn over collar of same material as the coat, the waist to extend one inch below the top of hip, and the skirt to three inches below the bend of the knee, and all edges shall be swell and stitched one-fourth of an inch from the edge ; there shall be two rows of gold gilt police buttons on the breast, five in each row, placed at equal distances, rows to be five and one-half inches in distance from each other at the top, and three and one-half inches at the bottom, four buttons on the back and skirt to range same as on dress coat ; there shall be a buckskin lined pistol pocket on the inside left breast, an ordinary pocket on inside right breast, and one behind in each skirt ; the body to be well wadded, and the body and skirt to be lined with a light weight 106 ORDINANCES. cassiraere or its equivalent, and the sleeves lined with heavy light colored silesia of best quality. Seventh Overcoat of Marshal and Captain of Night Police the same, except the collar to be covered with blue black silk velvet. Eighth The summer uniform shall consist of blue flannel sack coat and pantaloons of the same material. The coat to be single-breasted, with short turnover collar, to button close to the chin, and to reach half way from the hip to the knee, with four buttons on the front ; no pockets to show outside. Pantaloons same style as uniform pants. Ninth Caps for winter shall be made of the same material as winter uniforms and worn by all members of the force alike except that the words "City Marshal" and "Captain of Night Police " respectively shall appear on front part of cap for those officers, and the appropriate number for each other member. Tenth Hats for summer wear shall be such as the City Council may from time to time designate. Eleventh Black neckties shall be worn by all members of the force. Twelfth All members of the police force, except the City Marshal and Captain of the Night Police shall, while on duty, wear their full uniforms. RAILROADS. 107 CHAPTER XVI. RAILROADS. DIVISION 1. GENERAL PROVISIONS. DIVISION 2. AN ORDINANCE GRANTING THE RIGHT-OF-WAY TO THE INDIANAPOLIS, BLOOMINGTON & WESTERN RAILWAY COMPANY. DIVISION 3. AN ORDINANCE GRANTING THE RIGHT-OF-WAY TO THE LAFAYETTE, BLOOMINGTON & MISSISSIPPI RAILWAY COMPANY. DIVISION 1. General Provisions. SECTION 1. Railroad companies to build and repair crossings, etc. 1. Neglect after notice penalty. 3. City may build crossings and recover cost-. 4. Failure to keep watchmen, etc. 5. Obstruction of street by railroad company. 6. Rate of speed on railroads. 7. Sounding whistle unnecessarily, etc. 8. Street cars where to stop. 9. Construction. SECTION 1. RAILROAD COMPANIES TO BUILD AND REPAIR CROSS- INGS, ETC.] All railroad companies whose tracks now, or may hereafter, enter or pass through the corporate limits of the city of Bloomington, shall respectively construct, repair, keep and maintain good, safe and sufficient culverts, crossings and bridges, with good and easy approaches thereto, on all public alleys, streets and highways, where their respective tracks pass under, across or over any alley, street or highway, within said city. 2. NEGLECT AFTER NOTICE PENALTY.] Whenever any crossing, culvert or bridge, shall be needed upon the line of any railroad, within the city, or shall need repairing, it shall be the duty of the Street Commissioner to give to such com- pany ten days' notice, in writing, of the work to be done, and the place where required, and any railroad company neglect- ing or refusing to construct or repair any crossing, culvert or bridge, after having received ten days' notice so to do, shall be 108 ORDINANCES. fined not less than five dollars nor more than fifty dollars, for each day of said neglect or refusal. 3. CITY MAY BUILD CROSSINGS AND RECOVER COST.] In case of the failure or refusal of any railroad company, to construct or repair any crossing, culvert or bridge, when duly notified by the city, or any authorized officer thereof so to do, the City Council may order such crossing, culvert or bridge to be con- structed, or repaired, as may be needed, at the expense of the city, and such company shall be liable to the city, in an action of debt, for the cost thereof. 4. FAILURE TO KEEP WATCHMEN, ETC.] Whenever any railroad company shall, in pursuance of a resolution of the City Council, be notified to keep lights at any point on its track crossed by public travel, or to keep a watchman or flagman at any such point, or to take any other measure or precaution which said Council may direct, as conducive to public safety or convenience, and such company shall fail or refuse to do as directed, it shall be fined twenty-five dollars, and each day of failure or refusal to comply, shall be deemed a separate offense. 5. OBSTRUCTION OF STREET BY RAILROAD COMPANY.] No railroad company shall obstruct any street, alley, sidewalk, crossing, or other thoroughfare of said city by leaving there- on any rolling stock for a longer time than ten consecutive minutes, under a penalty of twenty-five dollars ; and a further penalty of ten dollars for each succeeding ten minutes that the obstruction is suffered continuously to remain after the first penalty is incurred : Provided, that when any such street, alley, sidewalk, crosing or thoroughfare has been so obstruct- ed for five minutes or more it shall then be kept clear by such railroad company a sufficient time to allow all persons to pass, who may be waiting, and for any violation of this pro- viso the company offending shall be fined twenty-five dollars ; and, Provided further, that where such obstruction is the result of some unavoidable accident, disaster or emergency beyond the control of such company or its agents, this section shall not apply. 6. RATE OF SPEED ON RAILROADS.] No person or company shall run any locomotive or car at a greater rate of speed than six miles per hour within said city under a penalty of twenty- five dollars for each offense : Provided, that this section shall not apply to those portions of the Illinois Central railroad north of Empire street and south of Clay street, nor to those portions of the Indianapolis, Bloomington & Western rail- road east of Gridley street and west of the Chicago & Alton railroad, nor to those portions of the Chicago & Alton RAILROADS. 109 railroad north of Seminary avenue and south of "Washington street, nor to that portion of the Lafayette, Bloomington & Mississippi railroad east of Gridley street. 7. SOUNDING WHISTLE UNNECESSARILY, ETC.] No railroad company shall cause or allow the whistle of any locomotive engine, belonging to such company or under its control, to be sounded within the limits of said city, with the exception of nec- essary station and brake signals, and such signals as may be absolutely necessary to prevent injury to persons or property, and in such cases only with the limitation that such whistle shall not be sounded more than five seconds at one time, nor with more than necessary loudness, and every violation of this section shall subject the railroad company oifending to a pen- alty of twenty-five dollars. 8. STREET CARS WHERE TO STOP.] All street cars run- ning upon Main street within said city, when stopping for the accommodation of passengers at any cross street south of Market shall, if going south, stop with the rear platform at the south crossing of such cross street ; and if going north, with the rear platform at the north crossing of such cross street. For every violation of this section by any driver or employe of said street railway company said company shall be fined five dollars for each offense. 9. CONSTRUCTION.] Nothing in this division contained shall be construed to conflict with or repeal any provision of either of the following ordinances, to-wit: An ordinance of the city of Bloomington granting the right of way to the In- dianapolis, Bloomington & Western railroad company. Ap- proved October 8th,, 1869. An ordinance granting the right of way to the Lafayette, Bloomington & Mississippi railway company. Approved No- vember 17th, 1871. 110 ORDINANCES. DIVISION 2. An Ordinance Granting the right-of-way to the Indian- apolis, Bloomington Sf Western Railway Company.* SECTION 1. Right-of-way route conditions, etc. " 2. Violation of condition penalty. " 3. Violation of condition five forfeiture. " 4. Assent of company, what presumed. " 5. When in force. SECTION 1. RIGHT-OF-WAY ROUTE CONDITIONS, ETC.] Be it ordained by the City Council of the city of Bloomington : That in con- sideration of the agreements and stipulations herein after con- tained, to be kept and performed by the Indianapolis, Bloom- ington & Western Railway Company, the said company is hereby granted the right-of-way for its road over and along and across the streets and alleys of said city, and is hereby authorized to use a reasonable portion of the streets and alleys of said city for its road, upon the following route, to-wit : Entering the city on the west line thereof, and cross- ing the Chicago & Alton Railroad between Front and Wash- ington streets, running thence in an east and south-easterly direction, crossing Front street between Orchard Lane and Morris Avenue ; thence across Main street between Mayer's mill and the old furniture factory ; thence in a south-easterly direction to the city limits ; but shall not enter any of the Cemetery grounds unless said City Council shall pass an ordinance specially permitting said company so to do. Pro- vided, however, and said right-of-way is hereby granted to said railroad company upon the following specific conditions, to-wit : First Said railroad company shall, at all times, during the construction of its road over, across, or along any of the streets and alleys of said city, protect the public against ac- cidents in the night time by lighting the streets and alleys on which it, its servants, agents or contractors are at work, or by otherwise, protecting persons on foot and teams from falling into excavations or suffering injury from other causes, by reason of the construction of said road ; and shall in all cases be liable to private parties for damages resulting to them by * This ordinance, as also the one contained in the succeeding di- vision, although special in their nature, have beeen thought of sufficient importance to be printed. They are taken from the records of the city without change, other than the prefixing of titles to the sections. RAILROADS. Ill reason of the negligence of said company, its agents, servants or any person or persons having in charge, by contract or otherwise, the construction of said road through, across, and along any of the streets, alleys, ditches, sewers or culverts of said city. Second Said railroad company shall construct, and at all times keep in good repair and unobstructed suitable crossings, of the full width of each street and of easy grade, at the in- tersection of its road with each and every street now open, or which may hereafter be opened in said city, and suitable crossings of easy grade at the intersection of its road with every alley, ditch, sewer, and culvert, and shall at all times keep every street and alley in and along which its road shall be constructed, in good repair for the use of carriages and teams ; and shall construct and maintain sidewalks on both sides of every street now open, or which may hereafter be opened in said city, across the entire width of its right-of-way at the intersections of its road with all such streets, and across all land owned by it which abuts on any street, whenever ordered by the City Council, to lay any of the sidewalks re- spectively. Third Said railroad company shall, as soon as it shall begin to run its cars within the limits of this city, at all times in the night, keep the intersections of its road with every street well lighted, and shall in like manner light the inter- sections of its road with any and all alleys, when ordered so to do by the said City Council. Fourth Said railroad company shall have a bell of at least thirty pounds weight on each locomotive engine, which shall be rung at all times when the engine on which it is shall be in motion on its said road within the limits of this city. Fifth Said railroad company shall construct, and at all times, maintain within seventy rods of the place where its road shall cross Main street, in said city, suitable and suffi- cient freight and passenger depots for the transaction of its local business with the city of Bloomington. Sixth Said railroad company, its agents, and servants shall, at all times, be subject to all general police ordinances and regulations now existing, and which may hereafter be adopted by the City Council of this city, relative to railroads and railroad companies, their agents and servants constructing and operating the same within the limits of this city. 2. VIOLATION OF CONDITION PENALTY.] A failure by said railroad company, its servants, agents or contractors, or any of them, to comply substantially and in good faith with each and 112 ORDINANCES. every of the conditions named in any of the foregoing six specific enumerations of conditions, except the fifth of said enumerations, shall subject said company, for each and every of such failures or violations, to a penalty of not exceeding one hundred dollars, which fine may be recovered before any police magistrate of said city, by proceeding in the nature of an action of debt, or as fines are, or may hereafter be, collected by said city, for the violation of its ordinances. 3. ' VIOLATION OF CONDITION FIVE FORFEITURE.] A fail- ure by said railroad company, its agents or servants, to com- ply with the fifth enumeration of conditions, in the first sec- tion of this ordinance, shall work a forfeiture of all rights ac- quired by said railroad company under, and by virtue of this ordinance, for the right-of-way, as hereinbefore granted. 4. ASSENT OF COMPANY WHAT PRESUMED.] Said railroad company, by entering upon, and taking possession ot any of the streets or alleys, or any part thereof, along said route, for the purpose of preparing a road-bed for its said road over, across or along said streets or alleys, thereby agrees to be bound by the foregoing ordinance, and each and every of the conditions and stipulations therein contained. 5. WHEN IN FORCE.] This ordinance shall be in force as soon as published. Approved, October 8th, 1869. J. W. COMPTON, JOHN M. STLLWELL, CITY CLERK. MAYOR. DIVISION 3. An Ordinance granting the right-of-way to the Lafayette, Bloomington and Mississippi Railway Company. SECTION 1. Right-of-way route conditions, etc. 2. Company to construct and repair crossings and sidewalks. 3. Company to keep crossings lighted, etc. 4. Locomotive bells gates flagmen. " 5. Company to be subject to ordinances, etc. 6. Violations penalty. 7. Assent what presumed. 8. When ordinance in force. SECTION 1. KIGHT-OF-WAY ROUTE CONDITIONS, ETC.] Be it ordained by the City Council of the city of Bloomington : That in consideration of the agreements and stipulations hereinafter contained, to be kept and performed on the part of the La- fayette, Bloomington and Mississippi Railway Company, the said colnpany is hereby granted the right-of-way for its road over and along and across the streets and alleys of said city, RAILROADS. 113 for its road, upon the following route, to-wit : Entering the city limits east of the Cemetery and east of the line of the L, B. & W. R. W. ; thence along the line of such railway, across Lincoln street and all other streets and alleys, up to and across Center street, in said city, along the line of the I., B & W. R. W. as near as practicable : Provided, however, That the said right-of-way is hereby granted to the said company upon the conditions following, to-wit : First, said railway company shall, at all times during the construction of its road over, across or along any of the streets and alleys, of said city, pro- tect the public against accident in the night time, by lighting or other suitable notices at the streets and alleys on which they, their servants, agents or contractors are at work, or by other- wise protecting persons on foot and teams from falling into excavations or suffering injury from other causes by reason of the construction of said road, and shall, in all cases, be liable to private parties for damages resulting to them by reason of negligence of said company, its agents or servants, or any person or persons having in charge by contract or otherwise, the construction of said road through, across, and along any of the streets, alleys, ditches, sewers or culverts of said city. 2. COMPANY TO CONSTRUCT AND REPAIR CROSSINGS AND SIDEWALKS.] Said company shall construct and at all times keep in good repair and unobstructed, suitable crossings of the full width of each street, and of easy grade, at the intersec- tion of its road with each and every street now open or that may hereafter be opened, in said city, and suitable crossings of easy grade at the intersection of its road with alleys, ditches, sewers and culverts, and shall at all times keep every street and alley in and along which its road shall be con- structed, in good repair for the use of carriages, and shall construct and maintain sidewalks on both sides of every street now open, or which may hereafter be opened, in said city, across the entire width of its right-of-way. At the intersec- tion of its road with all such streets, and across all lands owned by it which abut on any street, whenever ordered by the City Council to lay any of said sidewalks respectively. Everything required to be done by this section of this ordi- nance, on the part of said railroad company, shall be done to the satisfaction of said City Council, as they may from time to time direct. 3. COMPANY TO KEEP CROSSINGS LIGHTED, ETC.] Said com- pany shall, as soon as it shall begin to run its cars, within the limits of the city, at all times in the night, keep the intersec- tion of its road with every street well lighted, and shall in like 15 114 ORDINANCES. manner light the intersection of its road with all alleys when ordered to do so by the said City Council. 4. LOCOMOTIVE BELLS GATES FLAGMEN.] Said company shall have a bell of at least thirty pounds weight, on each locomotive engine, which shall be rung at all times when the engine on which it is shall be in motion on its said road with- in the limits of this city. Said railroad company shall also be required at each intersection of its road with the streets of this city, to erect a gate over its said road, which gate shall be kept closed at all times except when opened for the pur- pose of allowing trains, locomotives and cars to pass, or said company shall station a flagman at each intersection aforesaid, whose duty it shall be to warn passers-by of approaching trains, locomotives and cars, or either or both, as the City Council may from time to time direct. 5. COMPANY TO BE SUBJECT TO ORDINANCES, ETC.] Said company, its agents and servants, shall at all times be subject to all general police ordinances and regulations now existing or which may be adopted by the City Council under and by virtue of their power and authority to pass police ordinances for the government and control of railroads, their agents and servants, within the limits of this city. 6. VIOLATIONS PENALTY.] A failure by said company or its agents or servants to comply with any of the foregoing provisions, shall subject said company to a penalty of not ex- ceeding one hundred dollars for each and every offense, which may be recovered as prescribed by an ordinance of said City Council. 7. ASSENT WHAT PRESUMED.] Said railroad company, by entering upon and taking possession of any of the streets and alleys, or any part thereof, along said route, for the pur- pose, of preparing a road-bed for its said road over, across or along said streets or alleys, thereby agrees to be bound by this ordinance, and each and every of the conditions and stipula- tions herein contained. 8. WHEN ORDINANCE IN FORCE.] This ordinance shall be in force from and after its publication. Approved November 17, A. D. 1871. ATTEST: B. F. FUNK, WM. B. LAWRENCE MAYOR. CITY CLERK. REVENUE. 115 CHAPTER XVII. REVENUE. SECTION 1. Finance Committee to present estimates to Council. 2. Council to certify amounts to County Clerk. ' 3. Manner of extending taxes Collector's duties. ' 4. Delinquent taxes to be returned to County Collector his duties. 5. Examination of Collector's books settlement. ' 6. Moneys due city to be paid to Treasurer. SECTION 1. FINANCE COMMITTEE TO PRESENT ESTIMATES TO COUNCIL.] The finance committee of the City Council of the city of Bloomington, shall at, or before the second regu- lar meeting, held in the month of July of each year, present to the City Council separate estimates of the probable ex- penditures of the city, during the next succeeding fiscal year, for the following purposes, to-wit : First To defray contingent and other expenses of the city not otherwise provided for. Second To defray the police expenses of the city. Third To defray the expenses of lighting the streets of the city. Fourth To defray the expenses of cleaning and repairing the streets and alleys of the city. Fifth To pay the interest on all debts bonded or other- wise owing by the city. Said committee shall at the same time present an estimate of the probable receipts of the city during such year, from fines, special assessments, licenses and other sources, and also inform the Council of the total assessed valuation of the property of the city, as shown by the Assessor's books, what per cent, of taxes is likely to prove delinquent, and also give such further information as may enable said Council to de- termine the several amounts to be raised by taxation for such year. 2. COUNCIL TO CERTIFY AMOUNTS TO COUNTY CLERK.] The City Council shall act upon the estimates so presented by the fiinance committee, and determine the amount to be raised by taxation for each specific purpose estimated, not in any case exceeding the maximum rate per cent, upon the taxable property of the city, which is fixed and established by the city charter ; and on, or before the second Tuesday in August, after the presenting of said estimates, said Council shall cause the amounts so determined upon by them, to be certified to 116 ORDINANCES. the County Clerk of McLean county, to be by said Clerk ex- tended upon the tax books as provided by law ; and if any other than the regular town assessors shall have been ap- pointed as the assessors of said city, said Council shall re- quire said Clerk to extend the taxes of the city upon a sepa- rate book or books, and not upon those of the regular town collectors. 3. MANNER OF EXTENDING TAXES COLLECTOR'S DUTIES.] The said County Clerk shall make out and extend upon the book or books as directed, each person's tax computed ac- cording to the rate per cent the amount to be raised is of the whole assessed value of the property of the city. 4. DELINQUENT TAXES TO BE RETURNED TO COUNTY COL- LECTOR HIS DUTIES.] Delinquent city taxes, and assessments, shall be returned to the County Collector of McLean county, to be by him collected, as provided by law in the case of de- linquent State and county taxes, and he shall proceed to collect the same, and to procure judgments against delinquent lands and lots, and to sell the same for delinquent city taxes and assessments at the same time, and in the same manner, as is by the statutes of the State of Illinois provided in the case of State, county and other taxes ; and said County Collector shall, from time to time, when requested by the finance com- mittee of the City Council, make statements of the several amounts of city taxes collected by him, or being delinquent in his hands, and he shall pay over to the City Treasurer, when required, all moneys in his hands belonging to the city. 5. EXAMINATION OF COLLECTOR'S BOOKS SETTLEMENT.] It shall be the duty of the finance committee of the City Council, and the City Treasurer, annually, to make an examination of the books, accounts and vouchers of the City and County Collectors, and make a settlement with each of them, for all city taxes and assessments collected by them respectively, which settlements shall be made subject to the approval of the City Council ; and said County Collector shall, on or be- fore the fifteenth day of July, in each year, make to the City Council a like statement, to that required of the City Col- lector respecting delinquent^city taxes and assessments. 6. MONEYS DUE CITY TO BE PAID TO TREASURER.] No pay- ment of any license fee, water rent, or other sum due the city, excepting judgments, court costs and taxes, shall be taken to be lawfully made, or to be binding upon the city, unless made to the City Treasurer, in person, or to some person authorized by said Treasurer to receive the same, and for whose acts said Treasurer is responsible; and whoever shall, without due SUPPLIES AND CLAIMS. 117 authority from said Treasurer, or from the City Council, col- lect or receive any moneys due said city, whether an officer of said city or not, shall be fined not exceeding one hundred dollars, for each offense. CHAPTER XVIII. SPECIAL ASSESSMENTS. [This ordinance is republished from the city records without change.] SECTION 1. Article nine of general law adopted.] Be it ordained by the City Council of the city of Bloomington, That article nine of an act of the Legislature of the State of Illi- nois, entitled "An act to provide for the incorporation of cities and villages," approved April 10th, A. D. 1872, be and the same is hereby adopted by the city of Bloomington. Approved July 5th, 1872. B. F. FUNK. ATTEST ; MAYOR. WM. B. LAWRENCE, CITY CLERK. CHAPTER XIX. SUPPLIES AND CLAIMS. SECTION I. Time contracts duration, etc. 2. Requisition when made. " 3. Who to purchase order and bill. " 4. Claim for goods not ordered not to be allowed. " 5. Bill what to contain certificate. SECTION 1. TIME CONTRACTS DURATION, ETC.] All sup- plies or materials for the city of Bloomington shall, when practicable, be purchased under time contracts, the same to be let upon advertisement to the lowest and best bidder, as the City Council may determine. No time contract to furnish any supplies or materials excepting gas shall cover a longer period than one year. 2. REQUISITION WHEN MADE.] Any officer or person having charge of any department of the city government shall, whenever any supplies or materials are needed in his depart- ment, for the furnishing of which the city does not hold a 118 ORDINANCES. time contract, make out and present to the City Council in session, a written requisition setting forth the article or ar- ticles needed, and the price thereof, if known. 3. WHO TO PURCHASE ORDER AND BILL.] The Council shall, at the time of ordering the purchase of any supplies, designate who is authorized to make the purchase ; and every officer or person ordering any article from a distance for the city, shall file with the City Clerk a copy of the order sent by him, and also the bill of the article so ordered, as soon as the same is received. 4. CLAIM FOR GOODS NOT ORDERED NOT TO BE ALLOWED.] No account or claim for any article furnished to the city shall be allowed unless such article was ordered to be purchased by the Council, or unless the purchase thereof was the result of an emergency which could not reasonably have been foreseen in time to present a requsition to the Council. 5. BILL WHAT TO CONTAIN CERTIFICATE.] Every bill presented to the City Council for allowance shall contain an itemized statement of the articles for which payment is sought, and shall be certified to by the officer under whom the liabil- ity was incurred ; and all orders for the payment of foreign claims or accounts shall be issued to the finance committee of the City Council, whose duty it shall be to transmit the same or the proceeds thereof to the respective persons to whom such payments may be due. CHAPTER XX. WARDS. SECTION 1. Division of city into wards. SECTION 1. DIVISION OF CITY INTO WARDS.] The city of Bloomington shall be divided into six wards, as follows : First Ward shall include all that part of the city lying north of Front street, east of Main street, and south of Chest- nut street. Second Ward shall include all that part of the city lying north of Front street, west of Main street, and south of Chestnut street. WATER SUPPLY. 119 Third Ward shall include all that part of the city lying south of Front street and west of Main street. Fourth Ward shall include all that part of the city lying south of Front street and east of Main street. Fifth Ward shall include all that part of the city lying north of Chestnut street and west of Lee street. Sixth Ward shall include all that part of the city lying north of Chestnut street and East of Lee street. CHAPTER XXI. WATEB SUPPLY. Water board. Constitution of water bond clerk. Meetings president^compensation. Superintendent, appointment and bond. Duties of superintendent. Clerk's duties records. Plat of water mains, etc. Report of water bond. Right of Council to control. Taking water from public bydrant, etc. penalty. Other offenses penalty. Rules and regulations for the introduction of water. Rules and regulations for the government of plumbers. Manner of collecting rents. Rates of water rent. Assessment of water rent, etc. SECTION 1. WATER BOARD.] The water-works of said city shall be placed under the control and management of a Water Board, with power to do all such acts as may be necessary for the prudent and efficient management and protection of said works, not inconsistent with the ordinances of said city, and the rules and regulations established, or which may hereafter be established by the City Council of said city, in relation to said works. 2. CONSTITUTION OF WATER BOARD CLERK.] The said Water Board shall be composed of three members of the City Council. On the taking effect of this ordinance, it shall be the duty of the Mayor to appoint three members of the City Council to serve on said Board until the first regular meeting of the City Council after the next annual municipal election, at which meeting, and annually thereafter, the Mayor shall, in like manner, appoint three of its members to serve on said Water Board for the ensuing year, and until their successors 120 ORDINANCES. shall have been appointed. The City Clerk shall be the clerk of said Board, whose meetings it shall be his duty to attend, and keep a full and complete record of the proceedings of said Board, and to do and perform such other acts as the Board may require. 3. MEETINGS PRESIDENT COMPENSATION.] It shall be the duty of said Water Board to meet in regular session on the first Tuesday evening of each month, for the transaction of business, and may hold adjourned meetings as often as may be necessary to dispose of the business before them. At the first regular meeting of the Bbard, and at its first regular meeting after each annual election, it shall select from its members a President, who shall serve as such until his suc- cessor shall have been selected. In the absence of the Presi- dent, any other member of the Board may act as President for the time being. Any member of the Board may call a special meeting at any time when an emergency may require it. Whenever the President or any other member of the Board shall deem it expedient to call a special session of the Board, he shall notify the clerk thereof, whose duty it shall be immediately to notify the remaining members of such meet- ing. All meetings of the Board shall be held at the council chamber, unless otherwise ordered by the Board. Vacancies in said Board may be filled by the Mayor until the next an- nual appointment of its members. The members of said Board may be paid such compensation for their sendees as the City Council shall deem proper. 4. SUPERINTENDENT APPOINTMENT AND BOND.] A Super- intendent of the Water Works shall be appointed as provided by law, who shall take the oath required of city officers in the manner prescribed by law. Such Superintendent shall, before entering upon the duties of his office, execute a bond to said city, in the penalty of two thousand dollars, with surety to be approved by the City Council, conditional for the faithful per- formance of the duties of his office, and to save and keep harmless said city from all damages, costs and expenses arising from any negligence, carelessness or want of skill in exer- cising the functions, or performing the duties of his office. 5. DUTIES OF SUPERINTENDENT.] The Superintendent shall, under the direction and supervision of the Water Board, have the control and management of the Water Works of said city. He shall keep his office at the City Clerk's office, and shall, with the advice and consent of the Water Board, appoint such aisistants as the Board may deem necessary. The compensation of such assistants to be determined by the WATER SUPPLY. 121 City Council. The Superintendent, by himself or assistants, shall remain at his office during reasonable hours, and main- tain a vigilant and continual oversight over the machinery, stand-pipe and fixtures connected with the Water Works, He shall exercise a watchful care over the distributing water pipes, valves, hydrants, and all other fixtures connected with the system of water distribution and water supply of said works, and be at all times in readiness to promptly repair any damage to the same. He shall keep at his office a full and complete record of all permits issued for taking water from the distributing mains or pipes, together with such other books or records as the Water Board may require. Such Superin- tendent shall, in addition, perform such other duties as in this ordinance may be required, or as may be required by the Wa- ter Board or City Council. 6. CLERK'S DUTIES RECORDS.] The clerk of the Water Board shall, under its direction, cause a record book to be made, in which to record the proceedings of the board, and such other record books as may be deemed necessary, includ- ing a tap record, an assessment record, and all other books and blanks for a full and complete account of all the trans- actions of the Board in connection with said Water Works. 7. PLAT or WATER MAINS, ETC.] The Water Board shall cause to be prepared a fall and complete plat or chart, show- ing the location of all the distributing pipes or mains belong- ing to the system of Water Works, together with the location of all valves, fire hydrants and fireplugs connected therewith. 8. REPORT OF WATER BOARD.] The Water Board shall an- nually, before the last regular meeting of the City Council, previous to each annual municipal election, and at such other times as the City Council may direct, report to the City Coun- cil the operations of said Water Board, which reports shall show the true condition of the works, the additions and im- provements made thereto during the year, and the number of permits issued to water takers ; also a detailed account of the receipts and expenditures on account of the Water Works, in- cluding water rents collected, and the amount of rents de- linquent, and such other information and suggestions as the Council may direct, and in their first annual report, such board shall embrace a detailed statement of the entire cost of said works, as near as they can ascertain the same. 9. RIGHT or COUNCIL TO CONTROL.] The City Council re- serves the right to control and direct the said Water Board, and said Superintendent, as to their duties, by resolution, whenever in its opinion the interest of the city may require 16 122 ORDINANCES. it, anything in this ordinance contained to the contrary not- withstanding. 10. TAKING WATER FROM PUBLIC HYDRANT, ETC.] No person, unless authorized by the Water Board, the Superin- tendent, or by the City Council, shall, except in time of fire, take water from any public fire plug, or hydrant, or remove the cover from the same, or place or deposit any earth or other material in any such fire plug, or hydrant, or in the box or appendage thereto, on turn any private or public stop- cock, or commit any act tending to obstruct the use thereof, or injure in any manner any building, machinery, pipe, appa- ratus, or fixture of the city Water Works ; and when fire hydrants or plugs are placed on public or private grounds by companies or individuals, the use of the same, except in case of fire, is prohibited. Whoever shall violate any provision of this section, shall be fined, not less than one dollar, nor more than one hundred dollars, for each ofiense. 11. OTHER OFFENCES PENALTY.] No person shall take any water from any public or private hydrant, plug, street- washer, draw-cock, hose, pipe, fountain, cistern, street reser- voir, or fountain basin, which shall have been filled in whole or in part from the city Water Works, except by permission from the Water Board or Superintendent; nor shall in any way use or take any water for private use which is furnished by the city Water Works, unless such person, company or corporation, shall first pay for the same and receive the usual permit from the Superintendent so to do. Whoever shall vio- late any provision of this section, shall be fined not less than one dollar nor more than one hundred dollars. 12. RULES AND REGULATIONS FOR THE INTRODUCTION OF WATER.] The following rules and regulations for the intro- duction and management of service pipes, and the supply of water from the city Water Works, are hereby established. First No person, company or corporation, shall be per- mitted to tap or make any connection with the distributing pipes of the Water Works of the city of Bloomington, unless duly authorized by the Water Board. Second Applications for a permit to connect service or sup- ply pipes with the distributing mains, must be made to the Superintendent, who shall ascertain the cost of the ferrule desired, and upon receiving payment therefor he shall deliver to the applicant the said ferrule and issue the desired permit to any licensed plumber designated by the applicant. The Superintendent shall keep a record of all permits issued and WATER SUPPLY. 123 the amounts received therefor, and shall pay all money so re- ceived to the City Treasurer, and make such report as the Water Board may direct. The prices for ferrules shall be established by the Water Board. The clerk shall tile the Treasurer's receipt and charge him with the sum paid. Third It shall be the duty of the Water Board to make all purchases of ferrules, or other materials or supplies necessary for use in the management of the Water Works, under such rules and regulations as the City Council shall determine, and all accounts for such purchases shall be audited by the Board before being presented to the City Council for payment. The Water Board shall cause an accurate account to be kept of all purchases made or expenses incurred on account of the works. And the Superintendent shall account to the Water Board for all supplies procured for the use of his office. Fourth The material used for service pipe must conform to the standard given in the rules governing plumbers. Fifth Service pipe intended to supply two or more distinct premises or tenements, must be provided with separate and distinct stop-cocks for each tenement on the outside of the same ; or when only one stop-cock is used, the person or per- sons controlling the same must pay the water rent of all par- ties who are thus supplied, as separate water rates will not be made. Sixth Persons taking water must keep their service pipes connecting with mains or supply pipes, and all fixtures con- nected therewith in good repair, and protected from frost, at their own expense, and must prevent all unnecessary waste of water. Seventh ~No addition to, or alteration whatever of any tap, pipe, water-cock or other fixtures, shall be made, or caused to be made, by any persons taking water, except through a duly licensed plumber, and a permit first obtained from the Superin- tendent, as provided in rule second. Eighth Hydrants, taps, hose, water-closets, urinals, baths or other fixtures, will not be permitted to be kept running when not in use. Ninth Applications for water must state fully all purposes for which it is required. Parties must answer without con- cealment all questions put to them by the Water Board, or Su- perintendent, relating to its consumption. Tenth Water takers will not be allowed to supply others except by special permit from the Superintendent or Water 124 ORDINANCES. Board. If found doing so without permit, the supply will be stopped and the water rent paid forfeited. Eleventh Fountains shall not be used longer than six hours per day, and not earlier than six o'clock a. ra. nor after nine o'clock p. ra. during the summer season, unless specially per- mitted and on additional payment ; and the right is reserved to suspend their use whenever the public exigency may re- quire it. Fountains and private hose shall not be used in time of fire, except the use of the hose for protection from fire. All persons using fountains are required to immediately shut oft* the water upon an alarm of fire. Any violation of the pro- visions of this rule shall subject the oftender to a penalty of not less than one dollar nor more than fifty dollars. Twelfth Sprinkling streets, sidewalks and lots is restricted to two hours per day, to-wit : between the hours of five o'clock a. m. and nine o'clock p. m. unless by special contract with the Water Board. Any person violating this rule shall forfeit and pay as a penalty any sum not less than one dollar nor more than fifty dollars. Thirteenth In sprinkling streets and sidewalks, each water taker shall confine himself to the front of his premises, and one-half the width of the street in front thereof unless a special contract is made to use more water. Hose larger than three- fourths of an inch will not be permitted for such purposes, ex- cept by a special contract. Sprinkling without nozzle, or with an opening greater than one-fourth of an inch, is strictly forbid- den. Any violation of this rule shall subject the oftender to a penalty of not less than one dollar nor more than fifty dol- lars. Fourteenth The regular water rent for street, sidewalk and lot sprinkling will ba based upon such use only for dust lay- ing or sprinkling purposes fairly applied, and any excessive or unreasonable use of water is prohibited. Any violation of this rule shall subject the oftender to the same penalties as prescribed in rule thirteen. fifteenth If a street waaner or hose is found out of order, leaking, or converted into a jet or jets, or suffered to run when not used by a person engaged in sprinkling, the supply will be cut oft' without previous notice. Sixteenth No lease of water will be made for a shorter period than one year, and the fraction of the year (if any) preceding the first quarter of water rents falling due. This rule, how- ever, shall not appl}' to special cases, where water may be re- quired for an indefinite period. In the latter case the Water Board shall regulate the manner of taking water. WATER SUPPLY 125 Seventeenth All water rents, except as herein otherwise pro- vided, shall become due, in advance, on the first days of June, September, December and March of each year. The frac- tional water rents from the time of letting on of water to the falling due of the next quarterly payment of rents, shall be assessed with those then falling due and collected therewith. Special rates and assessments shall be assessed and collected by bills, or otherwise, as the Water Board shall direct. All water rents shall be collected by the City Treasurer. Eighteenth If any person, company, or corporation shall neglect or refuse to pay his, her, or their water rents when due, or permit any use of water not authorized by this ordi- nance, or suffer any waste in water supplied from the City Water Works, the Water Board may, in addition to the other penalties herein provided, cause the water to be immediately turned off, and the same shall not be turned on again until all back rents, penalties and damages shall be paid, and the further sum of one dollar for turning off' and on water. Nineteenth In cases where the water has been turned off, as provided in rule eighteenth, or for any other cause in this or- dinance prescribed, and the water is found on again, or when, in the opinion of the Water Board, the turning off of the water on the stop-cock is not a sufficient protection against a further use of the water, it shall be lawful for the Water Board to cause the ferrule to be drawn. Upon a re-applica- tion for the water, when the ferrule has been drawn, an addi- tional charge corresponding with the price fixed in rule two, for inserting the ferrule shall be made. Twentieth In all cases where there is a cistern on or near the line of two separate premises, so situated that it can be filled from a hydrant, hose or pipe connected with the Water Works, and liable to be used by the occupants of both, the water shall not be allowed to either unless the water rent for both premises is paid, or the party who may wish the water turned on shall fasten a permanent cover on such cistern, so as 'to satisfy the officers of the works that such cistern will not be filled from water of the City Water Works. Twenty-jurat The W T ater Board is authorized to apply meters to any service pipe as it may deem advisable. Twenty-second The members of the Water Board, and the Superintendent of Water Works, or his assistants, shall have free access, at all reasonable hours of the day, to all parts of the premises to which water is supplied, to make necessary examinations. |26 ORDINANCES. Twenty-third The consequence of the violation of the pre- ceding rules will be, in the discretion of the Water Board, or the Superintendent, the stoppage of the supply of water with- out any preliminary notice ; and it will not be restored except upon the payment of all arrearages and damages, and upon a satisfactory understanding with the party offending, that no future cause of complaint shall arise. Twenty-fourth 1\\ all cases when any servant, apprentice or minor shall be guilty of any breach of the preceding rules and regulations, the master, mistress, employer, parent or guardian of such guilty person shall be responsible for and subject to prosecution for such violation, and liable to the city for all damages occasioned thereby. In addition, the person so offending shall be liable to the penalty for the offense, if any penalty there be. Twenty-fifth Any orders or rulings of any of the officers connected with the Water Works, in relation to the foregoing rules and regulations, may be modified or rescinded by the full Water Board, and the orders or rulings of the Water Board may be modified or rescinded by resolution of the City Council. 13. RULES AND REGULATIONS FOR THE GOVERNMENT OF PLUMBERS.] Plumbers for the city Water Works shall be gov- erned by the following rules and regulations : ' First No person or firm shall make any connection or at- tachment with the pipes of the Water Works of the city, nor rnuke any repairs, additions to, or alterations of any tap, pipe, C"ck, or other fixtures connected with said service water pipes, unless aa a plumber or plumbers, duly licensed as here- in required. <>nd Any individual or firm, wishing to do business as plumbers, connected with the Water Works, shall, before re- ceiving any permit to do so, file his or their petition with the clerk of the Water Board, stating his or their place of busi- ness, and asking to be licensed as a plumber or plumbers in connection with the city Water Works, stating his or their willingness and consent to be governed by the ordinances, by- laws and rules and regulations of the City Council, in relation to said works, which petition shall be presented to the Water Board by its clerk, and if the Board shall be satisfied that the party or parties making such application are qualified to be licensed, the Board shall grant the prayer of said petition, and shall order its clerk to issue to such person or persons a for- mal license under his hand and the city seal, constituting such person or persons a plumber or plumbers of the Water Works WATER SUPPLY. of said city, but before receiving such license, the applicant or applicants shall execute his or their bond to said city, with surety to be approved by the Water Board of said city, in the penalty of two thousand dollars, conditioned for the due per- formance of his or their duties as such plumber or plumbers, and save and keep harmless said city from all damages arising from the negligence of himself or themselves, or his or their servants and employes, or for any carelessness or unskillful- ness in the exercise of his or their business as plumber or plumbers for such Water Works. Suchliceuses to run for one year, unless sooner revoked by said City Council. Every plumber, so licensed, shall be subject to, and conform to all the ordinances, rules, regulations and penalties which now exist, or which may hereafter be parsed by said City Council in relation to said Water Works. The fee for such license shall be one dollar. Third Any plumber leaving the city, at the same time dis- continuing his business here, shall forfeit his license. Fourth Every attachment or connection with the pipes of the Water Works shall be made in the presence of the Super- intendent or his agent, and to his satisfaction, at the expense of the applicant, for which a permit shall have been previous- ly obtained in accordance with rule number two, in section number twelve, of this ordinance. Fifth No plumber shall be permitted to enter pipe or con- duct water into any two distinct premises or tenements, unless separate and distinct stop-cocks shall be placed on the outside of such premises on the sidewalk or in the public alley oppo- site the same, in addition to the main stop-cock on the side- walk, opposite the ferrule, as the Superintendent may direct ; unless the person or persons controlling the main stop-cock pays all water rents for the premises thus supplied. Sixth -All connections shall be provided with a good and sufficient casing of iron or wood pipe, in the discretion of the Superintendent. The cover of the casing shall be of cast iron, with the letter "W" cast thereon. The same to be placed in the sidewalk near the curb, so that the latter may be seen from the sidewalk. The separate stop-cock casing covers for several tenements to be of cast iron and marked with " W." Every service pipe must be provided with a stop and waste, so situated that the water can be conveniently shut off and drained from the pipe, to prevent freezing. Seventh All stop-cocks used for service pipes of one inch water-way or less, to be provided with a T handle not less than 7-16 of an inch, and not more than f of an inch in width 128 ORDINANCES. across the handle. The stop-cock used for service pipes above one inch of water-way to two and one-half inches, to have a square top to the plug measuring one and three-eighths of an inch on each side of the square. Three inch stop-cocks to have an oblong top, three and one-fourth inches long by one and one-fourth inches wide. Eighth In places where the stop-cock has to be placed deeper than six feet, a stationary wrench which comes up to the ordinary depth of the cock, shall be put on. The top of wrench to be formed like the top of the stop-cock, and the rod to work in a guide immediately below its top or handle. Ninth All stop-cocks used by the plumbers, on the side- walks, as well as those used for street and lot sprinkling, hy- drants, water-closets, etc., shall be subject to the inspection and approval of the Superintendent, and the stop-cock casing to be equal to the sample in the Water Works office. Tenth No service pipe between the ferrule and the stop- cock on the sidewalk shall be laid less than five feet below the surface of the street grade. The material used for such service pipe, shall in each and every case be subject to the inspection of the Superintendent or his agent, and if found defective, or below the standard established by the ordinances, its use will not be permitted. Eleventh In all streets where distributing pipes are laid, the service pipe shall be of lead or iron. Twelfth The following weights per lineal foot for lead pipe, is the standard for service pipe, to- wit : Lead pipe inch bore, 2 K>s. oz. pe 2 Ibs. 7 oz. 3 Ibs. oz. 3 Ibs. 10 oz. 4 Ibs. 12 oz. 6 Ibs. oz. 8 Ibs. 2 oz. 7 Ibs. 4 oz. 9 Ibs. 8 oz. lineal foot On all lead service pipe wiped joints to be made without any exception. Thirteenth -No person shall dig up the earth or remove the planks, bricks, stone pavement or flagging, in any street, side- walk, lane, alley or other public grounds in said city, for the purpose of laying or repairing any service pipe, except such person or persons shall have received a permit from the Super- intendent previous to the commencement of such dicing or removal. In removing pavement, etc., the rnaterial & dug or taken up must be deposited in such a manner as to guard WATER SUPPLY. 129 against any inconvenience to the public by obstructing the streets, alleys, or sidewalks, nor shall any hole, or trench in any street, alley or sidewalk, or other public place be left open during the night, unless amply protected from accident Fourteenth The replacement of earth, brick, stone or other material so disturbed shall be done by skillful workmen, to whose particular profession such work belongs, and the street, sidewalk or lane, alley or public ground shall be left in as good and solid condition as it was before such excavations were made. Where stop-cock casings are set into the flag- ging or pavement of the sidewalks, the stones to be neatly cut, and the casing to be accurately fitted and finished, so that the corer shall be even with the surface. Fifteenth In all cases where boilers are supplied, a suitable vacuum or safety valve must be applied to prevent damage from collapsing, or otherwise, when the water is shut off from the street mains. Check valves are not permitted to be used except on special permission in writing of the Water Board. Sixteenth Within forty-eight hours after completing any attachment or connecting with the water mains, the plumber shall make a full, true, and complete report in writing, of the number of rooms on the premises to which water is supplied, or other contemplated use of water thereon, according to the rules and regulations and the tariif of water rates established by the City Council, and file the same with the Superintend- ent, who shall thereupon cause the water to be turned on. This report shall also contain accurate and complete measure- ments of the distances, north, south, east or west, from the corner of the nearest street, lane or public alley, from which the stop-cock is placed. The measurement to be made in a direct line with the front of the house or fence on the corner, and the name of the street or alley containing the pipe into which entry has been made, and whether the stop-cock is on the north, south, east or west side of the same. Every return must be full and complete in every particular. These returns, after being examined and approved by the Superintendent, shall be delivered to the clerk of the Water Board, to enable him to compile his tap and assessment records, after which the clerk shall file such returns arid carefully preserve the same in his office. Seventeenth No plumber shall make any attachment to any old pipe, or other fixtures which have been shut off" by the proper officers, or which are out of use, without first having obtained permit or re-issue as hereinafter provided. Nor 17 ORDINANCES. shall any plumber make any addition to or alteration of any top pipe or cock, or other fixtures attached to the Water Works except by special written or printed permit first ob- tained ; and the plumber shall report such change m writing in a concise manner within twenty-four hours thereafter, and the additional water rent occasioned thereby shall be assessed and collected with the next quarterly collection of water rents. Eighteenth Plumbers making repairs to hydrants or other fixtures attached to the Water Works, in cases where the water has been turned off on account of leakage or other defects, shall give the owner or occupant of the premises a written certificate that such fixtures have been properly re- paired, which certificate having been filed with the Superin- tendent will be sufficient evidence that such repairs have been made. Thereupon the Superintendent shall turn on the water. But water shall not be turned on unless the certificate is satisfactory to the Superintendent. Nineteenth No plumber shall, after making any connections with the street mains, or after making repairs, or putting in any new attachment, leave the stop-cock open and the water on the premises. Twentieth No hydrant shall be placed in any front yard or common area of any premises so situated as to be accessible to persons living in or occupying neighboring premises, unless the person or persons controlling such hydrant becomes re- sponsible for and pays the water rent for all persons so acces- sible, subject however to the discretion of the Water Board. Twenty-first No service pipe shall be entered by any plumber or other person in any premises where a ferrule has been pre- viously inserted, or water conveyed for the purpose of giving an increased supply, except in conformity with, and subject to, the rules and regulations herein contained. Nor shall any two ferrules be entered into any of the distributing mains within the distance of two feet of each other, or nearer than eighteen inches of the end of any pipe, nor shall any change of ferrule be made on any premises, where the use of the water has been previously had or obtained, until the ferrule previously used shall have been drawn, and the opening where such ferrule was inserted shall have been securely stopped by a brass plug, at the expense of the party asking such change. Twenty-second No ferrule, shall be inserted in any of the distributing mains above the size of three-quarters of an inch inside diameter of opening, unless with the consent of the Water Board, and in all cases where ferrules of a larger size are asked, permits shall only be granted to enter such ferrules WATER SUPPLY. 131 of extra size, on condition that the party procuring such grant shall be at the expense of putting on in addition a suit- able iron clamp, as shall be determined by the Superintendent. The ferrule to be inserted into both the clamp and distribut- ing pipe in such a manner as to fully preserve the strength of the pipe, and securely hold the ferrule and prevent leakage. Twenty-third Any plumber or other person violating any of the rules contained in this section, shall, for such offense, forfeit and pay as a penalty any sum not less than one dollar nor more than one hundred dollars, and be liable in damages to any person for injuries resulting from the violation of said rules. For a second violation of said rules by any plumDer, he shall, in addition to the penalty above incurred, forfeit his license, or the license of his firm. For any injury or damage to said Water Works or fixtures, caused by the carelessness, neglect, or want of skill in any plumber or plumbers, or his or their employes, he or they shall be liable to an action on his or their bond for the damages sustained by said city by reason of the breach or breaches of the condition of said bond. 14. MANNER OF COLLECTING RENTS.] The water rents ac- cruing to said city from the Water Works shall be collected in the following manner : First The City Clerk shall, on the first business day pre- ceding the first of June, September, December and March, of each year, make out and deliver to the City Treasurer, a du- plicate of the assessment book, containing a full and complete list of all water rents due to said city at the time of delivering said duplicates. Such duplicate to be prepared in form simi- lar to the tax duplicate with proper ruled columns and head- ings, so as to contain the name and residence, with the num- ber of the permit, and amount of water rent due from each person, company or corporation, showing in separate columns, the fractional rent due from the time of letting on water, the advance rent due for the ensuing three months, rents delin- quent with penalty, interest and costs. Upon such duplicate the Clerk shall attach his warrant directing the Treasurer to collect such rents pursuant to the ordinances of said city. Second Immediately on receiving such duplicate the Treas- urer shall give notice in the corporation newspaper, that the duplicate for water rents has been placed in his hands for col- lection, and notifying parties owing water rents to pay the same to him at his office within twenty days, and unless the same are paid within that time, he would, by himself or ORDINANCES. deputy, make a personal demand of payment, and exact ten per cent, in addition, to pay the expense of collection. After receiving such duplicate, the Treasurer shall, by him- self or deputy, attend at his office during business hours, for twenty days, to receive such water rents from parties volun- tarily paying the same. At the expiration of twenty days, the Treasurer shall, by himself or deputy, immediately pro- ceed to make a personal demand (of parties who have not paid,) for the water rents charged against them on said du- plicate, such demand to be made within ten days after the ex- piration of the twenty days allowed for voluntary payment. The Treasurer shall deliver to each party paying rent a re- ceipt therefor. The Treasurer shall", at the expense of the city, procure proper printed blank receipts for payment of water rent. Third Within ten days after the expiration of the thirty days allowed for the collection of said water rents, the Treas- urer shall return the duplicate to the Clerk with all water rents collected thereon marked paid, and the date of payment. The Clerk, upon receiving such duplicate shall enter such de- linquents, and credit the Treasurer with the amount of such delinquent water tax, so that the Treasurer will only stand charged with the amount of rents collected, and make a final settlement with the Treasurer in the same manner as required by law in the settlement of municipal taxes collected by the Treasurer. Fourth Upon the return of said duplicate and final settle- ment made as aforesaid, it shall be the duty of the Clerk to report such delinquents to the Water Board, at its next regu- lar meeting, whose duty it shall be to re-assess the same, with ten per centum penalty and interest to the next quarterly pay- ment of water rents. The Water Board may, however, if in its opinion the same is necessary to protect the interests of the city, cause the Superintendent to shut oif the water from any of the parties so delinquent. Fifth Whenever parties shall, after the second demand for payment of water rents, still fail and neglect to pay the same he or they so failing and neglecting shall forfeit and pay as a penalty any sum not less than five dollars nor more than one hundred dollars ; or the Water Board may in its discretion direct the City Attorney to collect the same by action at law in the name of the city, 15. RATES OP WATER RENT.] The following tariff of rates for water rents shall .be established, to- wit : WATER SUPPLY. 133 Per annum. Business houses, 18 to 24 feet front for basement and first floor, all occupied by same party, (one tap) $ 5.0() Bakeries 10.00 Barber shop, first chair 3^00 Barber shop, for2d and 3d chairs, each 2^00 Barbershop, for each additional chair 1.50 Bathing tubs, public, each 6.00 Bathing tubs, private, each 3.00 Blacksmith shop, one fire 3.00 Blacksmith shop, each additional fire 1.00 Biliard room, first table or water basin, or basins used in con- nection therewith 3.00 For each additional table 1.00 Boarding house, each room 1.00 Bowling alley, for first alley 3.00 For each additional alley 1.00 Bookbindery 3.00 Building purposes, brick per 1,000 kiln count 08 stone per perch 05 " plastering per square yard 0$ Candle and soap factory, to be assessed Candy factory 15.00 Churches 5.00 Church for baptistry 10.00 Cigar factory, for first hand 3.00 " for each additional hand 75 " " no license issued for less than 8.00 Cows, each 1.00 Dyeing and scouring houses 15.00 Dentist's rooms 3 00 Dwelling houses, four rooms or less 4.00 each additional room 50 " " and store, extra charge for store Foundries and machine shops to be assessed ..... Fountains, six hours per day for six mouths, 1-16 inch opening 6.00 Fountains, i inch opening 10.00 Fountains, i inch opening 25.00 Fountains, for larger sizes, special rates Gas works to be assessed Hose for sprinkling lots, 66 feet or less front, } inch nozzle, one hour each day 6.00 Hose, private, each I- 50 Hotels, each room 1-00 Ice cream saloon 10.00 Laundry, special rates Livery stable, per horse 3.00 Malt house, to be assessed Meat market, same as business house 5.00 Offices 3 - Oil mill, to be assessed Photograph gallery Printing offices - Printing offices, with steam, per horse power, extra .W Restaurant .'. l g Schools, private for every 25 scholars *-j Shops, ten persons or less -v" Shops, each additional person Soda factory, to be assessed 1 34 ORDINANCES. Per annum. Soda Fountains tiooOtoJoM Saloons ; $10.00 to rfO.OO slaughtering and packing houses to be assessed Street sprinkler to be assessed - Steam engines, per actual horse power, ten hours per day *.00 Steam engines, per actual horse power, twenty-four hours per J a y 5.00 Street sprinkler, for private houses, 66 feet front or less, f tap 5.00 Street sprinkler, for private houses, each additional ten feet 50 Theater and public halls ? 10.00 Urinals, private, self-closing, each 1.00 Urinals, hotels, boarding-houses andsaloons 5.00 Vinegar, per barrel 05 That part of the lot facing the ferrule is what is termed the "Front." Water for street and sidewalk sprinkling with hose to be assessed the same as for lot sprinkling, except that for corner lots, the longest front shall be paid for. Should water be required from the Water Works for which rates of rent are not herein established, the Water Board shall fix the same at prices corresponding with the foregoing rates. 16. ASSESSMENT OF WATER RENTS, ETC.] It shall be the duty of the Water Board, to establish rules for assessing water rents, where the foregoing tariff of rates requires them to be assessed. Until the Board establish such rates, it shall be the duty of the Superintendent to make such assessments. The Water Board shall take the proper steps to enforce the collec- tion of all water rents dependent upon special contracts or where the price cannot be ascertained until the water shall have been used. ADOPTING AND PUBLISHING ORDINANCE. An ordinance adopting the revised ordinances of the City of Bloornington and providing for the publication thereof. Be it ordained by the City Council of the City of Bloomington : That the foregoing chapters prepared and submitted to the ,ity Council of said city by Isaac N. Phillips, numbered from one to twenty-one inclusive and more particularly described by their respective titles as follows, to-wit: Chapter I , " Ani- mals, Pounds and Pound-keepers;" Chapter II., Cemete- WATER SUPPLY. 135 ries ; " Chapter III., " City Council ; " Chapter IV., " Dogs ; " Chapter V., " Elections ; " Chapter VI.," Fees and Salaries;" Chapter VII., " Fire Department ; " Chapter VIII., "Grades ;" Chapter IX., " Licenses ; " Chapter X., " Liquors ; " Chapter XL, " Misdemeanors ; " Chapter XII,, " Nuisances ; " Chap- ter XIIL, " Officers ; " Chapter XIV., " Ordinances ; " Chap- ter XV., "Police Department;" Chapter XVI., "Rail- roads;" Chapter XVII., "Revenue;" Chapter XVHL, " Special Assessments ; " Chapter XIX., " Supplies and Claims ; " Chapter XX., " Wards ; " Chapter XXL, " Water Supply," be and the same are hereby adopted and declared to be the ordinances of said city, and shall take effect and be in force from and after the first day of May, in the year 1876 ; and it is further hereby ordered that said chapters and ordi- nances, together with this ordinance, be forthwith published in book form by authority of the City Council of said city. Approved, April 24th, A. D. 1876. B. F. FUNK, ATTEST : MAYOR. WM. B. LAWRENCE, CITY CLERK. STATE OF ILLINOIS,^ MCLEAN COUNTY, Vss. City of Bloomington. ) I, William B. Lawrence, City Clerk of the City of Bloom- ington, do hereby certify that the above is a true copy of an ordinance entitled, " An ordinance adopting the revised ordi- nances of the City of Bloomington and providing for the pub- lication thereof," passed by the City Council of the City of Bloomington, on the 24th day of April, A. D. 1876, and duly recorded upon the records of said city, and that the original of which the foregoing is a certified copy is on file in the office of the City Clerk of said city. Witness my hand and the corporate seal of said city this 24th day of April, A. D. 1876. WM. B. LAWRENCE, PL g -i CITY CLERK. PART II. 18 ACTS OF INCORPORATION OF THE CITY OF BLOOMINGTON. NUMBER I. An Act to Legalize the Incorporation of the City of Bloomington. [Approved June 19, 1852.] SECTION 1. Incorporation legalized. " 2. Official acts legalized. 3. Fines. " 4. When in force. SECTION 1. INCORPORATION LEGALIZED.] Be it enacted by the People of the State of Illinois, represented in the General Assembly : That the incorporation of the town of Bloomington, in Mc- Lean County, as a city, on the nineteenth day of February, A. D., one thousand eight hundred and fifty, in pursuance of the fifth section of an Act entitled " An act to incorporate towns and cities," passed February tenth, one thousand eight hundred and forty-nine, be and the same is hereby legalized. 2. OFFICIAL ACTS LEGALIZED.] That all the official acts of the City Council and Mayor, or either of them, of said corporation, done since the election of its members, and which, in case of the original legality of said incorpor- ation, would have been according to law up to the period when this act shall take effect, be and the same are hereby le- galized. 3. FINES.] That hereafter all fines and forfeitures col- lected for penalties incurred within the incorporated limits of the said city of Bloomington, shall be paid into the treasury of said city by the officers collecting the same. 4. WHEN IN FORCE.] This act shall be in force from and after its passage. ACTS OF INCORPORATION. NUMBER II. An Act to Amend the Charter of the City of Bloomington, by Extending the Corporate Limits of the same. [Approved March 1, 18M ] SECTION 1. Corporate limits. 2. When in force. SECTION 1. CORPORATE LIMITS.] Be it enacted by the People of the State of Illinois, represented in the General Assembly ; inat hereafter the corporate limits of the city of Bloomington shall embrace a territory of one and a half miles square, extending three-fourths of a mile east, west, north and south pi the south-east corner of lot number sixty (60) in the original town of Bloomington. . 2. WHEN IN FORCE.] This act to take effect and be i force from and after a survey of the above named limits shall have been entered upon the records of the said city of Bloom- ington. NUMBER III. An Act to Legalize the Incorporation of the City of Blonm- ington, and for other Purposes. [Approved February M, 1855.] SECTION 1. Incorporation legalized. " 2. Official acta legalized. " 3. Power of Council appeals. 4. Security for costs. " 6. Fines paid into treasury. " 6. Repeal when in force. SECTION 1. INCORPORATION LEGALIZED.] Be it enacted by the People of the State of Illinois, represented in the General Assembly : That the incorporation of the town of Bloomington, in Mc- Lean County, as a city, on the nineteenth day of February, A. D., one thousand eight hundred and fifty, in pursuance of an Act entitled " An Act to incorporate towns and cities, passed February tenth, one thousand eight hundred and forty- nine, be and the same is hereby legalized, and the existence and incorporation of the city of Bloomington shall be taken and considered to be valid in all courts of this state without proof thereof. 2. OFFICIAL ACTS LEGALIZED.] That all the official acts, proceedings, ordinances, and resolutions of the City Council of said city, since the election of the members, either before ACTS OP INCORPORATION. 141 or after the passage of this act, and which are not repug- nant to the Constitution of the United States, or to the Con- stitution of this State, shall be taken and held to be valid, legal and binding upon all persons whomsoever. 3. POWER OF COUNCIL APPEALS.] The City Council of said city shall have power and authority to make rules and regulations governing the proceedings before and processes issued by the police magistrate of said city for the violation of any ordinance of said city, and in lieu of the appeals now allowed by law, from the decision of said police magistrate, to provide by ordinance for the removal of causes tried before the police magistrate, by appeal to the Circuit Court of McLean county, which shall be tried in that Court upon a bill of exceptions containing the proceedings and evidences before the police magistrate. 4. SECURITY FOR COSTS.] In suits instituted by the city of Bloomington for the violation of the ordinances of said city, security for costs shall in no case be required to be given, and change of venue shall in no case be allowed in such suits from the police magistrate of said city. 5. FINES PAID INTO TREASURY.] That all fines and for- feitures for penalties incurred within the corporate limits of said city of Bloomington, since the 19th day of June, A. D. one thousand eight hundred and fifty-two, and hereafter shall be paid into the treasury of said city, by the officers collect- ing the same. 6. REPEAL WHEN IN FORCE.] That so much of any act of the legislature heretofore passed as conflicts with the pro- visions of this act, be, and the same is hereby repealed, and this act shall take effect from and after its passage. NUMBER IV. An Act in Relation to North Bloomington. [Approved Feb. 13th, 1857.J SECTION 1. Streets vacated. " 2. Title to ground. " 3. Power to fence blocks. " 4. Liability for destroying inclosure. SECTION 1. STREETS VACATED.] Be it enacted by the People of the State of Illinois, represented in the General Assembly : That so much of Second and Third streets, of the town of Bloom- ington, as lies west of the west line of Broadway, of said town be, and the same is hereby vacated. 142 ACTS OF INCORPORATION. 2. TITLE TO GROUNDS.] Be it farther enacted, That the title in and to the ground covered by the parts of streets va- cated as aforesaid be, and the same is hereby vested in the owner or owners of the lots bounded or adjoining to the parts of streets so vacated ; Provided, however, that nothing herein contained shall be so construed as in any way to prejudice the vested rights of any person or persons owning property front- ing on or bounded by the parts of streets herein referred to. 3. POWER TO FENCE BLOCKS.] Be it further enacted, That whenever the lot owners of any block in said town, as now laid oft' or hereafter extended by additions thereto, shall de- sire to unite in planting sidewalks or ornamental trees around the same, it shall be lawful for them to fence in said blocks by an inclosure extending into and embracing a part of the streets of said town ; said enclosure to be kept up for a period not ex- ceeding five years from the erection thereof, except by the unanimous consent of the lot owners thereof, in which case it may be extended to a period of seven years : Provided, however, said enclosure shall not extend more than fifteen feet from the sides of the blocks so inclosed : And, Provided, also, that the consent or co-operation of lot owners of the blocks thus in- closed shall be necessary thereto. 4. LIABILITY FOR DESTROYING ENCLOSURE.] Be it further enacted, That if any person or persons owning a lot or lots in blocks inclosed as aforesaid, shall remove or destroy said en- closures, or shall suffer the same to become insufficint as a pro- tection against large stock during said term of years, he or they shall forfeit and pay to the other owner or owners of lots in said blocks, three times the amount of damages sustained thereby, to be recovered in an action of trespass, before any justice of the peace, or other court having jurisdiction thereof. NUMBER V. An Act to amend the several Acts, amendatory of the City Charter of the City of Bloomington, by extending the cor- porate limits of said city. [Approved Feb. Ittth, 1857.] SECTION 1. Extension of city limits. 2. When in force. SECTION 1. EXTENSION OF CITY LIMITS.] Be it enacted by the People of the Slate of Itlinois represented in the General Assembly : That for the purpose of giving to the City of Bloomington juris- ACTS OF INCORPORATION. 143 diction over a part of Sugar Creek, the western boundary of said city shall be extended as follows : Beginning at the west boundary of said city, in the center of Market street ; running thence west along the center of the Peoria road to the west end of Sugar Creek bridge ; thence in a northerly direction along the west bank of said Sugar Creek to the center of sec- tion (32), town 24 north, of range 2 east : thence due east one mile, to the center of section (33), town and range aforesaid ; thence due south, to the north boundary of said city : Pro- vided, That all farming land not laid off in lots, within the aforesaid boundaries, shall be exempt from city taxation : and provided also, That nothing in this shall authorize the city of Bloomington, in any way to interfere with the vested rights of the St. Louis, Alton and Chicago Railroad Company to the use of the water of said Sugar Creek. 2. WHEN IN FORCE.] This act to take effect and be in force from and after its passage. J44 ACTS OF INCORPORATION. NUMBER VI. An Act to grant and establish a City Charter for the City of Bloomington. [In force Feb 13th, 1861.] SECTION 1. Name and style. " 2. Corporate limits. " 3. Corporate powers. " 4. Municipal officers. " 6. Other officers. " 6. How selected. " 7. City election. " 8. Term of office. " 9. New election. " 10. Notice of election. " 11. How conducted. " 12. Qualification of voters. " 13. Aldermen. " 14. Duties of Council. " 15. Rules of the Council. " 16. Aldermen, when not eligible. " 17. The Mayor. " 18. Qualifications. " 19. Exhibit of official books. ' 20. Ordinances. " 21. Power of Mayor. 22. Acting Mayor. 23. Duties of City Clerk. 24. Treasurer's duties. 25. Exhibit Order. 26. The Marshal's duties. / 27. Assessor. 28. Collector. 29. Compensation. 80. Recovery of fines. 31. Court fees. 32. Miscellaneous powers of the City Council. 83. Suits at law. 34. Ordinances. 36. Road tax. 86. Bribes, etc. 87. Ordinances to remain in force. 38. Prosecutions. 39. Property and officers. 40. Saving clause. " 41. Conservators of peace. " 42. Construction act deemed Public. SECTION 1. NAME AND STYLE.] Be it enacted by the People of the State of Illinois, represented in the General Assembly : That the inhabitants of the city of Bloomington, in McLean County, Illinois, be and they are hereby constituted a body politic and corporate, by the name and style of " The City of Bloomington," and by that name shall have perpetual succession, and may have or not have a common seal, which they may change, alter, or abolish, at pleasure. 2. CORPORATE LIMITS.] The corporate limits of the city of Bloomington shall embrace a territory of one and a half miles square, extending three-quarters of a mile east, west, ACTS OF INCORPORATION. 145 north and south, of the south-east corner of lot number sixty in the original town of Bloomington, and shall also include all town plats and additions adjoining the above prescribed limits ; and whenever any tract of land adjoining the said limits, or any addition to said city, shall be laid off into town lots, and the plat thereof recorded, the same shall be, and form a part of, the city of Bloomingtoii, as fully as if within the original corporate limits. 3. CORPORATE POWERS.] The inhabitants of said city, by the name and style aforesaid, shall have power to sue and be sued, to implead and be impleaded, to defend and be defended, in all courts of law and equity, and in all actions whatever; to purchase, receive, and hold, lease, sell, convey and dispose of property, real and personal, within and beyond the corpo- rate limits, for public purposes, for the use of the inhabitants of the city, and to improve and protect such property, and to do all other things in relation thereto as natural persons. 4. MUNICIPAL OFFICERS.] The municipal government of the city shall consist of a Mayor, and City Council com- posed of one alderman from each ward of the city ; Provided, That if at any general municipal election a majority of all the voters at said election shall, in such manner as the Coun- cil may prescribe, vote in favor of a representation of two al- dermen from each ward; then the Council shall be com- posed of two aldermen from each ward ; and the Council shall order a special election for the additional aldermen. 5. OTHER OFFICERS.] There shall be a City Clerk, a Treasurer, a Street Commissioner, an Assessor, a Collector, a Marshal, a Chief Engineer of the Fire Department, and such other officers as the Council may deem necessary from time to time to appoint. 6. How ELECTED.] The Mayor, aldermen, Treasurer, Street Commissioner, and all other officers of said corporation, shall be elected by the qualified voters of said city. 7. CITY ELECTION.] An election shall be held in said city on the third Monday in April, A. D., 1861, and at the same time in each year thereafter, to elect a Mayor, Clerk, Treasurer and Street Commissioner, and aldermen in the proper wards. The person having the highest number of votes for the respective officers, shall be declared elected. At the election in April, A. D. 1861, aldermen shall be elected in wards number one and two as now constituted, and the alder- men now elected from wards number three and four shall hold over during their full term. 19 " 146 ACTS OF INCORPORATION. 8. TERM OF OFFICE.] The Mayor, Clerk, Treasurer, and Street Commissioner, shall respectively hold their offices for one year, and the aldermen for two years. All the other officers mentioned or provided for in this act, or by ordinance of said city, shall hold their respective offices during the pleasure ot the Council. Officers elected to fill vacancies shall hold for the unexpired term only. 9. NEW ELECTION.] In case the people shall fail to elect any of the officers herein required to be elected, the Council shall forthwith order a new election for such office, and when any vacancy shall occur by death, resignation, removal or oth- erwise of any officers elected by the people, except aldermen, such vacancy shall be filled by a new election within ten days after the vacancy occurs ; unless nine mouths of the term of office has expired, in which case the Council may fill such office by appointment. Any vacancy in the Council shall be immediately filled by a new election in the proper ward. 10. NOTICE OF ELECTION.] The Council shall, previous to any election under this charter, give notice of such election by publication in a newspaper published in the city, or by printed notices in each ward, or by both. 11. How CONDUCTED.] The Council shall have power to regulate elections and to appoint judges thereof. Voting shall be by ballot, and the judges of election shall take the same oath and have the same power and authority and be sub- ject to the same penalties as judges at general elections under the State laws. The ballots shall be counted in the manner provided by general law, the returns shall be delivered seak>y the Council. 10. COMPENSATION OF MAYOR AND ALDERMEN, ETC.] The Mayor and aldermen of said city shall each receive, in tull compensation for their official services, the sum of olio dollar 176 ACTS OF INCORPORATION. per year and no more ; and neither the Mayor or any alder- maiTshall, during his term of office, be appointed to or be com- petent to hold any office of which the emoluments are paid from the city treasury, or paid by fees, directed to be paid by any act or ordinance of the City Council, or be directly or in- directly interested in any contract, the expenses or considera- tion of which are to be paid under any ordinance of the City Council. 11. PLATS TO BE APPROVED BY COUNCIL.] In all cases when lands in or adjoining said city are hereafter sub-divided and laid out in blocks, lots, sub-lots, streets and alleys, or when new streets or public grounds are donated or granted to the public by any person, the map or plat thereof shall be submitted to the City Council for approval ; if they approve the same, a certificate of such approval shall be endorsed upon such map or plat, signed by the Mayor and certified under the seal of said city, and no such map or plat shall be entitled to record or have any validity until so approved by said Council, and such map or plat when so approved by the City Council shall be deemed legal and valid without the approval of the Board of Supervisors of McLean county, or any other county authorities. 12. CONSERVATORS OF THE PEACE.] All officers of the city, aldermen included, are 'hereby created conservators of the peace by this act, and shall have power to arrest, or cause to be arrested, with or without process, all persons who shall break, or threaten to break the peace, and if necessary, detain such persons in custody over night in the city jail, or other safe place, and shall have and exercise such other powers a^ conservators of the peace as the Council may prescribe. 13. CONSTRUCTION OF ACT.] Nothing in this act con- tained shall be construed so as to deprive the Council of said city of any power or authority conferred upon the same, by the act under which said city was incorporated, and the various acts amendatory thereto, but the Council shall possess and en- joy all the powers and authority heretofore conferred upon the same, except so far as such power and authority have been expressly modified or repealed by this act, or the acts hereto- fore mentioned. 14. ACT DEEMED PUBLIC.] 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. 15. WHEN IN FORCE;] This act shall take effect and be in force from and after its passage. ACTS OF INCORPORATION. 177 NUMBER VIII. 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 Chicago and Alton Railroad Company, for their Machine Shops. [In force March 3, 1869.] SECTION 1. Council empowered to issue bonds or levy a tax " 2. When in force. WHEREAS, The citizens of the City of Bloomington, in 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 necessary grounds for said purpose, and pay for the same, and erect in said city per- manent shops for said purpose, that the said city would repay to the 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 expenditure, within the period of two years from and after the first day of April, 1868 ; and WHEREAS, 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 substantial build- ings, for the purpose of said shops: therefore, SECTION 1. COUNCIL EMPOWERED TO ISSUE BONDS OR LEVY A TAX.] Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly: 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 direct- ed to either issue the bonds of said city, in five equal install- ments, 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 ofiice of the Treasurer of said city, bearing 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 23 178 ACTS OF INCORPORATION. tax upon all taxable property in eaid city, sufficient 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 expended in the purchase of said ground, and interest on fhe same at the rate of ten per cent, per annum, from and after the time it was so expended by said company ; and they shall either issue said bonds and com- mence the levy of a tax for the payment of the principal and interest on them, as above, or levying the tax for the payment of the entire sum, as above, within six months after the passage of this act. 2. WHEN IN FORCE.] This act shall be in force from and after its passage, and shall be dqemed and taken in all courts and elsewhere as a public act. This bill having been returned by the Governor with objections thereto, and after reconsideration having passed both houses by a con- stitutional majority, it has become a law this third day of March, A. D. 1869. EDWABD RUM MEL, SECRETARY OF STATE. NUMBER IX. An act to amend the charter of the city of Bloomington. [In force March 8th, 1869.] "13KCTION 1. City Council may license insurance companies, etc, " 2. Appeals. " 3' Ordinances evidence of. " 4. Pay of Mayor and aldermen. " 5. Repeal. 8. Registry when not necessary. " 7. Act deemed public. SECTION 1. CITY COUNCIL MAY LICENSE INSURANCE COMPAN- PANIES, ETC.] Be it enacted by the People of the State of Illinois represented in the General Assembly : That, in addition to the powers conferred upon the City Council of the City of Bloom- ington by the charter of said city, said City Council shall have power by ordinance to license, tax and regulate butchers and dealers in fresh meats, insurance companies and insurance agents. Provided, That when any insurance company shall be required to pay a license for doing business in said city, such company and the agent thereof shall be exempt by reason of the payment of such license from the tax imposed by section two (2), Chapter five (5) of the charter of said city. Said City ACTS OF INCORPORATION. 179 Council shall also have power to levy and collect annually a tax, not to exceed two (2) mills on the dollar, on all taxable real and personal property in said city to defray the expense ot lighting the streets of said city, in addition to the amount now authorized by the charter of said city, to be levied and collected for that purpose. 2. APPEALS.] Whenever any appeal shall be taken from the judgment of any justice of the peace or police magis- trate of said city, as provided for in section two (2) of chap- ter six (6), of the charter of said city, either party shall have the right to introduce additional evidence, on the trial of such appeal in the appellate court ; but if no additional evidence shall be produced, then such appeal shall be heard on the bill of exceptions, as provided in said charter. Provided, That the party offering the testimony so preserved in such bill of ex- ceptions, shall have had issued in apt time a subpoena from the appellate court to the sheriff of the county where such cause is pending, for such witness or witnesses. 3. ORDINANCES, EVIDENCE OF.] All ordinances of said city may be proved by a copy thereof, certified by the Clerk of said city, and the corporate seal thereof, if there be one, or by the record of such ordinance. The publication of any and all ordinances may be proved by the certificate of the publish- ers or one of them, or by the oral testimony of any compe- tent witness ; and when the ordinances of said city shall be printed and published in book or pamphlet form by authority of said City Council, the same shall be received in evidence in in all courts and places without further proof. 4. PAY OF MAYOR AND ALDERMEN.] The Mayor of said city shall receive for his services such sum as may be fixed by the City Council of said city, not exceeding the rate of five hundred dollars per annum. Each alderman of said city shall receive for bis services such sum as may be fixed by or- dinance, not exceeding three dollars for each meeting of the City Council of said city, actually attended by him. 5. REPEAL.] Paragraph seven (7) of chapter five (5), section two (2) of chapter seven (7), and section ten (10) of chapter seven (7), of the charter of said city of Bloomingtun, are hereby repealed, 6. REGISTRY WHEN NOT NECESSARY.] No registration of voters shall be necessary prior to an election for members of the Board of Education of said city : Provided, no other officer than members of said Board of Education is to be elected at such election. 7. ACT DEEMED PUBLIC.] This act shall be deemed a public act, and be in force from and after its passage. 180 ACTS OF INCORPORATION. NUMBER X. An Act to Authorize the City of Bloomington to issue Bonds for Sewerage. [Approved March 31, 1869. In force June 19, 1869.] SECTION 1. Issue of bonds authorized. " 2. Sewerage. SECTION 1. ISSUE OF BONDS AUTHORIZED.] Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the city of Bloomington is hereby authorized to issue bonds, not exceeding in amount the sum of $50,000, and not exceeding in any one year the sum of $10,000, of such denominations as the City Council of said city shall de- termine, 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 ex- tended longer than twenty years. No bond shall be issued except by special order of the Council of said city, at a regu- lar meeting thereof, to be entered on the records of said Coun- cil. 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. SEWERAGE.] 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 aris- ing from the sale of any of said bonds shall be kept and ac- counted for by the treasurer of said city, separate and inde- pendent from all other funds. ACTS OF INCORPORATION. 181 NUMBER XL SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. ..-=/. ,, .-/ State of Illinois provide for the incorporation of cities ^ulyl?^ ^SSt^^ffgSgJSSj^ <* Bloomln*- SECTION l. 2. 3. 4. 5. " 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Powers conferred. Ordinance for improvement. When property is to be taken, etc. Petition. Form of petition. Summons publication notice. Hearing jury. Jury to ascertain compensation admitting other parties Viewing premises ownership, etc. Judgment new parties further proceedings Powers of court. Ownership further powers of court Persons under disability. Judgment effect appeal, etc. Order for possession. When improvement made by general tax. Special taxation. SPECIAL ASSESSMENTS. 18. How made. 19. Ordinance for sidewalks owner's rights. 20. Estimate of cost. 21. Order for proceedings in court. 22. Petition to court. 23. Appointment of commissioners oath. 24. Duty of commissioners. 25. (Repealed.) 26. Assessment roll return of roll, 27. Notice by mail, posting and publication. 28. Proof of notice. 29. Continuance when notice not in time. 30. Objections judgment by default. 31. Hearing jury. 32. Precedence. 33. Court may modify, etc., the assessment. 34. Judgment several appeal, etc. lien, 35. Judgment certified to City Clerk filing warrant. 36. Form of warrant. 37. Collector's notice form of. 38. Manner of collecting entry of payment. 39. Report of delinquent list to County ^Collector evidence defence. 40. Application for judgment what laws govern. 41. heturn of sales redemption. 42. Penalty when lands paid are sold for tax, etc. 43. Paying over compensation. 44. General revenue laws apply. 45. City or village may buy in. 46. When assessment set aside new assessment. 47. Supplemental assessments. 48. New assessments against delinquents lien limitation. 49. Contracts payable from assessments. 50. How contracts let approval. 51. Lien. 52. Collection of assessment by suit. 53. Supplemental petition to assess benefits In condemnation cases. 54. Adoption of this article. SECTION 1. POWERS CONFERRED.] That the corporate authorities of cities and villages are hereby vested with power to make local improvements by special assessment or by spe- cial taxation, or both, of contiguous property, or general tax- 182 ACTS OF INCORPORATION. ation or otherwise, as they shall by ordinance prescribe. [See Const., art. 9, sec. 9 ; " Plats," ch. 109, sec. 1-10. 2. ORDINANCE FOR IMPROVEMENT.] When any such city or village shall, by ordinance, provide for the making of any local improvement, it shall by the same ordinance, prescribe whether the same shall be made by special assessment or by special taxation of contiguous property, or general taxation, or both. 3. WHEN PROPERTY is TAKEN, ETC.] Should said ordi- nance provide for improvements which require the taking or damaging of property, the proceeding for making just com- pensation therefor shall be as follows : 4. PETITIONS.] Whenever any such ordinance shall be passed by the legislative authority of any such city or village, for the making of any improvement mentioned in the first sec- tion of this act, or any other local improvement that such city or village is authorized to make, the making of which will require that private property be taken or damaged for public use, such city or village shall file a petition in some court of record of the county in which such city is situated, in the name of the city, praying that " the just compensation to be made for private property to be taken or damaged for the improvement or purpose specified in such ordinance shall be ascertained by a jury." [See Const, sec. 2, art. 3. 5. FORM OF PETITION.] Such petition shall contain a copy of the said ordinance, certified by the clerk, under the corpo- porate seal ; a reasonably accurate description of the lots, par- cels of land and property which will be taken or damaged, and the names of the owners and occupants thereof, so far as known to the board or officer filing the petition, and where any known owners are non-residents of the State, stating the fact of such non-residence.\ 6. SUMMONS PUBLICATION NOTICE.] Upon the filing of the petition aforesaid, a summons, which may be made return- able upon any day in term time, shall be issued and served upon the persons made parties defendant as in cases in chan- cery. And in case any of them are unknown, or reside out of this State, the clerk of the court, upon an affidavit being filed showing such fact, shall cause publication to be made in some newspaper printed in his county, or if there be no news- paper published in his county, then in some newspaper pub- lished in this State, containing notice of the pendency of such proceeding, the parties thereto, the title of the court, and the time and place of the return of the summons in the case and the nature of said proceeding ; such publication to be made ACTS OP INCORPORATION. 183 for four weeks consecutively, at least once in each week, the first of which shall be at least thirty days before the return day of such summons. Notices so given by publication shall be sufficient to authorize the court to hear and determine the suit, as though all parties had been sued by their proper names and had been personally served. [As amended by act approved and in force March 30, 1874. 7. HEARING JURY.] Upon the return of said summons or as soon thereafter as the business of the court will permit, the said court shall proceed to the hearing of such petition, and shall impanel a jury to ascertain the just compensation to be paid to all of such owners and occupants aforesaid; but if any defendant or party in interest shall demand, or the court shall deem it proper, separate juries may be impaneled as to the compensation or damages to be paid to any one or more of such defendants or parties in interest. [As amended by act approved and in force March 30, 1874. 8. JURY TO ASCERTAIN COMPENSATION ADMITTING OTHER PARTIES.] Such jury shall also ascertain the just compensa- tion to be paid to any person claiming an interest in any lot, parcel of land, or property which may be taken or damaged by such improvement, whether or not such person's name, or such lot, parcel of land, or other property, is mentioned or described in such petition : Provided, Such person shall first be admitted as a party defendant to said suit by such court, and shall file a statement of his interest in and description of the lot, parcel of land, or other property, in respect to which he claims compensation. 9. VIEWING PREMISES OWNERSHIP, ETC.] The court may, upon the motion of such city or village, or of any person claiming any such compensation, direct that said jury (under the charge of an officer of the court) shall view the premises which it is claimed by any party to said proceeding will be taken or damaged by said improvement, and in any case, where there is no satisfactory evidence given to the jury as to the ownership of, or as to the extent of the interest of any de- fendant in the property to-be taken or damaged, the jury may return their verdict as to the compensation or damage to be paid for the property or part of property to be taken or dam- aged, and for the entire interests therein. [As amended by act approved and in force March 30, 1874. $ 10 JUDGMENT NEW PARTIES FURTHER PROCEEDINGS.] Upon the return of such verdict the court shall order the same to be recorded, and shall enter such judgment or decree on as the nature of the case may require. The court shall 184 ACTS OF INCORPORATION. continue or adjourn the cause, from time to time, as to all oc- cupants and owners named in such petition who shall not have been served with process, or brought in by publication, and shall order a new summons to issue and new publication to be made ; and upon such occupants or owners being brought into court, shall impanel a jury to ascertain the compensation so to be paid to such defendant or defendants, for private property taken or damaged; and like proceedings shall be had for such purpose as hereinbefore provided for the ascertaining of compensation to other owners. 11. POWERS OF COURT.] The court shall have power, at any time, upon proof that any such owner or owners named in such petition, who has not been served with process, has ceased to be such owner or owners since the filing of such pe- tition, to impanel a jury and ascertain the just compensation to be made for the property (or the damage thereto) which had been owned by the person or persons so ceasing to own the same ; and the court may, upon any finding or findings of any jury or juries, or at any time during the course of such proceedings, enter such order, rule, judgment or decree, as the nature of the case may require. 12. OWNERSHIP FURTHER POWERS OF COURT.] No delay in making an assessment of compensation shall be occa- sioned by any doubt or contest which may arise as to the ownership of the property, or any part thereof, or as to the interests of the respective owners or claimants, but in such case the court may impanel a jury and ascertain the entire compensation or damage that should be paid for the property, or part of property, and the entire interests of all parties there- in, and may require adverse claimants to interplead so as to fully determine their rights and interests in the compensation so ascertained. And the court may make such order as may be necessary in regard to the deposit or payment of such com- pensation. 13. PERSONS UNDER DISABILITY.] When it shall appear from said petition or otherwise, at any time during the pro- ceedings upon such petition, that any infant, or insane or dis- tracted person, is interested in any property that is to be taken or damaged, the court shall appoint a guardian, ad litem, for such infant, or insane or distracted person to appear and de- fend for him, her or them ; and the court shall make such order or decree as it shall deem proper to protect and secure the interest of such infant, or insane or distracted person, in such property, or the compensation which shall be awarded therefor. ACTS OF INCORPORATION. ]g5 14. JUDGMENT EFFECT APPEAL, ETC.] Any final judg- ment or judgments rendered by said court, upon any finding or findings of any jury or juries, shall be a lawful and sufficient condemnation of the land or property to be taken upon the payment of the amount of such finding as hereinafter pro- vided. It shall be final and conclusive as to the damages caused by such improvement, unless such judgment or jud-- ments shall be appealed from; but no appeal or writ of error upon the same shall delay proceedings under said ordinance, if such city or village shall deposit, as directed by the court, the amount of the judgment and costs, and shall file a bond in the court in which such judgment was rendered, in a sum to be fixed and with security to be approved by the judge of said court, which shall secure the payment of any future com- pensation which may at that time be finally awarded to such party so appealing or suing out such writ of error, and his or her costs. 15. ORDER FOR POSSESSION.] The court, upon proof that said just compensation so found by the jury has been paid to the person entitled thereto or has been deposited as directed by the court (and bond given in case of any appeal or writ of error,) shall enter an order that the city or village shall have the right, at any time thereafter, to take possession of or damage the property, in respect to which such compensation shall have been so paid or deposited, as aforesaid. 16. WHEN IMPROVEMENT MADE BY GENERAL TAX.] When the ordinance under which said improvement is ordered to be made shall provide that such improvement shall be made by general taxation, the cost of such improvement shall be added to the general appropriation bill of such city or village, and shall be levied and collected with and as a part of the general taxes of such city or village. 17. SPECIAL TAXATION.] When said ordinance under which said local improvement shall be ordered shall provide that such improvement shall be made by special taxation of contiguous property, the same shall be levied, assessed and collected in the way provided in the sections of this act pro- viding for the mode of making, levying, assessing and collect- ing special assessments. SPECIAL ASSESSMENTS. 18. How MADE.] When the ordinance under which said local improvement is ordered to be made shall provide that such improvement shall be wholly or in part made by special assessment, the proceedings for the making such special asseee- 24 186 ACTS OF INCORPORATION. merits shall be in accordance with the sections of this act (arti- cle) from 18 to 51 inclusive. 19. ORDINANCE FOR SIDEWALKS OWNER'S RIGHTS.] When- ever such local improvements are to be made wholly or in part by special assessment, the said Council in cities or Board of Trustees in villages, shall pass an ordinance to that effect, specifying therein the nature, character, locality and descrip- tion of sueh improvement : Provided, That whenever any such ordinance shall provide only for the building or renewing of any sidewalk, the owner of any lot or piece of land fronting on such sidewalk shall be allowed fifteen days after the time at which such ordinance shall take effect in \v-hich to build or renew such sidewalk opposite his land, and thereby relieve the same from assessment : Provided, That the work so to be done shall in all respects conform to the requirements of such ordi- nance. 20. ESTIMATE OF COST.] The City Council or Board of Trustees shall appoint three of its members, or any other three competent persons, who shall make an estimate of the cost of the improvement contemplated by such ordinance, including labor, materials and all other expenses attending the same, and the cost of making and levying the assessment, and shall report the same in writing to said Council or Board of Trustees. 21. ORDER FOR PROCEEDINGS IN COURT.] On such report being made, and approved by the Council or Board of Trustees, as the case may be, it may order a petition to be filed by such officer as it shall direct, in the county court of its county, for proceedings to assess the cost of such improvement in the manner provided in this act. 22. PETITION TO COURT.] The petition shall be in the name of the corporation, and shall recite the ordinance for the proposed improvement and the report of such commission, and shall pray that the cost of such improvement may be assessed in the manner prescribed by law. 23. APPOINTMENT OF COMMISSIONERS OATH.] Upon the filing of such petition the court shall appoint three competent persona as commissioners, who shall take and subscribe an oath, in substance as follows, to-wit ; STATE OF ILLINOIS, \ COUNTY. / ss> We, the undersigned, commissioners appointed by the county court of county, to assess the cost of (here state in general terms the improvement) do solemnly swear (or affirm as the case may be) that we will a true and ACTS OF INCORPORATION. 187 impartial assessment make of the cost of said improvement upon the city (or village) of , and the property benefited by such improvement to the best of our ability, and according to law. 24. DUTY OF COMMISSIONERS.] It shall be the duty of such commissioners to examine the locality where the im- provement is proposed to be made, and the lots, blocks, tracts and parcels of land that will be specially benefited thereby, and to estimate what proportion of the total cost of such im- provement will be of benefit to the public, and what propor- tion thereof will be of benefit to the property to be benefited, and apportion the same between the city or village and such property, so that each shall bear its relative equitable propor- tion ; and having found said amounts, to apportion and assess the amount so found to be of benefit to the property upon the several lots, blocks, tracts and parcels of land in the proportion in which they will be severally benefited by such improve- ment ; Provided, That no lot, block, tract or parcel of land shall be assessed a greater amount than it will be actually ben- efited ; And provided, further, that it shall not be necessary for said commissioners to examine the locality except where the ordinance provides for the opening, widening or improvement of streets and alleys. [As amended by act approved and in force March 30, 1874. 25. (Repealed by act approved April 25, 1873.) 26. ASSESSMENT ROLL RETURN.] They shall also make or cause to be made an assessment roll, in which shall appear the names of the owners, so far as known, a description of each lot, block, tract or parcel of land, and the amounts assessed as special benefits thereto, and in which they shall set down as against the city or village the amount they shall have found as public benefit, and certify such assessment roll to the court by which they were appointed, at least ten days before the first day of the term at which a final hearing thereon shall be had. [As amended by act approved and in force March 30, 1874. 27. NOTICE BY MAIL, POSTING AND PUBLICATION.] It shall also be the duty of such commissioners to give notice of such assessment, and of the term of court at which a final hearing thereon will be had, in the following manner : First They shall send by mail to each owner of premises assessed, whose name and place of residence is known to them, a notice substantially in the following form : Mr. , your (here give a short description of the premises) is assessed $ for public improvement. The 188 ACTS OP INCORPORATION. asssessmeut roll will be returned to the term of the county court of county, , 5 (Here give date.) , Commissioners. Second They shall cause at least ten days' notice to be given, by posting notices in at least four public places, in such city or village, two of which shall be in the neighborhood of such proposed improvement ; and when a daily newspaper is published in such city or village, by publishing the same at least five successive days in such daily newspaper, or if no daily newspaper is published in such city or village, and a weekly newspaper is published therein, then at least once in each week, for two successive weeks, in such weekly newspa- per, or if no daily or weekly newspaper is published in such city or village, then in a newspaper published in the county in which such city or village is situated. The notice may be substantially as follows : SPECIAL ASSESSMENT NOTICE. Notice is hereby given to all persons interested, that the City Council (or board of trustees, as the case may be,) of , having ordered that (here insert the description and nature of improvements substantially as in ordinance,) have applied to the County Court of county for an assess- ment of the cost of said improvements, according to bene- fits ; and an assessment thereof having been made and re- turned to said court, the final hearing thereon will be had at the term of said court, commencing on the day of A. D. 18 . All persons desiring may then and there appear and make their defense. (Here give date.) Commissioners. [As amended by act approved April 25, 1873; in force July 1, 1873. 28 ; PfiaoF OF NOTICE.] On, or before the final hearing, the affidavit of one or more of the commissioners, shall be filed in said court, stating that they have sent, or caused to be sent by mail, to the owners whose premises have been as- sessed, and whose name and place of residence are known to them, the notice herein before required to be sent by mail to owners of premises assessed. They shall also cause to be tiled the affidavit of the person who shall have posted the ACTS OF INCORPORATION. 189 notices required by this act to be posted, setting forth when and in what manner the same were posted. Such affidavits shall be received as prima facie evidence of a compliance with this act in regard to giving such notices. They shall also tile a certificate of publication of said notice in like manner as is required in other cases of publication of notices. [As amended by act approved April 25,1873; in force July 1,1873. 29. CONTINUANCE WHEN NOTICE NOT IN TIME.] If ten days shall not have elapsed between the first publication, or the putting up of such notices, and the first day of the next term of such court, the hearing shall be continued until the next term of court. 30. OBJECTIONS JUDGMENT BY DEFAULT.] Any person interested in any real estate to be affected by such assess- ment, may appear and file objections to such report, and the court may make such order in regard to the time of filing such objections as may be made in cases at law in regard to the time of filing pleas. As to all lots, blocks, tracts and parcels of land to the assessment of which objections are not filed within the time ordered by the court, default may be entered, and the assessment confirmed by the court. 31. HEARING JURY.] On the hearing, the report of the commissioners shall be competent evidence, and either party may introduce such other evidence as may tend to establish the right of the matter. The hearing shall be conducted as in other cases at law, and if it shall appear that the premises of the objector are assessed more or less than they will be benefited, or more or less than their proportionate share of the cost of the improvement, the jury shall so find, and also find the amount for which such premises ought to be as- sessed, and judgment shall be rendered accordingly. 32. PRECEDENCE.] The hearing, in all cases, arising under this act, shall have precedence over all other cases in such court, except criminal cases. 33. COURT MAY MODIFY, ETC., THE ASSESSMENT.] The court before which any such proceeding may be pending, shall have authority, at any time before final adjournment [judgment] to modify, alter, change, annul or confirm any assessment re- turned, as aforesaid, or cause any such assessment to be re- cast by the same commissioners whenever it shall be neces- sary for the attainment of justice, or may appoint other com- missioners in the place of all or any of the commissioners first appointed, for the purpose of making such assessment, or modifying, altering, changing or recasting the same, and may take all such proceedings and make all such orders as may be 190 ACTS OF INCORPORATION. necessary to make a true and just assessment of the cost of such improvement according to the principles of this act, and may, from time to time, as may be necessary, continue the ap- plication for that purpose as to the whole, or any part of the premises. 34. JUDGMENT SEVERAL APPEAL, ETC. LIEN.] The judg- ment of the court shall have the effect of a several judgment as to each tract or parcel of land assessed, and any appeal from such judgment, or writ of error, shall not invalidate or delay the judgment, except as to the property concerning which the appeal, or writ of error, is taken. Such judgment shall be a lien upon the property assessed, from the date thereof, until payment shall be made. 35. JUDGMENT CERTIFIED TO CITY CLERK FILING WAR- RANT.] The clerk of the court in which such judgment is ren- dered shall certify the assessment roll and judgment to the clerk of such city or village, or if there has been an appeal or writ of error taken on any part of such judgment, then he shall certify such part of the judgment as is not included in such appeal or writ of error. The clerk of the city or village shall file such certificate in his office, and issue a warrant for the collection of such assessment. 36. FORM OF WARRANT.! The warrant in all cases of assessment under this act shall contain a copy of such certifi- cate of the judgment, describing the lots, blocks, tracts or par- cels of land assessed and the respective amounts assessed on each lot, block, tract or parcel of land, and shall be delivered to the officer authorized to collect such special assessments. Such warrant shall give sufficient authority to collect the as- sessments therein specified. 37. COLLECTOR'S NOTICE FORM OF,] The collector re- ceiving such warrant shall immediately give notice thereof by publishing such notice in one or more newspapers in such city or village, if such newspaper is there ; and if there is no such newspaper, then by posting four copies thereof in public places along the line of the proposed improvement. Such notice may be substantially in the following form : SPECIAL ASSESSMENT NOTICE. SPECIAL WARRANT NO. Public notice is hereby given that the (here insert title of court) has rendered judgment for a special assessment upon property benefited by the following improvement (here insert the character and location of the improvement in general terms) aa will more fully appear from the certified copy of the judgment on file in the office of the clerk of the city (or vil- ACTS OF INCORPORATION. 191 lage) of ; that a warrant for the collection of such assessment is in the hand* of the undersigned. All persons interested are hereby notified to call and pay the amounts assessed at the collector's office, (here insert location of office) within thirty days from the date hereof. Dated this day of , A. D. 18 Collector. 38. MANNER or COLLECTING ENTRY OF PAYMENT.] It shall be the duty of the collector into whose hands the war- rants shall so come, as far as practicable, to call upon all per- sons resident within the corporation whose names appear on the assessment roll, or the occupants of the property assessed, and personally or by written or printed notice left at his or her usual place of abode, inform them of such assessment, and request payment of the same. Any such collector omitting so to do shall be liable to a penalty of $10 for every such omission, but the validity of the special assessment, or the right to apply for and obtain judgment for any such special [assessment] shall not be affected by such omission. It shall be the duty of such collector to write the word " paid " opposite each tract or lot on which the assessment is paid, together with the name and post-office address of the person making the pay- ment, and date of payment. 39. REPORT OF 'DELINQUENT LIST TO COUNTY COLLECTOR- EVIDENCE DEFENSE.] It shall be the duty of the collector of special assessments, within such time as the City Council or Board of Trustees may by ordinance provide, to make a re- port in writing to the general officer of the county author- ized or to be designated by the general revenue law of ^this State, to apply for judgment and sell lands for taxes due* the county and State of all the lands, town lots and real property on which he shall have been unable to collect special assess- ments, with the amount of special assessments due and unpaid thereon, together with his warrant, or with a brief description of the nature of the warrant or warrants received by him authorising the collection thereof; which report shaH be ac- companied" with the oath of the collector that the list is a cor- rect return and report of the lands, town lots and real prop- erty on which the special assessments levied by authority of the city of (or village of , as the case may be,) remain due and unpaid ; that he is unable to collect same or any part thereof, and that he has given the notice r quired by law that said warrants had b< IMI received by bin for collection. Said report, when so made, shall be pnm; 192 ACTS OF INCORPORATION. evidence that all the forms and requirements of the law in relation to making said return have been complied with, and that the special assessments mentioned in said report are due andunpaid. And, upon the application for judgment upon such assessment, no defense or objection shall be made or heard which might have been interposed in the proceeding for the making of such assessment, or the application for the con- firmation thereof. 40. APPLICATION FOR JUDGMENT WHAT LAWS GOVERN.] When said general officer shall receive the report provided for in the preceding section, he shall at once proceed to obtain judgment against said lots, parcels of land and property for said special assessments remaining due and unpaid, in the same manner as is or may be by law provided for obtaining judgment against lands for taxes due and nnpaid the county and State ; and shall in the same manner proceed to sell the same for the said special assessments remaining due and un- paid. In obtaining said judgment and making said sale, the said officer shall be governed by the general revenue laws of this State, except when otherwise provided herein. [See " Revenue," ch. 120, sec. 182 seq. 41. RETURN OF SALES REDEMPTION.] After making said sales, the list of lots, parcels of land and property sold thereat, shall be returned to the office of the County Clerk, and re- demption mav be made as provided for by the general revenue law of this S"tate. [See " Revenue," ch. 120, sec. 210-215. 42. PENALTY WHEN LANDS PAID ARE SOLD FOR TAX, ETC.] If the collector shall receive any moneys for taxes or assess- ments, giving a receipt therefor, for any land or parcel of land, and afterwards return the same as unpaid to the State officers authorized to sell lands for taxes, or shall receive the same after making such return, and the same be sold for tax or assessment which has been so paid and receipted for by himself or his clerks, he and his bond shall be liable to the holder of the certificate given to the purchasers at the sale, for double the amount of the face of the certificate, to be demand- ed in two years from the date of the sale, and recovered in any court having jurisdiction of the amount; and the city or village shall, in no case, be liable to the holder of such certifi- cate. 43. PAYING OVER COMPENSATION.] The collector or col- lectors, and the general officer aforesaid to whom the said warrant shall be returned, shall pay over to the city or village treasurer to which it shall belong all moneys collected by them, respectively, upon or by virtue of such warrant, or upon ACTS OF INCORPORATION. ]93 any sale for taxes or otherwise, at such time or times, and in such manner as shall be prescribed by ordinance, and shall be allowed such compensation for their services in the collection of such assessment as the ordinances of the city or village may provide, except when such compensation is fixed by gen- eral law. 44. GENERAL REVENUE LAWS APPLY.] The general rev- enue laws of this State, in reference to proceedings to recover judgments for delinquent taxes, the sale of property thereon, the execution of certificates of sale and deeds thereon, the force and effect of such sales and deeds, and all other laws in rela- tion to the enforcement and collection of taxes and redemption from tax sales, except as herein otherwise provided, shall be applicable to proceedings to collect such special assessment. [See " Revenue," ch. 120, sec. 191-225. 45. CITY OR VILLAGE MAY BUY IN.] Any city or village interested in the collection of any tax or special assessment, may become a purchaser at any sale of any real or personal property to enforce the collection of the same, and may, by ordinance, authorize and make it the duty of one or more city or village officers to attend such sales, and bid thereat in be- half of the corporation. 46. WHEN ASSESSMENT SET ASIDE NEW ASSESSMENT.] If any assessment shall be annulled by the City Council or Board of Trustees, or set aside by any court, a new assessment may be made and returned, and like notice given and proceedings had, as herein required in relation to the first ; and all parties in interest shall have the like rights, and the City Council or Board of Trustees and court shall perform like duties and have like power in relation to any subsequent assessment, as are hereby given in relation to the first assessment. 47. SUPPLEMENTAL ASSESSMENTS.] If, in any case, the first assessment prove insufficient, a second may be made, in the same manner, as nearly as may be, and so on, until sufficient moneys shall have been realized to pay for such public improvement. If too large a sum shall, at any time, be raised, the excess shall be refunded ratably to those by whom it was' paid. 48. NEW ASSESSMENTS AGAINST DELINQUENTS LIEN LIMI- TATION.] If, from any cause, any city or village shall fail to collect, the whole or any portion of any special assessment which may be levied, which shall not be canceled and set aside by the order of any court, for any public improvement authorized to be made and paid for by special assessment, the City Council, or board of trustees, may, at any time, within 25 194 ACTS OF INCORPORATION. five years after the confirmation of the original assessment, direct a new assessment, to be made upon the delinquent property for the amount of such deficiency, and interest thereon from the date of such original assessment which as- sessment shall be made, as near as may be, in the same man- ner as is herein prescribed for the first assessment. In all cases where partial payment shall have been made on such former assessment, they shall be credited or allowed on the new assessment to the property for which they were made, so that the assessment shall be equal and impartial in its results. If such new assessment prove ineffectual, either in whole or in part, the City Council, or board of trustees, may, at any time within said period of five years, order a third, and so on, to be levied in the same manner, and for the same purpose ; and it shall constitute no legal objection to such assessment that the property may have changed hands, or been encum- bered, subsequent to the date of the original assessment, it being the true intent and meaning of this section to make the cost and expense of all public improvements, to be paid for by a special assessment, a charge upon the property assessed therefor, for the full period of five years, from the confirma- tion of the original assessment, and for such large period as may be required to collect in due course of law any new as- sessment ordered within that period. 49. CONTRACTS PAYABLE FROM ASSESSMENTS.] All per- sons taking any contracts with the city or village, and who agree to be paid from special assessments, shall have no claim or lien upon the city or village in any event, except from the collections of the special assessments made for the work con- tracted for. 50. How CONTRACTS LET APPROVAL.] All contracts for the making of any public improvement, to be paid for in whole, or in part, by a special assessment, and any work or other public improvement, when the expense thereof shall exceed $500, shall be let to the lowest responsible bidder, in the manner to be prescribed by ordinance such contracts to be approved by the Mayor or president of the boa; d of trus- tees: Provided, however, any such contract may be entered into by the proper officer without advertising for bids, and without such approval, by a vote of two-thirds of all the aldermen or trustees elected. 51. LIEN.] All special assessments levied by any city or village under this act, shall, from the date of assessment, be a lien upon the real estate upon which the same may be imposed, and auch lien shall continue until such special as- ACTS OF INCORPORATION. 195 sessments are paid. And the same proceedings may be re- sorted to by the collector, upon any warrant or order issued or made for the collection of special assessments, as in the case of the collection of state and county taxes under the gen- eral laws of the state. 52. COLLECTION BY SUIT.] At any time after the same becomes due, it shall, and may be, lawful for any collector thereof to commence suit in any court of record, in the cor- porate name of such city or village, against any person or persons, for the total amount of special assessments which such person or persons, are liable for the payment of. Such suit shall be commenced by petition, and shall state the several amounts of the special assessments sought to be recovered, and give a general description of the war- rant or warrants issued for the collection thereof. Upon the filing of the petition a summons shall be issued, served and returned as in other suits in such court. Upon the re- turn of such summons, duly served, the court shall forthwith proceed to the hearing of said petition without formal plead- ings, and may render judgment for all, or any part, of the special assessments, as the right and justice of the case may require. The original, or a certified copy (by the clerk, under the corporate seal,) of such warrant or warrants and list or lists, or so much thereof as refers to the special assessments sought to be recovered, shall be prima facie evidence of the right of said collector to a judgment in favor of such corpo- ration. Execution shall issue on such judgment, as in other cases, but such execution may be first levied upon and col- lected from any personal property of the defendant ; or the court, in which such proceedings were had, may, upon com- plaint of the city or village, issue a scire facias against the per- son or persons liable for such payment, to show cause why execution should not issue against him or them for the amount of such assessment; and if, upon the return of such scire facias, good cause is not shown why execution should not issue, the court may award execution against such person or persons in the usual form of execution upon judgments at law. 53. SUPPLEMENTAL PETITION TO ASSESS BENEFITS IN CON- DEMNATION CASE.] "Whenever any city or village shall apply to any court for the purpose of making just compensation for property taken or damaged by such proceedings as are author- ized by this act, such city or village may file in the same pro- ceeding a supplemental petition, praying the court to cause that an assessment be made for the purpose of raising the 196 ACTS OF INCORPORATION. amount necessary to pay the compensation and damages which may be, or shall have been, awarded for the property taken or damaged, with the costs of the proceeding. The said court shall have power, at any time after any such supplemental pe- tition shall have been filed, to appoint three commissioners to make such assessment, and to ascertain, as near as may be, the costs incurred to the time of such appointment, and the probable furthercosts of the proceedings, including therein the estimated costs of making and collecting such assessment, and shall direct such costs to be included by such commission- ers in making said assessment. Like proceedings in making said assessment shall be had, and the assessment shall be made, collected and enforced in the same manner, as near as may be, as is provided in this article in other cases. [As amended by act approved and in force March 30, 1834. 54. ADOPTION OF THIS ARTICLE.] Any city or incorpo- rated town or village may, if it shall so determine by ordi- nance, adopt the provisions ol this article without adopting the whole of this act ; and where it shall have so adopted this article, it shall have the right to take all proceedings in this article provided for, and have the benefit of all the provis- ions hereof. PART III. OTHER LAWS AFFECTING THE CITY OF BLOOMINGTON. ANNEXING AND EXCLUDING TERRITORY. An Act to Provide for Annexing and Excluding Territory to and from Cities, Towns and Villages, and to unite Cities, Towns and Villages. [Approved April 10, 1872. In force July 1, 1872. J SECTION 1. Petition to be annexed annexing. 2. Annexing one corporation to another. 3. Proceedings by corporation to annex territory. 4. Notice of proceedings. 5. Objections to annexation trial. 6. Finding costs, etc. 7 Proceedings by owner to be annexed. 8. Proceedings to disconnect. 9. Map and ordinance recorded. 10. School districts. 11. Judicial notice. SECTION 1. PETITION TO BE ANNEXED.] Be it enacted by the People of the State of Illinois, represented in the General Assembly : That on petition, in writing, signed by not less than three- fourths of the legal voters, and by the owners of not less than three-fourths (in value) of the property in any territory con- tiguous to any city or incorporated village or town, and not embraced within its limits, the City Council or board of trus- tees of said city, village or town (as the case may be) may, by ordinance, annex such territory to such city, village or town, upon filing a copy of such ordinance, with an accurate map of the territory annexed (duly certified by the Mayor of the citv or president of the board of trustees of the village or town), in the office of the recorder of deeds in the county where the annexed territory is situated, and having the same recorded therein : Provided^ that no portion, less than the 200 LAWS AFFECTING THE CITY. whole of an incorporated city, town or village, shall be an- nexed to another incorporated city, town or village, except in the mode provided in this act for the annexation of the whole of an incorporated city, town or village, to another city, town or village. 2. ANNEXING ONE CORPORATION TO ANOTHER.] Any incor- porated city, village or town may be annexed to another in- corporated city, village or town, by ordinance passed by a two-thirds vote of all the aldermen or trustees elect of each corporation desiring annexation: Provided, such annexation shall not affect or impair any rights or liabilities either in favor of or against such corporations ; and suits founded upon such rights and liabilities may be commenced, and pending suits may be prosecuted and carried to final judgments and execution, the same as if such annexation had not taken place. In making such annexation, the corporations so uniting may, by ordinance, fix the terms of the annexation, which shall have the force and effect of a binding contract : Provided, how- ever, that no such ordinance shall be of any binding force or effect until submitted to a vote of the legal voters of such city, town or village, at a general election thereof, and adopted by a majority of all the voters voting thereon at such election, notice of which shall be given at the same time and in the same manner as required for the election of the officers of such city, town or village : And provided, also, that the vote shall be by ballot, which shall be " for union ordinance," or " against union ordinance," and shall be received, canvassed and re- turned the same as ballots for municipal officers of such city, town or village. 3. PROCEEDINGS BY CORPORATION TO ANNEX TERRITORY.] When any incorporated city, village or town shall desire to annex any contiguous territory thereto, and the same shall not have been petitioned f 1+C! T%f* onr* rvts-\ after its passage. SCHOOLS. An Act to Establish and Regulate a System of Public Schools in the City of Bloomington. [In force Feb. 16th, 1857.] SECTION 1. Election of Board term of office. 2. Board to elect officers Treasurer, etc. 3. City exempt from jurisdiction of Trustees distribution of funds etc 4. Meetings quorum, etc. 5. Power of Board city to constitute one district. 6. Board to establish schools admission, etc. 7. Power to make rules, etc. 8. Reports of Board tax, etc. 9. Titles of school property to be in Board. 10. Examiners dates of, etc. 11. School examinations. ' 12. Repeal. 13. When to take effect. SECTION 1. ELECTION OF BOARD TERM OF OFFICE.] Be it en- acted by the People of the State of Illinois, represented in the General Assembly: That there shall be elected biennially in the city of Bloomington, b}^ the qualified electors of said city, a Board of Education, to consist of seven members, which shall be denominated the Board of Education, and the per- sons so elected shall be residents of said city, and shall hold their office for the term of two years, and until their succes- sors shall be elected and qualified. The first election for said members of the Board of Education shall be holden on the first Monday in April, A. D. 1857, and on the first Monday of April biennially thereafter. The meetings for said election shall be notified and called, and the poll book opened and kept, the votes canvassed and the returns made in the same manner as the election of Mayor and aldermen ; the seven persons having the highest number of votes shall be declared elected, and the City Clerk immediately upon the result of 220 LAWS AFFECTING THE CITY. the election being made known by the proper returns, shall notify the several persons so elected of their election. 2. BOARD TO ELECT OFFICERS TREASURER, ETC.] The Board of Education shall, within two days after their election, or as soon thereafter as convenient, meet within said city, the time and place of meeting shall be made known to all the members of said Board in writing, by any two of the persons so elected ; when convened, the Board shall organize by elect- ing one of their number President, and appointing by ballot some competent person to be Secretary of said Board, who may or may not be a member of the Board, and also appoint a Treasurer. The President shall preside at all meetings of the Board and perform all the duties of a presiding officer. The Secretary shall keep a record of the proceedings of the Board in a book to be provided for that purpose by the Board, and shall perform such other duties in relation to the achools in said city as shall be required of him by the rules and regu- lations to be made and established by the Board. The Presi- dent, Secretary and Treasurer shall hold their offices for the term of two years, and until their successors shall be elected and qualified. The Secretary and Treasurer shall be subject to removal for good cause, by a vote of a majorit} 7 of said Board, and in case of such removal, the Board shall appoint a competent person to fill the vacancy. The Treasurer shall give bond with good and sufficient securities to the city of Bloomington, such bond to be approved by said Board in such sum as the Board shall determine, but to be in all cases as nearly as can be ascertained, in double the amount of all moneys that will at any one time come into his hands, and conditioned for the performance of his duties as such Treas- urer, and especially faithfully to keep, and from time to time to pay over upon the order of the Board all moneys that he shall receive as such Treasurer, and for any breach of the condi- tions of said bond, as such shall be prosecuted in the name of said city against the said Treasurer, under the direction and supervision of the said Board, and all moneys realized from a judgment recovered against any Treasurer for a breach of the conditions of his bond, shall go into the treasury of the Board, to be used as other school moneys are used. The Treasurer shall keep a true and accurate account of all moneys received and paid out by him, for what purposes, upon what and whose account. But he shall pay out no money except upon order of the Board ; for all money paid out he shall take and file with the papers of his office proper vouchers. He shall settle LAWS AFFECTING THE CITY. 221 his account with the Board at least once in each year, and oftener if the Board shall so require. 3. ClTY EXEMPT FROM JURISPICTION OF TRUSTEES DISTRI- BUTION OF FUNDS, ETC.] The said city of Bloomington shall be exempt from the jurisdiction of Trustees of Schools in the township in which said city of Bloomington is located, so far as common schools are concerned, and the School Com- missioner of McLean county shall, in the distribution of the school fund that may come into his hands, apportion so much of the school fund as the city of Bloomington may be entitled to, upon a pro rata distribution of said funds among the seve- ral townships of said county to the said city of Bloomington, and upon the filing of the bond of the Treasurer of the said Board of Education, the said School Commissioner shall pay over to the said Treasurer the amount due said city. All taxes levied in accordance with the provisions of this act, shall be paid over by the officer collecting the same, to the Treasurer of the Board of Education, and upon all moneys passing through his hands, the said Treasurer shall be allowed to re- tain two per centum. If any vacancy shall occur in the Board of Education between the times of the biennial election, by death, resignation or removal from the limits of the city, the remaining members of the Board shall fill said vacancy by appointment, and the person so appointed shall hold his office until the next biennial election for members of the Board. The said Board of Education shall be capable of contracting and being contracted with, suing and being sued, pleading and being impleaded, in any court of law or equity in this btate, and shall also be capable of receiving any gift, grant, dona- tion or devise made for the use of the common schools in said city. 4. MEETINGS QUORUM, ETC.] The said Board shall hold their meetings at such times and place as they may think proper ; that any four of said Board shall constitute a quorum ; that special meetings may be called by the President or any two members of the Board, on giving two days' notice of the time and place of holding such meetings, but at no special meeting except all the members of the Board are present, shall any resolution in relation to sites for school houses, or financial resolution or order be passed, unless the two days notice as aforesaid be given, and the subject or subjects acted on be specified in the notice. 5 POWER OF BOARD CITY TO CONSTITUTE ONE DISTRK The said Board of Education shall have the entire manage- ment and control of all the common schools in said city c 222 LAWS AFFECTING THE CITT. Blooraington, and of all the houses, lands and appurtenances already provided and set apart for common school purposes, as well as those hereafter to be provided for the same purposes, and the said city of Blooraington shall, from and after the first Monday of April next, constitute but one school district, and all moneys accruing to said district for school purposes under any law of this State, shall be paid over to the Treas- urer of said Board of Education. 6. BOARD TO ESTABLISH SCHOOLS ADMISSION, ETC.] It shall be the duty of said Board of Education, so soon as they may realize sufficient funds for the purpose, to establish within the bounds of the city of Bloomington, a sufficient number of primary, secondary and grammar schools to* accommodate all the children of said city, and they shall also establish a city high school, in said city, of a grade above the grammar school. To each school in this system there shall be gratuitous admission for the children, wards and apprentices of all the residents of the city of Bloomington, and of such other per- sons living in the immediate vicinity as may own property, charged with a school tax in said city of Bloomington, with the following restrictions, viz : No pupil shall be admitted to the secondary, grammar or high schools who fails to sustain a thorough examination in the studies of the school of the next lower grade, and the teachers in either school shall have power in accordance with the rules and regulations of the Board of Education, to exclude pupils for misconduct or non-attend- ance. 7. POWER TO MAKE RULES, ETC.] The said Board of Edu- cation shall have power to make and enforce all necessary rules ^and regulations for the government of teachers and pupils in said schools, to employ teachers, male and female, from among those who have received a certificate from the city ex- aminers, and pay them a suitable compensation ; to purchase all necessary books and apparatus ; to select sites for school houses, and superintend the building of the same upon their own plan, and to pay for the lands and houses and furniture, as well as the other expenses of said school system, from the public moneys in the hands of the Treasurer of said Board. 8. REPORTS OF BOARD TAX, ETC.] The said Board of Education, within thirty days after their organization, shall report to the City Council of the city of Bloomington, the number and description of buildings necessary for the pur- poses of common schools in said city, which report shall be in writing, and shall specify the amount of money necessary to be raised to meet the expenses of erecting such buildings, LAWS AFFECTING THE CITY. 223 and said Board shall also specify in said report the amount of money necessary to be raised in addition to the money accru- ing to said city under the General School Law of this State,' to defray all the other expenses of said school system durin-- the current year, and thereupon the said City Council shall proceed to levy a tax sufficient to meet such expenses of build- ing and repairing school houses, and the expenses attendant upon the maintenance of said free schools in said city during the whole year, customary vacations only excepted, said taxes to be levied and collected as the other taxes of said city are or may be collected : Provided, Said tax shall not exceed five mills on the dollar of the taxable property of said city, and it shall be the duty of said Board, on or before the first Monday in April in every year thereafter, to make a report in writing to the City Council of all moneys received, how and for what purpose expended, with the proper vouchers, and give such other information in relation to said schools as they may deem important, specifying in said annual report the amount of money necessary to be raised by taxation to defray the ex- penses of said school system, and the City Council shall, an- nually, upon the coming in of such report, and within thirt} r days thereafter, proceed to levy a tax sufficient to meet such expenses, to be levied and collected as the other taxes of said city : Provided, Said taxes shall not exceed five mills on the dollar of the taxable property of said city, and the said City Council shall cause all such reports of the Board of Education to be published, or so much thereof as they may deem neces- sary, the reports being left with the Mayor of the city, open to public inspection. 9. TITLES OF SCHOOL PROPERTY TO BE IN BOARD.] All legal titles to land and houses and other property used for common school purposes in said city of Bloomington, shall vest in said Board of Education at the taking effect of this act ; and all titles acquired thereafter shall be in the name of said Board of Education ; and said Board of Education shall have power to sell, lease and convey any and all of the lands and tene- ments held under and by virtue of this act, and to purchase other lands and tenements in more eligible positions. 10. EXAMINERS DUTIES OF, ETC.] The said Board of Education shall, immediately upon their election as herein- before provided, appoint three competent persons to serve as school examiners of said city, all of whom shall be citizens ot Bloomington, to serve for two years, one of whom they shall designate as City School Superintendent, and it shall be hie dutv to visit, inspect and exercise a general control over said 224 LAWS AFFECTING THE CITY. system of schools, subject to the direction of said Board, and be compensated for his service as said Board may from time to time determine, and biennially thereafter said Board shall appoint three competent persons to act as school examiners for said city ; the said examiners, or any two of them, shall examine such persons as shall apply for that purpose, and if they find the applicant qualified to teach, they shall give him or her a certificate naming the branches he or she is found qualified to teach, showing that they have inquired into his or her character, and believe it to be moral and good, and that he or she is qualified to govern and teach ; the said examiners shall also recommend suitable text- books to be adopted by the said Board of Education for the use of schools, and serni- annually report the condition of said schools to the City Coun- cil, the publication of which shall be at the discretion of the said Council. 11. SCHOOL EXAMINATIONS.] Annually at such time as the Board shall appoint public examinations of all the schools shall be had, under the direction of the Board of Education and the examiners. 12. REPEAL.] So much of the General School Law, and so much of all other laws of this State, general or local, as may be inconsistent with this act, are repealed as to said city of Bloomington. 13. WHEN TO TAKE EFFECT.] This act shall take effect from and after its passage. An Act to provide Amendments to the Bloomington School Law. [Approved Feb. 16, 1865.] SECTION 1. Amendment of school law. 2. Section ten amended. 3. Place of holding elections. 4. Power of Board to borrow money. 5. Approval of these amendments. SECTION 1. AMENDMENT OF SCHOOL LAW.] Be it enacted by the People of the State of Illinois, represented in the General Assem- bly: That the act entitled "An act to establish and regulate a system of Public Schools in the City of Bloomington;" ap- proved February 16, 1857, be and the same is hereby amended as follows, to- wit: The words, "and of such other persons living in the immediate vicinity as may own property charged with a school tax in said city of Bloomington," in the sixth section of said act, are stricken out. Also, in the eighth sec- tion of said act, the word " five," in both places where it oc- LAWS AFFECTING THE CITY. 225 curs before the word " mills," shall he and is herehy changed to " ten," so that it shall read in both places ten mills on the dollar of the taxable property of said city, instead of " five " mills. 2. SECTION TEN AMENDED.] That the tenth section of said act be and is hereby so amended that the said Board of Edu- cation are hereby authorized to choose the " examiners" pro- vided for in said section, one or all of them, from the mem- bers of said Board. 3. PLACE OF HOLDING ELECTIONS.] That hereafter all elec- tions under said school law shall be held at one place, to-wit : At the court house in said city of Bloomington, instead of in the several wards as heretofore. 4. POWER OF BOARD TO BORROW MONEY.] That the said Board of Education are hereby authorized to borrow money upon the signature of its President and Secretary, (having been previously authorized to do so by the Board at one of its legal meetings,) at a rate of interest not to exceed ten per cent, per annum, for the purpose of purchasing sites, building and repairing school houses, or furnishing the same, to an amount not to exceed for any one loan one-half of the prob- able sum to be realized from the taxes of the succeeding year, to be paid out of said taxes when collected in all cases. 5. APPROVAL OF THESE AMENDMENTS.] These amend- ments shall take effect and be in force from and after their approval by the legal voters of said city at the regular election for the members of the Board of Education, in April next, (1865,) at which election the question shall be submitted in the following manner : Ballots shall be prepared " for the amendments to the school law," and " against the amendments to the school law;" and if more votes shall be cast for than against said amendments, then said amendments shall, from that date, be and become a part of the school law for said city of Bloomington. But if more votes shall be cast against than for said amendments, then said amendments shall not become a portion of said school law. 29 226 LAWS AFFECTING THE CITY. An Act to amend an act entitled, "An Act to Establish and Regulate a System of Public Schools in the City of Bloom- ington." [Approved Feb. 22, 1867.] SECTION 1. Amendment. _. Purpose of amendment. 3. Power to issue bonds. 4. To whom payable how executed. 6. Bonds due how met. 6. Bonds to be a lien, etc. 7. When in force. SECTION 1. AMENDMENT.] Be it enacted by the People of the Stale of Illinois, represented in the General Assembly : That the Act entitled "An act to establish and regulate a system of Public Schools in the city of Bloomington," be, and the same is hereby amended as follows: 2. PURPOSE OF AMENDMENT.] That in addition to the power and authority vested in the Board of Education of the city of Bloomington by the act to which this is an amend- ment, and the former amendment thereto, and" for the pur- pose of enabling said Board to purchase proper sites for school houses, to erect suitable buildings thereon, and to finish and furnish all of their school houses in a proper manner, the said Board of Education shall have the power, and they are hereby vested with the authority following: 3. POWER TO ISSUE BONDS.] To issue bonds of such de- nominations and in su^ch sums as they may deem proper, not to exceed in the aggregate the sum of one hundred thousand dollars, bearing interest payable annually or semi-annually, at a rate not to exceed ten per cent, per annum. Said bonds to be made payable not less than five years nor more than twenty years from their dates, respectively, and not to exceed ten thousand dollars of said bonds, shall be made payable or fall due in any one year. 4. To WHOM PAYABLE HOW EXECUTED.] That each and all of said bonds, so to be issued as aforesaid, shall be made payable to the order of some particular person therein set forth and named, and shall be executed by the Board of Edu- cation, under their seal, by and through their President and Secretary, and shall also be countersigned by the Treasurer of said Board. And it shall also be the duty of the said Sec- retary and Treasurer, each to keep in a book provided for that purpose, an accurate list of all bonds so issued, with a full description thereof. 5. BONDS DUE HOW MET.] On any year hereafter when the principal of any series of said bonds shall fall due ; or on LAWS AFFECTING THE CITY. 227 any year when the interest upon said bonds shall accrue to a larger amount than there shall be funds in the hands of the Treasurer of said Board to pay from the present tax now authorized to be levied by law, the said Board of Education shall, in their annual report preceding the falling due of said bonds, or the accruing of said interest, (as provided for in section eight of the act to which this is an amendment,) certify to the City Council of said city, the amount so to fall due and become payable, by the maturity of said bonds or the accruing of said interest in addition to the other expenses and moneys to be raised by tax, and reported to said Council as provided in said section eight of said original act, and the said City Council shall thereupon proceed to levy a tax sufficient to meet the amount so to fall due by the maturity of said bonds or the accruing of said interest, in addition to the amount now authorized by said original act and an amendment there- to, to be levied and collected : Provided, That the additional tax authorized to be levied and collected by this act shall not exceed in any one year one cent on the dollar of all the tax- able property of said city, and the said additional tax shall be collected, paid over and treated in all respects in the same manner as other taxes levied for school purposes by said city, as provided for in said original act, and the said amendment thereto. 6. BONDS TO BE A LIEN, ETC.] All the real estate, build- ings and property of said Board of Education in said city, shall be liable for the payment of said bonds and the interest thereon, and the said bonds shall be and become a lien upon said real estate from their date, and in the order in which the same are issued, and shall so remain until the full payment thereof. 7, WHEN IN FORCE.] This act shall take effect and be in force from and after its passage. 228 LAWS AFFECTING THE CITY. An Act to amend an act entitled " An Act to establish and regulate a system of public schools in the City of Blovm- ington," approved February 2, 1857, and amendments thereto. [In force, March 31, 1869.] SECTION 1. School law amended. " 2. Amendmendment of sec. 2. " 3. Raising money vote tax, etc. " 4. Repeal . " 5. When in force. SECTION 1. SCHOOL LAW AMENDED.] Be it enacted by tJie Peo- ple of the State of Illinois, represented in the General Assembly : That an act entitled "An act to establish and regulate a sys- tem of public schools in the City of Bloomington," approved February 22, 1857, and amendments thereto, be and the same is hereby amended, as follows, to-wit : That the board of edu- cation of [the] city of Bloomington shall, at their first meet- ing after the election to be holden on the first Monday of April, A. 1). 1869, draw lots for their respective terms of office two to serve one year, two to serve two years, and three to serve three years, and until their successors in office are elect- ed and qualified. And hereafter elections shall be held annu- ually, on the first Monday of April, to fill all vacancies: Pro- vided, if any vacancies shall occur in the said Board of Educa- tion between the times of the said annual elections, the re- maining members of said Board of Education shall fill said vacancies by appointment ; and the person or persons so ap- pointed shall hold said office until the next annual election for members of said board : And, provided, also, that all school elections in the City of Bloomington shall be exempt from all the registry laws of the State. 2. AMENDMENT OF SEC. 2.] That the second section of this act be and is hereby so amended that the clause, " by any two persons so elected," shall read, " by the secretary of the board;" and also the clause, " for the term of two years," be so amended as to read, " for the term of one year ;" also section ten (10) of the same act be so amended that the clause, " to serve two years, one of whom they shall designate city school superintendent," as to read, " to serve for the term of one year, and shall have power to elect a city school superin- tendent" (who shall be a member of the committee of school examiners,) at such time and in such manner as shall be fixed by the rules and regulations of the Board, and it shall be his duty to visit," etc., as provided in said act. 3. RAISING MONEY VOTE TAX, ETC.] That the said Board of Education shall have power, when, in their judg- LAWS AFFECTING THE CITY. 229 \ ment, more money is required than is now provided for in said act, and amendments thereto, by taxation or otherwise, to build additional school buildings, to purchase grounds, or to make additional improvements on buildings, grounds or fur- niture, to call a school election of the qualified voters of said City of Bloorningtou, by giving twenty days' notice, to vote whether the Board of Education shall be authorized to issue and sell additional bonds, or be empowered to levy additional taxes for said purposes ; and said notice shall specify the amount of bonds to be issued or tax to be assessed, and the purposes for which they are to be used ; and 'if a majority of the votes cast at such election shall be in favor of issuing such additional bonds or levying such additional taxes, then it shall be lawful for said Board of Education to execute said bonds in the same manner as provided in said act, or levy said tax, and use the amount of money so voted on [the] same con- ditions and in the same manner as authorized by amendment to school law, approved February 22, 1867 : Provided, that the amount of additional indebtedness, by bonds so voted, shall at no time exceed the sum of one hundred thousand dol- lars, nor shall the taxes so voted exceed in any one year one per cent, of all the taxable property of said city, in addition to that which is now authorized by said act, and amendments thereto. 4. REPEAL.] All acts or parts of acts in conflict with the provisions of this amendment are hereby repealed. ' 5. WHEN IN FORCE.] This act shall take effect and be in force from and after its passage. SEWERAGE AND WATER TAXES- An Act in relation to the levy and collection of Taxes for Sewerage and Water Works in the cities of this State tn may have established a system of Sewerage and Water Works for such city. [Approved and in force April 22, 1871.] SECTION 1. Sewerage fund tax. " 2. Water fund tax. 3. Emergency. SECTION 1 SEWERAGE FUND TAX.] Be it enacted by the Peo- Vkoftie United State* represented in the General Assembly : That the legislative authority of any such city which now has 230 LAWS AFFECTING THE CITY. / or may hereafter have established a system of sewerage for such city, shall have power, annually, to levy and collect a tax upon the taxable real and personal estate of any such city, not to exceed one mill on a dollar, for the extension and laying of sewers therein and the maintenance of such sewers, which tax shall be known as "The Sewerage Fund Tax," and shall be levied and collected in the same manner that other general taxes of any such city are levied and collected : Provided, however, that the board of public works of such city, if any, or the head of the sewer department of such city, shall first certify to such legislative authority the amount that will be necessary for such purpose. 2. WATER FUND TAX.] The legislative authority of any stichcity which now has or which may hereafter have established water works, for the supply of water to the inhabitants there- of shall have power to annually levy and collect a tax upon the taxable real and personal estate of any such city, not to exceed one mill on the dollar, for the extension of water mains or pipes therein, and the maintenance of such water works, which tax shall be known as " The Water Fund Tax," and shall be levied and collected in the same manner that other general taxes of any such city are levied and collected ; Provided, however, that the board of public works of such city, if any, or the head of the water department of such city, shall first certify to such legislative authority the amount that will be necessary for such purposes, and shall further certify that the revenue or income from such water works will be insuffi- cient therefor. 3. EMERGENCY.] Whereas the health and good govern- ment of such cities require that they severally possess the power and authority conferred by this act upon such cities, and the officers thereof, without any delay, it is hereby de- clared that an emergency exists that this law should be in force from and after its passage.. LAWS AFFECTING THE CITY. 231 SIDEWALKS IN CITIES, TOWNS AND VILLAGES. An Act to Provide Additional Means for the Construction of Sidewalks in Cities, Towns and Villages. [Approved April 15, 1875. In force July 1, 1875.] SECTION 1. Sidewalks by taxation. 2. What ordinance may provide. 3. In case owner neglects to construct. 4. Special tax duty of clerk -report u?h^ al ffl , cer Mj toln J udgment-by what law governed. 6. When constructed by owner may obtain order. SECTION 1. SIDEWALKS BY TAXATION.] Be it enacted by the People of the State of Illinois, represented in the General Assembly , That, in addition to the mode now authorized by law, any city or incorporated town or village may, by ordinance,' pro- vide for the construction of sidewalks therein, or along or upon any street or part of street therein, and may, by such ordinance, provide for the payment of the whole or any part of the cost thereof by special taxation of the lot, lots or par- cels of land touching upon the line where any such sidewalk shall be ordered, and such special taxation maybe either by a levy upon any lot of the whole, or any part of the cost of making any such sidewalk in front of such lot or parcel of land, or by levying the whole or any part of the cost upon each of the lots or parcels of laud touching upon the line of such sidewalk, pro rata upon each of said lots or parcels, ac- cording to their respective values the values to be deter- mined by the last preceding assessment thereof for the purpose of state and county taxation ; or the whole or any part of the cost thereof may be levied upon such lots or parcels of land in proportion to their frontage upon such sidewalks, or in pro- portion to their superficial area, as may be provided by ordi- nance ordering the laying down of such sidewalk ; and in case such ordinance shall only require the payment of a part of the cost of such sidewalk to be paid by a special tax as aforesaid, then the residue of such cost shall be paid out of any fund of such city, town, or village, raised by general tax- ation upon the property thereof, and not otherwise appro- priated. 2. WHAT ORDINANCE MAY PROVIDE.] Said ordinance shall define the location of such proposed sidewalk with reasonable certainty, shall prescribe its width, the materials of which it shall be constructed, and the manner of its construction, and 232 LAWS AFFECTING THE CITY. may provide that the materials and construction shall be under the supervision of, and subject to, the approval of some officer or board of officers of such city, town and village, to be designated in said ordinance. Said ordinance shall be pub- lished as required by law for other ordinances of said city, town or village, and may require all owners of lots or parcels of land touching the line of said proposed sidewalk to con- struct a sidewalk in front of their respective lots or parcels in accordance with the specifications of said ordinance, within thirty days after such publication, and in default thereof, said materials to be furnished and sidewalk constructed by said city, town, or village, and the cost, or such part thereof as may be fixed in said ordinance, may be collected from the re- spective owners of said lots or parcels of land as hereinafter provided. 3. IN CASE OWNER NEGLECTS TO CONSTRUCT.] In case of the default of any lot owner or owners to construct the sidewalks, as required by ordinance, and the same shall be constructed by the city, town, or village, the cost thereof, or such part of the cost thereof as may have been fixed by said ordinance, may be recovered of the owners so in default by an action of debt in the name of the city, town, or village, against such owners respectively, in any court of competent jurisdiction, or upon the completion of the work by such city, town, or vil- lage. Such ordinance may provide that a bill of the cost of such sidewalk, showing in separate items the cost of grading, materials, laying down, and supervision, shall be filed in the office of the clerk of such city, town, or village, certified to by the officer or board designated by said ordinance to take charge of the construction of said sidewalk, together with a list of the lots or parcels of land touching upon the line of said sidewalk, the names of the owners thereof, and the front- age, superficial area, or assessed value as aforesaid, according as said ordinance may provide for the levy of said costs by frontage, superficial area, or assessed value; whereupon said clerk shall proceed to prepare a special tax list against said lots or parcels, and the owners thereof, ascertaining by com- putation the amount of special tax to be charged against each of said lots or parcels and the owners thereof, on account of the construction of said sidewalk, according to the rule fixed for the levy, of such special tax by said ordinance, which special tax-list shall be filed in the office of said clerk ; and said clerk shall thereupon issue warrants directed to such officer as may be designated in such ordinance, for the collec- tion of the amount of special tax so ascertained and appear- LAWS AFFECTING THE CITY. 233 ing from said special tax-list to be due from the respective owners of the lots or parcels of land touching upon the line of said sidewalk ; and such officer shall proceed to collect such warrants in the same manner as constables are author- ized to collect executions, and make return thereof, together with the moneys collected, to the clerk of such city, town, or village, within sixty days from the date of their issue ; and in case any such warrant shall be returned, as to the whole or any part thereof, " no property found," other warrants may issue, and proceedings by garnishment may be resorted to, as in cases of garnishment in aid of the collection of judgments at law, and all moneys so collected and paid over to said clerk shall be, by him, immediately paid over to the treasurer of said city, town, or village. 4. SPECIAL TAX DUTY OF CLERK REPORT.] Upon failure to collect such special tax as heretofore provided in this act, it shall be the duty of said clerk, within such time as such or- dinance may provide, to make report of all such special tax, in writing, to such general officer of the county as may be au- thorized by law to apply for judgment against, and sell lands for taxes clue county or state, of all the lots or parcels of land upon which such special tax shall be so unpaid, with the names of the respective owners thereof, so far as the same are known to said clerk, and the amount due and unpaid upon each tract, together with a copy of the ordinance ordering the construction of said sidewalk, which report shall be accom- panied by the oath of the clerk that the list is a correct return of the lots and parcels of land on which the special tax levied by authority of said city, town, or village, for the cost or par- tial cost (as the case may be) of the sidewalk in said ordinance specified, remains due and unpaid, and that the amounts therein stated as due and unpaid have not been collected, nor any part thereof. Said reports, when so made, shall be prima facie evidence that all the forms and requirements of the law in relation to making such return have been complied with, and that the special tax, as mentioned in said report, is due and unpaid. 5. GENERAL OFFICER TO OBTAIN JUDGMENT BY WHAT LAWS GOVERNED.] When said general officer shall receive the afore- said report, he shall atonce proceed to obtain judgment against said lots or parcels of land for said special tax remaining due and unpaid, in the same manner as may be provided by law for obtaining judgment against lands for taxes due and unpaid county and state, and shall in the same manner proceed to sell the same for the said special tax due and unpaid. In obtam- 30 234 LAWS AFFECTING THE CITY. ing said judgment and making said sale, the said officer shall be governed by the general revenue laws of the state, except when otherwise provided herein, and said general laws shall also be applicable to the execution or certificates of sale, and deeds thereon, and the force and effect of such sales and deeds ; and all other laws in relation to the enforcement and collection of taxes, and redemption from tax sales, shall be applicable to proceedings to collect such special tax, except as herein otherwise provided. 6. WHEN CONSTRUCTED BY OWNER MAY OBTAIN ORDER.] Whenever payment of the costs of any such sidewalk is re- quired to be made in part by special tax, and in part out of any general fund of such city, town, or village, and the owner of any such lot or parcel of land shall construct such sidewalk in accordance with the ordinance providing for its construc- tion, such owner shall file with the clerk of such city, town, or village, an itemized statement of the cost of such sidewalk so constructed, by him verified by affidavit, together with a certificate of the officer or board directed by such ordinance to superintend the construction thereof, that such sidewalk has been constructed and fully completed by such owner in accordance with such ordinance, and the council of such city, town, or village shall thereupon, at its first meeting thereafter', allow and order to be issued to such owner, an order on the treasurer of such city, town, or village, for the cost of the construction of such sidewalk, less the amount of special tax chargeable to the lot or parcel of land of such owner on the line of which such sidewalk has been so constructed. WATER WORKS. An Act authorizing Cities, Incorporated Towns and Vil- lages to construct and maintain Water Works. [Approved and in force April 15, 1873.] SECTION 1. Power to supply water letting contract. 2. Borrow money tax. 3. May acquire property for works, etc. 4. Rules tax assessment lien. 5. Special assessment. 6. Separate fnnd. 7. When act not apply. - 8. Emergency. SECTION 1. POWER TO SUPPLY WATER LETTING CONTRACT.] Be it enacted by the People of the State of Illinois, represented in the General Assembly : That all cities, incorporated towns and vil- LAWS AFFECTING THE CITY. 235 lages in this State be and are hereby authorized, and shall have power to provide for a supply of water for the purposes of fire protection, and for the use of the inhabitants of such cities, incorporated towns or villages, by the erection, construction [and] maintaining of a system of water works : Provided, that all contracts for the erection or construction of any such works, or any part thereof, shall be let to the lowest responsible bid- der therefor, upon not less than three weeks' public notice of the terms and conditions upon which the contract is to be let having been given, by publication in a newspaper published in such city, town or village ; or if no newspaper is published therein, then in some newspaper published in the county ; And, provided further, that no member of the City Council or Board of Trustees, or Mayor, shall be directly or indirectly interested in any such contract; and in. all cases the Council or Board of Trustees, as the case may be, shall have the right to reject any and all bids that may not be satisfactory to them. 2. BORROW MONEY TAX.] Such cities, incorporated towns and villages may borrow money and levy and collect a feneral tax in the same manner as other municipal taxes may e levied and collected, for the erection, construction and maintaining of such water works, and appropriate money for the same. 3. MAY ACQUIRE PROPERTY FOR WORKS, ETC.] For the purpose of erecting, constructing, locating, maintaining or supplying such water works, any such city, incorporated town or village may go beyond its territorial limits, and may take, hold and acquire property and real estate, by purchase or oth- erwise ; and shall also have the power to take, hold and acquire and condemn any and all necessary property and real estate for the location, erection, construction and maintaining of such water works, in the manner provided for the taking and condemning of private property for public use ; and may also acquire and hold real estate and other property and rights necessary for the location, erection, construction and mainte- nance of such water works by purchase or otherwise ; and the jurisdiction of such city, town or village to prevent or punish any pollution or injury to the stream or source of water for the supply of such water works, shall extend ten miles beyond its corporate limits. 4. RULES TAX ASSESSMENT LIEN.] The Common Council of such cities, or Trustees of such towns or villages, shall have power to make and enforce all needful rules and regula- tions in the erection, construction and management of such water works, and for the use of water supplied by the same. 286 LAWS AFFECTING THE CITY. And such cities, towns and villages shall have the right and power to tax, assess and collect from the inhabitants thereof such tax, rent or rates for the use or benefit of water used or supplied to them by such water works, as the Common Council or Board of Trustees, as the case may be, shall deem just and expedient. And all such water taxes, rates or rents shall be a lien upon the premises and real estate upon or for which the same is used or supplied. And such taxes, rents or rates shall be paid and collected, and such lien enforced, in such manner as the Common Council shall, by ordinance, direct and provide. 5. SPECIAL ASSESSMENT.] The expense of locating, erect- ing and constructing reservoirs and hydrants for the purpose of fire protection, and the expense of constructing and laying water main pipes, or such part thereof as may be just and lawful, may be assessed upon and collected from the property and real estate specially benefited thereby, if any, in such manner as may be provided for the making of special assess- ments for other public improvements in such cities, towns or villages. 6. SEPARATE FUND.] All the income received by such cities, towns or villages from such water works, from the pay- ment and collection of water taxes, rents or rates, shall be kept in a separate fund, and shall first be applied in the pay- ment and discharge of the costs, interest on bonds or money borrowed and used in the erection and construction of such water works and running expenses thereof. And any surplus may be applied in such manner as the Common Council or Board of Trustees may direct. 7. WHEN ACT NOT APPLY.] The provisions of this act shall not apply to cities, towns or villages in which water works are now managed or controlled by a board of public works. 8. EMERGENCY.] Whereas many of the cities embraced in this act are entirely without adequate protection from fires, and are without lawful authority to provide the necessary means of protection authorized by this act ; therefore an emer- gency exists that this act should take effect immediately : therefore this act shall take effect and be in force from and after its passage. LAWS AFFECTING THE CITY. 237 An Act to provide for the laying of Water Supply Pipe by Bonds and Special Assessments, payable in installments. [Approved and in force, March 17, 1S74.] SECTION 1. Ponds assessments payable in installments. 2. When installments payable interest. " 3. Applies to assessments already ordered. " 4. Emergency. SECTION 1. BONDS ASSESSMENTS PAYABLE IN INSTALL- MENTS.] Be it enacted by the People of the State of Illinois, repre- resented in the General Assembly : That whenever the corpo- rate authorities of any city, town or village shall provide, by ordinance, for the laying of water supply pipes, to be paid for by a special assessment to be made under the provisions of article nine of the act of the general assembly, entitled "An act to provide for the incorporation of cities and villages," ap- proved April 10, A. D. 1872, such corporate authorities may, in their discretion, provide in such ordinance, or by an ordi- nance to be adopted at any time prior to the issuance of the warrant to the collector for the collection of such assessment, that the amount of the estimated cost of such improvement shall be provided for in the following manner, to-wit : That bonds of the city, town or village, as the case may be, shall be issued for such portion of the estimated cost of such improve- ment as shall be apportioned to the city, town or village as public benefit, payable at such time or times, within twenty years, as may be provided by said ordinance, or it may in such ordinance be provided that all or any portion of the amount, so apportioned as public benefits, may be made by general taxation in accordance with the provisions contained in said article nine, and that the portion of said estimated cost which shall be assessed upon property specially benefited, shall be payable in such annual installments, not exceeding ten in number, as may in such ordinance be prescribed : Provided, that nothing in this section shall authorize any city, town or village to issue such bonds to an amount, including all exist- ing indebtedness, in excess of the charter, statutory or consti- tutional limitation of the indebtedness of such city, town or village. 2. WHEN INSTALLMENTS PAYABLE INTEREST.] Whenever such corporate authorities shall have provided by ordinance for the making of such improvement in the manner prescribed in section one of this act, the first installment of the amount assessed upon property specially benefited shall be payable immediatelv upon the issuance, by the clerk of such city, town 238 LAWS AFFECTING THE CITY. or village, of his warrant to the collector, and the subsequent installments shall be payable annually thereafter, with interest until paid, at such rate as shall be prescribed in such ordi- nance, not exceeding ten per cent, per annum. 3. APPLIES TO ASSESSMENTS ALREADY ORDERED.] This act shall apply to assessments already ordered for the purpose set forth in section one of this act, and the ordinances in relation thereto, as well as to ordinances hereafter to be adopted. 4. EMERGENCY.] Whereas certain cities, towns and vil- lages are about to lay water supply pipe, and are desirous of availing themselves of the provisions of this act, therefore an emergency is declared to exist, and this act shall take effect and be in force from and after its passage. An Act to enable Cities and Villages to contract for a sup- ply of Water for Public Use, and to levy and collect a Tax to pay for Water so supplied. [Approved April 9, 1872. In force July 1,1872.] SECTION l. Power to contract for water. 2. Tax. SECTION 1, POWER TO CONTRACT FOR WATER.] Be it enacted by the People of the State of Illinois, represented in the General Assembly : That in all cities and villages where water works may hereafter be constructed by an incorporated company, the city or village authorities in such cities and villages may contract with such incorporated company for a supply of water for public use, for a period not exceeding thirty years. 2. TAX.] Any such city or village so contracting may levy and collect a tax on all taxable property within such city or village, to pay for the water so supplied. LAWS AFFECTING THE CITY. 239 WEIGHTS AND MEASURES. An Act to revise the law in relation to Weights and Meas- ures. [Approved February 27, 1874. In force July 1, 1874.] SECTION 1. Standards. 2. To be kept by State Sealer. 3. Heaped measure. 4. Measure not heaped. 6. The hundred weight ton. 6. Contracts must be according to standard. 7. Weight per bushel. 8. Penalty. 9. State Sealer his duties. 10. County Seal standards procured. 11. Duty of County Sealer. 12. Fees. 13. Penalty for neglect of County Sealer. 14. Penalty for using weights, etc., that do not conform. SECTION 1. STANDARD.] Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the weights and measures received from the United States, and now in charge of the Secretary of State, to-wit: One yard measure, one half bushel, one wine gallon, one wine quart, one wine pint, one wine half pint, one set of avoirdupois weights, consisting of fifty, twenty-five, twenty, ten, five, four, three, two and one pounds, and from eight ounces down to one drachm ; one set of troy weights, from five thousand pen- nyweights down to half a grain, and from one pound down to the ten-thousandth part of an ounce, together with the three sets of balances, when received from the United States, shall be and remain, and be used as the sole authorized public standard of weights and measures. [R. S. 1845, p. 532, 1. 2. To BE KEPT BY STATE SEALER.] Such weights, measures and balances as may be procured, from time to time, to re- place those before mentioned, shall be preserved in the same form, and of the same dimensions, the denominations of the weights and measures being marked thereon, respectively ; and they shall be sealed with the seal which is kept for that purpose by the State Sealer. 3. HEAPED MEASURE.] All commodities sold by heaped measure, shall be duly heaped up in the form of a cone, the outside of the measure by which the same shall be measured to be the limit of the base of such cone, and such cone to be as hio-h as the article to be measured will admit. [R, S. 1845, p. 532, 2. 240 LAWS AFFECTING THE CITY. 4. MEASURES NOT HEAPED.] The measures used for measuring dry commodities, not heaped, shall be stricken with a straight stick or roller, and of the same diameter from end to end. [R. S. 1845, p, 532, 3. 5. HUNDRED-WEIGHT TON.] The hundred-weight shall consist of one hundred pounds, and twenty such hundred- weights shall constitute a ton. [R. S. 1845, p. 532, 5. 6. CONTRACTS MUST BE ACCORDING TO STANDARD.] Con- tracts hereafter to be executed, made within this State, for any work to be done, or for anything to be sold, delivered, done, or agreed for, by'weight or measure, shall be taken and construed to be made according to the standard weight and measure thus ascertained. [R. S. 1845, p. 532, 4. 7. WEIGHT PER BUSHEL.] Whenever any of the follow- ing articles shall be contracted for, or sold or delivered, and no special contract or agreement shall be made to the con- trary, the weight per bushel shall be as follows, to-wit : Pounds. Pounds. Stone-coal 80 Buckwheat 52 Unslacked lime 80 Coarse salt 50 Corn in the ear 70 Barley 48 Wheat 60 Corn meal 48 Irish potatoes 60 Castor beans 46 White beans 60 Timothy seed 45 Clover seed 60 Hemp seed 44 Onions 57 Malt 38 Shelled corn 56 Dried peaches 33 Rye 56 Oats 32 Flax seed 56 Dried apples 24 Sweet potatoes 55 Bran 20 Turnips 55 Blue grass seed 14 Fine salt 55 Hair (plastering)... 8 [L. 1855, p. 176, 1. 8. PENALTY.] Whoever, in buying any of the articles of property mentioned iii the preceding section, shall take any greater number of pounds thereof to the bushel, or, in selling any of said articles, shall give any less number of pounds thereof to the bushel than is allowed by said section, with an intent to gain an advantage thereby, except where expressly authorized so to do by special contract or agreement to that effect, shall be liable to the party injured in double the amount of the property so wrongfully taken or not given, and $10 in LAWS AFFECTING THE CITY. 241 addition thereto, to be recovered in any form of action, in any court of competent jurisdiction. 9. STATE SEALER HIS DUTIES.] The Secretary of State shall be, ex-qfficio, State Sealer of weights and measures, and shall have the care and custody of the authorized public stand- ards of weights and measures. He shall try and prove, by such standards, all weights and measures, scales and beams which may belong to any county, and be sent or brought to him for that purpose by the County Sealer, and shall seal such, when found to be accurate, by stamping on them the letter "I," with a seal which he shall have and keep for that pur- pose. [R. S. 1845, p. 533, 9, 14. 10. COUNTY SEALER STANDARDS PROCURED.] The County Clerk of each county shall be the sealer of weights and meas- ures for the county, and shall have the care and custody of the county standards. He shall procure, at the expense of the county, when authorized by the County Board, and not al- ready provided, a full set of weights and measures, scales and beams, which he shall cause to be tried, proved and sealed by the State standards, under the direction of the Secretary of State. [R. S. 1845, p. 532, 8 ; p. 533, 14. 11. DUTY OF COUNTY SEALER.] The several county sealers shall try and prove all weights and measures, scales and beams, when requested so to do ; and when the same are found or made to conform to the legal standards, they shall seal and mark such weights and measures, with a seal to be kept by them for that purpose. [R. S. 1845, p. 533, 10. 12. FEES.] The secretary of state and each county sealer shall be entitled to receive for his services, at and after the following rates: For sealing and marking every beam, ten cents; for sealing and marking measures of extension, at the rate of ten cents per yard, not to exceed fifty cents for any one measure; for sealing and marking every weight, two cents ; for sealing and marking liquid and dry measures, if the same be of the capacity of a gallon or more, ten cents, or less than a gallon five cents. They shall also be entitled to a reasona- ble compensation for making such weights and measures con- form to the standard established by this act. [R. S. 1845, p. 533, 12. 13. PENALTY FOR NEGLECT OF COUNTY SEALER.] J^very county clerk who neglects to have the standards under his charge compared and sealed as required by this act, or neg- lects to keep the same in good order and repair, or who .suffers any of them, through his neglect, to be lost, damaged or stroyed, shall forfeit to the county not less than $60 nor moi 31 242 LAWS AFFECTING THE CITY. than $200, to be recovered before any justice of the peace of the county. [R. S. 1845, p. 533, 11. 14. PENALTY FOR USING WEIGHTS, ETC., THAT DO NOT CON- FORM.] Whoever sells by any other weights, measures, scales, beams or balances than such as conform to such standards, shall forfeit a sum not exceeding $20 for each offense, and when by the custom of trade they are provided by the buyer, if he purchases by any other weights, measures, scales, beams or balances, he shall be subject to a like penalty, to be re- covered before a justice of the peace in the name and for the use of the person complaining. APPENDIX. THE CITY GOVERNMENT, FROM ITS INCORPORATION IN 1850, TO THE YEAR 1876. 1850 DAVID I. PERRY, Mayor. FIRST WARD Jay N. Ward. SECOND WARD Bailey H. Cofi'ey. THIRD WARD Wm. Gillespie. FOURTH WARD E. Thomas. 1851 CHARLES P. MERRIMAN, Mayor. FIRST WARD Joshua H. Harlan. SECOND WARD Bailey H. Coffey. THIRD WARD Wm. Gillespie. FOURTH WARD E. Thomas. 1852 JOHN H. WICKIZER, Mayor. FIRST WARD Joshua H. Harlan. SECOND WARD William Wallace. THIRD WARD Bailey H. Coffey. FOURTH WARD Thomas F. Worrell. 1853 WILLIAM WALLACE, Mayor. FIRST WARD Goodman Ferre. SECOND WARD Samuel Doughty. THIRD WARD William Gillespie. FOURTH WARD Thomas F. Worrell. 1854 JOHN W. EWING, Mayor. FIRST WARD Goodman Ferre. SECOND WARD Samuel Doughty. 246 APPENDIX. THIRD WARD Daniel J. Combs. FOURTH WARD John L. Routt. 1855 FRANKLIN PRICE, Mayor. FIRST WARD Henry S. Herr. SECOND WARD Oliver Ellsworth. THIRD WARD George Hinshaw. FOURTH WARD John L. Routt. 1856 FRANKLIN PRICE, Mayor. FIRST WARD Milo Chatfield, SECOND WARD Oliver Ellsworth. THIRD WARD Mark Ross. FOURTH WARD J. T. Stevenson. 1857 AMASA J. MERRIMAN, Mayor. FIRST WARD Milo Chatfield. SECOND WARD Alex B. Shaffer, THIRD WARD Mark Ross. FOURTH WARD W. C. Watkins. 1858 A. J. MERRIMAN, Mayor. FIRST WARD Milo Chatfield. SECOND WARD Alex. B. Shaffer. THIRD WARD E. H. Rood. FOURTH WARD D. F. Stinson. 1859 JOHN M. STILWILL, Mayor. FIRST WARD Goodman Ferre. SECOND WARD George W. Parke. THIRD WARD E. H. Rood. FOURTH WARD D. F. Stinson. 1860 H. S. HERR, Mayor. FIRST WARD Goodman Ferre. SECOND WARD George W. Parke. THIRD WARD J. N. Larrimore. FOURTH WARD Joel Depew. 1861 GEORGE PARKE, Mayor. FIRST WARD D. D. Haggard. SECOND WARD Robert Parke.' APPENDIX. 247 THIRD WARD J. N. Larrimore. FOURTH WARD Joel Depew. 1862 GEORGE PARKE, Mayor. FIRST WARD D. D. Haggard. SECOND WARD Robert Parke. THIRD WARD Wm. VanSchoick. FOURTH WARD S. W. Dodd. 1863 A. J. MERRIMAN, Mayor. FIRST WARD William Paist. SECOND WARD William S. Vreeland. THIRD WARD William Van Schoick. FOURTH WARD S. W. Dodd. FIFTH WARD R. McDonald. 1864 JOEL DEPEW, Mayor. FIRST WARD William Paist. SECOND WARD W. S. Vreeland. THIRD WARD William VanSchoick. FOURTH WARD B. Holcomb. FIFTH WARD M. McDonald. 1865 E. H. ROOD, Mayor. FIRST WARD J. Ellis. SECOND WARD P. Whitmer. THIRD WARD William VanSchoick. FOURTH WARD B. Holcomb. FIFTH WARD William Condon. 1866 E. H. ROOD, Mayor. FIRST WARD J. Ellis. SECOND WARD P. Whitmer. THIRD WARD A. B. Gillett. FOURTH WARD B. Holcomb. FIFTH WARD William Condon. 1867 E. H. ROOD, Mayor. FIRST WARD Luman Burr, J. Ellis. SECOND WARD F. A. Packard, W. C. Johnson. THIRD WARD S. W. Waddle, A. B. Gillett. FOURTH WARD Peter Rockwell, B. Holcomb. FIFTH WARD S. S. Parke, M. McGrath. 248 APPENDIX. 1868 J. M. STILWILL, Mayor. FIRST WARD D. D. Haggard, L. Burr. SECOND WARD T. J. Bunn, F. A. Packard. THIRD WARD H. M. Riggs, S. W. Waddle. FOURTH WARD D. 0. Moore, P. Rockwell. FIFTH WARD John H. Regan, S. S. Parke. 1869 J. M. STILWILL, Mayor. FIRST WARD John Geltmacher, D. D. Haggard. SECOND WARD John Weichlin, T. J. Bunn. THIRD WARD E. F. Edwards, H. M. Riggs. FOURTH WARD Peter Rockwell, D. O. Moore. FIFTH WARD Michael Mahoney, J. H. Regan. 1870 T. J. BUNN", Mayor. FIRST WARD E. B. Steere, John Geltmacher. SECOND WARD Michael Martin, John Weichlin. THIRD WARD J. P. Butler, E. F. Edwards. FOURTH WARD William Wilson, Peter Rockwell. FIFTH WARD James O'Donoran, Michael Mahoney. SIXTH WARD H. G. Reeves, David Kern. 1871 B. F. FUNK, Mayor. FIRST WARD T. F. Harwood, E. B. Steere. SECOND WARD Peter Folsom, M. Martin. THIRD WARD E. F. Edwards, J. P. Butler. FOUTH WARD George Bruner, William Wilson. FIFTH WARD Henry Geymer, James O'Donovan. SIXTH WARD David Kern, H. G. Reeves. 1872 B. F. FUNK, Mayor. FIRST WARD T. F. Harwood, E. B. Steere. SECOND WARD Peter Folsom, William Spurgin. THIRD WARD E. F. Edwards, J. P. Butler. FOURTH WARD George Bruner, S. Sampson. FIFTH WARD Henry Geymer, William H, Bell. SIXTH WARD David Kern, Robert Thompson. 1873 B. F. FUNK, Mayor. FIRST WARD E. B. Steere, John E. Thomas. SECOND WARD William Spurgin, John W. Trotter. THIRD WARD J. P. Butler, E. F. Edwards. APPENDIX. 249 FOUETH WARD S. Sampson, B. L. Lucas FIFTH WARD W. H. Bell, John Maher. SIXTH WARD Robert Thompson, John Reed. 1874 B. F. FUNK, Mayor. FIRST WARD John E. Thomas, David D. Haggard. SECOND WARD John W. Trotter, William Spurgin. THIRD WARD E, F. Edwards, John S. Scibird. FOURTH WARD B. L. Lucas, Peter Rockwell. FIFTH WARD John Maher, John Weichlein. SIXTH WARD John Reed, Robert Thompson. 1875 B. F. FUNK, Mayor. FIRST WARD David D. Haggard, H. S. McCurdy. SECOND WARD Wm. Spurgin, John W. Trotter, M. Hausen. THIRD WARD John S. Scibird, A. F. Risser. FOURTH WARD Peter Rockwell, B. L. .Lucas. FIFTH WARD John Weichlein, John H. Regan. SIXTH WARD Robert Thompson, John Reed. 1876 E. B. STEERE, Mayor. FIRST WARD H. S, McCurdy, F. M. Andrus. SECOND WARD John W. Trotter, Wm. Condon. THIRD WARD A. F. Risser, Enoch J. Moore. FOURTH WARD B. L. Lucas, Wm. Maddox. FIFTH WARD John H. Regan, John Weichlein. SIXTH WARD John Reed, Franklin White. 32 INDEX Sub-divisions of sections, where they exist, are indicated in the index by the paragraph mark, thus: f. PAGE. SKC. ABATEMENT Of nuisance 79 1-5 Order of, made by Court 79 1 When may be summary 79 3 Manner of abating nuisance 80 4 "Who to pay cost of 80 5 ACCESSORIES Definition and punishment of..... 67 2 ACCOUNT For supplies when not allowed 118 4 For water supplies audited by Board ^[ 3,123 (See SUPPLIES AND CLAIMS.) ACTING MAYOR Council authorized to appoint.161 Appointment of. 10 Powers of. 10 Pro tern, when appointed 10 Bond of. 10 ACTIONS To recover fines, etc., where brought.,175 ADVERTISEMENT Posting of on property a nui- sance 74 AFFIDAVIT Warrant to be issued on 69 Form of, for warrant 69 Amendment of allowed 71 AFFRAY Penalty for committing 53 AGENT Offense committed by 67 ALDERMEN Election and term of ofiice of. 158 Additional elected.. 1^ Qualifications of 1^9 Council may provide for election of 1 6, 16< Not to hold' certain offices 175 252 INDEX. PAGE. SEC. Not to be interested in contract with city 175 10 Limit of compensation of. 179 4 To be members of Police Department 9.1 1 ALLEYS Power of Council over 172 3 Herding or tying of animal in 6 15 AMENDMENTS Allowed in prosecutions 70 7 AMUSEMENT Dangerous, Council may prohibit 129,169 ANIMALS Power of Council to prohibit going at large 1 27, 270 Power of Council to punish abuse of. f 25, 169 Power of Council to compel fastening of.^ 25, 169 Penalty for permitting to go at large 1 1 Duty of pound-keeper to take up and receive ..2 3 Policeman to take up. 2 t Person injured by may take up 2 4 Person taking up to notify officer 2 4 Proceedings upon complaint 3 5 Order to sell made, when 3 5 Unknown owner, complaint, etc 3 6 Notice to unknown owner, form, etc 3 6 Order of sale, from, etc., return 4 8 Proceedings against unknown owner 4 7 Notice of sale, form, posting, etc 4 9 Surplus proceeds from sale 5 12 Penalty for hindering impounding of 5 13 Penalty for wrongfully taking up" 6 14 Herding or tying, when deemed a violation 6 15 Fees for impounding 17 6 Fees for keeping and feeding in pound 17 6 Butcher to record description of slaughtered... 37 2 Penalty for butchering diseased 38 4 Penalty for selling flesh of diseased 38 5 Cruelty to, prohibited 58 13 Penalty for abandoning upon street 58 13 Penalty for riding or driving immoderately 58 2 Penalty forscaring 59 5 Penalty for leaving unfastened 59 6 Vicious, not to go at large, penalty 59 10 Penalty for driving upon lawn or sidewalk 61 3 Penalty for feeding in fire limits, etc 62 7 Penalty for turning in public inclosure 62 7 Hitching to lamp post, etc 62 8 Suffering carcass of to remain in city 75 11 INDEX. 253 ANNEXATION OF TERRITORY-Act of Leg- 4 ' islature concerning .......................... 199-203 APPEALS Power of Council to regulate ............ 171 2 City may take without bond ......................... 175 8 Additional evidence on, admitted ......... ......... 179 2 When allowed ........................................... 72 16 APPEAL BOND Council may require to be given!71 2 APPENDIX To revised ordinances ............. 245-249 APPLICATION For leave to tap water pipesl 2, 122 For water, to state purpose, etc .............. ^ 9, 123 For peddler's license, what to state ................. 41 4 For liquor license, what to state .................... 51 2 For license, generally .................................. 33 1 For auction license, what to state ................... 35 3 APPOINTMENT Of pound-keeper .................... 2 Of additional pound-keepers, when ................ 5 10 Of City Sexton .......................................... 8 Of officers, generally, when made, etc ............ 81 1 Of City Assessor ....................................... 83 1 Of Town Collector for city ........................... 86 4 Of City Engineer ...................................... 86 1 Of City Weigher ....................................... 89 1 Of Health Officer ...................................... 90 Of Inspector of Weights and Measures .......... 91 Of City Measurer ....................................... 93 Of Oil Inspector ........................................ 94 Of Water Board ......................................... 119 Of Superintendent of Water Works .............. 119 ARREST Council may authorize for breach of ordinance ........................................... 171 Power of City officers to make ..................... 176 Duty of officer making ................ ............... 71 For violation of ordinance ........................... 69 ASSESSOR See CITY ASSESSOR. ASSAULT AND BATTERY Penalty for com- mitting .................... ....................... V\,55 ASSESSMENT For street improvement howmade!72 Council may authorize suit for amount of. ....... 172 Of water rents ............................ ............. ]\ Delinquent returned to County Collector ........ 11 Of property, how made * Dutv of Attorney to inspect rolls of ............... (See SPECIAL ASSESSMENTS.) ASSETS Of city, account of kept.......... ........... b ATTEMPT To commit offense, penalty tor ......... o/ 254 INDEX. PAGE. SEC. ATTORNEY See CITY ATTORNEY. AUCTIONS AND AUCTIONEERS Power of Council to license auctions 1 9, 167 License required 34 1 Blooded stock exempt 34 1 Auctioneers to give bond 35 1-2 Condition of auctioneer's bond 35 2 Rate and time of license for 35 3 Application to state place of business 35 3 License not transferable 35 4 "Who may sell under license 35 4 License to cover but one place of business 35 4 Change of place of business 35 4 Auctioneers to pay 1 per ct. of sale to treasurer 35 5 Auctioneer to keep 1)ook 36 6 Auctioneer to make statements of sales 36 6 Selling at auction without license, penalty 36 7 Substitution of article and other frauds, penalty 36 8 AWNING Penalty for defacing 61 2 Unsafe, a nuisance 78 22 "Wooden, with supports, a nuisance 78 23 IB. BAIL When defendant to give 70 5 BALL PLAYING Upon public grounds, penalty 63 15 BALLOT BOXES How constructed .. 15 6 To be examined and locked by judges 15 6 BASE PLANE For computation of grades, estab- lished 24 1 BAWDY HOUSE Power of Council' to prohibit. p ;-; : 112,168 Penalty for keeping 55 g Penalty against inmate of, etc 56 9 EEF Council may cause inspection of IF 22 169 ETTING-Penalty for . 57 11 BEGGARS Power of Council to restrain and pun- ish ...IT 35 170 BILL Of supplies, to be filed with Clerk.... ' .'.118 3 When not allowed by Council 118 4 What to contain ''.'.118 5 Certificate of officer to 118 Preserved by Clerk after payment.!!!.!.!... ....'!! 85 BILL BOARDS When a nuisance . 76 13 INDEX. 255 BILL OF EXCEPTIONS May be required on*' appeals, etc 171 BILL OF PARTICULARS When "fiied'in city cases^. 70 g BILL POSTERS License for required, rate, etc.. 50 2 Penalty for failing to obtain license ,. 51 BILLIARD ROOMS To be closed on Sunday 37 2 To be closed at 11 p. m 37 2 Keeper of to exclude minors, penalty 37 3 BILLIARD TABLES Power of Council to license, etc 1 30, 170 License for, rate, etc., penalty 37 1 BLACKSMITH (SHOPS) Power of Council over 117,168 BLOOMINGTON (See CITY OF BLOOMINGTON.) BOARD OF HEALTH Appointment of. 10 4 To designate place for removal of patients 60 17 BOARD OF EDUCATION Election, powers and duties of. 219-229 BOND Power of Council to require of officer. ...f 1, 167 Power of Council to require on appeal 171 2 Not required of city on appeal 175 Of Pound-keeper 2 Of Mayor and Acting Mayor 10 For license, clerk to take and approve 34 Auctioneer required to give 35 1-; Of junk-dealer 41 Of pawnbroker 43 Of porters and runners 45 Of liquor seller 51 Terms and conditions of liquor seller's bond... 51 Penalty for selling liquor without giving 52 Of city officers generally 82 Of City Assessor Of City Attorney * Attorney to draft for city Of City Clerk * Of City Collector * Of City Engineer * Of City Weigher - Of Health Officer Of Inspector of Weights and Measures 91 Of City Measurer ; J Of Oil Inspector j; Of Street Commissioner 256 INDEX. PAGE. SEC. Of City Treasurer 96 1 Of Superintendent of Water Works 120 4 BONDS Powers of Council to issue for fire purposes! 73 5 Power to issue to C. & A. R. R. Co 177 1 Power to issue for sewerage purposes 180 1-2 BOOK To be kept by City Weigher 89 3 BOON STREET Grade of. 28 6 BOUNDARIES Of city 157 1 (See CITY LIMITS.) BO YS Not to go abroad at night 68 5 Policemen to arrest, etc 68 5 BREWERY Power of Council over f 17, 168 When deemed a nuisance- 76 16 BREACH OF PEACE Penalty for committing... 53 2 BRIDGES- To be maintained by R. R. companies.107 1 (See RAILROADS.) Committee on appointed 10 4 Penalty for injuring 61 2 BROKERS Power to license, etc 1 9, 167 Obstruction of a nuisance 75 8 BUILDING Power of Council to erect 1 9, 167 Unsafe, Council may prohibit ^ 39, 171 Posting bills on, nuisance 74 5 Unsafe, declared a nuisance 78 26 Council may stop erection of, when 79 27 BUILDING LINES Grade of, what to be 25 3 (See GRADES.) BUILDING MATERIAL Council may cause in- spection of. f 22, 169 To be measured, etc 93 2 (See CITY MEASURER.) BURNING FLUID Inspector of appointed 94 1 (See OIL INSPECTOR.) BUTCHERS Power of Council to license, etc 178 1 License for required, rate, time, etc 37 1 Who deemed 37 i To keep book, description of animals killed, etc. 37 2 Book subject to inspection of officers 37 2 Penalty for failure to keep book 38 2 Report, penalty for false report, etc 38 3 Killing diseased animals, etc., penalty 38 4 Selling diseased meat, etc., penalty 38 5 Meat Inspectors, powers of, etc 39 6 Condemnation of meat, etc 39 6 Refusal to exhibit animal, etc . 39 7 INDEX. 257 T7- . T PAOB. SBC. Keeping condemned meat, etc 39 7 Appeal to Marshal or Mayor allowed 39 Moieties given informers, etc 39 8 BUTTER When Council may authorize seizure o f - f40,171 c. CAB Rate of license for 49 2 Rate of charges for by the hour 49 4 CANNON Penalty for firing 58 1 CAR Speed regulated in city 108 6 Penalty for getting upon while in motion 63 14 CARAVAN (See SHOWS AND EXHIBITIONS.) CARRIAGES Rate of license for 48 2 Charges for by hour 49 4 Where to wait for employment 50 7 (See VEHICLES.) CARTS Power of Council to license, etc 1 9, 167 C. & A. R. R. Council authorized to issue bonds for 177 1 CAPTAIN OF NIGHT POLICE Duties of in case of fire, etc 22 13 May enter gaming house or house of ill-fame, etc 68 6 Duty to arrest inmates of unlawful houses 68 CATTLE When keeping of a nuisance 73 Not to go at large CELLAR When foul, a nuisance 74 7 Door of open, a nuisance i 77 Power of Council over 1 17,168 CELLAR DOOR Leaving open of, a nuisance 77 CEMETERIES Land embraced in City Cemetery 6 To be laid off into lots, etc Lots to be numbered Sale of lots, terms, etc 6 Commons to be set apart Penalty of digging in lot of another 7 Manner of conveying lots 7 Form of deed to lots Treasurer to keep record of lots, etc Treasurer to keep Cemetery account Appointment and duties of Sexton Sexton to remove bodies, when Who to pay expense of removal 33 258 INDEX. PAOK. SBC. Sexton to keep record and report Hunting, trespassing, etc., penalty 10 Going upon grounds in night, etc., penalty 11 Fees of Sexton 18 7 CENSUS Power of Council to provide for.. .^ 23, 169 CENTRE STREET Grade of. 27 (See GRADES.) CERTIFICATE City Weigher to give, when 89 Of Weigher, false, etc., penalty 89 Of measurement, when given 93 Fraudulent, penalty ., 94 Of publication of ordinance 97 Of correctness of account made by officer 118 5 CHAIRS Penalty for placing in aisles 60 11 CHARTER Of 1867 157 Of 1867 deemed a public act 176 14 Of 1867, when in force 176 15 CHANGE OF VENUE Council may prohibit in city cases 171 CHECK To be worn in collar of dog 12 2 CHESTNUT STREET Grade of. 31 CHIMNEY Unsafe, nuisance 78 26 When Council may stop building of. 79 27 CHURCH Placing chair in aisle of, penalty 60 11 CHIEF ENGINEER (of Fire Department,) Pow- ers and duties of, generally 20 2 To keep fire apparatus in order 20 To have command at fires, etc 21 4 May call on bystanders to aid 21 14 Who to command in absence of. 21 5 Drivers subject to 21 8 Members not to leave tire without permission of 22 9 CIRCUS (See SHOWS AND EXHIBITIONS.) CISTERNS Throwing tilth in, a nuisance :.... 75 12 Public, Council may regulate ^f 31,170 CITY ATTORNEY Qualifications of. 83 1 Bond to be given by 83 1 Duties of, generally 83 1 List of witnesses to be furnished to 71 10 (See OFFICERS.) CITY ASSESSOR Charter, duties of. 163 11 Appointment of. 83 1 Bond to be given by 83 1 Duties, to assess according to statute 83 2 INDEX. 159 -TTT1- PAGE. SKC. W hen town assessors, appointed 83 3 (See OFFICERS.) CITY COLLECTOR Duties prescribed in char- ter 164 12 Bond of. 85 i To proceed according to state law 86 3 Return of books, settlement 86 3 To report delinquents to Council 86 3 Town collectors appointed 86 4 CITY ENGINEER Appointed and bond of. 86 1 Stipulating in bond of. 87 2 Duties of, generally 87 3 To make monthly report to Council f 3, 87 3 To keep grades in book of city ^f 4, 87 3 When to give grades ^[ 5, 87 3 To turn over books, etc., to successor ^[6, 88 To advice Council of materials needed 88 4 To keep maps, etc., on books of city 88 4 Results of labor to belong to the city 88 4 Not to do outside work 88 5 Outside earnings of, paid to Treasurer 88 5 Ex-Offitio Commissioner of Sidewalks and Spe- cial Assessments 88 6 Duties as Commissioner, etc 88 6 CITY COUNCIL Created by charter 158 To give notice of city election 160 1 To regulate elections, appoint judges, etc 160 Mav fix time of meeting 162 Quorum 162 Yeas and nays, when entered 162 To judge of qualifications of members 162 Power of to levy taxes 164 Charter powers of generally 167-173 Acts of not invalidated by new charter 175 Meetings of. Marshal to notify members of special meeting.. 1 Mayor to appoint standing committees of 1 Duties of standing committees of. Rules of order of. H-; Hour of meeting 1 1 j Order of business 1 2 > 1 To appoint judges of election j When to fix pay of officers, etc } When may revoke license, etc ; Permission of required to erect soap factories .. 76 260 INDEX. PAGE. SEC. Permission of required to erect slaughter houses 76 May stop erection of unsafe building, etc 79 27 City Clerk to attend meetings of. 85 Clerk to keep records and proceedings of. 85 2 May retire Health Officer from pay 91 6 To fix amount of Treasurer's bond 96 1 May require new bond of Treasurer 96 1 To certify amount of taxes to County Clerk 115 2 To designate purchaser on allowing requisition 118 May direct Water Board 121 9 May rescind rulings of Water Board 1 25, 126 CITY MARSHAL Powers and duties in charter.. 163 10 Council may authorize to enter unlawful houses 1 37, 170 To post notices to owners of animals 3 6 To keep book of registry for dogs 12 1 To furnish checks to owners of dogs 12 2 To post notices of city elections 13 1 Fees for serving process 16 2 To account to city for fees collected 17 2 Not to receive fees for impounding 17 6 Duties of, in case of fire 22 13 To be notified of contagious disease 60 17 To remove patients, post placards, etc 61 17 To acquaint vagrant with ordinance 66 3 May enter unlawful houses, etc 68 6 To be ordered by court to abate nuisance 79 1 When may abate nuisance summarily 79 3 Manner of abating nuisance 80 4 Duty of, to bring suit for costs of abatement... 80 5 To assist Health Officer 90 5 General duties of. 100 4 Not to leave town without notifying Mayor 100 4 To be custodian of property 100 5 To provide stars for special policemen 100 5 To make monthly report 100 6 Regulation for coat of If 2, 105 12 CITY CLERK To keep corporate seal 163 Charter, duties of, generally 163 8 To make deeds to cemetery lots 7 4 When to enter ayes and noes on record 11 6 To preserve reports of committees 11 6 To prepare notices of election 13 1 Returns of election transmitted to... .14 3 INDEX. 261 . PAGE. 8C. Duties of, in case of tie vote .......................... 14 4 To provide poll books ................................. 15 7 To furnish books to butchers ........................ 37 2 To furnish numbers to owners of vehicles ....... 49 3 To issue permits to make excavations ............. 64 20 Bond to be given by .................................... 84 1 General duties of. ....................................... 85 2 Office hours of. .................................... 17, 85 2 To procure standards of weights and measures 91 2 To preserve report of Inspector, &c ............... 92 6 To cause ordinances to be published, etc ......... 97 1 To be clerk of Water Board ......................... 119 Duties as clerk of Water Board .................... 121 6 To make duplicate water assessments ...... 1 1, 131 To report delinquents to Water Board ...... 1 4, 132 To issue license .......................................... 33 To take and approve license bond .................. 34 1 CITY TREASURER Charter duties of. ............. 163 Bond of, Council to fix ................................ 96 Bond of to be double amount of funds ........... 96 General duties of. ....................................... 96 What accounts to be kept by ........................ 96 To examine Collector's book, settlement ......... 116 All moneys to be paid to .............................. 116 To notify persons owing water rents ........ 1 2, 131 Application made to for license ..................... 33 CITY OF BLOOMINGTON To be plaintift in prosecutions .............................................. ^ Costs not to be taxed against ........................ j Security for costs not required of. .................. 69 Incorporated ............................................. |j> Corporate limits of. ..................................... |^ General powers of. ...................................... 15' Division of into wards ................................. J- Constitution of city government .................... lob Property of, vested in corporation .................. 17o Not to pay costs .......................................... ]l. ( Appeal bond not required of .................. Incorporation of, legalized ..................... ^ CITY OFFICERS (See OFFICERS.) CITY GOVERNMENT Officers of from 1850 1876 ........................................... l How composed .......................... 'J'i""i""f" bond i CITY MEASURER Appointment and bond What to be measured by 262 INDEX. PAGE. SBC. To give certificates of measurement 93 What standards used by 93 2 IVnalty for exhibiting false certificate of. 94 3 Penalty against for neglect of duty 94 4 CITY LIMITS Act to extend 140 1-2 Act to further extend 142 1-2 CITY WELLS Penalty for taking water from 63 12 CITY WEIGHER Appointment and bond of. 89 1 May appoint deputies 89 1 To have charge of public scales 89 2 To weigh and give certificates 89 2 To keep book and record weights 89 3 Refusing to weigh, false certificate 89 4 Fees of. 19 11 CLAIMS Allowed by city, clerk to keep account of 85 2 Committee on, appointed 10 4 (See SUPPLIES AND CLAIMS.) CLERK (See CITY CLERK and CLERKS OF ELECTION.) Of Water Board, City Clerk to be 119 2 CLERKS OF ELECTION How selected, oath, etc. 13 2 To transmit sealed returns to Clerk 14 3 To make proclamation 15 5 To count ballots 15 8 To mark down votes 16 8 Pay of. 17 5 CLOTHING Suspended over sidewalk, nuisance.. 78 22 COAL MINE Refuse material from, nuisance 76 15 COAL OIL To be inspected, etc.. 94 2 (See OIL INSPECTOR.) COAL VAULT When a nuisance 78 25 COLLAR To be worn by dog 12 3 COLLECTOR (See CITY COLLECTOR and COUNTY C*OT T "|?f r p/ r ^"D \ COMMISSION O'f city officer, Clerk to issue 82 5 Form of officer's commission 82 5 COMMISSIONER OF SPECIAL ASSESSMENTS Engineer to be, duties, etc 88 6 COMMISSIONER OF SIDEWALKS Engineer to be, duties, etc 88 6 To give grades to those building sidewalks 25 4 To report to Council concerning sidewalks 25 4 When to tear up sidewalks, etc. 25 5 COMMITTEES Of City Council 10 4 COMMONS To be set apart in cemetery 7 3 INDEX. 263 Removal of bodies to L 3 >K 's (See CEMETERIES.) COMPLAINT Against owner of impounded ani- mal 2 5 Against unknown owner of animal 3 6 To be made by Health Officer against nuisances 90 4 CONSERVATORS OF THE PEACE All city officers to be, powers, etc 176 12 CONDEMNATION Of weights and measures, when made 92 5 Of meat, etc 39 6 CONSTRUCTION Of act of 1867 of Charter 176 13 Of certain words 98 5 Of Ordinance on Railroads as to repeal 109 9 Of ordinances generally. (See ORDINANCES.) CONCERT (See SHOWS and EXHIBITIONS.) CONCEALED WEAPONS Penalty for carrying.. 54 9 To be forfeited to city 55 10 CONTAGIOUS DISEASE Power of Council con- cerning T 3, 167 Penalty for bringing into city 60 14 Attendant physician to change clothing, etc 60 16 Health Officer to be notified of. 60 17 CONTINUANCE When to be granted, length of time, etc 70 5 Defendant to give bail in case of. 70 CONTRACTS To be drawn by Attorney 84 For supplies for city 117 (See SUPPLIES and CLAIMS.) CORPORATE SEAL Of city kept by Clerk 163 COSTS City exempt from 175 Council may require to be worked out....f 41, 171 Of impounding paid to pound-keeper Animals may be redeemed by paying Security for not required from city ( Not to be taxed against city ( Of abating nuisance, who to pay COUNCIL (See CITY COUNCIL.) COUNTY CLERK Estimates for taxes certified to 1 Manner of extending taxes by COUNTY COLLECTOR Delinquent taxes return- ed to 1 To make statements to Council COURT Word defined 264 INDEX. PAGE. SEC . CROSSINGS Penalty for suffering animal or ve- h'cle to stand upon 62 3 Penalty for otherwise obstructing 63 16 Obstruction of deemed nuisance 78 24 To be maintained by railroad companies 107 1 Penalty for failing to construct after notice 107 - When Council may order to be built 108 3 Cost of recovered from railroad company 108 3 Obstruction of by railroad company 108 5 CRUELTY TO ANIMALS Penalty for 58 13 CURBING How constructed 77 18 When a nuisance 77 18 CULVERTS To be maintained by railroad com- panies 107 1 CUSHING'S MANUAL To govern proceedings of Council 11 C ID. DAIRY When a nuisance 74 6 DAMAGES For default of City Engineer 87 2 "DEAD BEAT" Deemed to be vagrant 65 1 DEED Form of for cemetery lots 7 5 DELINQUENT TA^ES Collector to report to Council 86 3. DEPUTIES Pound-keeper may appoint 5 10 City Weighermay appoint 89 1 DIRT Power of Council to require removal off 33, 170 Penalty for letting remain on sidewalk 62 6 DIGGING In street prohibited 64 18 DISORDERLY CONDUCT Penalty for 53 1 DISORDERLY HOUSE Power of Council to sup- . press ^ 12, 168 Penalty for keeping 56 7 DISTILLERY Power of Council over f 16, 168 When a nuisance 76 16 DISTURBING PEACE Penalty for 54 3 DITCH Failure to refill or to keep guarded, nui- sance 77 20 DIVISION STREET Grade of. 32 6 (See GRADES.) DOGS Power of Council over f 28, 170 To be registered, tax, etc 12 1 To wear check upon collar 12 2 To wear collar with owner's name... . 12 INDEX. 265 Not to go at large without collar . PA 12 "3" Proclamation of Mayor respecting '.'". 14 4 Violations, penalty DOUGLAS STREET Grade of....'.'.'.'.'.'.'.'.'.'.'.'.'.".''.''.' .' 31 Q (See GRADES.) DRAM SHOPS Power of Council over 1 12,166 Definition of. 52 4 Penalty for keeping without license 52 4 Penalty for improperly keeping open 52 6 When frequenters of deemed vagrants 65 1 DRAIN Private, power of city over 172 3 Obstruction of nuisance....'. 75 8 Penalty for injuring 61 1 When a nuisance 74 7 DRAYS Council may license ^[9, 167 Rate of license for 49 2 Charges for carrying property on 50 4 Standing place for 50 7 Penalty for letting stand on street 63 13 (See VEHICLES.) DRIVERS Of fire engine, duties 21 Of hose cart, duties 21 8 DRUNKENESS Penalty for 58 14 Of policeman deemed cause for dismissal 101 10 EL EAST STREET Grade of. 27 6 ELECTION Of Mayor and Alderman 158 2-3 For city officers, when held 159 Failure to elect, vacancies 159 9 Council to give notice of 160 Council to regulate generally 160 Qualifications of voters 161 Place of designated, notice, etc 13 Council to appoint Judges of, oath, etc 1 Clerks of, how selected 13 Manner of voting, returns, etc ] Tie vote, how decided 1 Opening and closing poles, proclamation 15 Ballot boxes 15 Poll books, form, how kept 1 Counting of ballots 15 Form of election returns 1 EMPIRE STREET Grade of. 32 (See GRADES.) 34 266 INDEX. PAGE. sac. ENGINE HOUSE Penalty for defacing .............. 61 2 ENGINEER Of fire steamer ............................ 21 6-7 (See CITY ENGINEER.) KSTIMATES Of taxes presented to Council ....... 115 1 Certified by Council to Clerk ....................... 115 2 EXCAVATIONS Penalty for making without permission ................................................ 64 20 Permits for, stipulation, etc .......................... 64 20 Failure to refill or guard nuisance .................. 77 20 When a nuisance ....................................... 78 24-25 For laying service pipe ......................... ^ 13, 128 Manner of refilling ............................. if 14, 129 EXECUTION Issued for fine, form, etc .............. 71 13 EXHIBITIONS (See SHOWS and EXHIBITIONS.) EXPRESS WAGON Rate of License for ........... 49 2 Charge for carrying property on ................... 50 4 FALSE ALARM Penalty for making ................ 55 11 FALSE WEIGHTS Penalty for using ............... 93 8 FARO BAN K Penalty for keeping ................... 57 10 FEES (See FEES AND SALARIES.) FEES AND SALARIES Impounding fees, judg- ment for ............................................. 3 5 Pay of Mayor and Aldermen ........................ 16 1 Fees of Marshal and Policemen for serving pro- cess ................................................... 16 2 Fees of Jurors ........................................... 17 3 Fees of Witnesses ....................................... 17 4 Fees of Judges and Clerks of election ............ 17 5 Impounding fees fixed ................................. 17 6 Fees for keeping and feeding animals ............ 17 6 Fees of City Sexton .................................... 18 7 Fees of Oil Inspectors. ................................ 18 8 Fees of Inspector of Weights and Measures... 18 9 Fees of City Measurer ................................. 18 10 Fees of City Weigher ............................... 19 11 Compensation of other officers ..................... 19 12 Manner of paying salaries ........................... 19 13 Pay of Water Board ............... . .................... 120 3 Pay of Assistants of Supt. of Water Works. ..120 4 Power of Council tofix fees .................. ^ 24, 169 FENCE Penalty for defacing ............................ 61 2 Posting bills on, nuisance ............................. 74 5 FERRULES Water Board to establish price of INDEX. 267 PAGE. SEC. To be two feet or more apart J 21,130 Size of. $ 22,130 FIGHTING Penalty for 54 4 FIFTH WARD Boundaries of. 118 1 FILTH Depositing in well or cistern a nuisance... 7o \- Penalty for placing on commons 75 11 FINANCE COMMITTEE Appointment of. 10 4 Assessor to settle with 86 3 To present estimates for taxes to Council 115 1 To examine collector's books, etc 116 "> To make settlement with collectors 116 5 Order for foreign claims issued to 118 5 FINES AND PENALTIES Council may provide for recovery of * 41, 171 Council may imprison on refusal to pay.-Tf 41, 171 Power to require, worked out Tf 41, 171 How sued for 69 Not satisfied by imprisonment 72 15 Proceedings to recover generally 68-72 FIRES Council may provide for extinguishment of. 1 14, 168 Council may regulate conduct of person att 15, 168 FIRE COMPANIES Power of Council to organ- ize 1 14, 168 FIRE DEPARTMENT How composed.: 5 Powers and duties of Chief Engineer 20 Apparatus to be kept in order 20 Who to command at fires, etc 2 Engineer absent, who to command 21 Engineers of steamers, duties, etc 21 Amount of steam carried, signals, etc ^ Drivers of engines and hose carts, duties, etc... 21 Duties of members in case of fire 22 Conduct and deportment of members . Use of liquors prohibited ' 11 Intoxication of members ** Police to assist, alarms, etc Violations, penalty ; JJ Fire limits, what embraced in J Erecting wooden building in tire limits ^ Wooden building, when a nuisance i Committee on fire department...... 10 Penalty for driving vehicle over hose J FIRE ENGINES Power of Council to purchas t >...l< FIRECRACKERS Penalty for exploding m city., c 268 INDEX. PAOK. SEC. FIRE LIMITS What embraced in 23 1 Erecting wooden buildings in, penalty 23 2 Wooden building in, a nuisance 24 3 (See FIRE DEPARTMENT.) FIRE PLUG Penalty for taking water from, etc.. 122 10-11 (See WATER SUPPLY.) FIRE WOOD Inspection of, authorized 1 22,169 FIREARM Penalty for discharging in city 58 1 FIRST WARD Boundaries of, fixed ." 118 15 FLAGMEN When kept by railroad company 108 4 FOUNTAINS Not used over six hours per day f 11,124 Penalty for using in time of fire 1 11,124 FOURTH WARD Boundaries of, fixed 118 1 FOWLS When keeping of, a nuisance 73 1 FRONT STREET Grade of. 29 (See GRADES.) FUNERAL Penalty for disturbing 54 7 GK GALVANIC BATTERY When to be licensed... 51 3 (See LICENSES.) GAMING Power of Council to prohibit 1 12,168 GAMING HOUSE Power of Council to prohibit, 112,168 Power of Council to "suppress" i 37,170 Penalty for keeping or permitting 57 10 Penalty against inmates and frequenters of 57 11 GAS Committee on appointed 10 4 GATE When a nuisance 76 14 GEESE Not to go at large 1 i Fees for impounding, feeding, etc 17 6 GENERAL IMPROVEMENTS Committee on appointed 11 4 GIFT Policeman not to accept 102 11 GOAT Not to go at large '. 1 i GOODS Suspended over sidewalk, nuisance... . 78 GRADE BOOK To be kept by Engineer 87 3 GRADES Engineer to keep in book, etc 87 3 Engineer to give, when 87 3 How computed, base plane 24 1 To be at intersections of centre lines of streets 24 2 Grades of building lines, sidewalks, etc 25 3 Commissioner to give, when 25 4 Sidewalk off grade, penalty 25 4 INDEX. 269 PAGE. SEC. Sidewalk on grade, nuisance 25 5 Grades established 25-32 6 Grade of Mason Street 25-26 Grade of Oak street 26 Grade of Lee street. 26 Grade of Madison street 26-27 Grade of Centre street 27 Grade of Main street 27 Grade of East street 27-28 Grade of Prairie street 28 Grade of Gridley street 28 Grade of McLean street 28 Grade of Boon street 28 Grade of Wright street !28-29 Grade of South Grove street 29 Grade of Olive street 29 Grade of Grove street 29 Grade of Front street 29 Grade of Washington street 29-30 Grade of Jefferson street 30 Grade of North street 30 Grade of Market street 30-3 Grade of Woodward street - Grade of Douglas street <. Grade of Mulberry street Grade of Locust street J Grade of Chestnut street... Grade of Walnut street ..31-32 Grade of Empire street 32 Grade of Division street Construction of chapter on grades c GEATING When left open, a nuisance 77 GRIDLEY STREET Grade of (See GRADES.) GROCERS Power of Council to license 1 GROCERY Power of Council over f 16, 16* GROVE STREET Grade of. ' (See GRADES.) GUN Penalty for firing in city....... GUN-COTTON Penalty for weighing by gasl When a nuisance .;.""",' GUNPOWDER Penalty for weighing by gasli When storage of a nuisance . Power of Council to regulate storage of..l 17, 1 GUTTER Penalty for placing rubbish in t 270 INDEX. PAGE. SBC. Obstruction of a nuisance. 75 8 HACKNEY COACH Power of Council to license 19,167 Rate of license for 48 2 Rate of charges for, by the hour 49 4 Standing place for 50 7 (See VEHICLES.) HAND-BILL Placing of on property, a nuisance. 74 5 HAWKERS (See PEDDLERS.) HAY Inspection authorized 1 2, 169 Market place of, fixed 64 19 HEALTH OFFICER Appointment and bond of.. 90 1 General duties of. 90 Penalty for disobeying order of. 90 3 To complain against authors of nuisances 90 4 Marshal and policeman to assist 90 5 Council may retire from pay 91 6 Duties to devolve upon Street Commissioner... 95 2 To be member of police department 99 1 Duties in case of contagious disease 60 17 HERDING Of animals, deemed a running at large 6 15 HIDES When a nuisance 75 9 HOGS Keeping of in city, when nuisance 73 1 (See SWINE.) HORSES Not to go at large 1 1 Penalty for driving immoderately 58 2 Penalty for scaring 59 5 Penalty for leaving unfastened 59 6 Unmanageable, not to be taken on street 59 7 Feeding on street, etc 62 7 Hitching to trees, lamp posts, etc 62 8 HORSE RACING Power of Council to prohibit 1 25, 169 HORSE RAILWAYS Power of Council to reg- ulate .^..173 4 HOSE Private, not used in time of fire f 11, 124 Size of for sprinkling streets 1 13, 124 Penalty for driving vehicle over 63 17 HOSPITALS Council authorized to establish 1 34, 170 HOTEL KEEPERS May take out porter's license, etc 45 3 (See PORTERS and RUNNERS.) HOUSES Posting bills on, a nuisance 71 5 Council may cause to be numbered Tf 23, 169 INDEX. 271 HOUSE OF ILL-FAME-Penalty for keeping 0*' permitting 56 g Penalty against inmates of 56 9 Frequenters of, deemed vagrants 65 1 Licensing of, prohibited 206 HOUSE OF PROSTITUTION Power of Council to suppress | 37, 170 (See HOUSE OE,!LL-FAME.) HYDRANTo Council may regulate f 31, 170 Penalty for taking water from, etc 122 10-11 Where may not be placed ^ 20, 130 (See WATER SUPPLY.) HYDROPHOBIA Prevention of, Mayor's procla- mation 12 4 I. I., B. & W. R. R Right of way granted to.. .110-112 1-5 ICE Power of Council to compel removal of..1 33, 170 Penalty for letting remain on sidewalk 62 t! IMMODERATE DRIVING penalty for 58 2 Power of Council to prohibit 1 25, 169 IMPOUNDING Of animals 1-6 (See ANIMALS, POUNDS AND POUND-KEEPERS.) Power of Council 1 27, 170 IMPRISONMENT Power of Council to prescribe 141,171 Of persons failing to pay fines 71 12-15 INFECTIOUS DISEASE Penalty for bringing into city 60 14 INSPECTION Of weights and measures 91 (See WEIGHTS AND MEASURES.) Of oil, etc 94 1-2 Of lumber and other articles, power of Coun- cil respecting 1 22, 169 Of oil, State law concerning 207-209 INSPECTOR (of Weights and Measures) Ap- pointment and bond of What standards used by - General duties of 91 Duties of on complaints, etc '. i When to condemn instruments 92 To make yearly report - Penalty for using uninspected scales, etc i Penalty for hindering or delaying Inspector Inspector to seal standards for Measurer i 272 INDEX. PAGE. SEC . . 18 9 Fees of Inspector INSURANCE AGENTS- Power of Council to tax and license 178 1 INSURANCE COMPANIES Power of Council ^ to tax and license 178 Tax on, fixed by charter 165 Required to take license, etc 50 1 INTOXICATING LIQUORS Policemen not to drink while on duty 102 Penalty for supplying prisoner with 66 (See LIQUORS.) INTOXICATION Penalty for 58 Of member of fire department 22 12 vJ. JACK Penalty for exhibiting 55 1 Power of Council to prohibit exhibition of ! 32, 1 76 JEFFERSON STREET Grade of 30 (See GRADES.) JUDGES OF ELECTION Power of Council to appoint 360 Appointment of. 13 2 Oath of. 13 To make sealed returns 14 To make proclamation, etc 15 5 To examine and lock ballot boxes 15 6 Counting of ballots by 15 8 Pay of 17 5 JUDICIARY COMMITTEE Appointment of..... 10 4 JUDGMENT Entry of in case of concealed wea- pons 55 10 By default, when taken 71 11 Immediate payment of required 71 12 Appeal from allowed 72 16 Against keeper of nuisance, what 79 1 JUNK DEALER (See JUNK SHOPS AND LICENSES.) JUNK SHOPS Definition, license, etc 41 1 Rate, time, etc 41 2 Applicant required to give bond 41 2 Keeper to record description of articles 42 3 All property to be kept three days 42 4 Penalty for receiving property wrongfully 42 5 JURORS Power of Council to fix fees of.....*! 24, 169 Feesof,tixed 17 3 Number and qualifications of 70 9 INDEX. 273 Fees of, to be advanced PA "% JURY TRIAL-When allowed,' etc,'.' " 70 JUSTICE OF THE PEACE-Council may require to give bond 175 9 IK!. KENO TABLE Penalty for keeping 57 10 KEROSENE Penalty for drawing by gaslight 59 9 KITE FLYING Prohibited in business part of city 59 4 L. LAMPS Public, penalty for interfering with 63 11 LARD Place of rendering, a nuisance 76 17 LAWN Penalty for driving upon 61 3 L., B. & M. R. R. Right of way granted to.112^114 1-8 LEE STREET Grade of. .. 26 (See GRADES.) LEVY Collector of taxes to make 86 3 LICENSES Manner of applying for and issuing... 33 1 Form and contents of license, etc 34 2 To be exhibited on demand 34 2 Construction, time, etc 34 3 Revocation, forfeiture, etc 34 4 OF AUCTIONEERS When required 34 1 Bond to be required 35 2 Rate and time of. 35 3 Application for 35 3 Construction of. 35 4 One per cent, of sales paid to city 36 5 Book to be kept 36 Statement of sales 36 Selling without license, penalty 36 7 Various frauds prohibited 36 For billiard tables and ten pin allies 36 Butcher's license, rate, etc 37 FOR HAWKERS AND PEDDLERS Peddling without license, penalty 40 Council may exempt residents 40 Canvassing, commercial travelers, etc 40 Rate of license for peddling 40 Application -J Junk shops to be licensed ^ Rates for junk shops 4 License of milk men 42 35 274 INDEX. PAGE. SKC. Pawnbrokers to be licensed 43 Rate of pawnbroker's license, bond, etc 43 License of porters and runners 44 1 Rate for porters and runners 45 When issued to hotel keeper for porter 45 Scavenger's license 46 1-2 License for shooting galleries 47 1-3 License for shows and exhibitions 47 1 Rate for shows and exhibitions 47 License for vehicles 48-50 1-7 License to insurance companies 50 1 License to bill posters 50 2 License for various other purposes 51 3 License for selling liquor 51 1 Application for liquor license 51 2 Applicant for liquor license to give bond 51 Appointment of committee on licenses 10 4 Plumbers required to take license T[2, 126 City Clerk to issue licenses and keep record.... 85 2 LIGHTS When kept at crossing of railroads 108 4 LIFTING APPARATUS License required for... 51 3 LIQUORS Power of Council over f 13, 168 Inspection of authorized ^ 22, 169 Penalty for keeping at engine house or fire 22 11 Penalty for selling without license 51 1 Application for license bond, etc 51 2 Terms and conditions of bond 51 3 Dramshop defined license, etc 52 4 Penalty tor selling to minor, drunkard, etc 52 5 Selling on Sunday, etc 52 6 Giving away of, and other devices 52 7 Definition of " Intoxicating Liquors,".. 52 7 LOCOMOTIVE Speed of regulated in city 108 6 Penalty for needlessly sounding whistle of 109 7 LOCUST STREET Grade of 31 (See GRADES.) LOTTERIES Penalty for maintaining or permit- ting 7. 57 12 Sale of lottery tickets prohibited 57 12 LUMBER When to be measured 93 2 Council may provide for inspection of. f 22, 169 LUNG TESTERS License required for 51 3 INDEX. 275 MADISON STREET Grade of ....... ..* A 26 * K ' (See GRADES.) MAIN STREET Grade of. .................. 27 (See GRADES.) MANURE When a nuisance ...................... 73 MARKETS Power of Council to regulate ...18, 167 For hay, straw, wood, etc ....... , 64 19 MARKET STREET Grade of, ........... '.'.'.'.'.'.'.'.'.'.".'.".'. 30 (See GRADES.) MARSHAL (See CITY MARSHAL.) MASON STREET Grade of. ........................... 25 6 (See GRADES.) MATERIALS For use of city, how purchased ...... 117 1 (See SUPPLIES AND CLAIMS.) MAYOR How elected, etc ............................... 158 2 To determine tie vote ................................. 158 4 Qualifications of. ........................................ 159 5 Removal of, from city .................... ............ 159 5 Charter duties of. ...................................... 161 1 Powers of. ................................................ 162 5-6 To approve or veto ordinances ........................ 162 7 Not to hold certain offices ............................. 175 10 Not to be interested in contract with city ....... 175 10 Limit of salary .......................................... 179 4 To sign deeds of cemetery lots ...................... 7 4 May call special meetings of Council ............. 10 1 Acting Mayor, to act in absence of. ................ 10 Bond required of. ....................................... 10 To appoint standing committees .................... 10 4 To enforce order in Council ...................... 1 8, 12 To issue proclamation respecting dogs ............ 12 Tie vote certified to .................................... 14 How to decide tie vote ................................. 14 Salary of, fixed .............................. ............ 16 To designate place for removal of patients ...... 60 To be head of police department ................... 99 May appoint special policemen ...................... 1C To assign rank of policemen ........................ 101 To appoint Water Board .............................. 119 To fill vacancies in Water Board ................... 120 Appointing power of. ................................ 2( Power to approve and veto ordinances ............ 2fc 276 INDEX. PAGE. SEC. McLEAN STREET Grade of. 28 (See GRADES.) MEASURES (See WEIGHTS AND MEASURES.) MEASURER (See CITY MEASURER.) MEAT When Council may authorize seizure of... 140,171 MEAT INSPECTORS All policemen to be du- ties, etc 39 6 (See BUTCHERS.) MEETINGS Of Council, regular and special 9 1 Of Council, hour of. 11 6 Of Water Board 120 3 MECHANICAL WORK Council may provide for measurement of. 1 2, 169 Measurement of required 93 2 MENAGERIE (See SHOWS AND EXHIBITIONS.) MENDICANTS Power of Council to restrain and punish 135,170 MERCHANTS Power of Council to license..! 9, 167 MERCHANDISE Rate of charges for transport- ing 49 4 (See VEHICLES.) MILK Adulteration of prohibited 43 3 MILKMEN Required to take out license 42 1 To place names on vehicles 43 2 Penalty for selling adulterated milk 43 3 MINOR Penalty for selling liquor to 52 5 Junk dealer not to receive property of. 42 5 Pawnbroker not to receive property of. 44 4 MINSTREL PERFORMANCE (See SHOWS AND EXHIBITIONS.) MISDEMEANORS Chapter 11, page 53. DIVISION 1. OFFENSES AGAINST THE PUBLIC PEACE AND QUIET. Assault, assault and battery and affrays 53 1 Disorderly conduct, breach of the peace 53 2 Disturbing peace of city, etc 54 3 Traducing, challenging, fighting, etc 54 4 Collecting in crowds, etc 54 5 Disturbing congregation or assembly 54 6 Disturbing funeral 54 7 Sunday labor or amusement 54 8 Carrying concealed weapons 54 9-10 False alarm, etc .55 n INDEX. 277 DIVISION 2. OFFENSES AGAINST PUBLIC MORALS^ AND DECENCY. Exhibiting jack or stud in street 55 1 Indecent exposure of person 55 Sale of obscene books, etc 56 Having obscene books in possession 56 4 Exhibiting obscene play 56 5 Obscene writing or figure 56 6 Keeping disorderly house 56 7 Keeping house of ill-fame 56 8 Inmate of house of ill-fame, etc 56 9 Keeping gaming house 57 10 Inmate of gaming house 57 H Betting " 57 11 Selling Pools 57 11 Lotteries, lottery tickets, etc 57 12 Cruelty to animals 58 13 Drunkenness 58 14 DIVISION 3. OFFENCES AGAINST PUBLIC SAFETY, CONVENIENCE AND HEALTH Firing cannon, guns, fire-crackers, etc 58 1 Immoderate driving 58 2 Failure to mark poison 58 3 Dangerous sports, kite flying, etc 59 4 Frightening horses 59 Leaving animal unfastened 59 Taking" runaway horses upon street 59 7 Failure of driver of vehicle to pass to the right 59 Weighing of gunpowder or gun-cotton by gas- light 59 Drawing kerosene, etc., by gaslight 59 Permitting vicious animals to go at large 59 Placing or occupying chairs in aisles 60 Turning stream of water upon person or prop- erty 60 Selling unwholesome provisions..... f Bringing contagious disease into city f Nurse going upon street Physician to change clothing, penalty ( Health officer to be notified in case of small-pox 60 DIVISION 4. OFFENCES CONCERNING PROPERTY- Injury to pavements, sidewalks, etc Obstructing public improvements Injuries to bridges, buildings, etc 61 Driving upon sidewalk or lawn I 278 INDEX. PAGE. SEC. Placing rubbish on sidewalk or street 62 4 Suffering snow to remain on sidewalk 62 5 Suffering ice or dirt to remain on sidewalk 62 6 Feeding in fire limits or on paved street 62 7 Turning animals into public enclosure 62 7 Hitching animals to trees, lamp posts, etc 62 8 Throwing stones, etc 62 9 Trespass to private premises 63 10 Interfering with street lamps 63 11 Taking water from city cistern or well 63 12 Vehicles standing on streets 63 13 Getting upon cars while in motion 63 14 Ball playing upon public grounds 63 15 Obstructing street, sidewalk, etc 63 16 Driving vehicle over fire hose 63 17 Removing earth from streets 64 18 Market place for hay, straw, etc., penalty 64 19 Excavations in streets and alleys 64 20 DIVISION 5. VAGRANTS Definition of Vagrant... 65 1 Penalty for vagrancy 65 2 Penalty on second conviction of vagrancy 65 3 DIVISION 6. OFFENCES AGAINST OFFICIAL AUTHOR- ITY Falsely personating an officer 66 1 Wearing policeman's star or badge 66 1 Resisting or delaying officer 66 2 Assisting prisoner to escape 66 3 Refusing to assist policemen 66 4 DIVISION 7. GENERAL PROVISIONS Attempt to commit offense 67 1 Accessories defined 67 2 Offences by agentb, servants, etc 67 2 Offences not provided for 67 3 Power of policemen to arrest stragglers 57 4 Boys abroad at night 68 5 Marshal to enter gaming house 68 6 DIVISION 8. PROCEEDINGS TO RECOVER FINES AND PENALTIES Actions to be in name of city. 68 1 City not to pay cost 69 1 Suit may be commenced by summons 69 2 Suit maybe conducted like action of debt before justices 69 2 When warrant shall be issued 69 3 Form of affidavit 69 4 Continuances 70 5 Recognizance required on continuance 70 5 INDEX. 279 Magistrate to place true name on docket 70 ""i Amendments allowed 70 7 When process not necessary 70 8 Bill of particulars, when filed 70 8 Trial by jury 70 9 Duty of officer making arrest 71 10 Defendant failing to appear 71 11 Defendant kept in custody till fine is paid 71 12 Executions, form of, etc 71 13 Prisoner to be compelled to work 72 14 Re-arrest of prisoner in case of escape 72 15 Effect of discharge when fine is not worked out 72 15 Appeals 72 16 MOIETY Allowed to person informing against butchers 39 When not allowed to officer 39 How allowed in case of butchers 39 8 MONTH Construction of word 98 MONEY-CHANGERS Council may license...^ 9, 167 MULE Not to go at large 1 1 Immoderate driving of prohibited 58 MULBERRY STREET Grade of. 31 (See GRADES.) nsr. NAME Of defendant, unknown 70 6 True name of defendant to be placed on docket 70 6 NORTH STREET Grade of. 30 (See GRADES.) NOTICE To unknown owner of animal, form, etc Of sales of impounded animal, etc NUISANCES Power of Council over 1 4, 167 ENUMERATION AND PUNISHMENT OF NUISANCES. When animal deemed a nuisance Dog, when deemed nuisance 13 Stables and hog pens 73 1 Manure Gunpowder and gun-cotton 'J Tar, pitch, rosin, etc J* Bills and placards Dairies . Foul premises Obstruction of streams, gutters, etc JO TT . j to Hides 280 INDEX. PAGE. SEC. Discharging foul liquids or substances upon the streets 75 10 Slops, filth, dead animals, etc 75 11 Throwing filth in well or cistern 75 12 Bill-boards 76 13 Gates opening outward 74 14 Slack and refused coal 76 15 Soap factories and other like establishments.... 76 16 Slaughter houses, etc 76 17 Curbing 77 18 Trap doors, gratings, etc 77 19 Dangerous sidewalk 77 19 Ditches, drains, excavations, etc 77 20 Unsafe scaffolds 77 21 Unsafe signs, awnings, etc v 78 22 Trees, clothing, etc., overhanging sidewalk 78 22 Wooden awnings and awnings with support 78 23 Obstructions, excavations, etc 78 24 Coal vaults 78 25 Unsafe buildings, etc 78 26 Council may stop the e rection of unsafe buildings 79 27 ABATEMENT OF NUISANCES Court, on conviction, to order abatement 79 1 Penalty for continuing nuisance 79 2 Summary abatement of nuisance 79 3 How officer to proceed in abating 80 4 Defendant to pay cost of abatement 80 5 Health officer to complain against nuisances 90 4 NURSE Of small-pox patient, not to go on street 60 15 o. OAK STREET Grade of. 26 (See GRADES.) OATH Of judges and clerks of election 14 2 Deemed to include affirmation 98 5 Council may require of officers ^ 1, 167 To be taken by city officers, 82 4 OBSCENE BOOKS, PAMPHLETS, ETC. Selling in city 56 3 Penalty for having in possession 56 4 OBSCENE PLAY Penalty for exhibiting in city. 56 5 License not to authorize 48 3 OBSCENE WRITING OR FIGURE Penalty for making in city 56 6 INDEX. 281 OBSTRUCTIOtf-Of streets, alleys, etc., when nuisance ................................... 7g 24 Of streets, alleys, etc., penalty ...... ......] .' 63 16 Of water courses .......................... 75 g Of street by railroad company ............. ..108 5 OFFAL Rendering of in city, nuisance 17 OFFICIAL BOND-(See BOND, and OFFICERS')" OFFICE To be kept by Inspector of Weights and Measures ................................... 91 3 Of Superintendent of Water Works... .120 5 OFFICER Penalty for falsely personating ........... 66 1 Penalty for resisting or delaying .................... 66 2 In charge of prisoner, duty of...., 72 14 OFFICERS Chapter 13, page 81. DIVISION 1. GENERAL PROVISIONS Appointment and term of officers .............................. 81 1 Qualifications of officers ........................ . ..... 81 2 Bonds of officers ........................................ 82 3 Oath to be taken by officers .......................... 82 4 Officers to be commissioned, form, etc ............ 82 5 DIVISION 2. CITY ASSESSOR Appointment and bond of Assessor ................................. 83 1 To be governed by statutes ............................ 83 2 Appointment of Township Assessors for city... 83 3 DIVISION 3. CITY ATTORNEY Qualifications and bond ................................................ 83 1 Duties of Attorney ..................................... 83 DIVISION 4. CITY CLERK Bond of City Clerk... 84 1 Duties, etc ............................. .~ ................. 85 2 Office hours of Clerk ............... ... ............ 1 7, 85 DIVISION 5. CITY COLLECTOR Bond of City Col- lector ................................................ 85 1 Duties, etc ................................................ 86 Settlement of Collector ................................ 86 To report delinquent taxes to Council ............ 86 Appointment of Town Collectors for city ........ 86 4 DIVISION 6. CITY ENGINEER Appointment and bond of Engineer ................................. 86 Stipulation in Engineer's bond ..................... 86 Duties of City Engineer generally .................. 87 Materials, maps, records, etc ........................ Not to do outside work, etc .......................... To be ex-qfficio commissioner of sidewalks, etc.. 88 DIVISION 7. CITY WEIGHER Appointment and bond of .............................................. 89 36 282 INDEX. PAGE. SEC. Deputies 89 General duties of weigher 89 Record of weights kept 89 3 False certificates of weight, penalty 89 4 DIVISION 8. HEALTH OFFICER Appointment and bond 90 1 General duties 90 Penalty for disobeying orders of. 90 3 To prosecute nuisances 90 4 Marshal and policemen to assist 90 5 Council may retire from pay 91 6 DIVISION 9. INSPECTOR OF WEIGHTS AND MEAS- URES Appointment and bond 91 1 Clerk to procure standards for 91 2 To keep office in city 91 3 Inspection made by 91 3 Duty on complaint being made 92 4 When to condemn scales, etc 92 5 Report made to Council 92 6 Penalty for using uninspected instruments 92 7 Using false weights, penalty 93 8 Hindering or delaying inspector 93 9 DIVISION 10 MEASURER Appointment and bond 93 1 Articles to be measured 93 2 Certificate of measurement 93 2 False certificate 94 3 Refusal to measure, penalty 94 4 DIVISION 11 OIL INSPECTOR Appointment and bond 94 1 Duties of. 94 2 DIVISION 12 STREET COMMISSIONER Bond of..... 95 1 Duties of. 95 2 DIVISION 13 TREASURER Bond of. 96 1 General duties of. 96 2 What accounts kept by 96 3 CHARTER PROVISIONS CONCERNING OFFICERS 158 1-11 When to enter upon duties 160 10 Compensation of to be fixed by Council 160 11 Powers and duties of generally 161 1-12 To be conservators of peace 176 12 Appointment and removal of officers 203-204 Act concerning salaries of officers 218-219 (For POLICE OFFICERS see POLICE DEPARTMENT.) OIL When to be inspected 94 2 Act concerning inspection of. 207-209 INDEX. 283 OIL INSPECTOIU-Appointment and bond of.... .^94 "} Inspection made, report, etc 94 Fees of, fixed ' ig OLIVE STREET Grade of. ....I!!!!!!!!!"! \ 29 (See GRADES.) OMNIBUS Power of Council to license \ 9, 167 Rate of license for 43 2 (See VEHICLES.) ORDER For abatement of nuisance 79 1 For payment of money, clerk to keep account of. 85 -2 For sale of impounded animal 83 5 Form of, in case of animal 4 8 For cemetery purposes, what to contain 8 6 For supplies, copies filed with clerk 118 3 Fo! payment of foreign claim, how issued 118 5 ORDINANCES Power of Council to pass...l 42, 171 Style and publication of. 174 1 Power of Mayor to approve or veto 162 7 Council may impose fines for breach ^[ 41, 171 How proved 174 To remain in force under new charter 174 Further power of Mayor to veto, etc 204 Passage of, over Mayor's veto 204 To lie over one week after presentment 11 All licenses to be subject to 34 Publication of, made by Clerk 97 When to take effect 97 Offenses punishable under two sections 97 Construction of singular and plural words, etc. 97 To include corporations '-'7 Construction of words, "court," "month," " sworn," 98 Rules of costruction applied 98 Construction of repeals General repeal ^ Adopting and publishing ordinance 13^ Duty of City Attorney to draft 1 6, 84 IF. PANORAMA (See SHOWS AND EXHIBITIONS.) PASSENGERS Rate of charges for carrying 4 (See VEHICLES.) PAVEMENT Penalty for injuring I PAWNBROKERS Power of Council to license, ^[ 9, 167 284 INDEX. PAGE. SEC. Who deemed a pawnbroker 43 Required to take out license 43 1 Rate, time, bond, etc . 43 To record description of property 44 Penalty for receiving property unlawfully 44 4 Time of receiving property 44 5 PEDDLERS Power of Council to license f .9, 167 Penalty for failure to take out license 40 1 Residents may be exempted 40 Canvassers, commercial travelers, etc 40 Rate wbat articles exempt 40 Application 41 4 Violations penalty 41 PELTS When a nuisance 75 9 PEN For cattle, hogs, etc., when a nuisance 73 1 PENALTIES Council may provide for recovery of. 1 41, 171 Council may cause to be worked out i 41, 171 Not to exceed one hundred dollars f 42, 171 Penalty for permitting animals to go at large... 1 1 For breaking pound, etc 5 13 For wrongfully taking up animal 6 14 For digging grave in lot of another 7 3 Against Treasurer for neglect, etc 8 6 For various trespasses in cemetery 9 10-11 For failure to comply with dog ordinance 13 5 Against City Weigher for extortion 19 11 For keeping or using liquor at engine house, etc 22 11 For violating fire rules 22 14 For keeping billiard table or ten pin-alley with- out license 36 1 For keeping billiard room, etc., open on Sunday 37 2 For permitting minors to play at billiards or ten-pins 37 3 For butchering without license 37 1 Against butcher for failing to keep book 38 2 Against butcher for making false report 38 3 For killing diseased animal 38 4 For selling diseased meat 38 5 For selling condemned meat 39 7 For peddling without license 40 1 For keeping junk shop without license 41 1 Against milkmen for failing to take out license 43 1 INDEX. 285 Against milkmen for failing to place name on""' vehicle 4g 9 For selling adulterated milk '."' Against pawnbroker for failure to take "license" 43 1 Against pawnbroker for other violations 44 3 Against pawnbroker for receiving stolen prop- _ ertv .-: 44 4 * or receiving property in pawn after 9 o'clock. 44 5 Against porters and runners for failure to take license 45 j Against porter for failure to wear badge 45 4 Against porter for annoying travelers 45 5 Against scavenger for failure to pay license 46 1 For scattering filth upon streets 46 3 For cleaning privy in daytime 46 4 For keeping shooting gallery without license... 47 1 For exhibiting show without license 47 1 For failing to number vehicle 49 3 For refusal to transport persons or property 50 6 Against insurance company for failure to take license 50 1 Against bill posters 50 2 For selling liquor without license 51 1 For selling liquor without giving bond 52 3 For keeping dramshop without license 52 4 For selling liquor to minor or drunkard 52 For keeping open dramshop on Sunday, etc 52 6 For various misdemeanors 5372 For offenses not otherwise provided for 67 3 For disobeying order of liealth Officer 90 3 For using improper weights or measures 92 5-8 For hindering inspector, etc 93 9 For exhibiting false certificate of measurement 94 Against Measurer for neglect of duty 94 For interfering with Water Works, etc 122 10-11 For sprinkling streets at wrong time f 12, 124 Against City Weigher for neglect of duty 89 For continuing nuisance 79 Proceedings to recover penalties 68-72 1-16 Manner of suing for penalties.... 69 For erecting wooden building in fire limits For constructing sidewalk off grade 25 Against auctioneers PEST HOUSES Power of Council to establish! 4, 17< PETITIONS To Council to be in writing 11 286 INDEX. PAGE. SEC. PETROLEUM When a nuisance 74 4 PHYSICIANS To change clothing in case of small-pox 60 16 PIGEON-HOLE TABLES License for, required.. 37 1 (See LICENSES.) PIN ALLEYS Power of Council over f 30, 170 PIfcTOL Penalty for firing in city 58 2 Council may prohibit carrying of. T 38, 171 (See WEAPON.) PITCH When a nuisance 74 4 PLACARD To be posted in case of small-pox 61 17 Posting of on property, a nuisance 74 5 PLATS Of water mains, etc 121 7 Council to approve 176 11 Act of Legislature concerning 210-214 Of city cemetery, to be made 6 2 PLUMBERS Rules for government of. 126 13 Required to be licensed and give bond 1 2, 126 When deemed to forfeit license 1 3, 127 Report of 1 16, 129 To give certificate of repairs i 13, 130 Not to leave water on premises *j[ 19, 130 Not to make attachment without permission.... 117,129 POISON Penalty for failing to mark 58 3 POLICE Power of Council to provide, etc..l 36, 170 Committee on, appointed 10 4 POLICE DEPARTMENT Of what officers com- posed 99 1 Mayor to be head of 99 2 Power of members 99 3 Duties of City Marshal 100 4-6 Marshal to keep property of department 100 5 Stars of special policemen 100 5 Marshal to make monthly report 100 6 Duties of subordinate members 101 7 Appointment of special policemen 101 9 Causes of removal of members 101 10 Rules and regulations of department 102 11 Police uniforms 104 12 Members of, may call on bystanders for aid 66 4 Members of, to arrest stragglers 67 4 Power of Council 1 36 170 POLICE HEADQUARTERS Persons arrested to be taken to ^ 18, 104 11 INDEX. 287 Policemen to report at, for roll call.., . f 20*104 POLICEMEN-Duty of to take up animals... Fees of 16 Not to receive impounding fees 17 ~\ To assist at fires 10 To carry fire alarm To assist Health Officer ' 99 General duties of. 101 Hank of to be assigned 101 9 Causes for removal of 101 10 (See SPECIAL POLICEMEN.) POLICE REGULATIONS Licenses subject to... 34 4 POLICE CONSTABLES Council may require to give bond 175 9 POLICE MAGISTRATES Council may require to give bond 175 9 Election of, authorized 216 1-2 Fees of witnesses attending before 17 4 When to issue warrants 69 3 POLICE AND FIREMEN'S RELIEF FUND Act of Legislature concerning 214215 POLLS Of city election, when opened and closed. 15 5 POOL When a nuisance 74 7 POOLS Penalty for selling 57 11 POOL TABLES License for required 37 1 PORK Inspection of authorized 1 22, 169 PORTERS AND RUNNERS Power of Council to regulate 1 10, 168 License and bond required of. 44 Rate and time 45 Hotel keepers may take out license 45 To wear badge with name 45 Penalty against, for misconduct 45 5 POUNDS -Power of Council to establish f 27, 170 Pound-keeper to provide Penalty for breaking open 5 POUND-KEEPER Appointment and bond of. To provide pounds and impound animals To make complaint against owner To post notices to owners To post notice of sale, and sell 5 May appoint deputies Additional appointed Book kept, surplus proceeds, etc Penalty for hindering or delaying 288 INDEX. PAGE. SBC. Fees of. ..................................................... 17 6 PRAIRIE STREET Grade of. .......................... 28 (See GRADES.) . PRIVIES Power of Council over ....> ........ 1 17, 168 When a nuisance ........................................ 74 7 Cleaning of by scavenger ............................. 46 4 PRINTING Committee on appointed ................. 10 4 PRISONER To be compelled to work ................ 72 14 Escaping may be re-arrested ......................... 72 15 Attempting to rescue, etc ............................. 66 3 PRIZE PACKAGES Sale of prohibited ............ 57 12 PROCESS Amendment of, allowed ................... 70 7 When not required ..................................... 70 8 PROPERTY Of city, vested in corporation ........ 175 5 PROOF Of publication of ordinances ................ 174 1 PROSTITUTES Power of Council to restrain and punish ......................................... f 35,170 PROCLAMATION On opening and closing polls 15 5 Of Mayor respecting dogs .......... ................. 12 4 PROVISIONS Unwholesome, Council may cause seizure of .......................................... ^[ 40, 171 PUBLICATION Of ordinances, how proved ...... 179 3 Of ordinances, Clerk to make ....................... 79 1 Of revised ordinances authorized .................. 134 Of notice to unknown owner of animal .......... 3 6 PCJBLIC BUILDING Penalty for placing chair in aisle of. ........................................... 60 11 RAILROAD Penalty for getting upon car while in motion ............................................ 63 14 Committee on appointed .............................. 10 4 Companies to maintain crossings ................... 107 1-2 Cost of crossings recovered from company ...... 108 3 Watchmen, etc .......................................... 108 4 Obstruction of street by company .................. 108 5 Rate of speed regulated ............................... 108 6 Sounding whistle ....................................... 109 7 Street cars, stopping place" for ....................... 109 8 Construction of ordinance ........................... 109 9 Right of way of I., B. & W. R. R ............ 110-112 Right of way of L., B. & M. R. R ........... 112-114 Power of City Council over ................. f 19, 168 RAILROAD COMPANIES (See RAILROADS.) INDEX. 289 RANK Of policemen ..^01 "9 RAVINE Obstruction of nuisance.. REBATE OF TAXES-Act of legislature' concern- mg 217-218 RECORD Of water permits to be kept 121 5 Kept by Clerk of Water Board ......121 6 REGISTRATION Of voters when not required. ..179 6 RENDERING ESTABLISHMENTS-Power of Council over ^ ig, 168 When nuisance 75 17 REQUISITIONS For supplies to be 'made to* Council 117 2 (See SUPPLIES AND CLAIMS.) RESERVOIRS Council may regulate | 31, 170 REPEAL Of ordinance, construction of. 98 7 Of former ordinances 98 8 REPORT Of City Attorney .". 84 2 Of City Collector 86 3 Of City Engineer 87 3 Of Inspector of Weights and Measures 92 6 Of Oil Inspector 94 Of Street Commissioner 95 2 Of City Treasurer 96 2 Of City Marshal 100 6 Of Water Board 121 8 Of Plumbers j 16, 169 RETAILERS Power of Council to license.... f 9, 167 RETURNS Of election transmitted to Clerk 14 REVENUE Charter provision concerning 164 1-3 Finance committee to present estimates 115 Council to certify amount to Clerk 115 Manner of extending taxes 116 Delinquent taxes, report of collectors, etc 116 Settlement with collector 116 All payments to be made to Treasurer 116 6 REVISION Of ordinances adopted 134 REVOLVER Penalty for firing in city 58 (See WEAPONS.) REWARD Policeman not to accept 102 RIOTS Power of Council to suppress 1 16, 168 ROAD TAX Inhabitants of city exempt from 1( ROSIN Council may regulate storage of,...-.f 17, 168 When a nuisance 74 ROUT Power of Council to suppress 1 16, 168 37 290 INDEX. FAQE. SBC. RULES AND REGULATIONS For distribution of water 122 For government of plumbers 126 13 For government of City Council 11 6 RUBBISH Penalty for placing on street 62 4 RUNNERS (See PORTERS AND RUNNERS.) RUNAWAY HORSES Penalty for taking upon street 59 7 s. SABBATH (See SUNDAY.) SALARIES Of officers, act concerning 218-219 (See FEES AND SALARIES.) SALOON To be closed on Sunday 52 6 To be closed at eleven o'clock 52 6 Frequenters of, deemed vagrants 65 1 SAMPLE SELLERS Council may license... .f 9, 167 SCAFFOLD Unsafe, a nuisance 77 21 SCAVENGER To obtain license and give bond... 46 1 Rate and time of license, etc 46 2 Construction of vehicle 46 3 Time and manner of cleaning privy vaults 46 4 SCALES Weigher to have charge of. 89 2 SCHOOLS Acts of legislature concerning 219-229 SEAL Of city to be kept by Clerk 163 8 Of Inspector Weights and Measures 91 3 SECOND WARD Boundaries of. 118 1 SECURITY FOR COST City not required to give 69 ] SERVANT Offenses comitted by 67 2 SERVICE PIPE Material used for f 4, 123 For supplying two or more premises f 5, 123 Water takers to keep in repair ^f 6, 123 When to be of lead or iron ^ 11, 128 Weight of lead pipe established ^ 12, 128 SETTLEMENT Of City Collector 86 3 SEWERS Power of Council over 1 17, 168 Penalty for injuring 61 1 Obstruction of, a nuisance 75 8 Power of Council to construct 172 3 Council may issue bonds for construction of..... 180 12 Power of City to levy tax for 129-130 When nuisance 74 7 SEXTON ( of Cemetery ) Appointment powers and duties of. 8 7 INDEX. 291 When to remove bodies PAO g 8 *g Mortuary record, report of Sexton.!!!!!!!! 9 Trespassing, disobeying orders, etc ! ! ! 9 JQ Going upon grounds without permission.!! 9 H Fees of Sexton ' jo ^ SHADE TREE Penalty for hitching animal to 62 SHEEP Not to go at large .. SHIFTS AND KEVICES-To avoid "liquor" or"dV- nances 52 7 (See LIQUORS.) SHOOTING GALLERIES License required for... 47 1 Rate of license for 47 Not to authorize shooting out of door... SHOWS AND EXHIBITIONS Power of Council to license f' n 168 License required for 47 i Rate, etc 47 Rate for miscellaneous shows 48 License not to authorize indecent play 48 SHUFFLE BOARD Penalty for keeping 57 SIDEWALKS Power of Council to require built.,172 Duties of Commissioner of. 188 Grade of fixed 25 Persons constructing to obtain grade 25 When nuisance abatement, etc 25 Gates not to swing over 76 Committee on appointed 10 Penalty for injuring 61 Penalty for driving upon 61 Penalty for placing rubbish on 62 Penalty for letting snow remain on 62 Suffering ice or dirt to remain on 62 Penalty for obstructing 63 Posting bills on a nuisance 74 When a nuisance 77 Failure to refill excavation under 77 Obstruction of, nuisance 78 Obstruction of by railroad company 108 What time of day to be sprinkled...... ..-1 12, 12^ Act concerning construction of by cities... 231-234 SIGN When a nuisance SIGNALS To be given by engineer of fire engine 2 SIXTH WARD Boundaries of fixed.. 11* SKINS When nuisance 75 292 INDEX. PAGE. SEC. SLAUGHTER HOUSES Power of Council over j. 1 17-18, 168 When nuisance 76 SLOPS When nuisance 75 11 SMALL-POX Penalty for bringing into City 60 14 Health officer to be notified of. '.. 60 17 SNOW Power of Council respecting f 33, 170 Penalty for suffering to remain on sidewalk 62 5 SOAP FACTORY Power of Council over..! 17, 168 When a nuisance 76 16 SOUTH GROVE STREET Grade of. 29 (See GRADES.) SPECIAL ASSESSMENTS Engineer to be Com- missioner of. 88 6 Art. 9 of general law adopted 117 1 Art. 9, etc 181-196 Apportionment of act concerning 205-206 SPECIAL POLICEMEN Appointment and qual- ifications of. 101 8 SPIRITUOUS LIQUORS (See LIQUORS.) SPORTS When Council may prohibit 1 9, 127 SPRINKLING Water rent for 1 14, 124 Of streets, (See WATER SUPPLY.) SQUIB Penalty for exploding in city 68 1 STANDARD Of weights and measures SI 2 STABLES Power of Council over f 17, 168 When nuisance 73 1 STAND-PIPE Superintendent to keep watch of...l21 5 STACK When unsafe, a nuisance 78 26 Power of Council to stop building of. 79 27 STALLION Council may prohibit exhibition of 1 32, 170 Penalty for exhibiting on street 55 1 STAMP Used by Inspector of Weights and Meas- ures 91 3 STANDING COMMITTEES Of City Council, what 10 4 (See CITY COUNCIL.) STIPULATION In Engineer's bond 87 2 STONE COAL Inspection of authorized 1 22, 169 STOP COCKS Connected with Water Works, how constructed ! 7, 127 To be inspected by Superintendent J 9, 128 STRAGGLERS May be arrested at night 07 4 STRAW Market place for established 64 19 INDEX. 293 STREAM Obstruction of, a nuisance A< 75 8 STREETS Power of Council to light, repair, etc! .1 7,167 Power of Council over generally 172 3 Additional tax for lighting authorized 178 1 Sprinkling of. , j 12, 124 Herding or tying of animals on 6 15 Grades to be at centre lines of. 24 2 Grades of established 125-132 Gate swinging over, a nuisance , 76 14 (See STREET and ALLEYS.) STREETS AND ALLEYS Committee on ap- pointed 10 4 Penalty for placing rubbish on 62 4 Discharging filth upon, nuisance 75 10 Penalty for obstructing 63 16 Penalty for removing earth from 64 18 Making excavations in without permission 64 20 Failure to refill ditches in, nuisance 77 20 Obstruction of, a nuisance 78 24 Street Commissioner to cleanse yearly 95 2 Obstruction of by railroad company 108 5 STREET CARS Stopping place for 109 STREET COMMISSIONER Bond of. 95 1 General duties of. 95 To notify railroad companies to build crossings.107 2 STUD (See STALLION.) SUITS To recover fines, where brought 175 SUMMONS When suit commenced by 69 SUNDAY Billiard rooms, etc., open on 37 Dramshop open on 52 Labor or amusement on prohibited 54 SUPERINTENDENT OF WATER WORKS- Appointment and bond of. 1- Duties of generally 1 Duty on application for water 1 2, 122 To have access to premises, etc 1 22, 1 Attachments made in presence of. t 4, 1 SUPPLIES AND CLAIMS Time contracts tor- Requisition presented to Council 11 Who to purchase order bill, etc 1 When bill not allowed JJ Bills to be itemized foreign clainaa 11 SURVEYOR (See CITY ENGINEER.) SURVEYS Of city cemetery 294 INDEX. PAGE. SEC. SWINE Not to go at large 1 When keeping of, a nuisance 73 1 "SWORN" Construction of word 98 5 T. ' TALLOW When rendering of, a nuisance 76 17 TALLOW CHANDLERY Power of Council over 1 17, 168 When a nuisance ^ 76 16 TANNERY Power of \uncil over 1 17, 168 When a nuisance ...ii \ 76 16 TAR Power of Counc \egulate-storage of. f 17, 168 When a nuisance , J 74 4 TARGET SHOOTING v bee SHOOTING GALLERY.) TAVERNS Power of Council to license 1 9, 167 TAXES Upon dogs paid to Marshal 12 1 For bewerage and water purposes 229-230 Power of Council to levy 164 1 Upon insurance companies 165 2 Citv exempt from road tax 166 3 To "be extended by County Clerk 116 3 Delinquent to be returned to County Collectorll6 4 Act concerning rebate of. 217-218 (See REVENUE.) TAXATION (See REVENUE.) TEN-PIN ALLEYS License for 37 1 When to be closed 37 2 Keeper of to exclude minors 37 3 Power of Council to license f 30, 170 THEATRE (See SHOWS and EXHIBITIONS.) THIRD WARD Boundaries of, fixed 118 1 TIE VOTE Mayor todetermine 158 4 To be certified to Mayor 14 3 Manner of determining 14 4 TIME CONTRACTS For supplies for city 171 1 TIPPLING HOUSE Power of Council overt 12, 168 When to be closed 52 6 (See LIQUORS.) TORPEDO Penalty for exploding in city 58 1 TOWNSHIP ASSESSOR May be appointed for city 83 3 (See CITY ASSESSOR.) TRAP DOOR Leaving open, nuisance 77 19 INDEX. 295 TRADUCING Penalty for .............. ..^54 TRAMPS Deemed to be vagrants ....... ' 65 (See VAGRANTS,) TREE Penalty for hitching horse to .................. 62 8 When a nuisance ................. 70 92 TREASURER (See CITY TREASURER'.)'" TRESPASS Upon private premises prohibited... 63 10 TRIAL BY JURY May be demanded in prose- cutions ................................................ 70 9 (See JURY TRIAL.) TRUCKS^-Rate of license for ....... ................... 49 2 Charges for carrying property .................. 49 4 Standing place for .............. .................. 50 7 (See VEHICLES.) tr UNIFORMS Of policemen, regulations for ......... 104 12 UNKNOWN OWNER Of animal, proceedings against ................................................ 3 6 (See ANIMALS.) UNLAWFUL ASSEMBLAGES Power of Coun- cil to suppress .............................. ^[ 16, 168 Prohibited ................................................ 54 5 UNSAFE BUILDINGS, ETC. Power of Council to prohibit ................................... t 39, 171 Deemed nuisances ....................................... 78 26 UNSAFE SCAFFOLD Deemed to be nuisances.. 77 21 UNWHOLESOME PROVISIONS Penalty for selling ................................................ 60 13 V. VACANCY In Water Board, how filled ............. 120 In other offices, how filled ............................ 159 VAGRANTS Power of Council to punish. ! 26, 169 Power of Cauncil to restrain and punish..^ 35, 170 Who deemed to be ...................................... 65 Penalty for vagrancy ................................... 65 Second offense ............................................ 65 VAULT When a nuisance ................................ 74 VEHICLES Power of Council over ............ 1 9, 167 For scavengers, how constructed ................... -J When license required for ............................ ] J Rate and time of license .............................. 4 Number of license placed on vehicle .............. 4 296 INDEX. PAGE. SEC. Tariff of rates fixed .................................... 49 Card of rates to be kept .............................. 50 Refusal to transport extortion ..................... 50 Standing place for vehicles ........................... 50 7 Penalty for driving against ........................... 58 When meeting, to pass to the right ........ ^ ...... 59 Standing on sidewalk or crossing, penalty ........ 62 Penalty for letting stand on street .................. 63 Penalty for driving over fire hose .................. 63 16 VENUE Change of, Council may prohibit ........... 171 VICIOUS ANIMAL Not to go at large, penalty.. 59 10 VOTE Of Council, how taken .......................... 11 6 VOTER Qualifications of ................................. 161 WAGON Rate of license for ............................. 49 2 Charge for carrying property on .................... 49 Penalty for letting stand on street .................. 63 13 (See VEHICLES.) Power of Council to license .................... ^[ 9, 167 WALL Posting bills on, a nuisance .................... 74 5 Unsafe, a nuisance ...................................... 78 26 Council may stop building of ........................ 79 27 WALNUT STREET Grade of. ......................... 31 (See GRADES.) WARDS Established by charter ........................ 158 4 Power of Council over .......................... T[ 6, 167 City divided into ............................. ' ............ 118 1 WARRANT Council may authorize issue of ........ 171 2 When to be issued ....................................... 69 3 WASHINGTON STREET Grade of. ................ 29 (See GRADES.) WATCHMEN When to be kept by R. R. Co ...... 108 4 WATER Penalty for taking from fire plug, etc... 122 10-11 Waste of prohibited .............................. f 6, 123 Duration of lease for ........................... ^[ 16, 124 When rent for due, collection, etc ......... ^[ 17, 125 Refusal to pay rent for ......................... ^f 18, 125 Wasting of prohibited ......................... f 18, 125 When supply of may be stopped ............ ^ 23, 126 Tax for authorized ................................ 129-130 Power of Council to provide .................. ^ 5, 167 WATER BOARD To have control of Water Works ....... ..119 1 LNDEX. '2^-j How constituted and appointed.... P n9 "2 Meetings of Board // 12Q President vacancies, compensation, "etc.".! City Clerk to be Clerk of. 120 Duties of Clerk J21 6 Plat of water mains 121 Report of Board g To grant permits ' ..4 1 122 12 To establish price of ferrules ^ 2*, 123 To purchase ferrules supplies ^[ 3' 123 Meters j 21,' 125 Members to have access to premises ^ 22, 125 May rescind rulings of subordinates J 25, 126 May shut oft' supply from delinquents | 4, 132 To establish rules for assessing water rents 134 16 WATER COURSE Obstruction' of, nuisance... 75 8 WATER REXTS Manner of collecting 131 14 Clerk to make assessment book f 1, 131 Treasurer to give notice ^ 2, 131 Personal demand for by Treasurer f 2, 131 Ten per cent, for non-payment f 4, 132 Non-payment after second demand, penalty. "f 5, 132 Tariff of rates established 132 15 Power of Water Board to fix 134 Assessment of. 134 16 Water Board to enforce collection of. 134 16 WATER SUPPLY Chapter concerning 119-134 WATER WORKS Acts of legislature concerning: 234-238 To be under control of Water Board 119 1 Superintendent of appointed 120 Power of Superintendent 120 5 WEIGHER (See CITY WEIGHER.) WEIGHTS AND MEASURES Power of Coun- cil respecting If 21, 169 Inspector of appointed ' Clerk to procure standards Inspection of * Inspection on request, etc 92 Condemnation of. 9- Penalty for using uninspected False weights and measures, penalty - Penalty for nindering or delaying inspector i Act of Legislature concerning 23J WELLS Power of Council to regulate 1 31, 170 298 INDEX. PAGE. SEC. Throwing tilth in, nuisance WEAPONS Power of Council to prohibit carry- ing of. t 38, 171 Penalty for carrying , 54 9 Penalty for supplying prisoner with 66 " ;', (See CONCEALED WEAPONS.) WEST STREET Grade of...'. 26 (See GRADES.) WHISTLE Of fire engine when blown 21 7 Of locomotive, penalty for sounding 109 7 WITNESSES Power of Council to fix fees oft 24, 169 Fees of fixed 17 WOOD Market place for 64 WOODARD STREET Grade of 31 (See GRADES.) WOODEN AWNING Declared a nuisance 78 2(J WRIGHT STREET Grade of 28 (See GRADES.) * UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. RECEIVED MAY 2 3 1886 LOS^KK illinium 3 1158 00642 2488 III !l A 000146110 2 r r m mM 4VW;. T\! Stf MB