r&'' - 3 m 1 ■ afc; •;. ' ‘ ?* - . ;# : J UNIVERSITY OF ILLINOIS LIBRARY AT URBANA-CHAMPAIGN ILL. HIST. SURVEY i A., THE REVISED ORDINANCES OP THE CITY OF FREEPORT, (To February 21st, 1868, inclusive,) TOGETHER WITH THE CHARTER OF SAID CITY, THE SEVERAL AMENDMENTS THERETO, AND OTHER MISCELLANEOUS ACTS RELATING TO CITIES. Revised and Republished, by order of the City Council, by HENRY M. BARNUM, CITY ATTORNEY. f FREEPORT, ILLINOIS: PRINTED BY JAMES S. McCALL. 1868, ■ , To the' City Council of the City of Freeport, Gentlemen : There appears on the Record of your proceedings, of date November 22d, 1867, the following entry: “ On motion of Alderman Courier, the City Attorney was instructed to proceed “ at once to revise the City Ordinances and prepare them for publication.” In compliance with this instruction, I have carefully examined all the Ordi¬ nances of the city passed since the publication of the former book In 1857, have revised and re-written such of the ordinances contained in that book as have been amended or changed during that interval, and have made such modifications, alterations and amendments in others, as have been suggested to me by my own experience and by the experience of those who have observed the practical workings of the several ordinances contained in the former volume. I have endeavored to remedy such of its defects as time has pointed out, and as a result of my labor, I present you with this volume, hoping it may satisfy a want long felt by our Police Courts, as well as meet your expectations in committing the charge of this important task to the undersigned. HENRY M. BARNUM, City Attorney . Freeport, Ill, February 21,1868. TABLE OF CONTENTS PART I. Pack City Charter. 9 Amendments to same,. 25 Police Magistrates’ Act,. 38 Amendment to same,. 40 Act to incorporate Towns and Cities, (extract,). 41 Act to amend the Charters of Cities, etc.,. 48 Act authorizing altering streets, etc.,. 44 Act to provide for vacating Town Plats,. 45 Act concerning Warrants of Cities and Towns,. 46 Rules of City Council,. 47 PART II. Ordinance concerning City Seal,.. 55 “ Assessments,. 56 “ “ Bonds,. 61 “ “ Bridges.. 65 “ “ City Cemetery and Sexton,. 64 “ “ City Officers,. 68 “ “ Corporation Paper. 77 “ “ Dogs,. 78 “ “ Elections,. 81 “ “ Fire Department. 87 “ “ Grades,. 95 “ Gun Powder and Gun-Cotton,. 104 “ “ Hay and Wood Stands,. 106 “ “ Licenses,. 107 “ “ Misdemeanors,. 119 “ “ Nuisances. 129 “ “ Police. 137 “ “ Police Court. 141 “ “ Private Drains,. 146 “ “ Railroads. 147 “ “ Scales,. 150 “ “ Sidewalks,. 153 “ “ Streets and Alleys,. 163 “ “ Taxes,. 173 “ “ Taxes for 1867,. 182 “ “ Wards,. 183 “ “ Warrants,. 185 “ “ Weights and Measures,. 186 “ “ Wood,... 189 “ “ Ordinances,. 183 CATALOGUE OF THE TRUSTEES OF THE TOWN OF FREEPORT From its Organization in 1850 to the year 1855. Julius Smith, JolinK. Brewster, Silas D. Clark, Thomas Egan, John Black, Waiter P. Hunt, 1850-51. Thomas J. Turner, President. John Rice, Joseph B. Smith. 1851-52. Edward S. Hanchett, President. Isaiah G. Bedee, John H. Sclilott. 1852-53. Silas D. Clark, President. Jeduthan G. Fuller, Asahel W. Rice, Frederick Baker, William D. Oyler, Henry Smith,* Julius Smith,! John K. Brewster, Warren C. Clark, 1853-54. Peter B. Foster, President. Jacob Mayer, William W. Smith, Isaac Stoneman.J 1854-55. Asahel W. Rice, President. Edward S. Hanehett, Isaac C. Stoneman. * Appointed April 1,1854, in place of William W. Smith, resigned, f Appointed July 14, 1854, in place of Peter B. Foster, resigned. X Appointed September 9, 1854, in place of Frederick Baker, resigned. Upon the resignation of Peter B. Foster, Frederick Baker was appointed Presi¬ dent, and upon the resignation of Frederick Baker, Henry Smith was appointed President - CATALOGUE OF CITY OFFICERS, From its Incorporation, 1855 to 1867, t MAYOE,. Thomas J. Turner, A. Cameron Hunt, .... A. Cameron Hunt, John W. D. Heald, .... Denard Shockley, Hiram Bright, .... Francis W. Hance, Urban D. Meacham, Charles Butler, John F. Smith, .... John F. Smith, .... David H. Sunderland, Elected. 1855 1856 1857 1858 1859 1800 1861 1862 1863 1864 1865 1867 A-LIDEIE^IIVEIEnsr. FIRST Elected. Wm. G. Waddell, 1855 John A. Clark, 1855 John H. Schlott, 1856 Holden Putnam,* * * § 1856 John A. Clark, 1857 John C. Kean, 1858 Warren C. Clark 1859 Thomas Colt man,t 1860 SECOND Elected. Joseph B. Smith, 1855 John Barfoot, 1855 Asahel W. Rice, 1856 Samuel B. Harris, 1857 Irvin H. Sunderland, 1858 Thomas Robinson, 1859 Chancellor Mart] n. 1860 James H. Bartlett,:{: 1860 THIRD Elected. A. Cameron Hunt, 1855 John P. B> erly, 1855 John W. D. Heald, 1856 JohnHoebel, 1857 Warren C. Clark, 1858 James M. Smith ,g 1858 John Hoebel, 1859 Moses R. Thompson, 1860 , r ARD. Elected. Elias C. DePu 5 >-, i860 Isaac H. Miller, 1861 Jacob B. Kenegy, 1862 Isaac H Miller. 1863 Wm. G. Waddell, 1864 Edward L. Cronkrlte, 1865 Wm. G. Waddell, 1866 August Bergman, 1867 WARD. Elected. Nathan F. Prentice, 1861 John H. Beaumont, 1862 E. M. McLaughlin, 1863 Jaoob Rodearmel, 1864 Charles L. Currier, 1865 J. H. Snyder, 1866 Charles L. Currier, > 1867 Elected. Jacob Hlme, 1861 John O’Connell, 1862 John Hoebel,|| * 1862 P. Enos Fowler, . 1863 Jacob Krohn, 1864 Jackson S. Rogers, 1865 Jacob Krohn, 1866 Frederick Bartlett, 1867 * Holden Patnam was elected Sept. 6, 1856, in place of J. H. Schlott, resigned, t Thomas Coltman was elected April 16, 1860, in place of W. 0. Clark, removed from the ward. t James H. Bartlett elected April 28, 1860, in place of Thos. Robinson, removed from the ward. § James M. Smith elected June 21, 1858, in place of Warren C. Clark, resigned. ! John Hoebel elected July 6,1862, in place of John O’Connell, resigned. CATALOGUE OF CITY OFFICERS. • • Vll POLICE MAGISTRATES. Elected. Elected. Luther W. Guiteau, 1855 Abraham T. Green, 1863 Horatio C.Burchara * 1857 Abram Braisted, 1866 David Seem, 1859 George Wolf, 1867 CITY MARSHALS. Elected. Elected. Wm. W. Smith, 1855 Isaiah G. Beede, 1862 Wm. W. Smith, 1856 Jacob C. Gilbert, 1863 Wm. W. Smith, 1857 Jacob C. Gilbert, 1864 John R. Edick, 1858 Charles Baumgarten, 1865 Henry Settley, 1859 Frederick R. McLaughlin, 1866 David C. Laird, I860 Frederick R. McLaughlin, 1867 John H. Mease, 1861 CITY CLERKS. • Elected. Elected. Homer N. Hibbard, 1855 Louis F. Burrell, 1862 HomerN. Hibbard, 1856 Frank Corbin, 1863 Homer N. Hibbard, 1857 Jonathan E. Brown, 1864 J. Bright Smith, 1858 Joseph B. Smith, 1865 J, Bright Smith, 1859 Joseph B. Smith, 1866 Louis F. Burrell, 1860 Urias M. Mayer, 1867 Louis F. Burrell, 1861 CITY ATTORNEYS. Elected. Elected. John A. Jameson. 1855 John C. Kean, 1862 Homer N. Hibbard, 1856 JohnC. Kean, 1863 Homer N. Hibbard, 1857 John C. Kean. 1864 J. Bright Smith, 1858 F. W. S. Brawley, 1865 J. Bright Smith, 1859 John Coates, 1866 Henry C. Hyde, 1860 Henry M. Barnum, 1867 James S. Cochran, 1861 Lodowick Stanton, Marcus Carter, Marcus Carter, Wm. O, Saxton, Wm. O. Saxton, Marcus Carter, CITY SURVEYORS. Elected. 1857 1858 1859 1800 18G1 1802 Charles Baumgarten, Charles Baumgarten, Marcus Carter, Marcus Carter, Lodowick Stanton. Elected. 1863 1864 1865 1863 1867 STREET COMMISSIONERS. Wm. W. Smith, Wm. W. Smith,t Robert McMasters,^ Edwin R. Ross,§ John P. Byerly, Henry settley, Henry Settley, B. Wasserzieher, Elected. 1855 1856 1856 1856 1857 1858 1859 1860 B. Wasserzieher, B. Hunkemeier, B. Wasserzieher, August Bergman, P. Enos Fowler, Henry D. Rodearmel.|| Henry D. Rodearmel, Henry D. Rodearmel, Elected. 1861 1862 1863 1861 1865 1865 1866 1867 E. W. Salisbury, Oscar Taylor, Oscar Taylor, George J. Brewer, Silas D. Clark, Frederick Bartlett, Benj. F. Black, CITY TREASURERS. Elected. 1855 1856 1857 1858 1858 1859 1860 Wm. W. Smith. M. D. Ch amber lain, Charles L. Currier, Thomas Webster, John Hoebel, George Lichtenberger, Charles W. Rosebrugh, Elected. 1861 1862 1863 1864 1865 1866 1867 * H. C Burchard elected January 5, 1857. in place of L. W. Guiteau, resigned. + First Ward % Second Ward. § Third Ward. II Henry D. Rodearmel appointed Oct. 14, 1865, in place of P. E. Fowler, removed. ^ Geo. J. Brewer appointed Jan. 16,1858, in place of Oscar Taylor, resigned. PART FIRST. CITY CHARTER, AMENDMENTS, AND OTHER ACTS OF THE GENERAL ASSEMBLY OF THE STATE OE ILLINOIS, RELATING TO CITIES. CHARTER OF THE CITY OF FREEPORT. ARTICLE I. “ II. “ III. “ IV. “ V. “ VI. “ VII. “ VIII. AN ACT to incorporate the City of Freeport. Of Boundaries. Of the City Council. Of tiie Chief Executive Officer. Of Election. Of Legislative Poavers of the City Council. Of the Mayor. Of Proceedings in Special Cases. Miscellaneous Proa t isions. » ARTICLE I. OF boundaries. Section Section 1. Inhabitants incorporated; name and 3. Boundaries extended in certain cases; powers of the corporation. land exempt from taxes in certain cast s. 2. City Boundaries Established. 4. General corporate powers. Section 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the inhabitants of the town of Freeport, in Stephenson County, and State of Illinois, be and they are hereby constituted a body politic and corporate, by the name and style of “ The City of Freeport,” and by that name shall have perpetual succession, may sue and be sued, plead and be im¬ pleaded in all courts of laAV and equity ; and may have and use a common seal and alter the same at pleasure. Sec. 2. All that territory embraced within the folloAving limits, to wit: Beginning at the north-west corner of the south half of the north-Avest quarter of section six, in township twenty-six north, of 2 10 CITY CHARTER. range eight east of the fourth principal meridian, in the County of Stephenson, and State of Illinois ; running thence eastwardly along the south line of the north half of the north-west quarter, and the north half of the i\orth-east quarter of said section six, and along the south line of the north half of the north-west quarter of section five, in the township and range aforesaid, to the south-east corner of said last described tract; thence north to tlie quarter section corner, on the township line; thence east, to quarter section corner, on the south side of section thirty-two, in township twenty-seven north, of range eight east of the fourth principal meridian ; thence north along the quarter section line to the north bank of the Peca- tonica river ; thence up stream along the left or northerly bank of said river, to the line dividing the east half from the west half of the north-west quarter of said section thirty-two; thence north to the north-east corner of the south-west quarter of the south-west quarter of section twenty-nine; thence west along the north bound¬ ary of said quarter of quarter section, to the section line; thence west to the northerly bank of the Pecatonicariver; thence up stream along the left or northerly bank of said river, to the range line west boundary of said section thirty ; thence south along said line to the north-east corner of section thirty-six, in township twenty-seven north, of range seven east; thence west along the section line to the line dividing the east half ffoni the west half of the east ha IT of said section thirty-six ; thence south along said line to the township line; thence south to the south-west corner of the north-east quarter of the north-east quarter of section one, in township twenty-six north, of range seven east; thence east along the south boundary of said quarter of quarter section tq the range line; thence on said line to tlie place of beginning, shall be and the.same is hereby declared to be within the limits of the City of Freeport. Sec. 8 . Whenever any tract of land adjoining the City of Free¬ port, shall be laid off into town lots, and duly recorded as required by law, the same shall be annexed to and form a part of the City of Freeport, and all parcels of land within the aforesaid boundaries and beyond the boundaries of the present corporation that exceed in extent ten acres shall be exempt from taxation for city revenue, until the same shall be subdivided into lots of ten acres or less, and each lot, when so divided, shall be taxed as other city lots. Sec. 4. The inhabitants of said city, by the name and style aforesaid, shall have power to sue and be sued, to plead and be impleaded, defend and be defended in all courts of law and equity and in all actions whatever; to purchase, receive, and hold property, both real and personal, beyond the city, for burial grounds and for other purposes, for the use of said inhabitants of said city; to sell, lease and convey or dispose of property, real and personal, and do all other things in relation thereto as natural persons. OF THE CITY COUNCIL 11 ARTICLE II. OF TIIE CITY COUNCIL. Section Section 1. Mayor and board of Aldermen to 8. Power to determine rules of proceed- constitute tlie City Council. ings; punish for disorderly conduct. 2. Board of Aldermen to consist of how 9. Shallkeep a journal and publish same; many members, and how chosen. yeas and nays to be entered on journal 3. Qualifications of Aldermen. in certain cases. 4. Kemoval from the ward to create 10. Aldermen ineligible to certain offices, vacancy; compensation of Mayor 11. Vacancies; how fillod. and Aldermen. 12. Mayor and Aldermen to take an oath 5. Aldermen divided into classes. of office. 6. City Council to judge of the qualifi- 13. In case of a tie in the election of Aid- cations and election of its members. ermen, election how determined. 7. What constitutes a quorum; compel ll. Stated meetings; City Council to the attendance ot members. determine time and place. Section 1. There shall be a City Council, to consist of a Mayor and board of Aldermen. Sec. 2. ' The board of Aldermen shall consist of two members from each ward, to be chosen by the qualified voters for two years, and until others shall be legally qualified. Sec. 3. No person shall be an Alderman, unless at the time of his election he shall have resided within the limits of the city one year immediately preceding his election, and shall have the requisite qualifications to vote for State officers, be a resident of the ward for which he is elected, and a citizen of the United States. Sec. 4. If any Alderman shall, after his election, remove from the ward for which he is elected, his office shall be declared vacated. The Mayor and Aldermen shall serve without compensation from the City funds, until there shall be five thousand inhabitants in said City, and when the population shall exceed five thousand, the Mayor shall receive such compensation as the City Council shall determine. Sec. 5. At the first meeting of the City Council the Aldermen shall be divided by lots into two classes ; the seats of those of the first class shall be vacated at the expiration of the first year, and of the second class at the expiration of the second year, so that one-half of the board shall be elected annually. Sec. 6. The City Council shall judge of the qualifications, elec¬ tions and returns of their own members, and shall determine all contested elections under this act. Sec. 7. A majority of the City Conned shall constitute a quorum to do business, but a smaller number may adjourn, from day to day, and compel the attendance of absent members, under such penalties as may be prescribed by ordinance. 12 CITY CHARTER. Sec. 8. The City Council shall have power to determine the rules of its proceedings; punish its members for disorderly conduct, and, with the concurrence of two-thirds of the members elected, expel a member. Sec. 9. The City Council shall keep a journal of its proceedings, and from time to time publish the same; and the yeas and nays, when demanded by any member present, shall be entered upon the journal. Sec. 10. No Alderman shall be appointed to any office under the authority of the city which shall have been created or the emolu¬ ments of which shall have been increased during the time for which he shall have been elected. Sec. 11. All vacancies that shall occur in the board of Aldermen shall be filled by election. Sec 12. The Mayor and each Alderman, before entering upon the duties of their office, shall take and subscribe an oath, or make affirmation that they will support the constitution of the United States and of this State, and that they will well and truly perform the duties of their office to the best of their skill and ability. Sec. 13. Whenever there shall be a tie in the election of Alder- men the judges of election shall certify the fact to the Mayor, who shall determine the same, by lot, in such manner as shall be provided by ordinance. Sec. 14. There shall be twelve stated meetings of the City Council in each year, at such times and places as may be prescribed by the City Council. ARTICLE III. OF THE CHIEF EXECUTIVE OFFICER. Section Section 1. Mayor: how elected; term of office. 4. In case of a tie in the election of, how 2. Qualifications. determined. 3. Office vacated by removal or absence. 5. Election of; how contested. G. Vacancy in the office of; how filled. Section 1. The Chief Executive Officer of the city shall be a Mayor, who shail be elected by the qualified voters of the city, and hold his office for one year and until his successor shall be elected and qualified. Sec. 2. No person shall be eligible to the office of Mayor who shall not have been a resident of the city for one year next preced- OF THE CHIEF EXECUTIVE OFFICER. 13 in" his election, or who shall be under twenty-one years of age, or who shall not, at the time of his election, be a citizen of the United States. Sec. 3. If any Mayor, during the time for which he shall have been elected, remove from the citv, or shall be absent from the city for the space of six months, his office shall be vacated. Sec. 4. When two or more persons shall have an equal number of votes for Mayor, the judges of election shall certify the same to the City Council, who shall proceed to determine the same, by lot, in such manner as may be provided by ordinance. Sec. 5. Whenever.an election of Mayor shall be contested, the City Council shall determine the same, as may be prescribed by ordinance Sec. G. Whenever any vacancy shall happen in the office of Mayor, it shall be filled by election. ARTICLE IV. OF ELECTION. Section Section 1. Time of election; officers to be elec- 2. Qualifications of voters; to vote in ted; provisions for the (irst election the wards in which they reside. Section 1. On the first Monday of April next an election shall be held in each ward of said city for one Mayor, one Police Magis¬ trate for the City of Freeport, one Marshal for the city, two Aider- men for each ward ; and forever thereafter, on the first Monday of April of each year, there shall be an election for one Mayor and one Marshal for the city, and one Alderman for each ward ; and on the first Monday of April in every fourth year, there shall be an election for one Police Magistrate for said city. The President and Trustees of the Town of Freeport shall, on or before the first Monday in March next, proceed to lay out the territory embraced within the limits of said City of Freeport into three w'ards, and fix the bound¬ aries of the same, and shall-also provide, by ordinance, for holding the first election herein appointed in the several wards of said city ; shal fix the place for holding, said election in each of said wards; shall appoint three persons to act as judges of election in each of said wards, who shall be sworn, and whose places may be filled, in 14 . CITY CHARTER. case they do not serve, as now provided by law in other elections. Said election shall be held and returns thereof made and certified, in all respects, as is now provided by law in elections for members of the State Legislature; and the County Clerk of Stephenson County shall receive said returns, open and canvass the same, and transmit an abstract of the same to the Secretary of State, as is now provided by law. A copy of said returns of said election shall also be delivered to the President and Trustees of the Town of Freeport, who shall canvass the same within three days from the time they shall be received; and the persons receiving the highest number of votes for the several offices of Mayor, Marshal and two Aldermen lor each of said wards shall be declared, by said President and Trustees of the Town of Freeport, duly elected to said several offices. If two or more persons shall, at said election, receive the same number of votes for either of said offices of Mayor, Aldermen or City Marshal, the President and Trustees of the Town of Freeport shall determine the same between them, by lot. Sec. 2. All male inhabitants over the age of twenty-one years, who are entitled to vote for State officers, and who shall have been actual residents of said city ninety days next preceding said election, shall be entitled to vote for city officers, provided that said voters shall give their votes in the wards in which they shall respectively reside. A R T 1 C L E V . OF THE LEGISLATIVE POWERS OF THE CITY COUNCIL. Section Section. 1. Power to levy and collect taxes. 4—39. Enumeration of general powers 2. To appoint necessary officers. 40. Style of ordinances. 3. To require officers to give bonds and 41. Ordinances to be published or posted to take oaths; to establish and sup- up before being in force. port schools; to borrow money. 42. Ordinances ; how proven. Section 1 . The City Council shall have power and authority to levy and collect taxes for city purposes, upon all property, real and personal, (except as hereinbefore excepted,) within the limits of the city, not exceeding one-half of one per cent, per annum upon the assessed value thereof, and may enforce the payment of the same in any manner to be prescribed by ordinance, not repugnant to the constitution of the United States and this State. LEGISLATIVE POWERS OF THE CITY COUNCIL. 51 Sec. 2. The City Council shall have power to appoint a Clerk, Treasurer, Assessor, Street Commissioner or Commissioners, and all such officers as may be necessary. Sec. 3. The City Council shall have power to require of all officers, appointed in pursuance of this Charter, bonds with penalty and security, for the faithful performance of their respective duties, as may be deemed expedient, and also to require all officers appointed as aforesaid, to take such oaths or make such affirmation as the Common Council may prescribe, for the faithful performance of the duties of their respective offices, before entering upon the discharge of the same; to establish, support and regulate common schools; to borrow money on the credit of the city: Provided , that no sum or sums of money shall be borrowed at a greater interest than ten per cent, per annum, nor shall any sum or sums be borrowed as aforesaid until after the subject shall have been submitted to the legal voters of said city, for which purpose a special election shall be called by the Mayor, after giving ten days’ notice thereof; and if a majority of the legal voters of said city shall vote in favor of any such loan, the same may be negotiated, and not otherwise: And provided , further, that the annual interest on the loan so negotiated, shall never exceed one-half of the revenue annually derived from the tax levied by said city, upon the real estate within the limits of said city. Sec, 4. To appropriate money, and provide for the payment of the debts and expenses of the city. Sec. 5. To make regulations to prevent the introduction of contagious diseases into the city ; to make quarantine laws for that purpose, and to enforce the same within five miles of the city. Sec. 6. To establish hospitals, and make regulations for the government of the same. Sec. 7. To make regulations to secure the general health of the inhabitants; to declare what shall be a nuisance, and to prevent and remove the same. Sec. 8. To provide the city with water; to erect hydrants and pumps; build cisterns and dig wells in the streets for the supply of engines and buckets. Sec. 9. To open, alter, abolish, widen, extend, establish, grade, pave, or otherwise improve and keep in repair streets, avenues, lanes and alleys, side-walks, drains and sewers. Sec. 10. To establish, erect, and keep in repair bridges. Sec. 11. To divide the city into wards, alter the boundaries thereof, and erect additional wards, as the occasion may require. Sec. 12. To establish, support and regulate night watches. Sec. 13. To provide for lighting the streets and erecting lamp- posts. Sec. 14. To erect market houses; to establish markets and market places, and to provide for the government and regulation thereof. 16 CITY CHARTER. Sec. 15. To provide all needful buildings for the use of the city. Sec. 1G. To provide for enclosing, improving and regulating all public grounds belonging to the city. Sec. 17. To erect, repair and regulate public wharves, piers and docks; to regulate the erection and repair of private wharves, piers and docks, and the rates of wharfage thereat. Sec. 18. To license, tax and regulate auctioneers, merchants, pedlers, retailers, grocers; taverns, ordinaries, hawkers, brokers, pawn-brokers and money changers. Sec. 19. To license, tax and regulate hackney, carriages, wagons, carts and drays, and fix the rates to be charged for the carriage of persons and for wagonage, cartage and drayage of property. Sec. 20. To license and regulate porters and the rates of porterage. Sec. 21. To license, tax and regulate theatrical and other exhibitions, shows and amusements. Sec. 22. To restrain, regulate, prohibit and suppress tippling houses, dram shops, gambling houses, bawdy houses, and other dis¬ orderly houses, and the selling or giving away of any intoxicating or malt liquors, by any person within the city, except by persons duly licensed. Sec. 23. To provide for the prevention and extinguishment of fires; to organize and establish tire companies, and to regulate of prohibit the erection of wooden buildings in any part of the city. Sec. 24. To regulate the fixing of the chimneys, and to fix the flues thereof. • Sec. 25. To regulate the storage of gunpowder, tar, pitch, rosin and other combustible materials. Sec. 26. To regulate and order parapet walls and partition fences, and restrain cattle, hogs, sheep and dogs from running at large. Sec. 27. To establish standard weights and measures, and regu¬ late the weights and measures to be used in the city in all cases, not otherwise provided for by law, and to order all laws on the subject to be enforced, and to fix and enforce payment of fines for non- compliance with any such order. Sec. 28. To provide for the inspection and measuring of lumber, and other building materials, and for the measuring of all kinds of mechanical work. Sec. 29. To provide for the inspection and weighing of hay and stone coal, the measurement of charcoal, fire wood and other fuel, to be sold and used within the city. Sec. 30. To provide for and regulate tfie inspection of tobacco, and of beef, pork, flour, meal and whiskey in barrels. Sec. 31. To regulate the inspection of butter, lard, and other provisions. 17 LEGISLATIVE POWERS OF THE CITY COUNCIL. Sec. 32. To regulate the weight and quality of bread to be used in the city. Sec. 33. To regulate the size of bricks to be sold and used in the city. Sec. 34. To provide for taking enumerations of the inhabitants of the city. Sec. 35. To regulate the election of city officers, and to provide for removing from office any person holding an office created by ordinance. Sec. 36. To fix the compensation of all city officers, and regu¬ late the fees of jurors, witnesses and others, for services rendered under this act or any ordinance made in pursuance thereof. Sec. 37. To regulate the police of the city, to impose fines and forfeitures and penalties for the breach of any ordinance, and to pro¬ vide for the recovery and appropriation of such fines and forfeitures, and the enforcement of such penalties; and all moneys collected under and by authority of any city ordinance shall be deemed and taken to belong to said city, and disposed of by the City Council, under the ordinances of said city, for the general use and benefit of the inhabitants thereof. Sec. 38. The City Council shall have exclusive power within the city, by ordinance, to suppress and restrain billiard tables and bowling alleys. Sec. 39. The City Council shall have power to make all ordi¬ nances which shall be necessary and proper for carrying into execu¬ tion the powers specified in this act, so that such ordinance be not repugnant to or inconsistent with the constitution of the United States or of this State. Sec. 40. The style of the ordinances shall be “ Be it ordained by the City Council of the City of FreepOrt.” Sec. 41. All ordinances passed by the City Council shall, within one month after they shall have been passed, be published in some newspaper in the city, or posted up in three of the most public places in said City of Freeport, and shall not be in force till they shall have been published as aforesaid. Sec. 42. All ordinances of the city may be proven by the seal of the corporation, and when printed in book or pamphlet form, and purporting to be printed and published by authority of the corpora¬ tion, the same shall be received in evidence in all courts and places without further proof. 3 18 OF THE MAYOR ARTICLE VI. OF THE MAYOR. Section Section 1. Mayor shall preside at meetings of 5. May require officers to exhibit books City Council; vote in case of a tie; in and papers. absence of Mayor who shall preside. 6. May execute all acts required by ordi- 2. Mayor or two Aldermen may call nance. special meetings of City Council 7. Mayor’s power in quarantine and 3. Mayor’s duty to enforce ordinances, health affairs. inspect conduct of officers, cominuni- S. Compensation in certain cases, cate information and recommend y. May be indicted for violation of duty measures to City Council. and on conviction, lined and removed 4. Mayor may call on inhabitants to aid from office, in enforcing ordinances; in cases of riots may cali out militia. Section 1 . The Mayor shall preside at all meetings of the City Council, and in case of a tie shall have a casting vote, and in no other; in case of non-attendance of the Mayor at any meeting, the board of Aldermen shall appoint one of their own number chair¬ man, who shall preside at the meeting, but shall not thereby lose his right to vote on any question before the board. Sec. 2. The Mayor or any two Aldermen may call special meetings of the City Council. Sec. 3. The Mayor shall at all times be vigilant and active in enforcing the laws and ordinances for the government of the city ; he shall inspect the conduct of all subordinate officers of said city, and cause negligence and positive violation of duty to be prosecuted and punished; he shall, from time to time, communicate fco the Aldermen such information and recommend all such measures as in his opinion may tend to the improvement of the finances, the police, the health, security, comfort and ornament of the city. Sec. 4. He is hereby authorized to call on every male inhabi¬ tant of said city, over the age of eighteen years, to aid in enforcing the laws and ordinances, and in cases of riots, to call out the militia, to aid him in suppressing the same or other disorderly conduct, pre¬ venting and extinguishing fires, for securing the peace and safety of the city, or in carrying into effect any law or ordinance; and any person who shall not obey such cali shall forfeit to said city a fine not exceeding five dollars. Sec. 5. He shall have power, whenever he shall deem it neces¬ sary, to require of any of the officers of said city an exhibit of his books and papers. Sec. 6 . He shall have power to execute all acts that may be required of him by any ordinance made in pursuance of this act. CITY CHAETER. 19 Sec. 7. He shall also have such power as may be vested in him by ordinance of the city in and over all places within five miles of the boundaries of the city, for the purpose of enforcing the health and quarantine ordinances and regulations thereof. Sec. 8. He shall receive for his services, outside of the city, such compensation as shall be fixed by ordinance of the city. Sec. 9. In case the Mayor shall at any time be guilty of a palpa¬ ble omission of duty, or shall willfully and corruptly be guilty of oppression, malconduct or partiality in the discharge of the duties of his office, he shall be liable to be indicted in the Circuit Court of the County of Stephenson, and on conviction, he shall be fined not more than two hundred dollars; and the Court shall have power, on recommendation of the jury, to add to the judgment of the Court that he be removed from office. ARTICLE VII. OF PROCEEDINGS IN SPECIAL CASES. Section Section 1. Owners of private property taken for 4. Rule for assessing damages, streets, to be compensated; mode of 5. Mayor may set aside the decision for estimating the same. cause. 2. Streets opened, etc., by petition of all 6. City Council may levy special tax for interested, no compensation allowed. paving sidewalks, etc. 3. Jurors assessing damages to be sworn and make report in writing to the Mayor. Section 1. When it shall be necessary to take private property for opening, widening or altering any public street, lane, avenue, or alley, the corporation shall make a just compensation to the person whose property is so taken; and when the amount of such compen¬ sation cannot be agreed on, the Mayor shall cause the same to be ascertained by a jury of six disinterested persons, freeholders of the city. Sec. 2. When the owners of all the property on a street, lane, avenue or alley proposed to be opened, widened or altered shall petition therefor, the City Council may open, widen or alter such street, lane, avenue or alley, upon condition, to be prescribed by ordinance; but no compensation shall, in such case, be made to those whose property shall be taken, their tenants or others, for the opening, widening or altering such street, lane, avenue or alley, nor shall there be any assessment of benefits or damages that may accrue thereby to any of the petitioners. 20 OF PROCEEDINGS IN SPECIAL CASES. Sec. 3. All jurors empanneled to inquire into the amount of benefits or damages which shall happen to the owners of property proposed to be taken for opening, widening or altering any street, avenue, lane or alley, shall first be sworn to that effect, and shall • return to the Mayor their inquest, in writing, and signed by each juror. Sec. 4. In ascertaining the amount of compensation for prop¬ erty taken for opening or widening or altering any street, avenue, lane or alley, the jury shall take into consideration the benefit as well as the injury happening by such opening, widening or altering such street, lane, avenue or alley. Sec. 5. The Mayor shall have power, for good cause shown within ten days after inquest shall have been returned to him as aforesaid, to set the same aside and cause a new r inquest to be made. Sec. 6 The City Council shall have powder, by ordinance, to levy and collect a special tax on the holders of lots in any street, iane, avenue or alley, according to their respective fronts, for the purpose of paving, grading or planking side-walks and lighting such street, lane, avenue or alley: Provided , said tax shall not exceed the actual cost of said side-walks and lighting respectively, which tax shall be collected in the same manner as other city taxes. CITY CHARTER. 21 ARTICLE VIII. MISCELLANEOUS PROVISIONS. Section Section 1. City Council may require certain per- 13. Charter declared a public act. sons to labor on streets in the city. 14. Certain acts repealed. 2. Inhabitants of the city exemut from 15. City Marshal and Constables author- labor on streets beyond city limits. 3. Offenders may be punished by im¬ prisonment in certain cases. 4. Annual statement of receipts and ex¬ penditures to be published. 5. Ordinances of the Town of Freeport to remain in force until repealed. ized to execute process issued by Po¬ lice Magistrate; City Marshal au¬ thorized to do ail acts that a Constable may do. 16. Election for the adoption of this Charter. 17. City Council may control construe - 6. Suits to be prosecuted in the name of tion of railroad tracks, etc ,and regu- the City of Freeport. late speed of locomotives. 7. Fines, etc., accruing to Town of Free- 18. Actions under ordinances, how port to be invested in the city. brought. 8 Property of the Town of Freeport to 19. The first process shall be a summons; be vested in the city. when warrant may issue 9. This act not to invalidate any act of 20. Execution to issue on rendition of the Town of Freeport. judgment; when body of defendant 19. Trustees of the Town of Freeport to may be taken and imprisoned. promulgate this act and call an elec- 21. Affidavit of printer or publisher of tion of officers. newsnaper as to publication of ordi- 11. Appeals allowed in cases arising un- nances conclusive proof. der ordinacces. 22. City Marshal and other officers au- 12. In case of absence or death of Mayor, thorized to arrest persons violating City Council to elect Mayor pro tern,. ordinances. Section 1. The City Council shall have power, for the purpose of keeping the streets, lanes, avenues and alleys in repair, to require every able bodied male inhabitant in said city over the age of twenty-one years, to labor on said streets, lanes, avenues and alleys, not exceeding three days in each and every year; and every person failing to perform such labor, when duly notified by the Street Com¬ missioner, shall forfeit and pay one dollar for each day so neglected or refused. Sec. 2. The inhabitants of the City of Freeport are hereby exempted from working on any road beyond the limits of the city, and from paying any tax to procure laborers to work upon the same. Sec. 3. The City Council shall have power to provide for the punishment of offenders by imprisonment in the county jail, in all cases when such offenders shall fail or refuse to pay the fines and forfeitures which may be recovered against them. Sec. 4. The City Council shall cause to be published, annually, a full and complete statement of all moneys received and expended by the corporation during the preceding year, and on what account received and expended. 99 M — MISCELLANEOUS PROVISIONS. Sec. 5. All ordinances and resolutions passed by the President and Trustees of the Town of Freeport shall remain in full force until the same shall have been repealed by the City Council hereby created. Sec. 6 . All suits, actions and prosecutions instituted, com¬ menced or brought by the corporation hereby created, shall be prosecuted in the name of the City of Freeport. Sec. 7. All actions, tines, penalties and forfeitures which have accrued to the President and Trustees of the Town of Freeport shall be vested in and prosecuted by the corporation hereby created. Sec. 8. All property, real and personal, heretofore belonging to the President and Trustees of the Town of Freeport, for the use of the inhabitants of said town, shall be and the same is hereby declared to be vested in the corporation hereby created. Sec. 9. This Charter shall not invalidate any act done by the President and Trustees of the Town of Freeport, nor divest them of any rights which may have accrued to them prior to the passage of this act. Sec. 10. The President and Trustees of the Town of Freeport, shall immediately after the passage of this act, take measures to promulgate this law within the limits of the City of Freeport and issue their proclamation for the election of officers, and cause the same to be published in all the city newspapers prior to the day of the election of said officers. Sec. 11. Appeals shall be allowed from decisions in all cases arising under the provisions of this act or any ordinance passed in pursuance thereof to the Circuit Court of said Stephenson County, and every such appeal shall be granted in the same manner and with like effect as appeals are taken from and granted by Justices of the Peace to the Circuit Court under the laws of this State. Sec. 12. Whenever the Mayor shall absent himself from the city, or resign, or die, or his office shall otherwise be vacated, the board of Aldermen shall immediately proceed to elect one of their number President, who shall be Mayor pro tern , until the office shall be tilled by election, as herein provided. Sec. 13. This act is hereby declared to be a public act, and may be read in evidence in all the courts of law and equity within this State without proof. Sec. 14. All acts or parts of acts coming within the provisions of this Charter or contrary to or inconsistent with its provisions are hereby repealed. Sec. 15. The City Marshal and the Constables within said City of Freeport shall be authorized and have power to execute anywhere within the limits of the County of Stephenson all process issued by the Police Magistrates of said city or other Magistrates within said city; and the said Marshal shall have power to do all acts that a CITY CHARTER 23 Constable mav lawfully do, and shall receive the same fees as are allowed to Constables in similar cases, and shall give bond as Con¬ stables are required by law to give, which bond shall be filed in the office of the County Clerk. Sec. 16. The President and Trustees of the Town of Freeport shall cause an election to be held in said town on the second Monday of March next, at which the inhabitants residing within the terri¬ tory described within the second section of the first article of this act, who are authorized to vote for State officers, shall vote “ for the Charter” or “against the Charter,” and if a majority of votes given at such election be for the Charter, then this act shall immediately take effect as a law; but if a majority of the votes shall be against the Charter, then this is to be of no effect: Provided, that if a majority of the votes given at such election shall be against the Charter, an election shall be holden in the same manner as herein provided for the first election, on the first Monday of October next, at which election the electors, as aforesaid, shall vote “ for the Charter” or “against the Charter;” and if at said election a majority of the votes shall be for the Charter, then this act shall immediately take effect; and the first election under the Charter shall be holden on the first Monday in the month of November next, in the same man¬ ner, in all respects, as is provided in article four, in section one of this Charter, for the first election of city officers ; but if a majority of the votes given at said election shall be against the Charter, the same shall not take effect. Sec. 17. The City Council shall have power to direct and con¬ trol the laying and construction of railroad tracks, bridges, turnouts and switches in the streets and alleys; and the location of depot grounds within the city ; to require that railroad tracks, bridges, turnouts and switches shall be so constructed and laid as to interfere as little as possible with ordinary travel and the use of the streets and alleys, and that sufficient space should be left on either side of said tracks for the safe and convenient passage of trains and persons; to require railroad companies to keep in repair the streets through which their track may run, and to construct and keep in repair suit¬ able crossings at the intersection of streets and alleys and ditches, sewers and culverts, when the City Council shall deem necessary ; to direct and prohibit the use and regulate the speed of locomotive engines within the inhabited portions of the city. Sec. 18. All actions brought to recover any penalty or forfeiture under this act or any ordinance, by-law or police regulation made in pursuance thereof, shall be brought in the corporate name, and it shall be lawful to declare generally in debt for such penalty, fine or forfeiture, stating the clause of this act or the by-law or ordinance under which the penalty or forfeiture is claimed, and to give the special matter in evidence under it. 24 MISCELLANEOUS PROVISIONS. Sec. 19. In all prosecutions for any violation of any ordinance, by-law or other regulation, the first process shall be by summons, unless oath or affirmation be made for a warrant, as in other cases. Sec. 20. Execution may be issued immediately on rendition of judgment; and if the defendant has no goods, or chattels, or real estate within the County of Stephenson whereof the judgment can be collected, the officer rendering such judgment may require the defendant to be confined in the county jail for a term not exceeding six months, and all persons who may be committed under this sec¬ tion shall be confined one day for each one dollar of such judgment and costs. Sec. 21. The affidavit of the printer or publisher of any news¬ paper in which any ordinance may be published, as required in article five, section forty-one, of this act, taken before any officer authorized to administer oaths, and filed with the City Clerk, shall be conclu¬ sive evidence of the legal publication of such ordinance in all courts and places. Sec. 22. The City Marshal and such other officers of said city as may be authorized by any ordinance, shall have power to arrest or cause to be arrested, with or without process, all persons who shall break the peace or threaten to break the peace, or be found violating any ordinance of this city, commit for examination, and if necessary detain such person in custody over night or the Sabbath, or until he can be brought before a Magistrate, and shall have and exercise such other powers as conservators of the peace as the City Council may prescribe. Sec. 23. This act to take effect and be in force from and after its passage. Approved February 14, 1855. AMENDMENTS TO CITY CHARTER. - + AN ACT to amend an Act entitled “ An Act .to incorporate the City of Freeport.’' approved February 11,1855. ASSESSMENTS FOR PUBLIC IMPROVEMENTS. Sect con Section. 1. City empowered to improve streets 8. New assessment when first insuffi- by planning, etc , to construct side- cient; excess to be refunded, walks, sewers, etc., to improve pub- 0 Owner to construct sidewalks and lie grounds, etc. drains when ordered ; how assessed. 2. Expenses to be assessed upon real 10. Expense of removing nuisances may estate benefited. be assessed; collectible by suit. 3. Council to fix amount to be assessed; 11. Clerk may swear Commissioners, and appointment of Commissioners. may ad mister any oath requited by 4. Commissioners togive noticeof meet- City Charter; compensation ol Com¬ ing; to assess the amount on real missioners; City Attorney to pre¬ estate; their roll. pare papers. 5. Assessment to be signed and deliv- 12. Guardians when and by whom to be ered to Clerk within forty days; appointed. Clerk to give notice. 13. Members of City Council and firemen 6. Objections may be filed; heard by exempt from serving on juries and Council; proceedings therein. road labor. 7. Vac ancies in office of Commission- 14. Fines and penalties to be paid into ers, how filled. City Treasury in certain cases. 15. When this act in force. Section 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly , That the City Council of the City of Freeport shall have power from time to time. First . To cause any street, alley or highway to be paved Macad¬ amized or planked and keep the same in repair. Second. To cause cross-walks and side-walks, main drains and sewers, private drains and aqueducts, to.be constructed and laid, relaid, cleansed and repaired, and regulate the same. Third. To grade, improve, protect and ornament any public square, now or hereafter laid out. 20 AMENDMENTS TO CITY CHARTER. Sec. 2. The expenses of any improvement mentioned in the foregoing section, (except side-walks and private drains,) shall he ii'S issed upon the real estate in any natural division benefited thereby, * with the costs of the proceedings therein, in proportion as nearly as may be to the benefits resulting thereto. Sec. 3. The amount to be assessed for any such improvement, (except side-walks and private drains,) shall be determined by the City Council, and they shall by ballot appoint, by a majority of all the'Aldermen authorized by law to be elected, three reputable free¬ holders of the city, to make such assessment. The Commissioners shall be sworn faithfully and impartially to execute their duty to the best of their ability. Sec. 4. Before entering upon their duties, the Commissioners shall give six days’ notice in the corporation newspaper, of the time and place of meeting, to all persons interested, and they may if neces¬ sary adjourn from day to day. The Commissioners shall assess the amount directed by the City Conned to be assessed upon the real estate by them deemed benefited by any such improvement, in pro¬ portion to the benefit resulting thereto, as nearly as may be, and briefly describe in the assessment roll to be made by them, the real estate in respect to which any assessment is made, and the value thereof. Sec. 5. When the Commissioners shall have completed their assessment, and made a corrected copy thereof, they shall deliver the same to the City Clerk, within forty days after their appointment, signed by all the Commissioners. The Clerk shall thereupon cause a notice to be published in the corporation newspaper for six days, to all persons interested, of the completion of the assessment, and the filing of the roll. Time and place shall be designated therein for hearing objections. Sec. (5. Any person interested may appeal to the City Council for the correction of the assessment. Appeals shall be in writing, and filed in the Clerk’s office within ten days after the first publica¬ tion of said notice. The Council may adjourn such hearing from day to day, and shall have power in case of appeal or otherwise, in their discretion to revise and correct the assessment, and confirm or amend the same and direct a new assessment to be made, in the manner hereinbefore directed, by the same Commissioners, or by three others, which shall be final and conclusive on all parties inter¬ ested, if confirmed. When confirmed the assessment shall bo collected as in other cases, and no appeal or writ of error shall lie in any case from such order and determination. If any assessment be set aside by order of any court, the City Council may cause a new one to be made in like manner for' the same purpose, for the collecting of the amount so assessed. ASSESSMENTS FOR PUBLIC IMPROVEMENTS. 27 Sec. 7. If any vacancy happen in the office of Commissioners, at any time, by reason of removal, failure or refusal, or inability, from sickness or other cause, to serve, the City Council may fill such vacancy. Sec. 8. If the first assessment prove insufficient, anothe r n ay be made in the same manner, or if too large a sum shall at any time be raised, the excess shall be refunded, rateably, to those by whom it was paid. Sec. 9. All owners or occupants, in front of or upon whose premises the City Council shall order and direct side-walks, or private drains, communicating with any main drain, to be constructed, repaired, relaid or cleansed, shall make, repair, relay or cleanse such side-walks or private drains at their own cost and charges, in the manner and within the time prescribed by ordinance or otherwise, and if not done in the manner and within the time prescribed, the Council may cause the same to be constructed, repaired, relaid, or cleansed, and assess the expenses thereof, by and order to be entered in their proceedings, upon such lots respectively, and collect the same, by warrant and sale of the premises, as in other cases. A suit may also be maintained against the owner or occupant of such premises, for recovery of such expenses as for money paid and laid out to his use at his request. Sec. 10. In all cases where expenses may be incurred in the removal of any nuisance, the City Council may cause the same to be assessed against the real estate chargeable therewith, in the manner prescribed in the foregoing section. Such expenses shall be likewise collectible of the owner or occupant of such premises, in a suit for money expended to his or their use. In case the same should not be chargeable to any real estate, suit may in like manner, be brought for such expenses, against the author of such nuisance, when known or any person whose duty it may be to remove or abate the same. Sec. 11 . Commissioners appointed under this act may be sworn into office by the City Clerk. The City Clerk shall also have power to administer any oath required to be taken by the act to which this is an amendment, or by the ordinances made in pursuance thereof. Commissioners appointed under this act shall be allowed two dollars per day, each, for actual services, which, together with all other expenses in relation to any assessment made in pursuance of this act, shall be deemed part of the expenses of the improvement, and included therein. The City Attorney shall prepare such papers and make such examination as they may request. Sec. 12. When any known owner residingnn said city or else¬ where shall be an infant, and any proceedings shall be had under this act, the Judge of the County Court of Stephenson County may upon the application of the City Council, or such infant, or his next friend, appoint a guardian for such infant, taking security from such 28 AMENDMENTS TO CITY CHARTER. guardian for the faithful execution of such trust, and all notices and summons required by this act, shall be served on such guardian. Sec. 13. The members of the City Council and firemen shall during their term of service as such, be exempt from serving on juries in all courts of this State and in the militia, and shall likewise be exempt from working out any road or street tax. The name of each fireman shall be registered with the City Clerk, and the evidence to entitle him to the exemption provided in this section shall be the certificate of the Clerk, made within the year in which the exemption is claimed. Sec. 14. Hereafter all fines and forfeitures, collected for penal¬ ties incurred within the incorporated limits of the City of Freeport, shall be paid into the Treasury of said city by the officers collecting the same. Sec. 15. This act shall be deemed a public act, and shall be in force from and after its passage. Approved February 11, 1857. AN ACT to amend an Act entitled “An. Act to incorporate the City of Freeport, approved February 14,1855. Section 1. Be it enacted by the people of the State of Illinois , represented in the General Assembly , That the City Council of the City of Freeport be and they are hereby authorized and empowered to issue bonds of said City of Freeport, drawing ten per cent, interest, per annum, to the amount of four thousand dollars, for the purpose of canceling the present floating indebtedness of said City of Freeport. Sec. 2. This act to be in force and take effect from and after its passage. Approved February 20, 1861. AMENDMENTS TO CITY CHARTER. 29 AN ACT to amonfl an Act entitled “An Act to incorporate the City of Freeport,” approved February 11, 1855. Section Section 1. Power to revise, correct and equalize 4. Power to license persons peddling by assessment roll. sample. 2. Power to restrain and punish malici- 5. Mayor to hold office two years. ous injury. G. Conflicting acts repealed, 3. Power to restrain vagrants, beggars, 7. This act a public act. &c. Section 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the City Council of the City of Freeport shall have power, upon the return of the assess¬ ment roll by the City Assessor, to add to the said roll, any property, real or personal, within said city (subject to taxation) which may be omitted by the Assessor at any time hereafter, and for the purpose of equalizing the same, they shall have power to alter, add to, take from and otherwise correct and revise the same, or to refer the said roll back to the Assessor, with instructions to revise, alter or otherwise correct the same. Sec. 2. The City Council shall have power to restrain and punish by fine, any person or persons who shall willfully and mali¬ ciously, in any way, cut, deface, damage, or mark, by writing or otherwise, any fence or wall, inclosing either public or private prop¬ erty, or shall willfully and maliciously cut, mark, deface, or in any way injure the out or inside wall of any building, either public or private, in said city, or shall willfully [and] maliciously cut, mark, damage, or mar in any way any pew, seat, desk, table, chair, or any of the furniture or fixtures in, or belonging to any building, house or place, either public or private, in said city : Provided , that such person or persons as aforesaid shall not have a legal right to do the same. Sec. 3. The City Council shall have power to restrain and punish by fine, vagrants, mendicants, and persons able to work and not having wherewith to maintain themselves, who shall be found loitering about public places where liquors are sold, leading an idle, immoral or profligate course of life, or any person who shall frequent gambling houses or rooms, or other disreputable or suspicious places in said city. Sec. 4. The City Council shall have power to license, tax and regulate, any [person or persons, who shall peddle, sell or offer, or contract to sell at retail, by sample, any book, goods, wares or merchandize of any kind in said city. 30 AMENDMENTS TO CITY CHARTER. Sec. 5. The Mayor of the City of Freeport shall hereafter when elected and qualified, hold his office for the term of two years, and until his successor shall be elected and qualified. Sec. 6. Anything in the act to which this is an amendment in conflict herewith, be, and the same is hereby repealed. Sec. 7. This act shall be deemed a public act, and shall be in force from and after its passage. Approved February 16, 1865. AN ACT to amend an Act. entitled “An Act to incorporate the City of Freeport,” in force February 14, 18.3% and the several acts amendatory thereto. Section Section 1. Power to levy tax to pay interest, etc. 16 . 2. Power to borrow money. 17. 3. Power to tax lands exceeding ten 18. acres. 19. 4. Power to lie mse and tax Insurance 20. Companies and Agents. 21. 5. Mayor and Aldermen not to be con- 22. tractors. 6 . Persons in custody; how released. 23. 7. City not liable for costs. 24. 8 . Power to open streets, etc. 9. Appointment of Commissioners. 2.3. 10. Commissioners to give notice. 20. 11. B.nildings upon land to be taken. 27. 12. Notice to owner to remove. 28. 13. Building to be sold if owner refuses 29. to remove. 14. Assessment; how made. 30. 15. Benefits and damages. 31. Commissioners to make return. Council to confirm or annul. Warrant and collection. Power to remove Commissioners. Payment of damages. As to tenant on land taken wholly. As to tenant on land part of which is taken. Right of appeal. Assessment to be paid by landlord; not by tenant. Council may change proceedings. If owner is an infant. Salary of Mayor and Aldermen. Eloction of City Attorney, Clerk, etc. Bower to declare assessments a spec¬ ial fund. How paid, when made special fund. Conflicting acts repealed. Section 1. Be it enacted by the people of the State of Illinois , represented in the General Assembly , That in addition to the pow r ers conferred by the Charter of said city, the City Council shall have power, by ordinance, to levy and collect an annual tax on the real and personal estate within the limits of the city, not exceeding twenty-five cents on each one hundred dollars, on the assessed value thereof; which tax, when collected, shall be set apart and held separate and distinct from the other portion of the city revenue, and kept as a special fund for the payment of interest on the outstanding bonds of the city, and for the payment and liquidation of such bonds at maturity, and for no other purpose whatever: Provided , that AMENDMENTS TO CITY CHARTER. 81 said tax shall be levied and collected at the same time and in the same manner that the general taxes are levied and collected by said city. Sec. 2. The City Council shall have power and authority to borrow money on the credit of the city and issue bonds of said city therefor, drawing such rate of interest (not exceeding ten per cent, per annum,) as the City Council may determine : Provided , that no sum or sums of money shall be borrowed which, together with the outstanding bonds of thecity, shall at any time exceed, in the aggre¬ gate, the sum of twenty-five thousand dollars, unless duly author¬ ized by the legal voters of the city, at a special election ordered by the Mayor for that purpose. The Mayor in his proclamation order¬ ing such special election, shall state the amount and objects of the loan proposed to be made, and shall cause the same to be published in the newspaper publishing the ordinances of said city for thirty days immediately preceding the day appointed for the holding of such election ; and if a majority of all the votes cast at said election shall be in favor of any such loan the same may be negotiated and not otherwise : And , provided , further, that the annual interest on the outstanding bonds of the city, together with the interest on sub¬ sequent issue of bonds under either or any of the provisions hereof, shall never exceed one-half of the revenue annually derived from the general tax levied by said city upon the real estate within the limits of said city. Sec. 3. That section three of article one of the City Charter be so amended as to authorize and empower said city to levy and collect taxes on all parcels of land and lots within the boundaries of the city, in the same manner and for the same purposes that other real estate in said city is taxed, whether said parcels of land and lots exceed ten acres or not. And all lands and lots that shall hereafter be annexed to and form a part of said city shall be taxed for city revenue and other purposes the same, and in the same manner, and for the same purposes, that other lands and lots are taxed by said city. Sec. 4. That, in addition to the powers conferred by the Char¬ ter of said city, the City Council shall have po\^er, within the jurisdiction of said city, by ordinance, to regulate^agencies of all insurance companies, and to license, tax and regulate agents of all such insurance companies doing business in said city. Sec. 5. The Mayor of the city, nor any member of the City Council, during their term of office, shall be permitted to become a contractor or be in any way personally interested in any contract with the city for the performance of any job, work or labor, or for the furnishing of any material, goods, chattels, wares, merchandize or things, let or to be let, purchased or contracted for, by or on account of said city. 32 AMENDMENTS TO CITY CHARTER. Sec. 6. Any person in custody in said city for the non-pay¬ ment of any fine, penalty or forfeiture adjudged against him or her, for a violation of any ordinance of said city, may be released from custody by the City Council, upon a vote of two-thirds of all the Aldermen elected ; but such release shall not discharge such person from the payment of the line and costs. Sec. 7. The city shall not be liable for costs, when the defend¬ ants are acquitted, or in any other case arising under the Charter or ordinances of the city; and the City Council may provide for the payment to Police Magistrates and police officers of a sum in gross, in lieu of all fees and costs and charges against the city. Sec. 8. The City Council shall have power to open and lay out public grounds or squares, streets, alleys and highways, and to alter, widen, contract, straighten and discontinue the same; but no street, alley or highway, or part thereof, shall be discontinued or contracted without the consent, in writing, of all persons owning land or lots adjoining said street, alley or highway. They shall cause all alleys, streets and highways or public squares orgrounds, laid out by them, to be surveyed, described and recorded in a book to be kept by the Clerk, showing accurately and particularly the proposed improve¬ ments, and the real estate required to be taken, and the same, when opened and made, shall be public highways and public squares. Sec. 9. Whenever any street, alley or highway, public ground or square, is proposed to be laid out, opened, altered, widened or straightened, by virtue hereof, and the amount of compensation can not be agreed upon, the City Council shall give notice of their inten¬ tion to appropriate and take the land necessary for the same to the owner thereof, by publishing said notice for ten days in the news¬ paper publishing the ordinances of the city; at the expiration of which time they shall choose, by ballot, three disinterested free¬ holders, residing in the city, as commissioners, to ascertain and assess the damages and recompense due the owners of said real estate, respectively, and, at the same time, to determine what per¬ sons will be benefited by such improvements, and assess the damages and expenses thereof on the real estate benefited thereby, in propor¬ tion, as near as may be, to the benefits resulting to each. A majority of all the Aldermen authorized by law to be elected shall be necessary to a choice of such Commissioners. Sec. 10. The Commissioners shall be sworn faithfully and impartially to execute their duties to the best of their abilities, before entering upon their duties. They shall give at least, five days’ notice to all persons interested of the time and place of their meet¬ ing for the purpose of viewing the premises and making their assessment; which notice shall he given personally, if the owners are residents and known, or by publication in the newspaper pub¬ lishing the ordinances of the city, if non-residents or unknown. AMENDMENTS TO CITY CHARTER. S3 •They shall view the premises, and, in their discretion, receive any legal evidence, and may, if necessary, adjourn from day to day. Sec. 11. If there should be any building standing, in whole or in part, upon the land to betaken, the Commissioners, before making their assessment, shall first estimate and determine the whole value of such building to the owner, aside from the value of the land, and the actual injury to him in having such building taken from him, and, secondly, the value of such building to him to remove. Sec 12. At least five days’ notice shall be given to the owner of such determination, when known and a resident of the city, which may be given personally, or in writing left at his usual place of abode. If a non-resident or unknown, a like notice to all persons shall be given in the newspaper publishing the ordinances of the city. Such notice shall specify the buildings and the award of the Commissioners, and shall be signed by them. It shall also require the persons interested to appear by a day to be named therein, or give notice of their election to the City Council either to accept the award of the Commissioners and allow such building to be taken with the land condemned or appropriated or of their intention to receive such building at the value set thereon by the Commissioners to remove. If the owner shall agree to remove such building, he shall have such reasonable time for that purpose as the City Council may direct. Sec. 13. If the owner refuses to take the building at its appraised value to remove, or fails to give notice of his intention, as aforesaid, within the time prescribed, the City Council shall have power to direct the sale of such building, at public auction, for cash or on a credit, giving five days’ public notice of the sale. The pro¬ ceeds of the sale shall be paid to the owner or deposited to his use. Sec. 14. The Commissioners shall thereupon proceed to make their assessment and determine and appraise to the owner the value of the real estate appropriated and the injury arising from the con¬ demnation thereof, which shall be awarded to such owner, as damages, after making due allowance therefrom for any benefit which such owner may derive from such improvement. In the estimate of damage to the land the Commissioners shall include the value of the building (if the property of the owner of the land,) as estimated by them, as aforesaid, less the proceeds of the sale thereof; or, if taken by the owner at the value to remove, in that case they shall only include the difference between such value and the whole estimated value of such buildings. Sec. 15. If the damages to any person be greater than the benefit received, or if the benefit be greater than the damages, in either case the Commissioners shall strike a balance, and carry the difference forward to another column, so that the assessment may show what amount is to be received or paid by such owners, 5 34 AMENDMENTS TO CITY CHARTER respectively, and the difference only shall in any case be collected of* or paid by them: Provided , that in case the entire benefits to ail property holders interested shall exceed the entire damages assessed by such Commissioners, then, in that case, the persons deemed to be benefited shall only be required to pay pro rata , upon the amounts of the benefits so assessed, a sufficient amount to pay the damage so assessed, as aforesaid. Sec. 16. Having ascertained the damages and expenses of such improvements, as aforesaid, the Commissioners shall thereupon apportion and assess the same, together with the costs of the pro¬ ceedings, upon the real estate deemed by them benefited, in proportion to the benefit resulting from the improvements, as nearly as may be, and shall describe the real estate upon which their assess¬ ments may be made. When completed, the Commissioners shall sign and return the same to the City Council within thirty days of their assessment. Sec. 17. The Clerk shall give ten days’ notice, by publication in the newspaper publishing the ordinances of the city, that such assessment has been made and returned, and, on a day to be specified therein, will be confirmed by the City Council, unless objections to the same are made by some person interested. Objections may be heard before the City Council, and the hearing may be adjourned from day to day. The Council shall have power, in their discretion, to confirm or annul the assessment, or refer the same back to the Commissioners. If annulled, all the proceedings shall be void. If confirmed, an order of confirmation shall be entered. If referred back to the same or other Commissioners, they shall proceed to make their assessment and return the same in like manner and give like notices as herein required in relation to the first. And all parties in interest shall have the like notice and rights, and the City Council shall perform like duties and have like powers, in relation to any subsequent determination, as are herein given in relation to the first. Sec. 18. When the assessment of the Commissioners shall have been finally confirmed and approved by the City Council, the City Council may, by the passage of an ordinance or resolution, to be entered in full upon the journals by the City Clerk, levy and assess the amount of such assessment against the lots and real estate upon which the same is assessed by the Commissioners, and direct that a warrant issue for the collection of the same; and the amount so assessed is hereby declared a special tax, for the purpose for which it shall have been assessed, and a lien until paid upon the real estate so reported to be benefited thereby, and may be collected in the same manner as other corporation taxes are collected for the time being. And should the owner of any land upon which any special taxes assessed be unknown he may be so described in all proceedings AMENDMENTS TO CITY CHARTER. 35 to assess and collect the same. Such assessment may, also, at any time after the approval and confirmation thereof, be collected of the owner of the lot or real estate against which the same is assessed and recovered by suit in the name of the city, before any court having jurisdiction. Sec. 19. The council shall have power to remove Commis¬ sioners, and from time to time appoint others in place of such as may be removed or refuse, neglect or are unable from any cause to serve. Sec. 20. The land required to be taken for the making, opening, widening, straightening or altering any street, alley or other high¬ way or public ground or square, shall not be appropriated until the damages therefor awarded to any owner thereof under this act, shall be paid or tendered to such owner or his agent, or in case such owner or his agent can not be found within the city, deposited to his or their credit in some safe place of deposit, other than the hands of the Treasurer, and then and not before, such lands may be taken and appropriated for the purpose required in making such improve¬ ments, and such streets, alleys or other highways or public grounds may be made and opened. Sec. 21. When the whole of any lot or parcel of land or other premises under lease or other contract, shall be taken for any of the purposes aforesaid by virtue of this act, all the covenants, contracts and engagements between landlord and tenant or any other con¬ tracting parties touching the same or any part thereof shall, upon the confirmation of the report of the Commissioners, respectively cease and be absolutely discharged. Sec. 22. When part only of any lot, parcel of land or other premises so under lease or contract, shall be taken for any of the purposes aforesid by virtue of this act, all the covenants, contracts, agreements and engagements respecting the same upon the con¬ firmation of the report of the Commissioners, shall be absolutely discharged as to that part thereof so taken, but shall remain valid as to the residue thereof, and the rents, considerations and pay¬ ments reserved payable and to be paid for, or in respect to the same shall be so appropriated as that the part thereof justly and equitably payable for such residue thereof, and no more, shall be paid or recovered in any respect of the same. Sec. 23. Any person interested may appeal from any final order of the City Council for opening, widening, altering or straightening any street, alley or other highway, or public ground, to the Circuit Court of Stephenson County by notice, in writing, to the Mayor at any time before the expiration of twenty days after the passage oi said final order. In case of appeal the City Council shall make a return within thirty days after notice thereof, and the court shall at the next term after leiurn filed in the office of the Clerk thereof, 36 AMENDMENTS TO CITY CHARTER. hear and determine such appeal and confirm or annul the proceed¬ ings, from which judgment no appeal or writ of error shall lie. Upon the trial of the appeal, all questions involved in said proceed¬ ings, including the amount of damages shall be open to investigation upon such testimony as may be adduced to the court by the respective parties, or upon application of the city or any party the amount of damages may be assessed by a jury in said court without formal pleadings and judgment rendered accordingly, and the burthen of the proof shall in all cases be upon the city to show that the proceedings are in conformity with this act. Sec. 24. In all cases where there is no agreement to the con¬ trary, the owner or landlord, and not the tenant or occupant, shall be deemed the person who shall and ought to pay and bear every assessment made for the expenses of any public improvement. Where any such assessment shall be made upon or paid by any person, when by agreement or by law the same ought to be borne or paid by any other person, it shall be lawful for the one so paying to sue for and recover of the persons bound to pay the same the amount so paid with interest. Nothing herein contained shall in any way impair or affect any agreement between landlord and tenant or other person respecting the payment of such assessments. Sec. 25. The City Council may, by ordinance, make any changes they may deem advisable in the proceedings herein prescribed for ascertaining the damages and injury occasioned to any person or real estate by reason of the condemnation of such real estate, or any real estate upon which any buildings may be situated in the whole or in part, and the assessment of such damages and injury upon persons or real estate benefited by the improvement, and in all such other respects as experience may suggest. Sec. 26. When any known owner or other person, having an interest in any real estate, residing in the city or elsewhere shall be an infant, and any proceedings shall be had under this act, the Judge of the Circuit Court of Stephenson County, the County Judge of said county or any Judge of the Supreme Court may, upon the application of the City Council or such infant, or his next friend, appoint a guardian for such infant, taking security from such guardian for the faithful execution of such trust and all notices and summons required by this act shall be served on such guardian. Sec. 27. The Mayor of the city shall have such salary as may be fixed by ordinance or resolution, not exceeding three hundred dollars per annum. And each Alderman shall receive such com¬ pensation for his services as the Council may allow, not exceeding one hundred dollars per annum. Sec. 28. That hereafter at the annual Charter election of said city there shall be elected by the legal voters of the city (in place of those appointed by the City Council) one City Attorney, one City AMENDMENTS TO CITY CHARTER. 37 Clerk, one City Surveyor, one City Treasurer, and one Street Com¬ missioner, who shall hold their respective offices for one year, and until their successors are elected and qualified. In case of a vacancy occuring in either of said offices, the City Council shall fill such vacancy by appointment. Sec. 29. That whenever the City Council shall determine to lay out, open, alter, widen or straighten any street, alley or highway, public ground or square, or to grade, pave, macadamize or plank, any street, alley or highway, or to cause any main drain, sewer or acqueduct to be constructed and laid, relaid, cleansed or repaired, and shall cause the expenses thereof to be assessed upon the real estate benefited thereby under any provision of the City Charter, or of any law of this state, it shall be lawful for the said City Council, by an order or resolution, to be entered upon their records by the City Clerk, to declare and set apart such assessment as a separate and special fund, to be applied only to the purpose for which the same has been assessed, and to make such regulations as they may deem necessary and proper to secure the proper application and disbursement of the same. Sec. 30. That whenever any such assessment shall be so set apart by order of the City Council, the same shall be collected and paid only in money orinsuch city warrants as may have been drawn, payable out of such particular fund. Sec. 31. All acts and part of acts coming in conflict with this act, shall be and the same is hereby repealed, and this act shall take effect and be in force from and after its passage. Approved March 9,1867. . POLICE MAGISTRATES’ ACT, AND AMENDMENT. AN ACT for the better Government of Towns and Cities, and to amend the Charters thereof. Section Section 1. Inferior courts to be established. 4. Rules of practice and proceedings. 2. Police Magistrates, how and when 5. City Marshals and Constables to ex- elected. ecute process. 3. How commissioned and qualified; 6. Appeals, how allowed. their jurisdiction. Changes of venue 7. When act to take effect. when and how allowed. Section 1. Be it enacted by the people of the State of Illinois , represented in the General Assembly , That there shall be established in each of the cities of this State inferior courts of civil and criminal jurisdiction, which shall [bej called Police Magistrates’ courts. Sec. 2. That there shall be elected in each of the incorporated towns and cities of this State, the population of which shall nob exceed six thousand, an officer who shall be styled Police Magistrate of the city of-, or town of-, as the case may be ; in each city of this State having a population of over six thousand and not exceeding twelve thousand, there shall be elected two Police Magis¬ trates; and in the cities of this State whose population shall exceed twelve thousand, there shall be elected three Police Magistrates. Said Magistrates shall be elected by the legal voters of such city or town at the next regular election for city or town officers, and every four years thereafter. Sec. 3. Said Police Magistrates, when elected, shall be commis¬ sioned and qualified in the same manner as Justices of the Peace are, and shall have in their respective counties the same jurisdiction, powers and emoluments as other Justices of the Peace of this State ; and they also shall have jurisdiction in all cases arising under the ordinances of their respective towns and cities; and for any breaches POLICE MAGISTRATES’ ACT. 39 thereof, where the amount claimed shall not exceed one hundred dollars, and in all cases arising under the ordinances of towns and cities, said Magistrates shall be entitled to the same fees as Justices of the Peace now are for similar services, and to be collected in the same manner: Provided , That city or town authorities of any such town or city may make such additional allowance to such Police Magistrates as they may deem just and expedient; and in all cases arising under the ordinances of any such town or city, change of venue shall be allowed from one Police Magistrate to another, in cities where there is more than one such Magistrate ; and in all other towns and cities, from such Police Magistrate to the nearest Justice of the Peace, to be applied for in the same manner, and granted on the same conditions and in the same manner as changes of venue from Justices of the Peace now are. Sec. 4. The rules of practice and proceeding before such Police Magistrate shall conform to the practice and proceedings before Justices of the Peace, except in cases where such rules of practice and proceeding shall be changed or modified by the Charter of such town or city; in which case, such rules of practice and proceeding shall conform to the said Charters. Sec. 5. The City Marshals of such towns or cities, and all Con¬ stables of the county in which said town or city may be situated, and all the town or Police Constables of such towns or cities respec¬ tively, shall be and are hereby authorized to execute all process and orders issued or made by said Police Magistrates in their respective counties. Sec. 6 . Appeals shall be allowed from the decision of Police Magistrates in all cases, to be applied for and taken in the same manner that appeals from Justices of the Peace may be taken. Sec. 7. This act to take effect and be in force from and after its passage. Approved February 27, 1854. 40 AMENDMENT. AMENDMENT. AN ACT to amend an Act entitled “ An Act for the better Government of Towns and Cities, and to amend the Charters thereofapproved February 27,18M. % Section Section 1. Police Magistrates, term of Qffice; 2. When act to take effect, vacancies how filled. Section 1 . Be it enacted by the people of the State of Illinois , represented in the General Assembly , That all Police Magistrates, when elected, shall severally hold their offices for the term of four years, and until others are elected and qualified ; and in case of the death, resignation, or removal from the town or city of any of the Police Magistrates, their offices shall be deemed thereby vacated, and such vacancies shall be filled by special election for that purpose, notified and conducted in the same manner as is now provided by law for special elections for Justices of the Peace. Sec. 2. This act to take effect and be in force from and after its passage. Approved February 15, 1855. MISCELLANEOUS ACTS OF THE LEGISLATURE. Extractfrom An Act to incorporate Townr, and Cities. Section Section 1. Persons committed to jail may be re- 4 Powor of city to pass all ordinances quired to labor on streets, instead of authorized by the Charter of certain imprisonment. cities. 2. City may declare what shall- be a 8. City may purchase grounds beyond nuisance. its limits for cemetery. 3. Power of city to grade front lots, etc.; 9. City may collect taxes by filing eer- mode of compelling owners to fill tificate with Clerk of Circuit Court. lots, etc. etc. 10. When act to take effect. Section 1. Be it enacted by the 'people of the State of Illinois , represented in the General Assembly , That any incorporated town or city in this State may have power to provide by ordinance that every person against whom any judgment may hereafter be recovered, in favor of said town or city, for a penalty or fine for a breach of any ordinance, instead of being committed to jail, may be required to labor on the streets until the whole fine and costs shall be paid, at the same rate per day as may be allowed as a forfeiture for a failure to perform street labor under the direction of the Street Commissioner. Sec. 2. The corporate authorities of any city or town in this State may have power to declare what shall be a nuisance, and to prevent and remove the same as much as one-half mile beyond the limits of the corporation, with full power to impose a fine for a violation of any ordinance to that effect. Sec. 3. Whenever it may be necessary to pave or grade any street or front lots, or to fill up or alter any lot that may be declared to be a nuisance, said corporate authorities may have power, upon the failure of the owner of any lot to pave, grade or fill up said lot, 6 42 MISCELLANEOUS ACTS. or to pay the taxes or fine that may be assessed on the owner or owners thereof, to require that said lot, or so much thereof as may be necessary, shall be sold for the payment of the tax or fine and cost, in the manner authorized for the collection of other taxes, and all assessments so made shall constitute a lien on said lot. Sec. 4. The corporate authorities of all towns and cities incor¬ porated under chapter twenty-five, entitled “ Corporations,’’ of the revised code, or under any special act, shall have power to pass all the ordinances and by-laws, and possess all the powders authorized under the laws and amendatory acts incorporating either of the cities of Springfield or Quincy : Provided, That towns containing a population of less than fifteen hundred white inhabitants, shall have no other officers or allow any other compensation than is allowed under chapter twenty-five of the revised code, unless expressly authorized by law. “X' ■X* •X* ■X’ -X* ■$£ ■X’ Sec. 8. The inhabitants of any town or city, in the corporate name, may purchase, receive, and hold real estate beyond the limits as [ofj the corporate limits for the purpose of burying grounds. Sec. 9. Whenever the corporate authorities of any town or city may wish to have the taxes, authorized to be levid under and by virtue of their respective Charters, or under the general act, upon filing a certificate of the rate authorized under the authority of the said corporation, in the office of the Clerk of the County Court, it shall be the duty of the Collector of taxes for the State and County to collect the taxes for said town or city upon the assessment of the value of all the property within the limits of said corporation, as ascertained by the assessment for State and county purposes, and enforce the payment thereof in the same manner, and with all the rights, power and authority as he has to collect State and county taxes, and shall pay the same over to the order of the corporate authorities, at the same time he is required to pay over the county revenue, and the court of the proper county shall render judgment and order the sale of any lot or tract for the non-payment of the tax and cost due said town or city, as is or may be provided for State and county taxes; and judgment and sale shall be rendered for the aggregate amount due for county, State and town, or city taxes. The Collector shall receive the same compensation for collect¬ ing the taxes for any town or city as is allowed for the collection of the State and county revenue; to be paid out of the funds of the corporation, and he shall be liable on his bond for the faithful performance of the duties required under this act. Sec. 10. This act to take effect from and after its passage. Approved February 10, 1849. MISCELLANEOUS ACTS. 43 AN ACT to amend the Charters of the several Towns and Cities in this State. Section Section. 1. City Collector may obtain judgment 2. Assessments for side-walks may be in County Court against real estate collected by means of judgment in for delinquent taxes; court to issue County Court, etc. precept, etc. 3. When act to take effect. Section 1. Be it enacted by the people of the State of Illinois , represented in the General Assembly, That in all cases where taxes assessed on real estate by the corporate authorities of any city or town in this State, except in the city of Chicago, are not paid within the time fixed by the corporate authorities of any such city or town, it shall be lawful for the Collector of any such city or town, after giving notice of such application by advertisement at least thirty days previously to such application, in some newspaper published in said town or city, or if no newspaper should be published in said town or city, then by posting up printed or written notices of such intended application in at least four of the most public places in such town or city, to apply to the County Court of the county in which such delinquent real estate may be situated, and cause judgment to be entered against such delinquent real estate for the amount of taxes due and unpaid and costs. And the said County Court shall proceed to hear and determine said application, and render judgment against said delinquent real estate in the same manner, and said judgment shall have the like effect as though said delinquent list had been returned to the County Court by the Sheriff or Col¬ lector of the county, in the collection of State and county taxes. And the County Court shall issue its precept or order to the Collector of said city or town, directing him to sell said real estate at public auction, to pay said delinquent taxes and costs: Provided\ That the corporate authorities of such towns or cities shall have full power to adopt any regulation or proceeding they may deem necessary to carry this section into full effect: And , provided , f urther , That the corporate authorities of any town or city shall have power to fix the time of such application to the County Court, and the time of sale of said real estate. Sec. 2. In ail cases where assessments have heretofore been made, or where assessments may hereafter be made, by the corporate authorities of any town or city in this State, on any lot or real estate in such town or city, for the purpose of improving any street, side¬ walk or alley in front of such lot or real estate, or for any purpose whatever, either by ordinance, resolution or other proceeding, and such assessment is not paid within the time fixed by the order, resolution or ordinance making such assessment, the corporate 44 MISCELLANEOUS ACTS authorities of the several towns and cities in this State may apply to the County Court of the proper county for judgment against said lot or real estate, for the amount of said assessment and costs; and the County Court, on such application being made, shall render judg¬ ment against such lot or real estate for the amount of said assessment and costs, and shall issue its precept to the Sheriff of the proper county, commanding him to sell said lot or real estate, or so much thereof as may be necessary, to pay said judgment and costs, in the same manner and with like effect as if sold upon execution at law; and the corporate authorities of the several towns and cities shall have full power to provide by resolution or ordinance for the making or levying any such assessment, and they shall have full power to fix the time of payment and the kind and time of notice of such assessment, and of the said application to the County Court; and the corporate authorities of any town or city shall have full and complete authority to adopt any rule, regulation or proceeding which they may deem necessary to carry the provisions of this section into full and complete effect. Sec. 3. This act to take effect from and after its passage. Approved March 1, 1854. AN ACT authorizing incorporated Cities to change, alter and vacate streets or parts of streets. Section Section '{.Corporate authorities may change 2. Damages caused by changing streets, alter or vacate streets and convey how assessed, the same in certain cases. Section 1. Be it enacted by the people of the State of Illinois , represented in the General Assembly , That when the corporate authorities of any city may deem it for the best interest of their respective cities that any street or part of a street shall be changed, altered or vacated, said authorities shall have the power, upon the petition of the property holders owning property on such street or part of street, to change, alter, or vacate the same, and to convey, by quit-claim deed, all interest which said city may have had in the street or part of street so vacated, to the owner or owners of lots and lands next to and adjoining the same, upon the payment by such owner or owners of all assessments which may be made against MISCELLANEOUS ACTS. 45 their lots or lands, for and on account of benefits to the same arising from such change, alteration or vacation of any street or part of street as aforesaid. Sec. 2. The benefits and damages caused by changing, altering or vacating any street or part of street as aforesaid, shall be assessed and determined in the manner pointed out by the act incorporating such city, or by the ordinances thereof in other cases. Approved February 15, 1851. AN ACT to provide for vacating Town Plats. Section Section 1. Town plats may be vacated in certain 2. This act not to apply to original plats cases; manner of vacating plats, etc. of county seats. 3. Parts of plats may be vacated, how. Section 1. Be it enaeted by the people of the State of Illinois , represented in the General Assembly , That in all cases where persons have heretofore, or may hereafter, lay out towns, or additions to towns, or subdivisions of town lots, and the plats or maps thereof shall have been recorded, they, their heirs, assigns, or grantees, may, at any time before making sale of any single lot or lots, by executing a writing and causing the same to be recorded in the office in which the plat or map was recorded, declare such map or plat to be vaca¬ ted; and the execution and recording of such writing shall operate to destroy the force and effect of the recording of the plat or map so vacated, and to divest all public rights in the streets, alleys, com¬ mons and public grounds laid down or described in such plat or map ; and in cases where any single lot oo lots have been sold, the plat or map may be vacated as herein provided, by all the owners of lots joining in the execution of the writing aforesaid : Provided , that no such writing shall be recorded until the execution thereof shall have been acknowledged or proved as is or may be required in respect to deeds. Sec. 2. The provisions of this act shall not apply to the original plat or map of any town located or laid out as or for a county seat, so long as the county seat shall remain at such town, but plats or maps of additions to such towns or subdivisions of lots included in the recorded plats or maps thereof, may be vacated as herein pro¬ vided for: Provided ', however, That nothing contained in this act shall authorize the closing or obstructing a public road, laid out according to law. 46 MISCELLANEOUS ACTS. Sec. 3. Any part of a plat or map of a town, addition or sub¬ division may be vacated under the provisions and subject to the conditions herein contained. Approved February 16, 1847. Chapter CVII, of theRevised Statutes, entitled “Warrants of Cities and Towns.” Section Section 1. Warrant or order to be drawn for 3. Warrant payable only to payee, or only one amount on one claim. his legal representatives. 2. To be drawn in favor of person to 4. Penalty for violation of this chapter, whom due and no other. and how recovered. Section 1 . In all cases in which any city or town in this State shall bo indebted to any person or persons, on any account whatso¬ ever, a warrant or voucher shall be drawn on the Treasurer of such city or town, for the whole amount found due to such person, by the tribunal having power to audit and allow claims against such city or town ; and such tribunal shall not, in any case, draw more than one warrant or voucher for the amount allowed to one individual at one time. Sec. 2. No warrant or voucher drawn on the Treasurer of any city or town, shall be drawn in favor of any other person than the one to whom the same may be due, and such warrant or voucher may be in the form now prescribed by law. Sec. 3. No Treasurer of any city or town in this State, shall pay any warrant or voucher drawn on him, unless such warrant be presented for payment by the person in whose favor such warrant is drawn, or his assignee, or executor, or administrator. Sec. 4. Any officer or officers of any town or city, that shall be guilty of violating the provisions of this chapter, shall be deemed guilty of a misdemeanor in office; and for every such violation, shall be fined, in a sum not exceeding five hundred dollars, to be recovered by indictment. Approved March 3,1845. RULES AND ORDER OF BUSINESS. OF THE CITY COUNCIL OF THE CITY OF FREEPORT. ADOPTED BY THE CITY COUNCIL, JUNE 16, 1855. MEETINGS OF THE CITY COUNCIL. Rule 1. The rules of procedure and order of business shall be strictly adhered to by the City Council, unless they shall be temporarily suspended by unanimous consent. Rule 2. The City Council shall meet regularly on the first Saturday evening in each month, and at any other time they may, in their discretion, deem proper. Rule 3. The Mayor or any two Aldermen may call special meetings of the City Council. CHAIRMAN. Rule 4. The Mayor shall preside at all meetings of the City Council, and shall have a casting vote, and no other. In case of the non-attendance of the Mayor, at any meeting, the Aldermen shall appoint a Chairman pro tem. QUORUM. Rule 5. At all meetings of the City Council, a majority of all the Aldermen elected shall constitute a quorum to do business; but 48 RULES AND ORDER OF BUSINESS a minority may adjourn from day to day, and compel the attendance of absent members, by a line not exceeding ten dollars for each and every such offence. ORDER OF BUSINESS. Rule 6. At the hour appointed for meeting, the members shall be called to order by the Mayor, or, in his absence, by the Clerk, who shall proceed to call the roll, note the absentees, and announce whether a quorum be present. Upon the appearance of a quorum, the Council shall then proceed to the business before them, which shall be conducted in the order following : 1. Reading of the minutes of the last meeting, amendment and approval of the same. 2. Presentation of petitions and reports of officers. 3. The reports of standing committees. 4. Reports of select committees. 5. Communications to the City Council. 6. Unfinished business of preceding meeting. 7. Motions, resolutions, notices and communications. Rule 7. All questions relating to the priority of business shall be decided without debate. \ DUTIES AND PRIVILEGES OF THE MAYOR. RuleS. The Mayor shall preserve order and decorum, and shall decide questions of order, subject to an appeal to the Council. Rule 9. While the Mayor is putting the question, no member shall walk across or out of the council room. Rule 10. Every member, previous to his speaking, shall address himself to the chairman, and say “Mr. Chairman;” but shall not proceed with his remaks until recognized and named by the chair. DUTIES AND PRIVILEGES OF MEMBERS. Rule 11. No member shall speak more than twice to the same general question, nor more than once to a previous question, without the unanimous leave of the Council, nor more than once in any case, until every member choosing to speak, shall have spoken. Rule 12. While a member is speaking, no member shall entertain private discourse. Rule 13. A member called to order, shall immediately suspend his remarks, unless permitted to explain. If there be no appeal, the decision of the chair shall be conclusive; but if the member appeal to the Council from the decision of the chair, the Council shall decide on the case without debate. RULES AND ORDER OF BUSINESS. 49 MOTIONS. Rule 14. Motions upon the subject under consideration, shall have precedence in the following order : 1. To lay on the table. 2. To postpone. 3. To commit. 4 To amend. Rule 15. All motions or resolutions shall be reduced to writ¬ ing, if required by the President, or a member; and when seconded and stated by the chair, shall be open for consideration, and no motion or resolution can be withdrawn after it shall have been amended or decided. ADJOURN. Rule 16. A motion to adjourn shall always be in order, and shall have precedence over all others, and shall be decided without debate. AYES AND NOES. Rule 17. Every member who shall be present when a question is stated from the chair, shall vote thereon, unless excused by the Council, or unless he be directly or indirectly interested in the ques¬ tion, in which case he shall not vote. The ayes and noes may be called for by any member, in which case the names of the members voting shall be recorded on the minutes. APPOINTMENTS TO OFFICE. Rule 18. All appointments to office by the Council shall be by ballot, and a majority of the members present shall be necessary to a choice. SPECIAL COMMITTEES. Rule 19. All committees shall be appointed by the Mayor, or in his absence by the chairman pro tern, unless otherwise directed by the Council, in which case they shall be appointed by ballot. SUSPENSION OF RULES. Rule 20. No notice or resolution, establishing new ordinances, amending or in anywise affecting existing ordinances, or appro¬ priating city funds, except in the salaries of officers and in contracts formerly made, shall be finally accepted at the same meeting of their introduction, unless two-thirds of the Council present shall vote to dispense with this rule. 7 50 RULES AND ORDER OF BUSINESS. DIVISION OF QUESTION. Rule 21. If the question in debate contain several distinct propositions, any member may have the same divided. BLANKS FILLED. Rule 22. When a blank is to be filled, and different sums and times proposed, the question shall first be put upon the largest sum and longest time. WHEN AMENDMENT AND DEBATE NOT IN ORDER. Rule 23. A motion for a “ previous question,” to lay the ques¬ tion on the table, or to commit until it is decided, shall preclude all amendment and debate on the main question ; and a motion to post¬ pone a question indefinitely, or to adjourn it to a certain day, shall, until it is decided, preclude all amendments to the first question. PREVIOUS QUESTION. Rule 24. The previous question shall be as follows: “Shall the main question now be put ?” REPORTS. Rule 25. Standing and select committees shall in all cases report in writing. Rule 26. All reports of committees shall be addressed—“To the City Council of the City of Freeport.” Rule 27. The standing committees of the City Council shall consist of three members each. CITY CLERK AND CITY MARSHAL TO ATTEND MEETINGS. Rule 28. Notices of special meetings shall be served by the Marshal on each Alderman personally, or by leaving the same at his usual place of residence or business. The Clerk shall have charge of the council room, and attend all meetings of the Council. The Marshal shall also attend all meetings of the Council. JOURNAL. Rule 29. The Council shall keep a journal of its proceedings, which shall be open at all times for inspection; shall make and enforce rules of proceedings, and compel the attendance, when necessary, of absent members. RULES AND ORDER OF BUSINESS 51 STANDING COMMITTEES. Rude 30. The standing committees shall be appointed annually and the person first named on the committee shall be Chairman thereof. The following shall be the standing committees, to wit: 1. Committee on Finance. 2. Committee on Streets, Alleys and Bridges. 3. Committee on License and Tippling Houses. 4. Committee on Public Grounds. 5. Committee on the Health of the City. 6. Committee on Police. 7. Committee on Fire Department. . ' .•* -m! 1 ; . yr >.") ' ' : •. » ) : . : . ■ a A ' PART SECOND, ♦—♦ OT£.T>IlX OF THE CITY OF FREEPORT. ' r '• S / ORDINANCES. CHAPTER I. CITY SEAL. An Ordinance establishing the City Seal. Be it Ordained by the City Council of the City of Freeport , That the Seal heretofore provided and used by and for the City of Free¬ port—(the impression of which is as follows: In the center, the representation of a shield having thereon a bow and arrow, a plow, and a caduceus; above the shield, a star; on the right, an Indian chief; on the left, a locomotive; and underneath, the motto, “ Prcesto et Persto with the inscription, “City of Freeport; incorporated 14th Feb., 1855,” around the outer edge of said Seal)—shall be and is hereby established and declared to have been and now to be the Seal of the City of Freeport. 56 ordinances CHAPTER II. ASSESSMENTS. An Ordinance concerning Assessments for Public Improvements. Section Section 1. Improvements, committee to report 9. Commissioners when to make return, plan, estimates how made. notice of return to be given, form of 2. Form for order of improvements. notice. 3. Where special assessments are re- 10. Confirmation of revised roll, form of quired, what form to be used. order of confirmation. 4. Election of Commissioners, how 11. Warrants; form of warrant. made, form of record. 12. Powers of City Collector and proceed- 5. Notice to Commissioners, oath of ings the same as in general taxes. Commissioners, form of. 13. If any assessment be not collected* 6. Commissioners’ notice, form of. City Clerk to apply for judgment, 7. Attendance to make assessment roll; etc. form of roll. 14. No assessment invalid for want of 8. Return to be made, form of return. form. Section 1. Be it Ordained by the City Council of the City of Freeport, That whenever the City Council shall deem it necessary to cause any street or public way to be paved, Macadamized or other¬ wise improved, or any main drains, aqueducts, cross-walks, or sewers, at the connection of streets, to be laid, the subject shall be re¬ ferred to an appropriate committee, whose duty it shall be to prepare and report to the City Council the plan of such improvement, with an accurate estimate of the expenses thereof, including in every case the costs of making the assessment. It shall be the duty of the City {Surveyor to aid and assist the committee in the preparation of said report, and to make all estimates for the work in writing; all of which shall be submitted to the City Council, in connection with such report. Sec. 2. Whenever any improvement shall be ordered, the order therefor may be in the following form : “ Ordered , That-street, from-street to-street, be planked, (or “ otherwise improved,” as the case may be,) with ( here describe the manner , materials of planking, etc.) {If the order be for a main drain or sewer, it may read as follows:) “ Ordered, That a main drain, (or “aqueduct,” or as the case may be,) be laid through and under-street (or “ alley,”) from-street to-street, as follows {In either case, the order may conclude as follows:) “ And that the sum of-dollars be assessed upon the real estate of the city, benefited thereby, to defray the expenses of such improvement.” Sec. 3. In all cases where special assessment shall be required for the purpose of improving any public square, or other public im- ASSESSMENTS. 57 provement, for which a special assessment may be made, the forms and proceedings herein prescribed, with modifications, (if required,) may in any case be followed. Sec. 4. When the assessment shall be ordered, the City Council shall, by ballot, appoint by a majority of all the Aldermen authorized by law to be elected, three reputable freeholders, residing in the city, to make the same. If elected at the time of the passage of said order, the names shall be recorded by the Clerk in connection therewith, as follows: « ' “The City Council thereupon proceeded to make choice by ballot of three Commissioners, to make such assessment; on the first ballot {or as the case may he) A. B., C. D., E. F., three reputable freeholders of said city, received-ballots each, (or as the case may he ,) which being a majority of all the Aldermen authorized by law to be elected, they were declared duly elected as Commissioners to make the said assessment.’’ {If the election he held subsequent'to the passage of any order for an assessment, the order should he changed so as to conclude after the word Commissioners as follows:) “To assess the sum of-dollars on the real estate benefited by the, {state the nature of the improvement,) in pursuance of an order of the City Council passed-186 .” Sec. 5. The Clerk shall make out notices of their appointment to the Commissioners, requiring them to appear and be qualified, as such, within five days after the service of notice. Notices shall be served by th'e City Marshal. Commissioners shall take the follow¬ ing oath, to be administered by the Clerk, and entered upon or attached to their assessment roll: “The undersigned, Commissioners appointed by the City Council of the City of Freeport, to assess the sum of-dollars upon real estate by us deemed benefited by the planking of {or “ otherwise improving ’’)-street, {or for such other purpose as the assessment may he made,) in proportion to the benefits resulting thereto as nearly as may be, do solemnly swear that we will faithfully and im¬ partially execute our duty according to the best of our ability. A. B.,1 C. D., y Commissioners. E. F., j Sworn to and subscribed before me, this-day of-, Sec. 6. Before entering upon their duties, the Commissioners shall give at least six days’ notice in the corporation paper, of the time and place of meeting, for the purpose of making their assess¬ ments ; and they may, if necessary, adjourn from day to day. Such notice may be in the following form : “ COMMISSIONER’S NOTICE. Public notice is hereby given to all persons interested, that the undersigned, Commissioners appointed by the City Council of the City of Freeport, to assess the sum of-dollars, on the real estate by us deemed benefited by the {here state the substance of the order,) will meet at-on-, the-day of- inst., {or “next,”) at the hour of-o’clock, —. M., for the purpose of making said assessment. A. B.,) C. D., V Commissioners. 8 Freeport, 58 ORDINANCES The Commissioners shall attach to their assessment roll a certifi¬ cate of such publication, signed by the printer or publisher of the corporation paper. Sec. 7. The Commissioners shall be present at the time and place mentioned in such notice for the purpose of making their assessment. When the same shall be completed, it shall be entered in a substantial and durable book to be provided by the city; the roll shall contain the names of the owners of real estate, when known, a description of the lots and parts of lots which may be assessed, the valuation of each, separately, and the sums of money assessed thereon. It may be in the following form : “ASSESSMENT ROLL. A description of tliereal estate in the City of Freeport, deemed benefited by the planking {or orthenvise, as the case may be,) -street, {or “ by the laying of a main drain,” or otherwise, as the case may be ) with the valuation thereof, and the sums of money severally assessed thereon by the Commissioners, to wit: Original Town {or as the case may be.) Name of owner. Description of part of lot. Lot. Block Valuation Assessment Rev. Value. Rev. Ass’m’t. Sec. 8. When the said roll shall be completed, the Commissioners shall attach thereto a return, which may be in the following form: “ The undersigned, freeholders and residents Of the City of Freeport, duly elected and appointed by the City Council to assess the sum of-dollars on the real estate in the said city, by us deemed benefited by the planking-street, (or “ by the laying of a main drain or sewer,” or as the case may be, following , in each case, the description of the improvement in the order therefor,) do thereby report and return to the City Council— That, in pursuance of said appointment they where duly qualified before entering upon their duties, as appears by the oath recorded herein,— That they published a notice of the time and place of their meeting for the purpose of making said assessment, in the-, the corporation newspaper, for the period of six consecutive days previous to such meeting; a certificate of which publication is hereunto annexed ; that they were present at the time and place, and for the purpose designated in the said notice, and did then and there, and do hereby, in pursuance of said appointment, assess the said sum of money upon the real estate hereinbefore set forth and described, as benefited in the respective proportions of said sum set opposite to each lot and part of lot, respectively in the foregoing assessment roll, having first fixed a valuation on the said real estate, which is likewise set forth in the said roll. All of which is respectfully submitted. A. B.,'| C. R., > Commissioners. E. F.,j Freeport, , 186 . ASSESSMENTS. 59 Sec. 9. The Commissioners shall complete their assessment, and deliver the same to the City Clerk, within forty days after their appointment, unless further time shall be given them for the pur¬ pose. The Clerk shall thereupon cause a notice of the return of such assessment to be published for six days in the corporation paper; and a ^certificate of such publication signed by the printer or pub¬ lisher of the corporation paper, shall be written upon or attached to the roll. The notice may be in the following form : “ASSESSMENT NOTICE. City Clerk’s Office, Freeport,-, 186 . Public notice is hereby given to all persons interested that the Commissioners appointed by the City Council of the City of Freeport, to assess the sum of- dollars on the veal estate in the city, benefited by the ( here state the substance of the order, have completed their assessment, and made return thereof to my office. Any persons wishing to appeal from said assessment must file their objections in writing in my office, on or before-, the-day of-. 186 , at-o’clock —. M., as the City Council will at that time, at their usual place of meeting, hear all objections to the assessment, and revise and confirm, or annul the same. Clerk. Sec. 10. When all objections to the assessment shall have been heard, and the revised roll and corrected by the City Council, an order of confirmation shall thereupon be entered by the Clerk, (if such order shall be made,) which order may be in the following form : Whereas, due notice has been given by the City Clerk, of the return of the assessment made by the Commissioners appointed by the City Council, on the -day of-, 186 , to assess the sum of-dollars on the real estate in the city benefited by the ( here state the nature of the assessment,) and all objections to such assessment having been duly heard and disposed of by the City Council, (or “ no objeclions thereto having been made,” as the case may be,) it is therefore— Ordered, That the said assessment as revised and corrected by the City Council be, and the same hereby is confirmed, and such assessment is hereby required to be paid within-days from this date, and that a warrant be issued for collec¬ tion thereof, returnable in thirty days from this da^e. It is further ordered, that upon the return of such warrant if any part of said assessment shall not be collected, the City Clerk shall apply to the County Court of Stephenson County, for judgment against the lots or real estate upon which such an assessment remains unpaid, for the amount of such assessment and costs, after publishing a notice of such intended application in the corporation news¬ paper for thirty days. Sec. 11. Warrants issued for the collection of any special assessment, may be in the following form : COLLECTOR’S WARRANT. State of Illinois, j City of Freeport, j The People of the State of Illinois to the Collector of the City of Freeport, Greeting : Whereas, The City Council of the City of Freeport did on the-day of- 186 , confirm the assessment duly made and filed in the City Clerk’s office, by the Commissioners appointed by the City Council to assess the sum of-dollars upon the real estate in the said city, deemed benefited by (here state the terms of the original order) in proportion to the benefit resulting thereto, in pursuance of an order for said assessment made by the City Council, on the-day of-, 186 , (if the roll has been revised by the Council , then add , “after duly revising 60 ORDINANCES. and correcting the same,”) and did thereby assess the said sum of money upon the real estate described in the roll of said assessment, in the respective proportions thereof marked ‘‘assessment,” set opposite to eacli lot, part of lot, and land described in said roll; which roll is in the words and figures following, to wit: ASSESSMENT ROLL. (Here insert a time and perfect copy of the corrected assessment roll, with a blank column for the entry of payment.) Now, therefore, you are hereby commanded to make, levy and collect, of the goods and chattels of the respective owners of the real estate above described, the several sums of money assessed thereon, for which each may be liable, as afore¬ said, and hereof make due return in what manner you shall execute this writ , within thirty days from the date hereof. Witness, David H. Sunderland, Mayor of the City of L. S. Freeport, and the corporate Seal thereof, this-day of-186 . Attest : D. H. SUNDERLAND, Mayor, U. M. MAYER, Oily Clerk Sec. 12. Such Collector shall have the same power in the collec¬ tion of warrants for assessments as the City Collector possesses in the collection of general taxes. If any part of the assessment shall not be collected by the return day of the warrant, he shall make return thereof in the manner required for the return of general war¬ rants. All warrants for special assessments shall be charged by the City Clerk to the Collector receiving the same, and such Collector shall be liable therefor, in the same manner and to the same extent as the City Collector is for general taxes. Sec. 13. Upon the return of any such warrant, if any part of the assessment shall not be collected, the City Clerk shall apply to the County Court of Stephenson County for judgment against the lots and real estate on which the assessments so remain unpaid for the amount of such assessment and cost, after publishing a notice of such intended application in the corporation newspaper for thirty days. Sec. 14. No assessment shall be deemed to be invalid, in any case where the same shall be made in conformity with law, although the same shall not be made in conformity with the proceedings and forms herein prescribed. Passed Julv 22, 1857. ASSESSMENTS 61 CHAPTER III. BONDS. An Ordinance authorizing the issuing of bonds for the purpose of building a bridge on Stephenson Street. Section 1. Be it Ordained by the City Council of the City of Freeport , That the Mayor of this city be and he is hereby authorized to issue bonds in behalf of the city for a loan of two thousand dol¬ lars, payable in five years from the date thereof, for the purpose of building a bridge across the Pecatonica river, at or near the foot of Stephenson street in said city, at a rate of interest not exceeding ten per centum per annum, payable semi-annually. Passed July 21, 1855. An Ordinance authorizing the issuing of bonds for the purpose of purchasing Fire Engines, etc. Section 1 . Be it Ordained by the City Council of the City of Freeport , That the Mayor of the city be, and he hereby is author¬ ized to issue bonds in behalf of the city for a loan of four thousand dollars, in sums of not less than one hundred dollars, payable in six years from the date thereof, for the purpose of purchasing fire engines, erecting cisterns, and organizing an efficient fire department in the city—said bonds to bear interest at a rate not exceeding ten per cent, per annum. Passed December 31, 1855. An Ordinance authorizing the issuing of city bonds for a loan of five thousand dollars. Whereas , At an election held the ninth day of June inst,, pur¬ suant to a call of the Mayor, for the purpose of obtaining the sense of the legal voters of the city upon the question of making a loan of 02 ORDINANCES. five thousand dollars for the purpose of paving or Macadamizing the crossings of the streets, and for improving the streets and alleys in the city, a majority of votes were cast for the loan ; therefor— Section 1. Be it Ordained by the City Council of the City of Freeport, That the Mayor of the city be and he is hereby authorized to issue bonds in behalf of the city, with the city seal affixed, to be attested by the Clerk, for a loan of five thousand dollars, in sums of not less than one hundred dollars, one-half of said sum to be pay¬ able in six years and one-half in seven years from the date thereof, for the purpose of paving or Macadamizing the crossings of the streets and for improving the streets and alleys in said city; said bonds to be at interest at a rate not exceeding ten per cent, per annum, interest payable semi-annually on the first day of April and October in each year. Passed June 9, 1857. An Ordinance authorizing the issue of bonds in place of numbers 6, 7, 8, 9 and 10. Section 1. Be it Ordained by the City Council of the City of Freeport, That the Mayor of the city be and he is hereby authorized to issue bonds in behalf of the city, with the city seal affixed and attested by the City Clerk, for the sum of twenty-five hundred dollars, in sums of not less than one hundred dollars, pay¬ able in six years from the date thereof, with interest coupons attached payable semi-annually, on the first days of April and October in each year, said interest to be at the rate of ten per cent, per annum, which bonds hereby authorized to be issued shall be delivered by the Mayor to the holders of bonds No. 6, 7, 8, 9 and 10 of the city, in lieu thereof, upon said last mentioned bonds, being surrendered for cancellation. Passed October 3, 1863. BRIDGES. 63 / An Ordinance authorizing the issuing of city bonds for a loan of three thousand dollars. Section 1. Be it Ordained by the City Council of the City of Freeport , That the Mayor of the city be and he hereby is authorized to issue bonds in behalf of the city for a loan of three thousand dol¬ lars in sums of not less than one hundred dollars, payable in ten years from the date thereof, for the purpose of building a bridge across the Pecatonica river at or near the foot of Stephenson street in said city, and Macadamizing the crossings on Galena street and improving the efficiency of the fire department of the city, said bonds to bear interest at a rate not exceeding ten per cent, per annum interest payable semi-annually. Passed November 9, 1863. « CHAPTER IV. BRIDGES. An Ordinance concerning Bridges.* Section Section 1. Persons crossing bridges not to drive 2. No more than ten cattle or horses to faster than a walk. be driven upon any bridge atone time. Section 1. Be it Ordained by the City Council of the City of , Freeport , That no person, from and after the passage hereof, shall ride, lead or drive any wagon, carriage, dray, cart or other vehicle or conveyance, nor any horse, mare, ox, or other animal over or across any bridge over the Pecatonica river, within the limits of this city, or over the Stephenson street bridge extension, at a faster gait or pace than a common walk; and any person or persons who shall be guilty of a violation of this section, shall, for each and every offense, forfeit and pay to said city the sum of five dollars, to be recovered before any court having jurisdiction. Sec. 2. No person or persons shall drive or assist in driving on or across any one of the bridges within this city more than ten head *Original Ordinance passed February 16,1856 and amended by revisions of 1857 and 1868. ORDINANCES. t)4 of cattle or horses at any one time in a drove; and any person violating the provisions of this section shall forfeit and pay to said city for each offense a penalty of not less than two dollars, nor exceeding twenty-five dollars, in the discretion of the Magistrate convicting. CHAPTER V. CITY CEMETERY AND SEXTON. An Ordinace concerning the Freeport Cemetery and City Sexton.* Section Section 1. Boundaries of cemetery 8. City Sexton to keep a record of inter- 2. Lots in cemetery, how described. ments. 3. Applications for lots,how made; City 9 To attend to all interments; fees for Clerk to keep a book containing list digging graves. of lots, etc. 10. Penalty for neglect of duty. 4. City Clerk to grant deed of lot on pay- 11. No person to bury on unsold lots; ment therefor: form of deed. resistance to Sexton, trespasses on 5. Credit to be given for lots in certain grounds, how punished. cases; notes to be collected. 12. Sexton constituted a police officer; 6. Burials prohibited till lots paid for; duties as police officer. penalty. 13. Burials prohibited in former burial 7. City Sexton, how appointed, his du- grounds. ties. 14. Vacation of certain alleys. Section 1. Be it Ordained by the City Council of the City of Freeport, That the north-west quarter of the north-east quarter of the south-east quarter of section thirty-six, township twenty-seven north, range seven east of the fourth principal meridian, heretofore set apart and used for the burial of the dead, shall be continued for that purpose only, and shall be known and designated as the “ Freeport Cemetery.” Sec. 2. Lots in said Cemetery shall be described as heretofore, by reference to the plat of the same, recorded in the office of the Clerk of the Circuit Court of Stephenson County in book U of deeds, page 542. Sec. 3. Applications for lots in the Cemetery shall be made to the City Clerk. He shall be provided with a book containing a list of all the lots in the Cemetery, with their numbers and ranges described in accordance with the plat hereinbefore mentioned, * Original Ordinance passed June 9,1855, and amended by revisions of 1857 and 1808. CITY CEMETERY AND SEXTON. 65 together with columns ruled for the entry, when sold, of the name of the purchaser, the date of sale, and the amount received for each lot. Sec. 4. On payment of the sum of money at which any lot has been duly appraised, to the City Clerk, by the purchaser, the City Clerk shall grant a deed of such lot to the purchaser, signed by the Mayor and countersigned by himself, under the corporate seal, which deed may be in the following form: CEMETERY DEED. “ Know all men by these presents, that the City of Freeport, in the County of Stephenson and State of Illinois, for and in consideration of the sum of-dol¬ lars to the city paid by-, hath this day granted, bargained and sold, and by these presents doth grant, bargain, sell and convey to the said-, and to his heirs and assigns forever, the following described lot of ground in the Freeport Cemetery, situated and being in Stephenson County and State of Illinois, to wit: Lot numbered-in range-in the-quarter of said Cemetery, for a more full description of which reference may be had to the plat of said Cemetery, recorded in the office of the Clerk of the Circuit Court for said Stephenson County. To have and to hold to the said-and to his heirs and assigns, the above described premises for the purpose of a burial ground forever, and for no other purpose. In witness whereof, the Mayor of said city, for and in behalf of said city, has hereunto set his signature, and caused the seal of t he City of Freeport to be affixed, this-day of-, A. D. 186 . [L. S.] Mayor of Freeport. Countersigned: » City Clerk."" Sec. 5. Any person wishing to purchase a lot in the Freeport Cemetery, who shall be unable at the time of application to make payment therefor, shall be permitted to execute and deliver to the City Clerk for the use of the city, a note with security to be approved by the City Clerk, payable three months after date, and shall be entitled to a deed for the lot purchased when paid for, and it shall be the duty of City Clerk to cause to be collected, when due, all notes which may be executed for lots in said Cemetery, and the proceeds thereof to account for to the City Council. Sec. 6. No person shall bury any dead body in any lot in said Cemetery until such lot shall have been paid for, or until the pay¬ ment therefor shall have been secured as hereinbefore provided. Any person who shall bury or attempt to bury in any lot until pay¬ ment shall be made or secured as aforesaid, shall be subject to a fine of not less than five dollars nor exceeding one hundred dollars, and it is hereby made the duty of the Sexton to prevent such burials and to enforce penalties whenever any shall be incurred. Sec. 7. There shall be appointed by the City Council a City Sexton, who shall hold his office for the term of one year and until his successor is appointed, unless sooner removed. He shall have charge of the Cemetery, and keep the grounds, walks and streets in order and free from obstruction. It shall be his duty to enforce the 9 66 ORDINANCES. ordinances concerning the Cemetery, and report violations thereof to the Mayor or City Attorney for prosecution. He shall have power to direct how and where any dead body, not belonging to the owner of any lot, shall be buried, and to prevent the deposit of any body in any lot the property of another, without the owner’s consent. Sec. 8. It shall be the duty of the City Sexton to keep a record of all interments which may be made in the Cemetery, stating the name, age, disease or other cause, and date of death, the place in which the deceased resided, and when practicable, the place of birth. A transcript of said record shall be deposited by the City Sexton in the City Clerk’s office for record at least once a month, and, when required, he shall cause the same to be published. Sec. 9. The City Sexton shall dig or cause to be dug all graves in the Cemetery, attend to the interment of all persons buried therein, and fill up and preserve all graves therein. Every grave for an. adult shall be at least five feet deep, and for a child at least four feet deep. The City Sexton is hereby authorized to demand and receive from the person making application therefor, the sum of two dollars and fifty cents for the interment of each person over fifteen years of age, and the sum of two dollars for the interment of each person under fifteen years of age. Sec. 10. If the City Sexton shall fail, neglect or refuse to dig or fill up any grave when requested so to do, or^hall improperly treat any dead body, or shall otherwise neglect or refuse to perform any of his duties, he shall forfeit and pay to said city a sum not less than ten dollars nor more than one hundred dollars. Sec. 11. If the City Sexton shall bury or attempt to bury any dead body in any unsold lot, or in any lot belonging to another without permission ; or if any person shall resist the City Sexton in the execution of any duty, or refuse or neglect to obey his lawful directions ; or be found discharging firearms, hunting or trespassing in any other manner in the Cemetery; or shall injure, deface or destroy any tree, shrub, stone, stake, post, fence, monument, vault, or other fixture, building, or thing of value or ornament in the Cemetery, or trespass on any grave in the Cemetery, he or they shall severally be subjected to a fine of not less than ten dollars nor exceeding one hundred dollars. Sec. 12. The City Sexton is hereby constituted a police officer and conservator of the peace for said city, and as such shall have full power, in addition to the power already vested in him, to arrest and take before the Police Magistate any person who shall cause any disturbance, or in any manner break or threaten to break the peace, or shall disobey any order or regulation of the City Sexton within or about the Cemetery, or shall violate any ordinance of the city. Sec. 13. Hereafter if any person or persons shall bury or attempt to bury any dead body in the grounds situated in Clark’s CITY CEMETERY AND SEXTON. 67 addition tcP the Town of Freeport, and which were formerly used for the burial of the dead, he or they shall be subjected to a fine of not less than ten dollars nor exceeding one hundred dollars. Sec. 14.* The alleys between ranges number five and six, ten and eleven, twelve and thirteen, fifteen and sixteen, in the north¬ west quarter of the Freeport Cemetery are hereby declared vacated, and the alleys vacated as aforesaid are to be divided in the center thereof, the one-half to be attached to and become part of the lots adjoining on the west side of said alleys, and the other half thereof to be attached to and become part of the lots adjoining said alleys on the east side thereof, and the title of said alleys so divided shall be conveyed and pass with the said lots to which they are hereby attached without any other description than that required in conveying the original lots in said Cemetery. * Section 14 was passed March 4,1865. 68 ORDINANCES. c CHAPTER VI. CITY OFFICERS. An Ordinance concerning city officers and prescribing their duties. ARTICLE I. GENERAL PROVISIONS. *• II. CITY ATTORNEY. “ III. CITY CLERK. “ IV. CITY SURVEYOR. “ V. CITY TREASURER. “ VI. STREET COMMISSIONER. ARTICLE I. GENERAL PROVISIONS. Section Section 1. Oath of office; bonds how condi- 3. Compensation of officers. tioned. 4. Majority of City Council present, suf- 2. Officers how removed; to be heard on ficient to elect. charges preferred. 5. Penalty for neglecting duty. Section 1. Be it Ordained by the City Council of the City of Freeport, That the City Attorney, City Clerk, City Surveyor, City Treasurer and Street Commissioner, before entering upon the duties of their respective offices, shall each take and subscribe the oath of office, prescribed by the Constitution of this State,* and for the faith¬ ful performance of their duties, and shall likewise give bonds to the city, with sureties to be approved by the City Council, in the penal sums hereinafter named, conditioned that they will faithfully per¬ form the duties of their respective offices, and that they will, when required by the City Council, pay over all moneys and deliver up ail property in their custody belonging to the city. Said oath and bond shall be filed with the City Clerk. The penalties in the bonds required in this section of the several officers, shall be as follows: City Attorney, five hundred dollars ; City Clerk, one thousand dol¬ lars ; City Surveyor, five hundred dollars; City Treasurer, ten thousand dollars; Street Commissioner, five hundred dollars. * See Constitution, Art. III., Sec. 30 ; Ibid. Art. XIII , Sec. 26. CITY OFFICERS. 6!) Sec. 2. Any officer appointed by the City Council may be removed by a majority of said Council for incompetency, or any dereliction or violation of duty, whenever the said Council shall think the interests of said city require such removal: Provided , that no officer shall be removed as aforesaid, until he shall have notice of such intended removal and of the charge or charges pre¬ ferred against him, served on him by the City Clerk, and an oppor¬ tunity to exculpate himself before the City Council. Sec. 3. Each officer hereinbefore mentioned shall receive such salary or other compensation for his services as the City Council may from time to time determine, unless otherwise provided. Sec. 4. In the election or appointment of any city officer by the City Council, the person who shall receive the highest number of votes for any office shall be declared elected. Sec. 5. Every officer elected or appointed by the City Council, who shall fail or neglect to perform any duty assigned him by any ordinance of the city, where not otherwise specially provided, shall for each and every such offense, forfeit and pay to said city not less than ten dollars nor more than one hundred dollars, or shall be removed from office by the City Council, and sued for the recovery of the penalty upon his bond. ARTICLE II. CITY ATTORNEY.* Section Section 1. Duty of City Attorney to institute, 3. Authorized to take appeals and ex- prosecute and defend suits; to pay ecute appeal bonds. money into treasury, etc. 4. Privileges of Attorney in City Coun- 2. To draft ordinances, bonds, etc.; to cil. act as legal adviser of the city. 5. Salary and fees of City Attorney ; proportion of judgments and fines. Section 1. It shall be the duty of the City Attorney to prose¬ cute all suits for the recovery of fines and penalties which may be brought in any court, and also to institute and defend all suits which may be brought in any court, by or against the city or any of its officers, on account of any of their official acts. He shall cause executions to be issued on judgments which may be recovered, and attend to their prompt collection. All money which may be received by him on account of the city, shall be paid into the city treasury. * Original Ordinance passed April 28,1855, and amended by revision of 1857 70 ORDINANCES. Sec. 2. The City Attorney shall draft all ordinances, bonds, contracts, leases, conveyances, and all other instruments of writing which may be required of him by ordinance or order of the City Council. It shall be his duty to act as the legal adviser of the city, in all matters pertaining to contracts with or by the city, or any question of legality arising out of any law, ordinance, the City Charter, or otherwise. Whenever his written opinion may be required in reference to any subject submitted to him, it shall be his duty to furnish it. Sec. 3. The City Attorney is hereby authorized and empowered to take appeals, in all cases where, in his opinion, the interests of the city require it, and to prosecute and defend the same in the appellate court—and for the purpose of carrying into effect the provisions of this section he is hereby authorized to make the neces¬ sary affidavits, and to make and execute in the name of the City of Freeport, the necessary appeal or other bonds, signing the same as City Attorney. Sec. 4. Upon all questions, resolutions or motions before the City Council, amending, repealing, or in any manner affecting any ordinance or enacting any ordinance, the City Attorney shall be entitled to all the privileges of an Alderman, except the privilege of voting. Sec. 5. The compensation of the City Attorney shall be allowed from time to time by the City Council on an account to be presented by him. The account shall state briefly the nature of the services rendered. The compensation shall be as follows—subject to be increased or diminished by the City Council in their discretion: Fir sit. An annual salary! of-dollars. Second. Reasonable fees in suits appealed to, or instituted in courts of record. Third. And one-half of all judgments of five dollars and under, and three dollars on all judgments over five dollars which may be recovered in any case. t Salary affixed from time to time, by order of the City Council. 1 CITY OFFICERS. 71 ARTICLE III. CITY CLERK. Section Section 1. City Clerk to be the keeper of the city 2. City Clerk to attend meetings of seal, to have custody of records, Council, to countersign warrants, to documents, etc. make out a statement of the fiscal affair* of the city. 3. Pe s of City Clerk. Section 1. The City Clerk shall be the keeper of the city seal, and shall affix it to all instruments and papers which by law or ordinance are required to be attested by the city seal; lie shall have the custody of and safely keep all public records, documents, ordi¬ nances, resolutions and orders of the City Council, and such other papers and documents as may be delivered into his custody. Sec. 2. It shall be the duty of the City Clerk to attend all meet¬ ings of the City Council, keep the minutes of all their proceedings and record the same in books to be provided by the City Council, and to be kept in his office. He shall keep a correct account between the city and the City Treasurer by charging him with all sums received by him as exhibited to the City Clerk in his duplicate receipts, and crediting him with all money paid out by him by order of the City Council, and he shall allow the City Treasurer such other credits as he may be entitled to by law and the ordinances of the city. He shall countersign all warrants drawn on the Treasury and deliver the same when called for, taking a receipt therefor, and generally he shall do and perform such other duties as may from time to time be enjoined upon him by ordinance or resolution of the City Council. It shall be the duty of the City Clerk at the close of each fiscal year, to make out and lay before the Council a full and explicit statement of the receipts and expenditures, and of all the fiscal affairs of the city during such year, and cause the same to be published in the corporation newspaper; such fiscal year shall commence on the first day of April in each year, and shall end on the last day of the next succeeding March. Sec. 3. The City Clerk shall be entitled to demand and receive as fees or perquisites of his office (except where required for the exclusive use of the city)— For issuing each license, one dollar. For each deed for real estate issued by the city, except for Cemetery lots, one dollar. For the use of the city seal on any attestation, acknowledgment or other certificate, fifty cents. Administering oath and attesting the same, twenty-five cents. For canceling each tax or other certificate of sale, twenty-five cents. 72 ORDINANCES. ARTICLE IV. CITY SURVEYOR.* Section Section 1. City Surveyor to examine public irn- 3. Tomarkthe grade of any lot when provements to make surveys, plats requested ; fees for the same, and estimates for public improve 4. To survey new streets, etc., and per- ments; general duties. form such other duties as required 2 . To survey lots when requested and by the City Council. give the grade thereof; fees for sub¬ dividing lots; penalty for false state¬ ment. Section 1. It shall be the duty of the City Surveyor, from time to time, to examine all public improvements in course of construc¬ tion. He shall also make the necessary surveys, plats, drawings and estimates of all public improvements and buildings ordered by the City Council, and make all necessary surveys of streets, alleys, avenues, public squares, and all other surveys required in the city, and also, when required by the City Council, to mark the line of any lot, or any public or private property, or the grade of any street, alley or avenue, and mark the same in some substantial and perma¬ nent manner; make correct levelings of the streets, alleys or avenues, the grade whereof is not yet established, and report plans and esti¬ mates for the grading thereof; and levelings, plans and estimates of any street, alley or avenue, the grading whereof shall be changed or altered, making such land-marks, either for surveying or leveling, by planting stones or otherwise, as he shall deem necessary or useful; mark out all streets, alleys or avenues authorized by ordinance to be opened ; construct and keep in his office a connected map of the city, showing thereon the several additions thereto, the streets, alleys, avenues, public squares, public buildings and city property, bridges, and generally all such conspicuous and permanent topographical objects as he shall deem necessary, and from time to time correct and alter the same, as circumstances may require. Whenever required by the City Council he shall report his proceedings to said Council, and shall at the expiration of his office deliver to his successor all maps, plats and other property belonging to the city. Sec. 2. The City Surveyor, when requested to survey, subdivide, or give the grade of any lot or piece of ground within the city, shall survey the same, and mark the metes and bounds and grade thereof, and give the person applying therefor a certificate, specifying the metes and bounds and grade, (when established,) and shall be entitled to receive as compensation for the same the following fees, to be paid by the party applying therefor: For surveying any lot, * Original Ordinance passed April 20,1856, and amended by revision of 1857. CITY OFFICERS 73 or surveying and subdividing any lot, not more than once, or giving the grade of the street in front thereof, the sum of two dollars; and if subdivided more than once, and not more than four times, three dollars; if subdivided more than four times, and not more than seven, five dollars; and for all subdivisions over seven in num¬ ber, he shall receive at the rate of one dollar for each subdivision. If he shall give a false or incorrect certificate of any survey or of any grade, he shall forfeit and pay to said city not less than five nor more than one hundred dollars. Sec. 3. Every person intending to build upon any lot, may apply to the City Surveyor for the grade in front thereof, and the City Surveyor shall ascertain and mark the same, and give a certifi¬ cate thereof, for which he shall receive a compensation of two dollars, to be paid by the party applying therefor. Sec. 4. Whenever any new street, alley or avenue is established, or any alteration made in existing streets, alleys or avenues, the City Surveyor shall survey the same, running the center line thereof, and noting the width of the street on each side of the line and the inter¬ section of certain streets therewith. The City Surveyor shall like¬ wise do and perform such other duties as may from time to time be enjoined upon him by ordinance or resolution of the City Council. ARTICLE V. CITY TREASURER. Section Section 1. City Treasurer to take charge and drawn; account of different funds to keep account of city funds ; to give be kept separate. duplicate receipts 3. City Treasurer to make report at close 2. To keep separate account of Ceme- of each year. tery fund; city warrants how to be 4. Compensation. Section 1. It shall be the duty of the City Treasurer, from time to time, to take under his charge and keep a true and correct account of all money belonging to the City of Freeport, stating from whom and on what account received, and he shall give two receipts therefor, to the person from whom he may receive the same, one of which receipts the person to whom the Treasurer may give them shall deliver to the City Clerk, in order that the Treasurer may be charged by the City Clerk with the amount thereof; and in no case shall any officer of the city, or any other person, be released from his responsibility to the city for any money he may at any 10 74 ORDINANCES. time have in his possession belonging to the city, until he shall deliver to the City Clerk the Treasurer’s receipt therefor. Sec. 2. The City Treasurer shall keep a separate and distinct account of the receipts and expenditures connected with the Free¬ port Cemetery, and in making reports to the City Council he shall make a separate and specific report of the same. He shall pay from the Treasury such sums of money as may be ordered by the City Council, and the warrants therefor shall be signed by the Mayor or presiding officer of the City Council, and countersigned by the City Clerk, and shall state for what purpose the money is appropriated. He shali keep the account of each fund separate and distinct from any other, charging said fund with all payments, and crediting it with all moneys received on account thereof; and upon all warrants payable out of any particular fund, there shall be legibly written the name of the fund out of which they are payable. Sec. 3. The City Treasurer shall at the close of each fiscal year, and offcener, if required, make out and deliver to the City Clerk a full and complete report of his doings during the preceeding year, stating the amount of money received, and from whom and for what purpose received, and exhibiting all credits allowed by law and the ordinances of the city, and he shall do and perform such other duties as may be required of him by ordinance, resolution or order of the City Council. Sec. 4. The compensation of the City Treasurer shall be one per cent, on all money received by him as such Treasurer. CITY OFFICERS. 75 ARTICLE VI. STREET COMMISSIONER.* Section Section 1. Street Commissioner to superintend 5. Street Commissioner to issue receipt improvements in streets, etc. to persons who labor or pay money 2. To make out a list of all persons lia- in lieu of labor. ble to labor on streets; copy of the 6. Street Commissioner to deliver list of same to be kept at City Clerk’s office. delinquents to the City Attorney; 3. What persons required to labor on Attorney to prosecute the same, streets; money may be paid in lieu 7. Street commissioner to report to City of labor; delinquents to be prose- Council, etc. cuted. 8. May employ assistance; receipts to 4. Street Commissioner to demand ser- be taken for money paid out. vices of persons required to labor by 9. Compensation of Street Cominis- serving notice, etc.; form of notice. sioner. Section 1. It shall be the duty of the Street Commissioner to superintend all improvements in the streets and alleys of the city, and to carry into effect all orders of the City Council in relation thereto. Sec. 2. It shall also be the duty of the Street Commissioner to make out a list of all the persons who are liable, under the City Charter or under the ordinances of this city, to perform labor on the streets and alleys of this city, during the time for which he is appointed, which list shall be made in a well bound and durable book, and when any person shall perform such labor, the Street Commissioner shall enter on said list, opposite the proper name, the words “ paid by labor,” and whenever any person shall pay the amount of money required by ordinance to be paid in lieu of labor, the Street Com¬ missioner shall enter on said list, in the proper place, “ paid in money.” A copy of said book shall be kept at the City Clerk’s office, and names added therein, from time to time, as the same are added in the book to be kept by the Street Commissioner. Sec. 3. Every male inhabitant of this city, over the age of twenty-one years, and under theage of sixty years, is hereby required to labor two days in each year upon the streets and alleys of said city, at such time and place and in such manner as the Street Com¬ missioner shall direct: but every such person may, at his option, pay at the rate of one dollar for every day he shall be so bound to labor : Provided , such payment shall be made on or before the first of the two days upon which he may be notified by the Street Com¬ missioner to labor, and in default of payment as aforesaid, each per¬ son so making default shall forfeit and pay to the city the sum of * Ordinances passed May 5, 1855, April 19,1856, April 13, 1857, and amended by revisions of 1857 and 1868. t 76 ORDINANCES. two dollars, to be collected, together with the costs of suit, by an action of debt before the Police Magistrate of said city, and there shall be assessed, as part of the costs, in every such case, the sum of three dollars, as Attorney’s fees. Sec. 4. It shall be the duty of the Street Commissioner to demand the services of all persons who are required to labor upon the streets and alleys of said city, at such time and place, and in such manner as he may deem necessary, or as shall be prescribed by the City Council. The Street Commissioner is hereby required to deliver to, or cause to be delivered to, or left at the place of resi¬ dence or ordinary place of business of every person so required to labor upon the streets and alleys as aforesaid, a written or printed notice, at least three days previous to the first day he shall be required to labor, which notice may be in the following form : “ City of Freeport, -- , 186 . “Mr,-, Sir : You are hereby notified and required to appear at-, at 7 o’clock A. M., on-- with —, for the purpose of laboring upon the streets and alleys of said city as you shall then and there be directed by me. In case you shall fail so to appear and labor, you are hereby required on or before the first day above mentioned to call upon the Street Commissioner and pay to him the sum of two dollars in cash otherwise you will become liable to be sued for said sum, without further notice. H. D. Rodearmel, Street Commissioner Sec. 5. The Street Commissioner shall issue his receipt to all persons who shall faithfully labor upon the streets and alleys, under his direction, for two days; he shall also give his receipt to all per¬ sons from whom he shall receive commutation money in lieu of labor. Sec. 6. It shall be the duty of the Street Commissioner' at the beginning of each month, to deliver to the City Attorney a list of the names of all those persons who have been duly notified to labor upon the streets and alleys of said city, and who have neglected to perform said labor, and have failed to pay the commutation money, in lieu of labor, as hereinbefore provided, and it is hereby made the duty of the City Attorney, unless otherwise directed by the City Council, forthwith to institute suits against all the persons named in said list. Sec. 7. It shall be the duty of the Street Commissioner, at each regular meeting of the City Council, to report to the City Council the amount of money received in lieu of labor, since the last regular meeting of the City Council, or since his last report; the amount of money paid out for labor upon the streets and alleys; the number of days’ labor performed; the place where performed, and the amount of money in his hands. Sec. 8. The Street Commissioner is hereby authorized to employ such assistance as he may deem necessary in performing the duties of his office: Provided, that he shall expend no more money CORPORATION PAPER. 77 for such assistance than the amount collected by him as above pro¬ vided, unless by special direction of the City Council, and provided that he shall pay out no money without taking receipts, showing for what the same is paid out; which receipts shall be exhibited from time to time to the City Council as vouchers. Sec. 9. The Street Commissioner shall receive as compensation for his services, the sum of three dollars for each day actually em¬ ployed between the first day of April and the first day of December of each year, in performing the duties of his office, and two dollars for each day so employed during the remainder of the year, to be allowed on an account to be presented by him to the City Council. CHAPTER VII. CORPORATION PAPER. An Ordinance concerning the corporation newspaper. Section Section. 1. City Council to designate a corpora- 2. Compensation of publishers of cor- tion newspaper; all ordinances and poration newspaper, proceedings to be published therein. Section 1. Be it Ordained by the City Council of the City of Freeport, That the City Council, at the first meeting of said Council after the organization thereof, in each year, or as soon thereafter as practicable, shall designate one public newspaper printed in said city, in which shall be published all ordinances, and other proceed¬ ings and matters required in any case by the City Charter and amendments thereto, or by the ordinances of the City Council to be published in a public newspaper, and said newspaper shall continue to be the corporation newspaper until another newspaper shall be designated as the corporation newspaper. Sec. 2. The publisher of the corporation newspaper shall receive a reasonable compensation for his Services, to be allowed, from time to time on an account to be presented by him to the City Council. 78 ORDINANCES. CHAPTER VIII. DOGS. An Ordinance concerning Dogs, ARTICLE I. OF THE REGISTERING OF DOGS. “ II. OF THE MUZZLING OF DOGS. ARTICLE I. OF THE REGISTERING OF DOGS.* Section Section 1. Registering and tax. 5. Tax, when payable. 2. Duty of City Clerk. 8. Ordinance not to apply iD certain 3. Penalty for violation. cases. 4. Duty of Marshal and Police officers. 7. Penalty for interfering with officers enforcing this ordinance. Section 1 . Be it Ordained by the City Council of the City of Freeport , That any person or persons owning or keeping within this city any dog or bitch, shall pay to the city for each dog an annual tax of one dollar, and for each bitch an annual tax of five dollars, and shall procure and put around the neck of each dog or bitch, a metal collar having a metal plate affixed thereto, on which the name of such owner or keeper shall be inscribed with plain letters, and shall cause such dog or bitch to be registered in the office of the City Clerk. Sec. 2. The City Clerk shall procure and keep a suitable book to be called the “Dog Register,” in which the owner or keeper of every dog or bitch owned or kept in this city, shall cause the same to be registered, and also a suitable stamp, die or type, to stamp the figures of the year of the Registry upon the collar of each and every dog or bitch so registered as aforesaid, and the City Clerk shall be entitled to receive from the person having the said dog or bitch so registered a fee of twenty cents, but the City Clerk shall make no such registry until the person applying for the same shall have complied with the provisions of the first section of this article. * Original Ordinance passed May 11,1860, and amended by revision. DOGS, 79 Sec. 3. Whoever shall own or keep in or about his or her place of abode in this city any dog or bitch not registered and collared as aforesaid, shall forfeit and pay to the city not less than one dollar nor more than ten dollars to be recovered as other fines and forfeitures. Sec. 4. The City Marshal when directed by the Mayor, after giving ten days notice by posting up handbills in the most conspic¬ uous places, in the city, shall by himself or the Police officers of the city, kill all dogs or bitches, found in the city and belonging to or kept by any inhabitant or inhabitants thereof not registered and collared as aforesaid, and upon affidavit of the City Marshal or such Police officer of the number so killed, he or they shall be entitled to receive one dollar for each one so killed, provided he or they cause the same to be, removed and buried beyond the limits of the city. Sec. 5. The tax specified in section one of this article, shall be paid to the City Clerk and shall be due and payable on the first day of June of each and every year, and shall include all the dogs and bitches of every person moving into said city between the first days of June and December of each year and in no case shall the amount of tax to be paid be less than that prescribed by the first section of this article. Sec. 6. No Section of this article shall be construed as applying to any dog or bitch owned by any person coming to or passing through this city—and not residing in the same—nor to any dog or bitch until it arrives at the age of three months. Sec. 7. Any person who shall molest, interrupt, interfere with, hinder or prevent the City Marshal or any Police officer in the dis¬ charge of his duty as prescribed in this article shall upon conviction be fined not less than five dollars nor more than one hundred dollars for each offense. 80 ordinances. ARTICLE II. OF MUZZLING DOGS.* Sbction Section 1. City Council empowered to order the 2. Penalty for permitting dogs to run at muzzling of dogs. large unmuzzled after proclamation by tbe Mayor. 3. Sluts not to run at large while in heat. Section 1. Whenever the City Council shall be of the opinion that danger of hydrophobia exists in this city, they may make an order that the Mayor of said city issue his proclamation requiring all persons owning or keeping dogs within said city to confine or muzzle the same for such length of time as said Council may by said order designate, and thereupon it shall be the duty of said Mayor immedi¬ ately to issue such proclamation, printed in both the English and German languages, and cause the same to be conspicuously posted in public places, stating the length of time that all dogs are required to be so confined or muzzled, and also the penalty prescribed in section two of this article. Sec. 2. If any person residing in said city shall permit or suffer any dog, bitch or whelp, over three months of age, owned, kept or harbored by him or her, to run or be at large, or to be found at large within said city during the time so designated in such proclamation, such person shall unless such dog, bitch or whelp, be securely muz¬ zled, with a wire or metallic muzzle, be subject to a fine of not less than three dollars nor more than twenty-five dollars for the first offense, and not less than five dollars nor more than fifty dollars for each subsequent offense. Sec. 8 . If any person shall permit any bitch or slut, owned or kept by such person to run or be at large in said city while in heat, such person shall be subject to a fine of not less than five dollars nor more than twenty dollars for each offense. * Original Ordinance passed May 12, 1855, amended January 14,1856, Septem¬ ber 30,1857, July 24, 1867, and amended by revision. ELECTIONS. 81 CHAPTER IX. ELECTIONS. Au Ordinance regulating the mode of holding elections.* Section- Section 1. Elections to be held annually; special 11. In case of adjournment ballot box to elections, how called and held, no- be closed; how to be kept. tices to be given. 12. Counting of ballots; double ballots 2. City Council to appoint jrdges of to be destroyed. election. 13. Canvass of ballots; ballot not to be 3. Vacancies in judges of election, how rejected when. filled; judges to appoint clerk. 14. Clerk to make returns; form of re- 4. Judges and clerk to take oath; form turn. of oath ; how administered. 15. Disposition of returns, how marked ; o. Polls, when opened and closed; ad- penalty. journment. 16. Meeting of City Council; result to be 6. Ballot box to be examined and locked. declared. 7. City Clerk to provide poll books; 17. Judges to preserve order; disorderly form of poll books. persons how punished. 8. Voting to be by ballot; judges not to 18. Contesting elections; proceedings in. examine ballots, etc. 19. Equal number of votes, election how 9 Qualifications of voters: right of determined challenge; form of oath upon chal- 20. Destroying ballot box or poll book, lenge. penalty for. 10. Penalty for illegal voting; judges not 21. Compensation of judges and clerks of to refuse legal vote; penalty. . election. Section 1. Be it Ordained by the City Council of the City of Freeport , That an election for city officers shall be held annually in each ward on the first Monday of April a‘t such place as shall be designated by the City Council. Special elections shall be called by the Mayor, and shall be held and conducted in the same way as general elections. The City Clerk shall give at least ten days’ pre¬ vious public notice of the time and place of holding all elections by publishing the same in the corporation newspaper. Sec. 2. The City Council shall annually, at least five days’ pre¬ vious to the election, appoint in each ward three Electors thereof to act as Judges of election, who shall hold their office for one year and until their successors are appointed. Sec. 3. If any Judge of election shall refuse to act or fail to be present at the polls at the time fixed for the opening thereof, the vacancy shall be filled by any qualified voter of the ward, to be selected by the qualified voters of the ward present. The Judges of election shall have power to appoint an Elector of the ward to act as Clerk of election. t Original Ordinance passed March 5,1856, and amended by revisions of 1857 and 1868. 11 ORDINANCES. K2 Sec. 4. The Judges and Clerks of election shall severally, before receiving any votes, at each election, take and subscribe an oath or affirmation, which shall be attached to the returns, and may be in the following form : “I {or “we”) do solemnly swear (or “affirm,” as the case may be,) that I will perform the duties of Judge of election, (or “Clerk,” as the case may be,) according to law and the best of my ability; and that I will studiously endeavor to prevent fraud, deceit and abuse, in conducting the election. A. B. Sworn to and subscribed before me this-day of-. 186 . City Clerk." If no person shall be present at the opening of the polls, author¬ ized to administer oaths, it shall be lawful for the Judges of election, or either of them, to administer the same to each other and to the Clerks, of election, and the oaths when thus administered, may be in the form hereinbefore given, and shall be certified by the Judge or Judges of election administering the same, and prefixed to the poll books. Sec. 5. At all elections the polls shall be opened at eight o’clock A. M., and continue open until four o’clock P. M. of the same day. But the Judges of election may adjourn one hour for dinner, and if they deem it necessary may postpone the closing of the polls from hour to hour until six o’clock P. M. When opened, proclamation shall be made that “ the polls are now open and thirty minutes before closing the same, proclamation shall be made that “ the polls will be closed in half an hour ” Sec. 6. A ballot box shall be provided for the use of the Judges of election of each ward, with a lock and key, and in the top or lid an aperture not larger than shall be necessary to receive a single folded ballot. On thd opening of the polls, the ballot boxes shall be examined, closed, and locked in the presence of all the Judges of election. Sec. 7. The City Clerk shall provide a poll book for each ward, with columns ruled for the name and numerical designation of each Elector; which poll book may be in the following form: POLL BOOK Of an election held in the-ward of the City of Freeport, at the-in said ward on the first Monday of April in the year 186 , as follows. No. Names of voters. No. Names of voters. 1 A. B. 26 R. S. 2 C. D. 27 T. U. 3 E. F. 28 V. W. The poll book shall be kept by the Clerk of election, and the names of voters shall be written and numbered in the order in ELECTIONS 88 which they vote. No returns shall be rejected for any defect in the manner of administering or entering the oath aforesaid in the returns. Sec. 8. The mode of voting shall be by ballot. The ballot shall be placed by the Judges of election (if received) in the ballot box, and shall consist of one slip of paper, on which shall be printed or written, or partly both, the names of the person or persons voted for with a pertinent designation of the office to which the person voted for is intended to be chosen; but no ballot shall contain a greater number of names than there are persons to be chosen for offices to be filled; and any ballot containing a greater number of names of per¬ sons designated for any office than there are persons to be chosen or can be elected to that office, shall be declared void so far as that office is concerned, it shall be unlawful for the Judges of election to open, mark or examine any ballot offered until after the election shall be over and the polls closed : Provided, That any voter may vote an open ballot if he so prefers. Sec. 9. Every white male citizen above the age of twenty-one years, and every male inhabitant of the age aforesaid, who was a resident of this State on the first day of April in the year of our Lord one thousand eight hundred and forty-eight, who has resided in this State one year, and in this city ninety days next preceding the election, shall be entitled to vote in the ward in which he has resided for thirty days next preceding such election. Persons shall be deemed residents of the ward in which they are accustomed to lodge. Any qualified voter of the ward shall have the right to challenge in common with the Judges of election ; and whenever any person shall be challenged, the judges of election shall admin¬ ister to him the following oath, or affirmation, to wit. “ You do solmnly swear (or “affirm,” as the case may be,) that you are above the age of twenty-one years: that you are a citizen of the United States, (or “were a resident of this State on the first day of April, 1848,”) and have been a resident of this State one year and of this city ninety days next preceding this election, and that you have been a resident of this ward for thirty days last past, and have not voted at this election. Sec. 10. If any person, when challenged, shall refuse to take the oath or affirmation aforesaid, his vote shall be rejected ; if he shall take said oath or affirmation, his vote shall be received, unless it shall be proven to the satisfaction of a majority of the Judges of election that said oath or affirmation is false. If any person shall vote at any election, held pursuant to the provisions of this ordi¬ nance, who is not qualified, or being qualified shall vote a second time, he shall be subject to a penalty of one hundred dollars; and every Judge of election who shall refuse to receive the vote of any qualified voter who shall take or offer to take the oath or affirmation aforesaid, unless there shall be evidence that such vote is illegal, shall be subject to a like penalty. 84 ORDINANCES Sec. li. If it shall become necessary or proper to suspend the polls before the election is over, or after the election to adjourn the canvassing of the ballots, in either case, the ballot box shall be opened in the presence of all the Judges of election, and the poll books placed therein ; the box shall then be locked again and sealed over the opening in the lid so as to cover the same, and the box delivered to one of the Judges of election and the key to another, and so kept until the re-opening of the polls. Sec. 12. When the polls shall be finally closed, the Judges and Clerk of election shall count the ballots, unopened, except so far as to determine whether a ballot be single or not; and if any ballots shall be found to appear single, and yet be so folded as to contain more than one, they shall be destroyed. And if the number of ballots received shall exceed the number of votes polled, the Judges of election shall place the whole number of ballots again in the box, and, after having shaken them together, take from the box the number so found in the excess, and destroy them. Sec. 13. The Judges and Clerk of election shall then canvass the ballots. No ballot shall be rejected for want of form if the Judges of election can determine therefrom, to their satisfaction, the person intended to be voted for, and the office which the voter intended such person should fill. If two ballots shall be found deceitfully folded together, they shall both be rejected. Sec. 14. The Clerk of election shall make out returns of the election, by writing at full length, the name of every person voted for, the office for which he shall be designated, and the number of votes received by him. Returns may be made in the following form: “ At an election held at-, in the-ward of the City of Freeport, in the State of Illinois, iu the year eighteen hundred and - the following named persons received the number of votes annexed to their respective names, for the following described offices, to wit: A. B. had fifteen votes for Mavor C. D. had twelve votes for Mayor. (And so onthrough the whole list of officer's voted for at the election.) Certified by us, Freeport April-, 186 . A. B.A C. D., > Judges of Election. E.F. j Attest, G. H., Clerk of Election Sec. 15. The Judges of election shall cause the returns to be enclosed in a packet, placing the poll book therein, which packet shall be sealed, and marked “election returns,” and directed to the “City Clerk of the City of Freeport,” and delivered to said City Clerk without delay by one of the Judges of election to be selected by a majority of the Judges of election. If any Judge of election who shall be deputed to deliver any returns to the City Clerk as ELECTIONS. 8f> aforesaid, shall fail or neglect to deliver the same safely within one day after the election, with the seal unbroken, he shall be subject to a fine of one hundred dollars. Sec. 16. As soon as all the returns shall be delivered to the City Clerk he shall notify the Mayor, or any two Aldermen, thereof, who shall forthwith call a meeting of the City Council. The City Clerk, under the inspection of the City Council, shall open the several poll lists and returns, and canvass the same; and when through, the City Council shall declare the result, and cause the same to be entered upon the journal of their proceedings. The City Clerk shall notify the persons found to be elected of their election. Sec. 17. The Judges of election shall have power to preserve order at the polls and to command the City Marshal or any police officer, and it is hereby made the duty of such officers to arrest and take before the Police Magistrate any person who shall by violent or turbulent conduct, or in any other manner, interfere with, hinder, obstruct, disturb or delay the Judges or Clerks of election in the discharge of their duties, or any voter in exercising the privileges of voting; and for any such offense, the offender shall forfeit and pay to the city a sum not less than ten dollars nor more than one hundred dollars. Sec. 18. Any candidate who shall desire to contest the validity of any election, or the right of any person declared duly elected to any office in this city, to hold the said office, shall give notice of his intention in writing to the person whose election he intends to con¬ test, by leaving a notice thereof at his usual place of residence within ten days after the day of election; and it shall also be the duty of the contesting party, within the time aforesaid, to deliver to the City Clerk a petition, addressed to the City Council and setting forth his intention to contest the said election, together with the points upon which the same will be contested; and thereupon the City Council shall at their next meeting, appoint a committee to consist of one from each ward, to examine into the case, and report thereon to the City Council; said committee shall proceed to discharge the duty assigned to them, by hearing testimony, and otherwise, having first given to both parties five days’ notice of the time and place of the examination; after a full examination said committee shall report the result of their inquiry to the City Council, with a brief statement of the testimony in the case, and the reasons of their decision ; and thereupon the contest shall be finally determined by a vote of the City Council: Provided, That the City Council, before such final determination, may, in their discretion, re-examine the testimony in the case, and take further evidence, by giving a like notice to the parties as hereinbefore provided. The determination of the City Council shall be entered upon the journal of their pro¬ ceedings. Nothing herein contained shall be deemed to impair the 86 ORD3 NANCES. right of contesting any election in the manner provided by the laws of this State. Sec. 19. Whenever it shall happen that there is an equal num¬ ber of votes given for two or more persons, for Mayor or Alderman or any other office in this city, made elective by the people, it shall be the duty of the City Council, at the meeting of said Council at which the votes are canvassed, to determine by lot. from among the candidates having such equal number of votes, the person who shall hold said office. Sec. 20. Whoever shall, at any election, seize, or attempt to seize, a ballot box or poll book, with the intention of carrying the same off by force, or shall mutilate or erase any name or figure or word in a poll book kept at any election, or take away such poll book from the place where the same has been deposited for safe keeping, with the intention of destroying the same, shall be subject to a fine not exceeding five hundred dollars. Sec. 21. Judges and Clerks of election shall receive the sum of one dollar a day, each, for their services. FIRE DEPARTMENT. / 87 CHAPTER X. FIRE DEPARTMENT. An Ordinance concerning the Fire Department. ARTICLE I. OF THE ORGANIZATION, ETC., OF THE FIRE DEPARTMENT. “ II. OF FIRE LIMITS, AND THE ERECTION OF BUILDINGS. ETC. III. PRECAUTIONARY REGULATIONS. ARTICLE I. OF THE ORGANIZATION, ETC., OF THE FIRE DEPARTMENT.* R button Section l. Fire Department, how constituted. 7. Chief Fire Marshal may grant per- 3. Chief Fire Marshal, his powers and mission to leave the city; penalty duties: Assistant Fire Marshals to for leaving without permission, act in absence of Chief Fire Marshal. 8. Firemen neglecting to attend a fire • ’..Assistant Eire Marshals, how dis- without excuse to pay a penalty. tinguished. 9. Buildings to be thrown down in cer- i Firemen, how divided; fire compan- tain cases; when to be blown up. ies may adopt regulations for their 10. All persons present at a fire to be government, etc. subject to orders of officers. >. Fire companies must be present at 11. By-standers to assist in drawing en¬ tires; not to leave without permis- gine, when. sion. 12. Police officers, duty of in case of fire. 6. Fire companies may sue and collect 13. City Clerk to keep a register of fire- fines. men. etc. Section 1. Re it Ordained by the City Council of the City of Freeport , That the Fire Department of the City of Freeport shall consist of a Chief Fire Marshal, two Assistant Fire Marshals, and one Fire Warden to each ward, and such Engineers, hose men, hook and-ladder and bucket men, as may, from time .to time, be appointed by the City Council. Sec. 2. The Chief Fire Marshal, and in his absence, the Assist¬ ant Fire Marshals, shall, in all cases of fire, have the sole and absolute control over all the members of the Fire Department; and * Iriginal Ordinance passed August 6, 1856, and amended by revisions of 1857 and 1868. 88 ORDINANCES. it shall be the duty of the Chief Fire Marshal to report from time to time to the City Council, the condition of the engine, hose, hooks and ladders, buckets and other fire apparatus, and the buildings in which they are kept, and also to recommend such additions, altera¬ tions and improvements to the same, as he may deem expedient; and he shall also, from time to time, report to the City Council for confirmation the names of such persons as shall have been elected to the different companies. Sec. 3. The Assistant Fire Marshals shall be distinguished as numbers one and two, and it shall be their duty to assist the Chief Fire Marshal and to obey his orders, and in the absence of the Chief Fire Marshal to take command according to their rank, and to exercise a general supervision, under the direction of the Chief Fire Marshal, over the engines and other fire apparatus, and the buildings in which they are kept. Sec. 4. The firemen shall be divided into companies of engine men, hook-and-ladder men, and hose men, each company to con¬ sist of as many members as the City Council shall from time to time direct; and it shall be their duty to attend to the engines and other fire apparatus committed to their charge, and the buildings wherein the same are kept. Each of the said companies respectively may adopt such an organization, and from time to time such constitution, by-laws and regulations for their government, subordinate to the ordinances of the city, as they may deem best calculated to accom¬ plish the object hereby contemplated—a copy of which constitution and by-laws shall be filed with the City Clerk for approval or rejection by the City Council; and each of said companies shall, on the first Monday of September in each year, choose from among their own number a Foreman, Assistant Foreman and Clerk, and such other officers as they may require in accordance with their respective constitutions, and in the manner provided therein. Sec. 5. The different fire companies, under the control and direction of their proper officers, shall, upon an alarm of fire, repair to the place of the fire, with the engines and other fire apparatus under their care, and there work and manage the same, under the direction of the Chief Fire Marshal and his Assistants, and in case of their absence, place and work the engines and other fire apparatus in the most effectual manner until the fire shall be extinguished, and shall not remove therefrom but by permission of a Fire Mar¬ shal, if any. shall be present, and on such permission, they shall return their engines and fire apparatus, well washed and cleansed, to their respective places of deposit. Sec. G. Whenever any member of any company of the Fire Department shall be justly indebted to said company in pursuance of the constitution, by-laws or regulations of the same, the said constitution, by-laws or regulations having first been submitted to, FIRE DEPARTMENT 89 and approved by the City Council, it shall be lawful for said com¬ pany to sue for and recover from such member, on his refusal or neglect to pay, whatever sum may be so due, by action of debt, in the name of the city, for the use of said company, before the Police Magistrate of this city. Sec. 7. The acting Chief Fire Marshal shall have the power in his discretion, to grant permission to any fire company to go with their respective engines, and other fire apparatus, beyond the limits of the city, to be absent such length of time as he may direct. Any officer in command of any company, who shall suffer or permit the engine or other apparatus in charge of said company, to be taken beyond the limits of the city, without such permission, shall forfeit and pay a penalty of not less than five, nor more than twenty-five dollars, for each and every such offense, besides being personally liable for all damage. Sec. 8. If any fireman shall neglect to attend at any fire with¬ out such an excuse as shall be sufficient and satisfactory to the com¬ pany to which he belongs, or shall neglect or refuse to do his duty as a fireman, or shall disobey or refuse to obey the orders of the Chief Fire Marshal, or the Assistant Fire Marshals, or shall disobey or refuse to obey, the orders of his proper company officers, or shall leave his engine or other fire apparatus while at a fire, without per¬ mission of the acting foreman, he shall forfeit and pay a penalty of not less than one, nor more than ten dollars, for every such default, for the use and benefit of such company, and be subject to expulsion from the Fire Department. Sec. 9. The Fire Marshal in command, with the advice and concurrence of one member of the City Council, may direct the hook-and-ladder men to cut down and remove any building, erection or fence, for the purpose of checking the progress of the fire, and the Fire Marshal in command, with the advice and concurrence of two members of the City Council, shall have power to blow up, or cause to be blown up, with powder, or otherwise, any building or erection during the progress of a fire, for the purpose of checking or extinguishing the same. Sec. 10. Every person not a fireman, who shall be present at a fire, shall be subject and obedient to the orders of the Chief and Assistant Fire Marshals, the Mayor and Aldermen, City Marshal and Police officers, the Foreman and Assistant Foreman, or any officer of a fire engine, hose or hook-and-ladder company, in extin¬ guishing the fire and the removal and protection of property; and in case such person shall refuse to obey such orders, he shall forfeit and pay for every such offense the sum of five dollars ; and all such officers shall have power to arrest any person so refusing to obey such lawful orders as aforesaid, and hold him in custody until after the fire shall have been extinguished, when he shall be taken before 12 90 ORDINANCES. the Police Magistrate to be dealt with according to law: Provided , That no person shall be bound to obey any officer unless the official character of such officer be known or be made known to such person. Sec. 11. It shall be lawful for the Foreman. Assistant Foreman, or officer in command of any lire company, or for the Mayor, Aider- men, Chief Fire Marshal, or either of the Assistants, to require the aid of any citizen, inhabitant or by-stander, in drawing or conveying any engine or other fire apparatus, to the fire, and on the refusal or neglect of any person to comply with such requisition, the offender shall, for every default, forfeit and pay a penalty of not less than one, nor more than ten dollars. Sec. 12. It shall be the duty of every Police officer upon an alarm of fire, to repair immediately to the place of the fire and there remain subject to the direction of the Mayor, or any Alderman, for the discharge of police duty, and to assist in preserving, guarding and protecting property, and to keep all idle and suspicious persons from the immediate vicinity of the fire, and under the direction of the acting Chief Fire Marshal, to aid and assist in procuring supplies of water, in extinguishing the fire, and to prevent the hose from being trodden upon or injured by being run over. Sec. 13. It shall be the duty of the City Clerk to keep a book in which shall be registered the name of each fireman, the date of his appointment by the City Council; and when dismissed, or expelled, the date of such dismissal, or explusion, if the same shall have been communicated to the City Council. And the City Clerk is hereby authorized to grant to any fireman a certificate, under the corporate seal of the city, setting forth when said fireman was appointed by the City Council as aforesaid. / FIRE DEPARTMENT. 91 ARTICLE II. OF FIRE LIMITS, AND THE ERECTION OF BUILDINGS, ETC.* Section Section 1. Fire limits defined. 4. Penalty for violation of this article. 2. Rules for constructing buildings 5. Wooden buildings, when a nuisance; within the fire limits. duty of Mayor to abate the same; 3. Wooden buildings in fire limits, not expense how paid. to be enlarged or remove i; privies how built. Section 1. All that part of the City of Freeport embraced within the following limits shall be hereafter known as the fire limits of said city: Beginning in the center of Galena street, at its inter¬ section with the center of Walnut street; thence eastwardly along the center of said Galena street to its intersection with the center of Exchange street; thence southwardly along the center of said Exchange street to a point opposite the center of the alley running through Block number thirty-six in the original Town of Freeport; thence eastwardly along the center line of the alley running through Blocks thirty-six, thirty-seven, thirty-eight, thirty-nine and forty, in said original Town (now city) of Freeport, to the center of Liberty street ; thence northwardly along the center of said Liberty street to its intersection with the center line of said Galena street; thence eastwardly through the center of said Galena street, to the main track of the Illinois Central railroad; thence north¬ wardly, along said main track, to its intersection with the center of Bridge street; thence westwardly, through the center of said Bridge street to the center of Walnut street; thence southwardly, through the center of said Walnut street, to the place of beginning. Sec. 2. No building shall be erected hereafter within the fire limits, unless the same shall be constructed in conformity with the following provisions: First. All outside and party walls shall be made of stone, brick, or other fire-proof material. Second. Outside and party walls not exceeding twenty-four feet in height from the top of the sidewalk to the under side of the roof joists or rafters, shall not be less than eight inches in thickness if of brick, nor less than sixteen inches in thickness if of stone; but all outside walls exceeding twenty-four feet in height shall be not less than twelve inches in thickness if of brick nor less than eighteen inches in thickness if of stone. * Original Ordinance passed February 27,1857, amended by revisions of 1857 and 1868. 92 ORDINANCES. Third. All joists, beams, and other timbers in outside and party walls shall be separated at least four inches from each other with stone or brick laid in mortar. Fourth. All end and party walls, except end walls fronting on streets, shall extend above the sheeting of the roof at least seven inches or three courses of brick, and in no case shall the planking or sheeting of the roof extend across any party or end wall, except end walls fronting on streets. Sec. 3. No wooden building or part of a building within the fire limits shall be raised, enlarged or removed to any other place within the same, nor shall any such building be removed into the fire limits : Provided , That privies not exceeding ten feet square and twelve feet in height at the peak may be constructed of wood, and shall not be subject to the provisions of this article; but all depositories for ashes within or without the fire limits shall be built of brick or other fire-proof materials, without wood in any part thereof. Sec. 4. Any owner, builder or other person who shall own, build, or aid in the erection of any building or part of building within said limits, contrary to or in any other manner than author¬ ized by the provisions of this article, or who shall own, remove or assist in removing any wooden building within said limits from one place to another therein, or who shall own, rembve or assist in removing any such building from without said limits into the same, shall be subject to a fine of not less than twenty-five dollars and not exceeding one hundred dollars, in the discretion of the court, for the first offense, and to the like fine for every forty-eight hours such per¬ son shall fail to comply with the provisions of this article, or con¬ tinue in violation thereof. If any person shall violate any other provisions of this article, he shall be subject to the like fine. Sec. 5. Any wooden building which may be erected, enlarged or removed, or in process of erection, enlargement or removal, con¬ trary to this article, shall be deemed a nuisance; and upon informa¬ tion, it shall be the duty of the Mayor, after due notice to the owner or builder thereof, to abate the same, by an order in writing to require the City Marshal to raze the building to the ground. The expenses of such removal shall be reported by the Marshal for assess¬ ment, and may be collected of the owner of such building by suit. FIRE DEPARTMENT 93 ARTICLE III. PRECAUTIONARY REGULATIONS. Section Section 1. City Council to appoint one fire ward- 5. Lighted lamps not to be used in sta- en for each ward. bles, unless secured. 2. Mayor and Aldermen to be fire ward- 6. Hay, straw, etc., how burned. ens, ex-officio. 7. Ashes how to be kept. 3. Fire wardens to examine buildings, 8. Hay not to be stacked within one etc; to report violations, etc. hundred feet of buildings. 4. To inspect stoves, fire-places, etc.'; to 9. Chimneys, how to be built. require them, when unsafe, not to 10. Stove pipes to be four inches from be used, etc. wood. Section 1. The City Council shall appoint one fire warden in each ward, who shall continue in office during the pleasure of the City Council. Sec. 2. The Mayor and Aldermen of said city are hereby declared to be fire wardens, ex officio, and are hereby authorized and empowered to do and perform all the duties enjoined upon fire wardens, by this ordinance. Sec. 3. It shall be the duty of the fire wardens to examine all buildings occupied or unoccupied, and all buildings in process of construction ; all depositories of ashes, and all manufacturing estab¬ lishments, and to report to the City Council all violations of law or the ordinances of the city in relation thereto, or on the subject of the prevention or extinguishment of fires. Sec. 4. The fire wardens shall, also, from time to time, inspect all stoves, fire places, hearths, grates, furnaces, boilers, and all other places in said city in which fire may be kept, and all stove-pipes, chimneys, ovens, and all other apparatus or fixtures therewith con¬ nected, for the purpose of ascertaining whether the same be in a safe and proper condition ; and any such inspection shall be made on the request of any citizen, at any proper time, for the purpose of ascer¬ taining the condition and safety thereof; and whenever in the opinion of any fire warden any stove, fire place, hearth, grate, fur¬ nace or other place for keeping fire, or any appurtenance for the conducting of smoke or heat from any such place, may be in a con- condition as to render the keeping of fire therein unsafe, it shallbehis duty to order and direct the occupant of the building in which the same may be, or with which the same may be connected, to discon¬ tinue the making of fire therein, and to make all necessary and proper alterations and repairs to render the keeping of fire therein safe, in the opinion of the fire warden inspecting the same; and if any person shall make a fire therein and neglect to make such neces¬ sary alterations and repairs, after being directed so to do, as afore- 94 ORDINANCES. said, he shall forfeit and pay to said city a sum not less than five dollars, nor more than one Hundred dollars, and the further sum of tive dollars for each and every day he shall continue to use the same without making such necessary alterations and repairs as aforesaid : Provided , That any per* on feeling himself aggrieved by the decision or direction of any lire warden, may appeal to the City Council at the first meeting thereof after the order of the lire warden as afore¬ said ; but in all cases, the order of the said lire warden to discon¬ tinue the making of any fire, shall be complied with, until the final decision of the City Council on such appeal. Any person who shall resist or obstruct any fire warden in the execution of the duties herein enjoined upon him, shall forfeit and pay to said city a sum not less than live dollars nor more than one hundred dollars. Sec. 5. No lighted candle or lamp shall be used in any stable, or other place or building where hay, straw, or other like combusti¬ ble materials shall be kept, unless the same shall be well secured in a lantern, under the penalty of two dollars for each offense. Sec. 6 . No hay, straw, chips, shavings or other combustible sub¬ stance, shall be set on lire or burned in any street or lot within forty feet of any building in the city, without permission of an Alderman, under the penalty of five dollars, to be recovered of any person directing or causing the same to be done. Sec. 7. No ashes (except at manufactories where ashes are used) shall be kept or deposited in any part of the city unless the same be kept in a close and secure metalic or earthern vessel, or brick or stone ash room, under the penalty of three dollars for each offense, ahd the further penalty of one dollar for every twenty-four hours the same shall be suffered to remain so kept or deposited after notice from a fire warden to remove the same. Sec. 8. No person shall, within the limits of said city, stack or deposit any hay, straw or other like combustible material, within fifty feet of any building within the limits of the city without having first obtained a written permission from an Alderman of the ward in which the same may be located, under a penalty of ten dollars for e ach offense, and a like penalty for every week the same may remain after notice from a fire warden to remove the same. Sec. 9. No chimney shall hereafter be built with less than four inches thickness of brick or stone completely imbedded in lime mortar and plastered on the inside with a smooth coat of the same. No flue shall in any case be less than eight by eight inches; and if intended for two or more whole stories, not less than eight by twelve inches. Holes for stove pipes shall have a sheet iron thimble inserted into the chimney, imbedded in mortar, and, when not in use, a tin or sheet iron stopper, with a flange at least one-half an inch wide outside of the brick. Every person who shall hereafter build or cause a chimney to be built contrary to the x>rovisions of this section GRADES. 95 shall, for every such offense, forfeit and pay to said city the sum of five dollars ; and every owner of any chimney that shall hereafter be built contrary to the provisions of this section, shall cause the same to be altered within ten days after notice shall be given by any fire warden or forfeit and pay the sum of five dollars, and also the sum of five dollars for every month thereafter, so long as said chimney shall remain unaltered. Sec. 10. Stove pipes shall not be less than four inches from any wood or other combustible materials, unless there be a double circle of tin connected together, and air holes through the connecting tin, between said pipe and the combustible substance ; and every person violating the provisions of this section shall forfeit and pay to said city the sum of three dollars and the further sum of one dollar for every three days he shall continue in violating this section. CHAPTER XI. GRADES. Ordinances establishing the grade of aertain streets. • ARTICLE I. An Ordinance establishing the grade of Stephenson street from railroad to Cherry street. Section 1. Be it Ordained by the City Council of the City of Freeport , That the grade of Stephenson street, from the track of the Illinois Central railroad to the easterly side of Cherry street, be and the same is hereby established, as follows, the base line to which reference is herein made being on a level with the top of the main track of the Illinois Central railroad in the center of said Stephenson street: Commencing at a point in the center of said Stephenson street on the west line of said railroad track on the same level with the base line, and running thence along the center of Stephenson street, rising on a uniform grade, to the westerly side of Liberty street, to a point five and fourteen one-hundredths feet above the base line ; thence rising on a uniform grade to the westerly side of Adams street, to a point nine and fifty-seven one-hundredths feet above the base line ; thence rising on a uniform grade to the easterly side of Chicago street, to a point fourteen and ninety-five one-hun¬ dredths feet above the base line ; thence rising on a uniform grade 96 ORDINANCES to the westerly side of Van Buren street, to a point twenty-six and forty-three one-hundreths feet above the base line ; thence rising on a uniform grade to the easterly side of Cherry street, to a point forty-four and forty-five one-hundredths feet above the base line. Passed September 30, 1857. ARTICLE II. An Ordinance establishing the grade of Stephenson street from Cherry street to Grove street. Section 1. Be it Ordained by the City Council of the City of Freeport , That the grade of Stephenson street, from the east line of Cherry street, be and the same is hereby established as follows :— Beginning at the east line of Cherry street on the same level with grade heretofore established at that point as a base, running thence westerly along the center of Stephenson street on a uniform grade seven hundred and seventy-four feet, to a point nine feet above the base line, thence westerly along the center of said Stephenson street, on a uniform grade, five hundred and thirty feet, to a point five feet above the base line, thence west along the center of said Stephenson street, on a uniform grade, five hundred and seventy feet, to a point seven feet above the base line. Passed August 30, 1865. ARTICLE III. An Ordinance establishing the grade of Stephenson street, from Grove street to West street. Section 1. Be it Ordained by the City Council of the City of Freeport, That the grade of Stephenson street, from Grove street to West street, be and the same is hereby established as follows:— Beginning at a point in the center of said Stephenson street, at the grade heretofore established opposite the easterly side of Grove GRADES. 97 street, running thence westerly along the center of said Stephenson street, one hundred feet to a point one and two-tenths feet above the place of beginning, thence westerly along said street, to a point ten feet west of the east line of West street, six feet above the place of beginning. Passed October 14, 1865. ARTICLE IV. An Ordinance establishing the grade of Stephenson street, from West street to Wissler street. Section - 1. Be it Ordained by the City Council of the City of Freeport , That the grade of Stephenson street, from the east side of West street to the west side of Wissler street, in said city be and the same is hereby established as follows: Commencing in the center of said Stephenson street at the established grade on the east line of West street and running thence westerly on a uniform grade two hundred feet, to a point six and three-hundredths feet above the starting point, thence on a uniform grade for one hundred feet to a point eight and one-hundredths feet above the starting point, thence on a uniform grade for a distance of five hundred and twenty-two feet to the east line of Foley street eleven and seventy-nine hundredths feet above the starting point, thence on a uniform grade, for a dis¬ tance of one hundred and seventy-eight feet, to a point sixteen and seventy-three hundredths feet above the starting point, thence on a uniform grade to the west line of Wissler street thirty-one and fifty- five hundredths feet above the starting point. Passed May 24, 1867. 13 ORDINANCES 98 ARTICLE V. An Ordinance establishing the grade of Galena street, from railroad to Walnut street. Section 1 . Be it Ordained by the City Council of the City of Freeport, That the grade of Galena street, from the track of the Illinois Central railroad, to the westerly side of Walnut street be, and the same is hereby established as follows : The base line to which reference is herein made being on a level with the top of the main track of the Illinois Central railroad in the center of said Galena street: Commencing at a point in the center of said Galena street on the west line of said railroad track, on the same level with the base line herein before referred to, and running thence along the center of said Galena street, rising on a uniform grade to the westerly line of Liberty street, to a point two feet and sixty one-hundredths of a foot, above the base line, thence rising on a uniform grade to the easterly side of Chicago street to a point seven and eighty one-hun¬ dredths feet above the base line, thence rising on a uniform grade to the westerly side of Exchange street, to a point twelve and seventy- six one-hundredths feet above the base line, thence rising on a uni¬ form grade to the westerly side of Walnut street, to a point seventeen and sixty-three one-hundredths feet above the base line. Passed June 6, 1863—amended September 22, 1863. ARTICLE VI. An Ordinance establishing the grade of Chicago street from Galena street to Bridge street. Section 1. Be it Ordained by the City Council of the City of Freeport, That the grade of Chicago street from the northerly side of Galena street to the southerly side of Bridge street be, and the same is hereby established as follows: Commencing at a point in the center of Chicago street at its intersection with the northerly side of Galena street eight feet and six one-hundredths of a foot above the base line of said Galena street as established by an ordinance passed GRADES. 99 June 6, 1863, and as amended by an ordinance passed September 22, 1863, thence running along the center of said Chicago street rising on a uniform grade to the southerly side of Stephenson street to a point fourteen feet and thirty-six one-hundredths of a foot above the base line, thence running on a level to the northerly side of Stephenson street, thence rising on a uniform grade to a point seventy-seven feet and fifty one-hundredths of a foot northerly from Stephenson street, fifteen feet and six hundredths of a foot above the base line, thence descending on a uniform grade to the south side of Bridge street to a point fourteen feet and thirty-six hundredths of a foot above the base line. Passed June 3, 1864. ARTICLE VII. A.n Ordinance establishing the grade of certain streets therein named. Section 1. Be it Ordained by the City Council of the City of .Freeport, That the grade of Chicago street, from Galena street, to the easterly side of Union street, be and the same is hereby established as follows: Assuming as a base line to which reference is herein made the established grade of Galena street, at its intersection with Chicago street and running thence southerly along the center of said Chicago street to the southerly side of Spring street, at a point four and twenty-one hundredths feet below the base line, thence along the center of said Chicago street, to the southerly line of Jackson street to a point one foot and forty hundredths below the base line, thence along said Chicago street to the northerly side of Washington street to a point five and twenty-three hundredths feet above the base line, thence along said Chicago street, to the easterly side of Union street, at a point nineteen and eleven hundredths feet above the base line. Sec. 2. That the grade of Mechanics street, from Galena street, to the southerly limits of the original Town of Freeport be, and the same is hereby established as follows: Taking for a base line, the established grade of Galena street, at its intersection with said Mechanics street, and running thence southerly along the center of said Mechanics street to the alley south of Spring street, at a point three and sixty-five hundredths feet below the base line, thence along the center of said street to the southern limits of the original Town of Freeport, at a point twenty-eight feet above the base line. 100 ORDINANCES. Sec. 3. That the grade of Walnut street, from Stephenson street, to the Galena road, be and the same is hereby established as follows: Taking as a base line the established grade of Stephenson street at its intersection with Walnut street, and running thence northerly along the center of Walnut street, ninety feet to a point one and fifty hundredths feet above the base line, thence along said street on a uniform grade to a point ten feet north of the southerly lineof Webster street, twenty-eight feet below the baseline, thence northerly along said Walnut street to the southerly side of the alley running through blocks eighty-one and eighty-two to a point twenty-five feet below the base line, thence northerly along said street on a uniform grade to *he Galena road, to a point ten feet below the base line. Passed October G, 1866. ARTICLE VIII. An Ordinance establishing the grade of Exchange street, bet ween Galena street, and the north side of Bridge street. Section 1. Be it Ordained by the City Council of the City of Freeport , That the grade of Exchange street, from the center of Galena street, to the northerly side of Bridge street, be and the same is hereby established as follows : Beginning in the center of and on the same level with Galena street, at its intersection with Exchange street, running thence northerly along the center of Exchange street, one hundred and seventy-five feet to the north line of the alley rising on a uniform grade to an elevation at this point of six and seventy-five one-hundredths feet above Galena street, thence rising on a uniform grade along the center of said Exchange street, one hundred and fifty-five feet to the center of Stephenson street, attain¬ ing at this point an elevation of fifteen and eighty-one hundredths feet above Galena street, thence along the center of said Exchange street, one hundred and thirty-seven feet to a point two feet above the level of Stephenson street, thence along the center of said Exchange street one hundred and twenty-three feet to the northerly side of Bridge street, one foot above the level of Stephenson street. Passed August 15, 1865. GRADES. 101 ARTICLE IX. An Ordinance establishing the grade of Exchange street from the south line of Galena street to the west line of Union street. Section 1 . Be it Ordained by the City Council of the City of Freeport , That the grade of Exchange street, from the south line of Galena street to the west line of Union street, be and the same is hereby established as follows: Commencing in the center of Exchange street, at the established grade on the south line of Galena street, and running thence along the center of Exchange street on a uniform grade, to the north line of Spring street, five feet below the starting point, thence on a level to the south line of Spring street, thence on a uniform grade to the north line of the alley between Spring and Jackson streets four feet below the starting point, thence on a uniform grade to the north line of Jackson street, five-tenths of a foot below the starting point, thence on a uniform grade to the north line of Washington street, eleven feet above the starting point, thence on a uniform grade to the south line of Washington street, twelve feet above the starting pointy thence on a uniform grade to the north line of Elk street, eighteen feet above the starting point, thence on a uniform grade to the south line of Elk street, nineteen feet above the starting point, thence on a uniform grade for a dis¬ tance of four hundred and eighty-eight feet, to a point thirty-one and seventy-five hundredths feet above the starting point, thence on a uniform grade to the west line of Union street, thirty-two and seventy-five hundredths feet above the starting point. Passed June 6, 1867. article x. An Ordinance establishing the grade of Liberty street from Stephenson street to south line of original Town. Section 1. Be it Ordained by the City Council of the City of Freeport , That the grade of Liberty street from its intersection with Stephenson street, to the south-easterly line of the original Town of i 102 ORDINANCES Freeport be, and the same is hereby established as follows : The base line to which reference is herein made being on a level with the top of the main track of the Illinois Central railroad at its present crossing on the center of Stephenson street, viz: Commencing at a point in the center of Liberty street, at its intersection with the center of said Stephenson street, four feet and six inches above the base line, running thence southerly along the center of said Liberty street, one hundred and fifty-five feet to a point on the north side of the alley, seven feet and six inches above the base line, thence southerly along the center of said street to the center of Galena street at grade, thence southerly along the center of Liberty street, to the center of Jackson street, on a uniform grade one foot below the base line, thence southerly along the center of Liberty street one hundred and ninety feet to a point two feet above the base line, thence on a uniform grade to a point on the north side of the alley south of Washington street, nineteen feet above the base line, thence along the center of said Liberty street to a point on the southerly line of the original Town of Freeport, twenty-three feet and six inches above the base line. Passed September 19, 1865. ARTICLE XI. An Ordinance establishing the grade of Bridge street, from Liberty street, to Exchange street. Section 1 . Be it Ordained by the City Council of the City of Freeport , That the grade of Bridge street, from the west side of Liberty street to the west side of Exchange street, be and the same is hereby established as follows: The base line to which reference is herein made being on a level with the top of the main track of the Illinois Central railroad where the same crosses the center line of Bridge street; commencing in the center of Bridge street, in the west line of Liberty street, five-tenths of a foot above the base line, and running thence on a uniform grade to the east line of Adams street seven and thirty-four hundredths feet above the base line, thence on a uniform grade to the west line of Adams street eight feet above the base line, thence on a uniform grade to the east line of Mechanics street eleven feet above the said base line, thence on a uniform grade to the west line of Mechanics street eleven and sixty- GRADES. 103 six hundredths feet above the base line, thence on a uniform grade to the east line of Chicago street fourteen and sixty-six hundredths feet above the base line, thence on a uniform grade to the west line of Chicago street, fifteen and five-tenths feet above the base line, thence on a uniform grade to the east line of Van Buren street, twenty-three and seventy-five hundredths feet above the base line, thence on a uniform grade to the west line of Van Buren street, twenty-six and five hundredths feet above the base line, thence on a uniform grade to the east line of Exchange street, thirty and twenty- five hundredths feet above the base line, thence on a uniform grade to the west line of Exchange street, thirty and seventy-five hun¬ dredths feet above the base line. Passed May 11, 1867. ARTICLE XII. An Ordinance establishing the grade of Adams street, from the south side of .Bridge street, to the west side of Carroll street. Section 1. Be it Ordained by the City Council of the City of Freeport, That the grade of Adams street, from the south side of Bridge street to the west side of Carroll street, be and the same is hereby established as follows: the base line to which reference is herein made being on a level with the top of the main track of the Illinois Central railroad where the same crosses the center line of said Bridge street; beginning in the center of said Adams street, where the same crosses the west line of Bridge street, seven and sixty-seven hundredths feet above the base line, and running thence on a unform grade to the north line of Stephenson street eight and sixty-seven hundredths feet above the base line, thence on a level to the south line of Stephenson street, thence on a uniform grade to the north line of Galena street, four and four-tenths feet above the base line, thence on a level to the south line of Galena street, thence on a uniform grade to the north line of Spring street, one and eight-tenths feet above the base line, thence on a uniform grade to the north line of the alley between Spring and Jackson streets, one and four-tenths feet above the base line, thence on a uniform grade to the north line of Jackson street three and one-tenth feet above the baseline, thence on a uniform grade to the north line of Washington street, twenty- three and two-tenths feet above the base line, thence on a uniform 104 ORDINANCES. grade to the north line of the alley between the original Town of Freeport and Wright and Purinton’s addition, thirty-four and seven- tenths feet above the base line, thence on a uniform grade to the west line of Carroll street, thirty-eight feet above the base line. Passed July 6, 1867. ARTICLE XIII. An Ordinance establishing the grade of the alley running through Block No. 47, in the original Town of Freeport. Section 1. Be it Ordained by the City Council of the City of Freeport, That the grade on the alley running through Block No. 47, in the original Town of Freeport, from Chicago street to Van Buren street, be and the same is hereby established as follows :— Commencing at a point in the center of said alley, on the westerly side of Chicago street, eleven and forty-six hundredths feet above the base line of Galena street as established by an ordinance passed June 6, A. D. 1863, and as amended by an ordinance passed Septem¬ ber 22, A. D. 1863, thence running along the center of said alley rising on a uniform grade to the easterly side of Van Buren street, to a point sixteen and eighteen hundredths feet above the base line. Passed November 22, 1864. CHAPTER Nil. GUNPOWDER AND GUN-COTTON. An Ordinance concerning gunpowder and gun-cotton.* Section Section 1. Powder, how much may be kept and 2. Fire wardens authorized to make where; not to be sold at night unless search in certain cases, in sealed cans. 3. Police officers to report violations. Section 1. Be it Ordained by the City Council of the City of Freeport , That no person shall have or keep at his place of business * Original Ordinance passed December 1,1855, and amended by revision of 1857. 105 GUNPOWDER AND GUN-COTTON. or elsewhere, within this city, a greater quantity of gunpowder or gun-cotton than twenty-five pounds at one time, and the same shall be kept in tin or copper canisters or cases containing not to exceed five pounds in each, and in a situation remote from fires, lighted lamps, candles and gas, from which they may be easily removed in case of fire ; and no person or persons shall sell or weigh any gun¬ powder or gun-cotton after the lighting of lamps in the evening, unless in sealed canisters or cases. A violation of any provision of this section shall subject the offender to a fine of not less than ten dollars nor exceeding one hundred dollars. Sec. 2. It shall be lawful for any member of the City Council or any fire warden of the city, whenever he shall have cause to suspect that any gunpowder or gun-cotton is concealed or kept within the city, in violation of the provisions of this ordinance, to search any place in said city for the purpose of determining whether any gunpowder or gun-cotton is concealed or kept as aforesaid. Any person who shall obstruct or hinder any member of the City Council, or any fire warden, in the execution of his duties under this ordinance, shall forfeit and pay to said city, for each offense, a sum not less than ten dollars nor more than one hundred dollars. Sec. 3. It shall be the duty of the City Marshal, Police officers and fire wardens to report all violations of this ordinance which may come to their knowledge, to the Mayor or City Attorney for prosecution. CHAPTER XIII. ITAY AND WOOD STANDS. An Ordinance concerning hay and wood stands. Section Section 1. Hay and wood stands designated 2 Penalty for violating the provisions of this ordinance. Section 1. Beit Ordained by the City Council of the City of Freeport, That no person or persons having hay or wood in market for sale by the wagon, cart or sled-load, shall stop or wait with such load for a purchaser or purchasers on any street, alley, lane or public ground of the city, within the limits of the original town of Freeport except as hereinafter designated, to wit: 14 106 ORDINANCES On Exchange street, between Stephenson street and Bridge street, leaving a clear space of at least twenty feet on the westerly side ol said Exchange Street: On Van Buren street, between Stephenson street and Bridge street, leaving a clear space of at least twenty feet on the easterly side of said Van Buren street: On Adams street, between Stephenson street and Bridge street: On Bridge street, between Exchange street and Chicago street. Sec. 2. Any person or persons who shall violate the provisions of this ordinance shall on conviction thereof, forfeit and pay to said city, for each offense, not less than one dollar nor more than five dollars. LICENSES. 107 CHAPTER XIV. LICENSES. An Ordinance concerning licenses.* ARTICLE I. « II. “ III. “ IV. “ V. VI. GENERAL PROVISIONS. AUCTIONEERS. BILLIARD TABLES AND BOWLING ALLEYS. PAWN BROKERS AND MONEY LENDERS. PEDLERS. PORTERS AND RUNNERS. “ ' VII. SHOWS AND EXHIBITIONS. VIII. SPIRITUOUS AND MALT LIQUORS, ARTICLE I. GENERAL PROVISIONS. Section * Section 1. All licenses to be subject to the ordi- 3. No license to be granted for longer nances in force when issued, or sub- than one year; Mayor may order the sequently established; persons vio- issuing of licenses. lating liable to have license revoked. 4. Licenses, how issued. 2. Licenses not assignable without per- 5. City Clerk to keep a register of all mission. licenses. Section 1. Be it Ordained by the City Council of the City of Freeport , That all licenses which may be issued under any ordinance of this city shall be subject to the ordinances and regulations which may be in force at the time of the issuing thereof, or which may subsequently be established by the City Council. And if any person so licensed shall violate any of the provisions thereof, he shall be liable to be proceeded against for any fine or penalty imposed there* by, and his license shall be subject to be revoked in the discretion of the Mayor, City Council or Magistrate before whom any action shall be brought for the recovery of any fine or penalty as aforesaid. Sec. 2. No license granted under any ordinance shall be assigna¬ ble or transferable, without permission of the Mayor or City Council, nor shall any such license authorize any person to do business or act under it but the person named therein, unless such ordinance shall otherwise provide. * Ordinances passed May 12, 1855, May 7,1856,and amended by revisions of 1857 and 1868. 108 ORDINANCES. Sec. 3. No license shall be granted at any one time for a longer period than one year; and in all cases where it is not otherwise expressly provided, the Mayor shall have power to hear applications for, and to order the issuing of licenses, upon the terms specified by the ordinances of the city. Sec. 4. All licenses shall be issued and signed by the City Clerk under the city seal pursuant to the order of the Mayor or City Council, upon payment to him of the sum assessed therefor, together with the officers’ fees, allowed for issuing the same, and no person shall be deemed to be licensed in any case until the issuing of license in due form as hereinbefore provided. Sec. 5. The City Clerk shall keep a license register, in which shall be entered the name of each and every person licensed pursuant to the ordinances of this city, the date of the license, the purpose for which the license is granted, and the time the same will expire, or continue in force. ARTICLE II. AUCTIONEERS. Section Section. 1. No person to sell at auction without a 4. Duties on auction sales. license; penalty. • 5. Auctioneers to make monthly re- 2 . Licenses, how granted; auctioneers ports on all sales made and pay to give bond, how conditioned; duty; penalty for neglect. Mayor to order the issuing of. 6. City Clerk to report to City Council 3. Application for license to designate names of delinquent auctioneers. room or building where sales to be 7. City to furnish clerk in certain cases. conducted; sales at auction else- 8. Sales on legal process exempt from where forbidden; penalty. provisions of this article. 9. Auctioneer, no power to appoint an¬ other person to act in his stead. Section 1. Any person or persons who shall sell, or attempt to sell at public auction, within this city, any goods, chattels, or per¬ sonal property whatever, without first having obtained a license therefor, as hereinafter provided, shall forfeit and pay to said city, for each offense, a sum not less than ten dollars nor more than one hundred dollars. Sec. 2. No license shall be granted to any person for the sale of goods, wares and merchandise, or other personal property, at public auction, until such person shall have paid to the City Clerk for the use of said city, the sum of ten dollars, and shall have executed a bond to said city, with security, to be approved by the City Clerk, LICENSES. 109 in the penal sum of two hundred dollars, conditioned for the pay¬ ment of ail duties that are or may be imposed by this or any sub¬ sequent ordinance, on sales made by him, or by any person under him. The Mayor is hereby authorized to order the issuing of a license for the sale, at public auction, of goods, wares, merchandise and chattels, to any person or persons applying therefor, who shall have complied with the requirements of this section. Sec. 3. Every application for license under this article, shall state the room or building in which the applicant desires to act as auctioneer, and every license so issued shall designate such room or building, and no auctioneer so licensed shall sell any goods, chattels, merchandise or personal property of any description, except horses, mules, cattle, wagons, carriages and sleighs, at any place in this city, other than the room or building so designated, unless he receive a written permit from the -Mayor so to do, which permit, if given, shall state the time and place when and where said auctioneer may sell such property elsewhere, than at the place designated in his license. Any licensed auctioneer violating the provisions of this section, shall forfeit his license and the same may be revoked by the City Council, and shall, in addition, be subject to a fine of not less than five dollars nor more than one hundred dollars for each offense. Sec. 4. A duty of one per cent, shall be collected and paid into the city treasury, by every auctioneer holding a license under this article, upon the gross amount of all sales made by such auctioneer, in this city, of household furniture which has been used in this city, live stock, wagons, vehicles and farming implements ; and upon the gross amount of all sales of merchandise and personal property of every other description than as above mentioned, a duty of eight per cent, shall be so collected and paid into the city treasury by the auctioneer making such sale: Provided , however, that whenever the owner of any merchandise or other personal property not included in the classes above specified, shall at the time of such sale, have been an actual resident of this city for six months, next preced¬ ing such sale, and shall make and file in the City Clerk’s office, with the report of the auctioneer selling the same, a written affidavit stating the fact of such ownership and residence, and that such goods or merchandise were not bought or brought to said city for the pur¬ pose of selling the same at auction, then in that case a duty of one per cent, only shall be collected and paid into the city treasury on the gross amount of such sale. Sec. 5. Every auctioneer licensed under this article shall make a report to the City Council at every regular meeting thereof, which report shall be verified by the oath of such auctioneer, and shall set forth a detailed statement of all sales made by him during the pre¬ ceding month, giving the names and residence of the owners of the property so sold by him, a description of such property, and the no ORDINANCES. amount of each sale. Such, report shall be accompanied with the Treasurer’s receipt for the amount of duty due thereon, as provided in section four of this article. Every licensed auctioneer shall make the report prescribed by this section at every regular meeting of the City Council, whether he has made any sales during the month, liable to duty or not; and a failure to make such report, or to pay the duty due thereon, as above prescribed, shall at the option of the City Council, render such auctioneer so failing, liable to have his license revoked by order of said Council, and shall, in addition, be subject to a fine of not less than ten dollars nor more than one hun¬ dred dollars. Sec. 6. It shall be the duty of the City Clerk at each regular meeting of the City Council, to lay before them all reports of auc¬ tioneers so made, and to report to them the names of all licensed auctioneers, who have failed to make the report or pay the duty prescribed in the foregoing sections. Sec. 7. Whenever the Mayor or the City Council may think it advisable so to do, the said Mayor or City Council may, at the expense of the city, furnish to any auctioneer a clerk, who shall keep a correct account of all sales made by such auctioneer, and report the same to the Council at the next regular meeting after such sale, but the furnishing of such clerk shall in no wise dispense with the report required to be made by the auctioneer as hereinbefore provided. Sec. 8. All sales made at public auction, under and by virtue of any legal process, and all sales of the elfects of any deceased per¬ son by executor or administrator, and all sales of the effects of any bankrupt sold by his legally appointed assignee, shall be exempt from the provisions of this article. Sec. 9. No auctioneer shall by virtue of his license have any right or power to appoint or authorize any other person in his stead to sell or offer for sale at auction, any goods or personal property of any kind, and no license issued under the provisions of this article shall authorize any one except the person to whom such license was issued, to sell, offer for sale, or cry for sale at auction in this city, any goods, wares, merchandise or personal property of any description. LICENSES 111 ARTICLE III. BILLIARD TABLES AND BOWLING ALLEYS. Section Section 1. Persons maybe licensed to keep bil- 3 Minors not to be allowed to frequent Hard tables and ball alleys. billiard rooms and ball alleys. ‘2. Bond to be given, how conditioned. 4. Penalty for violation of this article. Section 1. Licenses may be granted to keep billiard tables or ball alleys, upon payment by the applicant therefor in either case of the sum of twenty-five dollars for each year : Provided , That if any person shall desire to keep within the same building more than one billiard table, ball alley or bed, he shall pay the sum of twenty-five dollars for the first and twenty dollars for each of the others. Sec. 2. The applicant for a license in either of the cases men¬ tioned in the foregoing section, shall execute a bond to the city with security, to be approved by the City Clerk, in the penal sum of two hundred dollars, conditioned that the said person so licensed shall not, during the time for which he is so licensed, permit any game to be played in or about his premises, where such billiard table or ball alley is situated, for money or other article of value, and that such billiard table or ball alley shall not be used, and the room wherein the same is situated shall be closed, between the hours of twelve o’clock on Saturday night and twelve o’clock on Sunday night. Sec. 3. Any person or persons who shall have taken out a license for a billiard table or ball alley, who shall allow any minor or minors to play at billiards on such table, or at bowling on said alley, for pay, or shall allow any minor or minors to frequent the room or place where such billiard table or ball alley is situated, shall upon the complaint of the parent or guardian of any such minor, forfeit and pay to said city the sum of twenty-five dollars. Sec. 4. Any person or persons who shall keep a billiard table or ball alley for use, within the meaning of this article,.within this city, without having first obtained a license therefor, as required by this article, shall forfeit and pay to said city, for each and every offense, the sum of fifty dollars. 112 ORDINANCES. ARTICLE IV. PAWN BROKERS AND MONEY LENDERS.* Section Section 1. Unlawful to act as a pawn broker, 3. Licenses must specify the time issued &c., without license. for; may be revoked by Mayor. 2. Licenses; how issued. 4. Penalty. Section 1 . It shall not be lawful for any person or persons within this city to exercise the business or occupation of a pawn broker, or of loaning money upon pledge of personal property deposited as security for the payment thereof, without having first obtained a license therefor as hereinafter provided. Sec. 2. The Mayor is hereby authorized in his discretion to order the issuing of a license to any person or persons applying therefor, for either of the objects mentioned in section one of this article, upon payment of not less than at the rate of thirty-six dol¬ lars per year: Provided , That no such license shall be issued for any period less than three months. Sec. 3. All licenses issued pursuant to the provisions of this article, shall specify the time for which the same are issued, and may be revoked by the Mayor, in his discretion, if the person to whom the same is issued shall be guilty of any fraud, extortion, imposition or deception in the practice of said business authorized by such license. Sec. 4. If any person shall pursue, or attempt to carry on, or practice the bussness or occupation mentioned in section one of this article without being duly licensed therefor, as provided in the fore¬ going sections, he shall, on conviction, be fined in a sum of not less than ten dollars nor more than one hundred dollars for each offense. article v. peddlers. Section Section 1. No person to peddle without license. 3. This article not to apply to persons 2 Licenses, how granted, may be revok- coming to city to sell produce, etc., ed when ; to set forth kind of goods, or to colporteurs, etc. Section 1. Any person or persons who shall pursue the occupa¬ tion or business of a hawker or peddler within this city without * Original Ordinance passed May 25, 1860, amended by revision. LICENSES. 113 first having obtained a license therefor, as hereinafter provided, shall forfeit and pay to said city, for each and every offense, a sum not less than ten dollars nor more than one hundred dollars. Sec. 2. The Mayor is hereby authorized, in his discretion, to order the issuing of a peddler’s license, to any person applying therefor, upon the payment of not less than at the rate of twenty- four dollars per year, nor more than at the rate of one hundred dol¬ lars per year; and no such license shall be granted for a term less than three months at such rates; and for a less time than three months, no such license shall be issued at a less rate than fifty cents per day. Every applicant for a license under this article shall state the kind and aggregate value, as near as may be, of the goods, merchandise, or articles desired to be peddled, and also the mode of conveyance of the same, whether by cart, trunk, wagon, or other¬ wise ; and the license issued shall also set forth such description and mode of conveyance. All licenses granted pursuant to the provisions of this article may be revoked by the Mayor, in his discretion, for any improper conduct on the part of the person so licensed ; and any person licensed, pursuant to the provisions of this article, who shall be guilty of any fraud, cheat, misrepresentation or imposition while acting in such capacity, or who shall peddle any other kind of goods, merchandise or article, or use any other mode of convey¬ ance than that specified in his license, shall on conviction thereof, be*suhject to a fine of not less than five dollars nor more than one hundred dollars. Sec. 3. This article shall not be so construed as to apply to any person or persons coming into this city with teams or otherwise with any produce for market; or to any person selling any vege¬ tables, berries, or the produce of their own farms or premises ; or to any person selling fruit, nuts, cakes, refreshments or bread; or to colporteurs or other persons selling only bibles, or the publications of any bible, tract or other religious society. 15 114 ordinances. ARTICLE VI. TORTERS AND RUNNERS. Section Section 1. Nohotel keeper to solicit patronage 3. Penalty for violating this article; at railroad stations without license. Mayor authorized in his discretion 2. Licenses, how granted ; bond to bo to revoke licenses granted under given,how conditioned. this article. Section 1. No keeper of any tavern, hotel, or house of public entertainment in this city, shall by himself, bis porter, runner or agent, in any manner solicit or ask for the patronage or custom of any traveler or other person for such tavern, hotel or house, at any railroad depot or station in said city, unless such keeper of such tavern, hotel or house, shall first have obtained a license, as herein¬ after provided. Sec. 2. The Mayor is hereby authorized to order the issuing of a license to the keeper of any tavern, hotel, or house of public enter¬ tainment in this city to solicit, by himself, his porter, runner or agent, the patronage of travelers or other persons for the tavern, hotel, or house of entertainment kept by him, at any railroad depot or station in said city, upon payment of the sum of ten dollars per annum, and executing an instrument in writing, with one or more securities, to he approved by the City Clerk, by which the person applying for license and his suretiesshall jointly and severally agree to pay to the city of Freeport, or to such person or persons as may he entitled thereto, all penalties, fines, forfeitures and damages that may be incurred or caused by said applicant, his porter, runner or agent, by or for reason of any violation of any ordinance or law by the said applicant, his porter, runner, or agent, or for any act or thing done or omitted by them, while soliciting patronage as afore¬ said : Provided, That such keeper of a tavern, hotel or house of public entertainment, his porter, runner or agent, when engaged in soliciting patronage, as aforesaid, shall wear, conspicuously in front of his cap or hat, or on his breast, a badge, with the name of the hotel or house for which he is acting, painted or engraved in legible characters thereon: And Provided, farther. That hut one person shall be entitled, at the same time, to act as runner, or to solicit custom, for any hotel or public house in this city. Sec. 3. Any person who shall violate any of the provisions of this article; or who shall wear a badge, as hereinbefore provided for, without having first obtained a license, or being employed as the porter, runner or agent of one who has a license ; or who, not being so employed, shall, .with or without a badge, act as the porter, run¬ ner or agent of any such tavern or hotel keeper for the i>urpose LICENSES. 115 aforesaid, shall forfeit and pay to said city a sum of not less than five dollars nor more than lifty dollars for each offense, and if licensed, shall moreover be liable to have his license revoked by the Mayor, who is hereby authorized, in his discretion, for good cause, to revoke such license. ARTICLE VII. SHOWS AND EXHIBITIONS.* Section Section I. No person to exhibit shows of any 2. Licenses, condition of granting un* kind without a license; concerts der this article, given by citizens exempt. 3. Licenses shall specify object, etc. Section 1. Any person or persons who shall own, conductor manage for gain within this city, any theater, circus, caravan or other exhibition, show or amusement, or who shall exhibit any natural or artificial curiosities, or panoramic or other show or device of any kind, or who shall give any concert or other musical enter¬ tainment, without first having obtained a license therefor, as here¬ inafter provided, shall forfeit and pay to said city, for each offense, a sum not less than ten dollars nor more than one hundred dollars: Provided, That for musical parties or concerts, and exhibitions of paintings or statuary, given or made by the citizens of this city, no license shall be required. Sec. 2. The Mayor is hereby authorized, in his discretion, to order the issuing of a license to any person or persons for any of the objects and purposes contemplated in the foregoing section, upon the payment of such sum as the Mayor shall determine in each particular case: Provided, That not less than two dollars for each show, concert or other exhibition shall be paid for license in any case: And Provided, farther, That for the exhibition of any circus, the s\nn assessed for license shall be, for one exhibition not less than fifteen dollars nor more than twenty-five dollars, for two exhibitions, not less than twenty-five dollars nor more than forty dollars, and for each additional exhibition ten dollars. Sec. 3. All licenses issued under the provisions of this article shall specify the object and length of time, or number of exhibitions for which the same shall have been respectively granted. * Original Ordinance passed September 30,1857, amended by revision. 116 ORDINANCES ARTICLE VIII. SPIRITUOUS AND MALT LIQUORS. Section Section 1. Licenses for sale of spirituous liquors 5. Forbidding sale of liquors to habit- liovv granted; bond lobegiven; con- ual drunkards, or persons in intoxi- dition of bond. cated condition. 2. Licenses for the sale of ale, etc., how G. Authorizes Mayor or Council to for- granted; bond to be given; condition bid sale of liquors to specified per- of bond. sons. 3. Licenses how assignable; when to be 7. Penalty for violation of last two sec- dated ; Mayor may revoke; when to tions. expire. 8. Selling liquors to minors prohibited. 4. Penalty for selling liquor, etc., with¬ out license; this article not to apply to druggists. Section 1.* The City Council is hereby authorized to grant license for the sale of spirituous, vinous, fermented and intoxicating liquors, to any person who shall apply therefor to the City Council in writing, upon such person executing to the city of Freeport a bond, with at least two sureties, to be approved by the Mayor, in the penal sum of five hundred dollars, conditioned that the party so licensed shall faithfully observe and keep all ordinances heretofore passed or to be passed during the period of such license; and that he will not keep-open his bar or place for the sale of such liquors, nor sell, give away, or in any manner deal in, by himself, servant, or any other person, any spirituous, vinous, or mixed, fermented or intoxicating liquors on Sunday ; and that he will prohibit all gaming by means of any cards, dominoes, dice or other articles for playing games of luck or chance, and paying for the use of said city at the rate of one hundred dollars per annum. On compliance with the foregoing requirements, a license shall be issued to the applicant which shall authorize the person or persons therein named to sell, barter, give away and deliver wines and other liquors, whether vinous, ardent or fermented, in quantities less than one gallon, in the place designated in the application. , Sec. 2.f The City Council is hereby authorized to grant licenses for the sale of ale, lager bier and other malt liquors which are not distilled, to any person who shall apply therefor, in writing, to the City Council, upon such person executing to the city of Freeport a bond, with at least two sureties, to be approved by the Mayor, in * Ordinances concerning I he sale of spirituous liquors passed June 15, 1855, September 29,18.35, Janu iry 14, 1353, May 7,133J, September 1, 1332, August 24, l c 64 and December 7,1H»7. t Original Ordinance passed February 1G, 1857, and amended by revisii ns of 1857 and 1368. LICENSES 117 the penal sum of five hundred dollars, conditioned that the party so licensed shall faithfully observe and keep all ordinances relating to licensed grocers, and that he will not keep open his bar, saloon, or place for the sale of such ale, lager bier, or other malt liquors, nor sell, give away, or in any manner deal in by himself, servant or any other person, any ale, lager bier or other malt liquors, upon Sunday; and that he will not sell, give away, or in any manner deal in, by himself, servant, or any other person, any spirituous, vinous, dis¬ tilled, or other intoxicating liquors, except ale, lager bier and other malt liquors, for the sale of which he may be licensed ; and that he will prohibit all gaming in his saloon or place for the sale of such liquors, and paying for the use of said city at the rate of seventy- five dollars per annum. On compliance with the requirements of this section, license shall be issued to the applicant, which shall authorize the person or persons therein named to sell, barter, gi ve away, and deliver ale, lager bier and other malt liquors which are not distilled, in quantities less than one gallon, in the place designated in the application. Sec. 3. No license issued pursuant to the provisions of this article shall be transferred or assigned without the permission of the City Council. Licenses issued by virtue of this article shall be dated as of the day of application ; and any license so granted may be revoked upon written notice by the Mayor, whenever it shall appear to his satisfaction that the party so licensed shall have viola¬ ted any provision of any ordinance relating to spirituous liquors or any condition of the bond given as aforesaid. All licenses issued pursuant to the provisions of this article shall expire on the last day of August in each year, and at no other time. Sec. 4. Any person who shall hereafter have or keep any tavern, grocery, ordinary, victualing or other house or place, within this city, for the selling, giving away, or in any manner dealing in any vinous, spirituous, ardent, intoxicating or fermented liquors in quantities less than one gallon; or who, by himself, his agent or servant, shall sell, give away, or in any manner deal in any vinous, spirituous, ardent or fermented liquors in less quantity than one gallon, without having first obtained a license authorizing him so to do, in pursuance of this article, shall, for each offense, forfeit and pay to said city a sum not iess than ten dollars nor more than one hundred dollars: Provided, That druggists or persons whose chief business it is to sell drugs and medicines, shall not be deemed to be within the provisions of this article, in selling any of said liquors in quantities less than one gallon, for purposes purely mechanical, medicinal or sacramental. Sec. 5. It shall not be lawful for any person holding any license issued pursuant to the provisions of this article, either by himself or herself, or his or her agent or servant, to sell, give or furnish, or 118 ORDINANCES. cause or suffer to be sold, given or furnished, upon his or her premises, any spirituous, vinous, fermented, or intoxicating liquor, or any ale, beer, or malt liquor, to any habitual drunkard, or to any person, who at such time is in an intoxicated condition. Sec. G. Whenever it shall, in the opinion of the Mayor or City ; Council of this city, be for the public welfare so to do, it shall be lawful for said Mayor or City Council to serve, or cause to be served, upon any or all persons holding licenses for the sale of spirituous or malt liquors, issued pursuant to this article, a notice in writing signed by said Mayor, or by any two members of said City Council, forbidding the holder of such license from selling, giving or furnish¬ ing, to\he person named in such notice, any liquor of any kind, during the continuance of such license, and from and after the service of such written notice, it shall not be lawful for the holder of such license during the continuance of the same, either by him¬ self or herself, or by his or her agent or servant, to give, sell or furnish, any spirituous or intoxicating liquor of any kind, or any ale, beer, or malt liquor, to the person named in such notice, or to any other person, knowing it to be for the use of the person named in such notice, or knowingly suffer or allow the person named in such notice to procure, in any manner, any such liquor, ale or beer, from the premises of such holder of said license. 5 Sec. 7. Any person who shall violate any of the provisions of either of the two foregoing sections, shall, on conviction, be fined in a sum not less than ten dollars, nor more than one hundred dollars for each offense, and shall, in addition to such fine, forfeit all privileges under his or her said license, and the same may be revoked by the Mayor or City Council. Sec. 8. If any person holding any license issued pursuant to the provisions of this article, shall sell, give or furnish, either by himself, herself, or his or her agent, any spirituous or malt liquors in quantities less than one gallon, to any minor, without consent or order of the parent or guardian of such minor, such person so offend¬ ing shall, on conviction, be fined in a sum not less than ten dollars nor more than one hundred dollars for each offense. MISDEMEANORS. 119 CHAPTER XV. MISDEMEANORS. An Ordinance concerning offenses i.n the nature of misdemeanors.* ARTICLE I. OFFENSES AGAINST GOOD MORALS, AND PUBLIC WELFARE. “ It. OFFENSES AFFECTING PUBLIC SAFETY. “ III. OFFENSES AFFECTING PUBLIC PEACE AND QUIET. “ IV. OFFENSES AFFECTING STIIEE l'S AND PUBLIC PROPERTY. ARTICLE I. OFFENSES AGAINST GOOD MORALS, AND PUBLIC WELFARE. Section Section 1. Tippling houses not to be opened and liquors not to be sold on the Sab¬ bath. 2. Billiards, games etc., not to be play¬ ed on the Sabbath; fishing on the Sabbath prohibited. 3. Bathing in tlie Pecatonica river in certain plai es prohibited. 4. Indecent exhibitions of horses pro¬ hibited. 5. Houses of ill fame, etc., prohibited. 0. Indecent exposure and conduct, lewd books, etc., prohibited. 7. Cruelty to animals, how punished. 8. Intoxication and drunkenness pro¬ hibited; intoxicated persons to be arrested, and how punished. 9. Gaming, how punished. 10 Keepers of gaming houses and dis¬ orderly bouses how punished. 11. Mayor, Aldermen and Police officers authorized to enter houses of ill- fame, gaming houses, etc., p nalty for resisting officers acting under this section. 12. Gift sales proli ibited. 13. 1 2 3 4 5 * 7 eddling on railroad cars prohibited. 14. Vagrancy, how punished. Section 1. Be it Ordained by the City Council of the City of Freeport , That if any person .shall keep open any tippling house on the.Sabbath day or night, or shall keep open any bar or place where intoxicating drinks or spirituous liquors are or may be kept, or shall sell or offer to sell or retail any intoxicating drinks or spirituous liquors on the Sabbath day or night, or shall keep a common, ill- governed or disorderly house, every such person shall, on conviction thereof, be fined in a sum not less than ten dollars nor more than one hundred dollars. * Original Ordinance passed May 1(1,1.S55, and amended by revisions of 1857 and 1858. 120 ORDINANCES. Sec. 2. If any person within this city shall, on the Sabbath day or night, play at billiards, bagatelle or ten pins, or shall on that day or night, play at any game or amusement in any highway, street, alley, public ground or other public place, or shall on that day angle or tish in the Pecatonica river by means of hook and line, seine or other manner, every such person shall, on conviction, be fined in a sum not exceeding one hundred dollars and not less than ten dollars. Sec. 3. If any person shall swim or bathe in the Pecatonica river at any point or place between the bridge across said river at the terminus of Wisconsin street and a line across said river opposite the terminus of Kickapoo street, every such person shall, on con¬ viction, be fined in a sum not less than one dollar nor more than twenty dollars. Sec. 4. No person or persons shall indecently exhibit any stud horse, or let any such horse to any mare or mares within the limits of this city, unless in some enclosed place, out of public view. Any person or persons guilty of so exhibiting any stud horse, or of letting any stud horse to any mare or mares, unless out of public view, as aforesaid, shall, on conviction, be fined in a sum of not less than five dollars nor more than fifty dollars. Sec. 5. Any person who shall be guilty of keeping or maintain¬ ing, or shall be an inmate of, or in any way connected with, or in any way contribute to the support of, or be found staying at any house of ill-fame, or knowingly own or be interested as proprietor or landlord of any such house, shall, on conviction, be lined in a sum not less than ten dollars nor more than one hundred dollars, and in the further sum of ten dollars for every twenty-four hours the said house shall be continued after the first conviction, or after any such person shall be ordered by any member of the City Council, the City Marshal, or any Police officer, to restrain, suppress or discontinue the same. Sec. 0. If any person shall appear in any public place within this city in a state of nudity, or in a dress not belonging 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, or shall exhibit, sell or offer to sell any indecent or lewd book, picture or other thing, or shall exhibit or perform any indecent, immoral or lewd play or other representation, every such person, on conviction, shall be fined in a sum not less than ten dollars nor more than one hundred dollars. Sec. 7. If any person shall inhumanly, unnecessarily or cruelly beat, injure or otherwise abuse any dumb animal, every such person shall, on conviction, be fined in a sum not less than five dollars nor more than fifty dollars. MISDEMEANORS 121 Sec. 8. If any person shall be drunk, or shall be in a state of intoxication in any highway, street, thoroughfare or other public place within this city ; or in any private house or place to the annoy¬ ance of any citizen or person, every such person shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in a sum not exceeding twenty-five dollars, and not less than one dollar ; and the City Marshal and all Police officers of said city are hereby authorized and empowered, and it is hereby made their duty, to arrest, or cause to be arrested, with or without process, any person found violating the provisions of this section and commit such per¬ son to the county jail until sober, at which time, or as soon there¬ after as may be, such person shall be taken before the Police Magistrate to be dealt with according to law. Sec. 9. If any person shall set up, have or keep any keno table, faro bank, shuffle board, bagatelle, playing cards, or any other instrument, device or thing whatever, whereon or with which any money, liquor or other article shall in any manner be played for ; or if any person shall play any game of chance for money or other valuable thing ; or shall play for money or other valuable thing at any game, with cards, dice, or with any other article, device or thing whatever, tvhich may be used for the purpose of playing or betting upon, or winning or losing money or other property, or shall bet on any game others may be playing, every person so offending shall, on conviction, be fined in a sum not less than ten dollars and not exceeding one hundred dollars. Sec. 10. If any person shall keep a disorderly or gaming house, or shall permit or suffer any faro bank, keno table or other instru¬ ment or device whatever used for playing games of chance, to be set up and used, whereby any game of chance shall be played for money or other article of value, in any building or tenement in his posses¬ sion or under his control, every such person shall, on conviction, be fined in a sum not less than ten dollars nor more than one hundred dollars. Sec. 11. If the owner or keeper of, or any person within any gambling house or room, any disorderly house, or house of ill-fame, within this city, shall refuse to permit the Mayor, any Alderman, the City Marshal or any Police officer to enter the same, it shall be lawful for the officers in this section before named, to enter the same or cause the same to be entered by force, by breaking the doors or otherwise, and to arrest, with or without warrant, all suspicious per¬ sons found therein. Any person obstructing or resisting the Mayor, any Alderman, the City Marshal or any Police officer in the per¬ formance of any act authorized by this section, shall be fined in a sum not exceeding one hundred dollars and not less than ten dollars. 16 122 ORDINANCES. Sec. 12.* It shall not be lawful for any person or persons, within said city, to sell, give away, or dispose of in any manner whatever, any ticket, figure, number, character, envelope or device, for, in, or relating to any prize, gift, present, gift sale, gift enterprize, gift dis¬ tribution, or for any thing of the like name or nature, where money or other property of any kind, is directly or indirectly pledged, paid, or used in any way, for any share or chance of participation in the same, or where any number, figure, character, device, gift, present or donation is to be drawn, disposed of or received by any person, in any maimer whatever; and any person convicted of a violation of this section, shall be fined not less than twenty-five dol¬ lars nor more than one hundred dollars for each offense. Sec. 13. It shall not be lawful for any person within the limits' of this city, to sell or offer to sell by peddling or hawking on any car or cars of any railroad company, any fruit, cakes, nuts, candy or any other thing or commodity ; and any person convicted of such offense shall be fined in a sum not less than one dollar, nor more than twenty dollars for each offense. Sec. 14. All persons in this city who, being able to support themselves in any honest employment, and not having visible means to maintain themselves, shall be found loitering about saloons, places where liquor is sold, billiard rooms, houses of ill-fame, or any dis¬ reputable places, or who shall lead an idle immoral or profligate course of life, or who shall be found wandering about in said city, begging or soliciting alms, not having a fixed place of abode, shall be deemed vagrants, and shall, on conviction, be fined in a sum not less than one dollar nor more than fifty dollars for each offense. * Sec. 12, originally passed January 13, I860, amended by revision. MISDEMEANORS. 123 ARTICLE II. OFFENSES AFFECTING PUBLIC SAFETY. Section Section 1. Firearms, crackers,* squibs, etc., not 6. Draymen, etc., to chain wheels Of to be discharged. carts, etc., when. 2. Immoderate driving prohibited; ofR- 7. Sports likely to scare horses forbid- cerstostop. den. 3. Poisons sold, to be marked. 8. Vehicles meeting, to turn to the right 4. Scaffolds howto be constructed, when 9. Cellar doors, etc., on sidewalks and a nuisance. streets not to be left open; sidewalks 5. Horses not to stand unfastened. not to remain in unsafe condition. 10. Missiles not to be thrown. Section 1. And be it further ordained , That if any person shall within this city, lire or discharge any cannon, gun, fowling piece, pistol, or fire arms of any description, or fire, explode or set off any squib, cracker or other thing containing powder or other combustible or explosive material, without permission from the City Council or written permission from the Mayor, (which permission shall limit the time of such firing, and Shall be subject to be revoked by the Mayor or City Council at any time after the same has been granted) every such person shall, on conviction, be fined in a sum not less than one dollar and not exceeding ten dollars. Sec. 2. If any person shall immoderately ride or drive any horse in any avenue, street, alley or lane within the limits of this city, every such person shall, on conviction, be fined in a sum not less than one dollar nor more than ten dollars. And it is hereby made the duty of the City Marshal and all Police officers, and it shall be lawful for any citizen, to stop any person who may be immoderately riding or driving as aforesaid. Sec 3. If any person shall vend, give or deliver, within this city, any deadly poison, knowing the same to be such, without marking the same in legible characters “ poison,” every such person shall, on conviction, be fined in a sum not exceeding five dollars. Sec. 4. All scaffolds erected in this city for use in the erection of stone, brick or other buildings, shall be well and safely supported and of sufficient width and properly secured, so as to insure the safety of persons working thereon, or passing under or by the same, against the falling thereof, or of such materials as may be used, placed or deposited thereon. Any scaffold which may be otherwise erected shall be deemed a nuisance; and any person who shall erect or use, or cause to be erected or used, any scaffold contrary to the provisions hereof, shall be subject to a fine of not less than two dol¬ lars and not exceeding one hundred dollars, and to a like fine for every day the same shall remain after notice to remove. 124 ORDINANCES. Sec. 5. If any person shall leave any horse, horses or other animals attached to any carriage, wagon, cart, sleigh, sled or other vehicle, in any street, avenue, alley or lane within this city, without securely fastening such horse, horses or other animals, every such person, on conviction, shall forfeit and pay to said city a sum not less than one dollar nor more than ten dollars. Sec. G. Every truckman, drayman, or cartman shall have a strong chain attached to the body of his truck*, dray or cart, which shall be made fast to one of the wheels whenever the horse in such dray, truck or cart shall be left standing alone in any street, avenue, alley or lane in this city, under a penalty of one dollar for each offense. Sec. 7. Any person who shall use any sport or exercise likely to scare horses, injure passengers, or embarrass the passage of vehicles, shall forfeit and pay to said city, for each offense, not less than one dollar nor more than twenty dollars. Sec. 8. In all cases of persons meeting each other in vehicles in any highway or thoroughfare, or upon or near any bridge within this city, each person so meeting shall in all cases turn off and go to the right side so as to enable each vehicle to pass without accident. Whoever shall violate this section shall be subject to a fine of not less than one dollar nor more than twenty-five dollars. Sec. 9. Any person who shall leave or keep open any cellar door, pit, vault, or other subterraneous opening on any highway or sidewalk, or shall suffer the same to be left or kept open, or to be in an insecure condition so that passers-by will be in danger of falling into such cellar, pit, vault or other subterraneous opening, or who shall suffer any sidewalk in front of the premises owned or occupied by him to become or continue so broken as to endanger life or limb, shall, on conviction, forfeit and pay to said city a sum not less than one dollar nor more than one hundred dollars. Sec. 10. No person shall throw any stone or any other missiles upon or at any building, tree, or other public or private property, or upon or at any person in any street, public place or inclosed or unin¬ closed ground, under a line, for each offense, of not less than one dollar nor more than twenty-five dollars. MISDEMEANORS. 125 a ARTICLE III. OFFENSES AFFECTING PUBLIC PEACE AND QUIET. Section Section 1. Riots, disturbances, and the use of 4. Religious worship and schools not to profane and obscene language pro- be molested. hibited. 5. Disturbance of any lawful assem- 2. Two or more persons assembled to do blage prohibited. an unlawful act, and persons present 6. False alarms of fire how punished. not endeavoring to prevent such act, 7. The ringing of bells, etc., to attract how punished. people to auctions, etc., prohibited. 3. Persons not to collect in crowds for 8. Grocers and inn-keepers not to suffer unlawful purposes. drunkenness or disorderly conduct on their premises. Section 1. And be it further ordained, That if any person shall in this city make, aid, countenance or assist in making any improper noise, riot, disturbance or breach of the peace, or shall use profane, obscene or offensive language, calculated to provoke a breach of the peace, every such person shall, on conviction, be fined in a sum not less than one dollar nor more than fifty dollars. Sec. 2. Any two or more persons who shall assemble together in this city, with an intent to do an unlawful act, or being assembled, shall mutually agree to do an unlawful act, with force or violence, against the property of this city, or the person or property of another, or against the peace, or to the terror of others, and shall make any movement or preparation therefor ; and every person present at such meeting or assembly, who shall not endeavor to prevent the commission or perpetration of such unlawful act, shall, on convic¬ tion, be severally fined in a sum not less than two dollars, nor more than fifty dollars for each and every offense. Sec. 3. All persons who shall collect in bodies or crowds for unlawful purposes, or for any purj)ose, to the annoyance or disturb¬ ance of citizens or travelers, shall be severally subject to a fine of not less than one dollar nor exceeding fifty dollars. Sec. 4. If any person shall disquiet or disturb any congregation or assembly met for religious worship, or any public or private school, by making a noise, or by rude and indecent behavior, or profane discourse within their place of meeting, or so near the same as to disturb the order or solemnity thereof, every such person shall, on conviction, be fined in a sum not less than two dollars nor exceeding fifty dollars. ' Sec. 5. If any person shall disturb any lawful assemblage of people, by rude and indecent behavior or otherwise, every such per¬ son shall, on conviction, be fined in a sum not exceeding fifty dollars. 126 ORDINANCES Sec. 6. If any^person shall willfully give or make, or cause to be given or made a false alarm of fire, every such person shall, on conviction, be fined in a sum not exceeding twenty-five dollars. Sec. 7. If any person shall employ any bellman, or use or cause to be used any bell, horn or bugle, or other sounding instrument, or shall employ any loud noise or offensive device or performance as a means of attracting people to an auction, or for any purpose whatso¬ ever, every such person, on conviction, shall be fined in a sum not less than one dollar nor more than twenty-five dollars. Sec. 8. Any grocer, inn-keeper or other person who shall keep any common, ill-governed or disorderly house, or who shall suffer any drunkenness, quarreling, fighting, unlawful games, or riotous and disorderly conduct whatever on his premises, shall be subject to be fined in a sum not exceeding fifty dollars and not less than five dollars; and if licensed, shall be subject, on conviction, to a forfeit¬ ure of his license, to be entered in every case as part of the judgment. ARTICLE IV. OFFENSES AFFECTING STREETS AND PUBLIC PROPERTY. Section Section 1. Digging holes in streets, etc., forbid- G. Horses not to be fastened to shade den. trees, lamp posts, etc.; punish- 2. Earth, etc., not to be removed from inept for injuring shade trees, fences. streets, etc., without permission. etc. 3. Persons injuring sidewalks, pave- 7. Persons injuring bridges, engine ments, etc., how punished. houses, etc., how punished. 4. Persons constructing or repairing 8. 'Willful injury to fences, walls and pavements, etc., not to be obstructed. buildings; how punished. 5. Contractors, etc., making excavation in streets to fence the same at night. Section 1. And be it further ordained, That if any person or persons shall dig, or cause to be dug, any hole, drain or ditch in any street or alley in this city without first having obtained a written permission from a member of the City Council or the Street Com¬ missioner, every such person, on conviction, shall forfeit and pay to said city a sum not less than one dollar nor exceeding twenty-five dollars. * « Sec. 2. If any person or persons shall, without having first obtained permission from the Street Commissioner or an Alderman of the ward in which the same may be, dig, remove or carry away ? MISDEMEANORS. 127 or cause or procure the same to be done, any sod, stone, earth, sand or gravel, from any street, alley, or public ground in this city, every such person, on conviction, shall be fined, for each offense, in a sum not less than five dollars nor more than twenty-five dollars, and every load or parcel removed shall be deemed a separate offense. Sec. 8. If any person shall injure or tear up any pavement, side or crosswalk, drain or sewer, or any part thereof, or shall dig any hole, ditch or drain in any street, pavement, or sidewalk, or cause the same to be done, without due authority, every such person shall, on conviction, forfeit and pay to said city a sum not less than one dollar nor more than fifty dollars. Sec. 4. If any person shall hinder or obstruct the making or repairing of any pavement, side or crosswalk, which is or may be in course of construction pursuant to any ordinance, resolution or order of the City Council, or shall hinder or obstruct any person employed by the City Council, or the Street Commissioner, or the person employed by him, in making or repairing any public improvement or work ordered by the City Council, every such person shall, on conviction, be fined for each offense in a sum not less than ten dollars nor exceeding fifty dollars. Sec. 5. No city officer, contractor, or other person in this city, shall make any excavation, or dig any hole, drain or ditch in any highway or thoroughfare without providing during the night a temporary fence or suitable obstruction around or in front of the same, in order to prevent persons, animals, or vehicles from falling into the same; and every person offending against the provisions of this section shall forfeit and pay to said city, for each and every offense, a sum not less than two dollars nor more than fifty dollars. Sec. 6 . If any person shall hitch or fasten any horse or other animal to any ornamental fence or railing, or to any ornamental or shade tree, or to any lamp post, or shall injure or destroy any orna¬ mental or shade tree, shrub, lamp post, fence or railing, in or upon any public ground, street, alley, or other public place, or upon any private premises, every such person shall, on conviction, be fined in a sum not less than two dollars nor exceeding one hundred dollars. Sec. 7. If any person shall injure or destroy, or assist in injur¬ ing or destroying, any bridge or its appurtenances, or any fire engine house, or other public building or property belonging to the city, every such person shall, on conviction, be fined in a sum not exceed¬ ing five hundred dollars, and shall be subject to the payment of all damages. Sec. 8.* If any person shall willfully, or maliciously, in any way cut, deface, damage or mark, by writing or otherwise, any fence * Sec. 8. originally passed September 19,1805, amended by revision. 128 ORDINANCES. or wall enclosing either public or private property; or shall willfully or maliciously cut, damage, or deface, or in any way injure any bridge, or any part thereof, or any inside or outside wall of any building, either public or private in this city; or shall willfully or maliciously, cut, mark, mar, or damage in any way, any pew, seat, desk, table, chair, or any of the furniture or fixtures in, or belong¬ ing to any building, house or place, either public or private, in this city, every such person, not having at the time the legal right to do the same, shall, on conviction, be fined in a sum not less than three dollars nor more than one hundred dollars for each offense. NUISANCES. 129 CHAPTER XVI. NUISANCES. An ordinance concerning nuisances.* ARTICLE I. “ II. “ III. NUISANCES GENERALLY. OF MARKETS. SLAUGHTER HOUSES, ETC. OF HORSES, HOGS, ETC.. RUNNING AT LARGE. ARTICLE I. NUISANCES GENERALLY. Section Section 1. The keeping of h >gs, w lea a nui- iO. H nv privies shall be constructed ; sance: the author of, how pun¬ ished. 2. Hand-bills posted in certain cases deemed a nuisance; offense how punished. 3. Cellars, vaults, etc., not to be suffered to become offensive ; penalty. 4 . Distillers, etc., not to discharge nau¬ seous substance into streets, etc. 5. Penalty for keeping premises in of¬ fensive condition. 6. Putrid substance to be kept and used, etc. 7. Soap factories, etc., not to be allowed to become nauseous. 8. Dead animals not to be suffered to remain in the city, etc. !*. Persons not to throw offensive mat¬ ter in the streets, etc., nor allow filth to remain on or in front of premises. penalty for violation. 11. Stables, hog pens or privies not to be located within ten feet of “branch;” penalty. 12. No filth to be thrown into the “ branch penalty. 13. Officers to abate nuisances, may en¬ ter stores and dwellings, to drain s-tagnant water, etc. 14. Officers to notify owners to abate nuisances; notice how served, to contain what; penalty for refusal to abate nuisance; officer when to abate nuisance; expenses of abating nuisance to be reported to the City Council, etc.; the same how collected. 15. Expenses for abating nuisances, when not chargeable to owner of real estate, how collected. 16. Mayor when to abate nuisances summarily. Sec. 1. Be it ordained by the City Council, of the city of Free¬ port , That any pen, place or premises in or upon which more than ten hogs, shoats and pigs shall be confined or kept at any one time ; * Original Ordinance passed April 17,1855, and amended.by revisions of 1857 and 1868. 17 130 ORDINANCES. ancl any pen, place or premises in which a less number of hogs, shoals and pigs than ten shall be so kept as to be offensive or an an¬ noyance to any person, are hereby severally defined and declared to be nuisances; and any person who shall own or keep or use any pen or pens, place or premises in either case so as to be a nuisance under the provisions of this section, shall be deemed the author of such nuisance, and, on conviction, shall be fined in a sum not less than two dollars and not more than twenty-five dollars, and in the sum of three dollars for every day he shall fail or refuse to abate such nuisance after being notified by any city officer to abate the same. Sec. 2. Any hand-bill or placard of any description which shall be stuck or posted upon any public or private house, store or other building, or upon any fence or other premises, without permission from the owner or occupant of the same, is hereby defined and de¬ clared to be a nuisance ; and any person who shall post or stick or shall aid or assist in posting or sticking any hand-bill or placard so as to be a nuisance within the meaning of this section, shall be deemed to be the author of such nuisance, and, on conviction shall be fined in a sum not less than one dollar and not more than fifteen dollars. Sec. 3. If any person shall suffer or permit any cellar, vault, private drain, pool, privy, sewer or grounds upon any premises be¬ longing to or occupied by him to become nauseous, foul, offensive or injurious to the public health, he shall be subject to a fine of not less than five dollars, and not exceeding fifty dollars in every case, and to a like fine for every forty-eight hours the same shall con¬ tinue after notice, given by any city officer or any one interested, to remove and abate such nuisance. Sec. 4. Any distiller, tanner, brewer, soap boiler, tallow chand¬ ler, livery stable keeper, inn-keeper, or other person, who shall, by himself or by another, discharge out of, or permit to flow from, any still house, work-shop, manufactory, livery stable, or other house or place, any foul or nauseous liquor, or substances of any kind whatever, into or upon any adjacent ground or lot, or into any street, * alley or any other public place, shall, on conviction, be fined in a sum not less than three dollars, and not more than fifty dollars, and in the further sum of five dollars for every twenty-four hours such nuisance shall continue after notice to abate the same. Sec. 5. If any person shall own, occupy, or keep any grounds or other premises in such condition as to be offensive and a nuisance, such person, on conviction, shall be fined in a sum not less than three dollars, nor more than fifty dollars, and in a like sum for every twenty-four hours such nuisance shall continue after notice to abate the same. NUISANCES. 131 Sec. 6. Any soap boiler, tallow chandler, or other person who shall keep, collect, or use, or cause to be kept or used, any stale, pu¬ trid, or stinking fat, grease, or other matter, shall be subject to a penalty of not less than two dollars nor more than twenty-five dol¬ lars for each offense. Sec. 7. Any owner or occupant of any tallow chandler’s shop, soap factory, tannery, distillery, brewery, livery stable, or barn, who shall suffer the same to become nauseous, foul or offensive, shall, on conviction, be fined in a sum not less than five dollars nor more than one hundred dollars in every case. Sec. 8. If any person shall allow or suffer any horse, ox, or other animal belonging to him or in his charge, which may come to its death in any manner, to lie in or upon any street, alley, or other ground or place, public or private, every such person shall, on con¬ viction, be fined, for each offense, in a sum not less than two dollars nor more than ten dollars. Sec. 9. If any person shall hereafter throw, place, or conduct, or suffer his or her servant, child or family to throw, place or conduct, into any street, alley or lot, any putrid or unsound beef, pork, fish, hides or skins of any kind, or any filth, offal, dung, dead animal, vegetables, oyster shells, or other unsound or offensive matter whatever, or anything likely to become offensive, or shall allow such filth, offal, dung, or other offensive matter as aforesaid to be or re¬ main upon his premises, or in any out house, stable, privy or other place owned or occupied by him, or any alley or street in rear or in front of such premises, in such manner as to be offensive, every such person shall be deemed the author of a nuisance, and, on con¬ viction, shall be fined in a sum not less than two dollars, and not more than fifty dollars, for each offense. Sec. 10. No privy, or building to be used as a privy, shall be constructed within this oity, and no such building heretofore con¬ structed, shall be removed from its present location, to another within this city, unless the same be placed over a vault, not less than five feet deep under ground, walled up with brick or stone, or cur¬ bed with plank, not less than two inches thick ; and any person who shall own or erect, or aid in the erection of, or cause to be erect¬ ed within this city, or shall permit any such building or privy to be used for such purpose on any ground owned or occupied by such person, contrary to the provisions of this section, shall be deemed the author of a nuisance, and, on conviction, shall be subject to a.fine of not less than five dollars, nor more than fifty dollars for each offense, and in alike fine for every forty-eight hours after notice, that the same remains unabated. Sec. 11. No stable, hog or pig pen, or privy or structure, or other building, to be used as a stable, hog pen or privy, shall be erected within a distance of ten feet from either bank of the small stream 132 ORDINANCES. known as “ 4 the branch ” running through the second and third wards of this city ; and no such structure or building now existing, or hereafter constructed, shall be removed unless the same shall be removed to a location more than ten feet distant from said branch, and any building or structure erected, built or removed contrary to the provisions of this sec- ton, is hereby declared and defined to be a nuisance ; and any per¬ son who shall erect, construct or remove, or cause or suffer to be erected, constructed or removed, on any premises owned or occu¬ pied by such person, any such structure or building in violation of the provisions of this section shall be deemed the author of such nui¬ sance, and, on conviction, shall be fined in a sum not less than five dollars, nor more than fifty dollars, and in the additional sum of five dollars for every day after conviction that he or she shall fail to abate such nuisance. Sec. 12. If any person shall throw or place, or cause or suffer his or her servant, child or any member of his or her family, to throw or place any decaying vegetables, garbage, putrid meat, dead animal, offal, dung or any oth^r filth or any other offensive matter into said “ branch” mentioned in the foregoing section, or shall suffer such filth or offensive matter to remain in said branch on his or her premises for twenty-four hours after being notified by the Mayor or City Marshal to remove the same, such person shall be deemed to be the author of a nuisance, and,on conviction, shall be lined in a sum not less than one dollar, nor more than twenty-five dollars for each offense. Sec. 13. For the purpose of carrying the foregoing provisions into effect, it shall be the duty of the Street Commissioner,City Mar¬ shal, and such other officers as may be directed or deputed by the City Council or Mayor, from time to time, to ascertain and cause all nuisances declared to be such by this ordinance, to be abated, and each and all of said officers shall have power at all times be¬ tween the rising and the setting of the sun, to enter into any store, house, stable, or any building, and to cause the floors to be raised if he or they shall deem it necessary, in order to a thorough examination of cellars, vaults sinks, or drains; to enter upon all lots or grounds, and to cause all stagnant waters to be drained off, and pools, sinks, vaults, or low grounds to be cleansed, filled up, or otherwise improved or amended ; to cause all privies to be clean¬ sed and kept in good condition, and to cause all dead animals and other nauseous substances to be buried, or removed beyond the limits of the city. Sec. 14. In order to the carrrying out of the provisions of the foregoing section it shall be the duty of the Street Commissioner, City Marshal, or such other officer as may be directed by the City Council or Mayor to serve a notice in writing upon the owner, occu- NUISANCES. 133 pant or agent of any lot, building or premises in or upon which any nuisance may be found, or upon him who may be the owner or cause of any such nuisance, requiring him to abate the same in such manner as the officer serving such notice shall prescribe within a reasonable time: Provided, That it shall not be necessary in any case for such officer to specify in his notice the manner in which any nuisance shall be abated, unless he shall deem it advisable so to do, and if such owner, occupant or agent shall neglect or refuse to comply with the requirements of such order, within the time specified, he shall be subject to a fine of not less than two dollars nor more than fifty dollars for every such violation. And it shall be the duty of said officer to proceed at once, upon the expiration of the time specified in said notice, to cause such nuisance to be abated : Provided , That whenever the owner, occupant or agent of any premises in or upon which any nuisance may be found,is unknown or cannot be found, the said offi¬ cer shall proceed to abate the same without notice. Whenever any nuisance shall be found on any premises and abated, under the pro¬ visions of this or any other ordinance, at the expense of the city after notice to the owner or occupant of the premises, when known and can be found, to abate the same in accordance therewith, it shall be the duty of the officer to report in writing to the City Coun¬ cil the amount of such expenses, and a description of the premises in or upon which the same may be found, the name of the owner or occupant of such premises when known, and the manner of service of said notice, and thereupon suit shall be instituted in the name of the city against the owner or occupant of such premises for the re¬ covery of the expenses incurred in abating such nuisance as in the case of moneys expended to his use at his request: Provided, how¬ ever, That if the City Council so direct, said expenses shall be assess¬ ed upon the premises chargeable therewith, and collected by war¬ rant and sale of the premises. Sec. 15. In all cases arising under this or any other ordinance, where the expense of removing any nuisance cannot be made chargeable to any real estate, or the owner of any real state, notice may be given to the author of such nuisance, when known, to abate the same in the manner required by the foregoing section. And in case of his neglect or refusal to abate the same in accordance with such notice, it shall be the duty of the officer serving said notice, to cause such nuisance to be abated, and report the expenses thereof to the City Council for collection as provided in the foregoing section. Sec. 16. Whenever any nuisance whatever shall be found on any premises or elsewhere within this city contrary to any ordinance, the Mayor, in his discretion, is hereby authorized to cause the same to be summarily abated, in such manner as he may direct. 131 ORDINANCES. ARTICLE II. OF MARKETS, SLAUGHTER HOUSES, ETC. Section Section 1. No person to slaughter cattle, etc., clean and inoffensive condition. without permission. 4.Tainted and unwholesome mea t not to 2. Permission under the provision of be sold or exposed for sale; penalty this article how obtained; applicant for violating this section. to file bond ; permit how issued, 5. Tainted and unwholesome meat not may be revoked. to be steamed or rendered ; no ani- 3. Persons obtaining permits under mal substance to be boiled in such this article to keep premises in a manner as to taint air, etc. Section 1. And be it further ordained, That if any person shall slaughter, kill, or dress any cattle, calves, sheep, or swine, or steam any lard or tallow within the limits of this city ; or occupy or use any building for the purposes aforesaid, without a permit from the City Council or Mayor, to be granted in the manner hereinafter provided, every such person, on conviction, shall be fined for each offense in a sum not less than ten dollars, and not more than fifty dollars. Sec. 2. Any person desirous of obtaining a permit under the provisions of this article shall make application therefor to the City Council or the Mayor, in writing, stating the business which he is desirous of pursuing, and specifying the premises whereon the same is to be conducted. If such application shall be granted, it shall thereupon be the duty of the applicant to enter into bond, with one or more sureties, to be approved by the Mayor, in the penal sum of not less than one hundred dollars, nor more than one thousand dol¬ lars, conditioned that the said applicant will faithfully comply with all the requisitions of this article, and for the payment of all penal¬ ties which may be incurred by him for violation thereof. And upon the execution of such bond it shall be the duty of the Mayor to order the issuing of such a permit to the applicant, to be signed and sealed in the manner prescribed for licenses, which permit shall continue in force for the period of one year from and after the date thereof: Provided , That the City Council or Mayor, in their dis¬ cretion, shall have power to revoke such permit for sufficient cause. Sec. 3. No person who shall obtain a permit for any business or employment mentioned in this article, for the purpose of carry¬ ing on and conducting the same within the limits of this city, or who shall conduct or carry on any such business or employment within the limits of this city, shall permit or suffer to remain on his premises any blood, bones, offal, filth, or other matter, so that NUISAXCES 135 the same shall become offensive and unwholesome, and endanger the health, or be an annoyance to the neighborhood, but all such blood, bones, offal, or other offensive matter, shall be so disposed of, as not to become a nuisance or matter of offense to those residing in the neighborhood of his premises, and every such person shall at all times keep his premises in a clean, healthy, and inoffensive condition. Any person who shall violate any provision of this sec¬ tion shall be subject to a fine of not less than ten dollars and not ex¬ ceeding one hundred dollars for each and every offense. Sec. 4. If any person shall expose for sale in any market-house shop or elsewhere in this city, any emaciated, tainted, or putrid meat or provisions, which from these or other causes may be deem¬ ed unwholesome, every such person, on conviction, shall forfeit and pay a penalty of five dollars for each offense. Sec. 5. No person shall steam or boil, or in any way render any offal, tainted or damaged lard or tallow, or steam, boil, or render any animal substance in such a manner as to occasion any offensive smell, or which will by steaming, boiling, or otherwise rendering so taint the air as to render it unwholesome or offensive to the smell, within the limits of this city. Any person who shall violate any provision of this section, shall, on conviction, be fined in a sum, not less than ten dollars, nor more than one hundred dollars. ARTICLE III. OF HORSES, HOGS, ETC-, RUNNING AT LARGE. Section Section 1. Horses hogs, etc running at large, than fees, excess how disposed declared a nuisance? author of, how of. punished. 5. Persons releasing animals unlawful 2. Officers to take up and confine hor- ly, how punished : ses, ei c*, running at large ; when ta- 6. Persons hindering officers in dis- ken up, how released. charge of duties herein enjoined, 3. Horses, etr-, taken up to be sold and how punished. when ; officers to make leport of an- 7 . Any person may take up animals imals sold and moneys received. when; officers to receive same; how etc. proceedings in such cases. 4: When animals are sold for more Section 1. And be it further ordained, That all horses, mares, geldings, jacks, mules, sheep, hogs, shoats, geese and ducks running or being at large within this city at any time of the year, and all cows, calves, and horned cattle running or being at large in this city after nightfall, between the first day of May and the first day of 136 ORDINANCES. November of each year, are hereby severally defined and declared to be nuisances ; and any person being the owner of or having charge of and exercising acts of ownership over any of the animals above mentioned, who shall suffer the same to run or be at large, or to be found at large, contrary to the provisions of this section shall be deemed the author of nuisance, and shall, on conviction, be fined in a sum not less than two dollars, nor more than twenty dol¬ lars, for each offense. Sec. 2. It is hereby made the duty of the City Marshal and the Street Commissioner to take up and confine in a secure pen, pound or other place, to be by them respectively provided for that pur¬ pose, every animal found running at large within this city contrary to the provisions of the foregoing section and no such animal taken up and confined as aforesaid, shall be released until the owner or owners, or some other person for him or them, shall pay to the offi¬ cer having such animal in keeping the sum of one dollar as his fees for taking up or receiving and discharging or selling each and every such animal so taken up and confined as aforesaid, except that for all geese and ducks so taken up and confined such fee shall be ten cents each ; and such officer shall be likewise entitled to the further sum of fifty cents for the suitable and proper sustenance of each and every animal so taken up and confined for every twenty four hours the same shall be kept ; except that for keeping geese and ducks so taken up, such sum shall be three cents each per day ; and the owner of every such animal shall also be liable to prosecution under the provisions of section one of this article. Sec. 3. The City Marshal and Street Commissioner are hereby authorized and empowered to sell at public vendue any animal or animals taken up and confined as aforesaid at any time after the ex¬ piration of six days from the time they shall have been taken up and confined as aforesaid, the officer selling the same having given at least four days’ previous public notice of the time and place of such sale by posting at least four advertisements, one of which shall be put up at the door of the court house, another at the post office, and the other two in two of the most public places in the city ; but if said animals or any of them are redeemed, or an offer is made to redeem them by paying the officer’s fees, together with the ex¬ penses of sustenance and advertising, as aforesaid, at any time be¬ fore they are actually sold, the same shall not be sold, but shall be released by the officer having the same in keeping. The City Mar¬ shal and Street Commissioner shall render to the City Council a least once a quarter a true statement of all fees and of all moneys re¬ ceived by them respectively for animals sold by them, and the dis¬ position made by them of such money. Sec. 4. If any animal or animals sold pursuant to the provis¬ ions of this article shall be sold for more than sufficient to pay the POLICE. 137 officer’s fees and expenses hereinbefore mentioned, such excess shall be, by the officers selling the same, deposited in the city treasury, to be paid upon an order of the City Council to the owner of such animal or animals upon claim and proper proof before said Council. Sec. 5. If any person or persons shall break open, or in any manner, directly or indirectly, aid or assist in breaking open any pen or inclosure with the intent of releasing any animal therein confined pursuant to the provisions of this article, every such per¬ son, on conviction, shall, for each offense, be fined in a sum not less than ten dollars and not more than one hundred dollars. Sec. 6 . If any person shall hinder, delay, or obstruct any offi¬ cer in the discharge of any duty herein enjoined, every such person shall, on conviction, be fined for each offense not less than ten dol¬ lars and not more than one hundred dollars. Sec. 7. It shall be lawful for any person to distrain and take up any animal running at large contrary to the provisions of this article, and to deliver to the same or cause the same to be delivered over to the City Marshal or Street Commissioner, who shall re¬ ceive such animal and proceed in like manner as if the same had been taken up by himself. CHAPTER XVII. / POLICE. An ordinance establishing and regulating the Section J. Police department established. 2. Police officers to give bond. 3. Mayor to be the head of the police department ; duties of Mayor. 4. Police officers, their term of office ; fees. 5. Powers of police officers, etc., in ar¬ resting and committing offenders. C. City Marshal to be chief of acting police ; duties of Marshal. 7. Duties of police officers ; to have power to serve warrants, etc 8. Police officers punishable for fraud, extortion, partiality. police department. Section 9. Qualifications of police officers ; to take oath, etc. 10. Penalty for resisting police officers, or assisting to escape. 11. All persons to assist police officers, penalty for refusing. 12. Police officers hi certain cases may admit persons arrested to bail; bond to be filed with police magis¬ trate ; form of bond ; statement of officers to be filed ; proceedings in case of forfeiture of the condition of bond. Section 1 . Be it ordained by the City Council of the City of Free¬ port, That there shall be and is hereby established a police depart¬ ment for the City of Freeport, which shall consist of the City Mar- 18 188 ORDINANCES shal, and such police officers as maybe appointed, from time to time by the City Council. Sec. 2. All police officers, before entering upon the discharge of their duties, shall execute a bond to said city in the sum of two hundred dollars, with one or more freeholders as sureties, to be ap¬ proved by the clerk of said city, and filed in said clerk’s office, con¬ ditioned for the faithful discharge of the duties of such police offi¬ cer, and that he will justly and fairly account for and *pay over all money coming into his hands by virtue of any process or other¬ wise, as required by law. Sec. 8 . The Mayor shall be the head of the police department, and shall superintend and direct the police generally; 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 meas¬ ures as he may deem expedient for the preservation of the peace and good order, and the enforcing of the laws and ordinances in the city. Sec. 4. The police officers shall hold their office for the time specified in the order making their appointment: Provided , That no police officer shall hold his office for a longer term under one ap¬ pointment than one year : And Provided further , That they may be removed at any time by the City Council without any previous notice given or charges preferred. Police officers shall receive the same fees as the City Marshal for like services, and such other com¬ pensation as may from time to time be allowed by the City Coun¬ cil. Sec. 5. The Mayor, Aldermen, City Marshal and police officers, as conservators of the peace, shall have power to arrest, or cause to be arrested, with or without process, and taken before the Police Magistrate, all persons who shall break, or threaten to break, the peace, and may commit such persons, or admit th^m to bail, as the case may require. They shall have power to arrest, or cause to be arrested, as aforesaid, all persons who shal! be found in the act of violating any ordinance, or who may be reasonably suspected of having committed any crime or misdemeanor, or of having violated any ordinance of the city, for the preservation of the peace and good order thereof; and shall have power to detain, or cause the de¬ tention of all such persons in custody in the county jail or other safe place in said city, over night, and over the Sabbath, and until such persons can be duly examined by, or tried, before some competent magistrate. Sec. G. The City Marshal shall be the chief of the acting police, and all the police officers shall be in subordination to him, except in cases otherwise provided by ordinance. It shall be his duty to cause the public peace to be preserved, and to see that the laws and ordinances are enforced ; and whenever any violation thereof POLICE. 139 \ shall come to his knowledge, or be reported to him, he shall cause the requisite complaint to be made, and see that the evidence is pro¬ cured for the successful prosecution of the offender or offenders. Sec. 7. It shall be the duty of the police officers to aid and assist the City Marshal in the execution of the duties herein enjoined ; and they shall have power and authority in the city to serve and ex¬ ecute warrants and other process for the apprehension and commit¬ ment of persons charged with, or held for examination or trial, or taken in execution for, the commission of any crime or misde¬ meanor, or violation of any law or ordinance of the city ; and while executing or serving or assisting in the execution or service of any such warrant or process, shall be vested with and have all the power and authority conferred on constables at common law, and by the laws of this state. Sec 8. Any police officer who shall neglect or refuse to perform any duty required of him by the ordinances of this city, or who shall in the discharge of his official duties be guilty of any fraud, extortion, oppression, favoritism, partiality, or willful wrong or in¬ justice, shall forfeit and pay a penalty not less than ten dollars, and not exceeding one hundred dollars, for each offense. Sec. 9. Every person appointed to the office of police officer shall be at the time of his appointment a citizen of the United States and a qualified voter in this city, and previous to exercising any function of his office, shall, before some person legally authorized to administer the same, take and subscribe an oath or affirmation that he will faithfully and impartially discharge the duties of his office according to the best of his knowledge and ability, and also the oath prescribed by the constitution of the State of Illinois, and shall cause such oath or affirmation to be tiled in the office of the City Clerk. Sec. 10. Whoever in the city shall resist any police officer, or member of the poliqe department, in the discharge of his duty, or shall in any way interfere with, or hinder, or prevent him from dis¬ charging his duty as such officer or member, or shall offer or en¬ deavor to do so, and whoever shall in any manner assist any person in custody of any police officer or member of the police department, to escape, or attempt to escape from such custody, or shall rescue or attempt to rescue any person so in custody, shall be fined not less than three dollars nor more than one hundred dollars. Sec. 11. It shall be the duty of all persons in the city, when called upon by any police officer or other member of the police de¬ partment, to promptly aid and assisthim in the execution of his du¬ ties. Whoever shall neglect or refuse to give such aid and assist¬ ance shall be fined not exceeding one hundred dollars, in the discre¬ tion of the Court or Magistrate convicting. 140 ORDINANCES. Sec. 12. Any person arrested without warrant for any offense under any ordinance, may be admitted to bail by executing a bond to the city, with sufficient surety, to be approved by the officer making the arrest, in double the amount of the penalty for the of¬ fense charged, conditioned that he will appear upon a day therein named, before the Police Magistrate and answer the accusation for which he has been arrested,and not depart the Court without leave; which bond shall be attested by the officer making the arrest, and tiled in the office of the Police Magistrate. Said bond maybe in the following form : State of Illinois, ) City of Freepori, J " Know all men by these presents, that we, A. B. and C. D., are severally and jointly held and bound unto the city of Freeport in the penal sum of-dol¬ lars, for the paymentof which we hereby jointly and severally bind ourselves, our heirs executors and administrators. Signed and sealed this-day of-, 186 The condition of the above obligation is such that, whereas, the above bounden A. B. has this day been arrested by F. M., City Marshal (or “police officer,” as the ca.se may be,) for the city of Freeport, charged with the violation of an ordinance of said city, entitled, ( here insert the title thereof ',) in this to wit: {here describe the particular breach , in the language of the ordinance ,) on the-day of-, 186 . Now if the said A. B. shall personally appear before G. W., a Police Magistrate of said city, at his office, on the-day of-186, at-o’clock-. M., and shall remain andabidetho order of said Magistrate, and not depart without leave, then this bond shall be void, otherwise to remain in full force and vir f ue. A. B. [L. S.] C. D. [L. S.] Acknowledged before me : F. M. City Marshal. To which bond, thus executed and acknowledged, the person ma¬ king the arrest shall add a statement, in effect as follows : A. B. to the city of Freeport, Dr. To-dollars for breach of ordinance, as specified in the above and forego¬ ing bond. Freeport,-day of-, 186 F. M. City Marshal. The amount in said bond shall in no case exceed one hundred dollars. If the principal in such bond shall fail to appear according to the condition of the bond, or appearing shall depart the court without leave, the Police Magistrate shall note such fact upon the bond, and issue a summons in behalf of t he city of Freeport, against the parties liable thereon. Upon trial of such cause the same de¬ fense shall be allowed for the non-appearance of the principal that is allowed under the general laws of this State in like cases before jus- ticesof the peace. POLICE COURT 141 CHAPTER XVIII. POLICE COURT. An Ordinance concerning proceedings before the Police Magistrate for fines and penalties. Section Section 1 Fines and penalties, how recovera- 12. ble. 2. Actions for violations of ordinan¬ ces, how commenced; form of state- 13. meut; no warrant to issue unless complaint under oath be made. 3. No action to be dismissed for de- 14. feet in form of statement. 4 . Upon filing statement, suit to be docketed and process to be issued ; 15. proceedings in case of arrest with¬ out warrant. 16. 5. Warrants when to be issued, form of warrant. 6. Persons arrested by warrant may 17. be admitted to bail, etc. 7. Proceedings if defendant fail to ap- 18. pear. 8. Judgment on recognizance may be 19. set aside, etc. 9. In case cause is continued defendant may be confined in jail, when. 10 If defendant fail to appear, he shall 20. be defaulted. 11. Defendant may demand trial by 21. jury, etc. Police Magistrate to order defendant to be confined in jail in certain ca¬ ses. Persons confined in jail for neglect to pay judgment shall labor on streets ; proceedings in such cases. Persons working on streets as here¬ in provided, to be confined in jail overnignt. Street Commissioner to make report of labor on streets, etc. Street Commissioners tnay arreet and confine persons laboring under his direction in certain cases, etc. City officers competent witnesses when. Fines, etc., to be paid to the city treasury, etc. Poiice Magistrate and City Marshal in cases not provided for by ordi¬ nance or city charter to be governed by general laws, etc. Judgment for costsmay be rendered against informer in certain cases. Fees of police magistrate and city marshal in certain cases. Sect ton 1. Be it ordained by the City Council of the City of Freeport, That whenever any fine, forfeiture, or penalty shall be imposed for the breach of the provisions of any ordinance of this city, the same shall be recoverable by suit before the Police Magis¬ trate, in the nature of actions of debt. Sec. 2. Actions for violations of ordinances may be commen¬ ced by the filing with the Poiice Magistrate a statement or com¬ plaint, stating the nature of the offense, signed by the City Attorney, any member of the police department, or any responsible ci f izen of the city of Freeport, which statement may be in the following form : C. D. to the city of Freeport, Dr. To-dollars for violation oi an ordinance ot said city entitled ( here insert the title, and section thereof) passed the-day of-, A. D. 18 , in this to wit; ( here describe the particular breach in the language of the ordinance ) on the-day of - A. D. 186. H. M. B. City Attorney. 142 ORDINANCES. Provided, That if any credible person, shall, on oath, make com¬ plaint that any one has violated any ordinance of this city, setting forth the ordinance and section and the violation thereof, it shall be lawful for the Police Magistrate to issue a warrant for the appre¬ hension of the offender, as hereinafter provided. Sec. 3. No action before the Police Magistrate shall be dismiss¬ ed for any defect of form in said statement or complaint, if it sub¬ stantially sets forth the nature of the violation alleged, so as to give the defendant notice of the charge which he is required to an¬ swer, and such statement or complaint may include several persons charged with the same offense. Sec. 4. Upon the filing of such statement or complaint the Po¬ lice Magistrate shall enter the case upon his docket, in the usual manner required bylaw, and shall issue a summons, or warrant, as the case may require. Whenever any person has been arrested on view or otherwise according to law, without a warrant, the Police Magistrate shall enter in his docket the fact of his arrest and by whom made, and also take from the officer making the arrest an affidavit of the cause of the arrest. Sec. 5. In case a complaint on oath shall be made, as hereinbe¬ fore provided,and the Police Magistrate shall be of the opinion that a speedy proceeding is necessary to secure the punishment of the offender, he shall issue a warrant, which may be substantially in the following form: State of Illinois, If Stephenson County, - ss. City of Freeport , ) The people of the State of Illinois ta the City Marshal of the city of Freeport , or any Constable of said County , Greeting : Whereas,--a police officer of said city {or as the cane may be) has complained an oath before me, that C. D. has violated an ordinance ol the city of Freeport, entitled ( here insert the title and section thereof) passed the-clay of-. A. I). IS , by {here describe trie particular breach in the. language of the ordinance) on the -day of-, A. D. 180. Now, therefore, you are hereby commanded to take the body of C. D. and brine him forthwith before me, to be dealt with according to law. Given under my hand and seal,at_t,he said city of Freeport, this-day of- A. D. ISO. A . It .Police Magistrate. [L S. Sec. 6. Any person arrested by virtue of a warrant issued as hereinbefore provided may be admitted to bail by executing a bond to theci£y, to be approved by the Police Magistrate, in double the amount of the penalty for the offense charged, conditioned that he will appear on a day therein to be named before the Police Magis¬ trate, and not depart the court without leave ; which bond shall be attested by the Police Magistrate and filed in his office, and an entry of the filing thereof shall be made in his docket: Provided, That in no case the penalty in such bond shall exceed one hundred dol¬ lars. POLICE COURT 143 Sec. 7. If the defendant fail to appear according to the condi¬ tions of the bond aforesaid, or appearing shall depart the Court with¬ out leave, the Police Magistrate may enter judgment against him and liis securities, for the penalty of said bond. Sec. 8. Upon entering judgment as provided in the foregoing section, it shall be the duty of the Police Magistrate to issue process in behalf of the city of Freeport, against the parties liable on said bond, requiring them to appear before him on a day to be mention¬ ed therein, and show cause if any they have, why judgment should not be confirmed against them, and execution issue on such judg¬ ment; and any judgment entered up as aforesaid may be set aside by the Police Magistrate if the defendant shall personally appear be¬ fore the Police Magistrate, at the time mentioned in said process, and show good cause for the setting aside the judgment by affidavit of some credible person ; and it shall be lawful for the sureties in said bond to appear before the Police Magistrate at the time aforesaid, and to make the same defense that is allowed for the non-appear¬ ance of the principal under the laws of this State in similar cases before justices of the peace. Sec. 9. A party in custody who cannot be tried on account of the absence of witnesses or other cause, and who cannot give bail for his appearance, may be confined in the county jail not exceeding three days; and in such case the Police Magistrate shall deliver to the City Marshal, or other officer committing such person, a commit¬ ment stating the cause of the detention. Sec. 10 . When a defendant duly summoned fails to appear at the time suit is set for trial, the Police Magistrate shall hear and ex¬ amine the testimony offered on the part of the city, and shall render judgment by default against the defendant for such an amount under the ordinances as the Police Magistrate may deem just. Sec. 11. In all cases before die Police Magistrate for any viola¬ tion of the ordinances of this city, the defendant may demand a trial by jury, upon paying the jury fees in advance. They shall consist of such number, and possess the same qualifications, as is required by the general laws of this state in trials before justices of the peace. If the jury find the defendant guilty, they shall assess the penalty, except in case the same is specifically determined by ordinance. Sec. 12. Upon the rendition of judgment against any defend¬ ant for the violation of any ordinance of this city, the Police Magis¬ trate shall make an order and enter the same upon his docket, that if the defendant shall neglect or refuse to satisfy such judgment and costs of suit, he shall be confined in the county jail one day for each one dollar of such judgment and costs. Execution shall be issued immediately on the rendition for judgment. Sec. 13. Every person against whom any fine, penalty, or for- feiure shall be recovered under the ordinances of this city who shall 144 ORDINANCES. refuse or neglect to pay the same, when demanded upon execution, and shall be committed in default thereof to the county jaij, shall la¬ bor on the streets of the city of Freeport under the direction of the Street Commissioner until the said fine, penalty, or forfeiture, and costs thereon, are fully paid, to be allowed at the rate of one dollar per day, the day to consist of at least eight hours of faithful work ; and if such person shall refuse or neglect to furnish himself with board and sustenance, then the City Marshal shall furnish the same in the countyjail or other place to be provided by the city, and de¬ duct the cost thereof from the amount of labor performed before any¬ thing shall be allowed upon the execution issued in the case ; and if any such person shall refuse or neglect to labor on said streets as aforesaid, and to comply with the directions of the Street Commis¬ sioner in relation thereto, such person shall forfeit and pay to the city of Freeport the.sum of ten dollars for each and every day he shall so refuse or neglect to labor or fail to comply with the directions of t e Street Commissioner as aforesaid. Sec. 14. During the time any person is workingout his fine, for¬ feiture, or penalty, as provided in the foregoing section, he shall each night be committed for safe-keeping to the countyjail, unless he shall give security to the city in the amount of fine and costs, to be approved by the Street Commissioner, that he will appear from day to day, and work on said streets until such fine and costs shall have been fully worked out. Sec. 15. The Street Commissioner shall at the end of every month make a report to the City Council of the number of days’ work performed on the said streets in pursuance of the foregoing provisions, and by whom performed, during the preceding month, and also at such other times as the City Council shall require. Sec. 16. For the purpose of carrying out the foregoing provis¬ ions in relation to labor upon streets, the Street Commissioner is hereby anthorized and empowered to arrest and confine, or cause to be arrested and confined, any person put under his direction for the purpose of working out any fine or penalty as aforesaid, if such per¬ son shall attempt to escape or shall refuse to obey the directions of the Street Commissioner as aforesaid ; and the Street Commissioner is hereby authorized and empowered to use all reasonable and prop¬ er means to secure the faithful performance of the labor on the streets as hereinbefore provided. Sec. 17. In all prosecutions instituted by the City of Freeport, any officer of said city shall be a competent witness, notwithstand¬ ing such officer may be entitled to a portion of the fine or penalty, or to a fee from the same. Sec. 18. All fines, forfeitures and penalties for breaches of any ordinance of this city, shall as soon as collected be paid to the City Treasurer, and the officer paying over the same shall take the Treas- POLICE COURT. 145 urer’s duplicate receipts therefor, one of which shall be delivered to the City Clerk. The City Clerk shall keep an account of the moneys thus paid to the City Treasurer. Sec. 19. The Police Magistrate and City Marshal in all matters pertaining to the duties of their respective offices in judicial pro¬ ceedings, and concerning which there is no specific provision by the city charter or by the ordinances of this city, shall be governed by the laws of this State,regulating the practiceand proceedings in cases before Justices of the Peace, and the duties of Justices of the Peace and constables, so far as the same may be applicable. Sec. 20. In all prosecutions for fine or penalty when the de¬ fendants shall be acquitted, the informer or prosecutor may in the discretion of the Police Magistrate be adjudged to pay the costs, if it appear to the satisfaction of the Police Magistrate that the prose¬ cution was instituted vexatiously, maliciously, or without reusona- soliable cause. Sec. 21. In all cases arising under the ordinances of this city be¬ fore the Police Magistrate, there shall be allowed him in addition to the costs allowed justices of the peace in civil cases under the laws of this State, the following fees for services when performed : For taking each complaint or statement in writing, twenty-five cents; for each commitment twenty-five cents; taking each recognizance, fifty cents; for making and entering each or¬ der, twenty-five cents ; for making out and delivering fee bill when demanded, twenty-five cents. There shall be al¬ lowed to the officer making arrest without process, upon convic¬ tion of the offender, the sum of one dollar in each case, to be taxed as other costs*in the case; and for taking recognizance and making out statement when he arrests without process the sum of fifty cents; but the city of Freeport shall not be liable to the Police Magis¬ trate, City Marshal or any police officer, for any costs or fees, when the defendant is acquitted, nor is any other case arising under the ordinances of this city. 19 146 ORDINANCES. CHAPTER XIX. PRIVATE DRAINS. An ordinance concerning private drains. Section Section 4 . Construction of private drains; con- 4. Private drains how kept cleansed nection with main drains not to be and in repair. made without permission. 5. Proceedings in reference to private 2. Notice to be given of drains requir- drains how conducted. ed ; order for constructing, how 6. Penalties for refusual or neglect to made, etc. construct or repair drain when re- 3 When not built to be reported, etc.. quired, for making connection with account of expenses to be kept and main drain without permission, reported by the street commission- and for injuring drain, er. Section 1 . Be it ordained by the City Council of the City of Freeport, That all private drains connecting-with any main drain or sewer, constructed under the direction of the City Council, shall he laid and constructed of such size and materials as shall be. or¬ dered by the City Council, or by the Street Commissioner in each case. They shall be made so as to receive at the opening a good substantial metallic strainer, with holes in the same not exceeding one-fourth of an inch in diameter. No connection shall be made in any .case without a written permission of the Street Commis¬ sioner, unless ordered by the City Council ; nor in any case unless under the supervision of the Street Commissioner. Sec. 2. It shall be the duty of the Street Commissioner to give notice to the City Council of all private drains which may be re¬ quired from time to time. Such notice shall designate the premi¬ ses requiring the same, with the name of the owner or occupant thereof, when known. Whenever the City Council shall order the construction of a private drain, the order and notices thereof to the owners or occupants of the premises may be made and given in the same form, as nearly as may be, as are prescribed in the ordinances •concerning sidewalks. Sec. 3. If any private drain shall not be constructed in pur¬ suance of such order, it shall be the duty of the Street Commission¬ er to make report thereof to the City Council. If the City Council shall thereupon order the same, the Street Commissioner shall keep an accurate account of the expenses in each case, and make report thereof in writing. RAILROADS. 147 Sec. 4. It shall be the duty of the owners and occupants of premises to keep their* private drains in repair, and free from ob¬ struction. If such drains should get out of repair, or require to be cleansd or rebuilt, the Street Commissioner shall give due notice thereof to the owner or occupant. And in case of neglect or refusal on the part of the person notified to comply with such notice, the Street Commissioner shall forthwith make such repairs, etc., and re¬ port the expenses for assessment. Sec. 5. All notices, reports, orders, and other proceedings in reference to private drains, and the assessment collection of any ex¬ penses therefor, shall be the same, under this ordinance, as nearly as may be, as are prescribed or required in and by the ordinance concerning sidewalks. Sec. 6. If any person shall refuse or neglect to build any pri¬ vate drain, or put the same in repair, or cleanse or rebuild the same, when duly notified by the Street Commissioner, he shall be subject to a fine of not less than ten dollars, nor exceeding one hundred dollars. A like penalty shall be imposed upon any person who shall refuse or neglect to observe the directions of the Street Com¬ missioner in the construction of any drain, or who shall form a con¬ nection with a main drain without his written permision, or who shall wilfully or carelessly injure or destroy any private drain, or main drain, or any part thereof. CHAPTER XX. RAILROADS. An ordinance concerning railroads.* Section Section 1. The speed of locomotives and rail- except in certain cases, road cars regulated with certain 4. Engine bell to be rung ; when, limits defined herein. 5. Penalty for violation of the forego- 2. Cars not to stop in streets except in ing. certain cases. 6. No minors to get upon cars or en- 3. Whistle not to be sounded in city gine except in certain cases. Section 1 . Be it ordained by the City Council of the City of Freeport, That no locomotive engine, railroad passenger car or * Original ordinance passed June 23,1855, and amended by revision of 1867 and 1868. 148 ORDINANCES. freight car shall be driven, propelled or run upon or along any rail¬ road track in this city within the limits of. the original town of Freeport or within Clark’s addition to the town of Freeport at a greater speed than at the rate of six miles per hour. Sec. 2. No railroad company, railroad engineer or train con¬ ductor, or other person, shall cause or allow any locomotive engine, railroad passenger car or freight car, or other railroad car, to stop in. obstruct, or remain upon any part of any street or cross street in this city, within the limits of the original town of Freeport or with¬ in the limits of Clark’s addition to the town of Freeport, longer than ten minutes at any one time, except in case of accident or to avoid injury to persons or property, or where a passenger train shall have reached its station, and then only for a sufficient time to discharge passengers and remove the train, not to exceed thirty minutes, and the last named provision to have application to passen¬ ger cars only. Sec. 3. No whistle of any locomotive engine shall be sounded within the limits of this city, except as a necessary signal to avoid accident. Sec. 4. The bell of every locomotive shall be rung continually while such locomotive engine is in motion in this city. Sec. 5. Any railroad company, railroad engineer, conductor or other person who shall violate either of the foregoing provisions of this ordinance, shall, on conviction, be fined in a sum not less than five dollars, nor more than one hundred dollars for each of¬ fense. , Sec. 6. If any minor shall get upon any railroad car or engine in this city, except by permission of some employee of such railroad company, authorized to grant such permission, or except in the usual or ordinary course of travel, or shall in any way interfere with such railroad car or engine ; every such minor shall, on con¬ viction, be fined in a sum not less than one dollar nor more than one hundred dollars for each offense. An ordinance authorizing the construction oi a railroad track therein men¬ tioned. Section 1 . Be it ordained by the City Council of the City of Free¬ port. The Freeport Manufacturing Company, and the Freeport Gas Light and Coke Company, are hereby authorized and empowered to RAILROADS. 149 construct a railroad track from the western extremity of the alley in block number twenty-eight, thence eastvvardly along said alley across Chicago street, and along the alley in block twenty-seven, and across Mechanic street, and along the alley in block number twen¬ ty-six, and across Adams street, and along the alley in block num¬ ber twenty-five, and across Liberty street, and along the alley in block number twenty-four, to the eastern extremity of the alley in said block number twenty-four, said blocks and streets being in the original town of Freeport, thence to some convenient point to be determined by the Illinois Central railroad company, on the line of the track of the said railroad company. Passed March 5, 1856. r ’ ' ,» 4 An ordinance granting right of way to the Northern Illinois railroad com¬ pany. Section 1. Be it ordained by the City Council of theCity of Frce- port, That the right of way be, and the same is hereby granted to the Northern Illinois Rail Load Company through and upon any road, lane, street or alley, or other public ground within the corporate limits of thecity of Freeport, for the purpose of laying down, using, or occupying any railroad tracks, sideways, switches, turn-tables or other conveniences necessary for the purposes aforesaid ; Provided , said railroad company shall so construct their tracks, bridges, turn outs and switches, as to interfere as little as possible with the ordi¬ nary travel upon said streets, and construct and keep in repair, suit¬ able crossings at the intersection of streets and alleys, and ditches, sewers and culverts ; Provided , said railroad be constructed upon the southern route recently adopted by the company. Passed June 1, 1861. An ordinance of the President and Trustees of the town of Freeport, granting the right of way through the streets of the town of Freeport to the Illinois Central Railway Company and the Galena and Chicago Union Railroad Com¬ pany. Section 1. Be it ordained by the President and Trustees of the Town of Freeport , That the right of way be and the same is hereby granted to the Illinois Central Railroad Company and the Galena and Chicago Union Railroad Company through and upon any road, street, lane or alley or other public ground within the corporate limits of the town of Freeport, for the purpose of laying down, using and occupying any railroad track, sidelings, switches, turn tables or other convenience necessary for the purposes afore¬ said. Passed August 11, 1851. 150 ORDINANCES. \ CHAPTER XXI. I CITY SCARES. An ordinance establishing the City scales and regulating the weighing of hay, etc.* • Section Section 1. City scales established. return wagon, etc., and have same 2. Weighmaster to be appointed. weighed ; penalty. 3. Weighmaster to give bond. 10. Purchaser not to diminish weight; 4. Duties of dtj” weighmaster defined. penalty. 5. Fees for weighing on city scales. li. Seller not to diminish weight or 6. Weighmaster to keep scales in or- falsify certificate ; penalty. der and test same. 12. Penalty for purchasing hay or straw 7. To keep record. without being weighed on city 8. Liabilities of weighmaster for mis- scales. conduct. 13. Weighmaster to make report, etc. 9. Persons having loads weighed to to City Council. Section 1. Be it ordained by the City Council of the City of Freeport, That there shall be erected at such place or places within this city, as the City Council shall designate, one or more public scales to be known as the city scales. Sec. 2. There shall be appointed by the City Council at the first meeting in each year after the organization thereof, a city weigh¬ master for the city of Freeport, who shall hold his office for the term of one year from the time of his appointment, and until his successor is appointed and qualified. Sec. 3. The city weighmaster shall before entering upon the duties of his office, give a bond to said city, with security to be ap¬ proved by the City Council, in the sum of five hundred dollars, con¬ ditioned for the faithful performance of the duties of his office, and that he will whenever required by ordinance or order of the City Council, pay over all money in his hands to the officer to whom the same belongs. Sec. 4. It shall be the duty of the city weighmaster, either by himself or a deputy by him appointed (for whose acts he shall be answerable) to attend the city scales at all times from sun rise till sun set, of every day (Sunday excepted) and to weigh accurately and without partiality every load of wheat, corn, oats or other grain, every load of hay or straw, slaughtered animals or live stock, and every animal or other thing, that may be produced to be weighed, •. Original ordinance passed May 11,1860, amended by revision. CITY SCALES. 151 and to give to the person presenting the same to be weighed, a cer¬ tificate of the weight thereof, upon payment being mad*} to him of the fee hereinafter specified. Sec. 5. For every load of grain of every kind, lime, flour, hay or straw weighed upon the city scales, there shall be paid ten cents per load ; for every load of slaughtered animals or livestock not exceeding in net weight, twenty hundred pounds, ten cents, and the additional sum of two cents for every hundred pounds in such load exceeding twenty hundred ; for any number of swine or sheep, not over five, weighed on foot at one time, ten cents, and one cent each additional for all over five; for any number of cattle or horses, not over three, weighed at one time, ten cents, and two cents each, addi¬ tional, for all over three; and for every other article or thing weighed, not above specified, and not exceeding twenty hundred pounds in weight, ten cents, and one cent additional for every .hun¬ dred pounds exceeding twenty hundred. Sec. 6. It shall be the duty of the city weighmaster to keep the city scales in good repair, and order, and to cause the accuracy of the same to be tested, from time to time as necessary, or whenever the Mayor or City Council shall direct. Sec. 7. It shall be the duty of the city weighmaster to keep a suitable book in which shall be entered in separate accounts, every load of grain or other produce and every animal or other thing that may be weighed on said scales, designating in said account its kind, its weight, for whom weighed, and the amount received for the same, and to keep a record of all repairs which may be made to said scales and the cost of the same, which book shall be subject at all times to the inspection of the Mayor or any member of the City Council. Sec. 8. If the city weighmaster shall neglect or refuse to per¬ form any of the duties required of him by this ordinance, or shall be guilty of any extortion or oppression in the discharge of his duty, or shall willfully give a certificate of false weighttoany person with intent to defraud or deceive, he shall forfeit and pay to the city of Freeport a fine of not less than twenty-five dollars, nor more than one hundred dollars for each offence, and shall forfeit all right to his said office, and may be removed from the same by the City Council. Sec. 9. Every person having any load of grain, hay, straw, live or slaughtered animals or other articles, weighed upon the city scales, shall, after such load is discharged, return the wagon, sleigh, or other vehicle in which said load was weighed, to said scales and the city weighmaster shall weigh the same and enter the weight thereof in said certificate, together with the net weight of such load, for which service he shall be entitled to no additional charge. Any person failing or refusing to comply with the requirements of this 152 ORDINANCES. section shall, on conviction, be subject to a fine of not less than one dollar nor fnore than ten dollars for each offence. Sec. 10. If any person purchasing any load of hay or grain, or any other article or thing whatever which has been weighed on said city scales, shall diminish the weight thereof by computing or other¬ wise, below the amount stated in said weigh master’s certificate, or shall pay, or render an account to tlie owner thereof for less than is justly due for said load or other thing, or shall suffer the same to be done by his or her agent, with intent to defraud or deceive such owner, sucli person shall be subject to a fine of not less than ten dollars nor more than one hundred dollars for each offence. Sec. 11. If any person who shall have had any load of grain, hay, straw, live or slaughtered animals, or any other article or thing, weighed on said city scales', shall in any way diminish the weight thereof, or falsify the said weighmaster’s certificate, with intent to defraud or deceive, such person, shall, for each offence, lie subject to a fine of not less than ten dollars nor more than one hundred dollars. Sec. 12. If any person shall sell or purchase, within this city, any load of hay or straw, without having the same weighed on the city scales and obtaining the weighmaster’s certificate of the weight thereof, as provided in this ordinance, such person shall, on convic¬ tion, be fined not less than three dollars nor more than ten dollars for each offence. Sec. 13. The city weighmaster shall be entitled to retain, as compensation for his services, one-half of the net proceeds of the city scales, and shall make a report to the City Council at each regular meeting thereof, giving a full statement, under oath, of his receipts for the preceding month, the number of loads and animals weighed, the amount, if any, expended for repairs, and the amount due the city for said month, which report shall be accompanied by the Treasurer’s receipt for the amount so due to the city: Provided , That the City Council may at any time, by resolution, provide for payment of a monthly salary to said city weighmaster, in lieu of the one-half of said net proceeds. SIDEWALKS 158 CHAPTER XXII. SIDEWALKS. An Ordinance concerning sidewalks, ARTICLE I. CONSTRUCTION OF SIDEWALKS. “ II, OBSTRUCTION TO SIDEWALKS. ARTICLE I. CONSTRUCTION OF SIDEWALKS.* 'Section Section 1. Manner of constructing sidewalks; 9. Warrants to be issued; form of war- the materials therefor. rant; Collector to give receipt for 2. When and by whom to be built; form and be charged with; Collector to of order. give notice; form of. 3. Notice to be published; form of no- 10. Powders of Collector in relation to lice; copy of to be given to the Street Commissioner. 4. Street Commissioner to give notice; form of notice; manner of service. 11. 5. When not constructed Street Com¬ missioner to report; what facts shall be set forth, etc. 0. City Council to order Street Commis¬ sioner to build; form of order. warrant; return of warrant; moneys collected when and how deposited ; Treasurer to keep sidewalk account. If any part of assessment shall not be collected, City Clerk to apply for judgment, etc.; this ordinance not to be construed to prevent suit in as¬ sumpsit against owner of lots for recovery of expenses, etc. 7. Street Commissioner to keep account 12. Grade of sidewalks ; Street Commis- of cost, to report same; form of re- sioner to superintend construction port. of sidewalks; may cause to be relaid. S. City Council to assess expenses on 13. When sidewalks out of repair. Street real estate, etc., form, of order of Commissioner to give notice to re¬ assessment, etc. pair; in what cases to repair and re¬ port expenses. Section 1 . Be it Ordained by the City Council of the City of Freeport , That all sidewalks which may be ordered by the City Council shall be constructed under the superintendence and to the satisfaction of the Street Commissioner. They shall be built four feet in width, (unless a different width shall be specified in the * Original Ordinance passed May 5, 1855, amended by revisions of 1857 and 1868. 20 154 ORDINANCES. order,) of sound, two-inch pine or oak plank, firmly set upon and spiked to suitable bearings of not less than three by four inches, of white oak, burr oak, red elm, pine or black walnut scantling, let into the earth, or filled in between, so as to form an even grade, unless the order for the same shall require different materials. Sec. 2. Sidewalks shall be built within thirty days after the first publication of notice in the corporation newspaper, by the owner or occupant of the premises. The order for a sidewalk may be in the following form : “ Ordered , That a sidewalk be constructed on the-side of-street, from-street to-street, in conformity with the oi'dinance relative to sidewalks.” If a less width than that specified in the ordinance shall be desired, the width should be expressly stated in the order. Sec. o. After the passage of an order for a sidewalk, the City Clerk shall cause a notice thereof to be published in the corporation paper for the space of two weeks. The notice shall specify the day on or before which the sidewalk shall be constructed by the owner or occupant, and the width thereof, when less than that specified herein, and may be as follows : SIDEWALK NOTICE. City Clerk’s Office, Freeport,-, 18 . Public notice is hereby given, that the City Council have ordered a sidewalk (or “ sidewalks ”) to be constructed as follows: On-side of-street from-street to-street (If other walks have been ordered at the same time, then insert as follows .-) Also, on the-side ol —*— street from-street to-street. Now, unless the same shall be constructed in the manner required by the ordi¬ nance relative to sidewalks, on or before the-day of-next, (or “ inst.,”) they will be built by the Street Commissioner, and the expenses assessed upon the premises chargeable therewith. U. M. Mayer, City Clerk. The City Clerk shall likewise cause a copy of the notice of such order to be delivered to the Street Commissioner forthwith after the publication thereof. Sec. 4. The Street Commissioner, on receiving notice of any order for a sidewalk, shall forthwith notify the owner or occupant of the real estate interested, when known and can be found, by serving the same upon him in the manner herein prescribed. The notice may be written or printed, or partly both, in the following form ; City of Freeport,-, 18 . Mr. -: Sir— You are hereby notified that the City Council of the city of Freeport have ordered a sidewalk-feet in width, on lot No.-in block No.-, in the original town of Freeport (or “ in any addition thereto,” as the case may be,) of sound, two-inch pine or oak plank, firmly set upon and spiked to suitable bearings of not less than three by four inches of white oak, burr oak, red elm, pine or black walnut scantling, let into the earth, or filled in between, so as to form an even grade. SIDEWALKS. 155 Now, unless you shall construct the same to the satisfaction of the Street Com¬ missioner, in the same manner required by the ordinance, on or before the- day of-inst., (or “ next,” as the case may be, the day mentioned in the City Clerk's notice) the same will be built by the Street Commissioner, and the expenses assessed upon the premises. H. D. Rodearmel, Street Commissioner . The notice aforesaid may be served personally or by leaving the same at the residence or place of business of such owner or occupant or upon both, in the discretion of the Street Commissioner. Notice may likewise be served upon any known agent of the parties aforesaid, in like manner. Sec. 5. If any sidewalk shall not be constructed within the time mentioned in the notice, or to the satisfaction of the Street Commissioner, it shall be his duty forthwith thereafter to report the same to the City Council in writing. The report shall state the name of the owner or occupant on whom notice has been served, and the manner of service. If any owner be unknown or cannot be found, he shall state, opposite to the lot, “owner unknown,” or ' . 5 ' 1 *VK ?: • - !, , r >2 \4 , '• • tj % T r j ; ’ yi J i - n •Jkh b-« pi* .* ■