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 Act of Incorporati 
 
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 ORDINANCES 
 
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 OF THE 
 
 CHY OF BUNKER.HILL, 
 
 ILLINOIS. 
 
 Orgaajti < (/ April /jth. id/j, under the General Law of 
 
 the State of Illinois. 
 
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 BUNKER HILL, ILLS, 
 
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 THE 
 
 Act of Incorporation 
 
 AND 
 
 ORDINANCES 
 
 OF THE 
 
 CITY OF BUNKER HILL, 
 
 ILLINOIS. 
 
 Organized April iyth , iSyj, 'under the General Law of 
 
 the State of Illinois. 
 
 i,. ■>* -j . . • - 
 
 Published by Authority of the City Council, 
 
 BUNKER HILL, ILLS. 
 
 Gazette Print. 
 
 1873 . 
 
3 ^ 2.6773 
 
 CITY OFFICERS. 
 
 1873. 
 
 
 \r 
 
 MAYOR. 
 
 \ 
 
 JAMES F. CUMMINGS. 
 
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 § 
 
 AYTIDEElVCEIINr. 
 
 FOR TWO YEARS. 
 
 
 S. A. FLETCHER, 
 
 E. S. WILLIAMS, 
 DAVID MORRIS. 
 
 
 FOR ONE YEAR. 
 
 
 II. H. BROWN, 
 
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 C. A. BARTELS, 
 
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 JOHN GOSCH. 
 
 SJ 
 
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 CITY CLERK. 
 
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 S. N. SANFORD. 
 
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 TREASURER. 
 
 
 JOHN G. AUER. 
 
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 CITY ATTORNEY 
 
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 H. R. BUDD. 
 
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Digitized by the Internet Archive 
 in 2019 with funding from 
 University of Illinois Urbana-Champaign 
 
 
 https://archive.org/details/actofincorporatiOObunk 
 
AN ACT 
 
 To provide for the Incorporation of Cities and Villages. 
 
 Section i . Be it enacted by the People of the State of Illinois , rep¬ 
 resented in the General Assembly , as follows : 
 
 ARTICLE I. 
 
 OF THE ORGANIZATION OF CITIES. 
 
 That any city now existing in this State may become incorporated 
 under this act in manner following: Whenever one-eighth of the 
 legal voters of such city, voting at the last preceding municipal elec¬ 
 tion, shall petition the Mayor and Council thereof to submit the 
 question as to whether such city shall become incorporated, under 
 this act, to a vote of the electors in such city, it shall be the duty of 
 such Mayor and Council to submit such question accordingly, and to 
 appoint a time and place, or places, at which such vote may be 
 taken, and to designate the persons who shall act as judges at such 
 election ; but such question shall not be submitted oftener than once 
 in four years. 
 
 Sec. 2. The Mayor of such city shall give at least thirty days’ 
 notice of such election, by publishing a notice thereof in one or more 
 newspapers within such city ; but if no newspaper is published 
 therein, then by posting at least five copies of such notice in each 
 ward. 
 
 Sec. 3. The ballots to be used at such election shall be in the 
 following form : u For city organization under general law or, 
 “ Against city organization under general law.” The judges of such 
 election shall make returns thereof to the City Council, whose duty 
 it shall be to canvass such returns and cause the result of such can¬ 
 vass to be entered upon the records of such city. If a majority of 
 the votes cast at such election shall be for city organization under 
 general law, such city shall thenceforth be deemed to be organized 
 under this act; and the city officers then in office shall, thereupon, 
 exercise the powers conferred upon like officers in this act, until their 
 successors shall be elected and qualified. 
 
6 
 
 CITY OF BUNKER HILL. 
 
 Sec. 4. Any incorporated town in this State, having a popula¬ 
 tion of not less than one thousand inhabitants, may become incorpo¬ 
 rated as a city in like manner as hereinbefore provided ; but in all 
 such cases the President and Trustees of such town shall, respec¬ 
 tively, perform the same duties relative to such a change of organi¬ 
 zation as is above required to be performed by the Mayor and 
 Council of cities. 
 
 Sec. 5 . Whenever any area of contiguous territory in this State, 
 not exceeding four square miles, shall have resident thereon a popu¬ 
 lation of not less than one thousand inhabitants, which shall not 
 already be included within any incorporated town or city, the same 
 may become incorporated as a city in manner following: Any fifty 
 legal voters thereof may file in the office of the clerk of the County 
 Court of the county in which such inhabitants reside, a petition, 
 addressed to the judge of such court; and if the territory described in 
 said petition shall be in more than one county, then the petition shall 
 be addressed to the judge of the court where a greater part of such 
 territory is situated ; which petition shall define the boundaries of 
 such proposed city, and state the number of inhabitants residing 
 within such limits, and also state the name of such proposed city, 
 and shall contain a prayer that the question be submitted to the legal 
 voters residing within such limits, whether they will organize as a 
 city under this act. It shall be the duty of the county judge to fix 
 a time and place, within the boundaries of such proposed city, at 
 which an election may be held, to determine such question ; and 
 such judge shall name the person to act as judges in holding such 
 election, and shall give notice thereof by causing ten notices to be 
 posted in public places within such proposed city. And the third 
 section of this article shall be applicable to such election : Provided , 
 that the returns of such election shall be made to and canvassed by 
 the County Judge and any two Justices of the Peace whom he shall 
 call to his assistance, instead of the City Council; and the result of 
 such election shall be entered upon the records of such County Court. 
 If a majority of the votes cast at such election shall be “For city 
 organization under general law,” the inhabitants of such territory, 
 described in such petition, shall be deemed to be incorporated as a 
 city, under this act, and with the name stated in the petition. 
 
 Sec. 6. All courts in this State shall take judicial notice of the 
 existence of all villages and cities organized under this act, and of 
 the change of the organization of any town or city from its original 
 organization to its organization under this act; and from the time of 
 such organization, or change of organization, the provisions of this 
 
CITY OF BUNKER HILL. 
 
 7 
 
 act shall be applicable to such cities and villages, and all laws in 
 conflict therewith shall no longer be applicable. But all laws or 
 parts of laws not inconsistent with the provisions of this act, shall con¬ 
 tinue in force and applicable to any such city or village, the same as 
 if such change of organization had not taken place. 
 
 Sec. 7. It shall be the duty of the President and Board of Trus¬ 
 tees of any town which shall have voted to change its organization 
 to a city, under this act, to call and give notice of an election to elect 
 city officers, and to designate the time and place or places of hold¬ 
 ing the same. Such notice shall be published in a newspaper, if 
 there be one, within the town, or posted in ten public places, for at 
 least twenty days before such election. Such President and Trus¬ 
 tees shall appoint the judges and clerks to hold such election, can¬ 
 vass the returns thereof, and cause the result to be entered upon the 
 records of the town ; and the provisions of this act, relative to the 
 election of city officers, shall be applicable thereto ; but, at such 
 election, aldermen may be elected on a general ticket. 
 
 Sec. 8. In case of cities organizing under section five (5) of this 
 article, the County Judge shall call and give notice of the election, 
 and perform the same duties relative thereto as is above required to 
 be performed by President and Trustees of such town, and in can¬ 
 vassing such returns shall call to his assistance two Justices of the 
 Peace. 
 
 Sec. 9. The city officers elected under either of the preceding 
 sections, shall hold their respective offices until the next succeeding 
 regular election for such officers, respectively, and until their succes¬ 
 sors are elected and qualified, as provided in this act. 
 
 Sec. 10. Cities organized under this act shall be bodies politic 
 and corporate, under the name and style of “ City of (name),” and 
 under such name may sue and be sued, contract and be contracted 
 with, acquire and hold real and personal property for corporate 
 purposes, have a common seal and change the same at pleasure, and 
 exercise all the powers hereinafter conferred. 
 
 Sec. 11. All ordinances, resolutions and by-laws, in force in any 
 city or town when it shall organize under this act, shall continue in 
 full force and effect until repealed or amended, notwithstanding such 
 change of organization ; and the making of such change of organi¬ 
 zation shall not be construed to effect a change in the legal identity, 
 as a corporation, of such city or town. 
 
 Sec. 12. All rights and property of every kind and description, 
 which were vested in any municipal corporation under its former 
 organization, shall be deemed and held to be vested in the same 
 
8 
 
 CITY OF BUNKER HILL. 
 
 municipal incorporation upon its becoming incorporated under the 
 provisions of this act, but no rights or liabilities, either in favor of or 
 against such corporation, existing at the time of so becoming incor¬ 
 porated under this act, and no suit or prosecution of any kind, shall 
 be effbcted by such change, but the same shall stand and progress as 
 if no change had been made : Provided , that when a different remedy 
 is given by this act, which may properly be made applicable to any 
 right existing at the time of such city so becoming incorporated 
 under this act, the same shall be deemed cumulative to the remedies 
 before provided, and used accordingly. 
 
 Sec. 13. The corporate authorities of any city or village which 
 may become organized under this act shall, within three months 
 after organization hereunder, caused to be filed in the office of 
 the Recorder of Deeds, in the county in which such city or village 
 is situated, a certified copy of the entry made upon the records of 
 the city, village or County Court, of the canvass of the votes, show¬ 
 ing the result of such election, whereby such city or village became 
 so organized—and such Recorder of Deeds shall record the same. 
 And such corporate authorities shall also cause a like certificate to 
 be filed in the office of the Secretary of State, who shall file the 
 same, and keep a registry of cities and villages organized under 
 this act. 
 
 ARTICLE II. 
 
 OF THE MAYOR. 
 
 Section i. The chief executive officer of a city shall be a 
 Mayor, who shall be a citizen of the United States, a qualified elec¬ 
 tor, reside within the city limits, and hold his office for two years, 
 and until his successor is elected and qualified. 
 
 Sec. 2. Whenever a vacancy shall happen in the office of the 
 Mayor, when the unexpired term shall be one year or over from the 
 date when the vacancy occurs, it shall be filled by an election. 
 
 Sec. 3. If the vacancy is less than one year, the City Council 
 shall elect one of its number to act as Mayor, who shall possess all 
 the rights and powers of the Mayor until the next annual election, 
 and until his successor is elected and qualified. 
 
 Sec. 4. During a temporary absence or disability of the Mayor, 
 the City Council shall elect one of its number to act as Mayor pro 
 tern., who, during such absence or disability, shall possess the powers 
 of Mayor. 
 
 Sec. 5. If the Mayor, at any time during the term of his office, 
 shall remove from the limits of the city, his office shall thereby 
 become vacant. 
 
9 
 
 CITY OF BUNKER HILL. 
 
 Sec. 6. The Mayor shall preside at all meetings of the City 
 Council, but shall not vote except in case of a tie, when he shall 
 give the casting vote. 
 
 Sec. 7. The Mayor shall have power to remove any officer 
 appointed by him, on any former charge, whenever he shall be of 
 the opinion that the interests of the city demand such removal; but 
 he shall report the reasons for such removal to the Council at its 
 next regular meeting. 
 
 Sec. 8 . He may exercise, within the city limits, the powers con¬ 
 ferred upon Sheriffs, to suppress disorder and keep the peace. 
 
 Sec. 9. He may release any person imprisoned for violation of 
 any city ordinance, and shall report such release, with the cause 
 thereof, to the Council at its first session thereafter. 
 
 Sec. 10. He shall perform all such duties as are or may be pre¬ 
 scribed by law or by the city ordinances, and shall take care that the 
 laws and ordinances are faithfully executed. 
 
 Sec. ti. He shall have power at all times to examine and inspect 
 the books, records and papers of any agent, employee, or officer of the 
 city. 
 
 Sec. 12. The Mayor shall, annually, and from time to time, give 
 the Council information relative to the affairs of the city, and shall 
 recommend for their consideration such measures as he may deem 
 expedient. 
 
 Sec. 13. He shall have power, when necessary, to call on every 
 male inhabitant of the city over the age of eighteen years, to aid in 
 enforcing the laws and ordinances, and to call out the militia to aid 
 in suppressing riots and other disorderly conduct, or carrying into 
 effect any law or ordinance, subject to the authority of the Governor 
 as Commander-in-Chief of the Militia. 
 
 Sec. 14. In case the Mayor or any other municipal officer shall 
 at any time be guilty of a palpable omission of duty, or shall will¬ 
 fully and corruptly be guilty of oppression, malconduct or misfeas¬ 
 ance in the discharge of the duties of his office, he shall be liable to 
 indictment in any court of competent jurisdiction, and, on convic¬ 
 tion, shall be fined in a sum not exceeding one thousand dollars ; and 
 the court in which such conviction shall be had, shall enter an order 
 removing such officer from office. 
 
 Sec. i^. He may appoint, by and with the advicej and consent 
 of the City Council, immediately after such change of organization, 
 one or more competent persons to prepare and submit to the City 
 Council, for their adoption or rejection, an ordinance in revision of 
 the ordinances of such city, and for the government of such city, the 
 
10 
 
 CITY OF BUNKER HILL. 
 
 compensation of such reviser or revisers to be determined and fixed 
 
 by the City Council and paid out of the City Treasury. 
 
 \ 
 
 ARTICLE III. 
 
 OF THE CITY COUNCIL. 
 
 Section i. The City Council shall consist of the Mayor and 
 Aldermen. 
 
 Sec. 2. The number of aldermen, when not elected by the min¬ 
 ority representation plan, shall be as follows : In cities not exceed¬ 
 ing three thousand inhabitants, six aldermen ; exceeding three thou¬ 
 sand but not exceeding five thousand, eight aldermen ; exceeding 
 five thousand and not exceeding ten thousand, ten aldermen ; exceed¬ 
 ing ten thousand and not exceeding thirty thousand, fourteen aider- 
 men ; and two additional aldermen for every twenty thousand 
 inhabitants over thirty thousand : Provided , however , that in cities of 
 over one hundred thousand (100,000) inhabitants, there shall be 
 elected thirty-six aldermen, and no more. 
 
 Sec. 3. Aldermen shall hold their office for the term of two 
 years, and until their successors are elected and qualified. 
 
 Sec. 4. If any vacancy shall occur in the office of alderman by 
 death, resignation, removal, or otherwise, such vacancy shall be 
 filled by election. 
 
 Sec. 5. No person shall be eligible to the office of alderman 
 unless he shall be a qualified elector, and reside within the ward for 
 which he is elected, nor shall he be eligible if he is in arrears in the 
 payment of any tax or other liability due to the city ; nor shall he be 
 directly or indirectly interested in any contract whatever to which 
 the city is a party ; nor shall he be eligible if he shall have been 
 convicted of malfeasance, bribery or other corrupt practices or 
 crimes ; nor shall he be eligible to any office, the salary of which is 
 payable out of the city treasury, if at the time of his appointment 
 he shall be a member of the City Council; nor shall any member of 
 the City Council at the same time hold any other office under the 
 City Government; nor shall he be either directly or indirectly, indi¬ 
 vidually, or as a member of a firm, engaged in any business trans¬ 
 action (other than official) with such city, through its Mayor or any 
 of its authorised boards, agents or attorneys, whereby any money is 
 to be paid, directly or indirectly, out of the City Treasury to such 
 member or firms. 
 
 Sec. 6 . The City Council shall be judge of the election and 
 qualification of its own members. 
 
CITY OF BUNKER HILL. 
 
 11 
 
 Sec. 7. It shall determine its own rules of proceeding, punish 
 its members for disorderly conduct, and with the concurrence of two- 
 thirds of the aldermen elect, may expel a member, but not a second 
 time for the same offense : Provided , that any alderman or council¬ 
 man who shall have been convicted of bribery shall thereby be 
 deemed to have vacated his office. 
 
 Sec. 8. A majority of the aldermen elect shall constitute a 
 quorum to do business, but a smaller number may adjourn from time 
 to time, and may compel the attendance of absentees, under such 
 penalties as may be prescribed by ordinance. 
 
 Sec. 9 The City Council may prescribe, by ordinance, the times 
 and places of the meeting thereof, and the manner in which special 
 meetings thereof may be called. 
 
 Sec. 10. It may elect a temporary chairman in the absence of 
 the Mayor. 
 
 Sec. 11. It shall sit with open doors. 
 
 Sec. 12. It shall keep a journal of its own proceedings. 
 
 Sec. 13. The yeas and nays shall be taken upon the passage of 
 all ordinances, and on all propositions to create any liability against 
 the city, or for the expenditure or appropriation of its money, and in 
 all other cases at the request of any member, which shall be entered 
 on the journal of its proceedings ; and the concurrence of a majority 
 of all the members elected in the City Council shall be necessary to 
 the passage of any such ordinance or proposition : Provided , it shall 
 require two-thirds of all the aldermen elect to sell any city or school 
 property. 
 
 Sec. 14. No vote of the City Council shall be reconsidered or 
 rescinded at a special meeting, unless at such special meeting there 
 be present as large a number of aldermen as were present when such 
 vote was taken. 
 
 Sec. 15. Any report of a committee of the Council shall be 
 deferred for final action thereon, to the next regular meeting of the 
 same after the report is made, upon the request of any two aldermen 
 present. 
 
 Sec. 16. The City Council and Board of Trustees shall also 
 have jurisdiction in and over all places within one-half mile of the 
 city or village limits, for the purpose of enforcing health and quar¬ 
 antine ordinances, and regulations thereof. 
 
 Sec. 17. The Mayor or any three aldermen may call special 
 meetings of the City Council. 
 
 Sec. 18. All ordinances passed by the City Council shall, before 
 they take effect, be deposited in the office of the City Clerk ; and if 
 
12 
 
 CITY OF BUNKER HILL. 
 
 the Mayor approves thereof, he shall sign the same ; and such as he 
 shall not approve, he shall return to the Council, with his objections 
 thereto, in writing, at the next regular meeting of the Council occur¬ 
 ring not less than five days after the passage thereof. Such veto 
 may extend to any one or more items or appropriations contained in 
 any ordinance making an appropriation, or to the entire ordinance ; 
 and in case the veto only extends to a part of such ordinance, the 
 residue thereof shall take effect and be in force. But in case the 
 Mayor shall fail to return any ordinance, with his objections thereto, 
 by the time aforesaid, he shall be deemed to have approved such 
 ordinance, and the same shall take effect accordingly. 
 
 Sec. 19. Upon the return of any ordinance by the Mayor, the 
 vote by which the same was passed shall be reconsidered by the 
 Council ; and if, after such reconsideration, two-thirds of all the 
 members elected to the City Council shall agree, by yeas and nays, 
 to pass the same, it shall go into effect, notwithstanding the Mayor 
 may refuse to approve thereof. The vote to pass the same over the 
 Mayor’s veto shall be taken by yeas and nays, and entered on the 
 journal. 
 
 ARTICLE IY. 
 
 ELECTIONS. 
 
 Section i. A general election for city officers shall be held on 
 the third Tuesday of April of each year. 
 
 Sec. 2. At the general election held in eighteen hundred and 
 seventy-three, and biennially thereafter, a Mayor shall be elected in 
 each city. 
 
 . Sec. 3. All persons entitled to vote at any general election for 
 State officers within any city or village, having resided therein thirty 
 days next preceding thereto, may vote at any election for city or 
 village officers. 
 
 Sec. 4. The City Council may, from time to time, divide the 
 city into one-half as many wards as the total number of aldermen to 
 which the city is entitled, and one alderman shall, annually, be 
 elected in and for each ward, to hold his office for two years, and 
 until his successor is elected and qualified. In the formation of 
 wards, the population of each shall be as nearly equal, and the ward 
 shall be of as compact and contiguous territory as practicable. 
 
 Sec. 5. At the first election under this act, there shall be elected 
 the full number of aldermen to which the city shall be entitled. At 
 the first meeting of the City Council after such election, the aider- 
 men elected shall be divided, by lot, into two classes : those of the 
 
OITY OF BUNKER HILL. 
 
 13 
 
 first-class shall continue in office for one year, and those of the second 
 class for two years. And upon any increase of the number of aider- 
 men at their first election, one-half shall be elected for one year, and 
 one-half for two years. 
 
 Sec. 6. Whenever this act shall be submitted to the qualified 
 electors of any city for adoption, there shall be submitted at the same 
 time for adoption or rejection the question of “ minority representa¬ 
 tion ” in the City Council or legislative authority of such city. .At 
 the said election the ballot shall be in the following form : u For 
 minority representation in the City Council/’ or u Against minority 
 representation in the City Council.” The judges of such election 
 shall make returns thereof to the City Council, whose duty it shall 
 be to canvass such returns and to cause the result of such canvass to 
 be entered on the records of such city. If a majority of the votes 
 cast at such election shall be u For equal representation in the Cit\~- 
 Council,” then the members of the City Council or legislative 
 authority of such city shall be thereafter elected in the following 
 manner : The City Council or legislative authority of such city, at 
 least one month before the general election in the year in which this 
 act shall take effect in such city, shall apportion such city by divid¬ 
 ing the population thereof, as ascertained by the last federal census, 
 by any number not less than two nor more than six, and the quotient 
 shall be the ratio of representation in the City Council. Districts 
 shall be formed of contiguous and compact territory, and contain, as 
 nearly as practicable, an equal number of inhabitants. 
 
 Sec. 7. Every district shall be entitled to six aldermen. At the 
 first meeting of the City Council after such election, the aldermen elect¬ 
 ed shall be divided by lot into two classes, the three receiving the lowest 
 number of votes in the election to constitute the first class, and the 
 three receiving the highest number of votes to constitute the second 
 class. Those of the first class shall continue in office for one year, 
 and those of the second class for two years ; and upon any increase 
 of the number of aldermen at their first election, one-half shall be 
 elected for one year, and one-half for two years. Vacancies occur¬ 
 ring by the expiration of term shall be filled by the election of aider- 
 men for the full term of two years. Vacancies arising from any 
 other cause than the expiration of term, shall be filled at an election 
 to be held by the voters of the district in which such vacancy shall 
 occur, at the time designated by the City Council. In all elections 
 for aldermen, aforesaid, each qualified voter may cast as many votes 
 
 as there are aldermen to be* elected, or may distribute the same, or 
 2 
 
14 
 
 CITY OF BUNKER HILL. 
 
 equal parts thereof, among the candidates, as he shall see fit, and the 
 candidates highest in votes shall be declared elected. 
 
 Sec. 8. If a majority of the votes cast at such election shall be 
 u against minority representation in the City Council,” the preceding 
 section shall be null and void, so far as it relates to such city at such 
 election, and the aldermen of such city shall be elected as otherwise 
 provided for in this act. 
 
 Sec. 9. The City Council shall designate the place or places in 
 which the election shall be held, and appoint the judges and clerks 
 thereof, and cause notice to be printed in some newspaper published 
 in such city, if there be one, or posted at each voting place in such 
 city, of the time, places of election, and of the officers to be elected, 
 for at least twenty days prior to such election. 
 
 Sec. 10. The manner of conducting and voting at elections to be 
 held under this act, and contesting the same, the keeping of poll lists 
 and canvassing the votes, shall be the same, as nearly as may be, as 
 in the case of the election of county officers, under the general laws 
 of this State. The judges of election shall appoint clerks, when 
 necessary to fill vacancies, and the judges and clerks shall take the 
 some oath and have the same powers and authority as the judges 
 and clerks of general State elections. After the closing of the polls, 
 the ballots shall be counted and the returns made out and returned, 
 under seal, to the city or village clerk, as the case may be, within 
 two days after the election ; and, thereupon, the City Council or 
 Board of Trustees, as the case may be, shall examine and canvass 
 the same and declare the result of the election, and cause a state¬ 
 ment thereof to be entered upon its journal. 
 
 Sec. 11. The person having the highest number of votes, for any 
 office, shall be declared elected. In case of a tie in the election of 
 any city or village officer, it shall be determined by lot, in presence 
 of the City Council or Board of Trustees, in such manner as they 
 shall direct, which candidate or candidates shall hold the office. 
 
 Sec. 12. It shall be the duty of the village or City Clerk, within 
 five days after the result of the election is declared or appointment 
 made, to notify all persons elected or appointed to office of their 
 election or appointment, and unless such persons shall respectively 
 qualify in ten days after such notice, the office shall become vacant. 
 
 Sec. 13. If, for any cause, there shall not be a quorum in office 
 of the City Council or Board of Trustees, the Mayor, clerk, or any 
 alderman or trustee, as the case may be, may appoint the time and 
 place for holding a special election to supply such vacancy and give 
 notice and appoint the judges thereof. • 
 
CITY OF BUNKER HILL. 
 
 15 
 
 Sec. 14. If there is a failure to elect any officer herein required 
 to be elected, or the person elected should fail to qualify, the City 
 Council or Board of Trustees may forthwith order a new election 
 therefor ; and in all cases, when necessary for the purposes of this 
 act, may call special elections, appoint judges and clerks thereof, 
 canvass the returns thereof, and provide by ordinance for the mode 
 of conducting the same ; and shall give notice of such special elec¬ 
 tions, in which shall be stated the questions to be voted upon, and 
 cause such notices to be published or posted for the same length of 
 time and in the same manner as is required in the case of regular 
 annual elections in such cities or villages. 
 
 ARTICLE Y. 
 
 OF THE POWERS OF THE CITY COUNCIL. 
 
 Section i. The City Council in cities, and President and the 
 Board of Trustees in villages, shall have the following powers : 
 
 First —To control the finances and property of the corporation. 
 
 Second —To appropriate money for corporate purposes only, and 
 provide for payment of debts and expenses of the corporation. 
 
 Third —To levy and collect taxes for general and special purposes 
 on real and personal property. 
 
 Fourth —To fix the amount, terms and manner of issuing and 
 revoking licenses. 
 
 Fifth —To borrow money on the credit of the corporation for cor¬ 
 porate purposes, and issue bonds therefor, in such amounts and form, 
 and on such conditions as it shall prescribe, but shall not become 
 indebted in any manner or for any purpose to an amount, including 
 existing indebtedness, in the aggregate to exceed five (5) per centum 
 on the value of the taxable property therein, to be ascertained by the 
 last assessment for State and county taxes previous to the incurring 
 of such indebtedness ; and before or at the time of incurring any 
 indebtedness, shall provide for the collection of a direct annual tax, 
 sufficient to pay the interest on such debt as it falls due, and also to 
 pay and discharge the principal thereof within twenty years after 
 contracting the same. 
 
 Sixth —To issue bonds in place of or to supply means to meet 
 maturing bonds, or for the consolidation or funding of the same. 
 
 Seventh —To lay out, establish, open, alter, widen, extend, grade, 
 pave or otherwise improve streets, alleys, avenues, sidewalks, 
 wharves, parks and public grounds, and vacate the same. 
 
 Eighth —To plant trees upon the same. 
 
 Ninth —To regulate the use of the same. 
 
16 
 
 CITY OF BUNKER HILL. . 
 
 Tenth —To prevent and remove encroachments or obstructions 
 upon the same. 
 
 Eleventh —To provide for the lighting of the same. 
 
 Twelfth —To provide for the cleansing of the same. 
 
 Thirteenth —To regulate the openings therein for the laying of gas 
 or water mains and pipes, and the building and repairing of sewers, 
 tunnels and drains, and erecting gaslights : Provided , however , that 
 any company heretofore organized under the general laws of this 
 State, or any association of persons organized, or which may be 
 hereafter organized for the purpose of manufacturing illuminating 
 gas to supply cities or villages, or the inhabitants thereof, with the 
 same, shall have the right, by consent of the Common Council (sub¬ 
 ject to existing rights), to erect gas factories, and lay down pipes in 
 the streets or alleys of any city or village in this State, subject to 
 such regulations as any such city or village may by ordinance impose. 
 
 Fourteenth —To regulate the use of sidewalks and all structures 
 thereunder ; and to require the owner or occupant of any premises 
 to keep the sidewalks in front of, or along the same, free from snow 
 and other obstructions. 
 
 Fifteenth —To regulate and prevent the throwing or depositing of 
 ashes, offal, dirt, garbage or any offensive matter in, and to prevent 
 injury to, any street, avenue, alley or public ground. 
 
 Sixteenth —To provide for and regulate cross-walks, curbs and 
 gutters. 
 
 Seventeenth —To regulate and prevent the use of streets, sidewalks 
 and public grounds for signs, sign-posts, awnings, awning-posts, tele¬ 
 graph poles, horse-troughs, racks, posting handbills and advertise¬ 
 ments. 
 
 Eighteenth —To regulate and prohibit the exhibition or carrying of 
 banners, placards, advertisements or handbills in the streets or public 
 grounds, or upon the sidewalks. 
 
 Nineteenth —To regulate and prevent the flying of flags, banners 
 or signs across the streets or from houses. 
 
 Twentieth —To regulate traffic and sales upon the streets, side¬ 
 walks and public places. 
 
 'Twenty-first —To regulate the speed of horses and other animals, 
 vehicles, cars and locomotives within the limits of the corporation. 
 
 Twenty-second —To regulate the numbering of houses and lots. 
 
 Twenty-third —To name and change the name of any street, 
 avenue, alley, or other public place. 
 
 Twenty-fourth —To permit, regulate or prohibit the locating, con¬ 
 structing or laying a tract of any horse railroad in any street, alley or 
 
CITY OF BUNKER HILL. 
 
 17 
 
 public place; but such permission shall not be for a longer time 
 than twenty years. 
 
 Twenty-fifth —To provide for and change the location, grade and 
 crossings of any railroad. 
 
 Twenty-sixth —To require railroad companies to fence their 
 respective railroads, or any portion of the same, and to construct 
 cattle-guards, crossings of streets and public roads, and keep the 
 same in repair, within the limits of the corporation. In case any 
 railroad company shall fail to comply with any such ordinance, it 
 shall be liable for all damages the owner of any cattle or horses, or 
 other domestic animal, may sustain, by reason of injuries thereto 
 while on the track of such railroad, in like manner and extent as 
 under the general laws of this State, relative to the fencing of rail¬ 
 roads ; and actions to recover such damages may be instituted before 
 any Justice of the Peace, or other court of competent jurisdiction. 
 
 Twenty-seventh —To require railroad companies to keep flagmen at 
 railroad crossings of streets, and provide protection against injury to 
 persons and property in the use of such railroads. To compel such 
 railroad to raise or lower their railroad tracks to conform to any 
 grade which may, at any time, be established by such city, and 
 where such tracks run lengthwise of any such street, alley or high¬ 
 way, to keep their railroad tracks on a level with the street surface, 
 and so that such tracks may be crossed at any place on such street, 
 alley or highway. To compel and require railroad companies to 
 make and keep open and to keep in repair ditches, drains, sewers 
 and culverts along and under their railroad tracks, so that filthy or 
 stagnant pools of water cannot stand on their grounds or right of 
 way, and so that the natural drainage of adjacent property shall not 
 be impeded. 
 
 Twenty-eighth —To construct and keep in repair bridges, viaducts 
 and tunnels, and to regulate the use thereof. 
 
 Twenty-ninth —To construct and keep in repair culverts, drains, 
 sewers and cesspools, and to regulate the use thereof. 
 
 Thirtieth —To deepen, widen, dock, cover, wall, alter or change 
 the channel of water-courses. 
 
 Thirty-first —To construct and keep in repair canals and slips for 
 the accommodation of commerce. 
 
 Thirty-second —To erect and keep in repair public landing places, 
 wharves, docks and levees. 
 
 Thirty-third —To regulate and control the use of public and private 
 landing places, wharves, docks and levees. 
 
 Thirty-fourth —To control and regulate the anchorage, moorage 
 
18 
 
 CITY OF BUNKER HILL. 
 
 and landing of all water-craft and their cargoes within the jurisdic¬ 
 tion of the corporation. 
 
 Thirty-fifth —To license, regulate and prohibit wharfboats, tugs 
 and other boats used about the harbor or within such jurisdiction. 
 
 Thirty-sixth —To fix the rate of wharfage and dockage. 
 
 Thirty-seventh —To collect wharfage and dockage from all boats, 
 rafts or other craft landing at or using any public landing place, 
 wharf, dock or levee within the limits of the corporation. 
 
 Thirty-eighth —To make regulations in regard to the use of harbors, 
 towing of vessels, opening and passing of bridges. 
 
 Thirty-ninth —To appoint harbor-masters, and define their duties. 
 
 Fortieth —To provide for the cleansing and purification of waters, 
 water-courses and canals, and the draining or filling of ponds on 
 private property, whenever necessary to prevent or abate nuisances. 
 
 Forty-first —To license, tax, regulate, suppress and prohibit hawk¬ 
 ers, peddlers, pawnbrokers, keepers of ordinaries, theatrical and 
 other exhibitions, shows and amusements, and to revoke such license 
 at pleasure. 
 
 Forty-second- —To license, tax and regulate hackmen, draymen, 
 omnibus-drivers, carters, cabmen, porters, express-men, and all 
 others pursuing like occupations, and to prescribe their compensa¬ 
 tion. 
 
 Forty-third —To license, regulate, tax and restrain runners for 
 stages, cars, public houses, or other things or persons. 
 
 Forty-fourth —To license, regulate, tax or prohibit and suppress 
 billiard, bagatelle, pigeon-hole or any other tables or implements 
 kept or used for a similar purpose in any place of public resort, pin- 
 alleys and ball-alleys. 
 
 Forty-fifth —To suppress bawdy and disorderly houses, houses of 
 ill-fame or assignation, within the limits of the city, and within three 
 miles of the outer boundaries of the city ; and also to suppress gam¬ 
 ing and gambling houses, lotteries, and all fraudulent devices and 
 practices for the purpose of gaming or obtaining money or property ; 
 and to prohibit the sale or exhibition of obscene or immoral publi¬ 
 cations, prints, pictures or illustrations. 
 
 Forty-sixth —To license, regulate and prohibit the selling or giving 
 away of any intoxicating, malt, vinous, mixed or fermented liquor, 
 the license not to extend beyond the municipal year in which it shall 
 be granted, and to determine the amount to be paid for such license : 
 Provided , that the City Council in cities, or President and Board of 
 Trustees in villages, may grant permits to druggists for the sale of 
 liquors for medicinal, mechanical, sacramental and chemical pur- 
 
CITY OF BUNKER HILL. 
 
 19 
 
 poses only, subject to forfeiture, and under such restrictions and reg¬ 
 ulations as may be provided by ordinance : Provided, further, that in 
 granting licenses such corporate authorities shall comply with what¬ 
 ever general law of the State may be in force relative to the granting 
 of licenses. 
 
 Po?'ty-seventh —The foregoing shall not be construed to effect the 
 provisions of the charter of any literary institution heretofore granted. 
 
 Forty-eighth —-And the City Council in cities, and President and 
 Board of Trustees in villages, shall also have the power to forbid 
 and punish the selling or giving away of any intoxicating, malt, 
 vinous, mixed or fermented liquor to any minor, apprentice or ser¬ 
 vant, or insane, idiotic or distracted person, habitual drunkard, or 
 person intoxicated. 
 
 Forty-ninth —To establish markets and market-houses, and provide 
 for the regulation and use thereof. 
 
 Fiftieth —To regulate the sale of meats, poultry, fish, butter, 
 cheese, lard, vegetables, and all other provisions, and to provide for 
 place and manner of selling the same. 
 
 Fifty-first —To prevent and punisn forestalling and regrating. 
 
 Fifty-second —To regulate the sale of bread in the city or village ; 
 prescribe the weight and quality of the bread in the loaf. 
 
 Fifty-third —To provide for and regulate the inspection of meats, 
 poultry, fish, butter, cheese, lard, vegetables, cotton, tobacco, flour, 
 meal and other provisions. 
 
 Fifty-fourth —To regulate the inspection, weighing and measuring 
 of brick, lumber, fire-wood, coal, hay, and any article of mer¬ 
 chandise. 
 
 0 
 
 Fifty-fifth —To provide for the inspection and sealing of weights 
 and measures. 
 
 Fifty-sixth —To enforce the keeping and use of proper weights 
 and measures by vendors. 
 
 Fifty-seventh —To regulate the construction, repairs and use of 
 vaults, cisterns, areas, hydrants, pumps, sewers and gutters. 
 
 Fifty-eighth —To regulate places of amusement. 
 
 Fifty-ninth —To prevent intoxication, fighting, quarreling, dog¬ 
 fights, cock-fights, and all disorderly conduct. 
 
 Sixtieth —To regulate partition fences and party walls. 
 
 Sixty-first —To prescribe the thickness, strength and manner of 
 constructing stone, brick and other buildings, and construction of 
 fire escapes therein. 
 
 Sixty-second —The City Council and the President and Trustees in 
 villages, for the purpose of guarding against the calamities of fire, 
 
20 
 
 CITY OF BUNKER HILL. 
 
 shall have power to prescribe the limits within which wooden build¬ 
 ings shall not be erected or placed or repaired, without permission, 
 and to direct that all and any buildings within the fire limits, when 
 the same shall have been damaged by fire, decay or otherwise, to the 
 extent of fifty per cent, of the value, shall be torn down or removed, 
 and to prescribe the manner of ascertaining such damage. 
 
 Sixty-third- —To prevent the dangerous construction and condition 
 of chimneys, fire-places, hearths, stoves, stove-pipes, ovens, boilers 
 and apparatus used in and about any building and manufactory, and 
 to cause the same to be removed or placed in a safe condition, when 
 considered dangerous. To regulate and prevent the carrying on of 
 manufactories, dangerous in causing and promoting fires. To pre¬ 
 vent the deposit of ashes in unsafe places, and to cause all such 
 buildings and inclosures as may be in a dangerous state to be put in 
 a safe condition. 
 
 Sixty-fourth —To erect engine-houses, and provide fire-engines, 
 hose-carts, hooks and ladders, and other implements for prevention 
 and extinguishment of fires, and provide for the use and manage¬ 
 ment of the same by voluntary fire-companies or otherwise. 
 
 Sixty-fifth —To regulate and prevent storage of gunpowder, tar, 
 pitch, resin, coal-oil, benzine, turpentine, hemp, cotton, nitro-glycer- 
 ine, petroleum, or any of the products thereof, and other combusti¬ 
 ble or explosive material, and the use of lights in stables, shops and 
 other places, and the building of bonfires; also to regulate and 
 restrain the use of fireworks, firecrackers, torpedoes, Roman can¬ 
 dles, skyrockets, and other pyrotechnic displays. 
 
 Sixty-sixth —To regulate the police of the city or village, and pass 
 and enforce all necessary police ordinances. 
 
 Sixty-seventh —To provide for the inspection of steam-boilers. 
 
 Sixty-eighth —To prescribe the duties and powers of a Superin¬ 
 tendent of Police, policemen and watchmen. 
 
 Sixty-ninth —To establish and erect calabooses, bridewells, houses 
 of correction and workhouses, for the reformation and confinement 
 of vagrants, idle and disorderly persons, and persons convicted of 
 violating any city or village ordinance, and make rules and regula¬ 
 tions for the government of the same, and appoint necessary keepers 
 and assistants. 
 
 Seventieth —To use the County Jail for the confinement or punish¬ 
 ment of offenders, subject to such conditions as are imposed by law, 
 and with the consent of the County Board. 
 
 Seventy-first —To provide by ordinance in regard to the relation 
 
CITY OF BUNKER HILL. 21 
 
 between all the officers and employees of the corporation in respect 
 to each other, the corporation and the people. 
 
 Seventy-second- —To prevent and suppress riots, routs, affrays, 
 noises, disturbances, disorderly assemblies in any public or private 
 place. 
 
 Seventy-third —To prohibit and punish cruelty to animals. 
 
 Seventy-fourth —To restrain and punish vagrants, mendicants and 
 prostitutes. 
 
 Seventy-fifth —To declare what shall be a nuisance, and to abate 
 the same ; and to impose tines upon parties who may create, con¬ 
 tinue or suffer nuisances to exist. 
 
 Seventy-sixth —To appoint a Board of Health, and prescribe its 
 powers and duties. 
 
 Seventy-seventh —To erect and establish hospitals and medical dis¬ 
 pensaries, and control and regulate the same. 
 
 Seventy-eighth —To do all acts, make all regulations which may be 
 necessary or expedient for the promotion of health or the suppres¬ 
 sion of disease. 
 
 Seventy-ninth —To establish and regulate cemeteries, within or 
 without the corporation, and acquire lands therefor, by purchase or 
 otherwise, and cause cemeteries to be removed, and prohibit their 
 establishment within one mile of the corporation. 
 
 Eightieth —To regulate, restrain and prohibit the running at large 
 of horses, cattle, swine, sheep, goats, geese and dogs, and to impose 
 a tax on dogs. 
 
 Eighty-first —To direct the location and regulate the management 
 and construction of packing-houses, renderies, tallow chandleries, 
 bone-factories, soap-factories and tanneries, within the limits of the 
 city or village, and within the distance of one mile without the city 
 or village limits. 
 
 Eighty-second —To direct the location and regulate the use and 
 construction of breweries, distilleries, livery-stables, blacksmith 
 shops and founderies within the limits of the city or village. 
 
 Eighty-third —To prohibit any offensive or unwholesome business 
 or establishment within or within one mile of the limits of the cor¬ 
 poration. 
 
 Eighty-fourth —To compel the owner of any grocery, cellar, soap 
 or tallow-chandlery, tannery, stable, pig-sty, privy, sewer or other 
 unwholesome or nauseous house or place, to cleanse, abate or remove 
 the same, and to regulate the location thereof. 
 
 Eighty-fifth —The City Council or Trustees of a village shall have 
 
 power to provide for the taking of the city or village census ; but 
 3 
 
22 
 
 CITY OF BUNKER HILL. 
 
 no city or village census shall be taken by authority of the Council 
 or Trustees oftener than once in three years. 
 
 Eighty-sixth —To provide for the erection and care of all public 
 buildings necessary for the use of the city or village. 
 
 Eighty-seventh —To establish ferries, toll-bridges, and license and 
 regulate the same, and, from time to time, fix tolls thereon. 
 
 Eighty-eighth —To authorize the construction of mills, mill-races 
 and feeders on, through or across the streets of the city or village, at 
 such places and under such restrictions as they shall deem proper. 
 
 Eighty-ninth —The City Council shall have power, by condemna¬ 
 tion or otherwise, to extend any street, alley or highway over or 
 across, or to construct any sewer under or through any railroad 
 track, right of way, or land of any railroad company (within the 
 corporate limits) ; but where no compensation is made to such rail¬ 
 road company, the city shall restore such railroad track, right ot 
 way or land to its former state, or in a sufficient manner not to have 
 impaired its usefulness. 
 
 Ninetieth —The City Council or Board of Trustees shall have no 
 power to grant the use of, or the right to lay down, any railroad 
 tracks in any street of the city, to any steam or horse-railroad com¬ 
 pany, except upon a petition of the owners of the land representing 
 more than one-half of the frontage of the street, or so much thereof 
 as is sought to be used for railroad purposes. 
 
 Ninety-first- —To tax, license and regulate auctioneers, distillers, 
 brewers, lumber-yards, livery stables, public scales, money changers 
 and brokers. 
 
 Ninety-second —To prevent and regulate the rolling of hoops, play¬ 
 ing of ball, flying of kites, or any other amusement or practice 
 having a tendency to annoy persons passing in the streets or on the 
 sidewalks, or to frighten teams and horses. 
 
 Ninety-third- —To regulate and prohibit the keeping of any lum¬ 
 ber-yard, and the placing or piling or selling any lumber, timber, 
 wood or other combustible material, within the fire limits of the city. 
 
 Ninety-fourth —To provide, by ordinance, that all the paper, print¬ 
 ing, stationery, blanks, fuel, and all the supplies needed for the use 
 of the city, shall be furnished by contract, let to the lowest bidder. 
 
 Ninety-fifth —To tax, license and regulate second-hand and junk 
 stores, and to forbid their purchasing or receiving from minors, 
 without the written consent of their parents or guardians, any article 
 whatsoever. 
 
 Ninety-sixth —To pass all ordinances, rules, and make all regula¬ 
 tions, proper or necessary, to carry into effect the powers granted to 
 
CITY OF BUNKER HILL. 
 
 23 
 
 cities or villages, with such fines or penalties as the City Council or 
 Board of Trustees shall deem proper: Provided , no fine or penalty 
 shall exceed two hundred dollars ($200), and no imprisonment shall 
 extend six months for one offense. 
 
 Sec. 2. The style of the ordinances in cities shall be : “ Be it 
 ordained by the City Council of- 
 
 Sec. 3. All ordinances of cities and villages imposing any fine, 
 penalty, imprisonment or forfeiture, or making any appropriation, 
 shall, within one month after they are passed, be published at least 
 once in a newspaper published in the city or village, or, if no such 
 newspaper is published therein, by posting copies of the same in 
 three public places in the city or village ; and no such ordinance 
 shall take effect until ten days after it is so published ; and all other 
 ordinances, orders and resolutions shall take effect from and after 
 their passage, unless otherwise provided therein. 
 
 Sec. 4. All ordinances, and the date of publication thereof, may 
 be proven by the certificate of the clerk, under the seal of the cor¬ 
 poration ; and when printed in book or pamphlet form, and pur¬ 
 porting to be published by authority of the Board of Trustees or the 
 City Council, the same need not be otherwise published ; and such 
 book or pamphlet shall be received as evidence of the passage and 
 legal publication of such ordinances, as of the dates mentioned in 
 such book or pamphlet, in all courts and places without further 
 proof. 
 
 Sec. 5. All actions brought to recover any fine, or to enforce any 
 penalty, under any ordinance of any city or village, shall be brought 
 in the corporate name of the city or village as plaintiff'; and no 
 prosecution, recovery or acquittal, for the violation of any such ordi¬ 
 nance, shall constitute a defense to any other^prosecution of the same 
 party for any other violation of any such ordinance, although the 
 different causes of action existed at the same time, and, if united, 
 would not have exceeded the jurisdiction of the court or magistrate. 
 
 Sec. 6. All fines and forfeitures for the violation of ordinances, 
 when collected, and all moneys collected for licenses or otherwise, 
 shall be paid into the treasury of the corporation, at such times and 
 in such manner as may be prescribed by ordinance. 
 
 Sec. 7. In all actions for the violation of any ordinance, the first 
 process shall be a summons : Provided , however , that a warrant for 
 the arrest of the offender may issue in the first instance upon the 
 affidavit of any person that any such ordinance has been violated, 
 and that the person making the complaint has reasonable grounds to 
 believe the party charged is guilty thereof, and any person arrested 
 
24 
 
 CITY OF BUNKER HILL. 
 
 
 upon such warrant shall, without unnecessary delay, be taken be¬ 
 fore the proper officer to be tried for the alleged offense. Any per¬ 
 son upon whom any fine or penalty shall be imposed, may, upon 
 the order of the court or magistrate before whom the conviction is 
 had, be committed to the county jail or the calaboose, city prison, 
 workhouse, house of correction, or other place provided by the city 
 or village for the incarceration of offenders, until such fine, penalty 
 and cost shall be fully paid : Provided , that no such imprisonment 
 shall exceed six months for anv one offense. The Citv Council or 
 Board of Trustees shall have power to provide, by ordinance, that 
 every person so committed shall be required to work for the corpo¬ 
 ration, at such labor as his or her strength will permit, within and 
 without such prison, workhouse, house of correction, or other place 
 provided for the incarceration of such offenders, not exceeding ten 
 hours each working day, and for such work the person so employed 
 to be allowed, exclusive of his or her board, two dollars per day for 
 each day’s work on account of such fine and cost. 
 
 Sec. 8 . Any and all justices of the peace and police magistrates 
 shall have jurisdiction in all cases arising under the provisions of 
 this act, or any ordinance passed in pursuance thereof. 
 
 Sec. 9. Any Constable or Sheriff' of the county may serve any 
 process, or make any arrests authorized to be made by any city 
 officer. 
 
 Sec. 10. The city or village government shall have jurisdiction 
 upon all waters within or bordering upon the same, to the extent of 
 three miles beyond the limits of the city or village, but not to exceed 
 the limits of the State. 
 
 ARTICLE VI. - 
 
 OFFICERS—THEIR POWERS AND DUTIES. 
 
 Section i. There shall be elected, in all cities organized under 
 this act, the following officers, viz : a Mayor, a City Council, a City 
 Clerk, City Attorney, and a City Treasurer. 
 
 Sec. 2. The City Council mav, in its discretion, from time to 
 time, by ordinance passed by a vote of two-thirds of all the aider- 
 men elected, provide for the election by the legal voters of the city, 
 or the appointment by the Mayor, with the approval of the City 
 Council, of a City Collector, a City Marshal, a City Superintendent 
 of Streets, a Corporation Counsel, a City Comptroller, or any or 
 either of them, and such other officers as may by said Council be 
 deemed necessary or expedient. The City Council may, by a like 
 vote, by ordinance or resolution, to take effect at the end of the then 
 
CITY OF BUNKER HILL. 
 
 25 
 
 fiscal year, discontinue any office so created, and devolve the duties 
 thereof on any other city officer ; and no officer, filling any such 
 office so discontinued, shall have any claim against the city on 
 account of his salary, after such discontinuance. The City Marsha^ 
 shall perform such duties as shall be prescribed by the City Council 
 for the preservation of the public peace, and the observance and 
 enforcement of the ordinances and laws ; he shall possess the power 
 and authority of a constable at common law, and under the statutes 
 of this State. 
 
 # 
 
 Sec. 3. All officers of any city, except where herein otherwise 
 provided, shall be appointed by the Mayor, (and vacancies in all 
 officers except the Mayor and aldermen shall be filled by like 
 appointment,) by and with the advice and consent of the City 
 Council. The City Council may, by ordinance not inconsistent 
 with the provisions of this act, prescribe the duties and define the 
 powers of all such officers, together with the term of any such 
 office : Provided , the term shall not exceed two years. 
 
 Sec. 4. All officers of any city or village, whether elected or 
 appointed, shall, before entering upon the duties of their respective 
 offices, take and subscribe 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 of the State of 
 
 Illinois, and that I will faithfully discharge the duties of the office of. 
 
 according to the best of my ability. 
 
 Which oath or affirmation, so .subscribed, shall be filed in the 
 office of the Clerk ; and all such officers, except aldermen and 
 Trustees, shall, before entering upon the duties of their respective 
 offices, execute a bond with security, to be approved by the City 
 Council or Board of Trustees, payable to the city or village, in such 
 penal sum as may, by resolution or ordinance, be directed, condi¬ 
 tioned 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 city or village : Provided , however , 
 that in no case shall the Mayor’s bond be fixed at a less sum than 
 three thousand dollars ($3,000), nor shall the Treasurer’s bond be 
 fixed at a less sum than the amount of the estimated tax and special 
 assessments for the current year ; which bonds shall be filed with 
 the Clerk (except the bond of the Clerk, which shall be filed with 
 the Treasurer). 
 
 Sec. 5. All officers elected or appointed under this act (except 
 the Clerk, Aldermen and Mayor, and Trustees,) shall be commis¬ 
 sioned by warrant, under the corporate seal, signed by the Clerk 
 
26 
 
 CITY OF BUNKER HILL. 
 
 and the Mayor or presiding officer of the City Council or Board of 
 Trustees. The Mayor or President of the Board of Trustees shall 
 issue a certificate of appointment or election, under the seal of the 
 corporation, to the Clerk thereof; and any person having been an 
 officer of the citv or village, shall, within five days after notification 
 and request, deliver to his successor in office all property, books and 
 effects of every description in his possession, belonging to the city 
 or village, or appertaining to his said office ; and upon his refusal to 
 do so, shall be liable for all the damages caused thereby, and to 
 such penalty as may by ordinance be prescribed. 
 
 Sec. 6 . No person shall be eligible to any office who is not a 
 qualified elector of the city or village, and who shall not have 
 resided therein at least one year next preceding his election or 
 appointment, nor shall any person be eligible to any office who is a 
 defaulter to the corporation. ' 
 
 Sec. 7. No officer shall be directly or indirectly interested in 
 any contract, work or business of the city, or the sale of any article, 
 the expense, price or consideration of which is paid from the 
 Treasury, or by any assessment levied by any act or ordinance ; nor 
 in the purchase of any real estate or other property belonging to 
 the corporation, or which shall be sold for taxes or assessments, or 
 by virtue of legal process at the suit of said corporation. 
 
 Sec. 8 . Every person who shall promise, offer or give, or cause, 
 or aid, or abet in causing to be promised, offered or given, or fur¬ 
 nish or agree to furnish, in whole or in part, to be promised, offered 
 or given to any member of the City Council or Board of Trustees, 
 or any officer of the corporation, after or before his election or 
 appointment as such officer, any moneys, goods, right in action, or 
 other property, or anything of value, or any pecuniary advantage, 
 present or prospective, with intent to influence his vote, opinion, 
 judgment or action on any question, matter, cause or proceeding 
 which may be then pending, or may by law be brought before him 
 in his official capacity, shall, upon conviction, be imprisoned in the 
 penitentiary for a term not exceeding two years, or shall be fined 
 not exceeding five thousand dollars, or both, in the discretion of the 
 court. Every officer who shall accept any such gift or promise, or 
 undertaking to make the same under any agreement or understand¬ 
 ing that his vote, opinion, judgment or action shall be influenced 
 thereby, or shall be given in any question, matter, cause or proceed¬ 
 ing then pending, or which may by law be brought before him in 
 his official capacity, shall, upon conviction, be disqualified from 
 holding any public office, trust or appointment under the city or vil- 
 
CTTY OF BUNKER HILL. 
 
 27 
 
 lage, and shall forfeit his office, and shall be punished by imprison¬ 
 ment in the penitentiary not exceeding two years, or by a fine not 
 exceeding five thousand dollars, or both, in the discretion of the 
 court. Every person offending against either of the provisions of 
 this section shall be a competent witness against any other person 
 offending in the same transaction, and may be compelled to appear 
 and give evidence before any grand jury or in any court in the same 
 manner as other persons ; but the testimony so given shall not be 
 used in any prosecution or proceeding, civil or criminal, against the 
 person so testifying. 
 
 Sec. 9. No Mayor, Alderman, City Clerk or Treasurer shall 
 hold any other office under the city government during his term of 
 office. 
 
 Sec. 10. The Clerk shall keep the corporate seal, to be provided 
 under the direction of the City Council or Board of Trustees, and 
 all papers belonging to the city or village ; he shall attend all meet¬ 
 ings of the City Council or Board of Trustees, and keep a full 
 record of its proceeding in the journal; and copies of all papers 
 duly filed in his office, and transcripts from the journals and other 
 records and tiles of his office, certified by him under the corporate 
 seal, shall be evidence in all courts, in like manner as if the origi¬ 
 nals were produced. 
 
 Sec. 11. The Clerk shall record, in a book to be kept for that 
 purpose, all ordinances passed by the City Council or Board of 
 Trustees; and at the foot of the record of each ordinance so 
 recorded, shall make a memorandum of the date of the passage and 
 of the publication or posting of such ordinance, which record and 
 memorandum, or a certified copy thereof, shall be prima facie 
 evidence of the passage and legal publication or posting of such 
 ordinances for all purposes whatsoever. 
 
 Sec. 12. The Trustees in villages, the Mayor, Aldermen, and 
 the Marshal and his Deputies, Policemen and Watchmen in cities, 
 if any such be appointed, shall be conservators of the peace ; and 
 all officers created conservators of the peace by this act, or author¬ 
 ized by any ordinance, shall have power to arrest, or cause to be 
 arrested, with or without process, all persons who shall break the 
 peace, or be found violating any ordinance of the city or village, or 
 any criminal law of the State, commit for examination, and, if 
 necessary, detain such persons in custody over night or Sunday in 
 the watch-house, or any other safe place, or until they can be 
 brought before the proper magistrate, and shall have and exercise 
 
28 
 
 CTTY OF BUNKER HTLL. 
 
 such other powers, as conservators of the peace, as the City Coun¬ 
 cil or Board of Trustees may prescribe. 
 
 Sec. 13. The Mayor of any citv shall receive such compensa¬ 
 tion as the City Council may by ordinance direct; but his compen¬ 
 sation shall not be changed during his term of office. 
 
 Sec. 14. The Aldermen and Trustees may receive such com¬ 
 pensation for their services as shall be fixed by ordinance ; Provided , 
 however , such compensation shall not exceed three dollars to each 
 Alderman or Trustee for each meeting of the City Council or Board 
 of Trustees actually attended by him, and no other compensation 
 than for attendance upon such meetings shall be allowed to any 
 Alderman or Trustee for any services whatsoever. Such compen¬ 
 sation shall not be changed after it has been once established, so as 
 to take effect as to any Alderman or Trustee voting for such change 
 during his term of office. 
 
 Sec. 15. All other officers may receive a salary, fees, or other 
 compensation, to be fixed by ordinance ; and after t>he same has 
 been once fixed, such fees or compensation shall not be increased or 
 diminished, to take effect during the term for which any such officer 
 was elected or appointed : and every such officer shall make and 
 return to the Mayor or President of the Board of Trustees, a semi¬ 
 annual report, verified by affidavit, of all such fees and emoluments 
 received by him. 
 
 Sec. 16. The Mayor of any city, and the Clerk of any city or 
 village, shall have power to administer oaths and affirmations upon 
 all lawful occasions. 
 
 ARTICLE VII. 
 
 OF FINANCE. 
 
 Section i. The fiscal year of each city or village organized 
 under this act shall commence at the date established by law for the 
 annual election of municipal officers therein, or at such other times 
 as may be fixed bv ordinance. 
 
 Sec. 2. The City Council of cities, and Board of Trustees in 
 villages, shall, within the first quarter of each fiscal year, pass an 
 ordinance, to be termed the Annual Appropriation Bill, in which 
 such corporate authorities may appropriate such sum or sums of 
 money as may be deemed necessary to defray all necessary expenses 
 and liabilities of such corporation ; and in such ordinance shall spec¬ 
 ify the objects and purposes for which such appropriations are 
 made, and the amount appropriated for each object or purpose. 
 No further appropriations shall be made at any other time within 
 
29 
 
 CITY OF BUNKER HILL. 
 
 such fiscal year, unless the proposition to make each appropriation 
 has been first sanctioned by a majority of the legal voters of such 
 city or village, either by a petition signed by them, or at a general 
 or special election duly called therefor. 
 
 Sec. 3. Neither the City Council nor the Board of Trustees, nor 
 any department or officer of the corporation, shall add to the corpo¬ 
 ration expenditures in any one year anything over and above the 
 amount provided for in the annual appropriation bill of that year, 
 except as is herein otherwise specially provided ; and no expendi¬ 
 ture for an improvement to be paid for out of the general fund of the 
 corporation shall exceed, in any one year, the amount provided for 
 such improvement in the annual appropriation bill: Provided , how- 
 mvythat nothing herein contained, shall prevent the City Council or 
 Board of Trustees from ordering, by a two-thirds vote, any improve¬ 
 ment, the necessity of which is caused by any casualty or accident 
 happening after such annual appropriation is made. The City 
 Council or Board of Trustees may, by a like vote, order the Mayor or 
 President of the Board of Trustees and finance committee to borrow 
 a sufficient amount to provide for the expense necessary to be 
 incurred in making any improvements, the necessity of which has 
 arisen as is last above mentioned, for a space of time not exceeding 
 the close of the next fiscal year—which sum, and the interest, shall 
 be added to the amount authorized to be raised in the next general 
 tax levy, and embraced therein. Should any judgment be obtained 
 against the corporation, the Mayor, or President of the Board of 
 Trustees and finance committee, under the sanction of the City Coun¬ 
 cil or Board of Trustees, may borrow a sufficient amount to pay the 
 same, for a space of time not exceeding the close of the next fiscal 
 year—which sum and interest shall, in like manner, be added to the 
 amount authorized to be raised in the general tax levy of the next 
 year, and embraced therein. 
 
 Sec. 4. No contract shall be hereafter made by the City Council 
 or Board of Trustees, or any committee or member thereof; and no 
 expense shall be incurred by any of the officers or departments of 
 the corporation, whether the object of the expenditure shall have 
 been ordered by the City Council or Board of Trustees or not, unless 
 an appropriation shall have been previously made concerning such 
 expense, except as herein otherwise expressly provided. 
 
 Sec. 5. The Treasurer shall receive all moneys belongingto the 
 corporation, and shall keep his books and accounts in such manner 
 
 as may be prescribed by ordinance, and such books and accounts 
 
 4 
 
30 
 
 CITY OF BUNKER HILL. 
 
 shall always be subject to the inspection of any member of the City 
 Council or Board of Trustees. 
 
 Sec. 6 . He shall keep a separate account of each fund or 
 appropriation, and the debts and credits belonging thereto. 
 
 Sec. 7. He shall give every person paying money into the 
 treasury a receipt therefor, specifying the date of payment and upon 
 what account paid ; &nd he shall also file copies of such receipts 
 with the Clerk at the date of his monthly reports. 
 
 Sec. 8 . The Treasurer shall, at the end of each and every 
 month, and oftener if required, render an account to the City Coun¬ 
 cil or Board of Trustees, or such officer as may be designated by 
 ordinance (under oath), showing the state of the treasury at the 
 date of such account, and the balance of money in the treasury. 
 He shall also accompany such accounts with a statement of all 
 moneys received into the treasury, and on what account, together 
 with all warrants redeemed and paid by him ; which said warrants, 
 with any and all vouchers held by him, shall be delivered to the 
 Clerk, and filed with his said account in the Clerk’s office upon every 
 day of such settlement. He shall return all warrants paid by him 
 stamped or marked u paid.” He shall keep a register of all war¬ 
 rants redeemed and paid, which shall describe such warrants, and 
 show the date, amount, number, the fund from which paid, the 
 name of the person to whom and when paid. 
 
 Sec. 9. The Treasurer may be required to keep all moneys in 
 his hands, belonging to the corporation, in such place or places of 
 deposit as may be designated by ordinance : Provided , however , no 
 such ordinance shall be passed by which the custody of such money 
 shall be taken from the Treasurer and deposited elsewhere than in 
 some regularly organized bank, nor without a bond to be taken 
 from such bank, in such penal sum and with such security as the 
 City Council or Board of Trustees shall direct and approve, suffi¬ 
 cient to save the corporation from any loss ; but such penal sum 
 shall not be less than the estimated receipts for the current year 
 from taxes and special assessments levied, or to be levied by the cor¬ 
 poration. The Treasurer shall keep all moneys belonging to the 
 corporation in his hands, separate and distinct from his own moneys, 
 and he is hereby expressly prohibited from using, either directly or 
 indirectly, the corporation money or warrants in his custody and 
 keeping, for his own use and benefit, or that of any other person or 
 persons whomsoever ; and any violation of this provision shall sub¬ 
 ject him to immediate removal from office by the City Council or 
 Board of Trustees, who are hereby authorized to declare said office 
 
CITY OF BUNKER HILL. 
 
 31 
 
 vacant; and in which case his successor shall be appointed, who 
 shall hold his office for the remainder of the term unexpired of such 
 officer so removed. 
 
 Sec. io. The Treasurer shall report to the City Council or 
 Board of Trustees, as often as required, a full and detailed account 
 of all receipts and expenditures of the corporation, as shown by his 
 books, up to the time of said report; an<3 he shall, annually, 
 between the first and tenth of April, make out and file with the 
 Clerk a full and detailed account of all such receipts and expendi¬ 
 tures, and of all his transactions as such Treasurer, during the pre¬ 
 ceding fiscal year, and shall show in such account the state of the 
 Treasury at the close of the fiscal year ; which account the Clerk 
 shall immediately cause to be published in a newspaper printed in 
 such city if there be one, and if not, then by posting the same in a 
 public place in the Clerk’s office. 
 
 Sec. ii. All warrants drawn upon the Treasurer must be signed 
 by the Mayor and countersigned by the Clerk, stating the particular 
 fund or appropriation to which the same is chargeable, and the per¬ 
 son to whom payable ; and no money shall be otherwise paid than 
 upon such warrants so drawn, except as hereinafter provided. 
 
 Sec. 12. All moneys received on any special assessment shall be 
 held by the Treasurer as a special fund, to be applied to the payment 
 of the improvement for which the assessment was made, and said 
 money shall be used for no other purpose whatever, unless to reim¬ 
 burse such corporation for money expended for such improvement. 
 
 CITY COLLECTOR. 
 
 Sec. 13. It shall be the duty of the Collector, when one is 
 appointed, to preserve all warrants which are returned into his 
 hands, and he shall keep such books and his accounts in such man¬ 
 ner as the City Council may prescribe. Such warrants, books, 
 and all papers pertaining to his office, shall at all times be open to 
 the inspection of and subject to the examination of the Mayor, City 
 Clerk, any member of the Council, or committee thereof. He shall 
 weekly, and oftener if required by the Council, pay over to the 
 Treasurer all moneys collected by him from any source whatever, 
 taking such Treasurer’s receipt therefor, which receipt he shall 
 immediately file with the City Clerk ; but the City Clerk shall, at 
 the time, or on demand, give such Collector a copy of any such 
 receipt so filed. 
 
 Sec. 14. He shall make a report in writing to the Council, or 
 any officer designated by the Council, of all moneys collected by 
 
32 
 
 CITY OF BUNKER HILL. 
 
 him, the account whereon collected, or of any other matter in connec¬ 
 tion with his office, when required by the Council or by any ordi¬ 
 nance of the city. He shall also, annually, between the first and 
 tenth of April, file with the Clerk a statement of all the moneys 
 collected by him during the year, the particular warrant, special 
 assessment or account on which collected, the balance of moneys 
 Uncollected on all warrants in his hands, and the balance remaining 
 uncollected at the time of the return on all warrants which he shall 
 have returned, during the preceding fiscal year, to the City Clerk. 
 The City Clerk shall publish or post the same as hereinbefore 
 required to be done in regard to the annual report of the Treasurer. 
 
 Sec. 15. The Collector is hereby expressly prohibited from 
 keeping the moneys of the city in his hands, or in the hands of any 
 person or corporation, to his use, beyond the time which may be 
 prescribed for the payment of the same to the Treasurer ; and any 
 violation of this provision will subject him to immediate removal 
 from office. 
 
 Sec. i 6 . All the City Collector’s papers, books, warrants and 
 vouchers may be examined at any time by the Mayor or Clerk, or 
 any member of the City Council; and the Collector shall every two 
 weeks, or oftener if the City Council so direct, pay over all money 
 collected by him from any person or persons, or associations, to the 
 Treasurer, taking his receipt therefor in duplicate, one of which 
 receipts he shall at once file in the office of the Clerk. 
 
 CITY COMPTROLLER. 
 
 Sec. 17. The City Comptroller (if there shall be any City 
 Comptroller appointed, if not, then the Clerk) shall exercise a gen¬ 
 eral supervision over all the officers of the corporation charged in 
 any manner with the receipt, collection, or disbursement of cor¬ 
 poration revenues, and the collection and return of all such revenues 
 into the treasury. He shall have the charge, custody and control 
 of all deeds, leases, warrants, vouchers, books and papers of any 
 kind, the custody and control of which is not herein given to any 
 other officers ; and he shall, on or before the fifteenth day of May, 
 in each year, and before the annual appropriations to be made by 
 the City Council or Board of Trustees submit to the City Council 
 or Board of Trustees, a report of his estimates, as nearly as may be, 
 of moneys necessary to defray the expenses of the corporation 
 during the current fiscal year. He shall, in said report, class the 
 different objects and branches of expenditures, giving, as nearly 
 as may be, the amount required for each ; and for the purpose 
 
CITY OF BUNKER HILL. 
 
 33 
 
 of making such report, he is authorized to require of all officers 
 their statement of the condition and expenses of their respective 
 offices or departments, with any proposed improvements and the 
 probable expense thereof, all contracts made and unfinished, and the 
 amount of any and all unexpended appropriations of the preceding 
 year. He shall, in such report, show the aggregate income of the 
 preceding fiscal year from all sources, the amount of liabilities out¬ 
 standing upon which interest is to be paid, the bonds and debts pay¬ 
 able during the year, when due and when payable ; and in such 
 report he shall give such other information to the Council or Board 
 of Trustees as he may deem necessary, to the end that the City 
 Council or Board of Trustees may fully understand the money exi¬ 
 gencies and demands upon the corporation for the current year. 
 
 Sec. i8 . When there shall be appointed in any city a Comp¬ 
 troller, the City Council may, by ordinance or resolution, confer 
 upon him such powers, and provide for the performance of such 
 duties by him, as the City Council shall deem necessary and proper ; 
 and all the provisions of this act relating to the duties of City Clerk, 
 or the powers of City Clerk in connection with the finances, the 
 Treasurer and Collector, or the receipt and disbursements of the 
 moneys of such city, shall be exercised and performed by such 
 Comptroller, if one there shall be appointed ; and to that end and 
 purpose, wherever in this act heretofore the word “Clerk” is used, 
 it shall be held to mean u Comptroller and wherever the u Clerk’s 
 office ” is referred to, it shall be held to mean u Comptroller’s office.” 
 
 Sec. 19. The Comptroller, when there shall be a Comptroller, 
 and if not, then the Clerk, shall keep in his office, in a book or 
 books kept expressly for that purpose, a correct list of all the out¬ 
 standing bonds of the city, showing the number and amount of each, 
 for and to whom the said bonds are issued ; and when any city 
 bonds are purchased, or paid, or canceled, said book or books shall 
 show the fact; and in his annual report he shall describe, particu¬ 
 larly, the bonds sold during the year, and the terms of sale, with 
 each and every item of expense thereof. 
 
 GENERAL PROVISIONS. 
 
 Sec. 20. The Collector and Treasurer, and all other officers con¬ 
 nected with the receipt and expenditure of money, shall perform 
 such other duties, and be subject to such other rules and regulations, 
 as the City Council or Board of Trustees may, from time to time, by 
 ordinance, provide and establish. 
 
 Sec. 21. In the adjustment of the accounts of the Collector or 
 
34 
 
 CITY OF BUNKER HILL. 
 
 Treasurer with the Clerk (or Comptroller if there shall be one), 
 there shall be an appeal to the Finance Committee of the Council or 
 Board of Trustees, whose decision in all matters of controversy aris¬ 
 ing between said officers shall be binding, unless the City Council or 
 Board of Trustees shall otherwise direct and provide. 
 
 Sec. 22. The Comptroller (if there shall be one), the Clerk, 
 Treasurer and Collector, shall, severally, appoint such various clerks 
 and subordinates in their respective offices as the City Council or 
 Board of Trustees may authorize, and shall be held, severally, 
 responsible for the fidelity of all persons so appointed by them. 
 
 Sec. 23. All corporations, companies or associations not incor¬ 
 porated under the laws of this State, engaged in any city in effecting 
 fire insurance, shall pay to the Treasurer the sum of two dollars 
 upon the hundred dollars of the net receipts by their agency in such 
 city, and at that rate upon the amount of all premiums which, dur¬ 
 ing the half year ending on every first day of July and January, 
 shall have been received for any insurance effected or agreed to be 
 effected in the city or village, by or with such corporations, compa¬ 
 nies or associations, respectively. Every person who shall act in 
 any city or village as agent, or otherwise, for or on behalf of any 
 such corporation, company or association, shall, on or before the 
 fifteenth day of July and January in each year, render to the Comp¬ 
 troller (if any there be ; if not, to the Clerk,) a full, true and just 
 account, verified by his oath, of all premiums which, during the 
 half year ending on every first day of July and January preceding 
 such report, shall have been received by him, or any other person 
 for him, in behalf of any such corporation, company or association, 
 and shall specify in said account the amounts received for fire insur¬ 
 ance. Such agents shall also pay over to the Treasurer, at the time 
 of rendering the aforesaid account, the amount of rates for which 
 the company or companies represented by them are severally 
 chargeable bv virtue hereof. If such account be not rendered on or 
 before the day hereinbefore designated for that purpose, or if the 
 said rates shall remain unpaid after that day, it shall be unlawful 
 for any corporation, company or association so in default to transact 
 any business of insurance in any such city or village, until the said 
 requisitions shall have been fully complied with ; but this provision 
 shall not relieve any company from the payment of any risk that 
 may be taken in violation hereof. Any person or persons violating 
 any of the provisions of this section shall be subject to indictment, 
 and upon conviction thereof, in any court of competent jurisdiction, 
 shall be fined in any sum not exceeding one thousand dollars, or 
 
CITY OF BUNKER HILL. 
 
 35 
 
 imprisoned not exceeding six months, or both, in the discretion of 
 the court. Said rates may also be recovered of such corporation, 
 company or association, or its agent, by action in the name and for 
 the use of any such city or village, as for money had and received 
 for its use : Provided\ that this section shall only apply to such cities 
 and villages as have an organized fire department, or maintain some 
 organization for the prevention of fires. 
 
 ARTICLE YIII. 
 
 OF THE ASSESSMENT AND COLLECTION OF TAXES. 
 
 Section i. The City Council in cities and Board of Trustees in 
 villages may assess and collect taxes for corporate purposes, in the 
 following manner : the City Council or Board of Trustees, as the 
 case may be, shall on or before the second Tuesday in September in 
 each year, ascertain the total amount of appropriations for all cor¬ 
 porate purposes, legally made, and to be collected from the tax levy 
 of that fiscal year, and by ordinance levy and assess such amount, 
 so ascertained, upon the real and personal property within the city 
 or village subject to taxation, as the same is assessed for State and 
 county purposes for the current year. A certified copy of such 
 ordinance shall be filed with the County Clerk of the proper county, 
 whose duty it shall be to ascertain the rate per cent, which, upon 
 the total valuation of all property subject to taxation within the city 
 or village, as the same is assessed and equalized for State and 
 county purposes, will produce a net amount not less than the amount 
 so directed to be levied and assessed ; and it shall be the duty of 
 the County Clerk to extend such tax, in a separate column, upon 
 the book or books of the collector or collectors of State and county 
 taxes within such city or village. 
 
 Sec. 2. The tax so assessed shall be collected and enforced in 
 the same manner and by the same officers as State and county taxes, 
 and shall be paid over by the officers collecting the same to the 
 Treasurer of the city or village. 
 
 Sec. 3. It shall be the duty of the officer collecting such tax to 
 settle with and pay over to such Treasurer, as often as once in two 
 weeks from the time he shall commence the collection thereof, all 
 such taxes as he shall then have collected, till the whole tax col¬ 
 lected shall be paid over. 
 
 Sec. 4. Whenever any city or village is required to levy a tax 
 for the payment of any particular debt, appropriation or liability of 
 the same, the tax for such purpose shall be included in the total 
 amount assessed by the City Council or Board of Trustees, and cer- 
 
36 
 
 CITY OF BUNKER HILL. 
 
 tified to the Comity Clerk as aforesaid ; but the City Council or 
 Board of Trustees shall determine, in the ordinance making such 
 assessment, what proportion of such total amount shall be applica¬ 
 ble to the payment of such particular debt, appropriation or liability ; 
 and the city or village Treasurer shall set apart such proportion of 
 the tax collected and paid to him for the payment of such particular 
 debt, appropriation or liability, and shall not disburse the same for 
 any other purpose until such debt, appropriation or liability shall 
 have been discharged. 
 
 Sec. 5. All taxes levied or assessed by any city or village, 
 except special assessments for local improvements, shall be uniform 
 upon all taxable property and persons within the limits of the city, 
 and no property shall be exempt therefrom other than such property 
 as may be exempt from taxation under the Constitution and general 
 laws of the State. 
 
 ARTICLE IX. 
 
 SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 
 
 Section i. That the corporate authorities of cities and villages 
 are hereby vested with power to make local improvements by 
 special assessment or special taxation, or both, of contiguous 
 property, or general taxation, or otherwise, as they shall by ordi¬ 
 nance prescribe. 
 
 Sec. 2. When any such city or village shall, by ordinance, pro¬ 
 vide for the making of any local improvement, it shall, by the same 
 
 ordinance, prescribe whether the same shall be made by special 
 assessment or by special taxation of contiguous property, or general 
 taxation, or both. 
 
 Sec. 3. Should said ordinance provide for improvements which 
 require the taking or damaging of property, the proceeding for 
 making just compensation therefor shall be as follows : 
 
 Sec. 4. Whenever any such ordinance shall be passed by the 
 
 legislative authority of any such city or village, for the making of 
 
 any improvement mentioned in the first section of this act, or any 
 other local improvement that such city or village is authorized to 
 make, the making of which will require that private property be 
 taken or damaged for public use, such city or village shall file a 
 petition in some court of record of the county in which such city is 
 situated, in the name of the city, praying that u the just compensa¬ 
 tion to be made for private property to be taken or damaged for the 
 improvement or purpose specified in such ordinance shall be ascer¬ 
 tained by a jury.” 
 
37 
 
 CITY OF BUNKER HILL. 
 
 / 
 
 Sec. 5. Such petition shall contain a copy of the said ordinance, 
 certified by the Clerk, under the corporate seal; a reasonably 
 accurate description of the lots, parcels of land and property which 
 will be taken or damaged, and the names of the owners and occu¬ 
 pants thereof, so far as known to the Board or officer filing the peti¬ 
 tion ; and where any known owners are non-residents of the State, 
 stating the fact of such non-residence. 
 
 Sec. 6. Upon the filing of the petition aforesaid, a summons, 
 which may be made returnable upon any day in term time, shall be 
 issued and served upon the persons made parties defendant, as in 
 cases in chancery. And in case any of them are unknown, or 
 reside out of this State, or on due inquiry cannot be found, the clerk 
 of the court, upon an affidavit being filed showing such fact, shall 
 cause publication to be made in some newspaper printed in his 
 county, or if there be no newspaper published in his county, then 
 some newspaper published in this State, containing notice of the 
 pendency of such proceeding, the parties thereto,, the title of the 
 court, and the time and place of the return of the summons in the 
 case, and the nature of said proceeding; such publication to be 
 made for four weeks consecutively, at least once in each week, the 
 fii'stof which shall be at least thirty days before the return day of such 
 summons. Notices so given by publication shall be sufficient to 
 authorize the court to hear and determine the suit, as though all 
 parties had been sued by their proper names and had been person¬ 
 ally served. 
 
 Sec. 7. Upon the return of said summons, or as soon thereafter 
 as the business of the court will permit, the said court shall proceed 
 to the hearing of such petition, and shall impannel a jury to ascer¬ 
 tain the just compensation to be paid to all of such owners and occu¬ 
 pants aforesaid. 
 
 Se^c. 8 . Such jury shall also ascertain the just compensation to 
 be paid to any person claiming an interest in any lot, parcel of land , 
 or property which may be taken or damaged by such improvement, 
 whether or not such person’s name, or such lot, parcel of land, or 
 other property, is mentioned or described in such petition : Provided , 
 such person shall first be admitted as a party defendant to said suit 
 by such court, and shall file a statement of his interest in and de¬ 
 scription of the lot, parcel of land, or other property in respect to 
 which he claims compensation. 
 
 Sec. 9. The court may, upon the motion of such city or village, 
 or of any person claiming any such compensation, direct that said 
 jury (under the charge of an officer of the court) shall view the prem- 
 
38 
 
 CITY OF BUNKER HILL* 
 
 ises which it is claimed by any party to said proceeding will be 
 taken or damaged by said improvement. 
 
 Sec. io. Upon the return of such verdict, the court shall order 
 the same to be recorded, and shall enter such judgment or decree 
 thereon as the nature of the case may require. The court shall con¬ 
 tinue or adjourn the cause, from time to time, as to all occupants and 
 owners named in such petition who shall not have been served with 
 process, or brought in by publication, and shall order a new sum¬ 
 mons to issue and new publication to be made ; and upon such oc¬ 
 cupants or owners being brought into court, shall impannel a jury 
 to ascertain the compensation so to be paid to such defendant or de¬ 
 fendants, for private property taken or damaged ; and like proceed¬ 
 ing shall be had for such purpose as hereinbefore provided for the 
 ascertaining of compensation to other owners. 
 
 Sec. ii. The court shall have power, at any time, upon proof 
 that any such owner or owners named in such petition, who has not 
 been served with such process, has ceased to be such owner or own¬ 
 ers since the filing of such petition, to impannel a jury and ascertain 
 the just compensation to be made for the property (or the damage 
 thereto) which had been owned by the person or persons so ceasing 
 to own the same ; and the court may, upon any finding or findings 
 of any jury or juries, or at any time during the course of such pro¬ 
 ceedings, enter such order, rule, judgment or decree as the nature of 
 the case may require. 
 
 Sec. 12. No delay in making an assessment of compensation 
 shall be occasioned by any doubt or contest which may arise as to 
 the ownership of the property, or any part thereof, or as to the in¬ 
 terests of the respective owners or claimants, but in such case the 
 court may impannel a jury and ascertain the entire compensation or 
 damage that should be paid for the property, or part of property, and 
 the entire interests of all parties therein, and may require adverse 
 claimants to interplead so as to fully determine their rights and in¬ 
 terests in the compensation so ascertained. And the court may 
 make such order as may be necessary in regard to the deposit or 
 payment of such compensation. 
 
 Sec. 13. When it shall appear, from said petition or otherwise, 
 at any time during the proceedings upon such petition, that any in¬ 
 fant, or insane or distracted person, is interested in any property that 
 is to be taken or damaged, the court shall appoint a guardian, ad 
 litem , for such infant or insane or distracted person, to appear and 
 defend for him, her or them ; and the court shall make such order or 
 decree as it shall deem proper to protect and secure the interest of 
 
CITY OF BUNKER HILL. 39 
 
 such infant, or insane or distracted person, in such property, or the 
 compensation which shall be awarded therefor. 
 
 Sec. 14. Any final judgment or judgments rendered by said 
 court, upon any finding or findings of any jury or juries, shall be a 
 lawful and sufficient condemnation of the land or property to be ta¬ 
 ken upon the payment of the amount of such finding as hereinafter 
 provided. It shall be final and conclusive as to the damages caused 
 by such improvement, unless such judgment or judgments shall be 
 appealed from ; but no appeal or writ of error upon the same shall 
 delay proceedings under said ordinance, if such city or village shall 
 deposit, as directed by the court, the amount of the judgment and 
 costs, and shall file a bond in the court in which such judgment was 
 rendered, in a sum to be fixed and with security to be approved by 
 the judge of said court, which shall secure the payment of any future 
 compensation which may at any time be finally awarded to such 
 party so appealing or suing out such writ of error, and his or her 
 costs. 
 
 Sec. 15. The court, upon proof that said just compensation so 
 found by the jury has been paid to the person entitled thereto, or has 
 been deposited as directed by the court (and bond given, in case of 
 any appeal or writ of error), shall enter an order that the city or vil¬ 
 lage shall have the right, at any time thereafter, to take possession 
 of or damage the property, in respect to which such compensation 
 shall have been so paid or deposited, as aforesaid. 
 
 Sec. 16. When the ordinance under which said improvement is 
 ordered to be made shall provide that such improvement shall be 
 made by general taxation, the cost of such improvement shall be 
 added to the general appropriation bill of such city or village, and 
 shall be levied and collected with and as a part of the general taxes 
 of such city or village. 
 
 Sec. 17. When said ordinance under which said local improve¬ 
 ment shall be ordered shall provide that such improvement shall be 
 made by special taxation of contiguous property, the same shall be 
 levied, assessed and collected in the way provided in the sections 
 of this act providing for the mode of making, levying, assessing and 
 collecting special assessments. 
 
 SPECIAL ASSESSMENT. 
 
 Sec. 18. When the ordinance under which said local improve¬ 
 ment is ordered to be made shall provide that such improvement 
 shall be wholly or in part made by special assessment, the proceed- 
 
40 
 
 CITY OF BUNKER HILL. 
 
 ings for the making such special assessment shall be in accordance 
 with the sections of this act from eighteen to fifty-one, inclusive. 
 
 Sec. 19. Whenever such local improvements are to be made 
 wholly or in part by special assessment, the said council in cities, or 
 board of trustees in villages, shall pass an ordinance to that effect, 
 specifying therein the nature, character, locality and description of 
 such improvement: Provided, that whenever any such ordinance shall 
 provide only for the building or renewing of any sidewalk, the own¬ 
 er of any lot or piece of land fronting on such sidewalk shall be 
 allowed fifteen days after the time at which such ordinance shall take 
 effect in which to build or renew such sidewalk opposite his land, 
 and thereby relieve the same from assessment: Provided , that the 
 work so to be done shall in all respects conform to the requirements 
 of such ordinance. 
 
 Sec. 20. The City Council or Board or Trustees shall appoint 
 three of its members, or any other three competent persons, who shall 
 make an estimate of the cost of the improvement contemplated by 
 such ordinance, including labor, materials, and all other expenses at¬ 
 tending the same, and the cost of making and levying the assessment, 
 and shall report the same in writing to said Council or Board of 
 Trustees. 
 
 Sec. 21. On such report being made, and approved by the Coun¬ 
 cil or Board of Trustees, as the case may be, it may order a petition 
 to be filed by such officer as it shall direct, in the County Court of its 
 county, for proceedings to assess the cost of such improvement in the 
 manner provided in this act. 
 
 Sec. 22. The petition shall be in the name of the corporation, 
 and shall recite the ordinance for the proposed improvement, and 
 the report of such commission, and shall pray that the cost of such 
 improvement may be assessed in the manner prescribed by law. 
 
 Sec. 23. Upon the filing of such petition the Court shall appoint 
 three competent persons as Commissioners, who shall take and sub¬ 
 scribe an oath, in substance as follows, to-wit: 
 
 State of Illinois, ) oc 
 . County . > s& * 
 
 We, the undersigned, commissioners, appointed by the county court of. 
 
 county, to assess the cost of.(here state in general terms the improvement,) do 
 
 solemnly swear (or affirm, as the case may be,) that we will a true and impartial as¬ 
 sessment make of the cost of said improvement upon the city (or village) of., 
 
 and the property benefited by such improvement, to the best of our abililv, and ac¬ 
 cording to law. 
 
 Sec. 24. It shall be the duty of such Commissioners to examine 
 the locality where the improvement is proposed to be made, and the 
 
CITY OF BUNKER HILL. 
 
 41 
 
 lots, blocks, tracts and parcels of lands that will be specially benefit¬ 
 ed thereby, and to estimate what proportion of the total cost of such 
 improvement will be of benefit to the public, and what proportion 
 thereof will be of benefit to the property to be benefited ; and appor¬ 
 tion the same between the city or village, and such property, so that 
 each shall bear its relative equitable proportion ; and having found 
 said amounts, to apportion and assess the amount so found to be of 
 benefit to the property, upon the several lots, blocks, tracts and par¬ 
 cels of land in the proportion in which they will be severally bene¬ 
 fited by such improvement: Provided , that no lot, block, tract or 
 parcel of land shall be assessed a greater amount than it will be ac¬ 
 tually benefited. 
 
 Sec. 25. They shall also make or cause to be made a map show¬ 
 ing the lots, blocks, tracts and parcels of land which they shall find 
 will be benefited by the proposed improvement, and shall mark upon . 
 each lot, block, tract or parcel of land shown by such map the 
 amount they shall find to be its proportion of the cost of such im¬ 
 provement. 
 
 Sec. 26. They shall also make or cause to be made an assess¬ 
 ment roll, in which shall appear the names of the owners, so far as 
 known, a description of each lot, block, tract or parcel of land, and 
 the amount assessed as special benefits thereto ; and in which they 
 shall set down as against the city or village the amount they shall 
 have found as public benefit, and certify such assessment roll, with 
 said map, to the court by which they were appointed, at least ten 
 days before the first day of the term at which a final hearing thereon 
 shall be had. 
 
 Sec. 27. It shall also be the duty of such commissioners to give 
 notice of such assessment, and of the term of court at which a final 
 hearing thereon will be had, in the following manner : 
 
 First —They shall send by mail to each owner of premises assess¬ 
 ed, whose name and place of residence is known to them, or, upon 
 diligent inquiry, can be ascertained, a notice substantially in the fol¬ 
 lowing form : 
 
 Mi. 
 
 Year (here give a short description of the premises), is assessed $. 
 
 for public improvement. The assessment roll will be returned to the 
 
 term of the County Court of.county. 
 
 (Here give date.) 
 
 Commissioners. 
 
 Second —They shall cause at least ten days’ notice to be given by 
 
42 
 
 CITY OF BUNKER HILL. 
 
 posting notices in (at least) four public places in such city or vil¬ 
 lage, two of which shall be in the neighborhood of such proposed 
 improvement, and when a daily newspaper is published in the 
 county of such city or village, by publishing the same at least five 
 successive days in a daily newspaper published in such county ; or 
 if no daily newspaper is published in such county, and a weekly 
 newspaper is published therein, then at least once in each week for 
 two successive weeks, always preferring a newspaper published in 
 such city or village, if there is one. The notice may be substan¬ 
 tially as follows : 
 
 SPECIAL ASSESSMENT NOTICE. 
 
 Noticefis hereby given to all persons interested, that the City Council (or 
 
 Board of Trustees, as the case may be,) of.. having ordered that 
 
 (here insert the description and nature of improvements substantially as in 
 
 ordinance), have applied to the County Court of..county for an 
 
 assessment of the cost of said improvements according to benefits; and an 
 assessment thereof having been made and returned to said court, the final 
 
 hearing thereon will be had at the.term of said court, commencing 
 
 on the.day of.. A. D. 18... All persons desiring may then 
 
 and there appear and make their defense. 
 
 (Here give date.) .) 
 
 Commissioners. 
 
 Sec. 28. On or before the final hearing, the affidavit of one or 
 more of the commissioners shall be filed in said court, stating they 
 have sent or caused to be sent by mail to the owners whose premi¬ 
 ses have been assessed, and whose names and places of residence are 
 known to them, or, upon diligent inquiry, could be ascertained, the 
 notice hereinbefore required to be sent by mail to owners of premi¬ 
 ses assessed. They shall also cause to be filed the affidavit of the 
 person who shall have posted the notices required by this act to be 
 posted, setting forth when and in what manner the same were posted. 
 Such affidavits shall be received as prima facie evidence of a com¬ 
 pliance with this act in regard to giving such notices. They shall 
 also file a certificate of publication of said notices in like manner as 
 is required in other cases of publication of notices. 
 
 Sec. 29. If ten days shall not have elapsed between the first 
 publication, or the putting up of such notices, and the first day of 
 the next term of such court, the hearing shall be continued until 
 the next term of court. 
 
 Sec. 30. Any person interested in any real estate to be affected 
 by such assessment, may appear and file objections to such report, 
 and the court may make such order in regard to the time of filing 
 
CITY OF BUNKER HILL. 
 
 43 
 
 such objections as may be made in cases at law in regard to the time 
 of filing pleas. As to all lots, blocks, tracts and parcels of land, to 
 the assessment of which objections are not filed within the time 
 ordered by the court, default may be entered, and the assessment 
 confirmed by the court. 
 
 Sec. 31. On the hearing, the report of the commissioners shall 
 be competent evidence, and either party may introduce such other 
 evidence as may tend to establish the right of the matter. The 
 hearing shall be conducted as in other cases at law, and if it shall 
 appear that the premises of the objector are assessed more or less 
 than they will be benefited, or more or less than their proportionate 
 share of the cost of the improvement, the jury shall so find, and also 
 find the amount for which such premises ought to be assessed, and 
 judgment shall be rendered accordingly. 
 
 Sec. 32. The hearing in all cases arising under this act shall 
 have precedence over all other cases in such court, except criminal 
 cases. 
 
 Sec. 33. The court before which any such proceeding may be 
 pending shall have authority, at any time before final adjournment, 
 to modify, alter, change, annul or confirm any assessment returned, 
 as aforesaid, or cause any such assessment to be recast by the same 
 commissioners whenever it shall be necessary for the attainment of 
 justice, or may appoint other commissioners in the place of all or 
 any of the commissioners first appointed, for the purpose of making 
 such assessment, or modifying, altering, changing or recasting the 
 same, and may take all such proceedings and make all such orders 
 as may be necessary to make a true and just assessment of the cost 
 of such improvement, according to the principles of this act, and 
 may, from time to time, as may be necessary, continue the applica¬ 
 tion for that purpose as to the whole or any part of the premises. 
 
 Sec. 34. The judgment of the court shall have the effect of a 
 several judgment as to each tract or parcel of land assessed, and any 
 appeal from such judgment or writ of error shall not invalidate or 
 delay the judgment, except as to the property concerning which the 
 appeal or writ of error is taken. Such judgment shall be a lien 
 upon the property assessed from the date thereof until payment shall 
 be made. 
 
 Sec. 3^. The Clerk of the court in which such judgment is ren¬ 
 dered shall certify the assessment roll and judgment to the Clerk of 
 such city or village ; or if there has been an appeal or writ of error 
 taken on any part of such judgment, then he shall certify such part 
 of the judgment as is not included in such appeal or writ of error. 
 
44 
 
 CITY OF BUNKER HILL. 
 
 The Clerk of the city or village shall file such certificate in his office, 
 and issue a warrant for the collection of such assessment. 
 
 Sec. 36. The warrant, in all cases of assessment under this act, 
 shall contain a copy of such certificate of the judgment, describing 
 the lots, blocks, tracts or parcels of land assessed, and the respective 
 amounts assessed on each lot, block, tract or parcel of land, and 
 shall be delivered to the officer authorized to collect such special 
 assessments. Such warrant shall give sufficient authority to collect 
 the assessments therein specified. 
 
 Sec. 37. The Collector receiving such warrant shall immediately 
 give notice thereof by publishing such notice in one or more news¬ 
 papers in such city or village, if such newspaper is there ; and if 
 there is' no such newspaper, then by posting four copies thereof in 
 public places along the line of the proposed improvement. Such 
 notice may be substantially in the following form : 
 
 SPECIAL ASSESSMENT NOTICE. SPECIAL WARRANT NO.-. 
 
 Public notice is hereby given that the (here insert title of court) has ren¬ 
 dered judgment for a special assessment upon property benefited by the fol¬ 
 lowing improvement: (here insert the character and location of the improve¬ 
 ment in general terms) as will more fully appear from the certified copy of 
 
 the judgment on file in the office of the Clerk of the city (or village) of. 
 
 that a warrant for the collection of such assessments is in the hands of the 
 undersigned. All persons interested are hereby notified to call and pav the 
 amounts assessed, at the collector’s office (here insert location of office), 
 within thirty days from the date hereof. 
 
 Dated this.day of., A. D. 187 . 
 
 .Collector. 
 
 Sec. 38. It shall be the duty of the Collector into whose hands 
 the warrant shall so come, as far as practicable, to call upon all per¬ 
 sons resident within the corporation whose names appear on the 
 assessment roll, or the occupants of the property assessed, and per¬ 
 sonally, or by written or printed notice left at his or her usual place 
 of abode, inform them of such assessment, and request payment of 
 the same. Any such Collector omitting so to do shall be liable to a 
 penalty of ten dollars for every such omission, but the validity of 
 the special assessment, or the right to apply for and obtain judg¬ 
 ment for any such special [assessment], shall not be affected by 
 such omission. It shall be the duty of such collector to write the 
 word “ paid ” opposite each tract or lot on which the assessment is 
 paid, together with the name and post office address of the person 
 making the payment, and date of payment. 
 
 Sec. 39. It shall be the duty of the Collector of Special 
 Assessments, within such time as the City Council or Board of 
 
CITY OF BUNKER HILL. 
 
 45 
 
 Trustees may by ordinance provide, to make a report in writing— 
 to the general officer of the county authorized, or to be designated 
 by the general revenue law of this State, to apply lor judgment and 
 sell lands for taxes due the county and State—of all the lands, town 
 lots and real property on which he shall have been unable to 
 collect special assessments with the amount of special assess¬ 
 ments due and unpaid thereon, together with his warrant or 
 with a brief description of the nature of the warrant or warrants 
 received by ffiim authorizing the collection thereof; which 
 report shall be accompanied with the oath of the Collector that the 
 list is a correct return and report of the lands, town lots and real 
 property on which the special assessments levied by authority of the 
 
 city of. (or village of.., as the case may be,) remain due and 
 
 unpaid ; that he is unable to collect the same or any part thereof, 
 and that he has given the notice required by law that said warrants 
 had been received by him for collection. Said report, when so 
 made, shall be prima facie evidence that all the forms and require¬ 
 ments of the law in relation to making said return have been com¬ 
 plied with, and that the special assessments mentioned in said report 
 are due and unpaid. And, upon the application for judgment upon 
 such assessment, no defense or objection shall be made or heard 
 which might have been interposed in the proceeding for the making 
 of such assessment, or the application for the confirmation thereof. 
 
 Sec. 40. When said general officer shall receive the report pro¬ 
 vided for in the preceding section, he shall at once proceed to obtain 
 judgment against said lots, parcels of lands and property for said 
 special assessments remaining due and unpaid, in the same manner 
 as is or may be by law provided for obtaining judgment against 
 lands for taxes due and unpaid the county and State ; and shall in 
 the same manner proceed to sell the same for the said special assess¬ 
 ments remaining due and unpaid. In obtaining said judgment and 
 making said sale, the said officer shall be governed by the general 
 revenue laws of this State, except when otherwise provided herein. 
 
 Sec. 41. After making said sales, the list of lots, parcels of land 
 and property sold thereat shall be returned to the office of the County 
 Clerk, and redemption may be made as provided for by the general 
 revenue law of the State. 
 
 Sec. 42. If the Collector shall receive any monies for taxes or 
 assessments, giving a receipt therefor for any land or parcel of land, 
 and afterwards return the same as unpaid to the State officers 
 authorized to sell lands for taxes, or shall receive the same after 
 
 making such return, and the same be sold for tax or assessment 
 
 6 
 
46 
 
 CITY OF BUNKER IIILL. 
 
 which has been so paid and receipted for by himself or his clerks, 
 he and his bond shall be liable to the holder of the certificate given 
 to the purchasers at the sale, for double the amount of the face of 
 the certificate, to be demanded in two years from the date of the sale, 
 and recovery in any court having jurisdiction of the amount; and 
 the city or village shall, in no case, be liable to the holder of such 
 certificate. 
 
 Sec. 43. The Collector or Collectors, and the general officer 
 aforesaid, to whom the said warrant shall be returned, shall pay 
 over to the city or village Treasurer to which it shall belong all 
 moneys collected by them, respectively, upon or by virtue of such 
 warrant, or upon any sale for taxes or otherwise, at such time or 
 times, and in such manner as shall be prescribed by ordinance, and 
 shall be allowed such compensation for their services in the collec¬ 
 tion of such assessment as the ordinances of the city or village may 
 provide, except when such compensation is fixed by general law. 
 
 Sec. 44. The general revenue laws of this State, in reference to 
 proceedings to recover judgments for delinquent taxes, the sale of 
 property thereon, the execution of certificates of sale and deeds 
 thereon, the force and effect of such sales and deeds, and all other 
 laws in relation to the enforcement and collection of taxes and 
 redemption from tax sales, except as herein otherwise provided, 
 shall be applicable to proceedings to collect such special assessment. 
 
 Sec. 45. Any city or village interested in the collection of any 
 tax or special assessment, may become a purchaser at any sale of 
 real or personal property to enforce the collection of the same, and 
 may, by ordinance, authorize and make it the duty of one or more 
 city or village officers to attend such sales, and bid thereat in behalf 
 of the corporation. 
 
 Sec. 46. If any assessment shall be annulled by the City Coun¬ 
 cil or Board of Trustees, or set aside by any court, a new assess¬ 
 ment may be made and returned, and like notice given and proceed¬ 
 ings had, as herein required in relation to the first; and all parties 
 in interest shall have the like rights, and the City Council or Board 
 of Trustees and court shall perform like duties and have like power 
 in relation to any subsequent assessment, as are hereby given in 
 relation to the first assessment. 
 
 Sec. 47. If, in any case, the first assessment prove insufficient, a 
 second may be made in the same manner, as nearly as may be, and 
 so on, until sufficient moneys shall have been realized to pay for 
 such public improvement. If too large a sum shall, at any time, be 
 
CITY OF BUNKER HILL. 
 
 47 
 
 raised, the excess shall be refunded ratably to those by whom it was 
 paid. 
 
 Sec. 48. If, from any cause, any city or village shall fail to col¬ 
 lect the whole or any portion of any special assessment which may be 
 levied, which shall not be canceled and set aside by the order of 
 any court, for any public improvement authorized to be made and 
 paid for by special assessment, the City Council or Board of Trus¬ 
 tees may, at any time within five years after the confirmation of the 
 original assessment, direct a new assessment to be made upon the 
 delinquent property for the amount of such deficiency, and interest 
 thereon from the date of such original assessment—which assess¬ 
 ment shall be made, as near as may be, in the same manner as is 
 herein prescribed for the first assessment. In all cases where par¬ 
 tial payment shall have been made on such former assessment, they 
 shall be credited or allowed on the new assessment to the property 
 for which they were made, so that the assessment shall be equal and 
 impartial in its results. If such new assessment prove ineffectual, 
 either in whole or in part, the City Council or Board of Trustees 
 may, at any time within said period of five years, order a third, and 
 so on, to be levied in the same manner and for the same purpose ; 
 and it shall constitute no legal objection to such assessment that the 
 property may have changed hands, or been encumbered, subsequent 
 to the date of the original assessment, it being the true intent and 
 meaning of this section to make the cost and expense of all public 
 improvements, to be paid for by a special assessment, a charge upon 
 the property assessed therefor, for the full period of five years, from 
 the confirmation of the original assessment, and for such longer 
 period as may be required to collect, in due course of law, any new 
 assessment ordered within that period. 
 
 Sec. 49. All persons taking any contracts with the city or vil¬ 
 lage, and who agree to be paid from special assessments, shall have 
 no claim or lien upon the city or village in any event, except from 
 the collection of the special assessments made for the work con¬ 
 tracted for. 
 
 Skc. 50. All contracts for the making of any public improve¬ 
 ment, to be paid for in whole or in part by a special assessment, 
 and any work or other public improvement, when the expense 
 thereof shall exceed five hundred dollars, shall be let to the lowest 
 responsible bidder, in the manner to be prescribed by ordinance— 
 such contracts to be approved by the Mayor or President of the 
 Board of Trustees : Provided , however , any such contract may be 
 entered into by the proper officer, without advertising for bids, and 
 
48 
 
 CITY OF BUNKER HILL. 
 
 without such approval, by a vote of two-thirds of all the Aldermen 
 or Trustees elected. 
 
 Sec. 51. All special assessments levied by any city or village 
 under this act, shall, from the date of assessment, be a lien upon the 
 real estate upon which the same may be imposed, and such lien 
 shall continue until such special assessments are paid. And the 
 same proceedings may be resorted to by the Collector, upon any 
 warrant or order issued or made for the collection of special assess^ 
 ments. as in the case of the collection of State and county taxes 
 under the general laws of the State. 
 
 Sec. 52. At any time after the same becomes due, it shall and 
 may be lawful for any Collector thereof to commence suit in any 
 court of record, in the corporate name of such city or village, 
 against any person or persons, for the total amount of special assess¬ 
 ments which such person or persons are liable for the payment of. 
 Such suit shall be commenced by petition, and shall state the sev¬ 
 eral amounts of the special assessments sought to be recovered, and 
 give a general description of the warrant or warrants issued for the 
 collection thereof. Upon the filing of the petition a summons shall 
 be issued, served and returned as in other suits in such court. Upon 
 the return of such summons, duly served, the court shall forthwith 
 proceed to the hearing of said petition without formal pleadings, 
 and may render judgment for all or any part of the special assess¬ 
 ments, as the right and justice of the case may require. The origi¬ 
 nal, or a certified copy (by the Clerk, under the corporate seal,) of 
 such warrant or warrants and list or lists, or so much thereof as 
 refers to the special assessments sought to be recovered, shall be 
 prima facia evidence of the right of said Collector to a judgment in 
 favor of such corporation. Execution shall issue on such judgment 
 as in other cases, but such execution may be first levied upon and 
 collected from any personal property of the defendant; or the court, 
 in which such proceedings were had, may, upon complaint of the 
 city or village, issue a scire facias against the person or persons lia¬ 
 ble for such payment, to show cause why execution should not issue 
 against him or them for the amount of such assessment; and if, 
 upon the return of such scire facias , good cause is not shown why 
 execution should not issue, the court may award execution against 
 such person or persons in the usual form of execution upon judg¬ 
 ments at law. 
 
 Sec. 53. Whenever any citv or village shall apply to any court 
 for the purpose of making just compensation for property taken or 
 damaged by such proceedings as are authorized by this act, such 
 
CITY OF BUNKER HILL. 
 
 49 
 
 city or village may file in the same proceeding a supplemental peti¬ 
 tion, praying the court to cause that an assessment be made for the 
 purpose of raising the amount necessary to pay the compensation 
 and damages which may be awarded for the property taken or dam¬ 
 aged, with the costs of the proceeding, and when it may be desira¬ 
 ble so to do, also including the cost of making the improvement for 
 which the property is taken or damaged. When such supplemental 
 petition is filed, like proceedings shall be had, and the assessment 
 made, collected and enforced in the same manner, as near as may 
 be, as is provided in this article in other cases. 
 
 Sec. 54. Any city or incorporated town or village may, if it shall 
 so determine by ordinance, adopt the provisions of this article without 
 adopting the whole of this act; and where it shall have so adopted 
 this article, it shall have the right to take all proceedings in this arti¬ 
 cle provided for, and have the benefit of all the provisions hereof. 
 
 ARTICLE X. 
 
 (MISCELLANEOUS PROVISIONS)—WATER. 
 
 % 
 
 Section i. The City Council or Board of Trustees shall have 
 power to provide for a supply of water by the boring and sinking of 
 artesian wells, or by the construction and regulation of wells, pumps, 
 cisterns, reservoirs or water works, and to borrow money therefor, 
 and to authorize any person or private corporation to construct and 
 maintain the same at such rates as may be fixed by ordinance, and 
 for a period not exceeding thirty years ; also to prevent the unnec¬ 
 essary waste of water ; to prevent the pollution of the water, and 
 injuries to such wells, pumps, cisterns, reservoirs or water works. 
 
 Sec. 2. For the purpose of establishing or suppying water 
 works, any city or village may go beyond its territorial limits, and 
 may take, hold and acquire property by purchase or otherwise ; 
 shall have the power to take and condemn all necessary lands or 
 property therefor, in the manner provided for the taking or injuring 
 private property for public uses ; and the jurisdiction of the city or 
 village to prevent or punish any pollution or injury to the stream or 
 source of water, or to such water works, shall extend five miles be¬ 
 yond its corporate limits, or so far as such waterworks may extend. 
 
 Sec. 3. The City Council or Board of Trustees shall have 
 
 power to make all needful rules and regulations concerning 
 
 the use of water supplied by the water works of said city 
 or village, and to do all acts and make such rules and 
 
 regulations for the construction, completion, management or 
 
 control of the water works, and for the levying and collect- 
 
50 
 
 CITY OF BUNKER HILL. 
 
 ing of any water taxes, rates or assessments, as the said City 
 Council or Board of Trustees may deem necessary and expedient; 
 and such water taxes, rents, rates or assessments may be levied or 
 assessed upon any lot or parcel of ground, having a building or 
 buildings thereon, which shall abut or adjoin any street, avenue or 
 alley in such city or village through which the distributing pipes of 
 such water works (if any) of said city or village are or may be laid, 
 which can be conveniently supplied with water from said pipes : 
 
 ' Provided , the water shall be used on such lot or parcel of ground 
 or not; and the same, when so levied or assessed, shall become a 
 continuing lien or charge upon such lot or parcel of ground, build¬ 
 ing or buildings situated thereon, and such lien or charge may be 
 collected or enforced in such manner as the City Council may, by 
 ordinance, prescribe. And the corporate authorities may levy a 
 general tax for the construction and maintenance of such water 
 works, and appropriate money therefor. 
 
 Skc. 4. A suit may be brought by any tax payer, in the name 
 and for the benefit of the^city or village, against any person or cor¬ 
 poration, to recover any money or property belonging to the city or 
 village, or for any money which may have been paid, expended 
 or released without authority of law : Provided , that such tax payer 
 shall file a bond for all costs, and be liable for all costs in case the 
 city or village be cast in the suit, and judgment shall be rendered 
 accordingly. 
 
 Sec. 5. The City Council or Board of Trustees shall have 
 power to provide, by ordinance, that any map, plat, or subdivision 
 of any block, lot, sub-lot, or part thereof, or of any piece or parcel 
 of land, shall be submitted to the City Council or Board of 
 Trustees, or to some officer to be designated by such Council or 
 Board of Trustees, for their or his approval ; and in such cases no 
 such map, plat or subdivision shall be entitled to record in the proper 
 county, or have any validity until it shall have been so approved. 
 
 Sec. 6. No person shall be an incompetent judge, justice or 
 juror, by reason of his being an inhabitant or freeholder in said city 
 or village, in any action or proceeding in which said city or village 
 may be a party in interest. 
 
 Sec. 7* Whenever in this act any provision thereof is based 
 upon the number of inhabitants, [the number of inhabitants] of the 
 city or village shall be determined by reference to the latest census 
 taken by authority of the United States or this State, or of such city 
 or village ; and it shall be the duty of the Secretary of State, upon 
 the publication of any State or United States census, to certify to 
 
CITY OF BUNKER HILL. 
 
 51 
 
 each city or village the number of inhabitants, as shown by such 
 census. Any city or village may, by ordinance, provide for the 
 taking of a census of the population thereof, in order to determine 
 the number of such population for any and all purposes of this act. 
 And the several courts in this State shall take judicial notice of the 
 population of any city or village, as the same may appear from the 
 latest federal, State, city or village census so taken. 
 
 Sec. 8 The term u municipal year” shall be construed to mean 
 the period elapsing between the regular annual elections, unless 
 otherwise provided by ordinance. 
 
 Sec. 9. When in any suit the city or village prays an appeal 
 from the judgment of any court of this State to a higher court, it 
 shall not be required to furnish an appeal bond. 
 
 Approved April 10 , 1872 . 
 
 \ 
 
 U. Of (ILL. 
 
.A^UNT ORDINANCE 
 
 IN RELATION TO THE PUBLICATION OF THE ORDINANCES OF THE 
 
 CITY OF BUNKER HILL, ILLINOIS. 
 
 Be it ordained by the City Council of the City of Bunker Hill: That 
 the following ordinances, entitled as follows, viz—Relating to Boun¬ 
 daries ; Elections ; Officers ; Road Labor ; Fire Limits ; Nuisances ; 
 Shows, Peddlers and Auctioneers ; Groceries and Billiard Rooms ; 
 Misdemeanors ; Dogs ; Police Department; Health Department; 
 Horses, Cows, Swine and other animals ; Grade of Street; Fees 
 and Salaries ; Suits and Process ; Meetings and Ordinances—shall 
 constitute the ordinances of the City of Bunker Hill, and shall be 
 published in book or pamphlet form, with the certificate of the City 
 Clerk under the corporate seal of the city. When so published the 
 City Clerk shall post five copies of the same in five public places in 
 the city. Ten days after so posted these ordinances shall be in full 
 force and effect. 
 
 Passed May 12, 1873. Apfroved. 
 
 J. F. CUMMINGS, Mayor. 
 
ORDINANCES. 
 
 AN ORDINANCE IN RELATION TO BOUNDARIES. 
 
 Section i . Be it ordained by the City Council of the City of Bun¬ 
 ker Hill: That the boundaries of said City of Bunker Hill shall be 
 defined as follows, to-wit: Beginning at the southwest corner of 
 section fourteen (14), in township No. seven (7), north, range No. 
 eight (8), west of the third principal meridian, and running one- 
 half mile north, to the northwest corner of the southwest quarter of 
 said section fourteen (14) ; thence east one mile on half section line 
 to the northeast corner of southeast quarter of said section fourteen 
 (14) ; thence south one mile on said section line to the southeast cor¬ 
 ner of the northeast quarter of section twenty-three (23) ; thence 
 west one mile on half section line to the southwest corner of north¬ 
 west quarter of said section twenty-three (23) ; thence north one-half 
 mile to the northwest corner of northwest quarter of said section 
 twenty-three (23), in said township, the place of beginning. 
 
 Passed May 12, 1873. Approved. 
 
 J. F. CUMMINGS, Mayor. 
 
 AN ORDINANCE RELATING TO ELECTIONS. 
 
 Section i . Be it ordained by the City Council of the City of Bun¬ 
 ker Hill: That all elections shall be held at the City Hall. The polls 
 shall open at one o’clock and close at seven o’clock p. m. The 
 Aldermen shall be elected by cumulative vote. 
 
 Sec. 2. At the general election held in eighteen hundred and 
 seventy-three, and quadrienially thereafter, a Police Magistrate shall 
 be elected. 
 
 Passed May 12, 1873. Approved. 
 
 J. F. CUMMINGS, Mayor. 
 
 AN ORDINANCE RELATING TO OFFICERS. 
 
 Section i . Be it ordained by the City Council of the City of Bun¬ 
 ker Hill: That the officers of the city shall give bonds for the faith¬ 
 ful performance of their duties in the following sums, viz : Mayor, 
 
54. 
 
 CITY OF BUNKER HILL. 
 
 three thousand dollars ; Clerk, fifteen hundred dollars ; Attorney, 
 five hundred dollars ; Treasurer, three thousand dollars ; City Mar¬ 
 shal, one thousand dollars ; Superintendent of Streets, five hundred 
 dollars. 
 
 Sec. 2. The City Attorney shall appear for the city in all suits 
 in which it may be interested, and shall advise all officers of the city 
 in relation to their duties, when requested so to do ; shall draft all 
 ordinances, bonds, contracts, leases, conveyances, and such other 
 instruments of writing as may be required by the business of the 
 city ; and for a failure to attend to any suit after being notified of the 
 time and place of trial by the Mayor or any officer of the city, he 
 shall forfeit and pay the sum of five dollars for each offense. 
 
 Sec. 3. The Police Magistrate, before whom any suits may be 
 brought in the name of the city, for the recovery of any fines, or 
 penalties, shall, quarterly, on the first Monday in July, October, Jan¬ 
 uary and April in each year, report to the City Council a list of all 
 suits brought in the name of the city, since his last report, with the 
 disposition made of each case, the amount of the fine imposed, if 
 any, the name of the officer charged with the collection of the same, 
 by whom, and the amount collected ; also, the amount collected since 
 his last report upon any judgment, for any fine rendered prior to 
 such report; and he shall pay all moneys collected by him on 
 account of the city, into the city treasury as fast as collected. 
 
 Sec. 4. The City Marshal shall enforce a due observance of the 
 ordinances of said city, and shall arrest, either with or without 
 special warrant, any person or persons who may be found engaged 
 in fighting, rioting, or violating any ordinance of said city ; and 
 bring such person or persons before the Police Magistrate, or other 
 officer authorized to hear and determine such case, to be dealt with 
 according to law. If necessary he may detain such person or per¬ 
 sons in custody or in the calaboose over night or Sunday, or until 
 they can be brought before the proper magistrate. He shall, at least 
 once in each month, pay over to the Treasurer all money which he 
 may then have in his hands belonging to said city. He shall also 
 perform such other duties as may be required of him by the by-laws 
 or ordinances of said city, or the laws of this State. 
 
 Sec. 5. The Superintendent of Streets shall superintend the 
 opening and keeping in repair of all the streets, alleys and roads 
 within the limits of said city. For this purpose it shall be his duty 
 to notify all persons in said city, liable to perform road labor, to 
 labor the number of days required by ordinance on said streets, 
 alleys and roads, at least two days before such labor is required to be 
 
CITY OF BUNKER HILL. 
 
 55 
 
 done. He shall call out not less than ten persons to labor at the 
 same time, and shall require them to labor with reasonable diligence 
 for at least eight hours on each day prescribed by ordinance, and 
 shall report the name and amount of labor due from each person 
 who shall fail or refuse to perform the same, to the City Council, at 
 the first meeting thereof after such failure or refusal. He shall, 
 also, immediately after seeing or being informed of any nuisance 
 being in said city, or obstruction in any of the streets, alleys or roads 
 therein, contrary to the ordinances thereof, notify the person or per¬ 
 sons causing or owning the said nuisance or obstruction to remove 
 the same ; and if such person or persons shall fail or refuse to do so 
 within the time prescribed by ordinance, he shall employ some other 
 person to remove the same as soon as possible, and shall report the 
 name or names of the person or persons causing the same, to the 
 City Council at the first meeting thereof after the removal of such 
 nuisance or obstruction. He shall also make a report each month 
 to the City Council of all money received by him in lieu of road 
 labor, and pay the same to the Treasurer. 
 
 Passed May 12 , 1873. Approved. 
 
 J. F. CUMMINGS, Mayor. 
 
 AN ORDINANCE IN RELATION TO ROAD LABOR. 
 
 Section i. Be ii ordained by the City Council of the City of Bunker 
 Hill: That, for the purpose of keeping the streets, alleys and roads 
 in the City of Bunker Hill in good repair, every able bodied male 
 inhabitant of said city, between the ages of twenty-one and fifty years, 
 shall be required to perform road labor on said streets, alleys and 
 roads, under the direction of the Street Superintendent, for the num¬ 
 ber of days in each year which the City Council shall direct, not 
 exceeding three days in any one year, or to pay the sum of one dol¬ 
 lar for each day such person may fail to labor, which sum may be 
 paid to the Street Superintendent, and his receipt therefor shall be a 
 full discharge of such liability for that year. All persons liable to 
 perform such labor, shall attend at the time and place at which they 
 shall be notified by the Street Superintendent to do so, either by 
 themselves or their substitutes, with such tools as may be necessary ; 
 and shall labor with reasonable diligence for at least eight hours in 
 each day they are required to labor, and shall, in the performance 
 of such labor, obey the reasonable directions of the Street Superin¬ 
 tendent. For a failure to perform such labor, after having been duly 
 
56 
 
 CITY OF BUNKER HILL. 
 
 notified by the Street Superintendent to do so, each person so failing 
 shall forfeit and pay the sum of one dollar for each day’s failure. 
 For a refusal to obey the reasonable orders of the Street Superin¬ 
 tendent, each person so refusing shall forfeit and pay the sum of five 
 dollars ; both said penalties to be recovered, together with costs of 
 suit, as other forfeitures under the ordinances of said city. Provi¬ 
 ded, That no person who can satisfy the Street Superintendent by 
 the certificate or receipt of any Supervisor of Roads, or by other 
 evidence, that he has discharged his road labor in any other town 
 or county in this State, or in another State for the year he has been 
 notified to labor in this city, shall be required to perform such labor : 
 And provided, also. That the members of the City Council shall be 
 exempt from road labor. 
 
 Sec., 2. That, to facilitate the travel to and from the city, the 
 City Council may, with the consent of the Commissioners of High¬ 
 ways of the township, keep the roads leading to the city in repair 
 for the distance of one half mile from the city limits, said City 
 Council to have full control of said roads. 
 
 Passed May 12, i8yj. Approved. 
 
 J. F. CUMMINGS, Mayor. 
 
 AN ORDINANCE RELATING TO FIRE LIMITS. 
 
 Section i. Be it ordained by the City Council of the City of Bunker 
 Hill: That all that part of the City of Bunker Hill embraced with¬ 
 in the following lots, viz : Lots Nos. 103, 104, 105, 106, 107, 108, 
 
 109, no, in, 112, 113, 114, 123, 124, 125, 126, 127, 128, 129, 130, 
 
 I 3 I > i 3 2 » ' 33 > r 34 > > 5 ^ * 5 2 > i 53 > * 54 * r 55 > i 5 6 > i 57 > r S 8 > J 59 > l6o > 
 
 161, 162, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 
 
 with such other parts of said city as may hereafter, from time to 
 time, be added thereto, by ordinance, shall constitute and be known 
 as the fire limit. 
 
 Sec. 2. No building or part of a building shall be erected with¬ 
 in the fire limits without permission of the City Council, unless all 
 the outside walls shall be built of stone, brick or other fire proof 
 materials, and all wooden lintels or plate pieces used in construction 
 of same, shall recede from the outside of the wall at least four inch¬ 
 es, or when they shall not so recede, shall be of stone, iron, or cov¬ 
 ered with fire proof material. 
 
 Sec. 3. Buildings built of wood, and used exclusively for private 
 dwelling houses, may be repaired, but shall not be raised or en- 
 
CITY OF BUNKER HILL. 
 
 57 
 
 larged, nor shall any such wooden buildings or part of wooden 
 buildings, within the fire limit, be removed to any other place 
 within the same, nor shall any such building or part of building be 
 removed into from without the same, nor shall any wooden building 
 within the fire limit, which may become damaged to the amount of 
 fifty per cent, of the value thereof, by fire or other casualty, be 
 repaired or rebuilt; nor shall any such buildings, when the damage 
 thereto is less than fifty per cent, of its value, be so repaired as to be 
 raised higher than the highest point left standing after such damage 
 shall have occurred, or to occupy a greater space than before the 
 injury thereto : Provided , such improvements may be made by the 
 permission of the City Council. 
 
 Sec. 4. The extent of damage that may be done to any such build¬ 
 ing by fire, or other casualty, may be determined by three disinterested 
 citizens of the city ; one of whom shall be selected by the owner of 
 the building, or his agent, the second by the Mayor, and the two 
 chosen shall select a third, and their decision shall be final and con¬ 
 clusive. 
 
 Sec. 5. Any building which may be in process of erection, rais¬ 
 ing, enlargement, removal, or repair, contrary to any provision 
 hereof, shall be deemed and is hereby declared a nuisance, and the 
 Mayor shall, upon information of such violation, give due and rea¬ 
 sonable notice to the owner or builder of such building, to abate, 
 remedy or remove the same, or such part thereof as may be neces¬ 
 sary, and upon his failure to comply with said notice, the Mayor 
 shall, by an order in writing, require the City Marshal to remove 
 such building, or such part thereof as may be necessary, and report 
 the costs of such removal, upon oath, to the City Council for allow¬ 
 ance, and such costs may be collected of the owner or builder of 
 such building, liable therefor by suit in the name of the city, before 
 any Court having jurisdiction. 
 
 Sec. 6. The placing of any stack, rick or pile of hay, straw, 
 shavings or other material of an inflammable nature within the fire 
 limits, unless the same is within some enclosed building, is hereby de¬ 
 clared a nuisance. Any person placing any of the above materials 
 within the fire limits, except the same is within some enclosed build¬ 
 ing, shall remove the same within twenty-four hours (after being noti¬ 
 fied by the Mayor or other officer) under a penalty of not less than 
 twenty -dollars. 
 
 Passed May 12 , 1873. Approved. 
 
 J. F. CUMMINGS, Mayor. 
 
58 
 
 CITY OF BUNKER HILL. 
 
 AN ORDINANCE IN RELATION TO NUISANCES. 
 
 Section i. Be it ordained by the City Council of the City of Bunker 
 Hill: That any premises, or any part thereof which may be nau¬ 
 seous, foul or offensive to the neighborhood, or to any persons or 
 family residing near the same, or to persons passing along any street 
 or alley near the same, or in such a condition as to be detrimental 
 or obnoxious to the public health or comfort, shall be deemed a nui¬ 
 sance, and any owner or occupant of such premises who shall neg¬ 
 lect or refuse to abate, remedy or remove such nuisance, or cleanse 
 such premises after notice thereof by the Superintendent of Streets, 
 the City Marshal or any person aggrieved thereby, shall forfeit and 
 pay the sum of three dollars for each day he shall so neglect or re¬ 
 fuse to abate, remove, remedy or cleanse the same after such notice. 
 
 Sec. 2. Any nauseous, foul, offensive or putrid liquid or sub¬ 
 stance, or any liquid or substance likely to become nauseous, 
 foul, offensive or putrid, which may be discharged, placed or 
 thrown, or flow from, or out of any premises into any street or alley, 
 or into any adjacent premises, is hereby declared a nuisance, and 
 whoever shall throw, place or discharge any such nauseous, foul, 
 offensive or putrid liquid or substance, or any liquid or substance 
 likely to become nauseous, foul, offensive or putrid, into any street 
 or alley, or into an adjacent premises, or shall permit any such nui¬ 
 sance to be discharged, or to flow from, or out of any premises 
 owned or occupied by him, or under his control, into any street or 
 alley, or into any adjacent premises, shall forfeit and pay the sum of 
 three dollars, and a like sum for each day he shall not abate, remedy 
 or remove the same after notice thereof by the Street Superintend¬ 
 ent, City Marshal, or any person aggrieved thereby. 
 
 Sec. 3. Any person who shall knowingly suffer any dead ani¬ 
 mal, belonging to him, or her, to remain within the city, or within 
 one half mile thereof, so as to be, or be likely to become putrid and 
 nauseous, or offensive to any person residing within the city, shall 
 be deemed guilty of a nuisance, and shall forfeit and pay the sum of 
 three dollars, and a like sum for each day he shall not abate, remedy 
 or remove the same. 
 
 Sec. 4. When any nuisance or anything likely to become a nui¬ 
 sance, shall be found by the Street Superintendent or the City Mar¬ 
 shal, or shall be reported to them, the author, owner or cause of 
 such nuisance, shall forthwith be notified to abate, remove or rem¬ 
 edy the same, and in case he shall not comply with such notice, the 
 officer shall abate such nuisance and bring suit against such person 
 
CITY OF BUNKER HILL. 
 
 59 
 
 in the name of the city for the penalty ; and costs of removal or 
 abatement, may also be recovered with the penalty or by a separate 
 suit in the name of the city before the Police Magistrate, or in his 
 absence or inability to act, before any justice of the peace in the 
 City of Bunker Hill. 
 
 Sec. 5. That any chimney, flues, fire-place, stove pipes, ovens 
 or other apparatus used in or about any building, or manufactory, 
 which may be constructed so as to endanger the property adjoining 
 by fire, may be declared to be a nuisance ; and any owner or occu¬ 
 pant of said building or manufactory, who shall neglect or refuse to 
 abate, remedy or remove such nuisance, after an order of the City 
 Council having been served on him requiring him to abate, remove 
 or remedy the same, shall forfeit and pay the sum of twenty dollars. 
 
 Passed May 12 , i8yj. Approved. 
 
 J. F. CUMMINGS, Mayor. 
 
 AN ORDINANCE RELATING TO SHOWS, PEDDLERS 
 
 AND AUCTIONEERS. 
 
 Section i . Be it ordained by the City Council of the City of Bunker 
 Hill: That any person or persons wishing to exhibit any public 
 show or wax figures, puppets, animals, or other thing, or to perform 
 any feats, such as circus riding, dancing on ropes or wire, tricks of 
 ledgerdemain, sleight of hand, or any theatrical or other perform¬ 
 ance where money is charged or paid for admission, such person or 
 persons shall apply to the Clerk of said city for license, who shall 
 issue such license, upon the payment of a sum not less than three 
 nor more than one hundred dollars, into the Treasury of said city, 
 for every twenty-four hours during which such exhibition or per¬ 
 formance shall be continued in said city ; and also the fees of said 
 Clerk for issuing the same. The time for which the license is 
 granted shall be specified in the same : Provided , however , That the 
 Clerk may grant such licenses for musical concerts, or lectures on 
 scientific subjects, free of charge. 
 
 Sec. 2. If any person or persons shall exhibit any show or per¬ 
 formance enumerated in the foregoing section, in said city, without 
 having first obtained a license as aforesaid, such person or persons 
 so offending shall, on conviction thereof, forfeit and pay for each 
 offence the sum of not less than ten nor more than one hundred dol¬ 
 lars ; and the further sum of fifty dollars for each twelve hours 
 during which such show or performance shall be continued. 
 
60 
 
 CITY OF BUNKER HILL. 
 
 Sec. 3. Any person not a tax payer in the City of Bunker Hill, 
 wishing to expose for sale at public auction, or peddle within the 
 limits of said city, any goods, wares or merchandise, the sale of which 
 is not prohibited by ordinance, shall apply to the Clerk of said city 
 for license ; which license said Clerk is hereby authorized to issue, 
 upon payment into the Treasury of said city of a sum not less than 
 one nor more than fifty dollars, and of his fees for issuing the same ; 
 specifying in such license the time for which the same is granted. 
 
 And any person or persons who shall hereafter violate the provis¬ 
 ions of this section by selling or peddling any such goods, wares or 
 merchandise in said city, without first obtaining license to do so, 
 shall, on conviction thereof, forfeit and pay the sum of not less than 
 five nor more than fifty dollars, for each day, or part of a day, 
 during which they shall sell or peddle such goods, wares or mer¬ 
 chandise without license : Provided , however , That the provisions 
 of this section shall not apply to any sale of property under process 
 of law, or to the sale of furniture or household goods by any family : 
 Provided , also , That any person, whether a tax payer or not, wishing 
 to carry on a regular auction business in said city may obtain a 
 license therefor, from, and by agreement with the City Council ; and 
 no such business shall be carried on without such license, under the 
 penalty hereinbefore provided. 
 
 Sec. 4, That all itinerant persons vending goods, wares and 
 merchandise, clocks, jewelry, gold or silver, or plated ware, specta¬ 
 cles, drugs, nostrums, perfumes, or any other thing, vending, or 
 offering to vend goods, wares and merchandise, or other thing, which 
 is not the product of this State, or any person or persons who shall, 
 under color of bona fide merchants, take up a temporary residence 
 in said city, for the purpose of disposing of their goods, wares and 
 merchandise of whatsoever kind, whether at auction or retail, shall 
 be deemed peddlers under this ordinance. 
 
 Passed May 12 , 1873. Approved. 
 
 J. F. CUMMINGS, Mayor. 
 
 AN ORDINANCE RELATING TO GROCERIES AND BIL¬ 
 LIARD ROOMS. 
 
 Section i. Be it ordained by the City Council of the City of Bunker 
 Hill: That every person or persons not having a legal license to 
 keep a grocery in said city who shall therein barter, sell, exchange 
 or otherwise dispose of for his, her or their gain or benefit, any vinous, 
 
CITY OF BUNKER HILL. 
 
 61 
 
 spiritous, malt, fermented or mixed liquors, in any quantity what¬ 
 ever, (cider excepted), or shall suffer or permit the same to be done 
 on his, her or their premises, shall forfeit and pay for each offense a 
 sum of not less than fifty dollars. 
 
 Sec. 2. Licenses to keep groceries in said city, for the term of 
 three months, may be granted on the following conditions : 
 
 Applicant or applicants to keep groceries in said city shall pay 
 into the city treasury the sum of eighteen dollars and seventy-five 
 cents for the privilege thus granted, and shall enter into bond in the 
 penalty of three hundred dollars, with one or more sufficient securi¬ 
 ties, to be approved by the City Council, conditioned that the said 
 applicant or applicants will keep an orderly house, and that he, 
 she or they shall not permit any disorderly or riotous conduct there¬ 
 in, or unlawful gaming, and that he, she or they will not barter, sell, 
 exchange or deliver, or cause or suffer to be delivered to any minor, 
 idiotic, insane or distracted person or pauper, without the consent 
 of his or her parent, guardian or conservator, any liquor of any 
 kind whatever: Provided , That no person shall be granted a license 
 under this section without first giving a bond, to be approved by 
 the City Council (which bond shall run in the name of the People 
 of the State of Illinois, and be in the penal sum of three thousand 
 dollars, with at least two good and sufficient securities, who shall 
 be freeholders), conditioned that they will pay all damages to any 
 person or persons which may be inflicted upon them either in per¬ 
 son or property, or means of support, by reason of the person so 
 obtaining a license. 
 
 Sec. 3. Licenses to keep groceries in said city shall not author¬ 
 ize persons obtaining them to vend or sell in more than one house 
 or place, and every license shall describe the house or place intended 
 to be occupied for the purpose set forth in such license. 
 
 Sec. 4. No person or persons shall, within said city, sell, give, 
 furnish or deliver, or suffer to be sold, given, furnished or delivered, 
 on his, her or their premises, to any minor, idiotic, insane or dis¬ 
 tracted person or pauper, any liquor of any kind whatever. Every 
 person or persons who shall offend against the provisions of this 
 section shall forfeit and pay for each offense a sum of not less than 
 fifteen dollars ; and if any person ov persons having a legal license 
 to keep a grocery in said city, shall offend against the provisions 
 hereof, his, her or their license, shall, upon conviction thereof, be 
 forfeited : Provided , That nothing herein contained shall affect the 
 provisions of section two of this ordinance. 
 
 Sec. 5. Licenses to keep groceries in said city shall authorize 
 
62 
 
 CITY OF BUNKER HILL* 
 
 
 the person or persons obtaining the same to sell and vend vinous, 
 spirituous, malt and fermented liquors in the house or place speci¬ 
 fied in said license, and not elsewhere, for the term therein specified. 
 Such license shall not be transferable or assignable, and in case any 
 person or persons having a legal license wish to remove from one 
 house or place to another, the Mayor may consent to such change 
 and cause a license to issue accordingly. 
 
 Sec. 6 . Every person or persons who shall barter, sell, exchange 
 or give away, or suffer to be used upon his, her or their premises, 
 any poisonous, corrupted or drugged liquors, or shall deceitfully 
 mix any liquors to evade the provisions of this ordinance, shall for¬ 
 feit and pay for each offense a sum of not less than fifty dollars, and 
 shall forfeit his, her or their grocery license. 
 
 Sec. 7. If any person or persons shall keep open any tippling 
 house, grocery, brewery, beer house, saloon or garden, or any bil¬ 
 liard saloon, or ten pin alley, or other place of amusement, or shall 
 sell or vend any of the liquors specified in the first section hereof, 
 on the Sabbath day or night, such person or persons shall forfeit 
 and pay for each offense a sum of not less than fifty dollars, and if 
 any keeper or keepers of a licensed grocery shall offend against the 
 provisions of this ordinance, he, she or they, upon conviction there¬ 
 of, shall forfeit his, her or their license. 
 
 Sec. 8 . After proof of a minor, idiot, insane or distracted per¬ 
 son or pauper being found in or coming out of any grocery intoxi¬ 
 cated, it shall be presumed that said person received his or her liquor 
 at said grocery, unless the contrary be clearly proved. 
 
 Sec. 9. If any person shall keep open any tippling house, gro¬ 
 cery, brewery, beer house, billiard saloon, or ten pin alley, or other 
 place of amusement after eleven o’clock p. m., he, she or they shall 
 forfeit and pay for each offense, a sum not less than twenty dollars, 
 and upon a second conviction thereof shall forfeit his, her or their 
 license. 
 
 Sec. 10. The City Council may, in their discretion, grant a 
 license to any person or persons who may be engaged, in good 
 faith, in the business of a druggist or apothecary, for the term of 
 three or six months, at the option of the applicant, to sell or vend 
 spirituous, malt or vinous liquors for medicinal, mechanical or 
 sacramental purposes. The applicant or applicants for said license 
 shall pay to the Clerk his fees for bond and license, and shall exe¬ 
 cute a bond in the sum of three hundred dollars, with one or more 
 sufficient securities, to be approved by the City Council, conditioned 
 
CITY OF BUNKER HILL. 
 
 63 
 
 that he or they will not sell any spiritous, malt or vinous liquors for 
 any other purpose than authorized by the said license, nor suffer or 
 permit any spiritous, malt or vinous liquors to be drank on his or 
 their premises, and that he or they will not sell or give any of said 
 liquors to a minor without the written permission of the parent or 
 guardian of said minor : Provided , no license shall be granted un¬ 
 der this section until the party shall have given the State bond 
 required under section 2 of this ordinance. Any druggist or apoth¬ 
 ecary who shall violate any of the conditions or provisions of the 
 bonds provided for in this section shall forfeit and pay a sum of not 
 less than fifty dollars for each offense, and also forfeit his, her or 
 their license. 
 
 Sec. 11. That every person or persons not having a legal license 
 to keep billiard tables, pigeon hole or ten pin alley, or any other article 
 or instrument, thing or things whatsoever which may be used for 
 the purpose of playing or betting upon, or winning or losing money, 
 who shall suffer or permit the same to be used on his, her or their 
 premises shall forfeit and pay for each offense a sum of not less than 
 twenty-five dollars. 
 
 Sec. 12. Licenses to keep billiard tables may be granted on the 
 following conditions : Applicant or applicants to keep billiard tables 
 shall pay into the treasury the sum of two dollars and fifty cents per 
 quarter for each table, and shall enter into bond, with one or more 
 sufficient securities, in the penalty of three hundred dollars, condi¬ 
 tioned to keep a quiet and orderly house : Provided , That before 
 any person shall procure a license to keep billiard tables as afore¬ 
 said, he shall register with the Clerk of the city the place where he 
 intends to keep said tables, together with the name of his house or 
 saloon in which the same are kept. 
 
 Sec. 13. Licenses to keep pigeon hole tables, ten pin alleys or 
 any other article or things whatsoever, used for playing upon, may, 
 in the discretion of the City Council, be licensed upon the appli¬ 
 cants paying into the city treasury the sum of two dollars per 
 quarter. 
 
 Sec. 14. Whenever it shall appear to the Police Magistrate or 
 other justice of the peace, before whom any case shall be tried under 
 the provisions of this ordinance, that the defendant or defendants 
 have forfeited his, her or their grocery or billiard license, it shall be 
 the duty of such Police Magistrate or justice of the peace, as the 
 case may be, to enter as a part of his judgment, that the grocery or 
 billiard license of such defendant has been forfeited ; and from and 
 
64 
 
 CITY OF BUNKER HILL. 
 
 after such fact has been so declared, such grocery or billiard license 
 shall be taken as forfeited, null and void. 
 
 Passed May 12 , i8yj. Approved. 
 
 J. F. CUMMINGS, Mayor. 
 
 AN ORDINANCE RELATING TO MISDEMEANORS. 
 
 * 
 
 Section i. Be it ordained by the City Council of the City of Bunker 
 Hill: That any two or more persons who shall assemble for the 
 purpose of disturbing the peace, or of committing any unlawfuLact, 
 and who shall not disperse when commanded or requested by any 
 peace officer, shall each, severally, forfeit and pay the sum of not 
 less than ten dollars. 
 
 Sec. 2. Whoever shall assault, strike or fight another, or who 
 shall be guilty of any conduct calculated to provoke a breach of the 
 peace in the city, shall forfeit and pay the sum of not less than fif¬ 
 teen dollars. 
 
 Sec. 3. Whoever shall disturb the peace, or shall be guilty of 
 any violent, tumultuous, offensive or disorderly conduct, or shall 
 make any loud or unusual noise or disturbance, or shall use obscene, 
 offensive, profane or unseemly language, to the annoyance, disturb¬ 
 ance or vexation of others, shall forfeit and pay the sum of not less 
 than fifteen dollars. 
 
 Sec. 4. Whoever shall, knowingly, suffer or permit any assem¬ 
 blage of persons, for the purpose of disturbing the peace, or of 
 committing any unlawful act, or any breach of the peace, or any 
 riotous, tumultuous, offensive or disorderly conduct, or any loud 
 or unusual noise or disturbance, or obscene, offensive, profane or 
 unseemly language, to the annoyance, disturbance or vexation of 
 others, in, or upon any premises owned or occupied by him, or un¬ 
 der his control, shall forfeit and pay the sum of not less than ten 
 dollars. 
 
 Sec. 5. Whoever shall abet or encourage any unlawful act, or 
 any violation of any ordinance of the city, shall forfeit and pay the 
 sum of not less than ten dollars. 
 
 Sec. 6. Whoever shall wilfully or heedlessly disturb any assem¬ 
 bly of persons met together for religious worship, shall forfeit and 
 pay the sum of not less than ten dollars. 
 
 Sec. 7. Whoever shall, wilfully or heedlessly disturb any law¬ 
 ful assemblage of persons, or shall, on the Sabbath day, wilfully 
 
CITY OF BUNKER HILL. 65 
 
 or heedlessly disturb the peace or quiet of any private family, shall 
 forfeit and pay the sum of not less than ten dollars. 
 
 Sec. 8 . Whoever shall make any false alarm of fire, or any 
 false cry for assistance, shall forfeit and pay the sum of not less than 
 ten dollars. 
 
 Sec. 9. Whoever shall be found in a state of intoxication, in 
 any public place, or in any place open to public view, shall forfeit 
 and pay the sum of not less than ten dollars. 
 
 Sec. 10. Whoever shall purposely or publicly make any inde¬ 
 cent exposure of his or her person, or shall appear in a dress not 
 belonging to his or her sex, or in any indecent or lewd dress, or in 
 a state of nudity, or shall be guilty of any other indecent or lewd 
 act or behavior, shall forfeit and pay the sum of not less than ten 
 dollars. 
 
 Sec. 11. Whoever shall exhibit, sell or offer to sell, any obscene, 
 indecent or lewd book, picture, statue, or like thing, or shall exhibit 
 or perform any indecent, obscene or lewd play, exhibition or other 
 representation, shall forfeit and pay for each offense the sum of not 
 less than ten dollars. 
 
 Sec. 12. Whoever shall, in any place open to public view, write, 
 mark, draw, cut, or make any obscene, lewd or indecent word or 
 sentence, design or figure, shall forfeit and pay the sum of not less 
 than ten dollars. 
 
 Sec. 13. Whoever shall exhibit any stud horse, bull or jack on 
 the streets or alleys within the fire limits of said city, or shall let 
 any such animal, exdept in some enclosed place out of public view, 
 shall forfeit and pay for each offense the sum of not less than five 
 dollars. 
 
 Sec. 14. Any person able to work and maintain himself or her¬ 
 self in some honest and respectable calling, not having visible means 
 of support, who shall live idly, without employment, or loiter or 
 stroll about begging, or frequenting gaming houses, disorderly or 
 bawdy houses, groceries or tippling houses, or other places where 
 intoxicating liquors are sold, or shall otherwise lead an idle or prof¬ 
 ligate course of life, or any person who shall keep, maintain, or be 
 an inmate of any house of prostitution, or shall sleep in sheds, out¬ 
 houses, stables or in the open air, without being able to give a good 
 account of himself or herself, shall be deemed a vagrant, and shall 
 forfeit and pay the sum of not less than twenty-five dollars. 
 
 Sec. 15. Whoever shall, on Sunday, keep open a grocery, or a 
 billiard room, ball or pin alley, house, grounds or other place 
 of amusement, or shall suffer or permit persons to assemble therein, 
 
66 
 
 CITY OF BUNKER HILL. 
 
 for the purpose of amusement or play, shall forfeit and pay the sum 
 of not less than fifty dollars. 
 
 Sec. i6 . Whoever shall, wilfully, maliciously or negligently 
 break, deface, destroy, or otherwise injure any public property of 
 the city, or any private property, shall forfeit and pay for each 
 offense the sum of not less than ten dollars, and shall also be liable 
 for the costs and expenses of repairing the injuries committed, 
 which shall be added to the penalty, and constitute a part thereof. 
 
 Sec. i 7. Whoever shall, without the consent of the owner or 
 occupant of the premises, fasten any horse or other animal to any 
 tree, or to any boxing placed around any tree, shall forfeit and pay 
 the sum of not less than one dollar. 
 
 Whoever shall, wilfully, maliciously or negligently, in any man¬ 
 ner, injure, deface, remove or destroy any ornamental or shade tree, 
 or boxing placed around the same, or any shrub, fence, railing, gate 
 or sign upon any sidewalk or private premises, or trespass on pri¬ 
 vate premises or public ground, and injure, carry away or destroy 
 any tree, fruit, vegetable, plant, shrub, or other thing which may 
 be therein, for ornament or otherwise, shall forfeit and pay the 
 sum of not less than twenty dollars. 
 
 Sec. 18. Whoever shall, without the consent of the owner or 
 occupant of the premises, post, put up, stick or place any hand bill, 
 placard, show bill or notice upon any building or fence, or shall 
 mark, cut, scratch or otherwise deface any fence, or any part of any 
 building shall forfeit and pay the sum of not less than five dollars. 
 
 •Sec. 19. Whoever shall, purposely, 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 of the city of Bunker Hill shall 
 forfeit and pay for each offense the sum of not less than ten dollars. 
 
 Sec. 20. Whoever shall leave any horse, or mule, or any team 
 in any unenclosed or public place without being fastened, guarded 
 or secured, so as to prevent its running away, shall forfeit and pay 
 the sum of not less than three dollars. 
 
 Sec. 21. Whoever shall, in any part of the city, fire or discharge 
 any cannon, gun, pistol or other firearms, or shall set off', fire or ex¬ 
 plode any torpedo, fire cracker, fire ball, rocket or other fire works, 
 whatever, or shall make or kindle any bonfire shall forfeit and pay 
 the sum of not less than one dollar for each offense. But the dis¬ 
 charge of firearms, setting oft' or exploding of fire works, and the 
 making of bonfires upon National holidays, and in the celebration of 
 other public and general events, or the discharge of firearms by the 
 members of any military company when on parade, and in ac- 
 
CITY OF BUNKEK HILL. 
 
 67 
 
 cordance with the command of the commanding officer, or by any 
 city officer or other person in the discharge of any legal duty or 
 lawful act, or by any person upon his own premises, when the same 
 may be done in such a manner as not to endanger, or be likely to 
 endanger, the safety of any person or the injury of any property, 
 shall not be deemed any violation hereof. 
 
 Sec. 22. Whoever shall leave open any cellar, cellar door, vault, 
 well, cistern, excavation, ditch or other like hole 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 therein, shall forfeit and pay the sum of not 
 less than ten dollars. 
 
 Sec. 23. Any contractor for any public work, officer or other 
 person making an excavation upon or adjoining any street, alley or 
 sidewalk, or having the same in charge, who shall, in the night 
 time, leave the same open and unprotected so as to endanger the 
 safety of persons or animals passing thereby from falling therein, 
 shall forfeit and pay the sum of not less than ten dollars. 
 
 Sec. 24. Whoever shall knowingly sell, expose or offer for sale 
 any sick or diseased animal, poultry or fish, to be used or eaten for 
 food, or the flesh of any sick, diseased or otherwise unwholesome 
 dead animal, poultry or fish, or the flesh of any animal, fowl or fish 
 not usually used or deemed wholesome for food, or any other, un¬ 
 sound or unwholesome provisions or article of food whatever, or 
 any pernicious or adulterated milk, drink or liquors, shall forfeit and 
 pay the sum of not less than ten dollars in each case, and the Mayor, 
 or any police officer, shall seize, or cause to be seized and destroyed, 
 any such food, milk, drink or other provisions so exposed or offered 
 for sale. 
 
 Sec. 25. Whoever shall wilfully hinder, delay, resist or obstruct 
 any city officer, or any person legally authorized by him in the dis¬ 
 charge of his duty, or shall aid, abet or encourage any such hinder¬ 
 ing, delaying, resisting or obstructing, or shall neglect or refuse to 
 obey any lawful order or direction of such officer shall forfeit and 
 pay the sum of not less than ten dollars. 
 
 Sec. 26. Whoever shall rescue, or attempt to rescue, or shall 
 abet or encourage the rescue or escape of any person from the cus¬ 
 tody of any officer, or other person legally having him in charge, 6 r 
 shall molest or interfere with any officer or other person so legally 
 having him in charge, or shall in any manner aid, abet or encourage 
 the rescue or the attempt to escape from any prison of any person 
 legally committed thereto, or shall supply, or attempt to supply any 
 
68 
 
 CITY OF BUNKER HILL. 
 
 such person with any weapon, or with any implement or means of 
 escape, or for attempting to escape, or with any intoxicating liquors 
 shall, in each case, forfeit and pay the sum of not less than twenty- 
 five dollars. 
 
 Sec. 27. Any police officer may call upon any male person, 
 above the age of eighteen years, to aid him in the arrest of any per¬ 
 son having committed any unlawful act, or to aid in preventing the 
 commission of any unlawful act, and whoever shall neglect or re¬ 
 fuse to give such aid or assistance, when so required, shall forfeit 
 and pay the sum of five dollars. 
 
 Sec. 28. No builder or other person shall encumber or obstruct 
 any street or alley with building or other like materials, without a 
 written permit from the Mayor, nor shall, except in case of urgent 
 necessity, and for a short time, encumber or obstruct more than one- 
 third of any street or alley, or one-half of the sidewalk, nor shall 
 such obstruction continue in any case longer than may be necessary 
 in the diligent erection of such building, or the prompt execution of 
 the work. Whoever shall violate any provision of this section shall 
 forfeit and pay the sum of not less than five dollars, and an addi¬ 
 tional penalty of five dollars for each day he shall continue in vio¬ 
 lation thereof. 
 
 Sec. 29. No person shall make or cause to be made, any erec¬ 
 tion or enclosure, encroaching in whole or in part upon any street,* 
 alley or sidewalk, under a penalty of fifty dollars, and an additional 
 penalty of three dollars for each day the same shall remain after no¬ 
 tice by the Mayor, Marshal or Superintendent of Streets to remove 
 the same. 
 
 Sec. 30. The owner of any erection or enclosure, already erect¬ 
 ed, or placed and encroaching upon any street or alley, who shall 
 not remove the same after thirty days notice by the Mayor, the City 
 Marshal or the Superintendent of Streets, shall forfeit and pay the 
 sum of ten dollars, and an additional penalty of three dollars for 
 each day he shall fail to comply with such notice. 
 
 Sec. 31. The Mayor, the City Marshal or the Superintendent 
 of Streets shall cause any encumbrance, obstruction, erection or en¬ 
 closure in or upon any street, alley or sidewalk, contrary to ordi¬ 
 nance, to be removed, and the costs of such removal may be col¬ 
 lected of the person causing such obstruction, with the penalty, 
 or in a separate suit, in the name of the city. 
 
 Sec. 32. Whoever shall place, throw or leave, or cause to be 
 thrown, placed or left, any obstruction or encumbrance not author¬ 
 ized by ordinance in any street or alley, drain or sewer, shall forfeit 
 
69 
 
 CITY OF BUNKER HILL. 
 
 and pay the sum of ten dollars, and an additional penalty of one 
 dollar for each hour he shall not remove the same when required by 
 the Mayor, Marshal or Superintendent of Streets. 
 
 Sec. 33. No person not authorized by ordinance shall make any 
 excavation in any street, alley or sidewalk, without a written per- ’ 
 mit from the Mayor or the Committee on Streets, under a penalty 
 of five dollars. 
 
 Sec. 34. Whoever shall, purposely, change or remove any stake, 
 post or stone, placed or set to designate the corner or line of any lot 
 of land, street or alley, or to show the grade of any street, alley or 
 sidewalk, shall be subject to a penalty of not less than five dollars. 
 
 Sec. 3^. Whoever shall throw, place or leave any ashes, dirt, 
 filth or other rubbish in or upon any street, alley or sidewalk, or 
 shall knowingly suffer or permit the same to be thrown, placed or 
 left in or upon any street, alley or sidewalk, or shall not clean the 
 snow from the sidewalk, in front of or adjoining any premises owned 
 or occupied by him, or under his control, shall forfeit and pay the 
 sum of ten dollars, and an additional penalty of one dollar for each 
 hour the same may remain after notice to remove the same by the 
 Mayor, the City Marshal or the Superintendent of Streets. 
 
 Sec. 36. The running at large within the limits of the City of 
 Bunker Hill of horses, mares, mules, jennets, swine, bulls and asses 
 is hereby prohibited, and every person who shall suffer or permit 
 his or her horse, mare, mule, jennet, swine, bull or ass to run at large 
 within said city, shall forfeit and pay for each and every one of said 
 animals which he or she shall suffer or permit to run at large as afore¬ 
 said, the sum of one dollar, and in addition thereto he or she shall 
 pay the sum of one dollar for every twelve hours said animal or ani¬ 
 mals shall continue to run at large. 
 
 Sec. 37. The running at large of cows within the limits of the 
 City of Bunker Hill, between the 15th day of November and the 
 1st day of April in each year, is hereby prohibited, and every person 
 who shall suffer or permit his or her cow to run at large within said 
 city, at any time between said periods, shall forfeit and pay the 
 sum of one dollar for each cow which he or she shall suffer or per¬ 
 mit to run at large as aforesaid, and in addition thereto he or she 
 shall pay the sum of one dollar for every twelve hours said cow 
 shall continue to run at large. 
 
 Sec. 38. Whoever shall, wilfully, tear down any notice or bill 
 which may be posted up at any point in said city, (not contrary to 
 ordinance,) shall forfeit and pay the sum of ten dollars. 
 
 Sec. 39. Any person or persons, corporation or corporations, 
 
 9 
 
70 
 
 CITY OF BUNKER HILL. 
 
 who shall, by their teams, engines or cars obstruct any street, alley, 
 road or sidewalk in the city, shall forfeit and pay the sum of not less 
 than twenty dollars. 
 
 Sec. 40. Any person or persons who shall tie or hitch any stud 
 horse or jack to any fence or tree in the City of Bunker Hill, shall 
 forfeit and pay the sum of five dollars. 
 
 Sec. 41. Any person or persons who shall, within said city, 
 draw on any person or persons, to the terror or danger of such per¬ 
 son or persons, any knife, bowie knife, pistol, revolver, slung shot, or 
 any other dangerous weapon, shall forfeit and pay the sum of not 
 less than twenty-five dollars. 
 
 Sec. 42. Any person or persons who shall within the limits of 
 said city carry concealed on their persons any knife, bowie knife, 
 pistol, revolver, slung shot, or any other dangerous or deadly weapon 
 for the purpose of unlawfully using the same, shall forfeit and pay 
 the sum of not less than twenty-five dollars. 
 
 Sec. 43. If any person or persons shall, in said city, play for 
 money at any game with cards, dice, checquers, or at billiards, or 
 with any other article or instrument, thing or things whatsoever, 
 which may be used for the purpose of playing or betting upon, or 
 winning or losing money, or shall bet on any game others may be 
 playing, or shall sutler or permit the same to be done upon his or 
 her premises, every person so offending shall forfeit and pay for 
 each offense the sum of ten dollars. 
 
 Sec. 44. That any person or persons who shall ride, lead or drive 
 any horse, mare, mule or ox upon or over any plank or brick side¬ 
 walk along any of the streets or alleys within the limits of the City 
 of Bunker Hill, except at the usual and proper crossings of such 
 sidewalk, or shall obstruct any street, alley, road or sidewalk in said 
 city, by putting thereon wood, brick, casks, boxes, barrels, or other 
 thing, shall, on conviction thereof, be fined not less than three nor 
 more than ten dollars. Provided , This ordinance shall not be so 
 construed as to prevent the loading and unloading of wagons or 
 other vehicles, at any mill, store, warehouse, shop or dwelling house, 
 and that driving upon the sidewalks in front thereof, for that pur¬ 
 pose, if the said vehicles, and all boxes, or other articles to be 
 loaded into, or taken out of the same, be removed in a reasonable 
 time. 
 
 Sec. 4^. If any person shall sell or give away any spirituous, 
 malt, vinous or intoxicating liquors, or any saloon, bar-room, gro¬ 
 cery or place where such liquor is sold or given away, be open upon 
 any State Election day, between the hours of 8 o’clock a. m. and 6 
 
CITY OF BUNKER HILL. 
 
 71 
 
 o’clock p. m., or upon any City Election day, between the hours of 
 i o’clock p. m. and 7 o’clock p. m., such person or persons so offend¬ 
 ing shall, on conviction thereof, be fined in a sum not less than fifty 
 dollars. The Police Magistrate and City Marshal shall see that the 
 provisions of this section are enforced. 
 
 Passed May 12, 1873- Approved . 
 
 J. F. CUMMINGS, Mayor, 
 
 AN ORDINANCE IN RELATION TO DOGS. 
 
 Section i. Be it ordained by the City Council of the City of Bunker 
 Hill: That no dog or bitch shall run at large in the City of Bunker 
 Hill, unless the owner or keeper thereof shall place and keep upon 
 the neck of such dog or bitch a substantial metallic or leather col¬ 
 lar, with a metallic plate affixed thereto, with the letter “ R ” and 
 date of registry, as hereinafter provided, to be legibly inscribed 
 thereon, under a penalty of three dollars. 
 
 Sec. 2. The owner or keeper of any dog or bitch, in said city 
 shall, without delay, after the due publication hereof, or as soon as 
 any dog or bitch shall come into his possession ; and annually there¬ 
 after, on or before the first day of June in each year, give the name 
 and description of his dog or bitch to the City Marshal, who shall 
 register the same in a suitable book kept for that purpose, and shall 
 stamp upon or affix to the collar of the dog or bitch thus registered 
 the letter “ R,” and the year of the registry ; and he may charge 
 and receive a fee of one dollar therefor for each dog or bitch regis¬ 
 tered by him, one-half of which is to be paid into the city treasury. 
 Whoever shall not comply with this section shall forfeit and pay the 
 sum of three dollars. 
 
 Sec. 3. When danger of hydrophobia may be deemed to exist 
 in or near the city, the Mayor may, by proclamation or by notice in 
 the newspaper published in the city, or by printed handbills, require 
 all persons to confine all dogs and bitches, or securely muzzle them 
 with a wire muzzle, for such time as may be designated in such 
 proclamation or notice, or until otherwise ordered. All dogs or 
 bitches found running at large in the city, contrary to the provisions 
 of this section, whether owned or kept within or without the city, 
 shall be destroyed by the City Marshal; and the owner or keeper of 
 any dog or bitch, who shall knowingly permit the same to run at 
 large contrary to the provisions of this section shall forfeit and pay 
 the sum of five dollars. 
 
72 CITY OF BUNKER HILL. 
 
 Sec. 4. The City Marshal shall prosecute the owner or keeper 
 of any dog or bitch permitting the same to run at large contrary to 
 the requirements hereof; and shall kill or destroy all dogs or bitches 
 found running at large and not registered and collared as herein re¬ 
 quired, and for which no owner or keeper can be found on rea¬ 
 sonable inquiry; but the provisions hereof, except in third and 
 fourth sections, shall not apply to any dog or bitch brought into the 
 city by any person not a resident thereof, until such dog or bitch 
 shall have been in. the city one day. 
 
 Sec. 5. Any bitch running at large while in heat, is hereby 
 declared a nuisance ; and the owner or keeper of any such bitch, so 
 permitting the same to run at large while in heat, shall forfeit and 
 pay the sum of five dollars, and the City Marshal shall destroy such 
 bitch. 
 
 Sec. 6 . The City Marshal shall receive fifty cents for each dog 
 or bitch destroyed by him and removed beyond the city, to be col¬ 
 lected or recovered of the owner or keeper of such dog or bitch, if 
 known—if not, to be reported to the City Council, upon oath, for 
 allowance and payment from the treasury. 
 
 Sec. 7. The City Marshal shall, from time to time, or when 
 required by the City Council, report the number of dogs registered, 
 the amount of fines collected and the number of dogs killed under 
 the provisions hereof. 
 
 Sec. 8. Any officer who shall destroy any dog or bitch, collared, 
 registered or muzzled, as herein required, or shall bring or entice, 
 or cause to be brought or enticed, any dog or bitch into the city for 
 the purpose of destroying the same, or shall entice any dog or bitch 
 out of the premises of the owner or keeper thereof, for such pur¬ 
 pose, or shall molest or seize any dog or bitch while being tied, lead 
 or held by any person, or shall remove the muzzle or collar from 
 any dog or bitch, or shall throw or place, or cause to be thrown or 
 placed, any poisonous meat or other poisonous substance, into any 
 private enclosed premises, shall forfeit and pay the sum of ten dol¬ 
 lars in each case. 
 
 Sec. 9. Any owner or keeper of any fierce or dangerous dog or 
 bitch, who shall knowingly permit the same to go at large, to the 
 danger, annoyance or damage of any person within the city, shall 
 forfeit and pay the sum of five dollars for the first offense, and ten 
 dollars for the second offense; and, upon a second conviction, the 
 
 r 
 
 City Marshal shall cause such dog or bitch to be destroyed. 
 
 Passed May 12 , 1873. Approved. 
 
 J. F. CUMMINGS, Mayor. 
 
CITY OF BUNKER HILL. 73 
 
 AN ORDINANCE IN RELATION TO THE POLICE 
 
 DEPARTMENT. 
 
 Section i. Be it ordained by the City Council of the City of Bunker 
 Hill: That the police department of the city shall consist of the 
 Mayor, the Aldermen and Police Magistrate, (who shall ex-officio be 
 members of the police department), the City Marshal, and as many 
 policemen as may be appointed. 
 
 Sec. 2. The Mayor, with the approval of the City Council, 
 may, when deemed expedient, appoint a competent number of po¬ 
 licemen, to continue in office during the pleasure of the City Coun¬ 
 cil, and to be subjected to removal at any time by the Mayor, for 
 good cause. The policemen shall have and exercise all the powers, 
 perform all the duties and be subject to all the liabilities, incident to 
 the office by law, or such as may be prescribed by ordinance. 
 
 Sec. 3. The Mayor shall exercise a general supervision and 
 control over the police department, and shall see that the various 
 police officers are prompt and efficient in the discharge of their du¬ 
 ties ; and he shall from time to time take such measures for the 
 preservation of the public peace and good order, and for the prompt 
 and efficient execution of the laws of the State and the ordinances 
 of the city, as may be deemed most expedient and best to accom¬ 
 plish the purposes contemplated. 
 
 Sec. 4. The City Marshal shall be the Chief of Police, and all 
 policemen, except when otherwise provided by ordinance, shall be 
 subject to his direction and control. 
 
 Sec. 5. All members of the police department shall cause all 
 the ordinances of the city to be observed and enforced, especially 
 within the city limits. When any violation of law, or of any ordi¬ 
 nances shall come to the knowledge of any member of the police 
 department, or be reported to him, he shall, without delay, cause 
 the proper complaint to be made before the Police Magistrate, or 
 other competent court, and the proper witnesses to be summoned, 
 or evidence procured for the successful prosecution of the offender. 
 
 The Mayor, or any Alderman, or the Police Magistrate may, and 
 all other officers shall arrest, with or without process, any per¬ 
 son who shall be found in the act of violating any ordinance of the 
 city, and commit him for examination, and, if necessary, detain him 
 in custody over night, or over Sunday, or place him in the city cal¬ 
 aboose, or other secure place, until he can be brought before the 
 Police Magistrate or other competent court. 
 
74 
 
 CITY OF BUNKER HILL. 
 
 Sec. 6 . Any police officer shall have power, upon reasonable 
 ground of suspicion, to enter peaceably, or, if refused or resisted, 
 after demand made, by force, any house or other premises in which 
 any person may be suspected to be, for unlawful purposes, and 
 may arrest without process any person who may be found therein, 
 guilty, or reasonably supposed to be guilty of any criminal act, and 
 detain him in custody, as in other cases, until he can be brought 
 before a competent court or Magistrate. 
 
 Passed May 12 , i8yj. Approved. 
 
 J. F. CUMMINGS, Mayor. 
 
 AN ORDINANCE ESTABLISHING AND REGULATING 
 THE HEALTH DEPARTMENT—BOARD OF HEALTH. 
 
 Section 1. Be it ordained by the City Council of the City of Bunker 
 Hill: That the City Council shall, annually, on the first Monday in 
 the month of May, or at any regular or called meeting thereafter, 
 in case no appointment should be made on said day, appoint by bal¬ 
 lot, three of their number who shall constitute the Board of Health, 
 and who shall continue to act in that capacity until their successors 
 are chosen, or appointed, as herein specified. The Mayor shall be 
 President of the Board, and shall cause all orders of the Board to 
 be executed. The City Clerk shall be Clerk of the Board, and 
 shall keep minutes of its proceedings in a suitable book, and issue 
 its orders. 
 
 Sec. 2. For the enforcement of sanitary regulations, the Board 
 of Health shall have jurisdiction in and over all places within the 
 city, and within one-half mile of the city limits. They may during 
 the day time enter all premises and examine all parts thereof, and 
 cause all nuisances found therein, which they may deem prejudicial 
 or obnoxious to the public health, to be abated in such manner as 
 they shall direct. 
 
 Sec 3. All persons shall obey the orders and directions of the 
 Board of Health ; the Mayor or any member may order the abate¬ 
 ment of any nuisance existing, contrary to any ordinance of the city, 
 which may be prejudicial to the public health, and any occupant of 
 any premises in the city who shall, after such notice, neglect or re¬ 
 fuse to obey any order of the Board, or the Mayor, for the period of 
 twenty-four hours, shall be subject to a penalty of twenty-five dol¬ 
 lars. Provided , whenever the occupant of any such premises is a 
 poor person and unable to abate, remove or remedy the same, such 
 
75 
 
 CITY OF BUNKER HILL. 
 
 nuisance shall be abated, remedied or removed at the expense of the 
 city ; and, Provided , further, whenever any occupant possessing the 
 means and ability to abate, remove or remedy any such nuisance 
 shall have neglected or refused to abate the same as aforesaid, 
 the Board shall cause the same to be removed at the expense of the 
 occupant of said premises. 
 
 Sec. 4. The Board of Health may cause any person having any 
 infectious, contagious or pestilential disease, with his consent, if a 
 resident of the city, to be removed to such safe, retired and proper 
 place as may be deemed best, and may provide suitable nurses and 
 other attendants for such person, at his expense, if able to pay. 
 
 If any person shall have the small pox, or other like disease, the 
 Board of Health, or the Mayor, may require notices, with the words 
 small pox here,” in large letters on a red flag, to be set up in a 
 conspicuous place on the premises occupied, or by said premises, 
 by the occupant thereof, who shall cause such notices to be placed 
 and kept up as long as directed by the Board, or Mayor ; and upon 
 his failure to do so, he shall be subject to a penalty of twenty- 
 five dollars for each day he shall fail to place and keep up such notices. 
 
 Sec. 5. Any person having, or having had the small pox, or 
 any other like disease, who shall go about in any public place, 
 while in the opinion of his attendant physician, there is danger of 
 giving the disease to others, he shall be subject to a penalty of fifty 
 dollars. Any person attending or being about any other person 
 having the small pox, or like infectious disease, who shall not 
 change or purify his wearing apparel before going into any public 
 place, or who shall otherwise so conduct himself as to endanger the 
 spreading of the disease, or the giving it to others, shall, for each 
 offense, be subject to a penalty of fifty dollars. 
 
 Sec. 6 . The Board of Health may cause any wearing apparel, 
 bedding or furniture which they deem infectious, or likely to en¬ 
 danger the public health of the city, to be removed not exceeding 
 five miles from the city, or destroyed ; but before destroying the 
 same they shall cause, if practicable, an invoice and appraisal to be 
 made thereof, in order to make just compensation therefor. 
 
 Sec. 7 - Any person practicing medicine, who shall have any 
 patient in the city laboring under any malignant, infectious or pes¬ 
 tilential disease, shall forthwith make report thereof in writing to 
 the City Clerk, describing the locality of such patient, and upon 
 failure to do so shall be subject to a penalty of ten dollars. 
 
 Passed May 12 , Approved . 
 
 y. F. CUMMINGS, Mayor. 
 
76 
 
 CITY OF BUNKER HILL. 
 
 AN ORDINANCE IN RELATION TO HORSES, SWINE 
 
 AND OTHER ANIMALS. 
 
 Section i . Be it ordained by the City Council of the City o f Bun¬ 
 ker Hill: That any horse, mare, mule, jack or jennet, bull, cow, 
 hog, pig or shoat found running at large, contrary to ordinance, in the 
 city shall be taken up the by Superintendent of Streets, and placed 
 in a pen or pound, to be provided by the city. The Superintendent 
 of Streets shall receive the sum of one dollar for each animal 
 impounded by him under this section, and seventy-five cents per day 
 for feeding and watering the same, (provided he shall only receive 
 fifty cents for impounding each hog, pig or shoat, and fifty cents 
 per day for feeding and watering each) ; such costs for taking up 
 and impounding and feeding shall be paid by the owner. 
 
 Sec. 2. Whenever any animal named in Section one is im¬ 
 pounded, the Superintendent of Streets shall at once make com¬ 
 plaint to the Police Magistrate or a justice of the peace, and apply 
 for proceedings to adjudge against the owner the penalty incurred, 
 stating the name of the owner, if known to him, and the number 
 and kind of animals ; if the owner is not known, then giving a de¬ 
 scription of the animals. * 
 
 Sec. 3. The magistrate shall thereupon issue a notice in writing 
 to the owner of such animal, stating the fact of impounding, and 
 fixing therein a time, not exceeding ten days, when said complaint 
 will be heard, which notice shall be served not less than five days 
 before the time of hearing the complaint; in case the owner is not 
 known, then the notice shall describe the animal and be posted up, 
 by the Superintendent of Streets, in five public places in the city, 
 for five days before the time of hearing. 
 
 Sec. 4. It shall be the duty of the Superintendent of Streets to at¬ 
 tend at the hearing as aforesaid and present the facts in the case ; the 
 cause shall be conducted as other causes are conducted by the magis¬ 
 trate. If the owner is found guilty, the magistrate shall enter judg¬ 
 ment against him for the penalty and costs, and shall also enter an 
 order directing the Superintendent of Streets to sell the property to 
 make the fine and costs ; the sale of any animal distrained or im¬ 
 pounded under this ordinance shall be conducted as near as may be 
 according to the State law relating to property sold by constables 
 under execution. The Superintendent of Streets shall pay to the City 
 Treasurer the net proceeds of such sales. The owner of any animal 
 sold may redeem the same from the purchaser at any time within three 
 
CITY OF BUNKER HILL. 77 
 
 months, by paying the purchase money, with ten per cent, interest 
 and the costs and expenses of keeping the same. 
 
 Sec. 5. If the owner of any animal impounded shall at any 
 time before the sale establish his claim to such animal, by proof, and 
 pay all costs that may have accrued against him, he may remove or 
 take away the same. 
 
 Sec. 6. If any person or persons shall take out or remove any 
 animal from said pound when the same is impounded, or shall open, 
 tear down, injure or destroy said pound, either when any animal is 
 impounded or not, such person or persons so offending shall forfeit 
 and pay the sum of not less than ten dollars, and for all damage 
 done to said pound. 
 
 Passed May 12 , i8yj. Approved. 
 
 J. F. CUMMINGS, Mayor. 
 
 ORDINANCE RELATING TO GRADE OF STREETS. 
 
 Section i. Be it ordained by the City Council of the City of Bunker 
 Hill: That the grade of the street in front of or along the within- 
 named lots of the City of Bunker Hill, be and the same is hereby 
 established, as follows, viz : The point of beginning shall be 2 
 inches above the top of the water table upon the N. E. corner of the 
 building situated upon the N. E. corner of Lot No. 1^6, which point 
 of beginning is also on a level with a point 33 inches below the top 
 of the water table at the N. W. corner of Huggins’ building, on the 
 opposite side of the street. The N. W. corner of Lot No. 129 and 
 the N. W. corner of Lot No. 108 shall be level with the beginning 
 point; the N. E. corner of Lot 158 and the N. W. corner of Lot 
 127, 26 inches below the beginning point; the N. E. corner of Lot 
 162 and the N. W. corner of Lot 123, 76 inches below the beginning 
 point; the S. E. corner of Lot 159 and the S. W. corner of Lot 126, 
 36 inches below the beginning point; the S. E. corner of Lot 1^5 
 and the S. W. corner of Lot 130, 28 inches below the beginning 
 point; the N. E. corner of Lot 154, and the N. W. corner of Lot 
 131, 41 inches below the beginning point; the S. E. corner of Lot 
 151 and the S. W. corner of Lot 134, 88 inches below the beginning 
 point; the S. W. corner of Lot 155, 36 inches below the beginning 
 point; the S. E. corner of Lot 178, 41 inches below the beginning 
 point; the S. W, corner of Lot 178, 116 inches below beginning 
 
 point; the N. W. corner of Lot 154, 46 inches below beginning 
 
 10 
 
78 
 
 CITY OF BUNKER HILL. 
 
 point; the N. E. corner of Lot 179, 51 inches below beginning point; 
 the N. W. corner of Lot 179, 112 inches below beginning point; the 
 S. E. corner of Lot 130 and the S. W. corner of Lot 107, 45 inches 
 below beginning point; the S. E. corner of Lot 107 and N. E. cor¬ 
 ner of Lot 106, 70 inches below beginning point; the N. E. corner 
 of Lot 131 and the N. W. corner of Lot 106, 49 inches below be¬ 
 ginning point; the N. E. corner of Lot 127 and the N. W. corner 
 of Lot no, 24 inches below beginning point; the N. E. corner of 
 Lot no, 46 inches below beginning point; the S. E. corner of Lot 
 126 and the S. W. corner of Lot in, 30 inches below beginning 
 point; the S. E. corner of Lot in, 52 inches below beginning point; 
 the N.'W. corner of Lot 158, 7 2 inches below beginning point; the 
 N. E. corner of lot 175, 84 inches below beginning point; the S. W. 
 corner of Lot 139, 78 inches below beginning point; the S. E. corner 
 of Lot 174, 90 inches below beginning point; the N. E. corner of 
 Lot 177, 51 inches below beginning point; the S. W. corner of Lot 
 174 and the N. W. corner of Lot 175, 124 inches below the begin- 
 ing point. 
 
 Sec. 2. That the outside of the curbstone, along any of the lots 
 named in Section one, situated on Warren or Washington streets, 
 shall be set 10 feet from the line of said lots, and on Fayette street 
 8 feet from the line ; the top of the curbstone along any of the fore¬ 
 going lots shall be level with the grade of the street in front of 
 such lots. 
 
 Passed May 17, 1873. Approved. 
 
 J. F. CUMMINGS, Mayor. 
 
 AN ORDINANCE RELATING TO FEES AND SALARIES. 
 
 Section i . Be it ordained by the City Council of the City of Bun¬ 
 ker Hill , That the City Attorney shall receive such sums for ser¬ 
 vices performed at the request of the City Council, as shall be reas¬ 
 onable. He shall also receive a fee of five dollars on all judgments 
 in favor of the city of ten dollars and over, and a fee of two dollars 
 and fifty cents on all judgments in favor of the city under ten dollars, 
 recovered before the Police Magistrate or any justice of the peace in 
 said city, which said sum shall be taxed against the defendant as 
 costs, to be recovered against him. Provided , That said attorney 
 shall not be entitled to said fee unless the same is collected from the 
 defendant. 
 
CITY OF BUNKER HILL. 
 
 79 
 
 The City Clerk shall receive fifty dollars per annum, to be paid 
 out of the treasury of said city ; also, for issuing each license, fifty 
 cents ; for taking bond of any person, one dollar. For making cer¬ 
 tificate when required, and affixing the seal of said city thereto, one 
 dollar ; for making and certifying copies of any ordinances, resolu¬ 
 tions, or other matter of record in his office, twenty cents for every 
 hundred words ; for attaching seal thereto, fifty cents. Provided , 
 he shall not be entitled to any of said fees when the service is done 
 at the request of, and for the benefit of said city. 
 
 The City Treasurer shall receive for his services one per centum 
 on all moneys received by him by virtue of his said office. Provided , 
 no commissions shall be paid him on any money remaining in his 
 hands at the expiration of his term of office. 
 
 The Police Magistrate and City Marshal shall receive the same 
 fees as are allowed to justices of the peace and constables under the 
 laws of this State for like services. Provided , that in all criminal 
 cases under the ordinances, when the defendant is discharged with¬ 
 out costs, no fees shall be paid to said Justice or City Marshal. 
 
 The Superintendent of Streets shall receive one dollar and fifty 
 cents per day for each day actually employed in laboring or super¬ 
 intending the labor on the streets, alleys or roads in said city, and 
 notifying hands to labor. For removing each dead horse, mule, cow 
 or ox out of the limits of the city, one dollar. For removing any 
 other dead animal out of said limits, fifty cents. 
 
 The Judges and Clerks of Elections shall receive the same com¬ 
 pensation allowed Judges and Clerks under the State Law, and 
 making returns of the same. 
 
 Policemen shall receive two dollars per day when employed. 
 
 Each juror and witness impanneled or sworn in any trial under 
 the ordinances of said city, shall be entitled to the same fees as are 
 allowed for similar services by the laws of this State. 
 
 The Calaboose Keeper shall receive the sum of one dollar for each 
 person confined in the city calaboose, and one dollar per day for 
 caring for and boarding each person confined. 
 
 Passed May 12, 1873. Approved. 
 
 J. F. CUMMINGS, Mayor. 
 
 AN ORDINANCE RELATING TO SUITS AND PROCESS. 
 
 Section i. Be it ordained by the City Council of the City of Bunker 
 Hill: That it shall be the duty of all the officers of the city, when 
 
80 
 
 CITY OF BUNKER HILL. 
 
 they are informed of the violation of any ordinance, to give notice 
 thereof to the City Attorney, together with the name of the offender 
 and of the witnesses, when known, and it shall be the duty of said 
 City Attorney whenever he is informed of the violation of any ordi¬ 
 nance, by any person, to investigate the circumstances of the case, 
 and if, in his opinion, the public good demand it, to commence im¬ 
 mediate proceedings for the recovery of the penalties. 
 
 Sec. 2. Whenever the City Attorney or City Marshal shall make 
 affidavit, or shall file the affidavit of any credible person, that any 
 person or persons have violated any ordinance of said city, setting 
 forth the material facts of which such violation consists, it shall be 
 the duty of the Police Magistrate or Justice of the Peace, as the 
 case may be, to issue his warrant, in the following form, as near as 
 may be : 
 
 STATE OF ILLINOIS, I 
 
 Macoupin County, j ' 
 
 The people of the State of Illinois , to the City Marshal of the City of Bunker 
 
 Hill , or any Constable of said county , greeting: 
 
 You are hereby commanded to take the body of - and bring Him forth¬ 
 
 with before me, at mv office in Bunker Hill, to answer to the City of Bunker 
 Hill in a certain action of debt, for the violation of an ordinance of said city in 
 
 relation to - demand not exceeding two hundred dollars, and hereof make 
 
 return to me as the law directs. 
 
 Given under my hand and seal this-day-, A. D., 18 -. 
 
 -P. M., [L. S.] 
 
 Sec. 3. It shall be the duty of the officer to whose hands such 
 warrant may come, to arrest the person named therein and bring 
 him forthwith before the officer issuing the same, and it shall be the 
 duty of the Police Magistrate or other officer before whom such 
 person may be brought in pursuance of such writ, to proceed imme¬ 
 diately to the trial of the case, and unless for good cause shown, the 
 same may be continued. Provided , the said Police Magistrate may 
 postpone the trial of said cause for such reasonable time as he may 
 think proper, not exceeding three days, if in his opinion the ends of 
 justice demand it, and may, by his written order, authorize the de¬ 
 tention of the defendant in custody, to answer said charge. 
 
 Sec. 4. Process issued as provided in second section, shall be 
 sufficient to authorize the immediate arrest of the defendant therein 
 named, his immediate trial or his detention for trial and judgment 
 upon the facts for any penalty imposed by the ordinances. 
 
 Sec. 5. Whenever judgment shall be rendered in favor of the 
 city, against any person, under proceedings commenced by the city, 
 as prescribed in section second, the Police Magistrate, or officer ren- 
 
CITY OF BUNKER HILL. 
 
 81 
 
 dering the same, shall immediately issue an execution thereon for 
 the judgment and costs, in the following form, as near as may be : 
 
 STATE OF ILLINOIS, 1 
 
 Macoupin County, j ' 
 
 The -people of the State of Illinois, to the City Marshal of the City of Bunker 
 
 Hill, or to any Constable of said county, greeting : 
 
 We command you of the goods and chattels of -, to be found in Macou¬ 
 pin county, to make the sum of-dollars, debt and-costs, with lawful inter¬ 
 est thereon, from the-day of-, A. D., 18-, until paid, which the 
 
 City of iiunker Hill lately recovered before me, and against the said-as 
 
 appears to me from my docket. And in case you are not able to find sufficient 
 property of said defendant to make ihe debt, interest and costs, as aforesaid, and 
 said defendant shall fail or refuse to pay the same when you demand payment 
 
 thereof, you are commanded to take the body of the said-and deliver him to 
 
 the keeper of the city calaboose. And we command you, the said keeper of the 
 
 city calaboose, to receive the body of him, the said-, and him safely keep 
 
 in the calaboose of said city until he pay the debt, interest and costs as aforesaid, 
 or shall be otherwise discharged in due course of law, and hereof make due re¬ 
 turn to me within seventy days from this date. 
 
 Given under my hand and seal, this-day of-, A. D., 18-. 
 
 -, P. M., [L. S.] 
 
 Sec. 6 . Process issued in the manner prescribed by the last 
 foregoing section, shall be sufficient and effectual to authorize the 
 City Marshal, or other officer in whose hands the same may come, 
 to demand the immediate payment of the sums of money therein 
 named, and an immediate levy upon and sale of the property of the 
 defendant therein named, as in other cases made and provided for the 
 sale of property under execution for the satisfaction thereof, and the 
 arrest of the defendant; and also shall be sufficient authority to, and it 
 is hereby made the duty of the Keeper of the Calaboose named therein, 
 to receive the body of the said defendant, and him safely keep until he 
 shall pay the debt, interest and costs named therein, or shall be other¬ 
 wise lawfully discharged. The said Keeper of the Calaboose shall de¬ 
 liver said defendant to the custody of the Superintendent of Streets, 
 on demand of said Superintendent of Streets, who shall keep and 
 detain such defendant until said defendant shall discharge himself of 
 the debt, interest and costs, by labor on the streets, alleys, etc., of 
 the city of Bunker Hill, at the rate of two dollars for each ten hours’ 
 work ; and in case said defendant shall refuse or neglect to work 
 diligently, then the Superintendent of Streets may return said defend¬ 
 ant to the Calaboose Keeper aforesaid, and the said Superintendent 
 of Streets may, at any time, when the said defendant is not at work, 
 return said defendant into the custody of said Calaboose Keeper for 
 safe keeping, and when so returned he shall be allowed the sum of 
 
82 
 
 CITY OF BUNKER HILL. 
 
 one dollar per day for each day confined : Provided , No imprison¬ 
 ment under this section shall exceed six months for any one offense. 
 
 Sec. 7. Suits may be commenced and prosecuted for the recov¬ 
 ery of any penalty provided by any ordinance of said city by the 
 issuance of a summons in the following form, as near as may be : 
 
 STATE OF ILLINOIS, 1 
 
 Macoupin County. J 
 
 The people of the State of Illinois to the City Marshal of the City of Bunker 
 
 Hill , or any Constable of sai‘1 county , greeting : 
 
 You are hereby commanded to summon -to appear before me at my 
 
 office in Bunker Hill, on the-day of-, A. D., 18—, at-o’clock, 
 
 to answer the complaint of the City of Bunker Hill, in a certain action of debt, 
 
 for the violation of section-of chapter-of ordinances of said city- 
 
 demand not to exceed two hundred dollars, and hereof make due return as the 
 law directs. 
 
 Given under my hand and seal, this-day of-, A. D. 18—. 
 
 -, P. M. [L, S.] 
 
 And all subsequent proceedings under this section shall be the 
 same as now had before a justice of the peace in civil cases. 
 
 Sec. 8. Appeals may be taken to the County or Circuit Court 
 of Macoupin county, within twenty days after such judgment is 
 rendered, in the same way as under the laws of this State. i\ll 
 appeal bonds executed by any defendant under the provisions of this 
 section, shall be in a sum at least double the amount of such judg¬ 
 ment, for fine and costs, payable to the City of Bunker Hill, and 
 shall be approved by the magistrate who rendered the judgment 
 appealed from. 
 
 Sec. 9. In all cases under this ordinance either party may have 
 the cause tried by a jury, if he shall so demand, before the trial is 
 entered upon, and will first pay the fees of the jury. 
 
 Passed May 12 , i8yj. Approved . 
 
 J. F. CUMMINGS, Mayor. 
 
 AN ORDINANCE RELATING TO MEETINGS AND 
 
 ORDINANCES. 
 
 Section i. Be it ordained by the City Council of the City of Bmiker 
 Hill: That the City Council shall meet for the transaction of busi¬ 
 ness on the first Monday in each month, from the first day of March 
 until the first day of September in each year, at half past seven 
 o’clock in the afternoon, and for the remainder of the year at seven 
 o’clock in the afternoon, and may adjourn from time to time as they 
 may think proper. 
 
83 
 
 CITY OF BUNKER HILL. 
 
 Sec. 2. The repeal of any ordinance by these ordinances shall 
 not affect any act done or right accrued or established in any pro¬ 
 ceeding, action, suit or prosecution, or other thing had or com¬ 
 menced previous to the time when such repeal shall take effect; 
 but every such act, right and proceeding shall remain and continue 
 as valid and effectual as if the provisions of any such ordinance had 
 remained in.force. 
 
 Sec. 3. No offense committed, and no fine, forfeiture or penalty 
 incurred previous to the time when the provisions of any ordinance 
 shall be repealed, shall be affected, released or in any way dis¬ 
 charged by such repeal ; but the trial, conviction and punishment of 
 all such offenses and the recovery of such fines, forfeitures and pen¬ 
 alties, shall be had in all respects as if such provision had remained 
 in force. 
 
 Sec. 4. No action, prosecution, suit or proceeding pending at 
 the time any ordinance or part of any ordinance shall be repealed, 
 shall be affected in any way by such repeal; but any such action, 
 prosecution, suit or proceeding, shall proceed in all respects as if 
 such ordinance had not been repealed. 
 
 Sec. s* Whenever in any ordinance words importing the plural 
 number are used, in describing or referring to any matter, parties 
 or persons, any single matter, party or persons shall be deemed 
 to be included, although distributive words to that effect may not 
 be used. 
 
 Sec. 6. When any subject, matter, party or person is described 
 or referred to in any ordinance, by words importing the singular 
 number, or the masculine gender, several matters, and persons and 
 females, as well as males, and bodies corporate, as well as individ¬ 
 uals, shall be deemed to be included. 
 
 Sec. 7. Upon the taking effect of the foregoing ordinances, all 
 ordinances or parts of ordinances inconsistent therewith shall be 
 and are hereby repealed. 
 
 Passed May 12 , i 8 jj. Approved. 
 
 J. F. CUMMINGS, Mayor . 
 
 STATE OF ILLINOIS, \ 
 
 Macoupin County. J ss * 
 
 I, S N. Sanford, Clerk of the City of Bunker Hill, Illinois, do hereby certify 
 that the foregoing is a true copy of the ordinances of the City of Bunker Hill. 
 
 Griven under my hand and the seal of the City of Bunker Hill, this ‘21st day of 
 May, 1873. 
 
 S. N. SANFORD, City Clerk. 
 

 
 
 
 
 
 K 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 * 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 , 
 
 
 
 
 
 
 
 
 
 
 
 
 ■ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ' 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 I 
 
Index to Ordinances. 
 
 Section. Page. 
 
 Publication..... 52 
 
 Boundaries . 1 53 
 
 Elections : 
 
 Where held. 1 53 
 
 Time to open and close. 1 53 
 
 Cumulate vote for Aldermen. 1 53 
 
 Police Magistrate. 2 53 
 
 Officers : 
 
 To give bonds.... 1 53 
 
 Amount of bonds. 1 54 
 
 City Attorney. 2 54 
 
 Police Magistrate, duties of.. 3 54 
 
 City Marshal, duties of.. 4 54 
 
 Superintendent of Streets, duties of.. 5 54 
 
 Road Labor: 
 
 Who to labor. 1 55 
 
 May pay in money. 1 55 
 
 To be notified by. 1 55 
 
 Penalty for refusing to labor. 1 55 
 
 Penalty for refusing to obey orders. 1 56 
 
 Council exempt. 1 66 
 
 Outside city. 2 66 
 
 Commissioner’s consent. 2 56 
 
 Fire Limit : 
 
 Describing boundaries. 1 56 
 
 Building materials, regulating same. 2 66 
 
 Lintels and plate pieces to be protected. 2 56 
 
 Wooden building. 3 56 
 
 Restrictions for repairing same. 3 57 
 
 Damages to be appraised. 4 57 
 
 Mode of chosing appraisers. 4 57 
 
 11 
 
86 
 
 INDEX. 
 
 Decision to be final. 
 
 Buildings to be declared nuisances.... 
 
 Mode of abatement.,. 
 
 Straw, hay, prohibited. 
 
 To be removed. 
 
 Nuisances : 
 
 Offensive premises. 
 
 To be abated. 
 
 Offensive liquid.‘.. 
 
 On any street. 
 
 To be abated. 
 
 Dead animals. 
 
 To be removed. 
 
 Nuisances on streets. 
 
 To be removed... 
 
 Chimneys, flues, etc.; ^regulate same 
 
 Shows: 
 
 To obtain license.. 
 
 Concerts and lectures free. 
 
 Penalty for violation. 
 
 Peddlers and Auctioneers : 
 
 To obtain license. 
 
 Penalty for selling without license. 
 
 Who are peddlers. 
 
 Groceries and Billiard Rooms: 
 
 Selling liquor without license. 
 
 Penalty for. 
 
 License may be granted... 
 
 Selling to minors, etc. 
 
 Bonds required.. 
 
 To sell in one place only. 
 
 Selling or giving to minors. 
 
 License to describe house... 
 
 License not transferable. 
 
 Drugged liquors prohibited. 
 
 Violations of the Sabbath . 
 
 Proof of minor being intoxicated. 
 
 Time to close. 
 
 Druggist to sell. 
 
 Penalty fer selling illegally. 
 
 Bonds of druggist.-. 
 
 Keeping billiard tables, etc. 
 
 To obtain license. 
 
 License may be had. 
 
 Place to be named. 
 
 Pigeon hole table license. 
 
 Ten pin alleys... 
 
 Licenses, when forfeited. 
 
 ction. 
 
 Page. 
 
 4 
 
 57 
 
 6 
 
 57 
 
 6 
 
 57. 
 
 6 
 
 57 
 
 G 
 
 57 
 
 1 
 
 58 
 
 1 
 
 58 
 
 2 
 
 58 
 
 9 
 
 58 
 
 9 
 
 *4 
 
 58 
 
 3 
 
 68 
 
 3 
 
 58 
 
 4 
 
 58 
 
 4 
 
 58 
 
 5 
 
 59 
 
 1 
 
 59 
 
 i 
 
 59 
 
 9 
 
 59 
 
 3 
 
 60 
 
 3 
 
 60 
 
 4 
 
 60 
 
 1 
 
 60 
 
 1 
 
 61 
 
 2 
 
 61 
 
 2 
 
 61 
 
 2 
 
 61 
 
 3 
 
 61 
 
 4 
 
 61 
 
 5 
 
 62 
 
 5 
 
 62 
 
 G 
 
 62 
 
 7 
 
 62 
 
 8 
 
 62 
 
 9 
 
 62 
 
 10 
 
 62 
 
 10 
 
 63 
 
 10 
 
 63 
 
 11 
 
 63 
 
 11 
 
 63 
 
 12 
 
 63 
 
 12 
 
 63 
 
 13 
 
 63 
 
 13 
 
 63 
 
 14 
 
 63 
 
INDEX. 
 
 Misdemeanors : 
 
 Unlawful assembly. 
 
 Assault, p.enalty for...... 
 
 Disorderly conduct. 
 
 Disorder^ assembly on premises. 
 
 Abetting any unlawful act. 
 
 Disturbance of religious worship. 
 
 Disturbance on the Sabbath day. 
 
 False alarm.. 
 
 Intoxicated. 
 
 Exposure of person. 
 
 Exhibiting or selling obscene books. 
 
 Cutting or marking obscene words. 
 
 Exhibition of animals. 
 
 Vagrants...,.. 
 
 Groceries or billiard room open on Sunday 
 
 Injury of public or private property... 
 
 Fastening animals to trees.....?.. 
 
 Posting bills on building. 
 
 Fast driving. 
 
 Animals, leaving unfastened.,,. 
 
 Discharging fire arms. . 
 
 Bonfire. 
 
 Cellars, leaving open. 
 
 Excavation, leaving open. 
 
 Selling diseased animals, etc.. 
 
 Resist or obstruct any officer. 
 
 Rescue any prisoner. 
 
 To aid and assist officers.. 
 
 Obstructions on streets and sidewalks. 
 
 Excavations on streets. 
 
 Corner stones. 
 
 Rubbish, dirt, etc., on streets or sidewalks.. 
 
 Animals running at large prohibited. 
 
 Tearing down notices. 
 
 Obstructing street by cars, teams, etc. 
 
 Stud or jack, hitching of.. 
 
 Weapons, deadly or dangerous. 
 
 Betting or playing for money... 
 
 Sidewalks, riding on or over.. 
 
 Groceries to be closed election days. 
 
 Dogs : 
 
 Running at large. 
 
 To be registered annually. 
 
 Hydrophobia, danger of. 
 
 May destroy. 
 
 Bitch in heat. . 
 
 Fees of City Marshal.... 
 
 Number of dogs to be reported. 
 
 Destroying registered dogs. 
 
 Dangerous dogs at large. 
 
 
 87 
 
 Section. 
 
 Page. 
 
 . 1 
 
 64 
 
 
 64 
 
 
 64 
 
 . 4 
 
 64 
 
 . 5 
 
 64 
 
 . 6 
 
 64 
 
 . 7 
 
 64 
 
 
 65 
 
 
 65 
 
 . 10 
 
 65 
 
 . 11 
 
 65 
 
 . 12 
 
 65 
 
 . 13 
 
 65 
 
 
 65 
 
 . 15 
 
 65 
 
 
 66 
 
 ..... 17 
 
 66 
 
 . 18 
 
 66 
 
 . 19 
 
 66 
 
 ..... 20 
 
 66 
 
 . 21 
 
 66 
 
 . 21 
 
 66 
 
 . 22 
 
 67 
 
 . 23 
 
 67 
 
 . 24 
 
 67 
 
 . 25 
 
 67 
 
 ..... 26 
 
 67 
 
 . 27 
 
 68 
 
 .28 to 32 
 
 68 
 
 ..... 33 
 
 69 
 
 ... 34 
 
 69 
 
 .... 35 
 
 69 
 
 .36, 37 
 
 69 
 
 .... 38 
 
 69 
 
 .... 39 
 
 69 
 
 . 40 
 
 70 
 
 41, 42 
 
 70 
 
 .... 43 
 
 70 
 
 . 44 
 
 70 
 
 .... 45 
 
 70 
 
 .... 1 
 
 71 
 
 
 71 
 
 
 71 
 
 
 72 
 
 .... 5 
 
 72 
 
 .. . 6 
 
 72 
 
 .... 7 
 
 72 
 
 .... 8 
 
 72 
 
 .... 9 
 
 72 
 
INDEX. 
 
 88 
 
 Police Department : Section. 
 
 Who shall constitute. 1 
 
 Police, how appointed. 2 
 
 Supervision over. 8 
 
 City Marshal, chief of.... 4 
 
 Powers and duties.5, 6 
 
 Board op Health: 
 
 Who shall be. 1 
 
 Jurisdiction. 2 
 
 Powers and duties.3 to 7 
 
 Horses, Cows, Swine and Other Animals : 
 
 To be impounded.,. 
 
 Complaint to be made.. . 
 
 Magistrate to notify owner. 
 
 Superintendent of Streets, duty. 
 
 Owner may redeem. 
 
 Owner may remove by paying.... 
 
 Pound, to remove or destroy. 
 
 Grade of Streets: 
 
 Beginning point.... 
 
 Lots, No. and corners.. 
 
 Curbstones.. 
 
 Fees and Salaries: 
 
 City Attorney, City Clerk, City Treasurer, Police Mag¬ 
 istrate, City Marshal, Superintendent of Streets, 
 Judges and Clerks of Elections, Policemen, Jurors 
 
 and the Witnesses, and the Calaboose Keeper. 1 
 
 Suits and Process : 
 
 City Attorney to be informed. 1 
 
 Affidavit to be made.. 2 
 
 Warrant, form of.. 2 
 
 Person arrested to be taken. 3 
 
 Immediate arrest for trial. 4 
 
 Execution, form of.. 5 
 
 Execution to issue immediately. 5 
 
 Execution to be paid or commit. 6 
 
 To work for city. G 
 
 Refusal to work. 6 
 
 Summons may issue. 7 
 
 Form of summons. 7 
 
 Appeal to County or Circuit Court.:. 8 
 
 Jury, how paid. 9 
 
 Meetings and Ordinances : 
 
 Time and place of meeting. 1 
 
 Repeal, relating to.2, 3. 4 
 
 Plural number used. 5 
 
 Person or persons referred to. 6 
 
 Ordinances repealed. 7 
 
 Page. 
 
 73 
 
 73 
 
 73 
 
 73 
 
 73 
 
 74 
 
 74 
 
 74-5 
 
 7G 
 
 7G 
 
 7G 
 
 7G 
 
 7G 
 
 77 
 
 77 
 
 77 
 
 77 
 
 78 
 
 78-9 
 
 79 
 
 80 
 80 
 80 
 80 
 80 
 80 
 81 
 81 
 81 
 82 
 82 
 82 
 82 
 
 82 
 
 83 
 
 83 
 
 83 
 
 83 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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UNIVERSITY OF ILLINOIS-URBANA 
 352.0773B88O C001 
 
 THE ACT OF INCORPORATION AND ORDINANCES