REVISED ORDINANCES OF, THE VILLAGE OF WELLINGTON PUBLISHED A\ D. 1903 .1 ■ \ \ nn^OIS H5STORSCAL SURVEY! % . V: > ' V # \ REVISED ORDINANCES OF THE VILLAGE OF WELLINGTON IROQUOIS COUNTY, ILLINOIS b 7 PRINTED AND PUBLISHED BY AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE TILLAGE OF WELLINGTON, ILLINOIS Revised and Arranged by J. H. Dyer Published A. D. 1908 HOOPESTON NEWS PRINT HOOPESTON, ILLINOIS OFFICIAL ROSTER. Village Officers of Wellington, Illinois, From Its Organization as a Village, Down to 1903. The Village of Wellington was organized in January, 1902, em¬ bracing the following described territory, to-wit: The south half of the northeast quarter, and the south half of the north half of the northeast quarter, and the north half of the southeast quarter, of section fourteen (14), also the southwest quarter of the northwest quarter of the northwest quarter, and the west half of the south¬ west quarter of the northwest quarter, and the west half of the northwest quarter of the southwest quarter of section thirteen (13), all in township twenty-four (24), north, range twelve (12) west of the second principal Meridian, in Iroquois County, Illinois. Officers.—From March, 1902, to April, 1903. President of the Board.—W. J. Finn. Trustees.—J. H. Bower, L M. Hamilton, H. W St. John, Edwin Randall, Robert Mell, W. S. Wood. Clerk. — B. J. Sibbitt. Treasurer —J. A. Webster. Village Constable. — Henry Thede. Officers.—From April, 1902, to 1903. President of the Board.—W. A. Hamilton. Trustees.—W. S. Wood, A. J. Decker, Edwin Randall, L. M. Hamilton, Jacob Dazey, J. H. Bower. Clerk.— B. J. Sibbitt. Treasurer.—J. A. Webster. Village Constable —Ora Kiser. GVo G AN ORDINANCE For Revising and Consolidating the General Ordinances, and Making Certain Additions Thereto, of the Village of Wellington, Illinois. Whereas, It is expedient that the general ordinances of the Vil¬ lage of Wellington, Illinois, should be consolidated and ar¬ ranged in appropriate chapters and sections, and certain addi¬ tions made thereto, and that an index of the whole should be made, therefore, He it Ordained by the President and Board of Trustees of the Village of Welling¬ ton, Iroquois County , and state of Illinois, in manner following, that is to say: CHAPTER I. ACCOUNTS AND CLAIMS. Section i. No claims or accounts against the Village of Well¬ ington except for the salaries of its regular elected or appointed, and commissioned officers, or for the payment of a special contract made by the Village Board, or by some officer of the Village, au¬ thorized by ordinance to make contracts,shall be considered audit¬ ed or allowed, nor shall any warrant issue for the payment thereof unless the person presenting the same or some credible person for him, shall make oath before some officer duly authorized by law to administer oaths, before filing the same,that such claim or account is true, just and correct, and that the charges therein are reasona¬ ble, nor shall such warrant issue until such claim or account has been referred to, and examined by at least two of the committee I 4 ORDINANCES OF THE VILLAGE OF WELLINGTON. of, the department, to which such claim or account shall appro¬ priately belong, or by some other committee designated by the Board, which committee shall report such claim back to the Board with its recommendation endorsed thereon signed by the members thereof, when the said claim or account shall then be acted upon by the Board. CHAPTER II. AMUSEMENTS. Section i. For the purpose of providing for the licensing and taxation of theatricals, shows, amusements and all public exhibi tions for gain, the same are hereby divided into two classes,which shall be known as the first and second class, viz: ist—Entertainments of a regular dramatic or operatic character, negro minstrels, public readings, concerts, exhibitions of paint ings or statuary, panoramas, jugglery, and sleight of hand per¬ formances, exhibitions of natural or artificial curiosities, variety shows, and other exhibitions of like character, which may be given in theatres, opera houses or public halls, shall be known as entertainments of the first class. 2nd—Circuses, menageries, caravans, hippodromes, and all other exhibitions that may be given under a canvas, not herein specified, shall be known as entertainments of the second class. § 2. No person or persons shall give any entertainment men¬ tioned in this chapter, within the limits of the said Village, for gain, without a license therefor, first had and obtained from the Village Clerk, under the Village seal, under a penalty of not less than Five, and not exceeding Two Hundred Dollars for each, and every such entertainment given, in violation of this chapter. Pro¬ vided that for concerts, exhibitions, musical entertainments, given by or for some home association, society or church, no license shall be required. ORDINANCES OF THE VILLAGE OF WELLINGTON. 5 § 3. Each license shall express for what it is granted, and the time it is to continue, and the following license fees shall be charged for each license granted, and shall be paid to the Vii 1 age Clerk, viz: 1st—For entertainments of the first class, not less than One Dollar for each performance and exhibition. 2nd—For entertainments of the second class, not less than One Dollar per day. § 4. The President of the Board shall determine in each case where application is made for a license under this ordinance, the class to which the entertainment belongs, and the person to whom the license is granted, shall pay the license fee to the Village Clerk, who shall issue the license and the same shall be signed by the President of the Board. § 5. Every license granted under the provisions hereof shall be subject to the ordinances of the Village, existing when the same shall be issued, or thereafter be passed, so far as the same shall apply. § 6. No chairs, stools or seats of any description shall be placed or permitted to remain in the aisle or passage way in any theatre, hall or other public building, where the same is occupied by the public, under a penalty of not less than Five Dollars and not exceeding One Hundred Dollars for each offense. § 7. No license shall be granted for, or if granted the same shall not be held to authorize the enacting or performance of any indecent or lewd play or exhibition of any kind, and any person exhibiting or giving such lewd or indecent play or exhibition shall be fined not less than Five Dollars, nor more than One Hundred Dollars. § 8. No person or persons shall run any shooting-gallery, or place for target shooting, or exhibit, use or permit others to use for gain or for profit, any striking machines, lung tester,''-phono¬ graph, electrical machine, instrument or device, or any lemonade stand, cane rack or other stand, for the sale of goods, wares and 6 ORDINANCES OK THE VILLAGE OF WELLINGTON. merchandise, without first obtaining a license therefor, under a* penalty of Five,Dollars, for each offense. The license for shoot¬ ing-galleries and places for target shooting shall be Five Dollars per week,and the license for any other apparatus or device includ¬ ed in this Section shall be Two Dollars per day. CHAPTER III. % ANIMALS AND POUNDS. Animals Prohibited Running at Large.] Section i. No animal of the species of cattle, horse, mule, ass, swine, sheep,goat nor any goose, shall be permitted to run or be at large within the corporate limits of the Village of Wellington. Penalty for Stock Being at Large.] § 2. Whoever being .the owner or possessor of any such animal or goose, shall suffer or permit the same to run or be at large shall forfeit and pay the fol¬ lowing penalties for each offense, together with the costs of taking up and impounding, and all expense of sustenance, for such an¬ imal when impounded, as hereinafter provided, viz: For each an¬ imal of the species of cattle, horse, mule, or ass the sum of fifty cents, for each swine, sheep, goat or goose, the sum of twenty-five cents as fees of pound keeper, and shall be liable to a further pen¬ alty of not less than Three nor more than Ten Dollars for eafch offense. Pounds and Pound Keeper ] § 3. The Village Board shall provide a suitable pound or pounds, which shall be under the care and control of the pound keeper of the said Village.The President of the Board may, as provided by law, appoint a suitable person to be pound keeper, who shall, before entering upon the duties of his office, execute a bond with security to be approved by the Board in the penal sum of Two Hundred Dollars, conditioned for the faithful performance of the duties of his office, and for the paymemt of all moneys received by him according to law, and the ordinance of said Village; or the Board, in the absence of any ap¬ pointment of a pound keeper, by the President as aforesaid, may ORDINANCES OF THE VILLAGE OF WELLINGTON. 7 by resolution direct that the Village Constable or any police of¬ ficer shall act as pound keeper, in which case he shall be the pound keeper of said Village, and shall have all the power and emoluments, and shall perform all the duties belonging to said office as herein provided, and shall give bond as pound keeper as herein provided. Pound Keeper to Take Up Animals.] § 4. It shall be the duty of the pound keeper to take up and impound all animals found running at large in violation of the ordinances of said Vil- lage;and also to receive and impound any such animals when law¬ fully taken up by any other person. During the stay of any ani¬ mal in the pound, he shall feed and water the same. Proceedings Where Animal Is *Not Redeemed—Owner Is Known.] § 5. When any impounded animal is not redeemed within twenty-four hours after the same is impounded, the pound keeper shall forthwith make complaint befoie a police magistrate or justice of the peace against the owner or possessor of such an¬ imal, if known, and thereupon a summons shall be issued as in other cases for the violation of the ordinances of said Village; and upon the return of said summons or tne defendant having appear¬ ed, it shall be the duty of the magistrate to inquire whether the defendant has been guilty of permitting such animal to be at large contrary to the provisions of this chapter, and if the defendant be found guilty, judgment shall be rendered against him for the pen¬ alty, impounding fee and cost of sustenance prescribed and costs of suit, and an order shall be entered that the animal shall be sold to satisfy said judgment, in case the same shall not be paid forth¬ with. Such order shall describe the animal, and state the time and place of impounding the same. Proceedings Where the Owner is Unknown.] § 6 . When the owner of an animal is unknown, the pound keeper shall make complaint as provided for in the last Section against the unknown owner of such animal, describing the same, and thereupon the Magistrate before whom such complaint shall be made shall docket the case, in the name of the Village, versus the unknown owner of such animal, (describing it with reasonable certainty,) and shall issue a notice in substance as follows, viz: 8 ORDINANCES OF THE VILLAGE OF WELLINGTON. * POUND NOTICE. WHEREAS, complaint has this day been made before me, that the unknown owner of the following described animal, to-wit: [here describe the animal par¬ ticularly,) impounded at . on the . day of . A. D. 19 .. has permitted the same to run at large contrary to the ordinance of the Village of Wellington Now, therefore, notice is hereby given to the owner of said animal, and all parties interested in Ihe same, that a trial will be had upon the said complaint, at my office in the Village of Wellington, Illinois, on the . day of .. A. D. 19at the hour of . o'clock . V, when and where this owner or person interested may appear and defend , if he sees fit to do so Witness my hand and seal this . day of . 19 . . V. M. or J. R. The day named in said notice for trial shall not be less than five days nor more than ten days from the time of issuing same, and it shall be the duty of the pound keeper, Village constable, or any police officer, to post forthwith three copies of said notice in three public places in said Village. The officer posting said notice shall return a copy thereof to the office of the Magistrate, issuing the same, with his return, showing the time and places of such post¬ ing endorsed thereon. Trial After Notice—Judgment.] § 7. When the notice has been given, as required by the last Section, then upon the day and hour named in such notice, if the said animal has not been re¬ deemed, the Justice or Magistrate issuing such notice shall pro¬ ceed to hear the case, as in the case of personal service or sum¬ mons ; and if he finds that such animal has been lawfully and just¬ ly impounded, he shall render judgment accordingly and shall al¬ so render judgment for the amount of fees, costs, expenses, and charges incurred in the taking up, impounding and sustenance of such animal, including the costs of suit, and he shall enter upon his docket an order for the sale of such animal, to satisfy such judgment. Proceedings Against Non-Resident Owners.] § 8. If the ORDINANCES OF THE VILLAGE OF WELLINGTON. 9 name of the owner or possessor of such impounded animal is known, but he resides or has gone out of the Village, so that sum¬ mons cannot be served upon him,as provided by Section 5 hereof, then like proceedings shall be had, and like judgment shall be rendered as in the case of unknown owners as provided in Sections 6 and 7 hereof, except that the notices provided for in Section 6 shall be addressed to such owner or possessor by name, and an additional copy of said notice shall be issued and sent by mail,ad¬ dressed to such owner or possessor, at his post office address. If his post office address is not known, and upon diligent inquiry cannot be ascertained then such facts shall appear, in the return of the officer executing such notices, upon the copy of such notice by him filed in the office of the magistrate. Order for Sale.] § 9. Upon the rendition of any judgment as prescribed in this Ordinance the Magistrate shall issue to the pound keeper an order of sale substantially, as provided in cases of attachment under the statutes, which order shall be returned by such pound keeper within thirty days from its date to the office issuing same, with his return endorsed thereon, showing when and how the same is executed. Pound Keeper’s Notice of Sale.] § 10. Upon receipt of such order, the pound keeper shall immediately post up three notices in three public places in said Village which notices shall be substantiallv in the form as in cases of sales on execution un¬ der the statutes, which sale shall take place not less than three nor more than five days after the posting of same, exclusive of Sundays, holidays, and election days, and if the said animal is not redeemed the pound keeper shall sell the same in accordance with said notice. Pound Keeper’s Book—Proceeds of Sale.] § 11. The pound keeper shall keep a book provided by the Village, which shall be open to the inspection of the public, in which he shall re¬ cord a description of all animals impounded with the date of im¬ pounding each, the owner’s name if known, the name of the per¬ son or offioer by whom taken up, also what disposition was made of such animal, when and by whom redeemed, or in case of sale, the date of sale, the name of the purchaser, and the amount re¬ ceived therefor, and said pound keeper shall within ten days after every sale of animals as herein- provided, pay into the Village IO ORDINANCES OF THE VILLAGE OF WELLINGTON. treasury ail moneys received by him, in the excess of the fees, costs, and charges accruing to him, and the costs of the judicial proceedings which last named costs he shall pay over to the mag¬ istrate issuing the order of sale. Surplus Proceeds Paid to Owner.] § x2. If any surplus proceeds of any sale shall not have been paid into the Village treasury, the owner of the animal sold shall be entitled to receive such surplus less the costs and charges that may have accrued to the officers of the Village, upon presenting to the Village Board satisfactory proof of his ownership together with a certificate of the pound keeper of the amount of such surplus. Breaking Pound Penalty.] § 13. Whoever shall break open, or in any manner aid or assist in or counsel or advise the breaking open of any Village pound or shall take or attempt to take therefrom any impounded animal without the pound keeper’s consent, or whoever shall hinder, delay or obstruct the taking of any animal found unlawfully at large to the pound,or shall attempt to prevent the impounding thereof in any manner, shall in either case be fined not less than Ten Dollars, nor more than One Hundred Dollars. » Fees of Magistrate.] § 14. Police Magistrates and Justices of the Peace shall be allowed in all cases under this ordinance the same fees for docketing suits and issuing proceedings of all kinds, and for other services as are now provided by the statutes in civil cases, to be taxed and collected as other fees allowed by law. Staking Out Animals, Etc.] §15. It shall be unlawful for any person or persons to stake out, tie or graze any cow, horse or other animal, in, upon or so that they can get in or upon any public street, alley or highway within the corporate limits of said Village. Any person violating any of the provisions of this section shall be fined not less than Three Dollars nor more than One Hundred Dollars for each offense, and in addition thereto shall be liable for all damages done to any sidewalk, crossing, ditch, trees or other public property, by such animal. ORDINANCES OK THE VILLAGE OF WELLINGTON. II Dead Animals, Becoming a Nuisance.] § 16. Whoever shall knowingly suffer any dead animal belonging to him,or under his control to remain within said Village or within one-half mile from the limits thereof so as to be, or likely to become offensive in any manner, to any person, shall be deemed guilty of a nui¬ sance and shall be fined not less than Three Dollars nor more than One Hundred Dollars. Dead Animals, Removal of in Offensive Manner.] § 17. Any person removing any dead animal who shall purposely or un¬ necessarily cause the same to be offensive or annoying to any per¬ son, shall be subject to a penalty of not less than Three Dollars nor more than One Hundred Dollars. Driving Unhaltered Mules or Horses Through the Streets.] § 18. It shall be unlawful for any person to drive any mules or horses through the streets or alleys of the Village of Wellington unless they are securely haltered and controled, or led by some person having charge thereof. Any person violating this section shall be fined not less than Three nor more than Twenty Dollars for each offense. Riding or Driving Horses, Etc., Outside of Curb.] § 19. It shall be unlawful for any person riding or driving horses, cattle or other stock along the streets of the Village of Wellington, to allow said horses or stock to get back or outside of the curb line, and any person so offending shall be subject to a fihe of not less than Five nor more than Fifty Dollars. CHAPTER IV. auctions and auctioneers. Sale oe Goods bv Auction to be Made bv Auctioneer.] Section i. All sales of goods or chattels or personal property at public vendue, except as are made under and by virtue of legal 12 ORDINANCES OK THE VILLAGE OF WELLINGTON. process, shall be made by an auctioneer, his co-partner or clerk, who shall first have obtained in his own name a license in accord¬ ance with the Village of Wellington, and shall have paid therefor to the Village Clerk at the rate of Two Dollars per day, or Twelve Dollars per week. Penalties, Etc.] § 2. Any person who shall sell or attempt to sell at public vendue in said Village, any goods, chattels or personal property, whatsoever except under,and by virtue of legal process, without first obtaining a license therefor, as above re¬ quired, shall be fined for each offense not less than Five Dollars, nor more than Fifty Dollars. Revocation of License.] § 3. All licenses shall be subject to revocation by the President of the Village Board, whenever it shall appear to his or their satisfaction that the party so licensed, his agent or clerk, has violated any of the provisions of any ordi¬ nance lelating to auctions or auctioneers, or any of the conditions of the bond aforesaid. CHAPTER V. BILLIARDS, BALL-ALLEYS, ETC. Billiards, Etc., Prohibited.] Section i. That no person or persons, by himself, themselves, or by clerk, agent or servant, shall keep for ordinary use in any place of public resort, within the corporate limits of the Village of Wellington, any billiard, bagatelle, pigeon hole,or any other table or implement, kept or used for a similar purpose, or pin alley,or ball and pin alley, he or they shall be subject to a penalty of not less than Twenty Dollars, nor more than One Hundred Dollars for each offense. Each Game a Distinct Offense.] § 2. Each and every game suffered to be played or begun upon such table, shall be ORDINANCES OK THE VILLAGE OF WELLINGTON. 13 reckoned a separate and distinct offense, within the meaning of the foregoing section. CHAPTER VI. DOGS. Dogs to be Registered—Tax.] Section i. Every person owning, keeping or harboring any dog within the corporate limits of the Village of Wellington shall forthwith after the publication of these ordinances, or after acquiring such dog,if not now owned, register the same with the Village Clerk, who shall keep a book for that purpose, and it shall be the further duty of such person,to pay to the said Clerk, annually, before the first day of June in each year, a tax of One Dollar for each dog, so owned, kept or harbored bv him, and Two Dollars for each female dog. Village Clerk to Furnish Check to be Worn on Collar, Etc.] § 2. On receipt of the tax provided for in Section One hereof, the Village Clerk shall furnish to the person paying the same, without charge, at the expense of the Village, a metallic check for each dog on which tax is paid, with the year for which tax is paid, plainly marked thereon, which check such person shall cause to be worn upon the collar of such dog. Dog to Wear Collar With Name of Owner.] § 3. It shall be the duty of every person owning, keeping or harboring any dog as aforesaid, to cause such dog to wear about his neck a collar on which shall be engraved the name of his owner or keeper, and no dog shall at any time be suffered to go at large,within said Village without having such collar upon his'neck. Proclamation of President of Board, Etc.] § 4. When¬ ever the President of the Village Board shall deem it advisable for the prevention of hydrophobia, he may issue his proclamation re¬ quiring all dogs within the Village to be confined or to be muzzled, as he may deem best, for such time as he may in his proclamation / ORDINANCES OF THE VILLAGE OF WELLINGTON. 14 designate, and during the time so designated it shall be unlawful for any dog to go at large or unmuzzled, as the case may be, con¬ trary to the terms of such proclamation. v t Violations, Penalty, Nuisance.] § 5. Whoever shall own, keep or harbor any dog within said Village and shall fail or refuse to register the same as herein above provided, or to confine or muzzle the same, in accordance with any proclamation issued by the President, or shall fail or refuse to comply with any provision of any ordinance of said Village touching dogs, shall be fined Three Dollars: and every dog respecting which 'dl requirements of this ordinance are not complied with, is hereby declared to be a nuisance, and shall be abated by killing such dog in such manner, and by such means as may be deemed easiest and best, and shall be done by or under the direction of the Village Constable. m CHAPTER VII. FIRE PROTECTION | Unsafe Chimneys, Etc.] Section i. Any person owning or controlling any building, the stovepipes or chimneys of which are insecure, and liable to set fire to the same, and who shall refuse or neglect to abate or repair the same, so that the same will be secure and safe, after being notified by the Village Constable or any officer of said Village, shall be fined not less than Five Dol¬ lars nor more than Fifty Dollars for each offense. Deposit of Ashes.] § 2. No person shall keep or deposit any ashes in any building or within ten feet of any building, shed or fence, or other co nbustible material.unless within a secure and covered metallic or earthenware,or other fire proof vessel, or in a fire proof ash house, under a penalty of not less than Three Dol¬ lars, and not exceeding One Hundred Dollars, and all soap boil¬ ers, and other persons using ashes in the manufactury of anything in any wooden vessel or structure, shall keep them well dampened ORDINANCES OK THE VILLAGE OF WELLINGTON. 15 or saturated with water, under a penalty of not less than Three Dollars, and not exceeding One Hundred Dollars. Burning Straw—Bonfires.] § 3. No person shall set fire to, or burn shavings, straw or other material, in any open or pub¬ lic place in the Village, except in day time, nor then unless the condition of the wind and weather be such that such fire will not be likely to endanger or damage any building or property, nor within thirty feet of any building under a penalty of not less than Three Dollars,and not exceeding One Hundred Dollars:PROviDED, that bonfires may be built in the night, at any safe and proper place within the Village,by consent of the President of the Board. CHAPTER VIII. to HEALTH DEPARTMENT. Board of Health to be Appointed.] Section i. That a Board of Health be appointed by the President of the Village Board, by and with the consent of the said Board, consisting of three reputable citizens of the Village, one of whom shall be a physician, who shall constitute a Board of Health in and for the Village of Wellington. And they shall elect from among their own number a President and Secretary. Duties of Board.] § 2. The Board shall exercise a general supervision over the health of the Village, and shall make general and diligent examinations and enquiry into all matters affecting same. It shall cause all nuisances to be abated, and removed, which it may deem prejudicial to the public health, and it may make such sanitary rules and regulations as it deems necessary or expedient to preserve and promote the public health, or prevent the introduction or spreading of any contagious, malignant, infec¬ tious or pestilential disease. l6 ORDINANCES OF THE VILLAGE OF WELLINGTON. Powers of the Board.] § 3. Each member of the Board shall have the right during daylight to enter any house, stable, store or other building or premises, and to examine the same, and if he deems necessary to cause the floors to be raised in order that he may examine any cellar, vault or drain;and to cause all privies, water closets, dry wells, swill barrels to be cleaned, renovated or removed; and to cause all dead animals, or any nauseous or un¬ wholesome thing or substance to be removed or disposed of as they' may direct; and to cause any and all premises within the Vil¬ lage to be cleaned and all nuisances removed therefrom. In cases of pestilence or epidemic disease, or of danger from anticipated or impending pestilence or disease, or in case the sanitary condition of the Village should be of such character to warrant it, the said Board can take such measures, and do, order,or cause to be done, such acts for the preservation of the public health, as it may deem the public health and safety demand. Temporary Hospitals.] § 4. Whenever it may be deemed necessary the Village Board shall locate and establish a temporary hospital at any safe, retired or proper place, not exceeding five miles from the Village, and said hospital shall be under the man¬ agement and care of the Board of Health when organized. The said Board shall have power to provide suitable nurses and other attendants for all persons sent to said hospital. Removing Persons to Hospital.] § 5. The Board of Health may cause any person having any infectious, contagious or pestil¬ ential disease, or who has been exposed thereto to be quarantined or to be removed to such hospital, and there provide the necessary medical attention, nurses and other provisions for such person, at his expense if he is able to pay for the same, and if not so able, then at the expense of the Village. Term of Office of Board.] § 6 . The term of office for the members of the Board shall not extend beyond the municipal year in which they are appointed; and the Village Board may by a two- thirds vote, at any time during the year,discharge any or all mem¬ bers from further service. The several members of the Board shall not be entitled to compensation for their services. Orders of the Board —How Made—Penalty for Disobey¬ ing.] § 7. All orders of the Board when in session shall be ORDINANCES OF THE VILLAGE OF WELLINGTON. 17 made in writing, and certified to by the Secretary, and the Presi¬ dent shall cause them to be executed by the Village Constable. Whoever shall refuse or neglect to obey any order of the said Board of Health, or any member thereof, whether general or spec ial, verbal or written, shall be deemed to be guilty of a misde¬ meanor, and shall be fined not less than Three Dollars, nor more than One Hundred Dollars. In Case of Small Pox, Etc. — Duty of President—Flags,' Etc.] § 8 . Whenever the small pox or any other infectious or contagious disease exists in the Village, the President is empow¬ ered, and it is hereby made his duty to have red flags put up and kept up on every house in which said disease shall break out, on which flag or on cards printed for that purpose shall be painted or printed the name of the disease. Unlawful for Person to Go Abroad—When.] § 9. It shall not be lawful ior any person connected with any family or an in¬ mate of any house infected as aforesaid, to visit,frequent or go in¬ to the business or inhabited portions, streets or thoroughfares of the Village, while such infectious or contagious disease shall exist or be in the Village, and every person who shall be connected with any family, or an inmate of any house infected, as aforesaid, who shall visit or frequent or go into the business or inhabited portions, streets or thoroughfares of the Village, shall be subject to a penalty of Five' Dollars for every time he shall leave the in¬ fected premises for the purpose of going into the business or in¬ habited portion, streets or thoroughfares of the Village aforesaid, without obtaining a permit from said Board of Health. Duty of President to Give Notice—When.] § 10. When¬ ever it shall come to the knowledge of the President that any in¬ fectious or contagious disease has broken out or exists in the Vil¬ lage, it shall be the duty of the President to give notice to the persons occupying the house or premises in which the disease ex¬ ists, that the provisions of this ordinance shall be enforced, and shall give notice that the persons mentioned in Section 9 of this ordinance are required to keep within the bounds prescribed, and the President is further authorized to see that the families thus i8 ORDINANCES OK THE VILLAGE OF WELLINGTON. kept within bounds are furnished with all necessary food and medicine. President to Employ Nurses.] § n. Whenever it shall be necessary in case of an infectious or contagious disease, to em¬ ploy nurses or attendant for the persons diseased as aforesaid, the President is hereby authorized to supply the necessary nurses and attendants at the expense of the person so diseased, or their nat- .ural protectors, when they have sufficient property for that pur¬ pose, but in the c^se of a poor person, or those unable to procure the assistance of nurses and attendants, at the expense of the Village. Duty of Physicians.] § 12. It shall be the duty of all physi¬ cians practicing medicine in said Village, whenever any case of small pox or other infectious, contagious or pestilential disease comes under their care or notice to immediately give notice of the same to the President. Any person refusing or neglecting to give notice to the President as required by this section shall be fined not less than Twenty-five Dollars nor more than Two Hundred Dollars. Notice to Cleanse Premises ] § 13. The President shall annually during the month of May,have printed notices posted up, commanding all persons in said Village, within fifteen days from the date of said notices, to thoroughly cleanse, and purify their yards, barn lots, pig styes, cellars, privies, and the alleys and streets adjacent, of all trash, filth, manure, and other noisome substances likely to occasion disease, or prove offensive to any person in said Village, under penalty of failure so to do, of rigid prosecution under the ordinances of said Village; and it is hereby declared the duty of the Village Constable to inspect the yards, barn lots, pig styes, cellars and privies of every person in said Village (using no force however, for that purpose) as well as all the streets and alleys of said Village, and shall make complaint, and cause to be prosecuted every person who fails to. comply with such notices. Provided, that the notices aforesaid shall n*ot be construed as a condition precedent to fixing the liability of any person for the violation of any of th^ provisions of this ordinance, and^whoever shall refuse or neglect to cleanse and purify their premises as aforesaid, or shall refuse or neglect to obey the order ORDINANCES OK THE VILLAGE OF WELLINGTON. 19 of the President or Village Constable given in pursuance of this section, shall be subject to a penalty of not less than Three Dol¬ lars, and not exceeding One Hundred Dollars for each offense. CHAPTER IX. LABOR ON STREETS. Who to Work on Streets.] Section i. That every able bodied male inhabitant of the Village of Wellington, above the age of twenty-one years and under the age of fifty years (except paupers, lunatics, idiots, and such others as are exempt by law) shall be required to labor upon the streets and alleys of said Vil¬ lage of Wellington two da5^s in each and every year. Provided,that any person may commute for such labor at the rate of seventy-five cents per day. Penalty for Failing to Appear.] § 2. The superintendent of streets shall notify each person at least three days prior to the time he is to appear to perform said labor, and with what imple¬ ments, teams, etc., which notice may be verbal, or by leaving a written notice at their place of residence, and any person so noti¬ fied who shall fail to appear by himself or substitute, shall be fined as follows: For every day’s refusal or neglect, the sum of Two Dollars. If he was required to furnish a team, wagon, car¬ riage, man or implement, and shall refuse or neglect to comply, he shall be fined as follows: For wholly failing to comply with such requisition, Four Dollars ($4.00) for each day; For omitting to furnish a pair of horses or oxen, One Dollar and Fifty Cents for each day; For omitting to furnish’ a man to manage the team, Two Dollars per day; For omitting to furnish a wagon, cart or plow, Seventy-five Cents for each day. Duty of Superintendent to Make Complaint.] § 3. It shall be the duty of the Superintendent of Streets to make complaint be¬ fore some Justice of the Peace or Police Magistrate against all 20 ORDINANCES OF TH£ VILLAGE OF WELLINGTON. persons served with notice and who shall fail to appear as re¬ quired. Offenders to Work Out Fine.] § 4. That any person up¬ on whom any fine or penalty shall be imposed for a violation of any of the Village ordinances, who shall be committed to the county jail, or the calaboose, Village prison, work house, house of correction, or other place provided for the incarceration of offend¬ ers, shall be required to work for the corporation at such labor as his or her strength will permit,within or without such piison,work house, house of correction, or other place provided for the in¬ carceration of such offenders, not exceeding ten hours each work¬ ing day; and for such work the person so employed to be allowed, exclusive of his or her board, two dollars for each clay’s work on account of such fine andcosts. CHAPTER X LIQUORS. Selling or Giving Away Liquors Unlawfully.] Section i. That it shall be unlawful for any person or persons, by agent or otherwise, to sell, barter or give away, directly or indirectly, any whiskey, rum, brandy, gin, beer or mixed liquors, or any malt, spirituous or intoxicating liquors of any kind or quality,within the corporate limits of the Village of Wellington. Penalty, Etc ] § 2. Any person or persons violating section one of this ordinance on conviction thereof shall forfeit, and pay a fine of not less than Twenty Dollars, nor more than One Hundred Dollars for each offense proven to have been committed, and costs of suit. How Recovered.] § 3. The said above mentioned fine may be recovered before any Justice of the Peace,or Police Magistrate, ORDINANCES OF THE VILLAGE OF WELLINGTON. 2 1 in an action of debt to be brought in the name of the Village of Wellington as plaintiff. The first process shall be by summons, provided, however, that a warrant for the offender may issue in the first instance, upon the affidavit of any person that such ordi¬ nance has been violated, and that the person making the com¬ plaint has reasonable grounds to believe the party charged is guilty thereof, and upon the refusal or failure by any one fined as afore¬ said, to pay the same-, it shall be the duty of the Justice of the Peace or Police Magistrate to commit such person to the Village calaboose until such fines and costs are paid, not exceeding, how¬ ever, the term of six months. Permits to Druggists.] § 4. The Village Board of the Vil¬ lage of Wellington may grant permits to all the druggists who may apply therefor to them in writing, stating their places of bus¬ iness, to retail intoxicating liquors in any quantity less than one quart, for medical, mechanical, chemical, and sacramental pur¬ poses only, which permit shall be in writing, and extend to the then municipal year, and such permit may be revoked at the option of the Village Board by resolution to that effect. How Granted—Bond.] § 5. All druggists whoever may be permitted as herein provided to retail intoxicating liquors in less quantities than one quart for medical, mechanical, chemical and sacramental purposes only, shall, before selling or otherwise dis¬ posing of any such liquors, file a bond with the Village Clerk, which bond shall first be approved by the Village Board, in asilm or penalty of not less than Three Hundred Dollars, payable to the Village of Wellington, conditioned that he will not violate any of the provisions of this ordinance, and he shall in no case sell such intoxicating liquors to any person, except on prescription of a reg¬ ular practicing physician, who is not interested in any manner in such sale, and but one sale shall be made on each prescription, and in no case shall a sale be made on any prescription to a per¬ son intoxicated, or who is in the habit of getting intoxicated, or to any person to be used as a beverage or drink. Monthly Report Made—Oath.] § 6. Any druggist having a permit to sell liquors for medical, mechanical, chemical and sacramental purposes, as provided in this ordinance, shall, on the first regular meeting of each and every month, file a report in writing with the Village Clerk, which report shall contain the 22 ORDINANCES OF THE VILLAGE OF WELLINGTON. name of every person to whom liquor has been sold,and on whose prescription sold, the name or kind of liquor sold, and the pur¬ pose for which said liquor was intended, accompanied by such prescriptions as vouchers, and also accompanied by the affidavit of such druggist that the same is a true and correct report of said sales, and that he has sold or given away intoxicating liquors in no other cases. Any violation of the foregoing ordinance, shall sub¬ ject the offender to a fine of not less than Twenty Dollars,and not exceeding One Hundred Dollars for each offense. Prescription, to Whom Given.] § 7. That it shall be un¬ lawful for any physician to give a prescription to any well peison, or person who is in apparent good health to enable him or them to get any of said liquor, beverage or drink, to be used as a bev¬ erage, and any physician so offending shall be adjudged guilty of a nuisance, and upon conviction thereof, shall be fined in a sum. of Ten Dollars for each and every offense. Penalty for 'Giving to Persons Intoxicated.] § 8. That it shall be unlawful for a physician to give a prescription to any person intoxicated, or who is in the habit of getting iutoxicated, for the purpose of enabling him to get any of said liquor, bever¬ age or drink, to be used as a beverage, and any physician so of¬ fending shall be adjudged guilty of a nuisance, and upon convic¬ tion thereof shall be fined in a sum of Ten Dollars for each and pvery offense. m • Penalty for Using Such Liquor for Beverage.] § 9. That it shall be unlawful for any person obtaining a prescription, from a physician for intoxicating liquors for medical, mechanical,chem¬ ical or sacramental purposes for any member of his family or per¬ son under his employ, or otherwise, to use said.liquor as a bever¬ age for himself, or give the same'away to others to be used by them as a beverage, and any person so offending shall be fined in the sum of Ten Dollars for each and every offense. Duty of Village Officers to Complain.] § 10. It shall be the duty of the President of the Village Board, Village Marshal, and all other police officers of said Village, to give notice to the Village Attorney of every breach of this ordinance which may come to their knowledge, and the Village Attorney, upon said complaint being made and signed by the party complaining, shall prosecute suit against the person or persons so offending. ORDINANCES OF THE VILLAGE OF WELLINGTON. 23 Permits to be Signed by President, Etc.] § 11. The permits to druggists to sell liquors for medical, mechanical, chem¬ ical and sacramental purposes, shall be signed by the President, and bear the corporate seal of the Village of Wellington, and be certified by- the Clerk, said druggist paying the said Clerk One Dollar therefor. CHAPTER XI. MISDEMEANORS. Unlawful Assembly.] Section i. Any two or more persons who shall assemble for the purpose of disturbing the peace, or by committing any unlawful act, and who shall not disperse when commanded or requested by any peace officer, shall eac-h and sev¬ erally be subject to a penalty of not less than Three Dollars, and not exceeding One Hundred Dollars. / Assault, Assault and Battery.] § 2. Whoever shall assault, strike or fight another, or shall be guilty of any conduct calculat¬ ed to provoke a breach of the peace, shall be subject to a penalty of not less than Five Dollars, nor more than One Hundred Dollars. Disturbing the Peacf.] § 3. Whoever shall disturb the peace or shall be guilty of any violent, tumultuous, offensive or disorderly conduct, or shall use obscene, offensive, profane or un¬ seemly language, to the annoyance, disturbance or vexation of others, shall be subject to a penalty of not less than Three Dol¬ lars, nor more than One Hundred Dollars. Permitting Unlawful Assemblage.] § 4. Whoever shall suffer or permit any assemblage of persons for the purpose of dis¬ turbing the peace or of committing any unlawful act,or any breach of the peace, or any riotous, tumultuous or disorderly conduct, or any loud or unusual noise or disturbance, or obscene or profane 24 ORDINANCES OF THE VILLAGE OF WELLINGTON. language, to the annoyance, disturbance, or vexation of others, in or upon any premises occupied by him, or under his control, shall be subject to a penalty of not less than Five Dollars, nor more than One Hundred Dollars. Disturbing Peace of Family.] § 5. Whoever in the day or night time, shall wilfully and maliciously disturb the peace of any person or family by loud and unusual noises, or by threatening, traducing, quarreling, challenging to fight, or fighting, or who¬ ever shall in a threatening manner display any pistol, knife or slung-shot, brasS, steel, or iron knuckles,or other deadly weapons, day or night, shall be subject to a fine or penalty of not less than Ten Dollars, nor more than One Hundred Dollars. Aiding Unlawful Act.] § 6 . Whoever shall aid, abet or en¬ courage any unlawful act, or any violations of any ordinance of this Village, or shall be guilty of resisting or hindering any officer or officers of said Village in making any arrest, or in the perform¬ ance of any ether lawful duty, shall be subject to a penalty of not less than Twenty five Dollars, nor more than Two Hundred Dollars. Disturbing Assembly, Etc.] § 7. Whoever shall wilfully, heedlessly or maliciously disturb any assembly of persons met to¬ gether for any lawful purpose, shall be subject to a penalty of not less than Ten Dollars, nor more than One Hundred Dollars. Drunkenness.] § 8 . Whoever shall be found drunk, or in a state of intoxication in any public place, or in a place open to public view, shall be subject to a penalty of not less 'than Three Dollars, nor more than One Hundred Dollars. Indecent Exposure.] § 9. Whoever shall purposely or pub¬ licly make an indecent exposure of his or her person, or shall ap¬ pear in a dress not belonging to his or her sex, or in an indecent or lewd dress, or in a state of nudity, or shall be guilty of any in¬ decent or lewd act or behavior shall be subject to a penalty of not less than Five Dollars, nor more than One Hundred Dollars. Sale of Obscene Books.] § 10. Whoever shall bring with¬ in the limits of said Village for the purpose of sale or exhibition, ORDINANCES OF THE VILLAGE OF WELLINGTON. 25 or shall sell or offer for sale, or shall give away, or offer to give away, or shall in any manner exhibit, or shall make, draw, print or publish, any obscene, indecent or scandalous book, pamphlet, newspaper, journal, print, publication, paper or writing of any kind, or any obscene, indecent or lewd picture, engraving, card, photograph, model, cast or instrument, or any article of indecent or immoral use, shall, on conviction, be fined not less than Twen¬ ty-five Dollars, nor more than Two Hundred Dollars for each offense. Having Obscene Books, Etc., in Possession.] § n. Who¬ ever shall keep or have in his possession within said Village, any of the obscene or indecent articles, or things mentioned in the last preceding section, with or without intent to sell or dispose of the same, shall, on conviction, be fined not less than Five Dollars,nor more than Fifty Dollars. Obscene Writing or Figure.] § 12 Whoever shall, in any place open to public view, write, mark, draw, cut or make any obscene or indecent word, sentence, design or figure, shall be fined not less than Five Dollars nor more than One Hundred Dollars. Indecent Exhibition of Animals.] § 13. Whoever shall in¬ decently exhibit any stud horse, bull, jack, or other animal,in any public place, or shall let any such animal,except in some enclosed place out of public view, shall be subject to a penalty of not less than Five Dollars, and not exceeding One Hundred Dollars. Gambling.] § 14. Whoever shall in any manner gamble or play for any money, or other valuable thing, or for any check or anything representing or intended to represent money, or other valuable thing, at any game with cards, dice, checks, billiards, or with any other article, instrument or thing whatsoever, which may be used for the purpose of playing or betting upon, or winning or losing money, or other thing of value; or whoever shall bet on any such game when played by others, shall, for each offense, be fined not less than Ten Dollars, nor more than Two Hundred Dollars. Gaming House.] § 15. Whoever shall keep or maintain any gaming house or room, or any place where gaming or betting of any kind is done or going on, or whoever shall be an inmate of any room, house or place, where gaming of any kind is going on, 26 ORDINANCES OF THE VILLAGE OF WELLINGTON. or is allowed,or whoever shall frequent the same or shall be found therein, shall, for either offense be fined not less than Five Dol¬ lars, nor more than One Hundred Dollars. Leasing Premises for Gaming,] § 16. Whoever shall knowingly rent or lease to another,any building,room or piemises, to be used or occupied, in whole or in part, as a gaming house, or place for persons to come together, to play for money or other valuable thing, at any game, or to bet upon any game of chance, or shall knowingly permit the same to be used or occupied, shall be fined not less than Ten Dollars, nor more than Two Hundred Dollars. Duty of Police Force—Refusal of Admittance of Police— Penalty.] § 17. It shall be the duty of all members of the police force to report to the President each house, room or place, within the Village, wherein gaming of any kind is carried on, or wherein any games, devices, tables or other instruments or things for the purpose of gaming, or may be set up or maintained; and said police officers shall use and take all lawful means to suppress and prevent gaming or the playing at the tables, games or devices aforesaid, and for this purpose, when and as often as any of them shall have reasonable cause to suspect that any such table, game or device is set up, kept or maintained as aforesaid, or that any gaming of any kind is being carried on or done in any house,room or place, contrary to the ordinances of the Village, he shall make a complaint thereof, before some police magistrate or justice of the peace, and obtain a warrant authorizing him to enter such building, room or place; and said police officer shall thereupon have authority to demand entry therein, and any person or per¬ sons who shall refuse or neglect to open the door or entrance to such house, room or place, upon the application of any police of¬ ficer having such warrant, shall forfeit and pay a fine of not less than Twenty Dollars, nor more than Two Hundred Dollars for each offense. Police to Destroy Gaming Implements.] § 18. It is here¬ by made the duty of every police officer to seize any table, instru¬ ment or device, or thing used for the purpose of gaming; and all such table, instruments, devices or things shall be d^stroved; any person resisting or obstructing any member of the police force in the performance of any act authorized by this section shall be fined not less than Twenty Dollars, nor more than Fifty Dollars for each offense. ORDINANCES OF THE VILLAGE OF WELLINGTON. 27 Cruelty to Animals.] § 19. Whoever shall cruelly or un¬ necessarily beat or otherwise maltreat any dumb animal, or shall by gun or otherwise unnecessarily kill or destroy any bird or birds, in any public ground or street or in any private grounds without the consent of the owner or occupant thereof, shall be subject to a fine of not less than Five Dollars, nor more than Fifty Dollars. Injuring Public Property.] § 20. Whoever shall wilfully, maliciously or negligently, deface, destroy or otherwise injure any public property of the state, county or village, or any private property, or any trees, on public or private grounds, or being the owner or having control of any stock which shall break, deface or destroy any tree or other property shall be subject to a penalty of not less than Five Dollars, and not exceeding One Hundred Dol¬ lars. H itching Horses to Trees, Etc.] § 21. Whoever shall without the consent of the owner or occupant of the premises, fasten any horse or any other animal to any fence, railing, or tree, or any boxing placed around any tree, or post, put up, or stick any hand bills, placard or other show bill or notice upon any building or place, shall be subject to a penalty of not less than Five Dollars, and not exceeding One Hundred Dollars. Fast Driving.] § 22. Whoever shall purposely and rapidly or immoderately ride or drive any horse or mule, or any cattle or other like animals or any team in any street or alley in the inhab¬ ited part of the Village may be stopped by any person, and shall be stopped by any peace officer of the Village, and shall be s ub- ject to a fine or penalty of not less than Five Dollars, nor more than One Hundred Dollars. Leaving Animals Unfastened.] § 23. Whoever shall have or leave any horse, mule or team in an uninclosed or public place without being properly guarded or secured so as to prevent it run¬ ning away, shall be subject to a penalty of not more than One Hundred Dollars. Scaring Horses.] § 24. Whoever shall by riding any bicycle in the streets or on the sidewalks of said Village, or shall by any other means wilfully or negligently frighten any horse, mule, or other animal, being at the time ridden by any person or attached 28 ORDINANCES OF THE VILLAGE OF WELLINGTON. to any vehicle, shall be fined not less than Three Dollars, nor more than Fifty Dollars. Vehicle to Pass to the Right.] § 25. Any person driving any vehicle on any street, bridge or thoroughfare of said Village, shall, upon meeting any other vehicle, turn off, and drive to the right, so as to pass the same without injury. Any person who shall injure the person or property of another, by violating the section, shall be fined not less than Three Dollars, nor more than Fifty Dollars. Burglar Tools.] § 26. Any person having in his possession any nippers, of the description known as burglar’s nippers, or any pick lock, skeleton key, key to be used with a bit or bits, jimmy, or other burglar’s tool or instrument of whatever kind or descrip¬ tion, unless it be shown that such possession is innocent or for a lawful purpose, shall be fined not less than Twenty-five Dollars nor more than Two Hundred Dollars. Amusements on Sunday.] § 27. Whoever shall on Sunday, disturb the peace or good order of society by any displavor amusement, shall be subject to a penalty of not less than Five Dollars, nor more than One Hundred Dollars. Firing Cannon, Gun, Etc.] § 28. Whoever shall within the inhabited part of the Village, fire or discharge any cannon, gun,or pistol, or other fire arms, or shall set off or explode any torpedo, fire-cracker, fire-ball or rocket, or other fireworks whatever, shall be subject to a penalty of not less than Five Dollars, and not ex¬ ceeding One Hundred Dollars. But the setting or exploding of fireworks,and the making of bonfires upon the National Holidays, and the celebration of other public and general events, or the dis¬ charge of fire arms by any military company when on parade and in accordance with the command of the commanding officer, or by command or permission of any Village officer, or person in the discharge of any legal duty or act,when the same may be required as a necessity or act of usefulness, and is done in such a manner as not to endanger the safety of any person, or the injury of any property, or any officer in discharge of his duties, shall not be • deemed violations of this ordinance. Houses of III Fame.] § 29. Whoever shall keep, maintain, ORDINANCES OF THE VILLAGE OF WELLINGTON. 2 g frequent, be an inmate of, or connected with, or contribute to the support of any disorderly, gaming or bawdy house, houses of ill fame or of assignation,or any place for the practice of fornication, or shall knowingly suffer or permit any premises, owned or occu¬ pied by him, or under his control, to be used for any such pur¬ poses, shall be subject to a penalty of not less than Twenty-five Dollars nor more than One Hundred Dollars, and the provisions of this section shall extend three miles beyond the Village limits. Leaving Open Cellar Door, Etc.] § 30. Whoever shall in the night time leave any cellar door, vault, well, cistern, excava¬ tion, ditch, or other like place, upon or adjoining any street, alley or sidewalk, without securing and protecting the same, so as not to endanger the safety of persons or animals passing thereby from falling in, shall be subject to a penalty of not less than Five Dol¬ lars, nor more than One Hundred Dollars. Disturbing Lawful Assembly.] § 31. Any person or persons who in the night time, shall be assembled together or disturbing any lawful assembly of persons, or making any unusual noise or disturbance, to the disquiet or annoyance of any person or per¬ sons, or who may be found loitering or strolling about, or who, while committing any of the acts above set forth, shall not dis¬ perse and go to their homes when required by the President or any of the Village Board, or by any police officer, shall be subject to a penalty of not less than Five Dollars and not exceeding Fifty Dollars. Drinking in Public.] § 32. If two or more persons shall # assemble together, or who, being together, shall in any public place, or in any place open to public view, within the corporate limits of the Village of Wellington, drink any vinous, spirituous, fermented, mixed, malt, or other intoxicating liquors of any kind whatever, shall be deemed, and are hereby declared guilty of a nuisance, and shall be subject to a penalty of not less than Five Dollars, and not exceeding One Hundred Dollars for each offense. o Obstructing Street or Alley.] § 33. No person shall in¬ cumber or obstruct any street, alley or sidewalk so as to hinder, . delay or render passage along the same difficult or unsafe, either by the piling up of boxes, building materials, or in any other man¬ ner whatsoever, except by permission of the President or Village 30 ORDINANCES OK THE VILLAGE OF WELLINGTON. Marshal. Any person or persons violating any of the provisions of this section shall be subject to a penalty of not less than Five Dollars, nor more than Fifty Dollars for each offense. Obstructing Stairways.] § 34. No person shall, with other persons, congregate upon or about any stairway,doorway, window, or in front of any building or dwelling house, theatre, lecture- room, church or elsewhere, and by so doing obstruct or interfere with the free passage of persons entering or occupying any such building or premises, or by his or her language, conversation or conduct, annoy, insult or disturb persons passing along the street, or alley, or occupying, residing or doing business in any of the said houses or places; any person or persons violating any of the provisions of this section shall be subject to a penalty of not less than Five Dollars, and not exceeding Fifty Dollars. Throwing Stones—Slings, Etc.] § 35. Any boy or other person who shall cast or throw any stone, brick, club, snow-ball, ‘ or other missile at any person, or from or into any public place,or at, againsr, into or upon any tree, building, premises, or other property, or shall use, play with or have in his possession a sling of any character, air gun, spring gun, nigger shooter, or any other instrument, or device whatsoever, for the casting or throwing of stones, bullets or other things, shall be fined not less than One nor more than Twenty Dollars. And it is hereby made the duty of the Village Constable or any police officer or watchman of this Village to take possession of, and destroy any such sling, instru¬ ment or device found in the possession of a iy such boy or person aforesaid. Tramps and Vagrants.] § 36. That all persons who are idle and dissolute, and loiter about the Village without means of sup¬ port, or go about begging from house to house, and also all per¬ sons found lodging in or found in the night time in outhouses, sheds, barns, or unoccupied buildings, or lodging in the open air, and not giving a good account of themselves, shall be deemed to be, and are hereby declared to be vagabonds, and shall be subject to a penalty of not less than One Dollar, nor more than Ten Dol¬ lars for each offense, and in default of payment of said fine shail be imprisoned in the calaboose until such fine and costs are paid, or to work on the streets at $2.00 per day, until the fine and costs and expenses are paid;and it is hereby made the duty of the Village Constable and police officers to arrest such person or persons on view. ORDINANCES OF THE VILLAGE OF WELLINGTON. 31 Boys Making Disturbances, Etc.] § 37. Any two or more boys who may be assembled together and disturbing any lawful' assembly of persons, or making any unusual noise or disturbance, to the disquiet or annoyance of the neighborhood; or who may ,be found loitering or strolling around in the night time, and who shall not disperse and go to their several homes when required by the President or any police officer, shall each, severally,be subject to a penalty not exceeding Five Dollars in each case. Concealed Weapons.] § 38. Whoever shall carry concealed about his person, any pistol, revolver, derringer, bowie-knife,dirk, slung shot, metallic knuckles, or a razor, as a weapon, or any other deadly weapon of like character, capable of being concealed upon the person, or whoever shall in a threatening or boisterous manner, flourish or display the same, shall be fined not less than Ten Dollars, nor more than One Hundred Dollars;and in addition to the said penalty shall, upon the order of the magistrate or justice before whom such conviction is had, forfeit to the Village the weapon so carried. \ Judgment Entry.] § 39. Whenever any person shall be convicted of carrying any weapon in violation of the preceding section or section 5, it shall be the duty of the magistrate before whom such conviction is had to enter upon his docket as a part of the judgment in such cause, the forfeituie of the weapon so car¬ ried, which entry may be substantially as follows: “And it is further considered by the court, that the said de¬ fendant do forfeit and deliver to the Village of Wellington the said weapon, to-wit: (here describe weapon;)” and thereupon the Village Constable shall take possession of such weapon, and keep the same subject to the direction of the Village Board. Resisting an Officer.] § 40. Whoever shall wilfully hinder, delay, resist or obstruct any Village officer, or any person legally authorized by him, in the discharge of his duty, or shall aid, abet, or encourage £ny such hindering, delaying, resisting or obstruct¬ ing,or shall neglect or refuse to obey any lawful order or directions of any such officer, shall be subject to a fine of not less than Five Dollars, and not exceeding One Hundred Dollars for each offense. Rescuing Prisoners, Etc.] § 41. Whoever shall rescue or attempt to rescue, or shall abet or encourage the rescue or escape 32 ORDINANCES OF THE VILLAGE OF WELLINGTON. of any person from the custody of any officer, or other person legally having him in charge, or shall molest or interfere with any officer or other person so legally having any person in custody; or shall aid, abet, or encourage the rescue or escape or the attempt to escape, from any prison of any person legally committed there¬ to, or shall supply or attempt to supply any such person with any weapon, or with any implement or means of escape,or for attempt to escape, or with any intoxicating liquors, shall in each case, be subject to a penalty of not less than Twenty-five Dollars, and not exceeding One Hundred Dollars for each offense. Re-Arrest of Escaped Prisoners ] § 42. Whenever any person who shall escape from any prison or place of confinement to which he has been legally committed, or shall escape from any officer or other person having him in custody, it shall be the duty of the constable and all police officers to re-arrest,without process, the party so escaping whenever he may be found and re commit him to prison or deliver him into the custody of the officer, or person from whom he escaped. Lotteries Prohibited.] § 43. Whoever shall maintain or run or be in any way connected with any lottery, or any establishment, enterprise or business, by whatever name the same may be known, wherein any property is sold or disposed of by chance, or who¬ ever shall permit any such lottery, establishment, enterprise or business in any building or premises owned or controlled by him, or whoever shall within said Village, sell or dispose of any lottery tickets or shares, or any chance on any article or thing entitling or purporting to entitle the purchaser thereof to any chance, or whoever shall within said Village sell or dispose of any package or article purporting to contain a prize, or where, as an induce¬ ment to purchase, it is held out that such article or package may contain £ prize, or may entitle the purchaser to some article or thing of value not directly contemplated, and known in the pur¬ chase, shall, on conviction, be fined not less than Twenty Dollars nor more than One Hundred Dollars for each offense. Selling Tobacco, Etc., to Any Minors.] § 44. No person, persons, firm or corporation, within the corporate limits of the Village of Wellington, shall sell, buy for or furnish any cigar, cigarette, or tobacco in any form,to any minor under sixteen years of age, unless upon the written order of parent or guardian. Any ORDINANCES OF THE VILLAGE OF WELLINGTON. 33 person, persons, firm or corporation violating any of the provis¬ ions of this section shall be fined not less than Ten Dollars, nor more than One Hundred Dollars. License for Selling Cigarettes.] § 45. No person, per¬ sons, firm or corporation shall, within the corporate limits of the Village of Wellington sell or give away, or keep for sale or giving away, any cigarette or cigarettes without first obtaining therefor a license from the Village Clerk. The license shall be Five Hundred Dollars for each year. And any one violating any of the provis¬ ions of this section shall be fined not less than Ten Dollars nor more than One Hundred Dollars. Weighing or Drawing Explosives by Artificial Light.] § 46. Whoever shall by gas light, lamp light, or any artificial light, weigh any gun powder, or gun cotton, or draw any kerosene oil or burning fluid, from any cask or barrel, shall be fined not less than Three Dollars, nor more than Fifty Dollars. Throwing Peel or Rind on Walks.] § 47. Whoever shall throw, cast, lay or place on any sidewalk in said Village, the rind or peel of any orange, banana, apple or other fruit shall be fined not less than Three Dollars, nor more than Ten Dollats. « Injuring Pavement, Walk, Drain, or Sewer.] § 48. Who¬ ever shall tear up or injure any pavement, sidewalk, cross walk, drain or sewer, or shall hinder or obstruct the making or repairing of same, or of any other public work or improvement being done under Village authority, shall be fined not less than Ten Dollars, nor more than Two Hundred Dollars. Injuring Telephones, Etc.] § 49. Whoever shall wilfully, maliciously or negligently, break, deface, destroy, or in any other manner injure any street lamp or light, or any other lamp or light pole or post, telephone, electric light, or telegraph wire, or in any manner injure any telegraph, telephone or electric plant in the Village of Wellington, shall be subject to a penalty of not less than Five Dollars, and not exceeding One Hundred Dollars. False Alarm of Fire.] § 50. Whoever shall knowingly make or give a false alarm of fire, or any false cry for assistance, 34 ORDINANCES OF THE VILLAGE OF WELLINGTON. shall be fined not less than Three Dollars, nor more than One Hundred Dollars. Loitering About Depot, Etc.] § 51. Any person who shall idle, loaf or loiter in or around the depot of any railroad, or upon the platform or grounds adjoining thereto, and used in connection therewith; or shall in any manner impede, obstruct or disturb any officer or employe of such railroad while engaged in performing his lawful business connected therewith, or shall in any manner, molest, disturb, meddle with, or take or carry away any property of such company, or any property in course of transportation thereon, without permission from the proper agents or servants of the company operating said railway; or shall in any manner inter¬ fere with or disturb any passenger or traveler in or about such de¬ pot, platform or grounds, or other person having lawful business to transact there, shall in either case be guilty of a misdemeanor, and be fined not less than Three Dollars, nor more than Two Hundred Dollars. Accessoriks. ] § 52. Whoever aids, abets, assists, advises or. encourages the commission of any act prohibited by ordinance, or by any indirect means, causes or procures, any such offense to be committed, or whoever commits an offense through the interven¬ tion of an agent, servant, employe or person under his control, shall be deemed guilty fo the full extent, and may be proceeded against in the same manner as though said offense had been com¬ mitted by him directly, and with his own hand, and any such agent, servant, or other person doing any prohibited act for or on behalf of another shall be deemed guilty of such act equally with his employer or principal, and be subject to the same penalty ex¬ cept in such cases where a different or other penalty is provided by ordinance for such agent or employe. Interfering With Inspector of Public Works.] § 53. That where any contract is hereafter let for any public improvement or public work by the Village of Wellington or its Board of Local Improvements and there is a provision therein that the work shall be done under an inspector, who shall before entering upon his duties take the oath and qualify as a public officer of said Village, such inspector is hereby vested with police power. Such inspector shall at all times have freq and full access to the said work,and all parts of the same, and shall have free opportunity to inspect and ORDINANCES OF THE VILLAGE OF WELLINGTON. 35 examine the same, and shall have full power and authority to decide whether the said work or any part thereof is done or being done according to, or in conformity with, the plans and specifications provided for the same, and in case the said inspector shall decide that the work or any part thereof is not done,or is not being done, in accordance with or in conformity to the plans and specifications thereof, he shall have power to stop the same, or any part thereof upon giving notice to the contractor performing said work, or to the superintendent in charge of r ime, and any person or persons continuing said work, or attempting so to do, Ter such notice as aforesaid shall be guilty of a misdemeanor and subject to a fine of not less than Ten Dollars and not exceeding Two Hundred Dol¬ lars for each offense. # Violating Specifications for Sidewalks.] § 54. No person or persons shall put down within the Village of Wellington any brick or cement walk not in conformity with the general ordinances therefore, as set forth in sections 14 and 15 in ordinance entitled “Streets, Alleys and Sidewalks,” unless especially permitted to do so by the Village Board, and any person or persons violating the provisions of this section shall be subject to a penalty of not less than Ten Dollars, nor more than Four Hundred Dollars. Injuring Sewers, Etc.] § 55. Any person or persons who shall cut, fill up, injure, destroy, break into, make connections with or in any manner impair the usefulness of any sewer,drain, or ditch constructed within the corporation limits of the Village of Wellington, without first having obtained from the President a written permit so to do, shall be subject to a fine of not less than Fifteen Dollars, nor more than Twenty-five Dollars. , . / • Curfew.] § 56. That no minor under the age of sixteen years shall be allowed to loiter about the streets of the Village of Well¬ ington, after the hour of 8 o’clock at night,unless accompanied by parent or legal guardian. Any minor violating the provisions of this section shall be fined not less than One Dollar and not ex¬ ceeding Ten Dollars. It is hereby made the duty of the Village Constable to ring the bell at one of the churches, in said Village each evening at 8 o’clock so that all minors may know the' hour. Concerning Bicycles, Etc.] § 57. That it shall be unlaw¬ ful for any person or persons to ride any bicycle, tricycle or other ORDINANCES OK THE VILLAGE OF WELLINGTON. 3 6 ' • similar vehicle on any sidewalk at any time within corporate limits of said Village, and that no person or persons shall ride any bicy¬ cle, tricycle or other similar vehicle on any public street or alley betwe.en the time of one hour after sunset, and one hour before sunrise, unless such bicycle, tricycle or similar vehicle be equip¬ ped with a light, and any person or persons violating the condi¬ tions of this section shall be fined not less than Three Dollars nor more than Twenty Dollars for each offense. Driving or Riding on Sidewalks.] § 58. Whoever shall be guilty of riding or driving any animal of the species of horse, cow, sheep or hog, or riding or driving any wagon, buggy, cart, dray or other similar vehicle or causing same to be driven on any sidewalk in said Village shall be fined not to exceed Fifty Dollars for each offense. Spitting on Walks, Etc.] § 59. Whoever shall be guilty of spitting upon the sidewalks, or upon the floors of public places or buildings, within the Village of Wellington shall be subject to a penalty of One Dollar for each offense. - V V CHAPTER XII. NUISANCES. Cellars, Vaults, Drains.] Section i. Whoever shall suffer or permit any cellar, vault, drain pool, privy, sewer, yard,grounds or premises,owned,occupied or controlled by him to become from any cause, nauseous,foul or offensive or injurious to public health, or unpleasant or disagreeable to adjacent residences, or to any person passing along any street or alley near the same; or any person or persons who shall knowingly suffer or permit any dead animal belonging to him, or of which he has charge, to remain within the village or within one mile thereof, shall be deemed guilty of a nuisance; and any such person or persons committing ORDINANCES OF THE VILLAGE OF WELLINGTON. 37 any of the aforesaid nuisances, who shall neglect or refuse to abate, remedy or remove the same after notice thereof by the President, Village Constable, or Sanitary Committee, shall be fined not less than Three Dollars, nor more than Fifty Dollars, and shall be subject to a penalty of not less than One Dollar nor more than Ten Dollars for each day he shall suffer or permit such nuisance to remain after the expiration of the time fixed by said notice for the abatement of the same. Duty of Officers.] § 2. When any nuisance or anything likely to become a nuisance shall be found by the Village Consta¬ ble, member of the Sanitary committee or other officer of said Vil¬ lage,or if said nuisance shall be reported to them or either of them it shall then be the duty of the Village Constable to serve or cause to be served, a notice upon the owner, tenant or occupant of the premises where such nuisance exists, or the author of the same, thereby notifying him to abate, remedy or remove the same within a certain time, to be specified in said notice, which shall not be less than twelve hours, nor more than twenty days, owing to the nature or character of the nuisance complained of. In case the person so notified shall not comply with said notice, the Constable or any police officer of the said Village, shall enter upon the premises where such nuisance exists, and abate, remedy or remove the same, and shall forthwith bring suit against such person or persons in the name of the Village, for the penalty in¬ curred by the violation of this ordinance or any section thereof, and the costs of the abatement or removal of such nuisance may also be recovered with the penalty or by a separate suit in the name of the Village before any court having jurisdiction. Slaughter Houses, Etc.] § 3. That any slaughter house within the Village, or within one mile of the Village limits, be¬ coming offensive or injurious to public health, is hereby declared a nuisance, and shall subject the owner or person occupying or controlling the same to a penalty of Five Dollars, and a further penalty of Five Dollars a day for every day allowed to remain after notice to remove the same. Dangerous Buildings.] § 4. Any building or erection or part thereof, which shall be in danger of falling, or otherwise in such condition as to endanger the safety of persons passing under, or near the same, or residing adjacent thereto, or to endanger any property contiguous thereto, is hereby declared to be a nuisance. 38 ORDINANCES OF THE VILLAGE OF WELLINGTON. Duty of the President.] § 5. When knowledge of any such dangerous building or erection shall come to the President, he shall, without delay, summon three disinterested citizens, of the Village, who shall with him inspect such building or erection, and if they, or a majority of them, shall be of the opinion that the same endangers the safety of persons passing under and near the same, or residing adjacent thereto, or any property contiguous thereto, the President shall, without delay, notify or cause to be notified the person or owner having charge of the same, forthwith to remove, demolish, or otherwise secure the same, or such part thereof, as may be necessary; and upon his failing or refusing to comply with such notice, the President shall, without delay, cause such building or erection,or such part thereof as may be necessary to be removed, demolished or otherwise secured, so as to be safe and harmless, and the owner of such building or erection, or per¬ son having charge of same, who shall fail or refuse to comply with such notice, shall be subject to a penalty of not less than Twenty Dollars, and not exceeding One Hundred Dollars. And the costs of removing, demolishing or securing such building or erection, shall be reported to the Village Board by the President, and the same may be collected from the owner of such building or erection, or person having the same in charge, by suit in the name of the Village, before any court having jurisdiction. a Privy Vaults.] § 6 . That all privy vaults that now exist, or that may hereafter be made in the Village of Wellington, shall be not less than four feet in depth, and no privy vault shall be con¬ structed, or allowed to remain, less than forty feet from any ad¬ joining dwelling. And any violation of this ordinance shall subject the offender to a fine of not less than Five Dollars, and not ex¬ ceeding Twenty Dollars for each offense. Littering Streets.] § 7. No person shall allow husks,straw, cobs, or manure to fall from their vehicles while passing along or upon any street of said Village, littering the same; any person violating the provisions of this section shall be liable to a penalty of not less than Five Dollars, nor more than Twenty-five Dollars for each offense. Smoking or Spitting in Public Buildings.] § 8. That smoking in, or spitting tobacco or tobacco juice or spitting upon the floor of any public building within the Village of Wellington, ORDINANCES OF THE VILLAGE OF WELLINGTON. 39 is hereby declared a nuisance and any person so offending shall be fined not less than Five Dollars, nor more than Twenty Dollars. Breaking of Colts Upon Streets.] § 9. That the break¬ ing of colts upon the streets of the Village of Wellington, be, and the same is hereby declared to be a nuisance, and any person who shall break a colt upon the streets of said Village, or drive any wild or vicious animal upon said streets shall be fined not less than Five Dollars, and not more than Fifty Dollars. CHAPTER XIII \ OFFICERS. Officers Appointed.] Section i. There shall be appointed annually by the President,with the approval of the Village Board, the following Village Officers, viz: A Village Constable, a Village Superintendent of Streets, a Pound-keeper, and such number of police as the Village Board may by resolution deem necessary and expedient. Chief of Police.] § 2. The Village Constable of said Village shall be Chief of Police, and all policemen and watchmen (subject to the general supervision of the President) shall be under his di¬ rection and control. It shall be his duty at all times to preserve the public peace and enforce the ordinances, and whenever a vio¬ lation of any ordinance of said Village shall come to his notice, or be reported to him, he shall without delay, cause a proper com¬ plaint to be made before the proper court, and assist in procuring the evidence of the successful prosecution of the offender. It shall be his duty to have charge of the engine room, and see that the fire engine, and all the appliances for extinguishing fires are in proper shape and order, and at all times ready for immediate use; and he shall report to the Village Board at the first meeting in each month the condition of such department. 4 o ORDINANCES OF THE VILLAGE OF WELLINGTON. Charge of Calaboose.] § 3. He shall have charge of the calaboose and other public buildings belonging to the Village, and shall see that they are in necessary order and repair. It shall be his duty to be present, together with the police force under his charge, at each fire without delay and remain there during the continuance of such fire, (unless required to leave in the perform¬ ance of his official duty) and assist in extinguishing the same, and preserving and protecting property, and performing general police duties. To Keep a Record.] § 4. It shall be the duty of the Village Constable to keep a record of all the arrests made by him,in which shall be entered the name of the person arrested, the crime or misdemeanor charged, and fine imposed by the court, together with the date of such arrest, and he shall include this in his an¬ nual report to the Board. Magistrate’s Report.] § 5. That it shall be the duty of the Police Magistrate, and Justice of the Peace before whom suits may be brought in favor of said Village, to make and report, in writing to the Village Board all fines imposed or collected by them, in which they shall specify the name of the person charged, the amount of fine imposed, and the date of same, which report shall be certified to by said Justice, and all money due the Village be paid the Village Treasurer, which report shall be made at the end of each quarter. Duties of Village Clerk.] § 6. The Village Clerk shall keep the corporate seal of said Village, and all papers belonging to the Village. He shall attend all meetings of the Village Board, and keep a full record of all its proceedings in its journal. He shall keep full and complete accounts and exhibits of all financial trans¬ actions of the Village, to be entered upon such books as are pro¬ vided for the purpose,including in such accounts all claims against the Village, as the same may be allowed, and all orders for the payment of money granted, and on what account. He shall pre¬ serve in his office all bills on which any^ money may be paid out by 7 the Village, which shall be neatly folded and endorsed with the name of the payee thereon. He shall issue all licenses, in ac¬ cordance with the ordinances of the Village, and shall keep a record in a suitable book of each license granted, for what pur¬ pose, for what length of time, the location of the place of busi¬ ness for which the license was obtained and the amount of ORDINANCES OF THE VILLAGE OF WELLINGTON. 41 license fees obtained. He shall perform such other and further duties pertaining to this office as may be necessary, or as the Vil¬ lage Board may from time to time direct. Duties of Village Attorney,] § 7. It shall be the duty of the Village attorney to prosecute all suits for the recovery of fines or penalties, before any court, for the violation of any of the laws or ordinances of said Village, to institute or defend any suit which may be brought into court by or against the Village, or which may be brought by or against any of its officers,on account of any of their official acts. To draft all ordinances, bonds, contracts,leases, conveyances, and other instruments of writing, as may be required by the business of the Village, and to furnish his writen opinion upon any legal question submitted to him for such opinion by the Village Board, and to regularly attend all meetings of said Board. And he shall also make any reports concerning any suits to which the Village may be party, whenever directed to do so by the Board. Trial of Person Arrested—Continuance—Bail ] § 8. When¬ ever any person shall be arrested for any offense, if any police magistrate is at his office, the prisoner shall be immediately taken before such magistrate, and if the Village and the prisoner are both ready, a trial may at once be had: but either party may have a continuance for a reasonable time to procure witnesses, or for other good cause shown; and the prisoner shall enter into a recog¬ nizance, with surety to be approved by the magistrate for his ap¬ pearance at the time of trial; and in default of such recognizance he shall be confined in the Village calaboose until the time fixed for trial, and until the further order of the court. Arrest at Night.] § 9. All persons arrested in the night time, or at other times when no police magistrate’s court shall be open, shall be confined in the Village calaboose until the next morning, or until a trial can be had, or if arrested on Saturday night, or on Sunday, then he shall be confined as aforesaid until Monday morning, when the prisoner shall be taken before a police magistrate, and a trial had, or the cause continued as provided in the preceding section. Prisoners Drunk When Arrested.] § 10. Whenever any person arrested for any offense shall,-at the time of arrest,be drunk ORDINANCES OF THE VILLAGE OF WELLINGTON. 4 2 or intoxicated, the officer making such arrest shall take such per¬ son and confine him in the calaboose, until he shall become sober; and he shall then be taken before a police magistrate for trial as provided in other cases. Statement to be Filed.] § n. When any suit for the violation of any of the Village ordinances shall be commenced by summons before any police magistrate or justice of the peace, the Village Attorney or some other officer of the Village, shall file a statement signed by him, substantially as follows, viz: “A . B., to the Village of Wellington, Dr , to . dollars for the violation of the . section [or sections) of an ordinance of the Village of Wellington, entitled [here set forth the title of the ordinance ) passed on the . day of . 19[or of the Village charter as the case may be) in this, to-wit: that the said A- B.,on or about the . day of ., A. I). 19 ..., before the commencement of this suit did, at the Vil¬ lage of Wellington [or within the jurisdiction of said Village), [here state the par¬ ticular violation or violations complained of, as near as may be, in the language of the ordinance of the Village charter). Signed, C. D." Witness and Jur/ Fees.] § 12. Witnesses and jurors at¬ tending before any Police Magistrate in any suit or action for any fine or penalty arising under the ordinances of the Village shall in case judgment is obtained against the offender and collected from him, be entitled to the same fees as in like cases before Justices of the Peace. But no costs of any kind shall be taxed against or collected of the Village. But in case the defendant is acquitted, the Magistrate or Justice of the Peace before whom the case is tried may present to some regular meeting of the Village Board a transcript of his docket, showing the cost accrued to him in said cause, which bill the Village may pay or refuse to pay, in its dis¬ cretion. Oath of Office.] § 13. All officers, whether elected or ap¬ pointed, shall before entering upon the duties of their respective offices, take and subscribe to the following oath or affirmation: “I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution ORDINANCES OF THE VILLAGE OF WELLINGTON. 43 of the State of Illinois, and that I will faithfully discharge the duties of the office of., according to the best of my ability. ” Official Bonds.] § 14. All officers, whether elected or ap¬ pointed, except aldermen, shall, before entering upon the duties of their respective offices, execute a bond with security, to be ap¬ proved by the Village Board,payable to the Village of Wellington, in such penal sum as may, by resolution or ordinance, be directed, conditioned for the faithful performance of the duties of the office, and the payment of all moneys received by such officer, according to law, and the ordinances of said Village. Board of Local Improvements.] § 15. That the President of the Village of Wellington, together with the chairman of the Street and Alley committee, and the chairman of the Fire and Water committee, be and they are hereby constituted a board of Local Improvements of the Village of Wellington, and such of¬ ficers of said Village, shall continue to constitute such board of local improvements until otherwise provided by law, or the ordi¬ nance of said Village. Fees and Salaries.] § 16. That the President of the Board of Trustees shall receive as his salary the sum of One Dollar per year. That each member of the Board of Trustees shall receive as his salary the sum of One Dollar per year. That the salary of the Village Clerk be and the same is hereby fixed at the sum of Twenty-five Dollars per year. That the salary of the Village Attorney be and the same is here¬ by fixed at the sum of Twenty-five Dollars per year. And in addi¬ tion thereto he shall be entitled to the sum of Three Dollars for each conviction before a police magistrate or justice of the peace, which said amounts shall be exclusive of business in courts of record, for which there shall be paid a reasonable fee to be audited and paid as other claims against the Village. That the Village Treasurer shall be allowed and paid as his compensation, one per cent, on all moneys paid out by him. That the salary of the Village Constable be and the same is hereby fixed at the sum of Twenty-five Dollars per month, and in addition thereto he shall be allowed to receive all fees collected by him on process coming to his hands,as such Village Constable, and which are legally collectable, under the laws of the state. 44 ORDINANCES OF THE VILLAGE OF WELLINGTON. CHAPTER XIV. ORDINANCES. Ordinance Repealed in Force Till When.] Section i. When any ordinance or part of any ordinance shall be repealed or modi¬ fied by any subsequent ordinance, the ordinance or part of ordi¬ nance thus repealed or modified shall continue in force until the ordinance repealing or modifying the same takes effect, unless it shall be therein otherwise expressly provided. \ Fines Not Released, Etc.] § 2. No fine, penalty, right, action, suit,debt or other liability now existing in favor of the said Village of Wellington, by virtue of the ordinances heretofore in force, or that may be now in force, shall be released, discharged or in any wise effected by the adoption of these, the revised ordi¬ nances of said Village, but all such fines, penalties, rights,actions, suits, debts, or demands may be prosecuted,recovered or enjoyed, and all proceedings commenced or completed thereon,and all suits now pending, prosecuted to final judgment under the ordinances in force when such fine, penalty, right, action, suit, debt or de¬ mand accrued,or under which such suit was commenced as fully, and in all respects as if such ordinances had not been repealed. Enrollment of Ordinances—Duties of Clerk.] § 3. All ordinances passed by the Village Board shall be enrolled by the Village Clerk, in the record book of Ordinances,and shall be prop¬ erly indexed by their titles or subjects, and he shall, without de¬ lay, cause all ordinances required by law to be so publishsd or posted, to be published in the newspaper authorized to publish the ordinance of the Village, with his certificate under the corporate seal attached, that the same is a true and authentic copy of the original ordinance, or ordinances, and that it is printed and pub¬ lished or posted by authority of the Village Board. He shall pro- ORDINANCES OF THE VILLAGE OF WELLINGTON. 45 cure the affidavit of the printer or publisher of the newspaper pub¬ lishing the ordinances of the Village of the due-publication of such ordinances, and attach the same to the original ordinance, or he may write and attest such affidavit; or any other competent proof of such due publication upon the face of the record of ordinances. The Village Clerk shall file and preserve the originals of all ordi¬ nances in his office, and he may correct any errors in the num¬ bering or any chapter or section of any ordinance, and insert the proper numbers; and he may omit words inserted or supply with brackets words omitted by clerical mistake. He shall attend to the printing or posting of all ordinances requiring publication or post- ting, or ordered to be published or posted, and read the proof sheets thereof,and see that they are correctly and properly printed and published or posted. Two Offenses—Election of Prosecutor.] § 4. Whenever any fine or penalty shall be imposed by different ordinances, or sections, or clauses of different ordinances, for the same offense, the officer or person prosecuting may choose under which ordi¬ nance or section to proceed,and the recovery under the same,shall be a bar to any further proceedings under any other provision for the same offense. Old Ordinances in Force.] § 5. All ordinances now in force in the Village of Wellington,and not inconsistent with these, the revised ordinances, shall remain in force under these ordi nances until altered, modified or repealed by the Village Board, after these, the revised ordinances, shall take effect. All ordi¬ nances or parts of ordinances, in conflict with the revised ordi¬ nances, or any chapter or section thereof, are hereby repealed. CHAPTER XV. PEDDLERS. License Required—Penalty.] Section i. That no person shall hawk or peddle merchandise or other articles within the Vil- 46 ORDINANCES OK THE VILLAGE OF WELLINGTON. lage of Wellington, without a license therefor, under a penalty of not less than Two Dollars, and not exceeding One Hundred Dol¬ lars for each offense. * Peddlers Defined.] § 2. All sales of goods or merchandise, or the offering for sale of any goods or merchandise by any person remaining transiently within the Village, for the purpose of dis¬ posing of same by retail, or traveling about from one place to an¬ other with goods or merchandise, and selling or disposing of same by retail, or offering to sell or dispose of same by retaii, whether in any temporary place of business or otherwise, shall be deemed peddling under the provisions hereof: Provided, that the selling of books, which are sold by subscription only, shall not be deemed peddling under this ordinance. License Price per Diem.] § 3. For a license to hawk or ped¬ dle by foot peddlers there shall be taxed Two Dollars per day. For peddlers using a one horse vehicle, Three Dollars per day shall be taxed. For a two horse vehicle, Five Dollars per day shall be taxed; and for persons located transiently in a room or rooms, Three Dollars per day,or Fifteen Dollars per week; but no license shall be required for peddling, vending or marketing vegetables, fruits or milk. Peddlers Not to Enter Buildings, Etc.] § 4. No ped¬ dler shall enter.any private dwelling in this Village without being admitted into same, or shall insist upon showing or sale of his goods or wares to any person therein after being told that he or she does not wish to purchase the same, or shall otherwise vex or annoy any person, under a penalty of not less than Three Dollars, nor more than One Hundred Dollars for each offense, and a for¬ feiture of his license, in the discretion of the Village Board. Discretion of President in Cases of Charity.] § 5. When¬ ever, in the judgment of the President it would be a proper charity to allow any sick, crippled or helpless person, or any person in poverty or distress, to sell or peddle notions, or other like prop¬ erty, without requiring the license fees herein charged to be paid, the President may grant such person a permit to sell free of charge, such permit to be revoked at any time, in the discretion of the President. ORDINANCES OF THE VILLAGE OF WELLINGTON. 47 CHAPTER XVI. RAILROADS AND RAILROAD TRAINS. Speed Limited to Six Miles an Hour.] Section i. That it shall be unlawful for any person or persons, or corporation,to run, drive or propel in any manner whatever, along any railroad track, side-track or switch, within the corporate limits of the Village of Wellington, any locomotive, engine, railroad car,or train, or train of cars, or hand car, at a speed of exceeding the rate of six miles per hour, provided that passenger trains may be so run at the rate of ten miles per hour or u ’der. Penaltv, Etc.] § 2. Any person or persons, or railroad cor¬ poration, or railroad company who shall, by themselves, their agents or employe, violate or fail to observe any provisions of the foregoing section, shall, for each violation or failure to observe the same, be fined not less than Five Dollars nor exceeding Two Hundred Dollars for each offense. Obstructing Street Crossings.] § 3. That it shall be un¬ lawful for any railroad company, or corporation, either by itself, its agents, engineers, employes, conductors, or for any conductor or engineer employed by any railroad company or railroad cor¬ poration, to cause or allow any engine, locontotive, car or cars, or train of cars, to stop in or across or remain in or across any street within the corporate limits of the Village of Wellington for a space of time exceeding five minutes, except for the purpose of receiv¬ ing or discharging passengers or the United States mail, or to re¬ ceive the necessary fuel or water, and in no case to exceed ten minutes for each train, car or locomotive. 48 ORDINANCES OK THE VILLAGE OF WELLINGTON. Penalty, Etc.] § 4. Every engineer or conductor violating the provisions of the foregoing section shall for each offense for¬ feit and pay to the said Village of Wellington, the sum of not less than Ten Dollars nor more than One Hundred Dollars, to be re¬ covered in an action of debt in the name of the Village of Well¬ ington, and the corporation or company on whose road the offense is committed shall be liable for the like sum. Jumping on Trains Forbidden.] § 5. No persons, either minor or adult, shall, within the corporate limits of Wellington, climb; jump, step, stand upon, cling to, or in any way attach him¬ self to any locomotive, engine,or car, either standing or in motion upon any part of the track, or side track, or Y of any railroad, un¬ less in so doing he shall be acting compliance with law, or by per¬ mission, under the lawful rules and regulations of the corporation then owning or managing such railroad. Complaint Made.] § 6. Whenever any officer, agent or em¬ ploye of any railroad corporation shall have any information that any person or minor has violated any of the provisions of the pre¬ ceding section, and has thereb}' endangered himself, or caused reasonable alarm to others, said officer, agent, or employe shall, without unnecessary delay, make complaint of such offense against such persons or minor before the Police Magistrate of said Village of Wellington, or before some Justice of the Peace, having his of¬ fice within the corporate limits of the same. ♦ Penalty, Etc.] § 7. Any person, whether minor or adult, who shall violate any of the provisions of section five of this ordi¬ nance, shall be fined for each offense, not less than One Dollar, nor more than Five Dollars, and costs of suit. Any person or minor, who after conviction under the preceding section, shall fail or neglect to pay the fine and costs imposed upon him, shall be lodged in the Village calaboose, until the same are fully paid, pro¬ vided that no such imprisonment shall exceed six months for any one offense. Railroad Crossings and Bridges.] § 8. All railroad com¬ panies whose tracks now, or may hereafter enter, or pass through the corporate limits of the Village, shall respectively construct, re¬ pair, and maintain, good, safe and sufficient Tulverts, crossings and bridges, with good and easy approach thereto, on the public ORDINANCES OF THE VILLAGE OF WELLINGTON. 49 alleys, streets and highways, where their respective tracks pass under, across or over any alley, street or highway, within said Village. Neglect After Notice—Penalty.] § 9. Whenever any crossing, culvert or bridge shall be needed upon the line of any railroad, within the Village, or shall need repairing, it shall be the duty of the President to give such company thirty days notice, in writing, of the work to be done and the place where required, and any railroad company neglecting or refusing to construct or repair any crossing, culvert or bridge, after having received thirty days notice so to do, shall be fined not less than Five Dollars,nor more than Fifty Dollars, for each day of said neglect or refusal. Village May Build Crossing and Recover Cost.] §.io. In case of the failure or refusal of any railroad company to construct or repair any crossing, culvert or bridge when duly notified by the President so to do, as provided in section nine hereof, the Village Board may order such crossing, culvert or bridge, to be construct¬ ed or repaired as may be needed, at the expense of the Village, and such company shall be liable to the Village in an action of debt for the costs thereof. CHAPTER XVIJ. RULES, ETC., FOR GOVERNMENT OF VILLAGE BOARD. Meetings of Board.] Section i. The regular meetings of the Village Board shall be on the first Monday evening of each month during the year, and shall be held at the hour of seven thir¬ ty o’clock p. m. from October first to March first, and from March first to October first at eight o’clock p. m. Special meetings may be called by the President or a quorum of the Board of Trustees, in which case it shall be the duty of the Village Constable to notify each Trustee/within the Village of such special meeting. 5 ° ORDINANCES OF THE VILLAGE OF WELLINGTON. Standing Committees.] § 2. It shall be the duty of the Pres¬ ident at the beginning of each year, for w'hich members of the Vil¬ lage Board are elected, to appoint the following named standing committees; the first named member of each committee to be the chairman thereof, and each committee to consist of not less than three members, viz: First: Committee on Streets and Alleys. Second: Committee on Public Buildings and Grounds. Third: Committee on Finance. Fourth: Committee on Sidewalks. Fifth: Committee on Sanitary Affairs. Duties of Standing Committees.] § 3. It shall be the duty of the standing committees to keep a close watch over the affairs of their respective departments, and to promptly investigate any report in writing upon all matters referred to them by the Board, and perform such other duties as may be from time to time as¬ signed them. Streets and Alleys.] § 4. The committee on streets and al¬ leys shall have charge of and direct all improvements on public thoroughfares; the opening, laying out, widening, extending, and vacating ths same; and all additions to the Village. Public Grounds and Buildings.] § 5. The committee on public grounds and buildings shall have charge of all buildings and grounds, including the parks, if any, belonging to or occupied by the Village, and the preservation, repair and improvement of the same. Finance.] § 6 . The committee on finance shall have charge of all matters pertaining to the Financial condition of the Village; audit and examine the Treasurer’s reports; receive estimates from the other committees, for annual appropriations and prepare and present the annual appropriation bill and shall report to the Vil¬ lage Board, at each regular meeting thereof the amount of expend¬ itures made at the previous meeting thereof and the balance unex¬ pended in each department of appropriation. No Member to Make Contracts.] § 7. No committee of the Village Board nor any member thereof, nor other officer of said Village,shall expend or contract for the expenditure of any money ipo^y- yt{ ^=r Aw &Li. )¥■ 2^- /6 c h?6 A /$$ bvW" ■j Aa^iCIMtI yL4AAj£jft~ jl * /UL & . tf .ORDINANCES OF THE VILLAGE OF WELLINGTON. 51 belonging to the Village, or incur any liability for or on behalf of the Village, unless authorized so to do, by an ordinance or resolu¬ tion of the Board or by express provision of the statute. Rules of Board.] § 8. The following rules for the govern¬ ment of the deliberation of Village Board are hereby adopted, to-wit: 1. Reading minutes of preceding meeting, and special meeting, unless dispensed with, and their amendment or correction, 2. Presentation of petitions, claims, and reports of officers. 3. Reports of standing committees. 4. Reports of special committees. 5. Communications to the Board. 6. Unfinished business. 7. New business. 8. No member shall speak more than twice on any question,nor more than ten minutes at one time, except by permission of the Board. 9. All votes of the Board upon the passage of ordinances or au¬ thorizing the expenditure of any money, and upon the confirma¬ tion of officer, appointed bv the President, shall be taken by ayes and noes, and be entered by the Clerk upon the records of the Village. , 10. All petitions and other communications to the Board shall be in writing and filed away and preserved by the Clerk. 11. In all cases, the name of a member offering a resolution or motion shall be entered with it upon the journal. 12. On all points not herein especially provided for, Cushing’s Manual of Parliamentary Usage is hereby adopted and made the law governing all deliberations of said Board. 13. The President shall at all times have the power to enforce the strictest parliamentary discipline, and compel the attendance of absent members, at the instance of any two members present. 14. The foregoing rules, or any of them, may be suspended by the unanimous consent of the majority of the Board,and not other¬ wise. Fiscal Year ] § 9. The fiscal year shall commence on the first day of May and end on the last day of April in each and every year, and th'e Board of Trustees shall within the first quar ter of each fiscal year, pass an ordinance, to be termed the annual appropriation bill, in which they shall appropriate such sum or 52 ORDINANCES OF THE VILLAGE OF WELLINGTON. sums of money as may be deemed necessary to defray all necessa¬ ry expenses and liabilities of said Village in which ordinance shall be specified the objects and purposes for which such appropria¬ tions are made, and the amount appropriated for each object or purpose. CHAPTER XVIII. STREETS, ALLEYS AND SIDEWALKS. Depositing Rubbish.] Section i. No person shall deposit, pile, throw or sweep any rubbish, dirt, paper, paper boxes, waste or garbage of any kind into said streets or onto the sidewalks along the same. Any person or persons violating any of the provisions of this section shall be fined not exceeding Five Dollars and cost of suit. Merchandise, Signs on Sidewalk ] § 2. No clothing, goods, wares, merchandise, signs,boxes or other article or thing whatever shall be placed in front of any store, shop, office or other place in said Village, on or above the sidewalk, or in or upon any alley, so as to occupy more than three feet next to the building or premises on such sidewalk or alley, or of the space above the sidewalk or aUey,and such articles or things as may be placed on the sidewalk shall not be more than three feet high above the top of the side¬ walk, and all signs, articles, or other things, that maybe hung out or placed above the sidewalk, shall be so placed or hung that the lowest part of such articles or things shall be at least seven feet and six inches above the top of the sidewalk and shall not swing more than three feet from the building, nor shall any owner or oc¬ cupant of any lot or premises lease the space aforesaid, or permit or allow the same to be used or occupied for his or their own use or business; nor shall said space be used for selling any article or thing whatever; any person or persons who shall violate any of the provisions of this section shall be liable to a penalty of Five Dollars for every forty-eight hours the same shall remain after be¬ ing requested to remove the same by the Village Constable, or other officer of said Village. ORDINANCES OF THE VILLAGE OF WELLINGTON. 53 Signs to be Securely Supported.] § 3. All signs extending over or fronting upon any street, alley or sidewalk in the said Vil¬ lage of Wellington shall be securely fastened to their supports,and any person or persons owning or having the control of any such sign or signs, who shall permit or suffer the same to remain in¬ securely fastened after notice of the fact by the Village Constable or any officer of said Village,shall pay a fine of not less than Three Dollars, nor more than One Hundred Dollars for each day he shall permit the same to remain. Creaking Signs a Nuisance ] § 4. Whoever shall erect or maintain a sign of any character, whether attached to a building, a post, or other support, and which sign creaks, or makes an un¬ pleasant or disagreeable noise, when moving or swinging in the air, shall be deemed guilty of a nuisance; and upon his failing to remedy or remove such sign within five days after being notified so to do by any officer of the Village, shall be fined not less than One Dollar nor more than Ten Dollars, and shall be subject to a like penalty for each day he permits such sign to so remain after the expiration of said five days. Obstructions to Streets Forbidden.] § 5. No person shall erect, construct or cause to be erected or placed, or constructed, any building, fence, porch, steps, windows, stairs, railing or other obstruction in whole or in part, upon any street, alley, sidewalk or other public grounds within said Village. l Obstructing Streets by Teams.] § 6. When any street or alley may be obstructed by a press of teams, wagons, or animals, the President, any police officer or any member of the Board may give such orders and directions as may be deemed necessary for abating the obstruction; and whoever shall not obey such orders and directions shall be subject to a penalty of not less than Three Dollars, and not exceeding One Hundred Dollars. Persons Placing Obstructions ,Liable for Damages.] § 7. Whoever shall place or leave or cause to be placed or left, any encroachment, incumberance or obstruction in or upon any street, alley or sidewalk, shall, in all cases, be liable to the Village and to private persons for all damages or injury arising from such en¬ croachment, incumberance or obstruction. 54 ORDINANCES OF THE VILLAGE OF WELLINGTON. Buildings, Etc., in Street Not to be Repaired.] § 8 . No fixture, building, fence or other erection or enclosure extending or encroaching upon any road, street, alley or sidewalk, contrary to ordinance, shall be repaired or rebuilt, under a penalty of not less than Ten Dollars, and not exceeding One Hundred Dollars. Removal of Building Through Streets.] § 9. No person shall move or cause to be moved, or aid in removing any building through or across any street or alley without a written permit from the President, nor shall he in removing such building unnecessar¬ ily incumber or obstruct any street or alley, or for a longer time than may be necessary in the prompt and diligent removal of such building, under a penalty of not less than Ten Dollars and not ex¬ ceeding One Hundred Dollars in each case,and an additional pen¬ alty of not less than Three Dollars for each day such building shall unnecessarily remain in any street or alley. Digging in Streels, Etc.] § 10. Whoever shall excavate, strip, sap, undermine, or in any manner dig away, or plow any street, alley, or highway or any part of the same, shall be fined not less than Three Dollars, nor more than One Hundred Dollars. Owner to Remove Obstruction Upon Notice.] § 11. The owner of any building, fence, porch, steps, window, stairs, railing, or other obstruction, now standing or which may hereafter be erected or placed upon any street, alley, sidew r alk,or public ground, within the Village, or which may be left standing upon any new street or alley, that has been or may be hereafter opened, who shall not remove the same within such reasonable time, not ex¬ ceeding thirty nor less than three days, as he shall be required so to do by a notice served upon him, signed by the President,or any police officer of said Village, shall be subject to a penalty of not less than Ten Dollars nor more than Two Hundred Dollars,and a further penalty of Ten Dollars for every day the same shall re¬ main after the expiration of the time fixed in such notice. Removal or Selling Earth From Streets.] § 12. Whoever shall for any private purpose, dig, remove or carry away any earth from any street or alley without permission of the Village Board, shall be subject to a penalty of not less than One Dollar for each load removed or carried away, and any Village officer who shall sell or dispose of any earth from any street or alley for his private ORDINANCES OF THE VILLAGE OF WELLINGTON. 55 gain or benefit, shall be subject to a penalty of not less than Twenty-five Dollars, and not exceeding One Hundred Dollars, Excavations in Street.] § 13. No person not authorized by ordinance shall make any excavation in any street, alley or sidewalk, without a written permit from the President, under a penalty of not less than Three Dollars, and not exceeding One Hundred Dollars. Any person making or causing to be made a 'y excavation or ditch, for an)' purpose in any street or alley, or side¬ walk, shall, without any unnecessary delay, cause the same to be filled up to the proper level of the street, alley or sidewalk, and shall from time to time, if necessary, continue to repair the same until the earth is completely settled and the surface conforms to the proper level of the street. Any person tearing up any plank or paved street or sidewalk, or bridge or culvert for any purpose, or negligently injuring or breaking the same by the removing of any building over the same shall, without delay, cause such plank or paved street, alley or sidewalk, or bridge or culvert to be re¬ paired and replaced in the same condition as before the breaking or injuring thereof. Any person making or causing to be made any ditch or excavation, or tearing up., breaking or injuring any plank or paved street, alley or sidewalk, bridge or culvert,or caus¬ ing the same to be broken, injured or torn up, who shall not com¬ ply with the requirements of this section,shall be subject to a pen¬ alty of not less than Five Dollars,and not exceeding One Hundred Dollars, and the Village Superintendent of Streets shall, without delay, cause such filling up or repairs to be made and completed, and the costs thereof may be collected of any person whose duty it was to do the same, and recovered with a penalty or in a separate suit, in the name of the Village. Brick Sidewalk—Specifications.] § 14. That all brick side¬ walks hereafter put down in the said Village of Wellington shall be constructed as follows: Such walks shall be constructed of a uniform width of four feet in front of residence property, and of a uniform width of not less than eight feet in front of business prop¬ erty, and shall be constructed of hard- burned vitrified shale brick, of equal or superior quality to the Clinton, Indiana manufacture, they shall be of ordinary size and shape, laid in what is known as the “Herring bone” on a five inch bed of gravel, and one inch of screened sand, making a foundation, six inches thick. Said gravel shall be thoroughly and evenly tamped down, before placing the 56 ORDINANCES OF THE VILLAGE OF WELLINGTON. sand thereon. The walks shall be laid with an even grade, and on each side thereof a line of bricks shall be placed firmly on edge, the tops of which shall be even with the outer surface of the walk. There shall be a crown of one fourth of an inch for each foot in width. When laid and leveled at least one inch of fine sifted sand shall be spread over the surface of the walk, and well swept into the joints. Prior to laying the brick, stringers two by four inches shall be placed on each side of the walk, backed by not less than twelve inches (^surface measure) of soil, well packed down to an even surface with the grade. When the walk is completed the stringers shall be removed and the space thus occupied shall be filled with sand and gravel, and thoroughly tamped to an even grade with the outer surface of said walk, and the walks shall in all respects be constructed in a good and workmanlike manner. The construction of the walks and the materials used therein shall be under the supervision, and subject to, the approval of the chairman of the sidewalk committee,or some other person appoint¬ ed by the Village Board, to superintend the work. Parties desir¬ ing to construct walks shall notify either the chairman or some member of the sidewalk committee, so that proper grade stakes may be set and inspection be made while the walk is being con¬ structed. Cement Sidwalks—Specifications.] § 15. That all cement sidewalks hereafter put down in the said Village of Wellington shall be put down according to the following plans and specifica¬ tions: The grade lines shall be given by the engineer appointed by said Village, or by the President of the Board, and the said walk when completed shall conform to the grade line thus given, and so put down that when finished the cross section thereof shall be in the form of a plane or straight line. The uniform width of the walks shall not be less than four feet in front of residence property and not less than eight feet in front of business property. The said sidewalk grade shall be shaped and thoroughly com¬ pacted to a depth of twelve inches below the plane or line that shall-constitute the finished surface of the walk, when laid, after which there shall be placed thereon eight inches of gravel and thoroughly tamped. The said walk shall be made of. concrete as follows: On the bed of gravel above provided for and at the outer edges of the walk there shall be set 2x4 timbers to serve as forms to receive the concrete, which concrete shall consist of one part of the best quality of Portland cement to six parts of good clean, coarse gravel, the cement and gravel to be thoroughly mixed when ORDINANCES OF THE VILLAGE OF WELLINGTON. 57 dry, then the proper quantity of water added and again mixed so that the cement adheres to the gravel, this concrete shall then be placed on said gravel base to a thickness of four inches and thor¬ oughly tamped to a thickness of three inches. After said concrete is thoroughly tamped it shall be laid off in blocks of not more than five feet square, and cut through to insure perfect blocks. Upon this concrete shall be placed the finished coat of concrete one inch thick, composed of one part of the best Portland cement to one part of clean sharp sand, and cut in blocks to correspond with the concrete underneath, and the same smoothly and neatly finished, and such work shall be put down under the supervision of the chairman of the sidewalk committee or some other person appoint¬ ed by the Village Board to superintend the work. Injuring Grass Plat.] § 16. No person shall walk, ride or drive over or upon any grass plat, between the curb line and the adjacent property line on any street within the limits of said Vil¬ lage, unless the same is first protected from all liability of injury thereby, by boards or other material, and any person violating the provisions of this section shall be subject to a fine of not less than Three Dollars nor more than Twenty Dollars for each offense. Penalties.] § 17. That any person or persons who shall construct any brick or cement sidewalk contrary to the provisions and specifications set forth in sections 14 and 15 of this chapter shall be subject to a fine of not exceeding One Hundred Dollars, and in addition thereto said walk or part of walk, constructed contrary to the provisions and specifications named therein, shall be removed by the superintendent of the streets or other officer of said Village appointed by the Board for said purpose. CHAPTER XIX. WAGONS, CARTS, DRAYS AND HACKS. License Required—Penalty.] Section i. That no person 58 ORDINANCES OF THE VILLAGE OF WELLINGTON. shall hire or keep for hire or use, or cause to be kept for hire or use in the transportation of goods, wares, merchandise or other articles of property within this Village, any wagon, cart, dray or other vehicle, without first obtaining license for that purpose as hereinafter set forth, and the term draying as used in this ordi¬ nance shall include all hauling by the load or loads, by the single article or miscellaneous articles, and any person violating any of the provisions of this section shall be fined not less than Five Dol¬ lars, and not exceeding Twenty Dollars for each offense. License —How Obtained.] § 2. Every person wishing to keep any wagon, cart, or dray, to be used in draying or conveying such articles as above mentioned, shall first apply to the Village Clerk for a license therefor, and the said Clerk shall, upon pay¬ ment of eight dollars as license fee,and twenty-five cents as Clerk’s fees, issue to such applicant a license, which shall be registered, numbered *and recorded in a book kept for that purpose. Said license shall be valid for one year from the date thereof, and shall not be transferable,and no license shall issue for a longer or short¬ er period, or for a less fee than that above set forth. Provided,that for a good cause the President and Village Board may revoke such license at any time. Regulating Charges, Etc] § 3. That no drayman,hackman, or other person licensed to do draying or hauling within the cor¬ porate limits of the Village of Wellington, shall charge or receive more than twenty-five cents for each load or single trip, to any place within the corporate limits of said Village of Wellington,ex¬ cept the moving of household goods, pianos, and extra bulky ar¬ ticles, and for charging more than the above fixed fee, he or they shall be fined not less than Five Dollars, nor more than Twenty- five Dollars for each and every offense. Delivery Wagons, Etc., Exempt.] § 4. Wagons or other vehicles kept by merchants, mechanics or other dealers for the free delivery of goods or other articles sold or kept by them, or kept regularly by any public house for the free accommodation of their guests, the hauling or unloading of lumber by teams kept regularly by dealers, the hauling and unloading of cobs, manure, and loose hay, shall not be deemed to be included within the meaning of this ordinance, but all shifts or devices to avoid any provisions of this ordinance, as the doing of any work included ORDINANCES OF THE VILLAGE OF WELLINGTON. 59 within the meaning of this ordinance by the day or job shall be deemed a violation of the same. Hack Charges.] § 5. No hackman shall charge more than ten cents for hauling any individual from any point within the Village limits to any point within a distance of one mile of the Vil¬ lage limits,nor more than ten cents for hauling any individual from any point within a distance of one mile of the Village limits to any point within the Village of Wellington, Provided, that closed cabs, or carriages, may charge not to exceed twenty-five cents for each individual for such trip. Hackmen.] § 6. Each license issued to a hackman shall be numbered, and every hackman doing business under a license by the Village of Wellington, shall provide and keep such number in plain view either upon his person, wagon or team. * _ Passed and approved this the 21st day of January, A. D. 1903. . W. A. Hamilton, Attest: President of Board of Trustees. Benj. J. Sibbitt, Village Clerk. -! SEAL l 6 o ORDINANCES OF THE VILLAGE OF WELLINGTON. VILLAGE CLERK’S CERTIFICATE OF ADOPTION AND PUBLICATION. I, Benj. J. Sibbitt, Village Cleric of the Village of Wellington, in the County of Iroquois, and State of Illinois, do hereby certify , that the foregoing ordinance, entitled “An ordinance for revising and consolidating the general ordinances, and making certain additions thereto, of the Village of Wellington, Illinois," was legally passed and adopted by the Board of Trustees of said village, at a regular meeting thereof, on the 21 st day of January, A. D. 1903 , that the same was duly deposited in the office of the Village Clerk, of said village, on the 21 st day of January, A. D. 1903 , duly signed and approved by the President of the Board of Trustees of said village, and that the same was duly recorded in the Ordinance record of said village, that the foregoing is a true and correct copy of said ordi¬ nance, and the same is printed and published in book or pamphlet form, under the direction, and by the authority of the Board of Trustees of said village, and that I am the keeper and custodian of the ordinances and records of said village, and I further certify that this book or pamphlet containing said ordinances was pub¬ lished on the 11 th day of February, A. 1 ). 1903 . In testimony whereof, I have hereunto set my hand'and affixed the seal of the said Village of Wellington, this the 11 th day of February, A. D. 1903 . BENI. J. SIBBITT, Attest: Village Clerk. W. A. HAMILTON, President of the Board of Trustees. INDEX TO THE ORDINANCES OF THE VILLAGE OF WELLINGTON. 6l INDEX. A PAGE. SEC. Accounts and Claims. Claims to be sworn to. 3 1 Amusements. Classification of. 4 1 License required. 4 2 License fees. 5 3 Class and fee decided by President. 5 4 License subject to ordinance. 5 5 No chairs in aisles. 5 6 Indecent plays.'.. 5 7 Shooting galleries, etc. 5 8 Animals and Pounds. Prohibited at large. 6 1 Penalty. 6 2 Pounds and pound keeper. 6 3 Pound keeper to take up animals. 7 4 Proceedings where animal not redeemed. 7 5 Proceedings where owner is unknown .. .".. 7 6 Trial after notice, judgment. 8 7 Proceedings against non-resident. 8 8 Order of sale .. 9 9 Notice of sale. 9 10 Pound keeper’s book. 9 11 Surplus proceeds paid to owner.... 10 12 INDEX TO THE 62 ORDINANCES OF THE VILLAGE OF WELLINGTON. PAGE. SEC. Breaking pound, penalty. 10 13 Fees of Magistrate. 10 14 Staking out animals, etc. 10 15 Dead animals. 11 16 Removal of dead animals. 11 17 Driving animals through streets. 11 18 Driving outside of curb line. 11 19 Auction and Auctioneers. Sale at auction to be made by auctioneer. 11 1 Penalties, etc. 12 2 Revocation of license. 12 3 B Billiards, Ball Alleys, Etc. Billiards, etc., prohibited. 12 1 Each game distinct offense. 12 2 I) Dogs. Dogs to be registered, tax. 13 1 Check to be worn on collar. 13 2 Dog to wear collar with name of owner. 13 Proclamation by President of Board, etc. 13 Violation, penalties, etc..’. 14 F Fire Protection. Unsafe chimneys, etc. 14 1 Deposit of ashes. 14 2 Burning straw, bonfires. 15 3 H Health Department. Board of Health to be appointed. 15 1 Duties of Board. 15 2 Powers of Board. 16 3 On 4* CO INDEX TO THE ORDINANCES OF THE VILLAGE OF WELLINGTON. 63 PAGE. SEC. Temporary hospitals. 16 4 Removing persons to hospitals . .. 16 5 Term of office of Board. 16 6 Orders of the Board, how made, penalty. 16 7 In case of small pox, etc. 17 8 Unlawful for persons to go abroad, when. 17 9 Duty of President to give notice, when. 17 10 President to employ nurses. , 18 11 Duty of physicians. 18 12 Notice to cleanse premises. 18 13 L Labor on Streets. Who to work on streets. 19 1 Penalty for failing to appear. 19 2 Duty of Superintendent, to make complaint..19 3 Offenders to work out fine. 20 4 Liquors. Selling or giving away unlawful. 20 1 Penalty, etc. 20 2 How recovered. 20 3 Permits to druggists. 21 4 How granted, bond. 21 5 Monthly report on oath. 21 6 Prescriptions, to whom given. 22 7 Penalty for giving to person intoxicated. 22 8 Penalty for using such liquor as beverage. 22 9 Duty of village officers to complain. 22 10 Permits to be signed by President. 23 11 M Misdemeanors. Unlawful assembly. 23 1 Assault and battery. 23 2 Disturbing the peace. 23 3 Permitting unlawful assemblage. 23 4 Disturbing the peace of family. « 24 5 Aiding unlawful act. 24 6 Disturbing assembly, etc. 24 7 INDEX TO THE 64 ORDINANCES OF THE VILLAGE OF WELLINGTON. PAGE. SEC. Drunkenness. 24 8 Indecent exposure. 24 9 Sale of obscene books. 24 10 Having obscene books in possession. 25 11 Obscene writing or figure. 25 12 Indecent exhibition of animals . 25 13 Gambling . . .. 25 14 Gaminghouse . 25 15 Leasing premises for gaming. 26 16 Duty of police, penalty. 26 17 Police to destroy gaming implements. 26 18 Cruelty to animals. 27 19 Injuring public property.. 27 20 Hitching horses to trees, etc. 27 21 Fast driving. 27 22 Leaving animals unfastened. 27 23 Scaring horses, etc. 27 24 Vehicle to pass to the right..-. 28 25 Burglar’s tools. 28 26 Amusements on Sunday. 28 27 Firing cannon, gun, etc. 28 28 Houses of ill fame. 28 29 Leaving open cellar door. 29 30 Disturbing lawful assembly. 29 31 Drinking in public. 29 32 Obstructing street or alley . 29 33 Obstructing stairway.'.. 30 34 Throwing stones, slings, etc. 30 35 Tramps and vagrants. 30 36 Boys making disturbance, etc. 31 37 Concealed weapons. „ . 31 38 Judgment entry. 31 39 Resisting an officer. 31 40 Rescuing prisoners, etc. 31 41 Re-arrest of escaped prisoner. 32 42 Lotteries prohibited. 32 . 43 Selling tobacco, etc., to minors. 32 44 License for selling cigarettes. 33 45 Weighing or drawing explosives by artificial light. 33 46 Throwing peel or rind on walks. 33 47 injuring pavement, drain or sewer. 33 48 INDEX TO THE ORDINANCES OF THE VILLAGE OF WELLINGTON. 65 PAGE. SEC. Injuring telephones, etc. 33 49 False alarm of fire. 33 50 Loitering about depot, etc. 34 51 Accessories. 34 52 Interfering with inspector of public works. 34 53 Violating specifications for walks. 35 54 Injuring sewers. 35 55 Curfew bell. 35 56 Bicycles on walks, unlawful. 35 57 Driving or riding on walks. 36 58 Spitting on walk, etc. 36 „ 59 N Nuisances. Cellars, vaults and drains. 36 1 Duty of officers. 37 2 Slaughterhouses, etc. 37 3 Dangerous buildings. 37 4 Duty of the President. . 38 5 Privy vaults. -r . 38 6 Littering streets. 38 7 Smoking or spitting in public buildings. 38 8 Breaking colts on streets. 39 9 O Officers. Officers appointed. 39 1 Chief of Police. 39 2 Charge of calaboose. 40 3 Constable to keep record. 40 4 Magistrate’s' report. 40 5 Duties of Village Clerk.'40 6 Duties of Village Attorney. 41 7 Trial of persons arrested, etc. 41 8 Arrest at night. 41 9 Prisoner drunk when arrested. 41 10 Statement to be filed. 42 11 Witness and jury fees. 42 12 Oath of office. 42 13 66 INDEX TO THE ORDINANCES OE THE VILLAGE OF WELLINGTON. PAGE. SEC- Official bonds. 43 14 Board of Local Improvements.. 43 15 Fees and salaries. 43 16 Ordinances. Ordinance repealed. 44 1 Fines not released, etc. 44 2 Enrollment of ordinances, Village Clerk. 44 3 Two offenses, election and prosecutor. 45 4 Old ordinances in force. 45 5 P Peddlers. License required, penalty. 45 1 Peddlers defined. 46 2 License price per diem. 46 3 Peddlers not to enter dwellings,etc. 46. 4 Discretion of President in cases of chanty. 46 5 I R Railroads and Railroad Trains. Speed limited to six miles an hour. 47 1 Penalty, etc... 47 2 Obstructing street crossings. 47 3 Penalty, etc. 48 4 Jumping on trains forbidden. 48 5 Complaint to be made. 48 6 Penalty, etc. 48 7 Railroad crossings and bridges. 48 8 Neglect after notice, penalty. 49 9 Village may build and recover costs. 49 10 ✓ Rules, Etc., for Governing Board. Meetings of Board. 49 1 Standing committees. 50 2 Duties of standing committees.:. 50 3 Streets and alleys. 50 4 Public grounds and buildings. 50 5 INDEX TO THE ORDINANCES OF THE VILLAGE OF WELLINGTON. . 67 PAGE. SEC. Finance.•.. 50 6 No member to make contracts. 50 7 Rules of the Board. 51 8 Fiscalyear. 51 9 S Streets, Alleys and Sidewalks. Depositing rubbish. 52 1 Merchandise, signs on sidewalk. 52 2 Signs to be securely supported. 53 Creaking signs a nuisance. 53 Obstructions to streets, etc., forbidden. 53 Obstructing streets by teams. 53 Persons obstructing liable for damage. 53 Buildings, etc , in street not to be repaired. 54 Moving buildings through streets. 54 Digging in streets, etc. 54 1 Owner to remove obstruction on notice. 54 1 Removing or selling earth from streets. 54 1 Excavations in streets, etc. 55 1 Specifications for brick sidewalks. 55 1 Specifications for cement sidewalks. 56 1 Injuring grass plat. 57 • 1 Penalties. 57 1 W Wagons, Carts, Drays and Hacks. License required, penalty. 57 License, how obtained. 58 Regulating charges, etc.. .. 58 Delivery wagons, etc., exempt. 58 Hack charges regulated. 59 License to be numbered, etc. 59 C\Cn Co tO h >4 CT>(_n Co to m O 00^1 Oj *